HomeMy WebLinkAboutReso 2021-3157RESOLUTION NO. 2021 - 6
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A FIFTH
AMENDMENT TO THE AGREEMENT WITH CALVIN, GIORDANO
AND ASSOCIATES, INC. FOR PROFESSIONAL PLANNING AND
ZONING CONSULTING SERVICES, IN AN AMOUNT NOT TO EXCEED
ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR
TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City issued and advertised RFQ No. 16-12-01 for Professional Planning
and Zoning Consulting Services, including Civil and Traffic Engineering, and received two (2)
bids, and Calvin, Giordano, and Associates, Inc. represented to the City that it possessed the .
requisite qualifications, expertise and licenses to perform all necessary work in connection with
these Services; and
WHEREAS, on January 19th, 2017 via Resolution No. 2017-2654, the City Commission
awarded RFQ No. 16-12-01 to, and authorized the City Manager to negotiate and enter into an
Agreement with Calvin, Giordano, and Associates, Inc. for Professional Planning and Zoning
Consulting Services; and
WHEREAS, on June 15th, 2017 via Resolution No. 2017-2704, the City Commission
approved a First Amendment to the Agreement with Calvin, Giordano, and Associates, Inc. for
Professional Planning and Zoning Consulting Services, increasing the City Manager's spending
authority by an amount not to exceed $150,00.00; and
WHEREAS, on January 18th, 2018 via Resolution No. 2018-2780, the City Commission
approved a Second Amendment to the Agreement with Calvin, Giordano, and Associates, Inc.
for Professional Planning and Zoning Consulting Services, exercising its first option to renew of
which three (3) remain, in an amount not to exceed $141,299.50; and
WHEREAS, on January 17th, 2019 via Resolution No. 2019-2901, the City Commission
approved a Third Amendment to the Agreement with Calvin, Giordano, and Associates, Inc. for
Professional Planning and Zoning Consulting Services, in an amount not to exceed $150,000.00,
bringing the total contract amount not to exceed $501,299.50; and
WHEREAS, on November 21St, 2019 via Resolution No. 2019-3011, the City
Commission approved a Fourth Amendment to the Agreement with Calvin, Giordano, and
Associates, Inc. for Professional Planning and Zoning Consulting Services, in an amount not to
exceed $198,700.80, bringing the total contract amount not to exceed $700,000.30; and
WHEREAS, the City Commission now wishes to exercise its fourth and final option to
renew, and approve a Fifth Amendment to the Agreement with Calvin, Giordano, and
Associates, Inc. for Professional Planning and Zoning Consulting Services, in an amount not to
exceed One Hundred Fifty Thousand Dollars ($150,000.00), attached hereto as Exhibit "A",
bringing the total contract amount not to exceed Eight Hundred Fifty Thousand Dollars and
Thirty Cents ($850,000.30).
R2021 Fifth Amend to CGA Plan and Zon Consult Srvs Renew Page 1 of 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Fifth Amendment. The City Commission hereby approves a Fifth
Amendment to the Agreement with Calvin, Giordano, and Associates, Inc. for Professional
Planning and Zoning Consulting Services for a fourth and final year, in an amount not to exceed
One Hundred Fifty Thousand Dollars ($150,000.00), attached hereto as Exhibit "A", bringing the
total contract amount not to exceed Eight Hundred Fifty Thousand Dollars and Thirty Cents
($850,000.30).
Section 2. Authorization of Mayor. The Mayor is authorized to execute said Fourth
Amendment.
Section 3. Authorization of Cil. Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 21St day f Ja uary 2021.
George H. Scholl, Mayor
APPROVED AS TO FORM
AND LE L UFFICIENCY:
ward A. Dion, City Attorney
Vote:
Mayor Scholl
Vice Mayor Svechin
Commissioner Goldman
Commissioner Lama
Commissioner Viscarra
/(Yes)
(Yes)
(Yes)
Y(Yes)
Yes)
(No)
(No)
(No)
(No)
(No)
82021 Fifth Amend to CGA Plan and Zon Consult Srvs Renew Page 2 of 2
Coversheet
Q� SyNN Y /stF�R
City of Sunny Isles Beach
°n 18070 Collins Avenue
Sunny Isles Beach, Florida 33160
i v� -P,pP (305)947-0606 City Hall
FSO yo(305) 949.3113 Fax
Ty O• SVN F
MEMORANDUM
TO:
The Honorable Mayor and City Commission
VIA:
Christopher J. Russo, City Manager
FROM:
Claudia C. Hasbun, AICP, Planning and Zoning Director
DATE:
1/21/2021
RE:
Fourth Option to Renew Planning and Zoning Services
with Calvin, Giordano and Associates, Inc.
RECOMMENDATION:
This Resolution is recommended for approval.
REASONS:
Calvin, Giordano and Associates, Inc. pursuant to Resolution No.
2017-2654 adopted on January 19, 2017 was awarded with the RFQ
No. 16-12-01 for Professional Planning, Zoning, Civil, Traffic, and
Engineering Consulting Services. This amendment is presented to
enter into the Fourth and last renewal option for the amount not to
exceed $150,000.00 bringing the total contract amount to
$850,000.30. In addition, a percentage of this contract is part of cost
recovery services such as plan review and site plan reviews.
FUNDING SOURCE:
001-0-0000-220300-00000 -Zoning Deposits
001-4-5241-431000-00000 - Planning & Zoning Professional Services
400-5-5380-431000-00000 - NPDES
110-5-5410-431000-00000 - PW Engineering Plan Reviews
ATTACHMENTS:
Description
Resolution
Fifth Amendment
Page 1 of 1
Item Number: 10.D.
https://sunnyisles.novusagenda.com/agendapublic//CoverSheet. aspx?ItemID=2907&Meetin... 2/2/2021
FIFTH AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND
CALVIN, GIORDANO & ASSOCIATES, INC.
CONTRACT NO. C0312-1617-026
This Fifth Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH and
CALVIN, GIORDANO & ASSOCIATES, INC, ("Consultant") executed this2Z10day of
t•IeJY�2�-i , 2021, is made a part of the original Agreement between the parties dated
February 2, 2017, Contract No. C0312-1617-026 ("the Agreement"), between the City and Consultant
attached hereto as Attachment "A" whose Federal Identification M is 65-0013869. The City and
Consultant hereby agree as follows:
1. TERM RENEWAL. The City hereby wishes to exercise its fourth option to renew the
Agreement for one (1) year in accordance with Section 3 of the original Agreement, incorporated herein
by reference. The original Agreement was entered into on February, 2, 2017. The renewal term shall
commence on February 1, 2021 and terminate no later than January 31, 2022. Thereafter, there will be
no renewal terms remaining.
2. ADDITIONAL COMPENSATION. Effective February 1, 2021, the Parties wish to amend
Section 4 of the original Agreement ("Compensation") to include additional compensation for
continuing Set -vices during February 2021 through January 2022 in an amount not to exceed One
Hundred and Fifty Thousand Dollars ($150,000.00), bringing the total contract amount inclusive of
compensation herein to Eight I -hundred Fifty Thousand Dollars and Thirty Cents ($850,000.30).
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terns and conditions of the original Agreement between the parties dated February 2, 2017 and
amendments thereto shall remain in hull force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, and provisions
containecl in this Fifth Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent term, statement, requirement or provision contained in any other document or
attachment, including but not limited to Attachment "A".
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
[SIGNATUR.E PAGE TO FOLLOW
WITNESS:
i ure
,AY,clig. Va
Print Na�/ I
A'
BY:
Mauri io ctan ur, CMC, City Clerk
CALVIN, GIORDANO & ASSOCIATES, INC
CALVIN, GIORDANO &
ASSOCIATES, INC
BY:
Chris Giordano, Vice President
CITYOF Y ISLES BEACH
BY:
George H. Scholl, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: DD— I,'/
- ✓Edward A. Dion, City Attorney
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
V AND CALVIN, GIORDANO & ASSOCIATES, INC.
/ CONTRACT NO. C0312-1617-026
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement")
is made in duplicate, this 'Zab day ofFES �, 2017, by and between the
CITY OF SUNNY ISLES BEACH, Florida, (hereinaft r referred to as "City"), and CALVIN,
GIORDANO AND ASSOCIATES, INC., a corporation authorized to do business in the State
of Florida (hereinafter referred to as•"Consultant") whose Federal I.D. # is 65-0013869.
RECITALS
WHEREAS, the City is in need of a consultant to provide professional planning and
zoning consulting services, including civil and traffic engineering on an as needed basis
("Services"); and
WHEREAS, the Consultant represents to the City that it possesses the requisite
qualifications, expertise and licenses to perform all necessary Nvork in connection with Services;
and
WHEREAS, Consultant has expressed the ability and desire to provide these Services, as
more particularly described in RFQ No. 16-12-01 which is attached hereto as Attaclunent'B"
and incorporated herein by reference, subjecrto the terms and conditions contained herein; and
WHEREAS, the City desires to enter into an Agreement with Consultant to provide the
Services in a total amount not to exceed Sixty Thousand Dollars ($60,000.00).
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECITALS: The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. SERVICES. Consultant shall provide Services as more particularly described in RFQ
No. 16-12-01, which is attached hereto and made a part hereof as Attachment "B".
3. TERM, Subject to the provisions relating to the termination of this Agreement as set
forth .in Section 8 hereunder, this Agreement shall begin on February 1, 2017 and shall terminate
no later than one (1) year thereafter. The parties shall have the option to extend this Agreement
for four (4) additional one (1) year renewal terms, based upon the City's exercise of these renewal
periods. I ,
4. COMPENSATION. As the entire compensation under this Agreement and during the
terms of this Agreement, in whatever capacity rendered, the City shall pay Consultant an amount
not to exceed Sixty Thousand Dollars ($60,000.00) for the performance of the stated Services.
Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with
this Agreement and the schedule of charges reflected in Attachinent "A", and under the following
conditions:
C0312-1617.026—Calvin, Giordano& Associates, Inc. I
Attachment "A"
'City of Sunny Islei Beach 18070 Collins Avenue, Suruiy Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
a. Disbursements. There are reimbursable expenses associated with this contract in
an amount not to exceed Eight Hundred Dollars ($800.00), which is included in
the not to exceed Compensation amount of Sixty Thousand Dollars ($60,000.00).
However; no additional reimbursable expenses are authorized without the express
written approval in advance from the City Manager or his designee.
b. Payment Schedule. Invoices received from the Consultant pursuant to this
Agreement will be reviewed by the initiating City Department. If Services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Final Invoice. In order for both parties herein to close their books and records,
the Consultant will clearly state "final invoice" on the Consultant's final/last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any other additional charges, if not properly included on this
final invoice, are waived by the Consultant.
Consultant shall make no other charges to, the City for supplies, labor, taxes, licenses;
permits, overhead or any other expenses or costs unless any such expense or cost is incurred by
Consultant with the prior written approval of the City. if the City disputes any charges on the
invoices, it may make payment of the uncontested amounts and withhold payment' on the
contested amounts until they are resolved by agreement with Consultant.
Consultant shall not pledge the City's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this Agreement.
5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Consultant
an employee, partner, agent, shareholder, 'officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been
undertaken by the City. Consultant shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible
for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
C0312-1617-026—Calvin, Giordano& Associates; Inc. SIB
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-31 13 Fax
Consultant, other than those set forth in this Agreement. Consultant shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties under
this Agreement.
6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
the Consultant pursuant to this Agreement and related Services to this Agreement are intended
and represented for the ownership of the City only. Any other use by Consultant or other parties
shall be approved in writing by the City, If requested, Consultant shall deliver the documents to
the City within fifteen (15) calendar days.
7. INSURANCE. Consultant shall, at its sole cost and expense, daring 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:
0 Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars aggregate during the initial and any renewal term of this
Agreement.
Q. Workers Compensation and employer's liability coverage, as required pursuant
to Florida law.
❑ Umbrella insurance shall be required to purchase, maintain, and keep in full force,
effect, and in good standing above the primary liability policies required herein.
The limit shall not be less than One Million Dollars ($1,000,000.00) per
occurrence and annual aggregate per occurrence during the initial and any renewal
term of this Agreement. '
❑ Professional Liability Insurance including Errors and Omissions with minimum
limits of One Million Dollars ($1,000,000.00) per occurrence.
Insurance required of the Consultant shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City, Such insurance shall not diminish Consultant's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A -Excellent. Before any work tinder this Agreement is
performed, and at any time upon request, Consultant shall furnish to the City certificates
of insurance evidencing the minimum required coverage and shall be appropriately
endorsed for contractual liability, with the City named as additional insured. All policies
shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms
and issued by insurance companies acceptable to the City Manager or his designee. All insurance
policies and certificates of insurance shall provide that the policies may not be canceled or altered
without thirty (30) days prior written notice to the City. The City reserves the right from time to
✓ SIB
C0312-1617-026—Colvin, Giordano& Associates, Inc.
"City of Sunny Isies'Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
time to change the insurance coverage and limits of liability required to be maintained by
Consultant hereunder. Consultant shall also require and ensure that each of its sub -Consultants
providing services hereunder (if any) procures and maintains, until the completion of the services,
insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE
INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN
WRITING BY THE CITY.
S. 'TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Consultant shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Consultant of its violation of the
particular terms of the Agreement and grant Consultant ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Consultant in an
amount equal to the actual cost of a third party to cure such failure. If Consultant
fails, refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Consultant shall be delivered to the City and
the City shall compensate the Consultant for all Services satisfactorily
performed prior to the date of termination, as provided in Paragraph 4 herein.
(ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Consultant and the City may reasonably withhold payment to Consultant
for the purposes of set-off until such time as the exact amount of damages due
the City from the Consultant is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Consultant ten (10) days written notice. The terms of Paragraph 8 A(i)
and A(ii) above shall be applicable hereunder,
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Consultant is placed either in
voluntary or involuntary bankruptcy or makes any assiglUtient for the benefit of
creditors.
9. BACKGROUND CHECKS. A criminal background check will be required for any
employee of the Consultant performing Services under this Agreement. The Consultant shall be
required to perform the. criminal background check at their own sole cost and expense through
the City. The Consultant shall ensure that only their properly designated employees listed with
C0312-1617.026 — Calvin, Giordano & Associates, Inc. 8
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3 1 13 Fax
the City Manager be permitted to perform Services. In the event the designated employees are
removed by the Consultant, the Consultant shall immediately notify the City Manager or his
designee, Additionally, identification cards will be provided by the City at the Consultant's sole
cost and expense. Consultant shall ensure that all designated employees wear the City's provided
identification cards while performing Services.
10. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement
shall be governed by, construed and enforced in accordance with the laws of the State of Florida.
Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes
necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and
the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the
pretrial, trial and appellate levels.
11. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term
of this Agreement or any time for a period of ten (10) years subsequent to that date upon which
the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Consultant under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Consultant of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any other
remedies available to it at law or in equity, to enjoin the Consultant from violating such
provisions.
12. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or
registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service), addressed to such party as follows:
If to the City:
Christopher J. Russo
With a copy to:
City Manager
Hans Ottinot
City of Sunny Isles Beach
City Attorney
18070 Collins Avenue, 4t1i Floor
City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160
18070 Collins Avenue, 4t1i Floor
Tel: (305) 792-1701
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1702
If to the
Shelley Eichner
Consultant:
Principal In -Charge
Calvin, Giordano & Associates, Inc.
1800 Eller Drive, Suite 600
Fort Lauderdale, FL 33316
Tel: (954) 921-7781
SEichner@cgasolLitions.com
00312.1617-026 -- Calvin, Giordano & Associates, Inc.
City of Seinny Isles bench 1$070 Collins Avenue, Sunny Isles Beach; Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
13. 'UBLIC RECORDS. The, Consultant 4hall be required to comply with the folh�wing
requirements under Florida's Public Records Law:
(i.) Consultant shall keep gild maintain public record;, required by the City to perforin
the service.
(ii.) Upon request from the, City, Consultant shall provide the City with a copy of the
requested records or allow the records to be inspec=ted or copied within a reasc)nable time at a cost
that doer not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law.
(iii.) Consultant shall ensure that public records that are exempt or confidentikii and
exempt from public records disclosure requirements are not disclosed except as authorized E>y law
for the duration of the contract terra and following completion of the contract if the Consultant
does not transfer the rtcords to the OtY•
(iv.) Consultant shall, upon completion of the contract, transfer, at no cost, to the City
all public- records in possession of the Consultant 4r keep and maintain public records requited by
the City to perform the service. If the Consultant transfers all public reconis to the City upon
completion of the contract, the Copsultant shall destroy any duplicate public records that are
exempt ()r confidential and exempt from public rec=ords disclosure requirements. If the Consultant
keeps and maintains public records tipon completion of the contract, the Consultant shall meet all
applicable requirements for retaini-rig public reccirds. All records stored electronically mpst be
provided by Consultant to the City, upon request from the Ci(Y, in a format that is compatible
with the information te=chnology systems of the City.
IF VIE CONSULTANT HAS (?UESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATU'R'ES, TO THE
CONSULTANT'S DUTY TO PROVIAE PUBLIC- RECORI)S RELA'T'ING
TO T14IS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (;305) 792-1'103, CityCMerk@sibfl.net, 18070 Collins Avt nue,
4"' Flour, Sunny I51es Beach, Florida 33160.
14. AUDIT. The (;onsultant shrill make available to the City or its representative all required
financial records assoc=iated with the' Agreement for a period of Three (3) years.
15. r4ON-DISCRIMINATION• The Consultant agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Aet of 1984 as emended, Tido VIII
of the Civil Rights Act: of 1968 as arhended, Title t of the Housing and Comillunity Development
Act of 1974 as amen(jed, Section 304 of the Rehabilitation Act of 1973, the Americana with
Disabilities Act of 19S)0, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders l 137h and 12086.
The Consultant will not discriminate, against any amployee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, elisability or other handicap, age,
rnarital/farnilial status, or status with regard to public assistance. The Consultant will take
affirmative action to irisure that all employment practices are free from such discrimination. Such
employroent practices include but are not limited to the following: hiring, upgrading, demotion,
C0312-1617-026—Colvin, Giordano & Associntes, Inc, S I B
City-ofSwihy lsles'Beach ' 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The Consultant agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be
provided by the City setting forth the provisions of this non-discrimination clause. The
Consultant agrees to comply with any Federal regulations issued pursuant to compliance with
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination
against the handicapped in any Federally assisted program.
16. CONFLICT OF INTEREST, The Consultant agrees to adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the
City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly which should conflict in any manner or degree with the performance of the
Services. The Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall knowingly be employed by the Consultant. The Consultant
guarantees that he/she has not offered or given to any member of, delegate to the Congress of the
United States, any or pant of this contract or to any benefit arising therefrom.
17. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against all claims, damages,
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings) relating to, arising out of or resulting from the Consultant's negligent acts,
errors, mistakes or omissions relating to professional services in the performance of this
Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or -expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including loss of use resulting therefrom,
caused by any negligent acts, errors, mistakes or omissions related to professional services in the
performance of this Agreement including any person for whose acts, errors, mistakes or omissions
the Consultant may be legally liable. The parties agree that One Hundred Dollars ($100.00)
represents specific consideration to the Consultant for the indemnification set forth in this
Agreement.
18, COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
19. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede any other conflicting provisions that are contained in any other document, including
but not limited to Attachments "A" and "B". 1f there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, including but not limited
C0312-1617.026—Calvin, Giordano & Associates, Inc.
Cityof Suirity AW'Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
to Attachments `'A" and "B", or any other document or events referred to herein, or otherwise
incorporated by reference; the term, statement, requirement, or provision contained in this
Agreement shall prevail and be given superior effect and priority
20. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall
nevertheless be binding upon the parties with the same effect as though the void or unenforceable
provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
(Reruaindei• of page intentionally left blank.l
00312-1617.026 - Calvin, Giordano & Associates, Inc.
City of Sunny Islas Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606. phorie (305) 949=3113 Fax
IN WITNESS WHEREOF, , the parties hereto have executed this Agreement in triplicate
on -the dayghd year first written above.
WITNESS:
40,
Signature
L�)V) s
Print Name
T",
BY.
Jane A. Hi
. !rX
CALVIN, GIORDANO &
ASSOCIATES, INC,
By:,
9h4ky-EriohnoF14rinciptil In -Charge.
lDenv%is. 6'&0-•+A"V%0
CITY QIVSUNNY ISLES BEACH
EM
City Clerk GeorgeH- Scholl, May6i
APPROVED A TIFORM
AND LPQ LIEN(
m
9
C0312-1617.026—Calvin, Giordano & Associates, Inc.
Attordey
420 Calvin, Giordano & Associates, Inc.
EXCEP T IONAL SOL U1 IONS1M
Building Cade Services
Coastal Engineering
Code Enforcement
Construction Engineering
and Inspection
Construction Services
Contract Government
Data Technologies
and Development
Emergency Management
services
Engineering
Environmental Services
Facilities Management
Indoor Air Duality
Landscape Archileclure
Municipal Engineering
Planning
Public Administration
Redevelopment
and Urban Design
Surroying and Mapping
Trallic Engineering
Transportation Planning
GSA Contract Holder
1800 Eller Drive
Suite 600
Fort Lauderdale, FLs
33316
954.921.7781 phone
954.921.8807 fax
wtvw.cgosolultons,com
PROFESSIONAL FEE SCHEDULE
Principal 21500 LANDSCAPE ARCHITECT
Contract Administrator
190.00
Associate, Landscape Architect
Project Administrator
165.00
Senior Landscape Architect
Executive Assistant/Clerical
75.00
Environmental Administrator
Landscape Architect
ENGINEERING
Environmental Specialist
Associate, Engineering (VI)
190.00
Landscape CADD Technician
Director, Engineering (V)
175.00
Environmental Assistant
Project Manager (IV)
150.00
Landscape Inspector/Arborist
Project Engineer(III)
130.00
Landscape Designer
Engineer (11)
110.00
Landscape Site Plan Reviewer
Jr. Engineer (1)
100.00
Senior CADD Tech Manager
115.00
INDOOR AIR QUALITY SERVICES
CADDTechnician
95,00
Sr. Environmental Scientist
Permit Administrator
90.00
Environmental Scientist
DATA TECH DEVELOPMENT
Associate, Data Tech Dev.
GIS Coordinator
GISSpecialist
Multi -Media 3D Developer
GIS Technician
Sr. Applications Developer
Applications Developer
Network Administrator
System Support Specialist
IT Support Specialist
GOVERNMENTAL SERVICES
Associate, VP
Director of Code Enforcement
Director of Building Code
Project Manager
Grants Administrator
Code Enforcement Field Supervisor
Code Enforcement Field Inspector
Building Official
Building Plans Reviewer
Building Inspector
Permit Processor
SURVEYING
Associate, Surveying
Senior Registered Surveyor
Survey Crew
Registered Surveyor
Survey Coordinator
CADD Technician
3D Laser Scanner
Hydrographic Survey Crew
G.P.S. Survey Crew
Sub -meter G.P.S
Soft Dig (per hole)
Utility Locates (per hour)
165.00
145.00
125.00
115.00
100.00
165.00
135.00
155.00
115.00
85.00
190.00
145.00
145.00
145.00
125.00
110.00
90.00
115.00
90.00
90.00
75.00
165.00
145.00
135.00
130.00
105.00
95.00
355.00
330.00
155.00
75.00
480.00
205.00
CONSTRUCTION
Associate, Construction
Construction Management Director
Construction Manager
Senior Inspector
Inspector
Construction Coordinator
EMERGENCY MANAGEMENT
Director
Planner
Assistant Planner
PLANNING
Associate, Planning
Director of Planning
Planning Administrator
Planning Manager
Senior Planner
Assistant Planner
EXPERT WITNESS
Principal/Associate
Registered Engineer/Surveyor
.Project Engineer
In addition to the hourly rates listed
above, charges will Include direct
out-of-pocket expenses such as
reproduction, overnight mail, and
other reimbursables billed at a
multiplier o/ 1.25.
FORT LAUDERDALE WEST PADA BEACII PORT SL LUCIE HOMESTEAD TAiAPA/CLEAAWATER
ATTACHMENT "A"
165.00
135.00
125.00
120.00
105.00
95.00
90.00
105.00.
120.00
135.00
125.00
100.00
165.00
135.00
125.00
100.00
90.00
90.00
145.00
105.00
90.00
175.00
150.00
150.00
145.00
125.00
90.00
330.00
28D.00
230.00
Effective October 1. 2014
JACKSOHMLLE ATLAIITA 6.`Is