HomeMy WebLinkAboutReso 2022-3429RESOLUTION NO. 2022-�94?_J
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, CORRECTING A SCRIVENER'S ERROR IN RESOLUTION NO. 2022-3401
TO REFLECT THE CORRECT NOT -TO -EXCEED AMOUNT OF THIRTY-EIGHT
THOUSAND SIX HUNDRED TWENTY DOLLARS ($38,620.00) FOR THE PROJECT
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND KEITH AND
ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on May 191h, 2022, via Resolution No. 2022-3335, the City Commission of the
City of Sunny Isles Beach ("City") approved a Project Agreement with Keith and Associates, Inc.
d/b/a KEITH ("Firm") to provide general civil engineering services ("Services") for upgrades to
Town Center Park ("Project"), in an amount not to exceed $34,900.00; and
WHEREAS, on September 151h, 2022, via Resolution No. 2022-3401, the City Commission
approved a First Amendment to the Project Agreement with the Firm for additional lighting and
related electrical construction documents for the Meditation Garden ("Additional Services"), in
an amount not to exceed $3,720.00; and
WHEREAS, Resolution No. 2022-3401 contained a Scrivener's Error incorrectly
referencing a total Not -to -Exceed contract amount of $37,720.00; and
WHEREAS, the City Commission wishes to correct the Scrivener's Error in Resolution No.
2022-3401 to accurately reflect the total not to exceed amount of $38,620.00 for the Project
Agreement between the City and the Firm; and
WHEREAS, this correction is justified on the following grounds: (i) correction is essential
to ensure the intent of the Commission; (ii) correction does not include a change of judgment
or prior intent of the Commission; and (iii) the record, including but not limited to the staff
report, minutes and motion, evidences the clear intent of the Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Correction of Scrivener's Error. The City Commission hereby approves the
correction of a Scrivener's Error contained in Resolution No. 2022-3401 to accurately reflect the
total not to exceed amount of Thirty -Eight Thousand Six Hundred Twenty Dollars ($38,620.00)
for the Project Agreement between the City and Keith and Associates, Inc.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
@BCL@CC089773.doc Page 1 of 2 328
ATTEST:
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PASSED AND ADOPTED this 20th day of October 2022.
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
A116LEGAL SUFP1041ENCY:
rd A. Dion, City Attorney
Moved by:6-44 S�/Dl , Seconded
Vote:
Mayor Goldman
✓ (Yes)
(No)
Vice Mayor Viscarra
(Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Lama
3Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
@BCL@CC089773.doc Page 2 of 2 329
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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: Mauricio Betancur, CMC, City Clerk
DATE: October 20, 2022
RE: Correcting a Scrivener's Error in Resolution No. 2022-3401
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
On May 19th, 2022, via Resolution No. 2022-3335, the City Commission approved a Project Agreemen
with Keith and Associates, Inc. to provide general civil engineering services for upgrades to Town
Center Park, in an amount not to exceed $34,900.00. Then, on September 15th, 2022, via Resolution
No. 2022-3401, the City Commission approved a First Amendment to the Project Agreement with thi
Firm for additional lighting and related electrical construction documents for the Meditation Garden,
in an amount not to exceed $3,720.00. However, when adding both the original contract amount and
the First Amendment amount, Resolution No. 2022-3401 incorrectly reflected the incorrect total
contract amount not of $37,720.00.
The attached Resolution seeks to correct the Scrivener's Error, as follows:
$34,900.00 - Original Contract Amount
+ $3,720.00 - First Amendment Amount
$38,620.00 - Total Not -To -Exceed Amount
ATTACHMENTS:
Resolution
Item Number: 10.11
327