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HomeMy WebLinkAboutReso 2021-3160RESOLUTION NO. 2021 - �® A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, QUALIFYING AND APPROVING THE SHORT LIST OF CIVIL ENGINEERING FIRMS TO PROVIDE GENERAL CIVIL ENGINEERING SERVICES ON AN AS -NEEDED BASIS, IN RESPONSE TO RFQ NO. 20-07-01 FOR CONTINUING CONSULTING SERVICES; AUTHORIZING THE CITY MANAGER OR HIS/HER DESIGNEE TO NEGOTIATE CONTINUING CONSULTANT AGREEMENTS WITH SAID CIVIL ENGINEERING FIRMS, PROVIDED SAID AGREEMENTS ARE APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued Request for Qualifications ("RFQ") No. 20-07-01 for Continuing Professional Consulting Services, pursuant to the Consultants' Competitive Negotiations Act (CCNA), for multiple disciplines, including general civil engineering services only ("Services"); and WHEREAS, the City received forty-four (44) responses to said RFQ, which have been reviewed by the City Manager; and WHEREAS, the City Manager recommends the following shortlisted qualified firms to provide the Services to the City: • Caltran Engineering Group, Inc. • Craig A. Smith & Associates, Inc. • Keith Engineering • Ross Engineering, Inc. • Craven Thompson & Associates, Inc. • Calvin, Giordano & Associates, Inc.; and WHEREAS, the City wishes to negotiate continuing Services contracts with these firms to give the City flexibility to select the firm deemed best suited for a particular civil engineering project when, and if, needed, provided said negotiated contract is first approved as to form and legal sufficiency by the City Attorney and is approved by the City Commission; and WHEREAS, any future project specific Work Authorizations or Task Assignments will be processed and approved in accordance with the City's procurement rules, noting there is no guarantee of future work to any or all of the firms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Qualification and Approval of Short List. The City Commission hereby qualifies and approves the short list of the following firms to perform general civil engineering services: Caltran Engineering Group, Inc. Craig A. Smith & Associates, Inc. 82021 Short List of Civil Eng. Firms Only (RFQ 20-07-01) Page 1 of 2 • Keith Engineering • Ross Engineering, Inc. • Craven Thompson & Associates, Inc. • Calvin, Giordano & Associates, Inc.; and Section 2. Authorization of City Manager. The City Commission hereby authorizes the City Manager or his/her designee to negotiate separate continuing consulting agreements with selected firms, provided said agreements are approved as to form and legal sufficiency by the City Attorney, and are approved by the City Commission. Section 3. Further Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. �1 ATT' EA PASSED AND ADOPTED this 21St day of January 2021. George H. Scholl, Mayor , CMC, City Clerk APPROVED AS TO FORM L GA SUFFICIENCY: � Zdward A. Dion, City Attorney Moved by: �� S� Seconded by: cej4. /�jf d�" Vote: / Mayor Scholl /-(Yes) (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra V (Yes) (No) 82021 Short List of Civil Eng. Firms Only (RFQ 20-07-01) Page 2 of 2 Coversheet NNY Is, fffo City of Sunny Isles Beach °n 18070 Collins Avenue Sunny Isles Beach, Florida 33160 t oP �� (305) 947-0606 City Hall °c, �•Ft°a aas (305)949-3113 Fax rr or SJK F MEMORANDUM TO: The Honorable Mayor and City Commission VIA: FROM: Christopher J. Russo, City Manager DATE: 1/21/2021 RE: Qualify and Shortlist Civil Engineering Firms Pursuant to RFQ 20-07-01 for Continuing Consulting Services RECOMMENDATION: This Resolution is presented for your consideration. REASONS: In July 2020, the City advertised and issued RFQ No. 20-07-01 for Continuing Consulting Services. After careful evaluations of the 44 submittals, the following six (6) firms were shortlisted: • Caltran Engineering Group, Inc. • Craig A. Smith & Associates, Inc. • Keith Engineering • Ross Engineering, Inc. • Craven Thompson & Associates, Inc. • Calvin, Giordano & Associates, Inc. City Administration is seeking approval to negotiate with these firms on an as -needed basis to give the City flexibility to select the firm deemed best suited for a particular civil engineering project. ADDITIONAL INFORMATION: The firms shortlisted are for the general civil engineering discipline only, and will be used on an as -needed basis. Any negotiated contracts will be first reviewed by the City Attorney for legal sufficiency, and any contract exceeding $50,000.00 must be approved by the City Commission. ATTACHMENTS: Description Resolution Page 1 of 1 Item Number: 10.G. https://sunnyisles.novusagenda.com/agendapublic//CoverSheet.aspx?ItemID=2861 &Meetin... 2/2/2021 ""Y = CONTINUING SERVICES AGREEMENT BETWEEN 4 THE CITY OF SUNNY ISLES BEACH AND \':,i:- CRAVEN THOMPSON & ASSOCIATES, INC. For CIVIL ENGINEERING CONTINUING SERVICES AGREEMENT This Continuing Services Agreement (hereinafter referred to as the "Agreement") is made by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a Florida municipal corporation, (hereinafter referred to as "City"), and CRAVEN THOMPSON & ASSOCIATES, INC., a Florida corporation authorized to do business in the State of Florida (hereinafter referred to as "Consultant"), whose Federal I.D. # is 59-0948029. WHEREAS, the City solicited proposals from qualified consultants on July 8, 2020, pursuant to the City Request for Qualifications ("RFQ") No. 20-07-01, which RFQ, and all addenda thereto, is attached hereto as EXHIBIT "A" incorporated within this Agreement by reference and made a part hereof. Consultant submitted a Response to the RFQ dated August 18, 2020, which Response is attached hereto as EXHIBIT "B" incorporated within this Agreement by reference and made a part hereof (the "Response to RFQ"). Based upon the representations of Consultant in the Response to RFQ, which representations the City has relied upon, the City selected the Consultant to provide said Continuing Professional Civil Engineering Services to the City; and WHEREAS, the Consultant is willing and able to perform such professional services for the City within the basic terms and conditions set forth in this Agreement, the RFQ and the Response to RFQ; and WHEREAS, the purpose of this Agreement is not to authorize a specific project, but to set forth the terns and conditions which shall be incorporated into subsequent supplemental agreements for specific projects or services when required; and NOW THEREFORE, in consideration of the mutual terms, conditions, promises, and covenants set forth below, the City and Consultant agree as follows: SECTION 1 SCOPE OF SERVICES 1.1. The Consultant will provide comprehensive engineering set -vices to the City, as specified in EXHIBIT "C," Scope of Services. The City may, but is not required to, enter into a Project Agreement or Letter Agreement for any one or any combination of these Services. 1.2. The Consultant hereby represents to the City, with full knowledge that the City is relying upon these representations when entering into this Agreement with the Consultant, that the Consultant is duly licensed by the State of Florida and has the professional expertise, Authorized City Representative's Initials: 2< Authorized Consultant Representative's Initials:, 1 experience and manpower to perform the services to be provided by the Consultant in a manner consistent with the standard of care in the industry. 1.3. In accordance with the Consultant's Competitive Negotiations Act, the Consultant shall, at the request of the City, provide professional services to the City for additional projects in which construction costs do not exceed $4,000,000, and/or for study activities where fees do not exceed $500,000. SECTION 2 AUTHORIZATION OF SERVICES 2.1 When the need for services for a specific project occurs, the City may, at its sole discretion, enter into negotiations with the Consultant for that specific project under the terms and conditions of this Agreement. The City shall initiate said negotiations by providing the Consultant with a Scope of Services Request (hereinafter referred to as the "Scope of Services Request"). The Consultant shall provide a proposal that shall conform to the requirements of Section 2.2 below. 2.2. The City and Consultant shall utilize a Project Agreement or a Letter Agreement for each specific project. The Project Agreement, a copy of which is attached to and incorporated into this Agreement as EXHIBIT "D" shall be utilized for all projects requiring design services and/or Construction Administration Services exceeding $25,000. For projects requiring design services equal to or less than $25,000 in value, a Letter Agreement shall be utilized, a copy of which is attached to and incorporated into this Agreement as EXHIBIT "G." Each Project Agreement or Letter Agreement will include but is not limited to the following negotiated terms: A The Scope of Services; B. The deliverables (e.g. drawings, specifications, cost estimates, etc.); C. The time and schedule of performance and term; D. The method and amount of compensation; E The personnel assigned to the specific project, including, but not limited to: Consultant's project manager, other staff and subconsultants, which the City shall have the right to reject in its sole discretion; and, F. Any modifications to the Project Agreement or Letter Agreement form, if mutually agreed upon by the parties or as required to comply with grants the City has received. 2.3 The professional services to be rendered by the Consultant shall commence subsequent to the execution of each Project Agreement or Letter Agreement. City Staff shall negotiate and prepare Project Agreements for approval by the City Commission. The City Manager is authorized to negotiate and execute Letter Agreements for specific projects in which the Consultant's services do not exceed $50,000. Consultant's Services shall be performed and completed as specified in the Project Agreement or Letter Agreement, 2.4 The City may, at its sole discretion, utilize the services of another consultant or solicit Requests for Qualifications for professional services for any project or services outlined in the RFQ and EXHIBIT "C" of this Agreement. Authorized City Representative's Initials: / /x K Authorized Consultant Representative's Initials: 2.5 The City Manager is authorized to sign all Agreement renewals, and extensions to this Agreement. Amendments to this Agreement shall be approved by the City Commission and amendments to Project Agreements and Letter Agreements shall be authorized in accordance with the dollar thresholds specified in Section 2.3. SECTION 3 COMPENSATION AND PAYMENT 3.1 The City agrees to pay the Consultant compensation for the services provided for in this Agreement pursuant to the fee schedules set forth in either the Project Agreement or Letter Agreement, and EXHIBIT "IT" Compensation and Method of Payment, which exhibits are attached to and incorporated in this Agreement. It is acknowledged and agreed to by Consultant that the dollar limitations set forth in each respective Project Agreement or Letter Agreement is a limitation upon, and describes the maximiun extent of, City's obligation to reimburse Consultant for direct, non -salary expenses, but does not constitute a limitation upon Consultant's obligation to incur such expenses in the performance of services hereunder. If City requests Consultant to incur expenses not contemplated, Consultant shall notify the City's representative in writing and obtain their approval in writing prior to incurring such expenses. Nothing in this Agreement shall be construed to indicate that Consultant shall be obligated to perform services or to incur expenses that have not been authorized in writing by the City. SECTION 4 TERM 4.1 This Agreement shall commence on the date this instrument is fully executed by all parties and shall end five (5) years from the executed date unless and until terminated pursuant to Section 5 of this Agreement. Each Project Agreement and Letter Agreement shall specify the term agreed to by the City and the Consultant for services to be rendered under said Project Agreement or Letter Agreement. 4.2 In the event Services are scheduled to end because of the expiration of the Agreement, or by termination by the City (at the City's discretion), the Consultant shall continue to perform the agreed upon Service upon the request of the City Manager, solely for the purpose and to the extent necessary to complete any unfinished tasks. Project Agreements and Letter Agreements issued during the contract term and not completed within that the five (5) year period shall be completed by the Consultant within the time specified in the Project Agreement or Letter Agreement. Each Project Agreement or Letter Agreement may provide that the Consultant is to achieve final completion within a time period determined and agreed upon by both parties from the date appearing in the Notice to Proceed form for the specified Project. Therefore, the Consultant agrees to begin each Project in conformity with the provisions set forth in the Project Agreement or Letter Agreement and to perform it with all due diligence, so as to complete the entire work and Project by the time limits set forth in the agreed Project Schedule for the specified Project. As to such a Project Agreements or Letter Agreements that have deadlines, time will be of the essence unless stated otherwise. The Consultant shall be compensated for the service at the rate in effect when this extension clause is invoiced by the City. Authorized City Representative's Initials: t Authorized Consultant Representative's Initials 3 SECTION 5 TERMINATION 5.1 Termination for Convenience: This Agreement may be terminated by the City for convenience upon ten (10) calendar days' written notice to the Consultant. In the event of such termination, any Services performed by the Consultant under this Agreement shall, at the option of the City, become the City's property, and the Consultant shall be entitled to receive compensation for any Services completed pursuant to this Agreement to the satisfaction of the City tip to and through the date of termination. Under no circumstances shall City make payment for services that have not been performed. Additionally, the City shall not make payment for the following items: 5.1.1 Anticipated profits or fees to be earned on completed portions of the work; 5.1.2 Consequential damages; 5.1.3 Costs incurred in respect to services performed in excess of reasonable quantitative requirements of this Agreement and Project Agreement(s) or Letter Agreement(s); 5.1.4 Expenses of Consultant due to the failure of Consultant or its subconsultants to discontinue services after notice of termination has been given to the Consultant; 5.1.5 Losses upon other contracts or from sales or exchanges of capital assets or Internal Revenue Code Section 1231 assets; and 5.1.6 Damage or loss caused by delay. 5.2 Termination for Cause: This Agreement may be terminated by either party upon seven (7) calendar days' written notice to the other party should such other party fail substantially to perform in accordance with its material terms through no fault of the party initiating the termination. In the event the Consultant abandons this Agreement or causes it to be terminated by the City, the Consultant shall indemnify the City against any loss arising from its termination. In the event that the Consultant is terminated by the City for cause and it is subsequently determined by a court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a termination for convenience under Section 5.1 and the provisions of Section 5.1 shall govern. 5.3 Termination for Governmental Non -Appropriations: The City is a bona fide governmental entity of the State of Florida with a fiscal year ending on September 30 of each calendar year. If the City does not appropriate sufficient fiends to purchase Services required under this Agreement for any of the City's fiscal years subsequent to the one in which the Agreement is executed and entered into, then this Agreement shall be terminated effective upon expiration of the fiscal year in which sufficient fiends to continue to the satisfaction of the City's obligation under this Agreement were last appropriated by the City and the City shall not in this sole event be obligated to make any further purchases beyond said fiscal year. Authorized City Representative's Initlals: —�;_� 4 Authorized Consultant Representative's Initlals:Yi SECTION 6 CITY'S RESPONSIBILITIES 6.1 Assist the Consultant by placing at its disposal all reasonably available information as may be requested in writing by the Consultant and allow reasonable access to all pertinent information relating to the services to be performed by the Consultant. 6.2 Furnish to the Consultant, at the Consultant's request, all existing studies, reports and other reasonably available data pertinent to the services to be provided by the Consultant. 6.3 Arrange for access to and make all reasonable provisions for the Consultant to enter upon City's public property as required for the Consultant to perform services. 6A In the event that Consultant believes that City is not reasonably complying with the requirements of Sections 6.1, 6.2 and 6.3 above, Consultant shall immediately provide written notice within three (3) days of such non-compliance to the City, absent which Consultant shall be deemed to have waived such non-compliance by City. SECTION 7 CONSULTANT'S RESPONSIBILITIES 7.1 The Consultant shall comply with all laws, ordinances and governmental rules, regulations, and orders now or at any time during the term of this Agreement which as a matter of law are applicable to or which affect the procedures of the Consultant. 7.2 The obligation of the Consultant to comply with governmental requirements is provided for the purpose of assuring proper safeguards for the protection of persons and property. 7.3 The Consultant shall exercise the same degree of care, skill and diligence in the performance of the services as is ordinarily provided by a professional engineer under similar circumstances. If at any time during the term of any Project Agreement, Letter Agreement or the construction of the specific project for which the Consultant has provided engineering services under a prior Project Agreement or Letter Agreement, it is determined that the Consultant's documents are incorrect, defective or fail to conform to the scope of services, due to Consultant's negligent acts or failure to act, errors or omissions, upon written notification from the City, the Consultant shall immediately proceed to correct the work, re -perform services which fail to satisfy the foregoing standard of care as determined by the City, and Consultant shall compensate the City as provided in Section 7.3.1 for all costs and expenses associated with correcting said incorrect or defective work, including any additional testing and inspections. The City's rights and remedies under this section are in addition to, and are cumulative of, any and all other rights and remedies provided by this Agreement, the Project Agreement, the Letter Agreement, by law, equity or otherwise. 7.3.1 Where Consultant's actions as described in Section 7.3 result in a Change Order to the Contract for Construction with the Contractor, the Consultant shall compensate the City for the cost of the Change Order work that exceeds the cost of the work had it been included in the construction documents at the time that bids for construction were received by the City, plus the total of the Contractor's overhead and fifty -percent (50%) of profit included in the approved Change Order. Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 5 7.3.2 Any time added to the project schedule in a Change Order that is a result of Consultant's actions as described in Section 7.3 cannot be claimed by the Consultant as additional services nor compensated to the Consultant in any way. 7.4 The Consultant's obligations under Sections 7.3 and 7.3.1 shall survive termination, cancellation, or expiration of this Agreement or any Project Agreement or Letter Agreement. 7.5 Any and all drawings, plans, specifications, or other construction or contract documents prepared by the Consultant shall be accurate, coordinated and adequate for construction and shall be in conformity and comply with all applicable law, codes, and regulations. Products, equipment, and material specified for use shall be readily available unless written authorization to the contrary is given by the City. SECTION 8 POLICY OF NON-DISCRIMINATION 8.1 The Consultant shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work and shall not discriminate on the grounds of race, color, national origin, sex, gender identity, sexual orientation, age, disability/handicap, religion, family or income status. SECTION 9 CODE OF ETHICS 9.1 The Consultant and its employees shall be bound by the provisions of the City Code of Ethics provided in Chapter 33 of the Code of the City of Sunny Isles Beach, Florida, as may be amended from tune to time, which standards shall by this reference be made a part of this Agreement as though set forth in full. The Consultant agrees to incorporate the provisions of this Section 9.1 into any subcontract. SECTION 10 OWNERSHIP OF DOCUMENTS/DELIVERABLES 10.1 All subcontracts for the preparation of reports, studies, plans, drawings, specifications, or other data entered into by the Consultant for a project shall provide that all such documents and rights obtained by virtue of such subcontracts shall become the property of the City. 10.2 All finished or unfinished documents, including, but not limited to, detailed reports, studies, calculations, plans, drawings, surveys, maps, models, photographs, specifications, and all other data pertaining to or prepared for the City or furnished by the Consultant pursuant to this Agreement or any Project Agreement or Letter Agreement shall be and shall remain at all times, throughout the Project and thereafter, the property of the City, whether the project for which they are made is completed or not, and shall be delivered by the Consultant to City within ten (10) calendar days after receipt of written notice requesting delivery of said documents. The Consultant shall have the right to keep one record set of the documents upon completion of the work; however, in no event shall the Consultant use, or permit to be used, any of the documents without the City's prior written authorization. Any reuse of such documents by the City without the written verification or Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 6 adaptation by the Consultant for the specific purpose intended will be at the City's sole risk. 10.3 At the conclusion of its work and before final payment, or from time to time as may be required by the City, the Consultant shall release and deliver to the City any and all such originals; provided, however, that the Consultant may, with the City's approval, reproduce such originals for the purpose of the Consultant's record file of the work. The Consultant shall not sell, copy, or reuse any drawings in total or in part for any other project, except with the prior written permission of the City. 10.4 All final plans and documents prepared by the Consultant shall bear the endorsement and seal of a person duly registered as an engineer, as appropriate, in the State of Florida. SECTION 11 RECORDS/AUDITS 11.1 Consultant shall maintain and shall require its subconsultants to maintain complete and correct records, books, documents, papers and accounts pertaining to work performed in connection with this Agreement including without limitation, reasonable substantiation of all expenses incurred based on actual costs and of all property acquired or disposed of hereunder. Such records, books, documents, papers and accounts shall be available at all reasonable times for examination and audit by the City or any authorized City representative with reasonable notice and shall be kept for a period of three (3) years after the completion of each project to be performed pursuant to this Agreement. Incomplete or incorrect entries in such records, books, documents, papers or accounts will be grounds for disallowance by or reimbursement to the City of any fees or expenses based upon such entries. The Consultant shall remit promptly to the City the amount of any adjustment resulting from audit. 11.2 Refusal of the Consultant to comply with the provisions in this Section shall be grounds for immediate termination for cause by the City of this Agreement or any Project Agreement or Letter Agreement. SECTION 12 NO CONTINGENT FEE 12.1 The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or malting of this Agreement. In the event the Consultant violates this provision, the City shall have the right to terminate this Agreement or any Project Agreement or Letter Agreement, without liability, and at its sole discretion, to deduct from the Agreement price, or otherwise recover, the fiill amount of such fee, commission, percentage, gift or consideration. Authorized City Representative's Initials:��\ Authorized Consultant Representative's Initials: SECTION 13 INDEPENDENT CONTRACTOR 13.1 The Consultant is an independent contractor under this Agreement. Personal services provided by the Consultant shall be by employees or subcontractors of the Consultant who shall be subject to supervision by the Consultant, and who shall not be deemed officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to Services rendered under this Agreement shall be those of the Consultant and not City. SECTION 14 INDEMNIFICATION/HOLD HARMLESS 14.1 To the fullest extent permitted by law, the Consultant agrees to indemnify and hold - harmless the City, its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in performance of this Agreement. This indemnification shall survive the term of this Agreement. 14.2 PURSUANT TO FLORIDA STATUTES §558.0035, A DESIGN PROFESSIONAL EMPLOYED BY CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURING WITHIN THE SCOPE AND OF PROFESSIONAL SERVICES UNDER THIS AGREEMENT. SECTION 15 INSURANCE 15.1 Consultant agrees to maintain, on a primary non-contributory basis and at its sole expense, at all times during the life of this Agreement, the following insurance coverages, limits, including endorsements described herein. The requirements contained herein, as well as City's review or acceptance of insurance maintained by Consultant is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Consultant under this Agreement. Any coverage maintained by the City shall apply excess of, or contingent upon the absence of, other insurance required or maintained by Consultant. 15.1.1 Comprehensive General Liability: Consultant agrees to maintain Comprehensive General Liability at a limit of liability not less than $1,000,000 each occurrence, $2,000,000 annual aggregate. Coverage shall not contain any restrictive endorsement(s) as filed by the Insurance Services Office, and must include: — Premises and Ongoing Completed Operations – on a primary and noncontributory — basis including waiver of subrogation on behalf of the City of — Sunny Isles Beach. — Independent Contractors — Broad Form Property Damage — Broad Form Contractual Coverage applicable to this specific Contract, — including any hold — Harmless and/or indemnification agreement. — Personal Injury Coverage with Employee and Contractual Exclusions Authorized City Representative's Initials; ei Authorized Consultant Representative's Initial — removed, with minimum limits of coverage equal to those required for — Bodily Injury Liability and Property Damage Liability. 15.1.2 Worker's Compensation Insurance & Employers Liability: Consultant agrees to maintain Worker's Compensation Insurance & Employers Liability in accordance with Florida Statute, Chapter 440, and where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One Million Dollars ($1,000,000.00) per accident. Consultant agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. 15.1.3 Professional Liability: Consultant agrees to maintain Professional (Errors & Omissions) Liability at a limit of liability not less than $1,000,000 per claim, $1,000,000 annual aggregate, or a $1,000,000 combined single limit. 15.1.4 Errors and Omissions Liability. Errors and Omissions Liability insurance with minimum coverage limits of $1,000,000.00 each occurrence. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions. 5.1.5. Umbrella Insurance. Consultant 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 employers' liability policies required herein. The limit shall not be less than One Million Dollars ($1,000,000.00) each occurrence and annual aggregate per occurrence during the initial and any renewal term of this Agreement. 15.1.6 Additional Insured: The Consultant agrees to endorse the City as an Additional Insured on all policies set forth in this Section 15, and the City of Sunny Isles Beach, Contract Number, and Title, must appear on each Certificate of Insurance. All Certificates of Insurance must remain active during the term of the contract. 15.1.7 Waiver of Subrogation: Consultant agrees to provide a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit Consultant to enter into a pre -loss agreement to waive subrogation without an endorsement, then Consultant agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should Consultant enter into such an agreement on a pre -loss basis. 15.1.8 Certificate(s) of Insurance: Consultant agrees to provide City a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in Rill force and effect, and Certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify City of a non -renewal or cancellation notice, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from Authorized City Representative's Initials:�'� Authorized Consultant Representative's Initials: IV 9 an insurance cannier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City by fax and email as set forth in this Section within five (5) business days with a copy of the non -renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance The certificate holder address shall read: City of Sunny Isles Beach Risk Management Division Attn: Risk Manager 18070 Collins Avenue Sunny Isles Beach, FL 33160 YLondono@sibfl.net 15.1.9 Right to Revise or Reject: City reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies that fail to meet the criteria stated herein. Additionally, City reserves the right, but not the obligation, to review and reject any insurer providing coverage due of its poor financial condition or failure to operating legally. SECTION 16 REPRESENTATIVE OF CITY AND CONSULTANT 16.1 City Representative. It is recognized that questions in the day-to-day conduct of this Agreement will arise. The City designates the City Manager as the person to whom all communications pertaining to the day-to-day conduct of this Agreement shall be addressed. 16.2 Consultant Representative. Consultant appoints _ , as the Consultant's Representative to whom all communications pertaining to the day-to-day action of this Agreement shall be addressed. SECTION 17 ALL PRIOR AGREEMENTS SUPERSEDED 17.1 This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements whether oral or written. SECTION 18 SUBCONSULTANTS 18.1 The Consultant has presented the firms shown on EXHIBIT "E" attached hereto and made a part hereof, to the City to act as ongoing subconsultants during the term of this Agreement, and the City hereby approves Consultant's use of said firms. 18.2 In the event the Consultant requires the set -vices of any other subconsultant or subcontractor not identified on EXHIBIT "E" in connection with services covered by this Agreement, any Authorized City Representative's IniQals:4< 10 .'.� Authorized Consultant Representative's Initials1! I Project Agreement or any Letter Agreement, the Consultant must secure the prior written approval of the City Manager. 18.3 Any subcontract with a subcontractor or subconsultant shall afford to the Consultant rights against the subcontractor or subconsultant which correspond to those rights afforded to the City against the Consultant herein, including but not limited to those rights of termination as set forth herein. 18.4 No reimbursement shall be made to the Consultant for any subconsultants that have not been previously approved in writing by the City for use by the Consultant. SECTION 19 NOTICES 19.1 Whenever either party desires to, or is required to give notice to the other, it must be given by written notice, sent by certified United States mail with return receipt requested or other commercial overnight delivery services, addressed to the party for whom it is intended, at the place last specified, and the place for giving notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice, to wit: If to the City: Christopher J. Russo With a copy to: City Manager Edward Dion, Esq. City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Fourth Floor Beach Sunny Isles Beach, Florida 18070 Collins Avenue 33160 Fourth Floor Tel: (305) 792-1776 Sunny Isles Beach, Florida 33160 Tel: 305) 792-1766 If to the Patrick J. Gibney, P.E., Consultant: Vice President Craven Thompson & Associates, Inc. 3563 NW 53rd Street Fort Lauderdale, FL 33309 Phone: (954) 739-6400 pgibney@craventhompson. corn SECTION 20 TRUTH -IN NEGOTIATION CERTIFICATE 20.1 Signature of this Agreement by Consultant shall act as the execution of a truth -in - negotiation certificate stating that wage rates and other costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement and no higher than those charged to the Consultant's most favored Authorized City Representative's Initials: Authorized Consultant Representative's Initials: IL.T— r 11 customer for the same or substantially similar services. The said rates and costs shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate, incomplete, or noncurrent wage rates or due to inaccurate presentation of fees paid to outside contractors. The City shall exercise its rights under this clause within three (3) years following final payment. SECTION 21 GOVERNING LAW/JURISDICTION/VENUE 21.1 This Agreement shall be governed by the laws of the State of Florida. Except as set forth in Sections 14, 5.2, and 30, should the parties be involved in legal action arising under, or connected to, this Agreement, each party will be responsible for their own attorneys' fees and costs. The venue for any litigation between the parties will be Miami -Dade County, Florida. Both parties hereby agree to waive a jury trial in any action between them, and will proceed to a trial by judge if necessary. SECTION 22 HEADINGS 22.1 Headings are for convenience of reference only and shall not be considered in any interpretation of this Agreement. SECTION 23 EXHIBITS 23.1 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The Exhibits if not physically attached, should be treated as part of this Agreement, and are incorporated by reference. SECTION 24 COUNTERPARTS 24.1 This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. SECTION 25 WORDS AND PHRASES 25.1 Where the words "required," "approved," "approval," "satisfactory," "determined," "acceptable," or words of like import are used in this Agreement, action by the City is indicated unless the context clearly indicates otherwise, and all work shall be in accordance therewith. Such action, or failure to act, shall not relieve the Consultant of its contractual responsibilities for performance of this Agreement. Wherever it is provided in the Agreement that the Consultant shall perform certain work "at its own expense," or "without charge," or that certain work will not be paid for separately, such words mean that the Consultant shall not be entitled to any additional compensation from the City for such work. SECTION 26 NOTICE OF COMMENCEMENT/NOTICE TO PROCEED 26.1 Consultant shall not commence work until: 1) all insurance to be furnished hereunder has been approved by the City; and 2) Consultant has received a City Purchase Order and Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 12 written Notice to Proceed or Notice of Commencement from the duly authorized representative of the City for provision of services under a Project Agreement or Letter Agreement. The City shall not be responsible to pay for or reimburse the Consultant for any work that does not comply with this Section. SECTION 27 TIME IS OF THE ESSENCE 27.1 All limitations of time set forth in this Agreement or any resulting Project Agreement or Letter Agreement are of the essence. SECTION 28 CLAIMS BY CONSULTANT 28.1 All claims by the Consultant, all questions concerning interpretation or clarification of this Agreement or the acceptable fulfillment of this Agreement on the part of the Consultant, and all questions as to compensation and to extension of time shall be submitted in writing to the City's Representative. The Consultant shall be solely responsible for requesting instructions or interpretations and shall be solely liable for any costs and expenses arising from its failure to do so. All determinations, instructions, and clarifications of the City shall be final unless the Consultant files a written protest with the City Manager within fourteen (14) calendar days after the City's representative notifies the Consultant of any such determination, instruction, or clarification, which written protest shall state clearly and in detail the basis of the protest. The City Manager's decision shall be final. 28.2 The City Manager will issue a decision upon such protest. At all times during the protest period, the Consultant shall proceed with the work in accordance with determinations, instructions, and clarifications of the City's representative. The Consultant's failure to protest the City's Representative's determinations, instructions, clarifications, or the City Manager's decision within fourteen (14) calendar days after receipt thereof shall constitute a waiver by the Consultant of all its rights to further protest, judicial or otherwise. 28.3 It is specifically agreed that any and all claims by a party against another party arising out of this Agreement or the performance of the work thereunder or relating thereto, or otherwise (including but not limited to claims for extra work) except as specifically set forth in Subsections 28.1 and 28.2 above, shall be waived unless presented in writing to the other party within the time limit specified in this Agreement but in no event in excess of thirty (30) calendar days after occurrence of the event or circumstances giving rise to such claim. 28.4 The Consultant shall also submit such information, costs and data in such detail and specificity as may be reasonably required by the City to justify and substantiate such claims. The Consultant shall certify that all such information, costs and data are accurate, complete, and true, to the best of its knowledge. It is agreed that under no circumstances shall the Consultant be compensated or reimbursed for expenses incurred in claim preparation, presentation, or prosecution unless directed in writing by the City. Authorized City Representative's Initials: � Authorized Consultant Representative's Initials: 13 _'P - fl1 SECTION 29 CONSULTANT'S STANDARD OF CARE 29.1 Consultant represents that Consultant's services shall be perfor n-ied with that degree of skill and judgment which is normally exercised by recognized professional engineering firms performing services of a similar nature, and that the services shall be performed and shall conform to generally accepted engineering firms' standards and practices. Consultant will re -perform any services not meeting this standard without additional compensation and shall pay all costs and expenses associated with correcting said set -vices or work including any additional testing, inspections, corrections, or construction. SECTION 30 PATENT INDEMNITY 30.1 Subject to the limitations set forth in this Agreement, the Consultant shall indemnify, save harmless and defend the City and the City Commissioners, City officers, and City agents and employees (collectively "City Indemnified Party") from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees incident to any infringement of any patent or patents related in any manner to the subject matter of the Agreement documents prepared by the Consultant; provided, however, that any City Indemnified Party may, at its option, be represented in any such suits, actions or legal proceedings by attorneys selected by City Indenuufied Party at Consultant's expense. In case the Construction Documents or any part thereof is held in such suit to constitute infringement of any patent or patents and its use enjoined, the Consultant shall, at its own expense, subject to the limitation of the Consultant liability prescribed in this Agreement, either procure for the City the right to continue using said Construction Documents or replace same with non -infringing Construction Documents. SECTION 31 FORCE MAJEURE 31.1 Neither party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is delayed, hindered or prevented by any cause which is beyond the reasonable control of the party affected thereby (hereinafter called "Force Majeure"). Force Majeure includes but is not limited to any of the following if reasonably beyond the control of the party claiming Force Majeure: war (declared or undeclared), fire, riot, storin, hurricane, floods, earth quake, tornado, act of terrorism or sabotage or any law, proclamation order, regulation, or ordinance of any government agency or any court, or any other cause similar to those enumerated above, which is not reasonably within the control of the party claiming Force Majeure. 31.2 The party affected by any Force Majeure shall give prompt written notice to the other party advising of the nature and extent of any Force Majeure and advising of the effects of the Force Majeure upon the completion and cost of the work hereunder. The parties shall consult promptly with each other concerning the Force Majeure and shall endeavor to agree upon mutually acceptable corrective action. In the event of a Force Majeure which prohibits performance by the Consultant for more than sixty (60) days, either party may terminate this Agreement for convenience and shall have no f rther obligation hereunder. Authorized City Representative's Initials:—` "— Authorized Consultant Representative's Initials:. 14 SECTION 32 SUSPENSION 32.1 The City may, at its sole option, decide to suspend at any time the performance of all or any portion of work to be performed under this Agreement. The Consultant will be notified of such decision by the City in writing. The order shall be specifically identified as a stop work order under this Section. Upon receipt of the order, the Consultant shall inunediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of suspension. 32.2 Upon receipt of any such notice, the Consultant shall, unless the notice requires otherwise, do the following: A. Immediately discontinue work on the date and to the extent specified in the notice; B. Place no further orders, contracts or subcontracts for material, services, or facilities with respect to suspended work other than to the extent required in the notice; C. Promptly make every reasonable effort to obtain suspension upon terms satisfactory to the City, of all orders, subcontracts, and rental agreements to the extent they relate to performance of work suspended; and D. Continue to protect and maintain the services including those portions on which services have been suspended. 32.3 As full compensation for such suspension, the Consultant shall be reimbursed for the following costs, reasonably incurred, without duplication of any item, to the extent that such costs directly result from such suspension of work: A. An equitable amount to reimburse the Consultant for the cost of maintaining and protecting that portion of the services which have been suspended; and B. If, as a result of any such suspension of services, the cost to the Consultant of subsequently performing services is increased or decreased, an equitable adjustment will be made in the cost of performing the remaining portion of services. SECTION 33 RECORD DRAWINGS AND SPECIFICATIONS 33.1 During construction, the Consultant shall maintain for the City a record of deviations on the basis of information compiled and furnished, in part, by others, from the work as shown in the drawings and specifications and as actually installed. Before final payment by the City, the Consultant shall revise any drawings and specifications affected by such deviation so that all such documents shall show the work actually installed. A digital drawing or approved equal of the final certified record drawings shall be submitted to the City. 33.2 A review of the markup record drawings at the construction site will be conducted at the progress meeting. SECTION 34 ORDER OF PRECEDENCE 34.1 In the event of an inconsistency between provisions of this Agreement, the inconsistency shall be resolved in the following order: Authorized City Representative's Initials:ua< Authorized Consultant Representative's Initials: 15 A. Project Agreement or Letter Agreement B. Continuing Services Agreement C. RFQ, including all addenda D. Response to RFQ SECTION 35 SUCCESSORS AND ASSIGNS 35.1 The City and Consultant bind themselves, their successors, assigns, and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements, and obligations contained in this Agreement. The Consultant shall not assign this Agreement without prior written consent of the City. SECTION 36 CONSULTANT'S PERSONNEL 36.1 The presence or duties of the Consultant's personnel at a work site, whether as onsite representatives or otherwise, do not make the Consultant or the Consultant's personnel in any way responsible for those duties that belong to the City and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health and safety precautions required by such construction work. The Consultant and the Consultant's personnel shall report to the City any health or safety deficiencies of the construction contractor(s) or other entity or any other person at the construction site that Consultant's personnel actually observe. SECTION 37 SEVERABILITY 37.1 If any provision of this Agreement or the application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid of unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. SECTION 38 ENTIRETY OF AGREEMENT 38.1. The City and the Consultant agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto with the same formality as this Agreement. Authorized City Representative's Initials: L Authorized Consultant Representative's Initials: 16 SECTION 39 THIRD PARTY BENEFICIARIES 39.1 It is expressly understood and agreed that the enforcement of these terms and conditions shall be reserved to City and Consultant and that there are no third party beneficiaries under this Agreement. SECTION 40 PUBLIC RECORDS 40.1 The CONSULTANT shall comply with all applicable requirements contained in the Florida Public Records Law (Chapter 119, Florida Statutes), including but not limited to any applicable provisions in Section 119.0701, Florida Statutes. To the extent that the CONSULTANT and this Agreement are subject to the requirements in Section 119.0701, Florida Statutes, the CONSULTANT shall; (a) keep and maintain public records required by the CITY to perform the services provided hereunder; (b) upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow public records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law for the duration of the tern of this Agreement and following completion of this Agreement if the CONSULTANT does not transfer the records to the CITY; and (d) upon completion of the Agreement, transfer, at no cost, to the CITY all public records in the possession of the CONSULTANT or keep and maintain public records required by the CITY to perform the service. If the CONSULTANT transfers all public records to the CITY upon completion of the Agreement, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the Agreement, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. If the CONSULTANT fails to comply with the requirements in this Section 40, the CITY may enforce these provisions in accordance with the terms of this Agreement. If the CONSULTANT fails to provide the public records to the CITY within a reasonable time, it may be subject to penalties under Section 119. 10, Florida Statutes. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONT'RACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE CONSULTANT SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS: THE CITY CLERK, MAURICIO BETANCUR, BY TELEPHONE (305/792-1703), E-MAIL (MBETANCUR@SIBFL.NET), OR MAIL (CITY OF SUNNY ISLES BEACH, OFFICE OF THE CITY CLERK, 18070 COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA 33160). SECTION 41 DISCRMINATORY VENDOR LIST 41.1 Pursuant to Section 287.134, Florida Statutes, an entity or affiliate who has been placed Authorized City Representative's Initials: -4�1 Authorized Consultant Representative's Initials: 17 on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perforin work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. By execution of this Agreement, CONSULTANT certifies that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. SECTION 42 PUBLIC ENTITY CRIMES 42.1 Pursuant to Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. By execution of this Agreement, CONSULTANT certifies that it has not been placed on the convicted vendor list as provided in Section 287.133, Florida Statutes. SECTION 43 SCRUTINIZED COMPANY 43.1 Pursuant to Section 287.135, Florida Statutes, CONSULTANT certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes and that it is not engaged in a boycott of Israel. 43.2 Pursuant to Section 287.135, in the event the Agreement is for one million dollars or more, CONSULTANT certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes; and CONSULTANT further certifies that it is not engaged in business operations in Cuba or Syria. 43.3 Pursuant to Section 287.135, Florida Statutes, CITY may, at the option of the City Commission, terminate this Agreement if CONSULTANT is found to have submitted a false certification as provided under subsection 287.135(5), Florida Statutes; has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel; has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or has been engaged in business operations in Cuba or Syria. Authorized City Representative's Initials:_- 18 Authorized Consultant Representative's Initlals:L SECTION 44 E -VERIFY. 44.1 Florida Statute 448.095 directs all public employers, uicluding municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Consultant enters into a contract with a subcontractor, the subcontractor must provide the Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Consultant is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Con§ultant during the contract term. Further, Consultant must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Consultant to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (littps://www.e- verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Consultant must retain the 1-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "H". REMAINDER OF PAGE LEFT INTENTIONALLY BLANK Authorized City Representative's Initials' —64� I R Authorized Consultant Representative's InitialsC--- IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the last signature date set forth below. W S:. CRAVENTHO �S N & ASSOCIATES, INC. By: Si ure its cc QPs4ci�� Print ATT 6y", 4 -CA Date: , Coity Clerk Authorized City Representative's Initials: -%C IL CITY OF SUNNY ISLES BEACH By: _ Z47�//4010V Christopher usso, City Manager Date: *J 2-3 a Z 20 APPROVED AS TO FORM AND LEGAL SUFFICIENCY 1- 9By: idward A. Dion, City Attorney Authorized Consultant Representative's Initials