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HomeMy WebLinkAboutReso 2020-3113RESOLUTION NO.2020 - �13 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING A FIRST AMENDMENT TO THE AGREEMENT WITH APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC. TO PROVIDE PROFESSIONAL MARINE AND COASTAL CONSULTING SERVICES, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued and advertised Request for Qualifications No. 18-02-01 for Professional Marine and Coastal Consulting Services ("Services"), for which four (4) responses were received; and WHEREAS, on July 19t", 2018 via Resolution No. 2018-2847, the City Commission ranked the submittals, and authorized the City Manager to begin negotiating with the first ranked firm of APTIM Environmental & Infrastructure, LLC. ("APTIM"); and WHEREAS, pursuant to Resolution No. 2018-28, the City Commission further authorized the City Manager to enter into an Agreement with APTIM should the negotiations prove to be successful; and WHEREAS, on August 23rd, 2020, the City Manager executed a two (2) year Agreement with APTIM to provide the Services to the City; and WHEREAS, pursuant to Section 3 of the Agreement, the City has an option to renew the Agreement for three (3) additional one (1) year terms; and WHEREAS, the City Manager has determined that additional time is required for APTIM to satisfactorily complete the Services; and WHEREAS, the City Commission wishes to ratify a First Amendment to the Agreement with APTIM, thereby exercising its first of three (3) renewal options, to provide the Services for an additional one (1) year term, attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratification of First Amendment. The City Commission hereby ratifies a First Amendment to the Agreement with APTIM Environmental & Infrastructure, LLC. to provide professional marine and coastal consulting services for an additional one (1) year term, attached hereto as Exhibit "A". Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. R2020 First Amend W APTIM For Marine And Coastal Svcs Page I of 2 PASSED AND ADOPTED this 17th day of S tem er 2020. George H. Scholl, Mayor APPROVED AS TO FORM AND LE AL U FI ENCY , ) c�Edward A. Dion, City Attorney Moved by / �a���_ Abmweconded by:�Q /, 5/�/� Z 47`� Vote: 4 '0 Mayor Scholl—¢f0L--U"I (Yes) (No) Vice Mayor Svechin :(Yes) (No) Commissioner Goldman Yes) (No) Commissioner Lama41 es) (No) Commissioner Viscarra il (Yes) (No) R2020 First Amend W APTIM For Marine And Coastal Svcs Page 2 of °�SJNNY @ a City of Sunny Isles Beach n 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947.0606 City Hall (305) 949-3113 Fax Ta Or SUN �� MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager DATE: 9/17/2020 Ratifying a First Amendment to the Agreement with RE: APTIM Environmental & Infrastructure, LLC for Marine and Coastal Professional Engineering Services RECOMMENDATION: It is recommended that the City Commission ratify the first amendment to the agreement with APTIM Environmental & Infrastructure, LLC for marine and coastal professional engineering services. REASONS: In 2018, the City of Sunny Isles Beach advertised RFQ No.18-02-01 Marine and Coastal Professional Engineering Consulting Services and APTIM ranked first. The City has exercised it first option to renew the contract so that APTIM can continue to provide services per their previously submitted proposal. FUNDING SOURCE: CIP, Beach Erosion Mitigation, 300-6-5720-465000-99006 ATTACHMENTS: Description Resolution First Amendment Item Number: 10.Y. SUNNY-t<F FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND SECT, ui tOw'Na APTIM ENVIRONMENTAL & INFRASTRUCTURE LLC. (FORMERLY KNOWN AS APTIM ENVIRONMENTAL & INFRASTRUCTURE INC.) CONTRACT NO.6885-114 This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City") and APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC. (formerly known as APTIM Environmental & Infrastructure, Inc.) ("Consultant") executed this 14tr day of J ST- , 2020, is made a part of the original Agreement dated August 23, 2018 ("the Agreement"), attached hereto as Attachment "A", between the City and Consultant, whose Federal Identification # is 82-0889816. The City and Consultant hereby agree as follows: 1. OPTION TO RENEW. The City hereby elects to exercise its option to renew for one (1) year as set forth in Section 3 of the original Agreement, which is incorporated herein by reference. The effective date of this First Amendment shall commence on August 28, 2020 and shall terminate no later than August 27, 2021. There are two (2) additional one (1) year renewal terms remaining. 2. NOTICE TO CONSULTANT. The Parties hereby agree to amend Section 11 ("Notices") to provide that all notices and other communications required or permitted to be given under the Agreement to Consultant shall be to the following. If to the CONSULTANT: Beau Suthard Program Director 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: (561) 391- 8102 Fax: ( 561) 391- 9116 Email: Beau.suthardLa)aptim.com All other provisions in Section I I shall remain in full force and effect. 3. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Consultants must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Consultants must submit the certification that is attached to this agreement as Attachment "B". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties dated August 23, 2018, shall remain in full force and effect. 5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms, statements, requirements or provisions contained in any other document or attachment, including but not limited to Attachment "A". IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date mentioned above. WITNESS: Signature CMC City, (�' I I Depa nt Head APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC. BY: -� B�ax Sutl and �- Program Director CITY OF SUNNY ISLES BEACH BY: Christopfier J. Ifusso, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ()SDL—� Edward A. Dion, City Attorney APTIM ENVIRONMENTAL & INFRASTRUCTURE, LLC Page 2 CNN Y ISCE Qy ' CITY OF SUNNY ISLES BEACH AGREEMENT AND APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. CONTRACT NO.6885-114 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this � T r day of A rlu S , 2018, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Consultant") whose .Federal I.D. # is 71-0589932. RECITALS WHEREAS, the City is in need of a Consultant to perform certain marine and coastal professional engineering consulting services for the City ("Services"), as more specifically described in the Request for Qualifications No. 18-02-01, which is incorporated herein by reference; and WHEREAS, Consultant has the ability and desire to provide these Services, 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 One Hundred Thousand Dollars ($100,000.00) during the initial two year term of this Agreement. 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 the Services as more particularly described in the Request for Qualifications No. 18-02-01, which is incorporated herein by reference. 3. TERM. Subject to the provisions relating to the termination of this Agreement asset forth in Section 8 hereunder, the term of this Agreement shall commence upon the execution of a Notice to Proceed issued by the City Manager or designee. The initial term shall be for two (2) years with an option to renew for three (3) additional one (1) year term. 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 One Hundred Thousand Dollars ($100,000.00) for all charges and tasks under this Agreement. 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", which is attached hereto and incorporated herein by reference. Payment to Consultant for all charges and tasks under this Agreement shall be under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract, 1 14-6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. Attachment "A" Payment Schedule, Services will be completed based on task orders requested by City Manager or designee. Task orders for services shall be issued on an as needed basis in accordance with the Contractor's Fee Schedule as reflected in Attachment "A". 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, The City will pay properly submitted Consultant invoices within thirty (30) days of receipt, for completed and accepted deliveries or specified services and/or goods, unless the City notifies the Consultant in writing of the dispute, before the payment is due. 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 fidfill 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 Consultant 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 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. 114-6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. 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 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: ❑ Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. ❑ Business Automobile Liability which shall include coverage for all owned, non - owned and hired vehicles for One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage. 0 Professional Liability Insurance including Errors and Omissions with 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 tinder 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. 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. (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. 114.6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. (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 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 InsolyenM. 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. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non -prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 10. 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. 11. 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: 4 114.6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. 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 City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fcurth Floor Tel: (305) 792-1776 Sunny Isles Beach, Florida 33160 Tel: 305) 792-1766 If to the Thomas P. Pierro CONSULTANT: Director of Operations 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: (561) 391-8102 Fax: (561) 391-9116 Email: Thomas.Pierro r a tim.com 12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shalt be in Miami -Dade County, Florida. 13. 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. 14, 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 I 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, 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. 15. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be l 14-6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "B". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. 17. PROHIBITION AGAINT CONTINGENT FEES. Pursuant to Florida Statutes Section 287.055, the Consultant (architect, registered surveyor and mapper or professional engineer) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or 'she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 18. CONFLICT OF INTERE, ST. 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 Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, 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. 19. 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 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 Contractor's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this Agreement. The ConsuItant'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 114-6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. injury to impairment, or destruction of tangible property including loss of use resulting therefrom, to the extent 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. Notwithstanding anything to the contrary, under no circumstances will Consultant be liable for any special, indirect, incidental, or consequential damages, including but not limited to loss of use, loss of profits, loss of opportunity, etc. regardless of the underlying legal theory, whether in contract, tort, equity, strict liability or the like, and further that any liability of Consultant under this Agreement shall not exceed in the cumulative aggregate, the lesser of the fee hereunder or One Million Dollars ($1,000,000). 20. 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. 21. CONFLICTING PROVISIONS. The terns and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to the Request for Qualifications No. 18-02-01 and Attachment "A". 22. 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. 114.6885 APTIM ENVIRONMENTAL a INFRASTRUCTURE, INC. 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, 4t11 Floor, Sunny Isles Beach, Florida 33160. 23. 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 I.he parties :with the same effect as though the void or unenforceable provls.IVns 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. 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. D. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind their respective party to this Agreement. E. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. F. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachment "A". (Remainder of page intentionally left blank.] t 14-6985 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: Sign tune 10jZ 0A/ C r«�FE7 Print Name *oq Biji Mauri APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. BY: 3 Thomas P. Pierro, Director of Operations CITY OF SUNNY ISLES BEACH BY: City Clerk Clristopher J. Russo, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENC ey 114.6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. O SO IN l S`eS0 n U - I CONTRACTOR ANTI -BOYCOTT CERTIFICATION OP yF s � FIOa\ °yt1 [PURSUANT TO FLORIDA STATUTE § 287.1351 I, Beau C. Suthard , On behalf OfAptim Environmental & Infrastructure, LLC, Print Name Company Name certifies that Aptim Environmental & Infrastructure, LLC does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. re Program Director Title August 27, 2020 Date Attachment "B"