Loading...
HomeMy WebLinkAboutReso 2006-949 RESOLUTION NO. 2006 - ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH O'LEARY RICHARDS DESIGN ASSOCIATES, INC., ("O'LEARY RICHARDS") FOR PLAN REVIEW SERVICES FOR THE BUILDING AND PLANNING AND ZONING DEPARTMENTS, IN A TOTAL AMOUNT OF UP TO TWENTY THOUSAND DOLLARS ($20,000.00) PER YEAR, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is in need of a landscape architect to perform plan review services for the building and planning and zoning departments; and WHEREAS, the City issued and advertised Request for Qualifications No. 06-03-01 Landscape Architectural Firms; and WHEREAS, the City received six (6) responses to Request for Qualifications No. 06-03- 01 Landscape Architectural Firms; and WHEREAS, after due consideration and evaluation, the City qualified and ranked the landscape architectural firms to perform landscape architectural services for the City as follows: 1) O'Leary Richards Design Associates, Inc.; 2) EDA W, Inc.; and, 3) Calvin Giordano and Associates, Inc.; and WHEREAS, staff has solicited a fee schedule for the provision of said plan review services from the three qualified landscape architectural firms; and WHEREAS, staff has determined the proposal from O'Leary Richards is in the best interests of the City; and WHEREAS, the City wishes to enter into an Agreement with O'Leary Richards for plan review services for the building and planning and zoning depmtments, in a total amount not to exceed Twenty Thousand Dollars ($20,000.00) per year, 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 Agreement with O'Leary Richards Design Associates, Inc. for the provision of plan review services for the building and planning and zoning departments, in a total amount not to exceed Twenty Thousand Dollars ($20,000.00), attached hereto as Exhibit "A", be and the same, is hereby approved. R2006- O'Leary Plan Review Svcs To $20,000 Page I of2 Section 2. Authorization of Mayor. The Mayor IS hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20th day of July 2006. q ATTEST: ~A~ Jane A. Hines, City Clerk AS TO FORM FICIENCY: Moved by: CbV\l\ ~J..hA IlH'J E.R .I<DL'l.SJItM' Seconded by: Com~tJNfJ2. ~/l\i-U Vote: S-O Mayor Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler ~Yes) V'(Y es) t7"(Y es) -VCYes) ECYes) _(No) _(No) _(No) _(No) _(No) R2006-0'Leary Plan Review Svcs To $15,000 Page 2 01'2 OF SU"" CITY OF SUNNY ISLES BEACH LANDSCAPE ARCHITECTURAL SERVICES CONSULTANT AGREEMENT CONTRACT NO. 0506-62 THIS AGREEMENT, entered into this 2 O'*1_day of _q-u I'L _2006, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City") and O'LEARY RICHARDS DESIGN ASSOCIATES, INC., (ORDA), (hereinafter referred to as the "Consultant"). RECIT ALS WHEREAS, the City is in need of a consultant to provide landscape architectural plan review services; and WHEREAS, the Consultant represents that it has expertise in various landscape architectural services including, but not limited to, plan review and consulting on landscape maintenance; and WHEREAS, the City desires to retain Consultant to perform these 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, consulting services in connection with the scope of 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 under this Agreement shall be in accordance with this Agreement and a schedule of charges reflected in Attachment "A" in an amount not to exceed Twenty Thousand Dollars ($20,000.00). 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] of5 FINAL Landscape - O'Leary Richards Design Assoc., Inc. SIB 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 pal1ies 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 undel1aken 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 f0l1h 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. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. 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. 7. INDEMNIFICA TION. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, and 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 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 (] 0%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 8. TERMfNA TION. 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 (] 0) days to cure such default. If the default remains uncured after ten (l 0) 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. FINAL Landscape - O.l.eary Richards Design Assoc.. Inc. Page 2 of 5 SIB (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. 9. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Consultant shall not subcontract, assign or transfer any work under this agreement without 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. ] O. 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 or acts of God which render the performance of the Consultant's duty impracticable. II. 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. l2. 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. 13. 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 FINAL Landscape - O'Leary I~ichards Design Assoc.. Inc. Page 3 of 5 (\ I B' 0. ' 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. ] 4. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given \vhen sent postage prepaid by registered or certified mail, return receipt requested and, if intended for City one to A. John Szerlag, City Manager and one to Hans Ottinot, City Attorney, at City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, and if intended for the Consultant, shall be addressed to Kathryn O'Leary Richards, 11400 Southwest 101" Avenue, Miami, Florida 33176, (305) 790-764l phone and (305) 235- 2886 fax. ] 5. GOVERNING LA W. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 16. 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. l7. NON-DISCRIMINA TlON. The Consultant agrees to comply \vith all local and state civil rights ordinances and with Title VI of the Civij Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of ] 968 as amended, Title ] 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 ] 975, Executive Order I ] 063, and with Executive Order] l248 as amended by Executive Orders ll375 and l2086. 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. 18. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-ll.l, as amended; and by the City FINAl. I.andscape - O'l.eary Richards Design Assoc.. Inc. Page 4 of 5 SIB 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. ] 9. CONFLICTING PROVISIONS. The terms and conditions in this agreement supercede any other conflicting provisions that are contained in any other document. 20. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement 111 duplicate on the day and year first written above. WITNESSES: O'LEARY RICHARDS ASSO IATES: DESIGN ~ ~ \\nCGu.a.. LtID~ BY: BY: FORM AND .r1~~~\ F~ FINAL Landscape - O'Leary Richards Design Assoc., Inc. Page50f5 SIB O'Leary Richards Design Associates, Inc. Landscape Architecture & Planning 11400 Southwest 107th Avenue Miami, Florida 33176 Phone: 305.790.7641 Fax: 305.235.2886 Member of the American Society of Landscape Architects RECEIVED JUN 2 9 2006 0Ilr or Sunny Isles Beach .--9Nlc& 01 tht> Clty Clerk June 26, 2006 Ms. Jane Hines, City Clerk City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Re: Landscape Architectural Firms RFQ No. 06-03-01 Dear Ms. Hines: Thank you for the opportunity to provide you with a fee schedule for our firm. Our hourly rates are as follows: Landscape Plan Review Senior Landscape Architect $ 130.00/hr. Median and Right-ai-Way Landscape Consulting Senior Landscape Architect . Landscape Architect Cadd Technician $] 30.00/hr. $110.00/hr. $ 65.00/hr. Please let me know if you reqUire any additional information. Looking forward to working with you, I am Very truly yours, ~' ~'I"! ~ . '.f' '1 , I.. .~_ ~ Lt. _.' 'i cell/Ai: . .'~ . Kathryn 'Leary Ric Attachment "A" s\~ City Commission Norman S. Edelcup Mayor Roslyn Brezin Vice Mayor Gerry Goodman Commissioner Danny Iglesias Commissioner Lewis J. Thaler Commissioner A John $zerlog City Manager Hans Ottino! City Attorney Jone A Hines City Clerk July 27, 2006 Kathyrn O'Leary Richards O'Leary Richards Design Associates 11400 S.W. I071h Avenue Miami, Florida 33176 Re: Plan Review Services Agreement with O'Leary Richards Dear Ms. Richards: At its regular meeting of July 20, 2006, the City Commission adopted Resolution No. 2006-949, which approved a Plan Review Services Agreement with O'Leary Richards Design Associates, Inc. Enclosed are the three (3) original agreements for execution by you and two witnesses. Upon completion, please return all three (3) originals to my attention. We will then finalize processing of the agreements and return an original, executed agreement and a copy of the approving resolution to you. Thank you. Very truly yours, Priscilla Walker Deputy City Clerk Enclosures cc: A. John Szerlag City Manager (w/o attachments) Hans Ottinot, City Attorney (w/o attachments) Jorge L. Vera, Assistant City Manager (w/o attachments) Shaun Gelvez, Contracts Administrator (w/o attachments) Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax O'Leary Plan Review Svcs Agrmt For Sig Ltr