HomeMy WebLinkAboutReso 2021-3248RESOLUTION NO. 2021- s 2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING AN AGREEMENT WITH VICTOR H. GUEVARA TO PROVIDE
PROFESSIONAL CONSULTING SERVICES, IN AN AMOUNT NOTTO EXCEED NINETY-
SIX THOUSAND DOLLARS ($96,000.00), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach ("City") is in need of a Consultant to perform
contract management services, and to serve as the City's representative on certain construction
projects, as it relates to status of work, adherence to plans and specifications prepared by others,
conformance to budget and reporting as may be requested, along with securing the services of
appropriate contractors to accomplish City projects ("Services"); and
WHEREAS, Victor H. Guevara has expressed the ability and desire to provide these Services
to the City; and
WHEREAS, the City Commission wishes to approve an Agreement with Victor H. Guevara to
provide Professional Consulting Services, in an amount not to exceed Ninety -Six Thousand Dollars
($96,000.00), attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves an Agreement
Victor H. Guevara to provide Professional Consulting Services, in an amount not to exceed Ninety -
Six Thousand Dollars ($96,000.00), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said 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. The Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 14th day of September 2021.
Larisa Svechin, Mayor
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i
ATTEST APPROVED AS TO FORM
AND LEG SUFFICIENCY:
Mauri io et ncur, CMC, City Clerk (��Edward A. Dion, City Atto ney
Moved by:K�/55/UJ�//�ti� (X/�GD Ai✓ Seconded by: ���1•lll/SS/[�/l(fce L—'�
Vote:
Mayor Svechin
Commissioner Goldman
Commissioner Lama
Commissioner Viscarra
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
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SJNNY /.5C .f
AGREEMENT BETWEEN THE CITY OF
p SUNNY ISLES BEACH AND VICTOR H. GUEVARA
CONTRACT NO. 2021-7502
o/ iUN
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement")
is made in duplicate, this 14}' day of St MrQ:;= C'— , 2021, by and between the CITY OF
SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and VICTOR H.
GUEVARA, an individual authorized to do business in the State of Florida (hereinafter referred
to as "Consultant") whose Tax I.D. # is 331-50-2223.
RECITALS
WHEREAS, the City is in need of a consultant to perform contract management services,
and to serve as the City's representative on certain construction projects, as it relates to status of
work, adherence to plans and specifications prepared by others, conformance to budget and
reporting as may be requested, along with securing the services of appropriate contractors to
accomplish City projects ("Services"); and
WHEREAS, Consultant has expressed the ability and desire to provide these Services
subject to 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 Ninety -Six Thousand Dollars ($96,000.00) for a two (2)
year term, at a fixed hourly rate of Seventy Dollars ($70.00) per hour.
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. SERVICES. Consultant agrees as Owner's Representative to provide consulting
services to advise, critique, and otherwise oversee public projects during planning, document
preparation, procurement/award and construction phases ("Services").
The Services shall be complementary to the design professionals selected by the City for their
respective disciplines and are not to be considered as professional design or engineering services.
Consultant will provide appropriate inspection services as it relates to the status of work,
adherence to plans and specifications prepared by others, conformance to budget and reporting as
may be requested. The Services of Consultant are intended to be as an extension of City staff with
one and only one goal, that being to protect the City's (Owner's) best interest in the timely and
cost-efficient completion of an assignment or project. The Consultant will focus on budget,
timeliness, quality, safety and project logistics, representing the City in requested meetings,
preparing and presenting periodic reports of a project to the City Commission, inspecting the
progress and quality of work, and otherwise representing the City throughout the duration of a
project.
3. TERM. Subject to the City's ability to terminate the Agreement in accordance with
Section 8 hereunder, the term of this Agreement shall begin upon the execution of the Agreement
by all parties and shall continue for a period of two (2) years.
2021-7502 VICTOR H. GUEVARA
City of Sunny Isles Deach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Payment will be made only for work completed to the satisfaction of the City. Consultant is to
commence performance of work on the Commencement Date and continue in a diligent manner
until work is complete. Consultant acknowledges that compliance with the commencement and
completion schedule is the essence of this Agreement. The terms of Section 13, "Compliance
with Law", shall survive termination of this Agreement,
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 Four Thousand Dollars ($4,000.00) per month, for a total contract not to exceed
Ninety -Six Thousand Dollars (S96,000.00) over the two (2) year terrn. Payment to Consultant for
all charges and tasks under this Agreement shall be in accordance with this Agreement and at a
fixed hourly rate of Seventy Dollars ($70.00) per hour, which fee shall be disbursed on a monthly
basis and under the following conditions:
a- Disbursements. There are no reimbursable expenses associated with this contract,
except for such expenses approved by the City Manager.
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
Prot -opt 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.
Consultant shall make no other charges to the City for supplies, labor, taxes, licenses,
pernifts, 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 (lie City's credit or rnake 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.
S. INDEPENDENT CONTRACTOR RELATIONSHIP, The Consultant is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Consultant
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been
undertaken by the City. Consultant shall be responsible for any and all of its own expenses in
2
2021.7502 VICTOR H. GUEVARA
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 set forth in this Agreement. Consultant shall famish its own
transportation, office and other supplies as it determines necessary in carrying out its duties Linder
this Agreement, Notwithstanding this provision, the City will provide necessary office space for
meetings during the term of this Agreement,
6. 'OWNERSHIP OF DOCUMENTA
S AND EQUIPMENT. ll 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, at its sole cost and expense, shall add the City as an additional
insured on its automobile liability insurance policy during the period of any work being performed
under this. Agreement.
Insurance required of the Consultant shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City. The City reserves the right from time to time to change
the insurance coverage and limits of liability required to be maintained by Consultant hereunder.
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION
MUST BE APPROVED IN WRITING BY THE CITY.
8. 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 Consultant fails, refuses or is unable to pet -form 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 (and sub -Consultant (s)) 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.
B, Termination for Convenience. The City may, for its convenience and without cause
immediately terminate the Services then remaining to be performed at any time by
giving written notice. The Consultant may, for its convenience and without cause
terminate the Services then remaining to be pet -formed by giving at least fifteen
(15) days' written notice to the City. In the event either party terminates the
3
2021.7502 VICTOR H. GUEVARA
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Agreement for convenience as provided herein, the terms of Paragraph A(i) above
shall be applicable hereunder.
C. Termination for Insolvency..The City also reserves the right to terminate the
remaining Services to be performed in the event the Consultant is placed either in
voluntary or involuntary bankruptcy or makes any assignment for (lie benefit of
creditors.
D. Termination for failure to adhere to the Public Records Law. Failure of the
Consultant to adhere to the requirements of Chapter 119 of the Florida Statutes and
Section 14 below, may result in immediate termination of this agreement.
9. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising, out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade, County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device, In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement, then the City shall be entitled to its costs and
attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO; THIS
AGREEMENT, CONSULTANT AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO THIS AGREEMENT, Nothing in this Agreement is intended to serve as a waiver
of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City
pursuant to Section 768.28, Florida Statutes.
10. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term
of this Agreement or any tune 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.
11. '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, or (ii) by guaranteed overnight delivery by a nationally recognized courier
service, addressed to such party as follows:
4
2021-7502 VICTOR H. GUEVARA
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
If to the City:
Christopher J. Russo
With a copy to:
City Manager
Edward A. Dion
City of Sunny Isles Beach
City Attorney
18070 Collins Avenue, 4th Floor
City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160
18070 Collins Avenue, 4th Floor
Tel: (305) 792-1701
Sunny Isles Beach, Florida 33160
Tel: 305) 792-1702
If to the
Victor H. Guevara
Consultant:
3625 N. Country Club Drive, Unit
1406
Aventura, Florida 33180
victorhguevara@gmail.com
786.568.2469
12. 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 part of this contract or to any benefit arising therefrom.
13. 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.
14. PUBLIC 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 perfonn 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 exempt
from public records disclosure requirements are not disclosed except as authorized
5
2021-7502 VICTOR H. GUEVARA
C11), of Sun ny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (30) 949-3113 Fax
by law for the duration of the contract 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 in 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 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 frorn 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
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CITY
CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703,
CityCl,erk@sibfl.net, 18070 Collins Avenue, 411 Floor, Sunny Isles Beach,
Florida 33160.
15. 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. Consultants must certify that the company is not participating in a boycott of
Israel.Anycontract for goods or services of One Million Dollars ($11,000,000) or more shall be
terriiinated 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 ten-ninated 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. Consultant must submit the certification that is attached to this agreement as
Attachment "A". Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to the Consultant of the City's determination concerning
the false certification. The Consultant shall have ninety (90) days following receipt ofthe notice
to respond in writing and demonstrate that the detennination was in error. If the Consultant does
not den-ionstrate that the City's deterinination 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.
16. MISCELLANEOUS,
6
21021-7502, VICTOR ti. GI EVARA
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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. 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.
D. Each individual executing this Agreement on behalf of a party hereto hereby
represents and warrants that he or she is, on the date he or she signs this Agreement, duly
authorized by all necessary and appropriate action to execute this Agreement on behalf of such
party and does so with full legal authority to bind their respective party to this Agreement.
E. This Agreement contains the entire agreement of the parties, and may be amended,
waived, changed, modified, extended or rescinded only by in writing signed by the party against
whom any such amendment, waiver, change, modification, extension and/or rescission is sought.
F. 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 Attachments "A", and `B".
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
on the day and year first written above.
[SIGNATURE PAGE TO FOLLOW]
7
2021-7502 VICTOR H. GUEVARA
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Reach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
WITNESS: VICTOR . GLJEVA
Signature BY: _
Vvara
Pint Ivaunc
A`I•TIii�i
CITY O�� S��t ISLES BEACH
BY: t13Y:
hct ncur, C1b1C, City Clerk La iaa Svcchiu, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
13Y: 3 � L
Edward A. Dion, City Attorney
g
2031-750' VICTOR 14.GUFVARA
qtr pir Tk FLO
Os $Wl'k �
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Christopher J. Russo, City Manager
DATE: September 14, 2021
RE: Contractual Agreement between the City of Sunny Isles Beach and Victor H
Guevara
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The City needs a consultant to perform contract management services, and to serve as the City'!
representative on stormwater and drainage projects, as it relates to status of work, adherence to
plans and specifications prepared by others, conformance to budget and reporting as may be
requested, along with securing the services of appropriate contractors to accomplish City projects.
The services of the consultant are intended to be an extension of City staff and protect the City's best
interest by ensuring timely and cost-efficient completion of the central island drainage project and the
Golden Shores pump station project. The City would like to enter into an agreement with Victor H
Guevara for these services based on his experience and expertise which is needed to effectively
accomplish the requirements of these City projects.
The term of the contractual agreement between the City of Sunny Isles Beach and Victor H. Guevara i
two years in an amount not to exceed $96,000.00.
Item Number: 10.W
FUNDING SOURCE:
The funding source for this expenditure is:
ATTACHMENTS:
Resolution
Agreement
Item Number: 10.W