HomeMy WebLinkAboutReso 2023-3590RESOLUTION NO. 2023 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING AN EIGHTH AMENDMENT TO THE AGREEMENT WITH HPF
ASSOCIATES, INC. TO PROVIDE PROFESSIONAL CONSULTING SERVICES, FOR
ADDITIONAL COMPENSATION IN AN AMOUNT NOT TO EXCEED THREE HUNDRED
THIRTY THOUSAND DOLLARS ($330,000.00), ATTACHED HERETO AS EXHIBIT "A;"
RATIFYING AN ADDITIONAL EXPENDITURE OF NINETY-SIX THOUSAND FOUR
HUNDRED FIFTY-NINE DOLLARS AND SIXTY-NINE CENTS ($96,459.69);
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 February 24, 2015 the City entered into an Agreement with HPF Associates,
Inc. to provide Professional Consulting Services to advise, and otherwise overview projects during
planning, document preparation, procurement/award and construction phases and assist in
soliciting funding for selected projects, in an amount not to exceed $25,000.00; and
WHEREAS, on March 19, 2015 via Resolution No. 2015-2389, the City Commission approved
the First Amendment to the Agreement with HPF Associates, Inc. to provide Professional Consulting
Services to perform 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,
along with securing the services of appropriate contractors to accomplish projects directed bythe
City Manager or his designee, in an amount not to exceed $100,000.00, bringing the total contract
amount not to exceed $125,000.00; and
WHEREAS, on February 18, 2016 via Resolution No. 2016-2526 the City Commission
approved the Second Amendment to the Agreement with HPF Associates, Inc. to provide continued
General Consultant Services, in an amount not to exceed $150,000.00, and Specialized Consultant
Services for the Collins Avenue Utility Undergrounding Project, in an amount not to exceed
$112,580.00, for a total amount not to exceed $262,580.00, bringing the total contract amount not
to exceed $387,580.00; and
WHEREAS, on December 15, 2016 via Resolution No. 2016-2639 the City Commission
approved the Third Amendment to the Agreement with HPF Associates, Inc. to provide
Professional Consulting Services, in an amount not to exceed $270,000.00, bringing the total
contract amount not to exceed $657,580.00; and
WHEREAS, on October 19, 2017 via Resolution No. 2017-2754 the City Commission
approved the Fourth Amendment to the Agreement with HPF Associates, Inc. to provide
Professional Consulting Services, in an amount not to exceed $294,000.00, bringing the total
contract amount not to exceed $951,580.00; and
WHEREAS, on September 20th, 2018 via Resolution No. 2018-2871, the City Commission
approved a Fifth Amendment to the Agreement with HPF Associates, Inc. to provide Professional
Consulting Services, in an amount not to exceed $294,000.00, bringing the total contract amount
not to exceed $1,245,580.00; and
@BCL@BCOB5C34.doc Page 1 of 3
WHEREAS, on November 2111, 2019 via Resolution No. 2019-3018, the City Commission
approved a Sixth Amendment to the Agreement with HPF Associates, Inc. to provide Professional
Consulting Services, in an amount not to exceed $330,000.00, bringing the total contract amount
not to exceed $1,575,580.00; and
WHEREAS, on November 211t, 2020, via Resolution No. 2020-3125, the City Commission
approved a Seventh Amendment to the Agreement with HPF Associates, Inc. to provide
Professional Consulting Services, in an amount not to exceed $330,000.00, bringing the total
contract amount not to exceed $1,905,580.00; and
WHEREAS, the City is in need of continued Executive Management/Capital Projects
Consulting Services and on-site project observation services for the Collins Avenue Undergrounding
Project by HPF Associates, Inc.; and
WHEREAS, in conducting its due diligence, and in conducting a review of the Agreement
since its inception, and its associated expenditures, the Finance Department discovered that
commencing in 2015, and thereafter following the Seventh Amendment referenced herein, an
additional Ninety -Six Thousand Four Hundred Fifty -Nine Dollars and Sixty -Nine Cents ($96,459.69)
was expended and not captured in the previous seven amendments; and
WHEREAS, the City Commission wishes to approve the Eighth Amendment to the
Agreement with HPF Associates, Inc. to provide Professional Consulting Services, in an amount not
to exceed Three Hundred Thirty Thousand Dollars ($330,000.00), attached hereto as Exhibit "A,"
and ratify additional expended funds in the amount of Ninety -Six Thousand Four Hundred Fifty -
Nine Dollars and Sixty -Nine Cents ($96,459.69), bringing the total contract amount not to exceed
Two Million Three Hundred Thirty -Two Thousand Thirty -Nine Dollars and Sixty -Nine Cents
($2,332,039.69);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Eighth Amendment to Agreement. The City Commission hereby
approves the Eighth Amendment to the Agreement with HPF Associates, Inc. to provide
Professional Consulting Services, in an amount not to exceed Three Hundred Thirty Thousand
Dollars and No Cents ($330,000.00), attached hereto as Exhibit "A".
Section 2. Ratification of Additional Expenditure. The City Commission hereby ratifies
additional expended funds in the amount of Ninety -Six Thousand Four Hundred Fifty -Nine Dollars
and Sixty -Nine Cents ($96,459.69), bringing the total contract amount not to exceed Two Million
Three Hundred Thirty -Two Thousand Thirty -Nine Dollars and Sixty -Nine Cents ($2,332,039.69);
Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
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Section 4. Effective Date. The Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 16th day of November, 2023.
Larisa vechin, ayor
ATTES :/� APPROVED AS TO FORM
A f / I AND LEGAL SUFFICIENCY:
MauricSo Betancut, CMC, City Clerk
in E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by: Cit' ) � -econded by:
Vote:
Mayor Svechin `� (Yes) (No)
Vice -Mayor Joseph (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Stuyvesant(Yes) (No)
Commissioner Viscarra /(Yes) (No)
@BCL@BCOB5C34.doc Page 3 of 3
SOlt S E
V_Fi
EIGHTH AMENDMENT TO THE AGREEMENT BETWEEN
1 �
THE CITY OF SUNNY ISLES BEACH AND
"°0. HPF ASSOCIATES, INC.
los SUN Tho
CONTRACT NO. C1415-032
THIS EIGHTH AMENDMENT TO THE AGREEMENT between the CITY OF
SUNNY ISLES BEACH ("City") and HPF ASSOCIATES, INC., whose Federal ID No. is 45-
2570350 ("Consultant"), effective as of the 1st day of December, 2023, is made a part of the
original Agreement between the parties dated February 24, 2015, Contract No. C1415-032, (the
"Agreement"), attached hereto as Attachment "A." City and Consultant hereby agree to amend
the Agreement as follows:
1. ADDITIONAL COMPENSATION. The payment to the Consultant, as set forth
in Section 4 of the Agreement is hereby amended to include additional compensation in an amount
not to exceed Four Hundred Twenty -Six Thousand Four Hundred Fifty -Nine Dollars and Sixty -
Nine Cents ($426,459.69) for continuing management/capital projects consulting, as more
particularly described in Attachment "A" to the original Agreement and pursuant to the fee
schedule contained therein, which is attached hereto and incorporated herein by reference. The
foregoing Four Hundred Twenty -Six Thousand Four Hundred Fifty -Nine Dollars and Sixty -Nine
Cents ($426,459.69) consists of an additional amount of Three Hundred Thirty Thousand Dollars
and No Cents ($330,000.00), and a previously expended amount of Ninety -Six Thousand Four
Hundred Fifty -Nine Dollars and Sixty -Nine Cents ($96,459.69).
This Eighth Amendment brings the total not -to -exceed contract amount to Two Million Three
Hundred Thirty -Two Thousand Thirty -Nine Dollars and Sixty -Nine Cents ($2,332,039.69).
If this Agreement is terminated by the City, Consultant shall receive payment for services rendered
up to the date of termination.
2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically
modified herein, all terms and conditions of the Agreement shall remain in full force and effect.
3. CONFLICTING PROVISIONS. The terms, requirements, and provisions
contained in this Eighth Amendment shall prevail and be given superior effect and priority over
any conflicting or inconsistent term, statement, requirement, or provision contained in any other
document or attachment, including but not limited to Attachment "A."
IN WITNESS WHEREOF, the parties have executed this Eighth Amendment to the
Agreement as of the date referenced above.
[SIGNATURE PAGE TO FOLLOW]
HPF Associates, Inc. — Eighth Amendment Page 1 of 4
City of'Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
WITNESS:
olisw";"11=141Signature
STATE OF FLORIDA:
COUNTY OF MtMl- - We
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this cy, I day of November, 2023, by Paul T. Abbott, as President of HPF
Associates, Inc.
(SEAL)
�av'd�•., ANGEL COLLINS
':pl•" --'k : Notary Public • State of Florida
%M' Commission k HH 440134
?oF A'' My Comm, Expires Sep 4, 2027
Bonded through National Notary Assn.
Personally Known ',,/or Produced Identification
Type of Identification Produced:
Notary Public, State of Florida
(Signature of Notary Public)
AAA'0j mw
(Print, T e, or Stamp
Commissioned Name of Notary
Public)
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
HPF Associates, Inc. — Eighth Amendment Page 2 of 4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
AT'I
Department Head
CITY OF,liUNNYISLES BEACH
Svechin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Aain Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
HPF Associates, Inc. — Eighth Amendment Page 3 of 4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
HPF Associates, Inc. — Eighth Amendment Page 4 of 4
AGREEMENT BETWEEN THE CITY OF
Y L
SUNNY ISLES BEACH AND HPF ASSOCIATES, INC.
CONTRAC..T NO. C1415-032
THIS CQNTRACTUA, AGREEMENT (hereinafter teferred to as the "Agreement")
is made 'in duplicate, this. ZA day of, 2015, by and between the CITY OF
SVNINY ISLES BEACH, Florida, (herei age"refrrld to as "City"), and HPF ASSOCIATES,
INC; a corporation authorized to do. business in the State of Florida (hereinafter referred to as
"Consultant") whose Federal I.D. #t is q5- 25 1 035,0
RECITALS
WHEREAS, Consultant was selected by the City to provide consulting services to
advise, critic, and otherwise .overview projects curing planning, document preparation,
grocurementlaward and construction phases and also assist in soliciting. funding for selected
projects;.and
WHEREAS, the City is in need of a consultant to perform inspection services 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 projects directed by City Manager or his designee ("Services"); and
. WIREREAS, 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 contract with Consultant to -provide the Services, as
more fully described in Attachment "A" which is attached hereto; and
WHEREAS, the City desires to enter into an Agreement with Consultant to provide the
Services in a total amount. not to exceed Twenty Five Thousand Dollars ($25,000.00) in
accordance with the attached fee proposal, attached hereto as Attachment "A
NOW THEREFORE, in consideration of the promises and the mutual covenants•herein
name, the parties agree as follows:
1. RECITALS. The Recitai's set forth above are hereby incorporated into this Agreement
and made a part hereof for,reference.
2. SERVICES. Corrsultant agrees to furnish all labor and materials in a good
workmanlike and professional manner and to perform the Services designated in Attachment
"A" attached hereto, and incorporated herein by reference.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Section $ hereunder, this Agreement shall cotomence frbrn the issuance of a Ngtice to
Proceed from the City Manager or his designee and shall terminate upon the completion .of
Services. 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
C1415.031 HPF ASSOCIATES, INC.
ATTACHMENT "B" "
City of Sunny Isles Beath 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 9470606 phone (305) 90-311.3 Fax
Sectidns• IS and 16 entitled `indemnification and Waiver of Liability" and "Compliance with
Law" respectively, shall survive termination of this Agreement.
41 COMPENSATION. As the entire corripensation under this Agreement and during .the
terms of -this Agreement, in whatever capacity rendered, the City shalt pay Consultant an
amount not to exceed Twenty Five Thousand Dollars ($25,000.00) in accordance with the fee
proposal, for the performance of the stated Services. Payment to Consultant for all charges and
tasks under this Agreement shall be in accordance with this Agreement and the schedule of
charges reflected in Attachrnent "A", which fee shall be disbursed or, 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
Agrpement will be reviewed by the initiating City Department. If Services have
been rendered in conformity with .the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto, Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
e. A-vailability 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 Cita` 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 maks it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant
further waiTants and represents that it has no -obligation or indebtedness that would impair its
ability to fulfill the terms of this Agreement.
5. INDEPENDENT CONTRACTOR RELATIONSHIP, The Consultant is an
independent contractor and shalt be treated as such for all purposes. Nothing contained in this
Agreement or any action of the paiiies 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 shalt be responsible for anyand 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 set forth in this Agreement. Consultant- shall famish its own
2
C1415-037 IPF ASSOCIATES, INC. ,Q I
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone{305) 949-3111 Fax
transportation, office and other supplies as it determines necessary in carrying out its duties
under this Agreement. Notwithstanding this provision, the City will provide necessary office
space for meetings during rhe term of this Agreement,
6. OWNERSHIP Ob` DOCUMENTS AND EOUIPMENT. All documents prepared by
the Consultant pursuant to this Agreement and related Services to this Agreement are intended
and represented for the ownership of the City only. Any other use by Consultant or other
parties shall be approved in writing by the City. If requested, Consultant shall deliver the
documents to flit City within fifteen (15) calendar days.
7. INSUIRANCE. 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 employees,. as indicated below:
0 Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage
liability with minimum limits of One Million Dollars ($1,000,000) per
occurrence..
❑ Worker's Compensation and employer's..liability coverage, as required pursuant
to Florida law.
Insurance required of the Consultant shall be primary to, and not contribute with, any insurance
or self-insurance maintained by .the. City. Such insurance shall not diminish Consultant's
indemnification and obligations hereunder. The .insurance policy shall be issued by companies
authorized to do business under the laws of the State of -Florida and acceptable to the City with a
minimum A.M. Best rating of A -Excellent. Before any work 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 additlopal insured. All policies
shall contain a waiver of subrogation endorsement; All policies and certificates shall be in
forms and issued by insurance companies acceptable to the City Manager or his designee. All
insurance policies- and certificates of insurance shall provide that the policies may not be
canceled .or altered without thirty (30) days prior written notice to the City. The City reserves
the right front time to time to change the insurance coverage and limits of liability required to be
maintained by Consultant hereunder. Consultant shall also require and ensure that each of its
sub -Consultants providing services hereunder (if any) procures and maintains, until the
completion of the services, insurance of the types and to the limits specified herein. ANY
EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST
BE APPROVED IN WRITING BY THE CITY.
8, TERMINATION AND REMEDIES FOR BREACH.
A. Termination for Convenience. Both parties may, for its convenience and without
C1415•032 HPF ASSOCIATES, MC. ��
City of Sanny.Isles Beach 18070 Collins Avenue, Sunny Isles Beach; Florida 33160
(305) 947-0606 phone (305) 949-3113. Fax
cause terminate the Services then remaining to be performed at any time by
giving either party thirty (30) days written notice
.B. 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 assignrnent for the benefit of
creditors.
9. GOVERNING LAwr AND A—TORNK J a FEES. It is agreed Iliat this Agreement
shall be governed by, construed and enforced in accordance with the laws of the State of
Ftofida. 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 terrn or provision under this
Agreement the prevailing party shall be: entitled to its costs and attorney's fees at the pretrial,,
trial and appellate levels.
10. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term
of this Agreement or any time for if 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 pgson 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 erjjoin 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 here'irt) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a naiionally recognized courier
service, or (iii) by facsimile with confirmation receipt (with a. copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
If to the City: Christopher J. Russo
Witha copy to:
City Manager
Hans Ottinot
City of Sunny Isles Beach
City Attorney
1.&070 Collins Avenue, 4" Floor
City or.Sunny Isles Beach
Sunny Isles Beach, Florida 33160
1.8070 Collins Avenue, 0 Floor
Tel: (305) 10-1701
Sunny Isles Beach,. Florida 33160
Tel: 105 792-1702
If to the Paul T. Abbott, President
Consultant: HPF Associates, Inc..
13400 Running Water Road
Palm Beach -Gardens, Florida 33418
Tel: (561) 630-8284
CI415-031 I -IPF ASSOCIATES, INC. ' ¢,
City of Sunny ,isles Beach 18070 Collins Avenue, Sunny Wes Beach, Florida 33160
(305) 947-0606 phone.(305) 949-3113 Fax
services in the performance of this Agreement including any person for whose acts, .efers, w4di41 O ev
=15ta s or-errrissiL IT the Consultant may be.legally liable.
16. 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.
17. CONFLICTING )PROVISIONS. The terms and conditions in this Agreeinerit'
supersedc any other conflicting provisions that are contained in any other document, 'including
but not limited to Attachment "A".
18. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void add
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 -pro A!ions 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 thesubject matter hereof, and it shall supersede all. previous and contemporaneous
oral and written. negotiations, commitments, agreements and understandings relating hereto,
D. Any modification of this Agreement shall be. effective only if in writing and
signed by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable
unless such waiver is in writing and signed by tht: party granting such ivalver.
6
C1415.032 HPP AMCIATES, INC. �
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone.(305) 949-3113 Fax
12. 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.
13. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state
civil rights ordinances and with Titlo VI of the Civil Rights Act of 1984 as amended, Title VIII
of the Civil Rights Act of 1968 as amended, Title l 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 E;Xecutiye Orders 11375 and 12086.
The Consultant will not discriminate against .any employee or applicant for employment
because of race, color, creed, religion, ancestry, national origin, sex, disability or other
handicap, age, marital/familial status., or status wilh, 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 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 discr'i'minati ri'against the handicapped in -any Federally assisted program.
14. 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 chat 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,
15. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against all claims,
damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and
costs of appellate proceedings) relating to, arising out of or resulting from the Consultant's
negligent acts, errors, mistakes or omissions relating to professional services in the performance
of this Agreement. The- Consultant's duty to defend, hold harmless and indemnify the City, its
agents, representatives, officers, directors, officials- and employees shall arise in connection with
any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease;.death;
or injury to impairment, or destruction of tangible .property including loss of use resulting
therefrom, caused by any negligent acts, �mktakei or -Ow Werra related to professional
5
'C1415-032 HPF ASSOCIATES, INC.
City of Sunnylsles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305).947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
triplicate on the day and year first written above.
WITNESS:
r - �jj, 2 �)__
;r'
i re
Pri I
tName :TASMtM_ ot. - taA104* '
ATTEST:
Y.
ane A. Hi es; MMC, . Ity Clerk
C1.415-012 HPF. ASSOCIATES, INC.
HPF ASS O IATES, INC.
BY:
Fa butt, F� csideut
CITY OI{ SUNNY ISLES BEACH
BY:
Christopher J. Russo, City Manager
APPROVED 4S TO FORM
AND LEGA SUR ICIENCI
BY:
OnMN(Cinotty Attorney
7
HPF ASS C1 C/A TES, INC
January 25, 2015
Mr. Christopher J. Russo
City -Manager Sunny Istes. Beach
18070 Collins Avenue
Sunny Isled Beach, FL
33160
RE: Capital Projects Consulting Services
Dear Mr. Manager;
Ther+k you for the courtesy extended to HPF Associates, Inc. by Invitino us to assist the City
during the period of personnel transition. Our experience with other South Florida communities
with projects of similar complexity puts us in a unique position to provide the services required
aluring this Interim period.
I' have reviewed the memorandums prepared by Heleh. Gray and the Pending Agenda On -Going
Projects to be better familiarized with the priority of completion and to where our Involvement
would be best suited.
First addressing MS Gray's writings, Newoort Pig, and PCP Baseball Turf appear to be projects
we are well versed in and of high priority.
Refemng to the PAOGP document, attached, Items, 2 - 1741h Street Drainage! Stregtscape, 11 -
City Facilities Repair, 17 - Collins Ave Utility Underarounding, 26 -Collins Ave FDOT
Crosswalks, 31- FPL Franchise Agreement (advisory only), 45 - Samson Park Renovation, 47 -
Signaae (advisory only), would be appropriate assignments keeping with the urgency and
priorities noted during our discussions. One area of concern mentioned during our briefing was
the Golden Shores residential area which does not appear on any of the, documents reviewed,
this particular matter would be handled by an HPF associate minimizing the cost of a company
Principal.
i previously forwarded a copy of our present letter agreement with Indian Creek Village and can
provide copies of our formal cogtracts with KeyBiscayne and Golden Beach, on which, our
services with SIB could be "piggy backed".
Our current contractual obligations would allow for us commit approximately twenty (20) hours
per week to SIB projects. We're note assuming thai much time would be required on a consistent
basis, only identifying the available time which we could allot to the assignment.
As noted in the ICV letter via provide our services at an hourly rate, billable monthly. Items such
as travel outside the local area, document reproduction, courier service and similar expenses
would be billed in addition to the hourly rate at direct cost.
Again, thank you for affording HPF this opportunity, we -feet as though we can become an asset
for SIB•both on the short and tong term.
Respectfully submitted,
P7_AU#&
Paul T. Abbott
President
HPF Associates, Inc.
Cc: S. Morris, SIB
13400 Running Water Road Palm Beach Gardens, FL .33418 � � V
HPF ASSOCIATES, INC,
Mr. Christopher Russo
City Manager
City Sunny Isles Beach
18070 Collins AYenue
Sunny lstes Beach
Re: Owners: Representative - Hourly Services Agreement
DW Mr. Russo;
January 16, 2015
Thank you for allowing HPF Associates, Inc the opportunity to serve as the Owneis Representative for
Sunny isles Beac ; on an as needed basis.
We wdlcome the opportunity to provide consulting services to advise, critic, and otherwise overview
projects during planning, document preparation, procurement/award and construction phases and also assist
in soliciting funding for select projects,
Our participation is intended to. be.complenientary,to the design professionals selected by the City for their
respective disciplines and are not to be conside.'red as profe9sional design or engineering services. We will,
at your direction, provide appropriate inspection servlces 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 projects directed by -staff or yourself.
The services of an Owners Representative are intended to.be as an extension of City staff, with one and
,only one goal, thal'being to protect the Owner's (City's) best interest in the timely and cost efficient
completion of an assignment. We bring a third'party overview and level of Inspection that cannot be
provided by the design team. HPF 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 Council, inspecting the progress and quality of work and otherwise repre9enting the City throughout
the duration of any given assignment.
Alt world efforts afforded by HPF will be based on the following hourly rates to be invoiced monthly.
Extensive travel, document duplication and delivery servicas will be invoiced at direct cost in addition to
'tite-expended personnel hours. Keeping In mind the current fiscal challenges facing all govemmental
entities we propose out rates as established in 2009 with Indian Creek Village and the Town of Qolden
Beach as Follows:
Hourly Rates— principal $1501 hour
Inspector $65/hour
Administration $351 hour
All hourly rates are subject to a 7.5 % overhead and profit mark up, reimbursable expenses are billed at
direct cost.
Thank you again for the trust and respect you have afforded our firm:
Very truly yours,
Pr Avyotr-
Paul .T. Abbott
President Authorized Signature
HPF Associates, (no.
Date
13400 Running.Water Rd. Palm Beach Gardens, FC 33418 U
4P �t Fgflg `�
CfTp 4F SI,N 1.''titl
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: Stan Morris, City Manager
DATE: November 16, 2023
RE: Approval of an Eighth Amendment to the Agreement with HPF Associates
Inc.
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The Eighth Amendment to the Agreement with HPF Associates, Inc. includes Executive Managemer
Services to administer the Consultant's various assignments throughout the City including Collim
Avenue/Atlantic Undergrounding Project, and the North Bay Road Emergency Bridge, and variou!
other tasks assigned by the City Manager in an amount not the exceed $330,000.00 for FY23-24.
Additionally, the city wishes to ratify $96,459.69, which has been paid to HPF in excess of the contract
amount, this amount includes payments made in 2015, prior to the first approved resolution in 2015
(R2015-2389).
The $330,000 requested spend for FY23-24 and the ratification brings the total contract amount to
$2,332,039.69.
In October of 2021, the 8th amendment was included and then withdrawn from the agenda, therefore
the 8th amendment was not executed, as reflected in item 10J of such agenda. The item was
withdrawn as it appeared the contract had sufficient funding authority from prior approved
resolutions to proceed.
ADDITIONAL INFORMATION:
Resolution and Agreement to be submitted.
Item Number: 10.M
245