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HomeMy WebLinkAboutReso 2002-421 RESOLUTION NO. 2002- 4 A , A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SECOND ADDENDUM TO CONSULTANT AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND O'LEARY DESIGN ASSOCIATES, P.A., ATTACHED HERETO AS EXHIBIT "A", FOR PROFESSIONAL SERVICES ASSOCIATED WITH SIGNAGE AND GRAPHIC DESIGN SERVICES FOR THE MEDIAN AREA ON COLLINS AVENUE (SR AlA), INCLUDING THE WILLIAM LEHMAN CAUSEWAY INTERSECTION, IN A TOTAL AMOUNT NOT TO EXCEED $21,820.00; PROVIDING THE CITY MANAGER THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE SECOND ADDENDUM TO AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is desirous of upgrading its landscape plan for Collins Avenue (SR AlA), including the William Lehman Causeway; and WHEREAS, O'Leary Design Associates, P.A. qualified to provide landscaping services to the City by Resolution No. 2001-338, an Addendum to Agreement by Resolution No. 2001- 389 for the development of a Landscape Upgrade Plan, and the City has an existing Consultant Agreement with O'Leary Design Associates, P.A.; and WHEREAS, the City wishes to amend the existing Agreement to include a Second Addendum, attached hereto as Exhibit "A" with O'Leary Design Associates, P.A., in a total amount not to exceed $21,820.00, for signage and graphic design services for Collins Avenue (SR AlA), including the William Lehman Causeway; WHEREAS, the second addendum is hereby incorporated into the existing agreement, which is attached hereto as Exhibit "B". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of a Second Addendum to Consultant Agreement. The second addendum, attached hereto as Exhibit "A", between the City of Sunny Isles Beach and O'Leary Design Associates, P.A., is hereby approved. Section 2. Authorization of City Manager. The City Manager is hereby authorized to amend the existing agreement with O'Leary Design Associates, P.A. for signage and graphic design services for Collins Avenue (SR AlA), including the William Lehman Causeway, in an amount not to exceed $21,820.00, as reflected in Exhibit "A", and do all things necessary to effectuate the second addendum to the agreement. Section 3. Effective Date. This Resolution will become effective upon adoption. R2002- Second Addendum to Agmt with O'Leary Design Assoc, P,A. 1 PASSED AND ADOPTED this 21st day of February, 2002. ATTJ;:ST:. ~ ;. , (. t~ &i, A~ .U , \:.~~~!.'4~' ~~ ~ Ridtaid B~6..wl-Mo1"iita, City Clerk 1J .' ;. ',' j -# ''\- 1\ ' ' " t :' :~:(~:.' APl>RQ\[Bn;~' TO FORM AND LEGAL SUFFICIENCY: ~o_ L . DannheIsser, CIty Attorney Moved by: Seconded by: Vote: 6-D Mayor Samson Vice Mayor Iglesias Commissioner Edelcup Commissioner Goodman Commissioner Kauffman ~(Yes) V (Yes) V (Yes) V (Yes) ~(Yes) ~~~ C~ f"A~ _(No) _(No) _(No) _(No) _(No) R2002- Second Addendum to Agmt with O'Leary Design Assoc, P,A. 2 ~, Exhibit" A" CITY OF SUNNY ISLES BEACH SIGNAGE AND GRAPHIC DESIGN CONSULTANT SERVICES AGREEMENT - THIS AGREEMENT, entered into this ~ 1!. day of r;:p~~2002, by and between the CITY OF SUNNY ISLES BEACH (hereinafter r~e "City") and O'LEARY DESIGN ASSOCIATES, P.A. (hereinafter referred to as the "Consultant"). RECITALS WHEREAS, the City is in need of professional signage and graphic design consulting services; and WHEREAS, the Consultant represents that it has expertise in providing said services; NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. CONSULTING SERVICES. Consultant shall provide to the City, professional consulting services, in accordance with the fee schedule described in Attachment "A" attached hereto and made a part hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 9 hereunder, the term of this Agreement shall begin upon the execution of this agreement and shall end upon the completion of services described in Attachment "A", and may be extended as necessary, in writing by the parties hereto. 4. COMPENSATION. As the entire compensation to the Consultant for its services to the City outlined in Attachment "A", under and during the term of this Agreement, the City shall pay Consultant fees outlined in Attachment "A" plus reimbursable expenses. For services provided by Consultant beyond those outlined in "Attachment A", under and during the term of this Agreement, the City shall pay Consultant a fee based on an hourly rate schedule plus reimbursable expenses. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and a schedule of charges reflected in Attachment "A". Consultant shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. The 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. Page 1 of6 Signage & Graphic Design Services - meary 2/14/021:59 PM 5. 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 of 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 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 furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 6. INSURANCE. (a) 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, contractors or employees, as more particularly set forth below: General liability insurance, including broad form contractual liability coverage for bodily injury and property damage liability with limits of One Million Dollars ($I,qOO,OOO) combined single limit occurrence. Such insurance shall not diminish Consultants indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. 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 appropriately endorsed for contractual liability with the City named as an 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's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior written notice to the City's Risk Management Department. 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. 7. OWNERSHIP OF 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. 8. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Page 2 of6 Signage & Graphic Design Services - O'leary 2/14/02 1 :59 PM Consultant, agents or other personal entity acting under Consultant's control in connection with the Consultant's performance of services pursuant to that agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 9. TERMINATION. A. If, through any cause within the 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 (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. (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Consultant and the City may reasonably withhold payments 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 City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written notice which shall become effective seven (7) days following receipt by Consultant. The terms of Paragraphs A(i) and (ii) 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 the benefit of creditors. 10. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement with the prior written consent of the City. Should the Consultant subcontract any services under this agreement, it shall be done with continued liability for the Consultant. The Consultant shall remain responsible for services, responsibilities and liabilities of the subcontractor or any person or entity acting under Consultant. Page 3 of6 Signage & Graphic Design Services - O'leary 2/14/02 1 :59 PM 11. TIME OF COMPLETION. The services to be rendered by the Consultant shall be commenced upon execution of this contract and shall be completed within the time specified in this agreement. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by circumstances beyond the reasonable control of the Consultant including weather conditions of acts of God which render the performance of the Consultant's duty impracticable. 12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 13. ARBITRATION. It is the intention ofthe parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration. And their respective attorneys' fees as may be determined by the court on confirmation. 14. 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, 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 in a court of equity for violating such provisions. 15. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by registered or certified mail, return receipt requested and, if intended for City one to Christopher J. Russo, City Manager and one to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and if intended for the Consultant, shall be addressed to William O'Leary, O'Leary Design Associates, P.A., 8525 S.W. 92nd Street, Suite Cll, Miami, Florida 33156, (305) 596-6096 phone and (305) 270-0965 fax. 16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 17. 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. Page 4 of6 Signage & Graphic Design Services - O'leary 2/14/02 1 :59 PM 18. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities 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 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 with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor 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. 19. 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, direct 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. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 20. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. 21. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly incorporated herein by reference, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. Page 5 of6 Signage & Graphic Design Services - O'leary 2/14/02 I :59 PM IN WITNESS WHEREOF, the parties hereto have executed this Agreement In duplicate on the day and year first written above. WITNESSES: 42~~~ BY: CITY OF SUNNY ISLES BEACH BY:~~~ C topher J. Russo City Manager ~ORM AND BY: City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Page 60f6 2/14/02 1:59 PM Signage & Graphic Design Services - O'leary ATTACHMENT "A" WORK AUTHORIZATION NO. 02-260-S SIGNAGE AND GRAPHIC DESIGN SERVICES MEDIANSIRIGHTS-OF-W A Y FOR SUNNY ISLES BEACH, FLORIDA SCOPE OF CONSULTING SERVICES BETWEEN THE CITY OF SUNNY ISLES BEACH, FLORIDA AND O'LEARY DESIGN ASSOCIATES, PA FEBRUARY 1, 2002 WORK AUTHORIZA nON NO. 02-260-S SIGNAGE AND GRAPmC DESIGN SERVICES MEDIANSIRIGHTS-OF-W A Y FOR SUNNY ISLES BEACH, FLORIDA SCOPE OF CONSULTING SERVICES PREAMBLE The Consultant proposes to provide professional services associated with Signage and Graphic Design Services, to include the following: A) Analysis of individual sites to determine existing conditions and vegetation. B) Consultation with and coordination of work of Graphic Designer throughout duration of project. C) Consultations with City Manager and presentation to City Council, as required. D) Consultations with the Florida Department of Transportation and assistance in the permitting process. E) Completion of dimensioned site plans for each sign location. F) Completion of a detailed landscape plan for each sign location. G) Coordinate the bidding and shop drawing Review process. H) Attend site meetings, as needed, with sign contractor and graphic designer to assist in coordinating the work. O'LEARY DESIGN ASSOCIATES., P.A. Landscape Architects WAGE RATE CERTIFICATION DATE: FEBRUARY 1, 2002 PROJECT NO.: 02-260-S PROJECT: SIGNAGE AND GRAPHIC DESIGN SERVICES MEDIANS/RIGHTS-OF-WA Y SUNNY ISLES BEACH, FLORIDA PROJECT MANAGER: WILLIAM A. O'LEARY TASK HOURLY PROPOSAL CLASSIFICATION HOURS RATE DOLLARS 1. PROJECT MANAGER 72 105 $ 7,560.00 2. LANDSCAPE ARCHITECT 34 90 $ 3,060.00 TOTAL DOLLARS 106 $ 10,620.00 REIMBURSABLE EXPENSES (ESTIMATED COSTS) PRINTS/GRAPHICS/INCIDENTALS $ 1,700.00 (TO BE INVOICED AT COST) A. TOTAL ESTIMATED REIMBURSABLE EXPENSES $ 1,700.00 B. SUB-CONSULTANT/ GRAPHIC DESIGN 9.500.00 C, TOTAL DIRECT LABOR $ 10,620.00 TOTAL BUDGET $ 21,820.00 (TOTAL A,B, & C) PREPARED BY WAO 2/1/02 APPROVED BY WAO 211/02 WORK AUTHORIZATION NO. 02-260-S SIGNAGE AND GRAPHIC DESIGN SERVICES MEDIANSIRIGHTS-OF-WAY FOR SUNNY ISLES BEACH, FLORIDA The City of Sunny Isles Beach has requested Work Authorization No. 02-260-S, from O'Leary Design Associates, P.A. to provide professional services to the City of Sunny Isles Beach. Our fee for these professional services will be as follows: Total direct labor expenses Sub-Consultant Services Estimated reimbursable expenses $10,620.00 $ 9,500.00 $ 1,700.00 O'LEARY DESIGN ASSOCIATE, PA CITY: SUNNY ISLES BEACH ATTEST: CITY OF SUNNY ISLES BEACH THROUGH ITS CITY MANAGER ell-l r, It .. t.c.. ,'" ~J J ..... ";/).~lt;; .)~ '-~;:.. ~ ~fCc"", ~r;').,J{~ "nB~ \ :- .'. City lerk C) \ 1'" ,J'o t.'. . ., .~ . .:-. '_ _. .t- Ht "'~?'lItIC~~~OWN-MORILLA ..* r: ~/;~j ..~, BY;~/d. City Manager CHRISTOPHER 1. RUSSO 1-')..i'~ Day Of_t'".e.h,,""'Q , 200').- ACORDN .:PSRTIFICATe:QF :t.IAaltlJ"Y...1N$lJ.RAN9~c~A~~~:.:.....'..' DA~~7~;~r;;~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, COMPANIES AFFORDING COVERAGE PRODUCER WEINSTEIN, JONES & ASSOCIATES 5955 PONCE DE LEON BLVD #101 CORAL GABLES FL 33146 JAY A. WEINSTEIN Phone No. 305 - 665 - 2 622 Fax No. 305 - 665 - 3236 INSURED COMPANY A TERRA NOVA INSURANCE COMPANY COMPANY B O'LEARY DESIGN ASSOCIATES P.A. 8525 S.W. 92 ST. SUITE C-11B MIAMI FL 33156 COMPANY C COMPANY D CO LTR ..........:.:...::,.:.::::. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, T POLICY EFFECTIVE POLICY EXPIRATION 11 DATE (MMIDDIYY) DATE (MM/DDIYY) GENERAL AGGREGATE ... TYPE OF INSURANCE POLICY NUMBER LIMITS A GENERAL LIABILITY f-- X COMMERCIAL GENERAL LIABILITY 8 ~ CLAIMS MADE ~ OCCUR OWNER'S & CONTRACTOR'S PROT AMS600011292 12/12/01 12/12/02 PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Anyone fire) MED EXP (Anyone person) $ 500,000 $ INCLUDED $500,000 $500,000 $ 50,000 $1,000 f-- $500 DED. PER CLAIM f-- AUTOMOBILE LIABILITY f-- COMBINED SINGLE LIMIT $ f-- ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BODILY INJURY . (Per person) $ f-- f-- - BODILY INJURY (Per accident) $ - - PROPERTY DAMAGE $ THE PROPRIETOR! PARTNERS/EXECUTIVE OFFICERS ARE: OTHER RINCL EXCL AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ I $ lWC STATU- I IOTH- TORY LIMITS i ER EL EACH ACCIDENT $ EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE $ '.' ..... GARAGE LIABILITY - ANY AUTO - - EXCESS LIABILITY I UMBRELLA FORM I OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS THE CITY OF SUNNY ISLES BEACH IS INDICATED AS AN ADDITIONAL INSURED. PERT:IF:tPAtE:HQLP~R :. .C~C.Et.;LAt!~::.:::::: : : ::, ... . , . ..... CITY SU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will ENDEAVOR TO MAil ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAil SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVE'~< - " AUTHORIZED REPRESENTATIVE ~ r~.~. . -..,. JAY A. WEINSTEIN CITY OF SUNNY ISLES BEACH 17070 COLLINS AVENUE, #250 SUNNY ISLES BEACH FL 33160 ,#!/.I;,.c. ~~. ,.( e,. 1'1\ filLS :ACORO:2$:S:(jf$~}:": ,',:'............: : : . . : ..','::::', " : . ' , : . , , , , : :, .,., , , .. ...... ............. ................ . .......... . ..........- . :::::::::::::: :~: :ACO~O: CORPORA-TION: 1~es::::: Q, ()-rl8lJcf /Jt!t/1,/J.,j r~/G FROM PHONE NO. 305 669 2539 Feb. 04 2002 05:55PM P2 Tom Graboski ~ssoc. February, 4, 2002 Mr. William A. O'Leary O'Leary Design Associates P .A, Oak Plaza Professional Center 8525 SW 92"4 Street. Suite ell Miami, FL 33156 Re: Envlronmental Signage and Graphic Design Services for Entry Feature stgnage for the City 0/ Sunny Isles Beach, Plorida Dear Mr. 01.eary: We are pleased to present this proposal for environmental signage and graphic design services for a series of entry feature signage for the City of Sunny Isles Beach. Florida, Based on our conversation and review of the photos, etc. we looked at. the scope will be as follows: In collaboration with your office. we win design four lmtry feature signs. one at each of the following locations: a. b. c, d. South Collins Avenue city limits North Collins Avenue city limits At the William Lehman Causeway intersection On Sunny Isles Boulevard on city owned property Our office will develop design concepts for effective communication at each site. The design of this signage win be based on input from your office regarding FDOT permitting requirements, safety issues, and city design criteria. We wiU also assist your office in the preparation of working drawings for aU signage to be manufactured. obtaining of cost estimates for fabrication. securing of bids and obseIVation of fabricator's work. Our fee for these professional services win be $9.500.00. Reimbursable expenses including. but not limited, to renderings, camera ready artwork, photos, digital output, and deliveries will be additional and win not excp.ed .$1,500.00. Please advise this office if the proposal is acceptable. Looking forward to working with you again. I am, Very truly yours. r- ~~' Tom Graboski TOM GRABOSKI ASSOGATES, INC. TG/bd t/,. DD 00 Tom G'Al>08~1 A880cl.lU, Inc, Dellgn 4849 . . . . .. . Ponce De Lea:' eNIl. ':: Suite 401 " Coral Galll~t, . 'F'1o,IIlR 33".&. 305,089,2550 .... , Fa. 3OS,689,2SJlI . .~. ~ ' City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission David Samson, Mayor Lila Kauffman, Vice Mayor Danny Iglesias, Commissioner Connie Morrow, Commissioner Irving Turetsky, Commissioner Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney Richard Brown-Morilla, City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Christopher J. Russo, City Manager c.{l K DATE: RE: November 13,2001 RESOLUTION APPROVING LANDSCAPE UPGRADE CONSULTING SERVICE AGREEMENT WITH O'LEARY DESIGN ASSOCIATES, P.A. RECOMMENDATION It is recommended that the City Commission adopt the attached resolution approving a consulting agreement with O'Leary Design Associates, P.A for professional services associated with the development of a landscape upgrade plan for the median area on Collins Avenue (SRAIA), including the William Lehman Causeway intersection. REASONS The City is desirous of upgrading its landscape plan for Collins Avenue (SRAIA), including the William Lehman Causeway. Upgrading the existing landscape plan will involve a three-part process (1) completion of landscape bid documents, (2) a bidding phase, and (3) a construction phase, for which the City will assume certain responsibilities, such as engineering plans, if necessary. Each process is detailed in the attached work order. ADDITIONAL INFORMATION O'Leary Design Associates, who was "qualified" to provide landscaping services to the City by Resolution No. 2001-338, has submitted a proposal for the above task. The fees in the proposal are consistent with those approved by Resolution No. 2001-338. Also, there is a pending Eighty Five Thousand Dollar ($85,000,000) FDOT grant for a portion of the work to be performed at the William Lehman Causeway. Respectfully submitted, Christopher J. Russo City Manager CJR/pw O'leary Landscape Upgrade Agenda Memo Exhibit "B" RESOLUTION NO. 2001- 3~'L A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN ADDENDUM TO CONSULTANT AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND O'LEARY DESIGN ASSOCIATES, P.A., ATTACHED HERETO AS EXHIBIT "A", FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE DEVELOPMENT OF A LANDSCAPE UPGRADE PLAN FOR THE MEDIAN AREA ON COLLINS AVENUE (SR AlA), INCLUDING THE WILLIAM LEHMAN CAUSEWAY INTERSECTION, IN A TOTAL AMOUNT NOT TO EXCEED $42,300.00, PLUS REIMBURSABLE EXPENSES IN AN AMOUNT NOT TO EXCEED $1,500.00; PROVIDING THE CITY MANAGER THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is desirous of upgrading its landscape plan for Collins Avenue (SR AlA), including the William Lehman Causeway; and WHEREAS, O'Leary Design Associates, P.A. qualified to provide landscaping services to the City by Resolution No. 2001-338 and the City has an existing Consultant Agreement with O'Leary Design Associates, P.A.; and WHEREAS, the City wishes to amend the existing Agreement to include an Addendum, attached hereto as Exhibit "A" with O'Leary Design Associates, P.A., in a total amount not to exceed $42,300.00, plus reimbursable expenses in an amount not to exceed $1,500.00, to upgrade the City's landscape plan for Collins Avenue (SR AlA), including the William Lehman Causeway; WHEREAS, the addendum is hereby incorporated into the existing agreement, which is attached hereto as Exhibit "B". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of an Addendum to Consultant Agreement. The addendum, attached hereto as Exhibit "A", between the City of Sunny Isles Beach and O'Leary Design Associates, P.A., is hereby approved. Section 2. Authorization of City Manager. The City Manager is hereby authorized to amend the existing agreement with O'Leary Design Associates, P.A. for the upgrade of the City's landscape plan for Collins Avenue (SR AlA), including the William Lehman Causeway, in an amount not to exceed $42,300.00, plus reimbursable expenses in an amount not to exceed $1,500.00, as reflected in Exhibit "A", and do all things necessary to effectuate the agreement. Section 3. Effective Date. This Resolution will become effective upon adoption. R2001- Addendum to Agmt with O'Leary Design Assoc, P.A. 1 PASSED AND ADOPTED this 13th day of November, 2001. A TTES:T~' :. (' . .\.. I I "". ~ .. .' -. ' ", " \, \.. ~~~~ ,. , Ri~hatd BrbWh-Mofitla, City Clerk .. ~. " It. J ! J.... I :, \ ' " 'App~oved As to}'orm and Legal ~Sufticiency: ~ser, City Attorney Moved by: Com VY'\\ S ~ \ 0 IJ W LoL E5: liftS Seconded by: LOMt't\\ ~ S) t)tJ~ ~ohr't\A-fJ Vote: 5-0 Mayor Samson Vice Mayor Kauffman Commissioner Edelcup Commissioner Goodman Commissioner Iglesias ~(Yes) ~(Yes) ~(Yes) ~(Yes) ---1L.(Y es) _(No) _(No) _(No) _(No) _(No) R2001- Addendum to Agmt with O'Leary Design Assoc. P.A. 2 TO: FROM: DATE: RE: City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission David Samson, Mayor Lila Kauffman, Vice Mayor Danny Iglesias, Commissioner Connie Morrow, Commissioner Irving Turetsky, Commissioner Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney Richard Brown-Morilla, City Clerk MEMORANDUM The Honorable Mayor and City Commission If) Christopher J. Russo, City Manager ~~ , '-... November 13,2001 RESOLUTION APPROVING LANDSCAPE UPGRADE CONSULTING SERVICE AGREEMENT WITH O'LEARY DESIGN ASSOCIATES, P.A. RECOMMENDATION It is recommended that the City Commission adopt the attached resolution approving an addendum to the Miscellaneous Consulting Agreement with O'Leary Design Associates, P .A, for professional services associated with the development of a landscape upgrade plan for the median area on Collins Avenue (SRAIA), including the William Lehman Causeway intersection. REASONS The City is desirous of upgrading its landscape plan for Collins Avenue (SRAIA), including the William Lehman Causeway. Upgrading the existing landscape plan will involve a three-part process (1) completion of landscape bid documents, (2) a bidding phase, and (3) a construction phase, for which the City will assume certain responsibilities, such as engineering plans, if necessary. Each process is detailed in the attached work order. ADDITIONAL INFORMATION O'Leary Design Associates, who was "qualified" to provide landscaping services to the City by Resolution No. 2001-338, has submitted a proposal for the above task. The fees in the proposal are consistent with those approved by Resolution No. 2001-338. Also, there is a pending Eighty Five Thousand Dollar ($85,000,000) FDOT grant for a portion of the work to be performed at the William Lehman Causeway. Respectfully submitted, Christopher J. Russo City Manager CJR/pw O'leary Landscape Upgrade Agenda Memo EXHIBIT 'A' WORK AUTHORIZATION NO. 01-255-S COLLINS A VENUE/SR AlA LANDSCAPE UPGRADE PLAN FOR SUNNY ISLES BEACH, FLORIDA SCOPE OF CONSULTING SERVICES BETWEEN THE CITY OF SUNNY ISLES BEACH, FLORIDA AND O'LEARY DESIGN ASSOCIATES, P A OCTOBER 1, 2001 EXHIBIT' A' WORK AUTHORIZATION NO. 01-255-S COLLINS A VENUE/SR AlA LANDSCAPE UPGRADE PLAN FOR SUNNY ISLES BEACH, FLORIDA SCOPE OF CONSULTING SERVICES The Consultant proposes to provide professional services associated with the development of a Landscape Upgrade Plan for the median areas only on Collins A venue/SR AlA, including the William Lelunan Causeway intersection and will include the following Landscape Architectural Services: I) Complete Landscape Bid Documents to include the following: . Inventory existing vegetation to determine suitability of retention, removal, or relocation. . Prepare detailed landscape plans defIDing the location, variety, size, quality, and quantity of all specified vegetation. ' . Consultation with sub-surface irrigation supplier and maintenance contractor for purpose of evaluating the condition of the existing irrigation system. (These services do not include the design of a new irrigation system in any area within the project limits). . Prepare a Statement of Probable Construction Cost. . Attend all required meetings with City staff and the Developers Landscape Beautification Committee. Scope of Services Page tWo Re: Collins Avenue/SR AlA/Landscape Upgrade Plan · Review other consultants landscape plan, for the Lehman Causeway area, to determine compatibility with the overall design concept. · Assist the City of Sunny Isles Beach in securing the required FDOT permit. II) Bidding Phase · The Consultant shall assist the City of Sunny Isles Beach in securing competitive bids for this project. · These services will include attendance at a pre-bid conference, answering of bidders questions during Bidding Phase, issue addenda, evaluation of competitive bids, and written recommendation of successful bidders. III) Construction Administration Phase · Attend pre-construction "kick-off' meeting. · Attend all coordination meetings with City and Florida Department of Transportation. · Perform periodic observations during the construction process. · Complete all meeting minutes and project correspondence. · Review and approve contractor's shop drawings and payment requisitions. · Complete final inspection and fmal punch-list and issue Notice of Acceptance to contractor. IV) Responsibility of the City of Sunny Isles Beach, Florida · Any required engineering plans, including, but not limited to, Maintenance of Traffic Plans. O'LEARY DESIGN ASSOCIATES., P.A. Landscape Architects WAGE RATE CERTIFICATION DATE: OCTOBER 1, 2001 PROJECT NO.: 01-255-S PROJECT: COLLINS AVENUE AlA LANDSCAPE UPGRADE PLAN SUNNY ISLES BEACH, FLOIDA PROJECT MANAGER: WILLIAM A. O'LEARY CONSTRUCTION DOCUMENT PHASE TASK HOURLY PROPOSAL CLASSIFICATION HOURS RATE DOLLARS 1. PROJECT MANAGER 146 105 $ 15,330.00 2. LANDSCAPE ARCHITECT 209 90 $ 18,810.00 BIDDING/CONSTRUCTION ADMINlSTRA TION PHASE 1. PROJECT MANAGER 64 105 $ 6,720.00 2. LANDSCAPE ARCHITECT 16 90 $ 1,440.00 TOTAL HOURS 435 ITOT AL DOLLARS $ 42,300.00 I REIMBURSABLE EXPENSES (ESTIMATED COSTS) PRINTS/GRAPHICS/INCIDENTALS $ (TO BE INVOICED AT COST) 1,500.00 A. TOTAL ESTIMATED REIMBURSABLE EXPENSES $ 1,500.00 B. TOTAL DIRECT LABOR $ 42,300.00 TOTAL BUDGET (A&B) $ 43,800.00 PREPARED BY WAO 10/1/01 APPROVED BY WAO 10/1/01 WORK AUTHORIZATION NO. 01-255-S COLLINS A VENUE AlA LANDSCAPE UPGRADE PLAN FOR SUNNY ISLES BEACH, FLORIDA The City of Sunny Isles Beach has requested Work Authorization No. 001-255-S, from O'Leaty Design Associates, P.A. to provide professional services to the City of Sunny Isles Beach. Our fee for these professional services will be as follows: Total direct labor expenses Estimated reimbursable expenses $42,300.00 $ 1,500.00 O'LEARY DESIGN ASSOCIATES, P.A. By: WILLIAM A. O'LE CITY: SUNNY ISLES BEACH A TIEST: CITY OF SUNNY ISLES BEACH THROUGH ITS CITY MANAGER By~~~~L{" , ~ City ClerK ' ~ RICHARD BROWN-MaRILLA BY~~~ City Manager CHRISTOPHER J. RUSSO I 3+h Day of f\J~v e ~Y\b e-v' ,2001 APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~ Lynn Dannheisser, City Attorney Exhibit "8" CITY OF SUNNY ISLES BEACH CONTINUING CONSULTANT SERVICES AGREEMENT THIS AGREEMENT, entered into this 1;3 M day of'> ~ ~1 2001, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City'') and O'LEARY DESIGN ASSOCIATES, P.A. (hereinafter referred to as the "Consultant"). RECITALS WHEREAS, the City is in need of professional landscaping architectural services from time to time and desires to enter into a continuing contract with the Consultant; and WHEREAS, the Consultant represents that it has expertise in providing the landscaping architectural services; NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. CONSULTING SERVICES. Consultant shall provide to the City, professional consulting services, in accordance with the fee schedule described in Attachment "A" attached hereto and made a part hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 9 hereunder, the term of this Agreement shall begin upon the execution of this agreement and shall end upon the completion of services described in Attachment "A", and may be extended as necessary, in writing by the parties hereto. 4. COMPENSATION. A. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and a schedule of charges reflected in Exhibit "A". Consultant shall submit invoices on a monthly basis within ten (10) days following the.end of each calendar month. The 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. B. It is anticipated that these isolated tasks will not cumulatively result in expenditures exceeding $10,000. However, in the event, the total charge by the Consultant Page 1 of6 Landscape Architect Continuing. O'leary approaches that amount, in accordance with Ordinance No. 2000-101, Section 3.1c, the City Manager shall require an approval by the City Commission for such expenditures. 5. 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 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 furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 6. INSURANCE. (a) 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, clai~s, damage and liabilities caused by Consultant, its agents, contractors or employees, as more particularly set forth below: General liability insurance, including broad form contractual liability coverage for _ 4 L bodily injury and property damage liability with limits of 8.~~ I.UE__. B~l1__. CI'/ .f($1~Q9,QQ8) combined single limit occurrence. PlVe. J4UI-JO,tE01JWCI,ttNO Pou..AL~ ,.o~ 00 D t.u~ "..1( -C) I Such insurance shall not diminish Consultants indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. 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 appropriately endorsed for contractual liability with the City named as an 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's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior written notice to the City's Risk Management Department. 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. 7. OWNERSHIP OF 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. 8. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and Page 2 of6 Landscape Architect Continuing - O'leary expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, agents or other personal entity acting under Consultant's control in connection with the Consultant's performance of services pursuant to that agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 9. TERMINATION. A. If, through any cause within the 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 (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. (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Consultant and the City may reasonably withhold payments 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 City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written notice which shall become effective seven (7) days following receipt by .consultant. The terms of Paragraphs A(i) and (ii) 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 the benefit of creditors. 10. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement with the prior written consent of the City. Should the Consultant subcontract any services under this agreement, it shall be done with continued liability for the Consultant. The Consultant shall remain responsible for services, Page 3 of6 Landscape Architect Continuing - 01eary responsibilities and liabilities of the subcontractor or any person or entity acting under Consultant. 11. TIME OF COMPLETION. The services to be rendered by the Consultant shall be commenced upon execution of this contract and shall be completed within the time specified in this agreement. A reasonable extension of time shall be granted in the event the work of the Consultant is delayed or prevented by the City or by circumstances beyond the reasonable control of the Consultant including weather conditions of acts of God which render the performance of the Consultant's duty impracticable. 12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 13. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration. And their respective attorneys' fees as may be determined by the court on confirmation. 14. 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, other than in the discharge of the duties of the Consultant under this Agreement, any information which the City designates in writing as "confidentia1." 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 in a court of equity for violating such provisions. 15. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by registered or certified mail, return receipt requested and, if intended for City one to Christopher J. Russo, City Manager and one to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and if intended for the Consultant, shall be addressed to William O'Leary, O'Leary Design Associates, P.A., 8525 S.W. 92Dd Str~et, Suite Cll, Miami, Florida 33156, (305) 596-6096 phone and (305) 270-0965 fax. 16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Page 4 of6 Landscape Architect Continuing - O'leary 17. 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. 18. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities 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 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 with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor 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 D.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 19. 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, direct or indirectly which should conflict in any manner or degree with th~ 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 Consultapt. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 20. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. 21. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly incorporated herein by reference, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. Page 5 of6 Landscape Architect Continuing - O'leary , IN WITNESS WHEREOF, the parties hereto have executed this Agreement 10 duplicate on the day and year first written above. O'LEARY DESIGN ASSOCIATES: / .' BY: :'11107,"1""< "/:'7. I..IC(1~/ c:. v CITY OF SUNNY ISLES BEACH . /2. By:v/'J/# ~ Christopher J. Russo City Manager :;J..i20~ ~O&~, FORM AND City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Page 6of6 Landscape Architect Continuing. O'leary I()I()A\ O'LEARY DESIGN ASSO€IATES P.A. LANDSCAPE ARCHITECTURE LAND PLANNING URBAN DESIGN GRAPHIC DESIGN August 28, 200 1 Mr _ Christopher Russo City Manager City of Sunny Isles Beach 17070 Collins Avenue Room #250 SwUlY Isles Beach, Florida 33160 Dear Mr. Russo: As discussed, the City of Sunny Isles Beach may require professional Landscape Architectw'al services, on a consulting basis, for various minor tasks and projects. This work is in addition to the two Work Authorizations we presently have (No. 01-249-5 and No. 01- 250-8), Our fee for these professional services will occur only with prior verbal or written authorization from you or designees, and will be based 011 the following hourly rates: Project Manager (William A. O'Leary) Landscape Architect (Kathryn O'Leary Richards) $10S.00/how' $ 90.00/hour Please advise if this proposal is acceptable to you, Thanking you, I am Very truly yours, O'LEARY DESIGN ASSOCIATES, P A WILLIAM A. Q'LEAR Y, F AS LA WAO/cas ~-_." ..... .. _.. ",..........'..~,.''"'...'., _~...ITr"'., QC'C: C ,.., \\.'u.,n CTU'~r:T c" uYC: rl 1 ....'4.....' ~I nOlnA. "'\11 c;.(... ,.",,,\ co.&\(...I..,""'" F * F 10 C,TY OF SUN PaO TO: FROM: DATE: RE: City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949-3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM Mayor and City Commission Christopher J. Russo City p � Y Mana er g February 21, 2002 0 —Y ?. 6 City Commission David Samson, Mayor Danny Iglesias, Vice Mayor Norman S. Edelcup, Commissioner Gerry Goodman, Commissioner Lila Kauffman, Commissioner Christopher J. Russo, City Manager Lynn M. Dannheisser, City Attorney Richard Brown - Morilla, City Clerk APPROVAL OF SIGNAGE AND GRAPHIC DESIGN CONSULTANT AGREEMENT RECOMMENDATION It is recommended that the Commission adopt the attached resolution approving a second addendum to the Continuing Services Consultant Agreement between the City and O'Leary Design Associates, P.A. (•O'Leary), for professional services associated with signage and graphic design services, in an amount of Twenty One Thousand Eight Hundred Twenty Dollars ($21,820.00). REASONS The City is in need of signage that will convey to residents and visitors, especially, that they are entering the City of Sunny Isles Beach. These signs will make a positive statement and assist with our efforts to identify the City and foster community pride. These signs are to be placed at the three primary entrances to the City, Collins Avenue north, Collins Avenue south, and Sunny Isles Blvd. ADDITIONAL INFORMATION O'Leary was "qualified" to provide landscaping and related services to the City by Resolution No. 2001 -338. As such, O'Leary has submitted a proposal for the above task, with fees consistent with those approved by Resolution No. 2001 -338. CJR/JW /pw Agenda Item 9 1� — O'(eary - Signage &Graphic Design Agenda Memo Date 21-21-022-