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RESOLUTION NO. 2019 - 301
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A FOURTH
AMENDMENT TO THE AGREEMENT WITH CALVIN, GIORDANO
AND ASSOCIATES, INC. FOR PROFESSIONAL PLANNING AND
ZONING CONSULTING SERVICES, IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED NINETY-EIGHT THOUSAND SEVEN
HUNDRED DOLLARS AND EIGHTY CENTS ($198,700.80),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE
MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City issued and advertised RFQ No. 16-12-01 for Professional Planning
and Zoning Consulting Services, including Civil and Traffic Engineering and received two (2)
bids, and Calvin, Giordano, and Associates, Inc. represented to the City that it possesses the
requisite qualifications, expertise and licenses to perform all necessary work in connection with
these Services; and
WHEREAS, on January 19th, 2017 via Resolution No. 2017-2654, the City Commission
awarded RFQ No. 16-12-01 to, and authorize the City Manager to negotiate and enter into an
Agreement with Calvin, Giordano, and Associates, Inc. for Professional Planning and Zoning
Consulting Services; and
WHEREAS, on June 15`1', 2017 via Resolution No. 2017-2704, the City Commission
approved a First Amendment to the Agreement with Calvin, Giordano, and Associates, Inc. for
Professional Planning and Zoning Consulting Services, increasing the City Manager's spending
authority by an amount not to exceed $150,00.00; and
WHEREAS, on January 18`x', 2018 via Resolution No. 2018-2780, the City Commission
approved a Second Amendment to the Agreement with Calvin, Giordano, and Associates, Inc.
for Professional Planning and Zoning Consulting Services, exercising its first option to renew of
which three (3) remain, in an amount not to exceed $141,299.50; and
WHEREAS, on January 17, 2019 via Resolution No. 2019-2901, the City Commission
approved a Third Amendment to the Agreement with Calvin, Giordano, and Associates, Inc. for
Professional Planning and Zoning Consulting Services, in an amount not to exceed $150,000.00,
bringing the total contract amount not to exceed $501,299.50; and
WHEREAS, the City Commission now wishes to exercise its third option to renew and
approve a Fourth Amendment to the Agreement with Calvin, Giordano, and Associates, Inc. for
Professional Planning and Zoning Consulting Services, in an amount not to exceed One Hundred
Ninety-Eight Thousand Seven Hundred Dollars and Eighty Cents ($198,700.80), attached hereto
as Exhibit "A", bringing the total contract amount not to exceed Seven Hundred Thousand
Dollars and Thirty Cents ($700,000.30).
R2019 Fourth Amend to CGA Plan and Zon Consult Srvs Renew
Page 1 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Fourth Amendment. The City Commission hereby approves a Fourth
Amendment renewing the Agreement with Calvin, Giordano, and Associates, Inc. for
Professional Planning and Zoning Consulting Services, in an amount not to exceed One Hundred
Ninety-Eight Thousand Seven Hundred Dollars and Eighty Cents ($198,700.80), attached hereto
as Exhibit "A", bringing the total contract amount not to exceed Seven Hundred Thousand
Dollars and Thirty Cents ($700,000.30).
Section 2. Authorization of Mayor. The Mayor is authorized to execute said Fourth
Amendment.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 21' day of hove ser 2019.
George H. choll, Mayor
ATTE.1
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Mauric o B-tanc r, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
gdaihde-, 041: it--;1A"
Edward A. Dion, City Attorney
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Moved by: "l� 0Q SWUM )
Seconded by: GDWuNttZstaJC1 6OLiv .eJ
Vote: /
Mayor Scholl J/ (Yes) (No)
Vice Mayor Svechin - (Yes) (No)
Commissioner Goldman (Yes) (No)
Commissioner Lama (Yes)
(No)
Commissioner Viscarra (Yes) (No)
R2019 Fourth Amend to CGA Plan and Zon Consult Srvs Renew Page 2 of 2
FOURTH AMENDMENT TO-TARA GREEMENT BETWEEN
THE:CITY,OF SUNNY ISLES BEACH AND,
- • g• CALVIN,LIORIANO.&ASSOCIATFS,
CONTRACT NO.2019-0312
ThisFeurkAitiendritent tO the Agreement between the CITY OFgtINNY ISLES.BEACH and
WAIN, gIORDANO & ASSOCIATES; INC, ("Consultant") executed this ZICCday of
MNiAitiv? ()- , 2019, is made a part of the original Agreement:between the parties.dated
February 2, 2017, Contract No.'C0312,10 . !("t11e Agreement"),between the City-and Consultant
attached.hereto as Attachment `.`41*:" whose Federal Identification,if is.65,0013869. Thrd. City and
Consultant hereby agree as
1 TERM RENEWAL Tht City hereby wishes to exercise its third option to renew the
:AgitWriterit for one yearin accordance with Section.3 of the original Agreement,.incorporated herein
by reference: The original Agreement was-entered into on February; 2,,417. The renewal term shall
commence on February 1,2020 and-tenninate no later than January 31, 2021. The City shall have an
'option to extend this agreement for one(l)additionatone(1)year renewal Wit
2. ADDITIONAL COMPENSATION. By Resolution No419-2001; the City Commission
approved the Third Amendment to the Agreement, increasing the total contract amount to Five Hundred
Fifty Thousand Dollars and Fifty Cents ($54;700.50). Effective upon execution Of this Fourth
Amendment;the Parties wish to amend Section 4 of the original Agreement("Corn penSation")to include
additional compensation for continuing Services ciniringlhe remainder of 2019 through January 2020 in
an amount not to exceed Forty-Eight Thousand Seven Hundred Dollars and Eighty CentS($48,700. 0..),
bringing ibe‘teitat contract amount inclusive of compensation herein to Five Hundred Fifty Thousand
Dollars and Thirty'Cents($550,000;30).Effective February 1 p 2029,.the Parties'W.ISh.to amend Section
r4, of the original Agreement ("Compensation") to include additional compensation for continuing
Services during FebrUary 2020 through January 2021 in an amount not to exceed One Hundred and Fifty
'Thousand Dollars 015,0t000.005,bringing the totalContract-arnount inehiSive,of compensation herein to
*veil Hundred than-Sand Dollarsand Thirty Cents ($10,00030).
3 OTHER.PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein,all
terms and conditions ofthe Agreements.110Ween -the parties dated 'February 2,' 2017;and
amendments thereto shall in ft]I 1:foroe,and effect •
4 CONFLICTING ftOVISIONS:. The terms, statements, requirements, and provisions
contained in.this Fourth Amendment shall prevail,and lseigivo superior effect and,priority over any
conflicting or inconsistent term,'statement;requirement or provision contained in any other document or
attiotiment, including but not I ittijtod ft5 ttadlTient”AYI
Remainder Of Page iS Intentionally Blank
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IN WITNESS WIIEREOF, the parties hereto have executed this document as of'the date
mentioned:above.
• .i SS: CALVIN,GIORDANO&
ASSOCIATES,INC
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ATTEST: 1 CITY.OF dt SUN 1 ISLES BEACH
a ,111,ii ir:
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BY: _ .* , BY:
Ma_otitp :-tat% r? cmc,City Clerk Qecrge,11. '. h011,Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ed%12441
Edward A.Dion,City Attorney
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CALVIN,GIORDANO&ASSOCIATES,INC
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AG. .AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
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�� ��!�� AND CALVIN, GIORDANO & ASSOCIATES, INC.
CONTRACT NO. C0312-1617-026
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement")
is made in duplicate, this -4-° day of fE6(APPI- , 2017, by and between the
CITY OF SUNNY ISLES BEACH, Florida, (hereinaftr referred to as "City"), and CALVIN,
GIORDANO AND ASSOCIATES, INC., a corporation authorized to do business in the State
of Florida(hereinafter referred to as."Consultant") whose Federal I.D. # is 65-0013869.
RECITALS
WHEREAS, the City is in need of a consultant to provide professional planning and
zoning consulting services, including civil and traffic engineering on an as needed basis
("Services"); and
WHEREAS, the Consultant represents to the City that it possesses the requisite
qualifications, expertise and licenses to perform all necessary work in connection with Services;
and
WHEREAS, Consultant has expressed the ability and desire to provide these Services, as
more particularly described in RFQ No. 16-12-01 which is attached hereto as Attachment "B"
and incorporated herein by reference, subject to the terms and conditions contained herein; and
WHEREAS, the City desires to enter into an Agreement with Consultant to provide the
Services in a total amount not to exceed Sixty Thousand Dollars ($60,000.00).
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECITALS: The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. SERVICES. Consultant shall provide Services as more particularly described in RFQ
No. 16-12-01, which is attached hereto and made a part hereof as Attachment"B".
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Section 8 hereunder, this Agreement shall begin on February 1, 2017 and shall terminate
no later than one (1) year thereafter. The parties shall have the option to extend this Agreement
for four(4)additional one(1) year renewal terms, based upon the City's exercise of these renewal
periods.
4. COMPENSATION. As the entire compensation under this Agreement and during the
terms of this Agreement, in whatever capacity rendered, the City shall pay Consultant an amount
not to exceed Sixty Thousand Dollars ($60,000.00) for the performance of the stated Services.
Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with
this Agreement and the schedule of charges reflected in Attachment"A",and under the following
conditions:
C0312-1617-026—Calvin.Giordano&Associates, Inc. S I B
I I City of Sunny is/es Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
a. Disbursements. There are reimbursable expenses associated with this contract in
an amount not to exceed Eight Hundred Dollars ($800.00), which is included in
the not to exceed Compensation amount of Sixty Thousand Dollars ($60,000.00).
However, no additional reimbursable expenses are authorized without the express
written approval in advance from the City Manager or his designee.
b. Payment Schedule. Invoices received from the Consultant pursuant to this
Agreement will be reviewed by the initiating City Department. If Services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
c. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Final Invoice. In order for both parties herein to close their books and records,
the Consultant will clearly state "final invoice" on the Consultant's final/last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any other additional charges, if not properly included on this
final invoice, are waived by the Consultant.
Consultant shall make no other charges to the City for supplies, labor, taxes, licenses,
permits, overhead or any other expenses or costs unless any such expense or cost is incurred by
Consultant with the prior written approval of the City. If the City disputes any charges on the
invoices, it may make payment of the uncontested amounts and withhold payment' on the
contested amounts until they are resolved by agreement with Consultant.
Consultant shall not pledge the City's credit or make it a guarantor of payment or surety
for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Consultant
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this Agreement.
5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Consultant
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been
undertaken by the City. Consultant shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible
for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
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C0312-1617-026—Calvin.Giordano&Associates,Inc. S 0 B
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Consultant, other than those set forth in this Agreement. Consultant shall furnish its own
transportation,office and other supplies as it determines necessary in carrying out its duties under
this Agreement.
6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
the Consultant pursuant to this Agreement and related Services to this Agreement are intended
and represented for the ownership of the City only. Any other use by Consultant or other parties
shall be approved in writing by the City. If requested, Consultant shall deliver the documents to
the City within fifteen (15) calendar days.
7. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Consultant against all loss, claims, damage and
liabilities caused by Consultant, its agents or employees, as indicated below:
O Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars($1,000,000)per occurrence and Two
Million Dollars aggregate during the initial and any renewal term of this
Agreement.
Cl Worker's Compensation and employer's liability coverage, as required pursuant
to Florida law.
❑ Umbrella insurance shall be required to purchase, maintain, and keep in full force,
effect, and in good standing above the primary liability policies required herein.
The limit shall not be less than One Million Dollars ($1,000,000.00) per
occurrence and annual aggregate per occurrence during the initial and any renewal
term of this Agreement.
❑ Professional Liability Insurance including Errors and Omissions with minimum
limits of One Million Dollars ($1,000,000.00) per occurrence.
Insurance required of the Consultant shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City. Such insurance shall not diminish Consultant's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is
performed, and at any time upon request, Consultant shall furnish to the City certificates
of insurance evidencing the minimum required coverage and shall be appropriately
endorsed for contractual liability, with the City named as additional insured. All policies
shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms
and issued by insurance companies acceptable to the City Manager or his designee. All insurance
policies and certificates of insurance shall provide that the policies may not be canceled or altered
without thirty (30) days prior written notice to the City. The City reserves the right from time to
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C0312-1617-026—Calvin,Giordano&Associates, Inc.
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.City of Sunny Is/es Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
time to change the insurance coverage and limits of liability required to be maintained by
Consultant hereunder. Consultant shall also require and ensure that each of its sub-Consultants
providing services hereunder(if any) procures and maintains, until the completion of the services,
insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE
INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN
WRITING BY THE CITY.
8. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Consultant shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Consultant of its violation of the
particular terms of the Agreement and grant Consultant ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Consultant in an
amount equal to the actual cost of a third party to cure such failure. If Consultant
fails, refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Consultant shall be delivered to the City and
the City shall compensate the Consultant for all Services satisfactorily
performed prior to the date of termination, as provided in Paragraph 4 herein.
(ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
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by Consultant and the City may reasonably withhold payment to Consultant
for the purposes of set-off until such time as the exact amount of damages due
the City from the Consultant is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Consultant ten (10) days written notice. The terms of Paragraph 8 A(i)
and A(ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Consultant is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
• 9. BACKGROUND CHECKS. A criminal background check will be required for any
employee of the Consultant performing Services under this Agreement. The Consultant shall be
required to perform the. criminal background check at their own sole cost and expense through
the City. The Consultant shall ensure that only their properly designated employees listed with
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C0312-1617-026—Calvin,Giordano&Associates, Inc.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
the City Manager be permitted to perform Services. In the event the designated employees are
removed by the Consultant, the Consultant shall immediately notify the City Manager or his
designee. Additionally, identification cards will be provided by the City at the Consultant's sole
cost and expense. Consultant shall ensure that all designated employees wear the City's provided
identification cards while performing Services.
10. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement
shall be governed by, construed and enforced in accordance with the laws of the State of Florida.
Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes
necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and
the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the
pretrial, trial and appellate levels.
11. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term
of this Agreement or any time for a period of ten (10) years subsequent to that date upon which
the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Consultant under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Consultant of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation,the City shall have the right,in addition to any other
remedies available to it at law or in equity, to enjoin the Consultant from violating such
provisions.
12. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii)by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or
registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service), addressed to such party as follows:
If to the City: Christopher J. Russo With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Avenue, 4`h Floor City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160 18070 Collins Avenue, 4i1' Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160
Tel: (305) 792-1702
If to the Shelley Eichner
Consultant: Principal In-Charge
Calvin, Giordano & Associates, Inc.
1800 Eller Drive, Suite 600
Fort Lauderdale, FL 33316
Tel: (954) 921-7781
SEichner@cgasolutions.com
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C0312-1617-026—Calvin.Giordano&Associates. Inc.
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_ City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
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13. PUBLIC RECORDS. The Consultant shall be required to comply with the following
requirements under Florida's Public Records Law:
(i.) Consultant shall keep and maintain public records required by the City to perform
the service.
(ii.) Upon request from the City, Consultant shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law.
(iii.) Consultant shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the Consultant
does not transfer the records to the City.
(iv.) Consultant shall, upon completion of the contract, transfer, at no cost, to the City
all public records in possession of the Consultant or keep and maintain public records required by
the City to perform the service. If the Consultant transfers all public records to the City upon
completion of the contract, the. Consultant shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Consultant
• keeps and maintains public records upon completion of the contract, the Consultant shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided by Consultant to the City, upon request from the City, in a format that is compatible
with the information technology systems of the City.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue,
4th Floor, Sunny Isles Beach, Florida 33160.
14. AUDIT. The Consultant shall make available to the City or its representative all required
financial records associated with the Agreement for a period of Three (3) years.
15. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Consultant will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital/familial status, or status with regard to public assistance. The Consultant will take
affirmative action to insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following,: hiring, upgrading, demotion,
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C0312-1617-026—Calvin.Giordano&Associates. Inc.
- City of Sunny Isles Bead, -18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of
compensation,and selection for training, including apprenticeship. The Consultant agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be
provided by the City setting forth the provisions of this non-discrimination clause. The
Consultant agrees to comply with any Federal regulations issued pursuant to compliance with
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination
against the handicapped in any Federally assisted program.
16. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by
the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the
City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if
. fully set forth herein, in connection with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly which should conflict in any manner or degree with the performance of the
Services. The Consultant further covenants that in the performance of this Agreement,no person
having any such interest shall knowingly be employed by the Consultant. The Consultant
guarantees that he/she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this contract or to any benefit arising therefrom.
17. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against all claims,damages,
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings)relating to,arising out of or resulting from the Consultant's negligent acts,
errors, mistakes or omissions relating to professional services in the performance of this
Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or.expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment,or destruction of tangible property including loss of use resulting therefrom,
caused by any negligent acts, errors, mistakes or omissions related to professional services in the
performance of this Agreement including any person for whose acts,errors, mistakes or omissions
the Consultant may be legally liable. The parties agree that One Hundred Dollars ($100.00)
represents specific consideration to the Consultant for the indemnification set forth in this
Agreement.
18. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement("Applicable Laws")and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
19. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede any other conflicting provisions that are contained in any other document, including
but not limited to Attachments "A" and "B". If there is a conflict or inconsistency between any
term,statement,requirement,or provision of any exhibit attached hereto, including but not limited
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• Cityof Sunny Isles-Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
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to Attachments "A" and "B", or any other document or events referred to herein, or otherwise
incorporated by reference, the term, statement, requirement, or provision contained in this
Agreement shall prevail and be given superior effect and priority
20. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall
nevertheless be binding upon the parties with the same effect as though the void or unenforceable
provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts,each of which
shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
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C0312-1617-026—Calvin.Giordano&Associates, Inc.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone(305) 949,3113 Fax
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in triplicate
onthe day and year first written above.
WITNESS: CALVIN, GIORDANO &
. ASSOCIATES, INC.
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C0312-1617-026—Calvin,Giordano&Associates,Inc. S i U
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._ ;, , Calvin, Giordano 8 Associates, Inc.
.. ,/ EXCEPTIONAL SOLUTIONS,"
PROFESSIONAL FEE SCHEDULE
Principal 215.00 LANDSCAPE ARCHITECT
Contract Administrator 190.00 Associate,Landscape Architect 165.00
Project Administrator 165.00 Senior Landscape Architect 135.00
Executive Assistant/Clerical 75.00 Environmental Administrator 125.00
- Landscape Architect 120.00
ENGINEERING Environmental Specialist 105.00
Associate,Engineering(VI) 190.00 Landscape CADD Technician 95.00
. Director,Engineering(V) 175.00 Environmental Assistant 90.00
Project Manager(IV) 150.00 Landscape Inspector/Arborist 105.00.
Project Engineer(III) 130.00 Landscape Designer 120.00
Engineer(II) 110.00 Landscape Site Plan Reviewer 135.00
Building Code Services Jr.Engineer(I) 100.00
Coastal Engineering Senior CADD Tech Manager 115.00 INDOOR AIR QUALITY SERVICES
Code Enforcement CADD Technician 95.00 Sr.Environmental Scientist 125.00
• Construction Engineering Permit Administrator 90.00 Environmental Scientist 100.00
and Inspection
DATA TECH DEVELOPMENT CONSTRUCTION
Construction Services Associate,Data Tech Dev. 165.00 Associate,Construction 165.00
Contract Government GIS Coordinator 145.00 Construction Management Director 135.00
Data Technologies GIS Specialist 125.00 Construction Manager 125.00
and Development Multi-Media 3D Developer 115.00 Senior Inspector 100.00
Emergency Management GIS Technician 100.00 Inspector 90.00
Services Sr.Applications Developer 165.00 Construction Coordinator 90.00
- Engineering Applications Developer 135.00
Environmental Services Network Administrator 155.00 EMERGENCY MANAGEMENT
System Support Specialist 115.00 Director 145.00
Facilities Management IT Support Specialist 85.00 Planner 105.00
Indoor Air Quality Assistant Planner 90.00
Landscape Architecture GOVERNMENTAL SERVICES
Municipal Engineering Associate,VP 190.00 PLANNING
Director of Code Enforcement 145.00 Associate,Planning 175.00
Planning Director of Building Code 145.00 Director of Planning 150.00
Public Administration Project Manager 145.00 Planning Administrator 150.00
• Redevelopment Grants Administrator 125.00 Planning Manager 145.00
and Urban Design Code Enforcement Field Supervisor 110.00 Senior Planner 125.00
•• Surveying and Mapping Code Enforcement Field Inspector 90.00 Assistant Planner 90.00
Building Official 115.00
Traffic Engineering Building Plans Reviewer 90.00 EXPERT WITNESS
Transportation Planning Building Inspector 90.00 Principal/Associate 330.00
Permit Processor 75.00 Registered Engineer/Surveyor 280.00
GSA Contract Holder .Project Engineer 230.00 -
SURVEYING
Associate,Surveying 165.00
Senior Registered Surveyor 145.00
Survey Crew 135.00
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• Registered Surveyor 130.00 In addition to the hourly rates listed
• Survey Coordinator 105.00 above,charges will Include direct
1800 Eller Drive CADD Technician 95.00 out-of-pocket expenses such as
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Suite 600 3D Laser Scanner 355.00 reproduction,overnight mail,and
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Fort Lauderdale,FL1 Hydrographic Survey Crew 330.00 ' other reimbursables billed at a
33316 G.P.S.Survey Crew 155.00 multiplier of 1.25.
954.921.7781 phone Sub-meter G.P.S 75.00
954.921.8807 fax Soft Dig(per hole) 480.00
Utility Locates(per hour) 205.00
Effective October 1,2014
www.cgasolutions.com
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FORT LAUDERDALE WEST PALM BEACH PORT ST.LUCIE HOMESTEAD TAMPA/CLEARWATER JACKSONVILLE ATLANTA g. fj 2?
ATTACHMENT "A" i L.
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CITY OF SUNNY ISLES BEACH
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Viva Classic Rock Band MUSIC AGREEMENT
R�p0. CONTRACT NO. 01 6ao o- /
THIS AGREEMENT ("Agreement") entered into this22day of November 20 19 , by
and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal
corporation of the State of Florida,and Paul Saca (hereinafter referred to
as"Contractor").
SECTION ONE
Holiday Ball 2019 CONCERT
Contractor shall provide a professional show band performance,beginning Dec 14
at 6:OOp and ending on Dec 14 at 9:OOp (hereinafter referred to as the "Event").
The location of the Event shall be at Pelican Community Park located in the City.
SECTION TWO
DUTIES OF CONTRACTOR
A. Contractor shall ensure the group performs at the event to the best of their ability in rain or
shine conditions, unless weather conditions are too severe for the group to perform.
B. Contractor agrees and understands that this event is intended to be a family-oriented event
and shall refrain from any performance that is offensive, sexually oriented, or lewd and
lascivious.
C. Contractor shall provide the necessary outdoor sound system and a sound
engineer to coordinate the sound for the duration of the Event.
D. Contractor shall perform from 6:00 a.m.❑/p.m.❑✓ through 9:00 a.m.❑/p.m.❑✓
Contractor shall have its equipment and entertainers completely set up and ready to perform
no later than 5:15 a.m.fl/p.m.E1
E. Contractor shall hire no other Contractors to fulfill his/her/its obligations under this
agreement,without the written consent of the City.
SECTION THREE
COMPENSATION
As the entire compensation to Contractor for its services to the City under and during the terms of this
Agreement, in whatever capacity rendered, the City shall pay to the Contractor the sum of
one thousand three hundred and no/100 Dollars ($ 1,300.00 ). Payment shall be made in the
form of a check made payable to Paul Saca . Payment of said
compensation shall be made in the following manner.
Music Agreement Page 1 of 7
Revised 2/11/19
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1. A deposit of zero Dollars($ 0.00 )to be
paid upon execution of this Agreement.
one thousand three hundred 1,300.00
2. The balance of Dollars($ )to be
paid on the day of the event.
SECTION FOUR
LIABILITY FOR EXPENSES
All expenses in any way pertaining to the musical group shall be the sole and separate liability of the
Contractor. City assumes no financial responsibility of any kind or nature relative to the musical group
listed in Section One.
SECTION FIVE
INDEMNIFICATION
The City shall not in any way be answerable or accountable for any violations of applicable laws or for
any injury, loss or damage arising from the negligence or omission of the Contractor or any one of its
employees, or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from
and against any claim, loss, damage, liability, cost or expense, including attorneys' fees arising out of
the performance by the Contractor, including those of its employees and/or agents, of its obligations
under this Agreement, including any personal or bodily injury, including death, to any person and
destruction of property.
SECTION SIX
CANCELLATION
If the Contractor is unable to perfonn at the scheduled time/date due to severe illness, acts of God (i.e.
hurricanes, tornadoes, flooding, etc), or strikes, epidemics or similar circumstances beyond the
Contractor's reasonable control, then Contractor shall immediately notify the City and request
• cancellation of the Event. In the event of such cancellation under this Section, the Contractor agrees to
• reschedule the Event, in cooperation with the City within 30 (thirty) days of the canceled Event. In the
event the Contractor is unable to reschedule the canceled Event within this time period, then Contractor
shall be required to return any funds paid by the City, including but not limited to, the initial deposit.
SECTION SEVEN
TERMINATION AND REMEDIES FOR BREACH
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely
manner or otherwise violate any of the covenants, agreements or stipulations material to this
Agreement, the City shall have the right to terminate the Services then remaining to be
performed. Prior to the exercise of its option to terminate for cause, the City shall notify the
Contractor of its violation of the particular terms of the Agreement and grant Contractor ten(10)
days to cure such default. If the default remains uncured after ten (10) days the City may
terminate this Agreement, and the City shall receive a refund from the Contractor in an amount
equal to the actual cost of a third party to cure such failure. If Contractor fails,refuses or is unable
to perform any term of this Agreement, City shall pay for services rendered as of the date of
termination.
Music Agreement Page 2 of 7
Revised 2/11/19
(i) In the event of termination, all finished and unfmished documents,data and other
work product prepared by Contractor (and sub Contractor(s)) shall be delivered
to the City and the City shall compensate the Contractor for all Services
satisfactorily performed prior to the date of termination.
(ii) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to
the City for damages sustained by it by virtue of a breach of the Agreement by
Contractor and the City may reasonably withhold payment to Contractor for the
purposes of set-off until such time as the exact amount of damages due the City
from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and without cause
terminate the Services then remaining to be performed at any time by giving Contractor ten(10)
days written notice.The terms of Paragraph 7A(i)and 7A(ii)above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services
to be performed in the event the Contractor is placed either in voluntary or involuntary
bankruptcy or makes any assignment for the benefit of creditors.
SECTION EIGHT
ASSIGNMENT OF RIGHTS
The rights of each party under this Agreement are personal to that party and may not be assigned or
transferred to any other person, firm, corporation, or other entity without the prior, express, and written
consent of the other party.
SECTION NINE
NO WAIVER
The failure of either party to this Agreement to insist upon the performance of any of the terms and
conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this
Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same
shall continue and remaining full force and effect as if no such forbearance or waiver had occurred.
SECTION TEN
GOVERNING LAW,VENUE,AND ATTORNEY'S FEES
It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the
laws of the State of Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida.
In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under
this Agreement and the City is the prevailing party then the City shall be entitled to its costs and
attorney's fees at the pretrial, trial and appellate levels.
Music Agreement Page 3 of 7
Revised 2/11/19
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SECTION ELEVEN
WAIVER OF RIGHT TO JURY TRIAL
Each of the parties hereto hereby knowingly, voluntarily and intentionally, waives the right which any
may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or
arising out of,under,on or in connection with this agreement or any course of conduct,course of dealing,
statements (whether verbal or written) or actions of either of party.
SECTION TWELVE
EFFECT OF PARTIAL INVALIDITY
The invalidity of any portion of this Agreement shall not be deemed to affect the validity of any other
provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining
provisions shall be deemed to be in full force and effect as if they had been executed by both parties
subsequent to the expungement of the invalid provision.
SECTION THIRTEEN
ENTIRE AGREEMENT
This Agreement shall constitute the entire agreement between the parties and any prior understanding or
representation of any kind preceding the date of this Agreement shall not be binding upon either party
except to the extent incorporated in this Agreement.
SECTION FOURTEEN
NOTICES
All notices and other communications required or permitted to be given under this Agreement by either
party to the other shall be in writing and shall be sent(except as otherwise provided herein)(i)by certified
or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight
delivery by a nationally recognized courier service, or(iii)by facsimile with confirmation receipt(with
a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt
requested or by overnight delivery by traditionally recognized courier service), addressed to such party
as follows:
If to the City: Christopher J Russo, City Manager With a copy to:
City of Sunny Isles Beach Office of the City Attorney
18070 Collins Avenue City of Sunny Isles Beach
Fourth Floor 18070 Collins Avenue
Sunny Isles Beach,Florida 33160 Fourth Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida
33160 Ph: (305)792-1702
If to the Contractor: Name:Paul Saca
Title: Manager
Address: 1600 NW 34 Ave
Miami,FL 33125
Tel: ( 786 ) 290-7841.
Music Agreement Page 4 of 7
Revised 2/11/19
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SECTION FIFTEEN
PUBLIC RECORDS
The Contractor shall be required to comply with the following requirements under Florida's Public
Records Law:
(i.) Contractor shall keep and maintain public records required by the City to perform the
service.
(ii.)Upon request from the City, Contractor shall provide the City with a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
(iii.)Contractor shall ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the Contractor does not transfer the records
to the City.
(iv.)Contractor shall,upon completion of the contract,transfer,at no cost, to the City all public
records in possession of the Contractor or keep and maintain public records required by the City to
perform the service. If the Contractor transfers all public records to the City upon completion of the
contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided by Contractor to the City,
upon request from the City, in a format that is compatible with the information technology systems of
the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-
1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4' Floor, Sunny Isles Beach,
Florida 33160.
SECTION SIXTEEN
MODIFICATION OF AGREEMENT
Any modification of this Agreement or additional obligation assumed by either party in connection with
this Agreement shall be binding only if placed in writing and signed by each party or authorized
representative of each party.
SECTION SEVENTEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this Agreement are solely for the convenience of the parties and shall not
be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Agreement.
Music Agreement Page 5 of 7
Revised 2/11/19
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SECTION EIGHTEEN
COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be
an original, but all of which together shall constitute the same instrument.
SECTION NINETEEN
INDEPENDENT CONTRACTOR
Except as expressly provided for in this Agreement, Contractor is not authorized to act as the City's
agent hereunder and shall have no authority, expressed or implied, to act for or bind the City hereunder
in any manner whatsoever.
SECTION TWENTY
CONFLICTING PROVISIONS
The terms and conditions in this Agreement supersede any other conflicting provisions that are contained
in any other document,including but not limited to any attachments hereto.
SECTION TWENTY-ONE
AVAILABILITY OF FUNDS
The City's perfonnance and obligation to pay under this Agreement is contingent upon an appropriation
of the funds for this purpose by the City Commission.
SECTION TWENTY-TWO
MEDIA RELEASE
The Contractor shall agree to give permission for photographs to be used in future promotional materials
by the City.The Contractor agrees that any photographs,pictures,slides,movies,or videos may be taken
in connection with their participation in the event or activity without any compensation from the City or
their agents and employees and do hereby consent to the use of said photographs,pictures,slides,movies,
or videos for any legal purpose.
SECTION TWENTY-THREE
COMPLIMENTARY TICKETS
The Contractor shall be permitted up to five(5)complimentary tickets per performance. However,these
complimentary shall not be resold or otherwise distributed by Contractor or anybody else acting on
Contractor's behalf. The City may also, at the sole discretion of the City Manager or his designee,
provide Contractor up to an additional five (5) tickets per performance at the same discounted ticket
price charged to City residents.
Music Agreement Page 6 of 7
Revised 2/11/19
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SECTION TWENTY-FOUR
PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES
By accepting this Purchase Order, Seller certifies that Seller is not listed on the Scrutinized
Companies that Boycott Israel list, the Scrutinized Companies with Activity in Sudan list, the
Scrutinized Companies with Activities in Iran Petroleum Energy Sector list, has not engaged in
business operations in Cuba or Syria or is engaged in the boycott of Israel pursuant to Florida Statutes
Section 217.4725.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the
day and year first written above.
WITNESS:
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BY:
Signature
Sign e
/14,1;S5a (D Inc Ski.E4DEPrint NameJ`.
Print Name and Title
ATTEST ---CITY OF SUNNY ISLES BEACH
BY: � `!!' I(1
BY:�
Mauri '• B-ta ur Christopher J. usso, City Manager
City Clerk, CMC
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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BY: .... ¢- BY: •
Department Head
Office of the City Attorney
Music Agreement Page 7 of 7
Revised 2/11/19
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City of Sunny Isles Beach
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ii vv ,, i'` r 4 18070 Collins Avenue
%. we ; Sunny Isles Beach, Florida 33160
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,,a (305)947-0606 City Hall
t-'r*o:so'0111 (305)949-3113 Fax
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• MEMORANDUM
TO: The Honorable Mayor and City Commission
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VIA: Christopher J. Russo, City Manager
FROM: Claudia C. Hasbun, Planning and.Zoning Director
DATE: 11/21/2019
Approving a Fourth Amendment to the Agreement with
RE: Calvin, Giordano, and Associates for Professional
Planning and Zoning Services
ti RECOMMENDATION:
This Resolution is recommended for approval.
REASONS:
The City awarded RFQ 16-12-01 to Calvin, Giordano and Associates,
Inc. under Resolution 2017-265 and entered into a contract on
February 1, 2017, This is the Third option to renew the Agreement for
one (1) year. The term of this renewal is from February 1, 2020 to
January 31, 2021. There is also an increase to the amount to the
contract not to exceed $550,000.30.
ATTACHMENTS:
Description
Resolution
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Fourth Amendment
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Item Number: 10.A.
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137