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—
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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