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HomeMy WebLinkAboutReso 2021-3277RESOLUTION NO. 2021- 2-9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SEVENTH AMENDMENT TO THE AGREEMENT WITH O'LEARY RICHARDS DESIGN ASSOCIATES, INC. TO PROVIDE FOR AN ADDITIONAL RENEWAL TERM AND ADDITIONAL SERVICES RELATED TO THE MEDITATION GARDEN, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHT THOUSAND TWO HUNDRED DOLLARS ($108,200.00), 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. ("Consultant") 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 the Consultant in an amount not to exceed $65,000.00 to provide landscape architect services ("Services") for a period of one (1) year; and WHEREAS, pursuant to Section 4 of the Agreement the City has the option to renew the Agreement for an additional four (4) one (1) year renewal terms; and WHEREAS, on October 19th, 2017 via Resolution No. 2017-2749, the City Commission approved a First Amendment to the Agreement with the Consultant 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 181h, 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 the Consultant 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 the Consultant in an amount not to exceed $120,000.00, bringing the total contract amount not to exceed $332,843.72 WHEREAS, on January 161h, 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 the Consultant 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 the Consultant in an amount not to exceed @BCL@980B23EO.Doc Page 1 of 3 $99,776.00 for services related to the "Meditation Garden", bringing the total contract amount not to exceed $497,619.72; and WHEREAS, on January 2111, 2021, via Resolution No. 2021-3159, the City Commission approved a Sixth Amendment to the Agreement with the Consultant for a fourth and final option to renew in a total amount not to exceed $77,000.00, attached hereto as Exhibit "A", bringing the total contract amount not to exceed $574,619.72; and WHEREAS, the City, being satisfied with the Services performed by the Consultant, wishes to amend Section 4 of the original Agreement to provide that the City has the option to renew for five (5) one (1) year renewal terms, thereby granting the City the ability to renew for one (1) additional year, in an amount not to exceed $92,700.00; and WHEREAS, the City further wishes to amend Section 5 of the original Agreement to provide for compensation in an amount not exceed $15,500.00 for additional services related to the "Mediation Garden", as more particularly set forth in the Fifth Amendment to the Agreement; and WHEREAS, the Consultant has expressed their ability and desire to continue providing the Services to the City; and WHEREAS, the City now wishes to approve a Seventh Amendment to the Agreement with O'Leary Richards Design Associates, Inc. to provide for a fifth and final one (1) year renewal option, and for additional services related to the "Meditation Garden", in an amount not to exceed One Hundred Eight Thousand Two Hundred Dollars ($108,200.00), bringing the total contract amount not to exceed Six Hundred Eighty -Two Thousand Eight Hundred Nineteen Dollars and Seventy -Two Cents ($682,819.72), 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 Seventh Amendment. The City Commission hereby approves the Seventh Amendment to the Agreement with O'Leary Richards Design Associates, Inc. to provide for a fifth and final one (1) year renewal option, and for additional services related to the "Meditation Garden", in an amount not to exceed One Hundred Eight Thousand Two Hundred Dollars ($108,200.00), bringing the total contract amount not to exceed Six Hundred Eighty -Two Thousand Eight Hundred Nineteen Dollars and Seventy -Two Cents ($682,819.72), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. 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. @BCL@98OB23EO.Doc Page 2 of 3 PASSED AND ADOPTED this 16th day of December 2021. Dana Robin Goldman, Mayor ATTEST: Mauricio Betkncur, CIVIC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: a 4�--Q &L Edward A. Dion, City Attorney Moved by: ��l�-fLfl/55lkff L Seconded by: Vote: Mayor Goldman_(Yes) (No) Vice Mayor Viscarra—L(Yes) (No) Commissioner Lama (Yes) (No) Commissioner Rabinovich -(Yes) (No) Commissioner Stuyvesant ,/ (Yes) (No) R2021 Seventh Amend To Oleary Richards Agmt Page 3 of 3 S,NNY y�FI . SEVENTH AMENDMENT TO THE AGREEMENT BETWEEN �• THE CITY OF SUNNY ISLES BEACH AND O'LEARY RICHARDS 9F , Tf ` FL 00.Oosr DESIGN ASSOCIATES, INC. o. SUN CONTRACT NO. 2902-016 This Seventh Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH ("City"I and O'LEARY RICHARDS DESIGN ASSOCIATES, INC. ("Consultant") executed this ' 1yW 5 day of '7_Xq&t j.2021, is made apart of the original Agreement ("Agreement") dated February 6, 2017, as amended, between the City and Consultant, a copy of which attached hereto as Attachment "A", whose Federal Identification # is 03-0493187. The City and Consultant hereby agree as follows: 1. ADDING RENEWAL TERM. The parties hereby amend Section 4 of the Agreement to grant the City the option to renew for five (5) additional one (1) year terms. 2. OPTION TO RENEW. Effective February 6, 2022, the City shall exercise its fifth and final option to renew the Agreement for one (1) year in accordance Section 1, herein. 3. ADDITIONAL COMPENSATION. Effective February 6, 2022, the City wishes to amend Section 5 of the Agreement ("Compensation"), to provide additional compensation for this one (1) year renewal term in the amount not to exceed Ninety -Two Thousand Seven Hundred Dollars ($92,700.00). The City further wishes to amend Section 5 of the Agreement to provide additional compensation for Additional Services as more particularly set forth in the Fifth Amendment to the Agreement, in an amount not to exceed Fifteen Thousand Five Hundred Dollars ($15,500.00). The additional compensation referenced in this Section 3 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 Six Hundred Eighty -Two Thousand Eight Hundred Nineteen Dollars and Seventy -Two Cents ($682,819.72). 4. 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. 5. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Consultant enters into a contract with a subcontractor, the subcontractor must provide the Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Consultant is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Consultant during the contract term. Further, Consultant must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Consultant to ensure compliance with E - Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (httos://www.e-verify. og v/eml2lo ergs/enrolling-in-e-verify) and follow the instructions. The Consultant must retain the '1-9 Forms for inspection, and. provide the attached E -Verify Affidavit, attached hereto as Attachment "D". 6. 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", and any subsequent amendments, shall remain in full force and effect. 7. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this Seventh 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", "C", and "D" IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned. above. WITNESS: YAM i%E. womZ 01 /� Print Name ATTEST: BY: "" Mauricio Betancur, CMC, City Clerk O'LEARY RICHARDS DESIGN ASSOCIATES, INC. BY: ' athryn 0 ;L ary Richards, President CITY OF SUNNY ISLES BEACH BY: Dana Robin Goldman, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: r 'Edward. A. Dion, City Attorney Attachment "A" Original Agreement p !!t! !Yn t , AGREENE,IaT BETWEEN IfTE CITY OF SUNNY MES BEACH ANI) *` t O'LEARY RICHARDS DESIGN ASSOCIATES, INS. :;,10 CONTRACT NO. C2902-1617.019 THIS CONTRACTUAL AGRElEMN x (hereinafter rafelrcd to as the "Agreement") is made in duplicate, this 4yG, day of 20IV by and between the CITY OF SUNNY ISLES BE, ACH% Florida, (hereinafter feferred to as "City"), and MEARY RICRARDS DESIGN ASSOCIATES, INC,, a corporation authorized to do business in the State of Florida (hereinafter referred to as "Consultant") whose Federal I.D. 0 is Q���4�318'1 RECITALS WHEREAS, the City issued Request for Qualifications ("RFQ) No. 16-0.6-02 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 connection with Services; and WHEREAS, Consultant has expressed the ability and desire to provide these Services subject to the terms and conditions contained herein and RFQ No. 16-06-02, which is incorporated herein by reference; and WHEREAS, the City desires to contract with Consultant to provide the Services, as more fully described in Attachment "A' which is attached hereto; and WNMREAS, 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 THERE YORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: 1. RI;CIT iL . The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2, SER'FICE . Consultant agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services. The Services shall be perforated by Consultant to the full satts£action of the City. Consultant agrees to have a qualified representative to audit and inspect 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 cause damage to the City's property, improvements and.persons. Consultant will require its employees to perform their work in a maimer befitting the type and scope of work to be performed. In the event that the Consultant falls to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of services, Consultant agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Consultant's failure to perform the Services. SIB C290t-1617-019 -O'Leary Rlehards basip Assodates, Inc. ATTACHMENT "A" City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949.3113 Fax 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 9 hereunder, the term of this Agreement shall commence upon the execution of this Agreement by both panties and shall terminate no later than one (1) year thereafter. Consultant acknowledges that compliance witli the commencement 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. BEE AL. 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. 5. C0141PENSATi01V. 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 fes shall be disbursed on a montbly 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 contraut'number assigned hereto. Inwices 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 upti, an annual appropriation for its purpose by the City Commission. 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 matte it a guarantor of payment or, surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant Sid C2902.1617,00. O'Leary Richards Design Associates, Inc. Cly of Sunny isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax futthek 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 REIJATIONS}il'.l'. 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 inouired by the Consultant. The City shall have ao 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 furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. OWNERSHIP OFDOCUMENTS AND EQUIPMENT. All documents prepared by the Consultant pursuant to ibis 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, damage and liabilities caused by Consultant, its agents or emplo,,yees, as indicated below: q 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. O Umbrella Liability Insurance shall be required to purchase, maintain, and keep in fu11 force, effect, and good standing above the primary commercial general liability, automobile liability, and employers' liability policies required herein. The limit shall not be less than One Million Dollars ($1,000,000.00) per occurrence and annual aggregate per occurrence during the initial and any renewal term. D Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. q 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 "° IB 02902-1.617.819 -O'Leary Richards Design Associates, Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 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. Consultant shall also require and ensure that each of its sub -contractors 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 XIV WRITING BY THE CITY. TERMINATION AND REMEDIES FOR BT2EACH. 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 koln tho Consultant in an amount equal to the actual cost of a third patty 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 5 herein. (if.) 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 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(H) above shall be applicable hereunder, CZ909-1617.019 - O'Leary Richards Design Associates, Inc. � �� City of Sunny I91es Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947.0606 phone (305) 949.3113 Fax C. Terminatlon for Inseivency 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. BACK. U0 CHES. 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 bacIcground check at their own sole cost and expense through the City, The Consultant shall ensure that only their properly designated employees listed with the City Manager be permitted to perform Services. In the event the designated employees are removed by the Consultant, the Consultant 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.-Conaultant shall ensure that all designated employees wear the City's provided identification cards while performing Services. 11. 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, 12. 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, otirr 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. 13,OTj T CES• 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 oless 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 - C2902 -1611-019 - O'Leary ollows: C2902-1611-019.0'Leary Richards Design Associates. Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida (305) 947-0606 phone (305) 949-3113 Fax if to the City: Clu-istopher J, Russo With a copy to: City Manager I Bans Ottinot, City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue, 41" Floor 18070 Collins Avenue, 4'h 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 92°d Street, Suite C-11 Consultant: Miami, FL 33156 Tel: (305) 596-6628 Fax: (305) 596-9160 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 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 tune 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 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 fecords id possession of the Consultant or keep and maintain public records requited by the City to perform the service. If the Consultant transfers all public reco>.e1s 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 CONSULTANT'S DUTY TO PROVIDE PUBLIC WORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTOIDIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerks@sibf met, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. 9 C29014,517.019.0 -Amy Richards Doslp Associates, Inc. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 • (305) 947.0606 phone (305) 949-3113 Fax 15. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three (3) years. 16. NUN-DISCRIMINATIM. The Consultant agrees to comply with all local and state clvit rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any empleyee or applicant for employment because of race, color, creed, 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 employmentpractices 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 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. 17. 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 bovenants 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, TND Eli IFICATION AND WAIVER OF LIABILMi The Consultant agrees, to the fullest extant permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, offrcers,•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 02902.1617.019 -O'Leary Richards Design Associates, Ina City ofSunnyIsles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947.0606 phone (305) 949-3113 Fax 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 1 Agreement, 19, CONI MANCE WITH LAW. Consultant shalt 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 maintainany and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement, 20. CQNFLICTINg )PROVISIgNS. 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" 21. W§CE L NEOU•5�.. 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 neveitbeless 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 ahallbe 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 effectiveonly if in writing and signed by the parties to this Agreement. E. No waiver of any provision of tliis Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. 0 9B C29M.1617-019 - O'Leary Richards Dolan Assoclates, Inc, (Yiy Of MMM Xsles Benclt 18070 Collin Avenue, Suimy ]ales Beat, Florida 33160 (305) 9470606 phone (305) 949.3113 Fax IN WITNESS'WHERROF, the pa Iles hereto have exeairtedthle Agreement is trlplioate on the day and year first written above, W1TNESSt OILEARYRICHA DSDESIGN ASSOCIA790, INC. ' uiB,IlAiilre Ah '� Bir: Ka hry'a1XIN RlohikjsPriesVent T?xlnt Name C2902-1617419 -O'Leary Richards Design Associates, Inn, CITY BY- APPROVED Y: BEACH AP PROVED AS TO FORM 011) LEGAL SUFFICIENCY B'Y:, : h4 btIlf of City A#9mf y Attachment "B" Updated Fee Schedule O'Leary Richards Design Associates, Inc. landscape Architecture & Planning December 8, 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 1, 2022 will be as follows: Principal Landscape Architect/Quality Control $220.00/hr. Principal Landscape Architect/Plans Reviewer $185.00/hr. Landscape Architect $165.00/hr. Cadd Technician $104.00/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. *�o tu'U Kathryn O'Leary Richards, PLA, ASLA, LEED GA Oak Plaza Professional Center 8525 SW 92nd Street, Suite C-11 Miami, Florida 33156 Phone: 305.596.6628 Member of the American Society of Landscape Architects Attachment "C" Scrutinized Companies Affidavit 04 SJ'ANY /sR F F _ n U 2 . ° CONTRACTOR ANTI -BOYCOTT CERTIFICATION 'DD O P � FLOR °5a [PURSUANT TO FLORIDA STATUTE § 287.1351 on behalf of , Print Name Company Name certifies that Company Name 1. Participate in a boycott of Israel; and does not: 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. Signature Title Date Attachment "D" E -Verify Affidavit Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E - Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.a-verify.gov/emplovers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Company Name Offeror Signature Date Print Name Title Federal Employer Identification Number (FEIN) Sworn to and subscribed before me on this this day of 2021. By ❑ Is personally known to me ❑ Has produced identification (type of identification produced: Signature of Notary Public Print or Stamp of Notary Public Expiration Date dC • F147¢ �� F a 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 VIA: Stan Morris, City Manager FROM: Susan Simpson, Assistant City Manager DATE: December 16, 2021 RE: Amendment to Agreement with O'Leary Richards Design Associates RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: In 2016 the City entered into an agreement with O'Leary Richards Design Associates (ORDA) fc landscape design services. Throughout the years, ORDA has worked on landscape design projects sucl as improvements to medians and parks, consulted on the landscape services bid and award, performs monthly inspections of the work by our landscape contractors and provides monthly reports. Additionally, ORDA reviews and approves site plans and permits for private projects. These service! are tracked and paid for by the permit applicant, however, the City is still required to receive authority to spend the funds. Most recently, ORDA was contracted to design the Mediation Garden at the sit( of the former skate park at Town Center Park. This project has been delayed until the fountain and artwork contract with an artist was worked out. That occurred at the October meeting and we have subsequently received an updated proposal from ORDA for this work. ORDA has proven to provide exceptional quality and understands the goals of the City in our efforts tc provide the highest level of both beauty and function while being conscience of our environment. Her designs endeavor to be mindful of water conservation and fertilization reduction efforts. This amendment in the amount of $108,200 provides for an additional $15,500 for the Meditation Garden project and $92,700 in general consulting services, a portion of which is reimbursed through permits. Item Number: 10.F FUNDING SOURCE: Funds are budgeted for and available in multiple general fund accounts as well as the Capital Improvement Plan account for the Meditation Garden. ATTACHMENTS: Resolution Seventh Amendment Item Number: 10.F