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HomeMy WebLinkAboutReso 2020-3111RESOLUTION NO. 2020 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING A FOURTH AMENDMENT TO THE AGREEMENT WITH SEA DIVERSIFIED, INC. TO PERFORM SHORELINE SURVEYING AND MAPPING CONSULTING SERVICES, IN AN AMOUNT NOT TO EXCEED FORTY-FIVE THOUSAND DOLLARS ($45,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 21St, 2016 via Resolution No. 2016-2575, the City Commission ranked the submittals in response to Request for Qualification No. 16-06-01 for Shoreline Surveying and Mapping Consulting Services ("Services") and authorized the City Manager to negotiate and enter into an agreement with the top ranked firm of Sea Diversified, Inc. ("Firm"); and WHEREAS, on October 11t, 2016, the City Manager executed an Agreement with the Firm, in an amount not to exceed $45,000.00 for a period of one (1) year and four (4) additional one (1) year renewal options; and WHEREAS, on October 3rd, 2017, the City Manager executed a First Amendment to the Agreement with the Firm, thereby renewing the Agreement and exercising the City's first of four (4) renewal options, in an amount not to exceed $45,000.00, bringing the total contract amount not to exceed $90,000.00; and WHEREAS, on November 26th, 2018, the City Manager executed a Second Amendment to the Agreement with the Firm, thereby renewing the Agreement and exercising the City's second of four (4) renewal options, in an amount not to exceed $45,000.00, bringing the total contract amount not to exceed $135,000.00; and WHEREAS, on December 31St, 2019, the City Manager executed a Third Amendment to the Agreement with the Firm, thereby renewing the Agreement and exercising the City's third of four (4) renewal options, in an amount not to exceed $45,000.00, bringing the total contract amount not to exceed $180,000.00; and WHEREAS, on February 20, 2020 via Resolution No. 2020-3054, the City Commission ratified the abovementioned Amendments to the Agreement with the Firm; and WHEREAS, the City Commission wishes to ratify Fourth Amendment to the Agreement with Sea Diversified, Inc. for Shoreline Surveying and Mapping Consulting Services, thereby renewing the Agreement and exercising the City's fourth and final renewal option, in an amount not to exceed $45,000.00, bringing the total contract amount not to exceed Two Hundred Twenty -Five Thousand Dollars ($225,000.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: R2020 Ratify Fourth Amend W Sea Diversified Inc Page I of 2 Section 1. Ratification of Fourth Amendment. The City Commission hereby ratifies the Fourth Amendment to the Agreement with Sea Diversified, Inc. for Shoreline Surveying and Mapping Consulting Services, thereby renewing the Agreement and exercising the City's fourth and final renewal option, in an amount not to exceed $45,000.00, bringing the total contract amount not to exceed Two Hundred Twenty -Five Thousand Dollars ($225,000.00), 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. PASSED AND ADOPTED this 17th day of S e ber 2020. George H. Scholl, Mayor APPRO O FORM rk�D L GAL OF CIENCY Edward A. Dion, City Attorney Moved by: ��/!i(,l/SS»/�/��4W)4 Second by: �GfGftt/Sa/p�( Vote: ¢—o Mayor Scholl of / (Yes) (No) Vice Mayor Svechin Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama/ Yes) (No) Commissioner Viscarra ✓ (Yes) (No) 82020 Ratify Fourth Amend W Sea Diversified Inc Page 2 of 2 SAN"Y F S<City of Sunny Isles Beach G 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall eo FSO¢ 05 (305)949-3113 Fax Ti O. 50- ha MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager DATE: 9/17/2020 Ratifying a Fourth Amendment to the Agreement with RE: Sea Diversified, Inc. to Perform Shoreline Surveying and Mapping Consulting Services RECOMMENDATION: It is recommended that the City Commission ratify the fourth amendment to the agreement with Sea Diversified, Inc. to perform shoreline surveying and mapping consulting services in a renewal amount not to exceed $45,000.00 bringing the total contract amount not to exceed $225,000.00. REASONS: In 2016, the City of Sunny Isles Beach advertised RFQ No. 16-06-01 Shoreline Surveying and Mapping Consulting Services. Of the seven proposals received, Sea Diversified, Inc. was one of the three ranked companies. The initial contract with Sea Diversified, Inc. was executed in 2016. Because Sea Diversified, Inc. has performed satisfactorily since their initial contract, the City has exercised all options available for renewal. FUNDING SOURCE: CIP, Beach Erosion Mitigation, 300-6-5720-465000-99006 ATTACHMENTS: Description Resolution Fourth Amendment Item Number: 10.W. 5,1NY_IJ( FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND SEA DIVERSIFIED INC C... e• sVµ ANO CONTRACT NO. 2020-6335 This Fourth Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City") and SEA DIVERSIFIED, INC. ("Consultant") executed this 4�`Iday of )L -I& , 2020, is made a part of the original Agreement ("Agreement") dated October 1, 2016 and amendments thereto, between the City and Consultant, a copy of which attached hereto as Attactunent "A", whose Federal Identification # is 51-05017 . The City and Consultant hereby agree as follows: I. OPTION TO RENEW The City hereby wishes to exercise its fourth and final option to renew the Agreement for an additional one (1) year term in accordance with Section 3 of the original Agreement, as more particularly described in Attachment "A", which is attached hereto and incorporated herein by reference. There are no additional renewal terms remaining for this Agreement. 2. EFFECTIVE DATE OF RENEWAL TERM. The Effective Date of this Fourth Amendment sliall commence on October 1, 2020 and shall terminate no later than September 30, 2021. 3. ADDITIONAL COMPENSATION. Effective October 1, 2020, the Parties wish to amend Section 4 of the original Agreement ("Compensation") to include additional compensation for the renewal term in an amount not to exceed Forty -Five Thousand Dollars ($45,000.00), bringing the total contract amount not to exceed Two Hundred Twenty -Five Thousand Dollars ($225,000.00). 5. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated October 1, 2016, and amendments attached hereto as Attachment "A", shall remain in full force and effect. 6. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this Fourth 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 document as of the date mentioned above. WITNESS: Signature Print Name A B. SEA DIVERSIFIED, INC. BY: Wi1lian . Sadler, Jr., PE, PSM CITY OF SUNNY ISLES BEACH BY: hristo CrJ. usso, City Mana r Pagel of 3 B : _A 4�; Department Head Page 2 of 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: t Edward A. Dion, City Attorney Attachment "A" Original Agreement and Amendments Page 3 of 3 r kL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND SEA DIVERSIFIED. INC. '•�::�• CONTRACT NO. C6335-1617-001' THIS CONTRACTUAL AGREE ENT (hereinafter referred to as the "Agreement) is made in duplicate, this _L day of 'O A-gft& , 2016, by anti between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City'), stad SFA DIVERSIFIED, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Cors+ritant!) whose Federal 1.D. 6 Is _<1.OSO 11 bS f IU;CITALS WHEREAS, the City issued Request for Qualifications ("RFQ")No.16.00.01 For shoreline surveying, and mapping consulting services ("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 subject to the terns and ooaditions contained herein and RFQ No. 16.06-01, which is incorporated herein by reference; and WHEREAS, the City desires to contractwith Consultant toprovide the Services, as more fully described in Attachment "A" wWch is attached hereto; and WHEREAS, the City desires to enter Into an Agreement with Consultant to provide the Services in a total amount not to exceed Forty Five Thousand Dollars (845,000.00). 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 agrees to furnish all labor and materials in a good workmanlike and professional marmor and to -perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be performed by Consultant to the full satisfaction of the City. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 8 hereunder, this Agreement shall be for an initial term of one (1) year with four (4) options to renew for one (1) year each. The initial term of thii Agreement shall commence retroactively on October I, 2016, and end no later than September 30, 2017. Payment will be made only for work completed to the satisfaction of the City. Consultant is to commence petformance of work on the Commencement Date and continue in a diligent manner until work is complete. Consultant acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 15 and 16 entitled 06335-1617-001 SEA DIVERSIFIED, INC. ATTACHMENT "A" City of Sunny Isles ,bench 1.8070 Collins Avenue, Sunny isles Beach, Florida 33160 (305) 947-0606 phone (305) 949.3113 Fax "Indemnification and Waiver of Liability" and "Compliance with Law" respectively, shall survive termination of this Agreement. 4. CON—TENSATIM The Consultant agrees to provide the desired Services to the City, in an amount not to exceed Party Five Thousand Dollars ($45,400.00) during the initial one (1) yeer term. 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: a. Disbursements. There are no reimbursable expeasesessociated with this contract. b. gayment 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, The City will pay properly submitted Consultant invoices within 30 (thirty) days of receipt, for completed and accepted deliveries at specified services and/or gaods, unless the City notifies the Corisultant 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 inv ice' 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 invoicz, are waived by the Consullaat: 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 ebarges on the invoices, it may make paymcat of the uncontested amounts and vAthhold 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 surely 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. S. 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 2 511-1 06335.1617401 SEA DIVERSIFIED, INC- City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 9493113 fax 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 expend incurred by the Consultant. The City shall have no duty to withhold any Federal €acome 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 incarrying out its duties under this Agreement. 6. 2XINERSRiP CF DOCUMENTS ANI) El3UIPMEML All documents propend 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. Cl Comprehensive General liability insurance, including broad form contractual !lability coverage for all operations, including, but not t'united to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000.0D) per occurrence., Q Umbrella Insurance shall be required to purchase, maintain, and keep in full force, effect, and good standing, Umbrella, Liability Insurance above "the primary commercial general liability, automobile liability, and employer's liability policies requited herein with a minimum limit of One Million Dollars (51,000,00.00) for each occurrence and nanual aggregate per occurrence during the initial Bad any renews! term. D Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. A Business Automobile Uab'llity which shall include coverage for all owned, non - owned and hired vehicles for minimum limits of not less than OneMilliion Dollars ($1,000,000.00) peroccurrence, One Million Dollars ($1,000,000.00) per accident for bodily injury and Five Hundred Thousand Dollars (S50D,0D0.00) per accident for property damage. 0 Professional Liability insurance shall be required, including Enors and Omissions, with limits of One Million Dollars (51,000,000.00) per occurrence. Insurance required of the Consultant stall 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 e 3 C6335 -16i7-01 SEA DIVERSIFIED, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947.0606 phone (305) 949.3113 Fax minimum A.M. Best rating of A•Excellcnt. Before soy work under this Agreement b performed, and at any time upon request, Consultant shall famish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City rented 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 orhis designee—All insurance policies and certificates of insurance shall provide that the policies maynot be canceled or altered without thirty (30) days priorwritteo 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 heroin. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN TFUS SEs: ON KUST 138 APPROVED IN WRITING BY THE CI'T'Y, 8. TERMINATION AND RENIEDILS FOR BREACH. A. If, through any cause within reasonable control, the Consuhant shall fail to Hfitl 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 thea remaining to be performed. Prior to the exercisr of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular tertas of the Agreement and grant Consultant lea (10) days to curd such default. If the default remains uncured atter ten (10) days tie 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.fantire, if Consultant falls, refuses or is unable to perform any terns of this Agreement, City shall pay for services tendered as of the date of termination. (I.) in the event of temtination, ell 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 ofe breach of the Agreement by Consultant and the City may reasonably withhold payment to Consultant for the purposes of set-off umtil 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 al,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. 4 �7 tj C6333.1617-001 SEA DIVERSIFIED, INC. City of Sunny Isles Beach 18070 CollinsAvenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949.3113 Fax 9. GOVERNING LAW, VENUE, AND ATTO-&gYS 1RE>8S. It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws ofthe 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 say term of 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. 10. BACKGROUND CHECM. A criminal background checic will be required for any employee of the Consultant perforating Services under this Agreement: The Consultant shall hu required to perform the criminal background check at their own sale cost and expease ilsrough the City. The Consultant shall ensure that only their properly designated employees listed with the City Manager be permitted to perform Services. In the event the designated employees are removed by the Consultant, the Consultant sball immediately nalify the City Manager or his designee. Additionally, ideatification 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. 11. CONFI�TIAL I"ORMATIQN. The Consultant shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequeal to that date upon which the Consultant shall heave 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 Agreernent; 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. N_ OTICES. All notices and other communications required or permitted to be glean 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 poslege 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 3. Russo With a copy to: City Manager Hans 01tinot City of Sunny Isles Beach CityAttorney 18070 Collins Avenue, 40' Fioor City of Sunny Isles Beach Sunny Isles Beach, Florida 33160 113070 Collins Avenue, 41 Floor Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 �- C6333.16ri.301 SEA CiVERSIFIEa, INC. City of Sunny Isley Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 '(305) 947-0606 phone (305) 949-311314 If to the William T. Sadler, Jr., PE, PSM Consallant: Sea Diversified, Inc. 21 NE 21dSlreet Delray Heath, FI 33444 Tel: (561) 243.4920 Fax: (561)243.4957 13. &U11. The Consultant shall maize available to the City or its representative all required financial records associated with the Agreement for a period of Three (3) years. 14. HON -DISCRIMINATION. The Consultant agrees to comply vdth all local and scale civil rigbts ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VISI of the Civil flights Act of 1968 as amended, Title I of the Housing sad Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,4he Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 sad 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. madtal/familial status, or status with regard to public assistanu. The Consultant Will take affirmative action to insure that all employment practices are freefrom 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-discrimfitation clause. The Consultant agrees to comply with any Federal regulations issued pumumt 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. CONFLICT OF I .1');REST. 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 perrormanceof 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. 16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to the fullest extent permitted by low, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against all claims, damages, 6 C6335-1617.401 SEA01VERSIFIER.M. Cly of Sunny Isles Beach 18070 Collins Avenue, Swuty Isles Beacb, Florida 33160 `(305) 947.0606 phone (305) 949.3113 Fax losses and expenses (iacluding 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 useresulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional services in the performance of this Agreement including arty person for wbose acts, errors, tui stakes 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. 17. COMPLIANCE WLM LAW. Consultant shall comply with all laws, regulalioas and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agteement("Applicab)e 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. I B.' CONi?LICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that arc contained in any other document, including but not limited to Attachment "A" 19. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of compcteat 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. 06335-1617-001 SEA DIVERSIFIED. INC. • - gl�.sew��l�®mom ' wr— My of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beacb, Florida 33160 (305) 947.0506 phone (305) 949.3113 Fait IN WITNESS WHERLOF, the parties hereto have executed this Agreement In triplicate on the day and year first wrigan above. wITNESS: Si tuts --llo•kJ _ �.� LL - Print Nama i i17TES'I': ane A. Iain MMC, City Cle7k— (v k l ,� 0, ��j3r J SEA DIV'ERWED, INC. , BY. �' • „ ierr T Sadtsr, Jc, o� PSM CITY OF SUNM ISLES BEACH .Christaph . Russo, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: kitylomey B f „ .• �I�RIi �l��Isi �� i Y � •� C4}35-16177] SEA rNVFM1FIED•1NC.- SEA nrl:rtr,srr�rr:r� Sea Diversified, Inc. 21 N.W. 2nd Street 1500 a, Harbor City Blvd, Ste 1 f0 Detray Beach, Florida 33444 Melbourne, Florida 32901 Phone: 561-243-4920 Phony 321-984.7269 Facsimile: 551-243.4957 Facsimile: 321.984.7270 Scope of Services CitywldWCoastal Monitoring Program City of Sunny Isles, Miami -Dade County, Florida September 29, 2016 (SDI P.N. 18.2422) Sea Diverstfcd, lnc. (SDI] Is pleased provide the following recommended scope of services regarding beach and offshore profile data collection in support or the City's ongoing beach management efforts. The purpose of the survey effort is to monitor coastal shoreline changes along Sunny Isles beach and to specifically documint and quantity the erosion and accretion of sand on on annual ar more frequent basis depending on the requirements of the City. The profile surveys will provide a valuable source or data to support requests for FEMA funding assistance in the event of a major storm event. The data may also be used for the planning, design and permitting of necessary beach restoredoa projects. SDI shall provide services in accordance with the Monitoring Standards for Beach Erosion Control FtoJects as published by the Florida Department of Environmental Protection, Bureau of Beach and Coastal Systema (RBCS), dated May 2014 (Latest Edit October 2014), herein referred to as the Specifications. Alii work shall be conducted to the highest level of industry standards and under the responsible charge or a Professional Surveyor and Mapper registered in the State of Florida. The survey, sball meet or exceed the Standards of Practice set forth by the Florida Board of Professional Surveyors and Mappers In Chaptei SI.17, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes and shall adhere to the FEMA Disaster Assistance Fact Sheet DAP9580.8, entitled, 'Eligible Sand Replacement on Public Beaches* to ensure the City's eligibility for FEhIA funding. Task One: Survey Planning and Scope Development SDI shall schedule and attend a planning meeting with the City's project representatives and City Manager. SDI shall Identify the objectives of the beach monitoring efforts and shall assist In developing a scope of survey for annual or more frequent monitoring events Including before and after storm surveys that may be required to document beacb and nearahore changes resulting from a passing storm event. SDI will discuss required coordination eflbrts with ldiami-Dsde to determine the extent of their coastal monitoring program, past and present, in order to compile historical data for comparison with new data and to minimize any duplication of survey efforts on future survey activities. SDI will discuss and confirra required dellverabios associated svlth each survey event and outline other roles and responsibilities such as that pertaining to meeting attendance, allutegy sessions and other tasks that may be necessary to assist with the City's ongoing beach management efforts. SDI's preliminary scope of survey, subject to further refinement during this first Task, will be to conduct annual surveys encompassing beach and offshore data at FDEP profile control monuments R-5 through R-20, for a total of fifteen (151 profiles. Additional intertn0late Profiles will be conducted adjacent to the nearshore breakwater structures located at the northerly City limits end adjacent to the Ndwport Mr. The total number of Intermediate profiles will be eight (g), which includes four (4) In the vicinity of the north breakwater structures and four (4) adjacent to the Newport Pier. The purpose of the intermediate profiles Is to monitor the condition of the coastline immediately adjacent to these structures to assess whether the structures are havingany impact on the beach and nearshore area. Reference Attachment A. Anne] surveys will be conducted in late summer of each year (August — September] with the fust survey, considered the baseline survey, scheduled for year 2016. Subsequent surveys, considered annual monitoring surveys, will be conducted during the same tiarerrame as the Initial baseline Surveying Engineering o Applications ; j ATTACHMENT „A" Draft scope of Samces Cltywfdo Coastal Monitoring Nogtam City of Bonny islet, Miami -Dade County, Varfda September 29, 2616 SDI P.N. 16.2422 Page 2 or survey event. Beach profiles will be conducted at historic asimuths/headings as published by FDEP BRCS. Profile data collection at R•monuments will extend 3000 feet from the shoreline or to —30 feet (NAVD), whichever point Is reached first. The eight (8) intermediate proMes will extend 1,000 feet seaward or the eNproximate shoreline, i„ addition to the annual, late summer survey events, it is proposed, as an option for the City, to conduct periodic winter survey events to monitor the condition of the beach during this time of year. Winter survey events will be scheduled for January to February timckame. Froide data collection for the winter survey events cont be conducted at the eame R -monuments and intermediate points of the sutnmer survey events, however data collection will extend only to wading depth with the objective of monitor shoreline changes between summer and winter months. Task Two, Field Data Collection, Data Processing and Final Deliverables Project Horizontd, and Vertical Control Verification Horizontal data shall be collected based on the Florida State Plane Coordinate System, Fast Zone, North American Datum of 1483, (NAD83). Vertical data shall be collected based on North American Vertical Datum of 1988 (NAVD 88). In accordance with the Specifications, SDI will verify the horizontal and vertical position of oil found and monuments to be used for the survey. Horizontal and vertical positions will be verified via Real. Time }Gnersatic OPS procedures. In the event vertical obstructions prohthlt the use of OPS,. conventional methodologies will be employed. BRCS will provide SDI with s current data file (ASCII format) describing the horizontal and vertical location or ail reference monuments for the survey. Temporary control points (IBM's) will be set in the event a monument cannot be readily found. As practical, the 78M will be set at the reference monument location. If the specified location is not practical, the TB&l will be set at a more suitable location either landward or seaward along the specified profile azimuth. TBM's will tie established In accordance with the Specifications. The H9CS shall be notified of any missing monuments and shall be provided with the horiiontal and vertical position of all TSM's. Onshore Profile Data Colleedon - Tonomaohic Onshore profile data shall be collected at FDEP range monuments R-6 through R•19. including intermediate profile control pointe, as applicable. Data collection shall extend seaward to approximate wading depth or as required to overlap the offshore profile data a minimum distance of 5fty (501 feel. Data collection at R -monuments shall extend upland to the profile monument or approximately 150 feet landward of the vegetation line, whichever is most landward. Data collection at intenvedlate profiles will extend to the landward side of the dune or vegetation line. In the event there is a physical barrier on. line between the beach and the monument, every reasonable attempt shall be made to extend the survey beyond the harrier to the reference monument position. It is understood that certain physical barriers may be considered impassible such as large buildings, private residences with difficult access, waterhodies, mangroves or other heavy vegetation requiring line clearing.. At the discretion of the surveyor, data collection will be terminated at the first physical barzfer if deemed impassible using practical means of extending the survey landward. Profiles iodinated due to impassible barriers will be noted In the Geld boons. Profile data will be collected using either conventional dilferentisl leveling or Real-time Kinematic Differential Global Positioning techniques. Accuracy levels shall be in accordance with the Specifications. Data points will be collected at a maximum interval or twenty -rive (25) feet and at all grade breaks (exceeding alx inches) and material changes along the profile. in the event the FDEP Surveying • Engineering v Applications J . r "tit FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND SEA DIVERSIFIED INC y'•••CONTRACT NO. 6335-1801 This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City") and SEA DIVERSIFIED, INC. ("Consultant") executed this 3e day of O �,6^, 2017, is made a part of the original Agreement ("Agreement") dated October 1, 2016, between the City and Consultant, a copy of which attached hereto as Attachment "A", whose Federal Identification # is 51- 0501765. The City and Consultant hereby agree as follows: 1. OPTION TO RENEW. The City hereby wishes to exercise its first option to renew the Agreement for an additional one year term in accordance with Section 3 of the original Agreement, as more particularly described in Attachment "A', which is attached hereto and incorporated herein by reference. 2. EFFECTIVE DATE OF RENEWAL TERM. The Effective Date of this First Amendment shall commence October 1, 2017, and shall terminate no later than September 30, 2018. 3. ADDITIONAL COMPENSATION. Effective October 1, 2017, the Parties wish to amend Section 4 of the original Agreement ("Compensation") to include additional compensation for continuing Services during Fiscal Year 2017-2018 in an amount not to exceed Forty Five Thousand Dollars ($45,000.00), bringing the total contract amount not to exceed Ninety Thousand Dollars ($90,000.00). 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically. modified herein, all terms and conditions of the original Agreement between the parties, dated October 1, 2016, and attached hereto as Attachment "A", 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 document as of the date mentioned above. W MSS. —a64 "nature Print Name SEA DIVERSIFIED, INC. BY: _ .,Xel . S r, Jr., PE, PSM tATTEST. CITY OF SUNNY ISLES BEACH 4 ;Mauricio B'etan , r, CMC, Acting City Clerk Christopher 1. Russo, City Manager BY: 4partmenttad APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Hans Ottinot,CityAttorney r - - — U ;.,,•oto•,, ,. SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND SEA DIVERSIFIED, INC CONTRACT NO. Q-35-003 This Second Amendment to the Agreement between the CITY OF SUNNY ISLE, S BEACH {"City") and SEA DIVERSIFIED, INC. C"Consultant") executed this 16fkday of 001ltril be `i , 2018, is made apart of the original Agreement ("Agreement") dated October 1, 2016, between the City and Consultant, a copy of which attached hereto as Attachment "A", whose Federal Identification # is 51-050]765. The City and Consultant hereby agree as follows: 1. OPTION TO RENEW. The City hereby wishes to exercise its second option to renew the Agreement for an additional one (1) year term in accordance with Section 3 ofthe original Agreement, as more particularly described in Attachment "A', which is attached hereto and incorporated herein by reference, The City has a right to exercise three (3) additional one (1) year renewals as per the original Agreement. 2. EFFECTIVE DATE OF RENEWAL TERM. The Effective Date of this Second Amendment shall commence retroactively October 1, 2018, and shall terminate no later than September 30, 2019. 3. ADDITIONAL COMPENSATION. Effective October 1, 2018, the Parties wish to amend Section 4 of the original Agreement ("Compensation") to include additional compensation for continuing Services during Fiscal Year 2018-2019 in an amount not to exceed Forty Five Thousand Dollars ($45,000.00), bringing the total contract amount not to exceed One Hundred Thirty Five Thousand Dollars ($135;000.00). 4. 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 Isracl 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 (51,000,000) 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. 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. 5. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated October 1, 2016, and attached hereto as Attachment "A", shall remain in full force and effect. 6. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this Second 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" and "B". IN WITNESS WHEREOF, the parties hereto have. executed this document as of the date mentioned above. WITNESS: SEA DIVERSIFIED, INC. r Signa. BY: T. or, Jr., P& PSM Print Name . 'ATTEST: CITY OF SUNNY ISLES BEACH BY: r .. BY: Wuriciotitaficur, CMC, City Clerk Christoph i. ito, City Manager a t J APPROVED44'T0_4QW AND BY: De ment 'I LEGAL •. `SNrtr laiFJ THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND SEA DIVERSIFIED. INC CONTRACT NO. 2019 - 6335 /Ol SYN This Third Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH "City") nd SEA DIVERSIFIED, INC. ("Consultant") executed this 3 day of 2019, is made a part of the original Agreement ("Agreement") dated October 1, 2016 and amendments thereto, between the City and Consultant, a copy of which attached hereto as Attachment "A', whose Federal Identification # is 51-0501765. The City and Consultant hereby agree as follows: 1. OPTION TO RENEW. The City hereby wishes to exercise its third option to renew the Agreement for an additional one (1) year term in accordance with Section 3 of the original Agreement, as more particularly described in Attachment "A', which is attached hereto and incorporated herein by reference. The City has a right to exercise one (1) additional one (1) year renewal as per the original Agreement. 2. EFFECTIVE DATE OF RENEWAL TERM. The Effective Date of this Third Amendment shall commence retroactively October 1, 2019 and shall terminate no later than September 30, 2020. 3. ADDITIONAL COMPENSATION. Effective October 1, 2019, the Parties wish to amend Section 4 of the original Agreement ("Compensation") to include additional compensation for continuing Services during Fiscal Year 2019-2020 in an amount not to exceed Forty Five Thousand Dollars ($45,000.00), bringing the total contract amount not to exceed One Hundred Eighty Thousand Dollars ($180,000.00). 5. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated October 1, 2016, and amendments attached hereto as Attachment "A", shall remain in:full force and effect. ,. 6. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this Second 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 document as of the date mentioned above. WITNESS: SEA DIVERSIFIED, INC. 7-2c Signature ' 00!:) BY: PI ' So , Jr., PE, PSM Print Name A BY: TI EST: CI'T'Y OF SUNNY ISLES BEACH BY: Maurici , tancur CMC, City Clerk ChristopheO. Russo, City Manager BY: &AkJ%& Department d APPROVED AS TO FORM AND LEGAL SUFFICIE BY• , • Edward A. Dion, City Attorney