HomeMy WebLinkAboutReso 2005-871
RESOLUTION NO. 2005- S11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH CALVIN GIORDANO AND
ASSOCIATES, INC. FOR THE PROVISION OF PLANNING
AND ZONING SERVICES, IN THE AMOUNT OF ONE
THOUSAND ONE HUNDRED DOLLARS ($1,100.00) PER
WEEK, ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Sunny Isles Beach Planning and Zoning Administrator was promoted to
Assistant City Manager in September 2005; and
WHEREAS, this promotion has left a void in the Planning and Zoning Department; and
WHEREAS, the City of Sunny Isles Beach is in need of a professional to fill this
vacancy and provide planning and zoning services; and
WHEREAS, Calvin Giordano and Associates ("Calvin Giordano") has been working
with the Planning and Zoning Administrator for several years; and
WHEREAS, Calvin Giordano is familiar with the policies, procedures, and ordinances
pertaining to the Sunny Isles Beach Planning and Zoning Department; and
WHEREAS, Calvin Giordano has submitted a proposal to provide Planning and Zoning
Services, in the amount of One Thousand One Hundred Dollars ($1,100.00) per week, 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 Agreement. The City Commission hereby approves the Planning and
Zoning Services Agreement with Calving Giordano and Associates, Inc., in the amount of One
Thousand One Hundred Dollars ($1,100.00) per week, attached hereto as Exhibit "A.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Addendum.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Agreement.
R2005- Planning & Zoning Svcs From Calvin Giordano
Page I of2
Section 4.
Effective Date. This Resolution will become effective upon adoption.
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APPROVED AS TO FORM AND
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Moved by: V\ u.. M~o.r ~\4l..tR..
Seconded by: ~\SS\I;)1.\ t.R. :r<OL~S;~
Vote: 5-0
Mayor Norman S. Edelcup
Vice Mayor Lewis Thaler
Commissioner Roslyn Brezin
Commissioner Gerry Goodman
Commissioner Danny Iglesias
V(Y es)
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V (Yes)
_(No)
_(No)
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R2005- Planning & Zoning Svcs From Calvin Giordano
Page 2 on
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
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
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Police Chief Fred Maas, Interim City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
The Honorable City Commission
Jorge L. Vera, Assistant City Manager X
November 17, 2005 U
Atlantic Avenue Roadway and Drainage Improvements Agreement
RECOMMENDATION
It is recommended that the City Commission adopt the attached resolution approving an
agreement with Calvin Giordano & Associates, Inc. ("CGA") for Atlantic Avenue Roadway and
Drainage Improvements.
REASONS
The Atlantic Avenue area is in need of certain roadway and drainage improvements. This will
be a project of great magnitude, and as such, will require a consultant to oversee the project from
beginning to fruition. In all, the consultant will provide professional land surveying, civil
engineering, electrical engineering, and construction phase services. Major components of those
professional services include: (1) preparation of proposed engineering roadway and
underground drainage design for Atlantic A venue while taking into account location of existing
driveways, sidewalks, right-of-way lines, trees, structures and existing grades; (2) preparation of
a preliminary layout of the proposed roadway and underground drainage for presentation to the
City; and (3) preparation of construction drawings and specifications including paving, grading
and drainage plans in accordance with all applicable codes.
Our Capital Projects Management Consultant, CGA, has agreed to undertake this project. They
have submitted a proposal for services in a total amount not to exceed Fifty-Eight Thousand Two
Hundred Fifty-Four Dollars ($58,254.00).
ADDITIONAL INFORMATION
CGA was qualified and hired as the City's engineering, planning, and capital projects consulting
firm to assist staff with General Municipal Contract Services. To date, they have done a
commendable job for the City.
JL V /iw/pw
Agenda Item \ OE
Date \ \- \r -0.5
Atlantic Ave Roadway & Drainage Improv Agrmt Agenda Memo
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CITY OF SUNNY ISLES BEACH
PLANNING AND ZONING SERVICES AGREEMENT
WITH CALVIN, GIORDANO AND ASSOCIATES
CONTRACT NO. 0506-014
THIS AGREEMENT ("Agreement") entered into this ~day of ~(fh'\bW'2005,
by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a
municipal corporation of the State of Florida, and CALVIN, GIORDANO & ASSOCIATES, INC.,
authorized to do business in the State of Florida (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, the City is in need of a contractor to provide Planning and Zoning Services
("Services"); and
WHEREAS, Contractor is an engineering firm qualified to provide the City with
Professional Planning and Zoning services and support therefore; and
WHEREAS, the City desires to contract with Contractor to provide the Services described in
Exhibit "A", attached hereto and made a part hereof; and
WHEREAS, Contractor is qualified, willing and able to provide the desired Services subject
to the terms and conditions contained herein.
TERMS
NOW THEREFORE, in consideration of the premises and the mutual covenants herein
names, the parties agree as follows:
1. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and
made a part hereof.
2. SERVICES: Contractor agrees to furnish all labor and materials in a good and
workmanlike and professional manner and to perform the Services designated in Exhibit "A"
attached hereto, which is incorporated herein by reference. The Services described in Exhibit "A"
shall be performed by Contractor to the full satisfaction of the City.
Contractor agrees to have a qualified representative to audit and inspect the Services
provided on a regular basis to ensure all Services are being performed in accordance with Exhibit
"A" and shall report to the City accordingly. Contractor agrees to immediately inform the City via
telephone and in writing of any problems that could cause damage to the City's property,
improvements and persons. Contractor will require its employees to perform their work in a manner
befitting the type and scope of work to be performed. In the event that the Contractor fails to
complete performance pursuant to the terms of this contract and City must undertake the completion
of performance of Services, Contractor agrees to indemnify the City for all costs incurred with
respect to the completion of those Services and any damages the City may suffer as a result of the
failure of performance by Contractor.
CGD- Professional Planning & Zoning Services
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3. COMPENSATION: Payment to Contractor for all charges under this Agreement shall
be in accordance with this Agreement and a schedule of charges or tasks reflected in Exhibit "A".
The total amount of compensation shall not exceed $1100.00 per week. The Contractor shall make
no other charges to the City for supplies, labor, licenses, permits, overhead or any other expenses or
costs unless any such expense or cost is incurred by Contractor 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
Contractor.
4. UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are discovered
during the performance of this Agreement, the City shall have the right to cancel this Agreement
upon thirty (30) days written notice to contractor. Upon termination, the City may re-bid the project
if the contractor fails to perform under this Agreement due to the undisclosed conditions.
5. INSURANCE: Contractor 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 Contractor against all loss, claims, damage and liabilities caused by
Contractor, 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
($1,000,000) combined single limit occurrence.
Such insurance shall not diminish Contractors 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. Prior to the execution of this Agreement, and at any time upon
request, Contractor 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 Contractor hereunder.
6. OWNERSHIP OF DOCUMENTS: The parties agree that all documentation and work
product produced pursuant to this Agreement shall become the exclusive property of the City.
7. RELATION TO PARTIES: It is understood and agreed that nothing contained in this
Agreement shall be deemed to create a partnership, joint venture, other association, or an
employer/employee relationship between the Contractor and the City. Contractor shall be in the
relation of an independent contractor and is to have entire charge, control and supervision of the
work to be performed hereunder.
7. COMPLIANCE WITH LAW: Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect to
CGD- Professional Planning & Zoning Services
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1:1
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.
Specifically, Contractors shall comply with all applicable conflict of interest provisions as
provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles (Section
62-16 entitled "Ethics in Public Contracting." As provided in Section 62-16, Code of the City of
Sunny Isles, the City Commission may terminate this Contract for violation of the above-referenced
ethical standards.
8. WAIVER OF LIABILITY /INDEMNITY: The City shall not in any way be answerable
or accountable for any violations of applicable laws or for any injury, loss or damage arising from the
negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor
hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss,
damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole
or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of
its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any
person and destruction of property resulting from the performance or breach by Contractor of its
limits in excess of One Million Dollars ($1,000,000) for claims arising from a single occurrence.
Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or
materialman's lien against the interest of the owner of the property.
9. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of
the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer
of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement
is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate
its obligations to City hereunder without first obtaining the City's consent in writing. Any such
attempted assignment or delegation shall be deemed of no legal force and effect whatsoever.
10. TERM: The term of the Contract shall commence upon execution, and shall terminate
upon completion of work described in Exhibit "A" or upon earlier termination as provided herein.
The City shall have the right to cancel this Agreement, at any time during the term hereof, upon
thirty (30) days notice to the Contractor. Payment will be made only for work completed to the
satisfaction of the City. Contractor is to commence performance of work on the Commencement
Date and continue in a diligent manner until work is complete. Contractor acknowledges that
compliance with the commencement and completion schedule is on the essence of this Agreement.
The terms of Sections 7 and 8 entitled "Compliance with Law" and "Waiver of Liability/Indemnity,"
respectively, shall survive termination of this Agreement.
1 I. 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 herein) (i) by certified or registered mail, first class postage prepaid, return receipt
requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by
facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail,
first class postage prepaid, return receipt requested or by overnight delivery by traditionally
recognized courier service), addressed to such party as follows:
CGD- Professional Planning & Zoning Services
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If to the City: Chief Fred Maas Hans Ottinot
Interim City Manager City Attorney
City of Sunny Isles Beach City of Sunny Isles Beach
18070 Collins A venue 18070 Collins A venue
Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33 I 60.
Ph: 305-792-170 I Ph: 305-792-1702
If to the Contractor: Dennis J. Giordano, President
Calvin Giordano & Associates, Inc.
1800 Eller Drive, Suite 600
Fort Lauderdale, FL 33316
Ph: 954-921-7781
12. GOVERNING LAW: The validity of this Agreement and the interpretation and
performance of all of its terms shall be construed and enforced in accordance with the laws of the
State of Florida, without regard to principles of conflict of laws thereof. The location of any legal
action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade
County, Florida.
13. REMEDIES FOR BREACH: Should Contractor fail to perform, City shall notify
Contractor in writing of such failure to perform and Contractor shall have thirty (30) days of
receiving such notice to cure such failure. If Contractor is unable to cure such failure to perform,
then City shall receive a refund from the Contractor in an amount equal to the actual cost of a third
party to cure such failure. The City may sue for damages in circuit court. If City fails, refuses or is
unable to perform any term of this agreement, City shall pay for services rendered as of the date of
termination.
14. ATTORNEY'S FEES: If this matter is placed in the hands of an attorney for
collection, or in the event suit or action is instituted to enforce any of the terms or conditions of this
agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial court
and appellate court, together with reasonable attorney's fees for the anticipated cost of collection and
judgment enforcement.
15. MISCELLANEOUS:
A. . In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions had
been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with respect
to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written
negotiations, commitments, agreements and understanding relating hereto.
CGD- Professional Planning & Zoning Services
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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 the party granting such waiver.
16. CONFLICTING PROVISIONS: The terms and conditions in this Agreement supersede
any other conflicting provisions that are contained in any other document.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on
the day and year first written above.
::LVIN{U & ASSOCI:S, INC.
-
Dennis J. Giordano, President
ATTEST:
By:
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Jane A. Hines, City Clerk
CITY OF SUNNY ISLES BEACH
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By: / ~ }111LrJ;(j/<<2Mt~V
orman S. Edelcup, Mayor
APPROVED AS TO FORM
AND LE L U ENCY
By:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 (phone)
(305) 949-31 13 (fax)
CGD- Professional Planning & Zoning Services
Page50f5
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Engineering
Construction Engineering
& Inspection
Municipal Engineering
Transportation Planning
& Traffic Engineering
Surveying & Mapping
Planning
Landscape Architecture
& Environmental Services
Construction Services
Indoor Air Quality
Data Technologies
& Development
1 800 Eller Drive, Suite 600
Fort Lauderdale, FL 33316
Phone: 954.921.7781
Fax: 954.921.8807
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Fort Lauderdale
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~EXCEPTIONAL SOLUTIONS
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November 8, 2005
Mr. Jorge Vera,
Deputy City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
RE: City of Sunny Isles Beach Planning and Zoning Services
CGA Proposal No. 05-5283
Dear Mr. Vera,
We are pleased to submit this proposal for Professional Planning Services
for the City of Sunny Isles Beach.
SCOPE OF SERVICES
Calvin, Giordano & Associates, Inc. will perform the following servIces
based on our understanding of the project requirements:
I. Planning and Zoning Services
A. Provide information to the general public as it relates to all land
development activities within the CITY.
B. Provide information to builders and developers as it relates to
policies and procedures within the CITY relative to land planning
with the CITY.
C. Assist with the building permit process with respect to zoning
review. Review all zoning permit applications for conformity to
approved plat, site plan and zoning code. This includes permits for
new construction of principle structures, pools, fences, screen
enclosures, landscape and interior renovations. This does not
include plat or site plan review.
D. Develop policies and procedures regarding all planning and zoning
activities, and develop schedules and time frames for processing all
land development activities (including, but not limited to,
rezoning).
E. Provide information to City Administrator and City Commissioners
on all relevant and applicable planning issues.
F. Provide all internal support services attendant to the above.
SIB
West Palm Beach
Orlando
Fort Pierce
Homestead
Page 2
November 8, 2005
BASIS OF PROPOSAL
. Calvin, Giordano & Associates, Inc. is performing the professional services set forth
in this Agreement strictly as a professional consultant to CLIENT. Nothing contained
in this Agreement shall create any contractual relationship between Calvin, Giordano
& Associates and any contractor or subcontractor performing construction activities
on the project, or any of CLIENT's other professional consultants.
. Calvin, Giordano & Associates, Inc. will ensure that all consultants carry proper
insurance, including professional liability insurance, if appropriate.
Additional Fees
The following services are NOT included in this proposal and will be considered
Additional Services, which will be addressed in a separate contractual agreement. The
services include but are not limited to:
. Professional services required due to conditions different from those itemized under
the Scope of Services or due to events beyond the control of Calvin, Giordano &
Associates, Inc.
SCHEDULE OF FEES
Calvin, Giordano & Associates, Inc. will perform the Scope of Services for an hourly not
to exceed fee as shown in the proposed Schedule of Fees:
PROPOSED SCHEDULE OF FEES
I. Professional Planning and Zoning Services $1,1 OO.OO/week
...,..... - -........ ..
<$1100.00/wee .
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TERMS OF THE AGREEMENT
· Calvin, Giordano & Associates, Inc. is preparing and providing services as outlined in
the scope of services for this Agreement.
· CLIENT agrees to indemnify, hold harmless and, at Calvin Giordano & Associates,
Inc.'s option, defend or pay for an attorney selected by Calvin, Giordano &
Associates, Inc., to defend Calvin Giordano & Associates, Inc., its officers, agents,
servants, and employees against any and all claims, losses, liabilities, and
expenditures of any kind, including attorney fees, any appellate attorney costs, court
costs, and expenses, caused by, arising from or related to any acts, omissions or
negligence of CLIENT or its consultants.
· Calvin, Giordano & Associates, Inc. agrees to indemnify, hold harmless and, at
CLIENT's option, defend or pay for an attorney selected by CLIENT, to defend
CLIENT, its officers, agents, servants, and employees against any and all claims,
losses, liabilities, and expenditures of any kind, including attorney fees, any appellate
SIB
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November 8. 2005
attorney costs, court costs, and expenses, caused by, arising from or related to any
acts, omissions or negligence of Calvin Giordano & Associates, Inc.
. CLIENT agrees to limit Calvin, Giordano, & Associates, Inc.'s liability for any and
all claims that CLIENT may assert on its own behalf or on behalf of another,
including but not limited to claims for breach of contract or breach of warranty, to the
amount of fees paid to Calvin, Giordano & Associates, Inc. pursuant to this
Agreement.
. The terms of Agreement shall be valid for the Client's acceptance for a period of
thirty (30) days from the date of execution by Calvin, Giordano & Associates, Inc.
after which time this contract offer becomes null and void if not accepted formally
(evidenced by receipt of an executed copy of this document). All rates and fees
quoted in this document shall be effective for a period of six (6) months, after which
time they may be renegotiated with the CLIENT.
. Invoices for work accomplished to date will be submitted monthly and are payable
within thirty (30) days. The CLIENT will pay invoices upon receipt and understands
interest charges of 1.5% per month will be applied to any unpaid balance past thirty
(30) days. Calvin, Giordano & Associates, Inc. may elect to stop work until payment
is received. If work is stopped for thirty (30) days or more, Calvin, Giordano &
Associates, Inc. may request compensation for start-up costs when work resumes.
. The CLIENT or their representative shall be available to meet with Calvin, Giordano
& Associates, Inc. and provide decisions in a timely manner throughout the course of
the project. The CLIENT will provide all plans and other pertinent information,
which are necessary for Calvin, Giordano & Associates, Inc. to provide complete
professional services as outlined in this contract.
. Calvin, Giordano & Associates, Inc. and the CLIENT agree by their signatures on this
document that each party will not hire or attempt to hire any staff from the other party
while under contract together.
MISCELLANEOUS PROVISIONS
. Unless otherwise provided, this Agreement shall be governed by the law of the place
where the project is located.
. CLIENT and Calvin, Giordano & Associates, Inc., respectively, bind themselves,
their partners, successors, assigns, and legal representatives to the other party to this
Agreement and to the partners, successors, assigns, and legal representatives of such
other party with respect to all covenants of this Agreement. Neither CLIENT nor
Calvin, Giordano & Associates, Inc. shall assign this Agreement without written
consent of the other.
· This Agreement represents the entire and integrated agreement between the CLIENT
and Calvin, Giordano & Associates, Inc. and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Calvin, Giordano & Associates,
Inc. and the CLIENT.
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November 8. 2005
TERMINATION OF THE AGREEMENT
. This Agreement may be terminated by either party upon not less than seven (7) days
written notice should the other party fail substantially to perform in accordance with
the terms of this Agreement through no fault of the party initiating the termination.
Failure of CLIENT to make payments to Calvin, Giordano & Associates, Inc., in
accordance with this Agreement, shall be considered substantial nonperformance and
cause for termination.
. In the event of termination in accordance with this Agreement or termination not the
fault of Calvin, Giordano & Associates, Inc., Calvin, Giordano & Associates, Inc.
shall be compensated for services properly performed prior to receipt of notice of
termination, together with Reimbursable Expenses then due.
We appreciate the opportunity to submit this proposal. Calvin, Giordano & Associates,
Inc. is prepared with the necessary manpower to proceed with the proposed scope of
services upon receipt of the executed authorization. Our personnel are committed to
completing the project in a timely manner. Please indicate your acceptance of this
proposal by signing below and returning one executed copy of the contract to this office.
We look forward to working with you in making this project a success.
Sincerely,
CALVIN, GIORDANO & A~OCIATES, INC.
~SWv/
Shelley Eichner, AICP
Vice President
SE\ln
Attachment
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November 8, 2005
I Cost of these services are $l,lOO/week
ACCEPTANCE OF CONTRACT
Calvin, Giordano & Associates, Inc.
BY:~&~)
/ -
Name: Shelley Eichner, AICP
Title: Vice President
City of Sunny Isles Beach
\?Y+r t-U~-
~rge Vera
Title: ~ City Manager
As~~
P:\ProposalsI2005 Proposalsl05-5283 Sunny Isles Beach P & Z Services.doc
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