HomeMy WebLinkAboutReso 2021-3159RESOLUTION NO. 2021 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING A SIXTH AMENDMENT TO THE
AGREEMENT WITH O'LEARY RICHARDS DESIGN ASSOCIATES, INC.
FOR A FOURTH AND FINAL RENEWAL TERM, IN A TOTAL AMOUNT
NOT TO EXCEED SEVENTY-SEVEN THOUSAND DOLLARS ($77,000.00),
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, on September 15, 2016 via Resolution No. 2016-2590, the City
Commission authorized the City Manager to negotiate an agreement with the top ranked firm of
O'Leary Richards Design Associates, Inc. and then with the next ranked firms, should
negotiations with O'Leary Richards Design Associates be unsuccessful; and
WHEREAS, on December 15, 2016 via Resolution No. 2016-2644, the City Commission
approved an agreement with O'Leary Richards Design Associates, Inc. in an amount not to
exceed $65,000.00 to provide landscape architect services for a period of one (1) year with four
(4) additional one (1) year renewal options; and
WHEREAS, on October 19th, 2017 via Resolution No. 2017-2749, the City Commission
approved a First Amendment to the Agreement with O'Leary Richards Design Associates, Inc.
for additional professional landscape architect services, in a total amount not to exceed
$63,443.72, bringing the total contract amount not to exceed $128,443.72; and
WHEREAS, on January 18th, 2018 via Resolution No. 2018-2778, the City Commission
exercised its first option to renew the Agreement and approved a Second Amendment to the
Agreement with O'Leary Richards Design Associates, Inc. in an amount not to exceed
$84,400.00, bringing the total contract amount not to exceed $212,843.72; and
WHEREAS, on January 17th, 2019 via Resolution No. 2019-2900, the City Commission
exercised its second option to renew the Agreement and approved a Third Amendment to the
Agreement with O'Leary Richards Design Associates, Inc. in an amount not to exceed
$120,000.00, bringing the total contract amount not to exceed $332,843.72
WHEREAS, on January 16th, 2020 via Resolution No. 2020-3028, the City Commission
exercised its third option to renew the Agreement and approved a Fourth Amendment to the
Agreement with O'Leary Richards Design Associates, Inc. in an amount not to exceed
$65,000.00, bringing the total contract amount not to exceed $397,843.72; and
WHEREAS, on July 16th, 2020 via Resolution No. 2020-3087, the City Commission
approved a Fifth Amendment to the Agreement with O'Leary Richards Design Associates, Inc. in
an amount not to exceed $99,776.00 for services related to the "Meditation Garden", bringing the
total contract amount not to exceed $497,619.72; and
WHEREAS, the City Commission now wishes to approve a Sixth Amendment to the
Agreement with O'Leary Richards Design Associates, Inc., for its fourth and final option to
renew in a total amount not to exceed Seventy -Seven Thousand Dollars ($77,000.00), attached
R2021 Sixth Amend To Oleary Richards Agmt Page 1 of 2
hereto as Exhibit "A", bringing the total contract amount not to exceed Five Hundred Seventy -
Four Thousand Six Hundred Nineteen Dollars and Seventy -Two Cents ($574,619.72).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Sixth Amendment. The City Commission hereby approves the Sixth
Amendment to the Agreement with O'Leary Richards Design Associates, Inc., to exercise its
fourth and final option to renew the Agreement, in a total amount not to exceed Seventy -Seven
Thousand Dollars ($77,000.00), attached hereto as Exhibit "A", bringing the total contract
amount not to exceed Five Hundred Seventy -Four Thousand Six Hundred Nineteen Dollars and
Seventy -Two Cents ($574,619.72).
Section 2. Authorization of Maw The Mayor is hereby authorized to execute said
Amendment to the Agreement.
Section 3. 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.
PASSED AND ADOPTED this 21St day of January 2021.
George H. Scholl, Mayor
APPROOVV�AS TO FORM
AND GAL UFFICIENCY:
guard A. E ion, City
�4ovedby�i"),WL-,C—sl-pgz4w.wwseconded by: ow;�a
Vote:
Mayor Scholl✓/(Yes) (No)
Vice Mayor Svechin � (Yes) (No)
Commissioner Goldman (Yes) (No)
Commissioner Lama Yes) (No)
Commissioner Viscarra V Yes) (No)
R2021 Sixth Amend To Olcary Richards Agmt Page 2 of 2
Coversheet
MEMORANDUM
TO:
The Honorable Mayor and City Commission
S�µNY+SCF
r��
City of Sunny Isles Beach
a�
Susan Simpson, Assistant City Manager
n
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
RE:
Agreement with O'Leary Richards Design Associates,
`ap .
(305) 947-0606 City Hall
F FLOaFaus
(305)949-3113 Fax
J< SVN
MEMORANDUM
TO:
The Honorable Mayor and City Commission
VIA:
Christopher J. Russo, City Manager
FROM:
Susan Simpson, Assistant City Manager
DATE:
1/21/2021
Resolution Approving the 6th Amendment to the
RE:
Agreement with O'Leary Richards Design Associates,
Inc. for Landscape Architect Services
RECOMMENDATION:
This item is presented for your consideration and approval is
recommended.
REASONS:
Through Request for Qualifications 16-06-02, the City entered into an
agreement with O'Leary Richards Design Associates, Inc (ORDA) for
Landscape Architect Services. These services have included design
services, inspection services, and plan review services. ORDA has
provided quality service and as such, the original agreement has been
renewed each year.
The City wishes to continue to utilize the services of ORDA for this
final renewal and therefore requests the 6th amendment to renew the
agreement for one more year and increase the spending authority by
$77,000 bringing the total contract to an amount not to exceed of
$574,619.72.
FUNDING SOURCE:
Funding is budgeted for and available in various Capital, Parks, Public
Works and Zoning line items to cover this amount.
ATTACHMENTS:
Description
Resolution
Sixth Amendment
Page 1 of 1
Item Number: 10.F.
https:Hsunnyisles. novusagenda.com/agendapublic//CoverSheet. aspx?ItemID=2908&Meetin... 2/2/2021
SUNNY 1SFJ
. 8F
SIXTH AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND O'LEARY RICHARDS
DESIGN ASSOCIATES, INC.
C,TY 'NO yE
UG 5Uµ
CONTRACT NO. 2902-016
This Sixth Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
( ) and O'LEARY RICHARDS DESIGN ASSOCIATES, INC. ("Consultant") executed this
day of ��1� , 2021, is made a part of the original Agreement ("Agreement") dated
February 6, 2017, between the City and Consultant, a copy of which attached hereto as Attachment "A",
as amended, whose Federal Identification # is 03-0493187. The City and Consultant hereby agree as
follows:
1. OPTION TO RENEW. 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. There will be no remaining renewal terms.
2. ADDITIONAL COMPENSATION. The City wishes to amend Section 5 of the Agreement
("Compensation"); to provide additional compensation for this one (1) year renewal term in an amount
not to exceed Seventy -Seven Thousand Dollars ($77,000.00). This additional compensation shall be
invoiced in accordance with the hourly rate schedule attached hereto as Attachment "B." This amount will
bring the total contract amount not to exceed Five Hundred Seventy -Four Thousand Six Hundred
Nineteen Dollars and Seventy -Two Cents ($574,619.72).
3. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES.
Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the Scrutinized
Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors
must certify that the company is not participating in a boycott of Israel. Any contract for goods or services
of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered
that the entity submitted false documents of certification, is listed on the Scrutinized Companies with
Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or has been engaged in business operations in Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the
company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of
Israel. Contractors must submit the certification that is attached to this agreement as Attachment "C".
Submitting a false certification shall be deemed a material breach of contract. The City shall provide
notice, in writing, to the Contractor of the City's determination concerning the false certification. The
Contractor shall have ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's
determination of false certification was made in error, then the City shall have the right to terminate the
contract and seek civil remedies pursuant to Florida Statute Section 287.135.
4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties, dated February 6, 2017, and attached
hereto as Attachment "A", shall remain in full force and effect.
5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained
in this Sixth Amendment shall prevail and be given superior effect and priority over any conflicting or
inconsistent terms, statements, requirements or provisions contained in any other document or attachment,
including but not limited to Attachments "A," "B" and "C."
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
[SIGNATURE PAGE TO FOLLOW]
WITNESS:
Signature
N
`< )vv-, vV -'R 1 bFi ftflS
Print NameIii ATTEST
, CMC, City Clerk
O'LEARY RICHARDS DESIGN
ASSOCIATES, INC.
CITY OF UN ISLES BEACH
BY:
George H. Scholl, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
C/ ward A. Dion, City Attorney
Attachment "A"
Original Agreement
I
O I�
s AGREEMENT BETWEEN IHF, CITY OF' SUIM ISLES BEACH AND
O'LEARY RICHIA DESIGN ASSOCIATES. INC.
CONTRACT NO. C2902-161=
THTS CONTRACT tL ACREEM NT (hereinafter rafatxau to as the "Agreement'
is made in duplicate, this day of - 20 Mby and between the CITY
OF SI NY ISLES BD+ CX Florida, (hereinafter feferred to as "City"), and O'LRARY
RICHARDS DESIGN ASSOCIATES, INC., a corporation authorized to do business in the
State of Florida (hereinafter referred to as "Consultant") whose Federal I.D. # is
RECITM% Q
WHEREAS, the City issued request for Qualifications C RFQ'I No. 16.06-02 for landscape
architect services ("Services"); and
WHEREAS, the Consultant represents to the City that it possesses the requisite
qualifications, expertise and licenses to perform all necessary work in conneolion with Services;
and
WHEREAS, Consultant has expressed the ability and desire to provide these Services
subjectio the terms and conditions contained herein and RFQ No, 16-06-02, which is incorporated
hesain by reference; and
WIIMAS, the City desires to contract with Consultant to provide the Services, as more
fully doseribed in Attachment "A" which is attached hereto; and
WIE R HAS, the City desires to enter into an Agreement with Consultant to provide the
Services in a total amount not to exceed Sixty Five Thousand Dollars ($65,000.00).
NOW THEREFOPJ, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows;
1. CIT ,L& The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. AjAyICEI Consultant agrees to furnish all labor and materials in a good
workmanlike and professional manner and to perform the Services, The Services shall be
performed by Consultant to the full satisfaction of the City. Consultant agrees to have a qualified
representative to audit and inspeot the Services provided on a regular basis to ensure all Services
are being performed in accordance with the City's needs and pursuant to the terms of this
Agreement, and shall report to the City accordingly. Consultant agrees to immediately inform
the City via telephone and in writing of any problems that could cattle damage to the City's
property, improvements and.persons. Consultant will require its employees to perform their work
in a manner befitting the type and scope of work to be perforated. In the event that the Consultant
fails to complete the Services pursuant to the terms of this contract and City must undertake the
completion of performance oa Services, Consultant agrees to indemnify the City for all costs
incurred with respect to the eorApletion of those Services and any damages the City may suffer as
a result of the Consultant's failure to perform. the Services.
C290t-1617-00-O'Leary Rlchardsbeelp Associates, Inc.
ATTAcEMENT "A"
City ofsanny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
3. luff, Subject to the provisions relating to the termination of this Agreement asset
forth in Section 9 hereunder, the term of this Agreement shall commence upon the execution of
this Agreement by both parties and shall terminate no later than one (1) year thereafter. Consultant
aciotowledges brat compliance with the conunencoment and completion schedule is the essence
of this Agreement. The terms of Sections 16 and 17 entitled "Indemnification and Waiver of
Liability" and "Compliance with Law" respectively, shall survive termination of this Agreement.
4, RENEWAL. 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 COMPENSATION. As the entire compensation during the initial one (1) year term,
as well as during any subsequent renewal term(s), in whatever capacity rendered, the City shall
pay Consultant an amount not to exceed Sixty Five Thousand Dollars ($65,000.00). Payment to
Consultant for all charges and tasks under this Agreement shall be In accordance with this
Agreement and the schedule of charges reflected in Attachment "A", which fee shall be disbursed
on a monthly basis and under the following conditions;
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 eontract'number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act. The City will pay properly submitted Contractor invoices
within 30 (thirty) days of receipt, for completed and accepted deliveries or
specified services and/or goods, unless the City notifies the Contractor in writing
of the dispute, before the payment is due.
Availability of Funds. The City's performance and obligation to pay under this
Agreement during the initial or any subsequent renewal term is contingent upon
an annual appropriation for its purpose by the City Commission.
hirral Invoice. In order for both parties herein to close their boots and records,
the Consultant will clearly state `''final iaypiic " 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 accorurt will
thereupon, be closed, any other additionalcharges, 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
■IYIII Ii IIiI1TY/11 YI�II�IA - RIIA�IiI�OYlIMm/III�Yr I B
02902-160.0t9.O'Leary Richards Design Associatos, In% ��WiYYY 111
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
furthek warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this Agreement.
6. INDEPENDENT CONTRACTOR RELATIMHE 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 ox shall have been
undertaken by the City. Consultant shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be, responsible
for any expense Incurred by the Consultant. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Consultant, other than those sot forth in this Agreement. Consultant shall £umish its own
transportation, office and other supplies as it determines necessary in carrying out its duties under
this Agreement.
7. 4VTI,E 81119—OP ROCUMBELS AND ROPIPIVIEn All documents prepared by
the Consultant pursuant to this Agreement and related Services to this Agreement are intended
and represented fox 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.
S. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any
work- being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Consultant against all loss, claims, datnage and
liabilities caused by Consultant, its agents or employees, as indicated below:
Gi Comprehensive General liability insurance, including broad form contractual
liability coverage for all opexations, 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.
t7 Umbrella Liability Insurance shall be required to purchase, maintain, and keep in
full force, effect, and good standing above the primary commercial general
Liability, automobile liability, and employers' liability policies required herein.
The limit shall nct be less than One Million Dollars ($1,000,000.00) per
occurrence and annual aggregate per occurrence during the initial and any renewal
term.
Worker's Compensation and employer's liability coverage, as required pursuant
to Florida law.
Cl 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
. 3
I
C2902-1617-019 - O'Leary Richards Design Associates, Inc.
city 01rnny Isles Beetch 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949.3113 Fax
��rAnMnon�lro+.� into � ,
the State of Florida and acceptable to the City with a minimum A.M. Best rating
of A -Excellent, Before any work under this Agreement is performed, and at
any time upon request, Consultant shall furnish to the City certificates of
insurance evidencing the minimum required covaraga and shall be
appropriately endorsed for contractual liability, with the City framed as
additional insured. All policies shall contain a waiver of subrogation
endorsement. All policies and certificates shall be in forms and issued by
insurance companies acceptable to the City Manager or his designee. All
insurance policies and certificates of insurance shall provide that the policies may
not be canceled or altered without thirty (30) days prior written notice to the City,
Consultant shall also require and ensure that each of its sub -contractors providing
services hereunder (if arty) procures and maintains, until the completion of the
services, insurance of the types and'to the limits specified herein. ANY
EXCEPTIONS TO THE INSURANCE MiQUIREMENTS IN THIS
SECTION MUST BE APPROVED IN WRITING BY THE CITY.
TERMINATION AND REMEDIE_STOR 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 retraining to be performed. prior to the exercise of its option to
terminate for cause, the City shall notify the Consuitant 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 prepamd 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 5 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.
Termination for Convenience of Clty. 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 9A(i)
and A(b) above shall be applicable hereunder.
M902-1617-019- O'Leary Richards Design Associates, [no. SIB
Cfly of Sunny Isles Bench 18070 Collins Avenue, Sunny Was Beach, Florida 33160
(305) 947.0606 phone (305) 949.3113 Fax
C. Termination for Insolvency, The City also reserves the right to terminate the
remaining Services to be performed in the event the Consultant is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
10, liACitGROilND c%iCM... A criminal background oheok 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 Clay, The Consultant shall ensure that only their properly designated employees listed with
the City Manager be permitted to perform Services. In the event the designated employees ate
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.
1 L GO'VERNINS .LAW AND ATTMEY8 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 Mlami,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 Ilse prevailing party then the City shall be entitled to its costs and attorney's fees at the
pretrial, trial and appellate levels.
12. CONFIDENTIAL INFORMAT10N. The Consultant shall not, either dining 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 lander this Agteement,
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.
13, NjUIICES. Ali 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 (eyeept as
otherwise provided herein) (1) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivety 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:
A
C2902.1617.019.O'Leary Rtohards Dasfgn ASSOCIatBs, Ift.
Clty of Sunny Isles Beach 18070 Collins Avenue, Sunny isles Beach, Florida
(305) 997.0606 phone (305) 949-3113 Fax
If to the City;
Christopher J. Russo
With a copy to:
City Manager
Hans Qttinot, City Attorney
City of Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Avenue, 0' Floor
18070 Collins Avenue, 41h Floor
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida 33160
Tel., (305) 792-1701
Tel; (305) 792-1702
Kathryn O'Leary Richards, ASLA
If to the
8525 SW Wd Street, Suite C-11
Consultant:
Miami, FL 33156
Tel: (305) 596.6628
Fax.,(305)596.9160
19. PUBI.,IC RECORDS. The Consultant shall be required to comply with the following
requirements under Florida's Public Records Law,
(i.) Consultant shall keep and maintain public records required by the City to perform
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 inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law.
(iii.) Consultant shall ,ensure that public records that are exempt or confidential and
exemptfrom public records disclosure requirements are not disclosed except as authorized by law
for the duratloa of the attract term and following completion of the contract if the Consultant
does not transfer the records to the City.
(iv.) Consultant shall, upon completion of the contract, transfer, at no cost, to the City all
public records id possession of the Consultant or keep and maintain public records required by
the City to perform the service. If the Consultant transfers all public tecords to the City upon
completion of the contract, 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 contract, the Consultant shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided by Consultant to the City, upon request from the City, in a format that is compatible
with the information technology systems of the City,
IF THE CONSULTANT HAS QUESTIONS, REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSTLTANT)S DUTY TO PROVIDE PUBLIC IGCORDS RELATING
TO TIRS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECOlt2'(DS AT (305)'792-1'103, CiityClerks@sibfl-not,18070 Collins Avenue,
41' Floor, Sunny Isles Beach, Florida 33160.
SIS
C2902.1617-oig - O't.eary Richards Design Assoalsto% Inc.
City ofSunny Isles Beach 18070 Collins Avenue,.Sunny Isles Beach, Florida 33160
(305) 947.0606 phone (305) 949.3113 Fax
BN11RJpOi1!/omll®.ice 11
15, AUDIT. The Consultant shall make available to the City or its representative all required
frnsacial records associated with the Agreement for a period of Three (3) years.
16, NON- UCRIMINATION. The Consultant agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title Vill
of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Art of 1990, ipe Age Discrimination Act of 1975, Executive Order 11063, and with
8xeoutive Order 11248 as amended by Executive Orders 11375 and 12086.
The Consultant will not discriminate against any employee or applicant for employment because
of race, color, ere:ed, religion; ancestry, national origin, sex, disability or other handicap, age,
marital/familial status, or status with regard to public assistance. The Consultant will take
affirmative action to insure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprentieesbip, 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 544 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination
against the handicapped in any Federally assisted program.
17. COMICT M 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
CAyof Sunny Isles Beach ordinance No. 99-82, which are incorporated by reference herein as if
fl►Ily set forth herein, in connection with the Agreement conditions hereunder. The Consultant
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
which should conflict in any manner or degree with the performance of the Services, The
Consultant further covenants that in the performance of this Agreement, no person having any
such Interest shall knowingly be employed by the Consultant, The Consultant guarantees that
he/she has not offered or given to any member of, delegate to the Congress of the united States,
any or part of this contract or to any benefit arising therefrom.
18, ME1411 MCATION An WAIVER -QEF LIABILITY, The Consultant agrees, to
the ftdlest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
xepresentatives, of eers,,direotors, officials and employees from and against 4 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
02902.1611-019 - o't,eary RIchatds Design Associates, Ina
City of Sunny Isles Bench 1$070 Collins Avenue, Sunny Isles Beach, Florida 33160
(3 05) 947.0606 phone (3 05) 949.3113 Fax
the Consultant may be legally liabte. The parties agree that One Hundred Dollars ($100.00)
represents specific consideration to the Consultant for the indemnification set forth in This ;
Agreement.
19, COWLIANCE 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 haws") 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.
20. CONFLICTING PROVISIONS. If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, any document or events
referred to herein, or any document Incorporated into this Agreement, the term, statement,
requirement, or provision contained in this Agreement shall prevail and be given superior effect
and priority over any conflicting or inconsistent term, statement, requirement or provision
contained in any other document or attachment, including but not limited to Attachment "A"
A. In the event any provision of this Agreement is Pound to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agmement shall
neveitheless be binding upon the parties with the some 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 ofthis Agreement shall be effectiveonly If in writing and signed
by the parties to this Agreement.
E, No waiver of any provision of flus Agreement shall be valid or enforceable unless
such waiver is in writing and sighed by the party granting such waiver.
C2902•1617.019.0'Uery Richards Design Amelates, Ino.
Clay 009HOy .18119149110!1 18070 Collins Avenue, 8ututy 191as Beach, Florida 33160
(305) 947E 0606 phone 005) 9491113 Fax
IN VVITNESS "WHEREOF, the parties hereto have exoQ11w this Agrcement la triplicate
on the day and year fust written above,
VVITNESSt 6)LYARY MCHA RDS DESIGN
�15�gCTATE8,1mIC.
S;gnatare ,�
BY:
a 1101,11 v Rio 18 Pres ent
Print Name
9
C2902.1617;010-O'LaryRtoherds OW25lwueM$% tna.
CITY
BY;
i
s
BEACH
APPlti YRD AS TO FORM
ANTPLECCAL81YJ XCMZ4CY
d I Ottln4t Citic Att.Qrney
Attachment "B"
Fee Schedule
O'Leary
Richards
Design
Associates,
Inc.
tnndseapeAmNtectwe& Planning
January 4, 2021
Ms. Susan Simpson
Assistant City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Dear Ms. Simpson:
Our hourly rate effective January t, 2021 will be as follows:
Principal Landscape Architect/Quality Control
$198.50/hr.
Sr. Landscape Architect/Project Manager/Plans Reviewer
$175.00/hr.
Landscape Architect
$160..00/hr.
Construction Manager
$1.44.00/11r.
Cadd Technician
$ 97.50/hr.
Thanking you for the opportunity to work for the City of Sunny Isles Beach, I am
Very truly yours,
O'Leary Richards Design Associates, Inc.
* 0 -
tX1vc
Kathryn O'Leary Richards, PLA, ASLA, LEED GA
Oak Plaza Professional Center
8525 SW 92,d Street, Suite C -u
Miami, Florida 33156
Phone: 3o5.596.66PS
Fax: 305.596.g t6o
LC #26000198
Jtembe-i the
American &xtetyd Und—pe .\rcbiteets
Attachment "C"
Scrutinized Companies Affidavit
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
[PURSUANT TO FLORIDA STATUTE § 287.1351
I� Kathryn O'Leary Richards on behalf of O'Leary Richards Design Assoc., Inc.
Print Name Company Name
certifies that O'Leary Richards Design Assoc., Inc. does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Cuba or Syria.
Signatu
President
Title
1/6/2021
Date