HomeMy WebLinkAboutReso 2002-437
RESOLUTION NO. 2002-!l3.,
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A
CONTRACT, ATTACHED HERETO AS EXHIBIT "A", BY
AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND
THE FIRM OF CALVIN, GIORDANO, AND ASSOCIATES,
INC., CERTIFIED PLANNERS, TO ASSIST WITH THE
COMPLETION OF THE LAND DEVELOPMENT
REGULATIONS, WAIVING ALL BIDDING REQUIREMENTS
OF ORDINANCE NO. 97-10; AUTHORIZING THE CITY
MANAGER TO EXECUTE AND EFFECTUATE SAID
CONTRACT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is desirous of completing of its Land Development Regulations in an
expeditious manner, contracting outside counsel to accomplish this task; and
WHEREAS, the City is in need of a certified planner to assist with the completion of this
project; and
WHEREAS, staff has determined that Calvin, Giordano, and Associates has the expertise,
time and resources to complete this project; and
WHEREAS, Calvin, Giordano, and Associates, Inc. has submitted a proposal for the above
referenced task, in an amount ofTen Thousand Dollars ($10,000.00), plus costs, and for on-going
services at the hourly rate on the enclosed schedule, attached hereto as Exhibit "A";
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Contract. The contract by Calvin, Giordano, and Associates, Inc. for
assistance in preparation of the Land Development Regulations, in the amount of Ten Thousand
Dollars ($10,000.00), plus costs, and on-going services at the hourly rate on the enclosed schedule,
attached hereto as Exhibit "A", be, and the same, is hereby approved.
Section 2. City Manager Authorized to Execute. The City Manager is hereby authorized to
execute the contract and to take whatever action is required to effectuate the proposed terms and
conditions contained in said Exhibit "A".
Section 3.
Effective Date. This Resolution is effective upo
PASSED AND ADOPTED this 18th day of April 20 .
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APPROVED AS TO FORM AND
LEGAL SUFFIC CY
Vote: 5-0
Mayor Samson
Vice Mayor Iglesias
Commissioner Edelcup
Commissioner Goodman
Commissioner Kauffman
'b}Y es)
v (Yes)
~Yes)
~{Y es)
~Yes)
~=:~::r~y ~:::~i:~~~ ~~p!J
_(No)
_(No)
_(No)
_(No)
_(No)
2
CITY OF SUNNY ISLES BEACH
LAND DEVELOPMENT REGULATIONS
PROFESSIONAL PLANNING SERVICES
CONSULTANT AGREEMENT
THIS AGREEMENT, entered into this \ <b~ day of ~{, \ 2002, by and
between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City") and
CALVIN, GIORDANO & ASSOCIATES (hereinafter referred to as the "Consultant").
RECITALS
WHEREAS, the City is in need of certain planning consultant services; and
WHEREAS, the Consultant represents that it has expertise, time, and resources to assist
in the completion of the land development regulations and on-going projects;
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, consulting services
advice in connection with the services as more particularly 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 8 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. 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". 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.
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,
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Planning Svcs - Calvin, Giordano
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:
Errors and Omissions Insurance of One Million Dollars ($1,000,000.00) and
General Liability Insurance of One Million Dollars ($1,000,000.00), 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 ~hall 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
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
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Planning Svcs - Calvin, Giordano
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 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 and as otherwise directed by the City Manager or his designee. A reasonable
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Planning Svcs - Calvin, Giordano
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. WANER 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
Dennis J. Giordano, President, Calvin, Giordano & Associates, Inc., 1800 Eller Drive, Suite
600, Ft. Lauderdale, Florida 33316, (954) 921-7781 phone and (954) 921-8807 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.
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Planning Svcs - Calvin, Giordano
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 VIll 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.
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Planning Svcs - Calvin, Giordano
IN WITNESS WHEREOF, the parties hereto have executed this Agreement III
duplicate on the day and year first written above.
WITNESSES:
CALVIN, GIORDANO & ASSOCIATES,
IN c.:
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Delmis J. Giordano, President
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CITY~ES BEACH
BY: d~
Christopher J. Russo, City Manager
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 60f6
Planning Svcs - Calvin, Giordano
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Reply 10:
a' HlOO Eller Drh'e
Suite 600
Fort Lauderdale, Florida 3 H 16
(9;4) 921-ii81
(9;4) 921-1'\1'\07 lax
o 56l) \'illage Boulevard
Suite HO
We.t Palm Beach. Florida 3 Hl)ll
(;61) 68+6161
(561) 684-6160 fax
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Calvin, Giordano &- Associates, Inc.
Engineers Surveyors Planners
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April 8, 2002
Mr. Chris Russo, City Manager
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
RE: Sunny Isles Beach Land Develo!,ment Regul:atin!!s
CG&A Project No. 02-2509
Dear Mr. Russo:
We are pleased to submit this proposal for Professional Planning Services for the City of Sunny
Isles Beach in connection with the preparation of land development regulations and
administrative procedures for all land development activities within the City, These
regulations are required by statute to implement the City's comprehensive plan.
I. SCOPE OF SERVICES:
TASK 1:
REVIEW AND REDRAFT OF LAND DEVELOPMENT
REGULATIONS
. Review and revise, as necessary, regulations and criteria for land development
activities within the City.
. Review and revise, as necessary, procedures for platting and site planning
including submission requirements.
. Review and revise, as necessary, design criteria and establish minimum criteria.
. Develop concurrency management system. if reql!ired.
TASK 2:
IMPLEMENTATION
REGULATIONS
OF
LAND
DEVELOPMENT
. Coordinate regulations for consistency with implementation of goals. objectives
and policies of the comprehensive plan.
. Ensure all regulations are consistent with all County and state requirements.
II.
BASIS OF COMPENSATION:
Compensation for the referenced work will be a lump sum of $1 0,000. Any additional
fees will be mutually agreed upon.
City of Sunny Isles Beach
P:/Proposals/2002/Sunny Isles Beach Land Development Regulations
April 8. 2002
Page 2
III. TIME OF PERFORMANCE:
Tasks 1 and 2 under the Scope of Service will be accomplished within 2 and 1/2 months from the
date of authorization. This time frame is based on the time frame established by the outside
counsel and the City Attorney's office which we understand is 3 months.
IV. APPROVAL
Submitted by:
CAL VlN, GIORDANO & ASSOCIATES, INC.
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Dennis J. Giordane';'President
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Approved by
~y ISLES BEACH
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CAL VIN9 GIORDANO & ASSOCIATES, INC.
PROFESSIONAL FEE SCHEDULE
Principal 150.00
Executive Assistant 60.00
ENGINEERING CONSTRUCTION
Associate. Enll;ineerinll; 130.00 Associate. Construction 115.00
Director. En~ineerinll; 110.00 Senior Inspector 65.00
Project Mana~er 100.00
Project Enll;ineer 90.00
Resident Inspector 80.00
Engineer 70.00 PLANNING
Senior CADD Technician 65.00 Associate. Planninll; 115.00
CADD Technician 60.00 Assistant Director 80.00
Permit Administrator 60.00 Planninll; Administrator 95.00
Environmental Administrator 85.00
Clerical 55.00 Planner 75.00
Clerical 55.00
SURVEYING
Associate. Surveying 100.00 EXPERT WITNESS
Senior Rell;istered Surveyor 80.00 Principal/Associate 200.00
Survey Coordinator 70.00 Rell;istered Enll;ineer/Surveyor 175.00
CADD Technician 55.00 Project Enll;ineer 100.00
G.P.S. Survey Crew 95.00
Survey Crew 85.00 LANDSCAPE ARCHITECT
GIS Coordinator 90.00 Associate. Landscape 115.00
GIS Technician 60.00 Senior Landscape Architect 85.00
Clerical 55.00 Landscape Architect 75.00
Landscape CADD Technician 60.00
Environmental Specialist 65.00
Environmental Assistant 45.00
In addition to the hourly rates listed above. cha11!es will include direct out-of pocket expenses
such as reproduction, overnight mail, and other reimbursables billed at a multiplier of 1.25.
Effective Date June 5. 2001