HomeMy WebLinkAboutReso 2007-1052
RESOLUTION NO. 2007-J..D5;l.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, QUALIFYING AND RANKING
O'LEARY RICHARDS DESIGN ASSOCIATES, INC. ("O'LEARY
RICHARDS"), EDAW, INC. AND CALVIN GIORDONO &
ASSOCIATES, INC. TO PERFORM LANDSCAPE
ARCHITECTURAL SERVICES; AUTHORIZING THE CITY
MANAGER OR HIS/HER DESIGNEE TO ENTER INTO THREE
CONTINUING CONSULTANT AGREEMENTS WITH SAID
LANDSCAPING ARCHITECTURAL FIRMS, IN AN AGGREGATE
AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND
DOLLARS ($250,000.00) FOR FISCAL YEAR 200612007, PROVIDED
SAID AGREEMENTS ARE APPROVED AS TO FORM AND LEGAL
SUFFICIENCY BY THE CITY ATTORNEY; FURTHER
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 issued a Request for Qualifications No. 06-03-01
for Landscape Architectural Firms to perform plan review seryices for the building and planning and
zoning departments; and
WHEREAS, the City desires to qualify and rank thc landscape architectural finns to perform
landscape architectural services for the City in the following order; 1) O'Leary Richards Design
Associates, Inc.; 2) EDA W, Inc.; and, 3) Calvin Giordano and Associates, Inc.; and
WHEREAS, the City wishes to enter into continuing consulting agreements with the ranked
landscape architectural firms for the purpose of providing landscape architectural services for various
projects that may arise throughout the year for, in a total amount not to exceed Two Hundred Fifty
Thousand Dollars ($250,000.00) annually, for various municipal projects; and
WHEREAS, each architectural firm shall submit work authorizations to the City for any
landscaping architectural services to be performed, prior to the delivery of such services.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Firms Oualified and Ranked. The City Commission hereby qualifies and ranks the
landscape architectural firms to perform landscape architectural services for the City in the following
order; 1) O'Leary Richards Design Associates, Inc.; 2) EDA W, Inc.; and, 3) Calvin Giordano and
Associates, Inc.
Section 2. Authorization of City Manager. The City Commission hereby authorizes the City
Manager or his/her designee to enter into three separate continuing consulting agreements with
O'Leary Richards Design Associates, Inc., EDA W, Inc. and Calvin Giordano and Associates, Inc., in
R2007. Oleary Richards Design Assoc Svcs ^grmt ($250000)-Rev I (1-I-07)page 1 of2
a total amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) for fiscal year
2006/2007, provided said agreements are approved as to form and legal sufficiency by the City
Attorney.
Section 3. Further 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 15th day of February 2007.
ATTEST:
)
d~ A-' L
Jane A. Hines,CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL FIC ENCY:
Moved by: (j) f'Y\~~ Gc:il~?J
Seconded by: VI u r{\/iHo IC ~ N.-~
Vote: ~-6
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
-.IL(Yes)
~Yes)
3Yes)
gry es)
_(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2007- Oleary Richards Design Assoc Svcs Agrmt ($250000)-Rev ] (2-1-07)page 2 of2
O'Leary
Richards
Design
Associates,
Inc.
landscape Architecture & Planning
11400 Southwest 107lh Avenue
Miami, Florida 33176
Phone, 305.790.7641
Fax, 305.235,2886
Member 01 the
Amet1can Sodety of l...andsc.lpe Architects
Mr. Doug Haag
Assistant City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
I
~J(
~~
January 31, 2007
Re: Landscape Architectural Firms RFQ No. 06-03-0 I
Dear Mr. Haag:
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
General Landscape Consulting
Senior Landscape Architect
Landscape Architect
$130.00/hr.
$130.00Ihr.
$11O.00Ihr.
Please let me know if you require any additional information. Looking forward to
working with you again, I am
Very truly yours,
Attachmcnt B
EDA W Standard Rate Schcdulc
Effective .January 1,2007
Professional SCI-viccs Ratcs
Staff Leyel
Hourly Rate
Principal
Senior Associates
Associates
Professional Staff
Administrative & Clerical Staff
$250.00
$170.00
$140.00
$110.00
$90.00
Rcimbursablc Expenscs
Project relatcd expenses are in addition to the professional services fees and shall be reimbursed
at 1.0 times actual cost. Such expenses include travel, lodging and subsistence, blueprinting
scrviccs, printing and copying. telc-communications charges, postage and delivery, scale models
and artist renderings. and similar expenses incurred in the intercst of the project.
Private automobile mileage: $0.445 per mile.
Taxes: Any tax and or fees imposed by a laxing authority based upon gross revenues or sales
shall be reimbursable in addition to thc professional services fees.
C:\DoclIlllellfs and Sefling.s\preid\Local Sellill!{s\ Tell/poral)' IlIfemel File.s\OLK87\suI/Jlyislesrales.r(f
'.,m1-!" t, Calvin, Giordano & Associates, Inc.
.~.. {EXCEPTIONAL S0LllTr0NS
, .
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Engineering
Construction EngjnL'('rin~
& Inspection
Municip,ll EngineC'fillg
Transport.ltinn !'Idnning
& Traific Engineering
Sur\t'ving S ,\-Iapping
Planning
landscilpe Archilpclur('
& Em ironment...1 SN\icl'~
ConstruclieJll Ser\ icl's.
Indoor Air Quality
lJal., TechnologiC's
~"" Dl'\t:'lollmenl
[rn('rRenC\ ,\\.ll1,lgPrllt'lll
$cr\iccs
1 BOU Eller Dri\c. Suite (Jon
Forl Laudlmi"l(', FL JJ.\lG
phone: 95.1.l)21.7'7131
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PROFESSIOi'lAL FEE SCHEDULE
Principal 200,00 Executive Assistant
ENGINEERING PLANNING
Associate, Engineering (Vi) ]75.00 Associate. Planning
Director. Engineering (V) 150,00 Director of Planning
Project Manager (IV) 130.00 Planning Administrator
Resident Inspector 120.00 Assistant Director
Project Engineer (III) 120.00 Planner
Engineer (II) 100,00 .Ir. Planner
.lr. Engineer (I) 85.00
Senior CADD Technician Manager 100,00 EXPEHT WITNESS
CADD Technician 80.00 Principal/Associate
Traffic Technician 75.00 Registered Engineer/Surveyor
Permit Administrator 75,00 Project Engine~r
Clerical 70.00
LANDSCAPE AHCHITECT
DATA TECH DEVELOPMENT Associate, Landscape
Associate, Data Tech Dev. 150.00 Senior Landscape Architect
GIS Coordinator 130,00 Environmental Administrator
GIS Specialist 110,00 Landscape Architect
Multi-Media 3D Developer 90.00 Envirollmental Specialist
GIS Technician 80.00 Landscape CADD Technician
Sr. Applications Developer Environmental Assistant
Private 160.00
Public ]60,00 SUHVEYING
Applications Developer Associate, SUlyeying
Private 120.00 Hydrographic Survey Crew
Puhlic 120,00 G,P,S. Surve)' Cre\\
Network Engineer 130.00 Survey Crew
Senior Registered Surveyor
CONSTHUCTlON Survey Coordinator
Associate, Construction 150.00 CADD Technician
Construction Management Director 120.00 Submetcr G.P.S
Senior Inspector 90.00
MICROllIALlINDOOH AIR
EMERGENCY MANAGEMENT QUALITY SERVICES
Director 130.00 Sr. Environmental Scientist
Planner 90.00 Environmental Scientist
.Ir. Planner 75,00
70.00
150,00
130.00
120.00
1]0.00
90.00
75,00
300,00
250.00
200.00
150.00
115.00
1]0.00
100.00
90.00
80,00
70.00
160.00
325,00
]40.00
125.00
130.00
85.00
80.00
65.00
100.00
85.00
III additinll to the IlOllr~r rates listed above. charges will illc/(Ille direct ow-oj-pocket
expe/l.f;es sitch as reproduction, ol'erllight mail, and oIlier rei11lbur.mbles billed al (l
IIIII/Iip/ier of1.25.
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C/ r:ni:Clin:July 1.2006 .)
-.-.---------.------
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Clrl,Hldu
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I It ,"1 \- ~ T l' .~(:
City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
A. John Szerlag
City Manager
Hans Ottinol
City Attorney
Jane A. Hines
City Clerk
18070 Collins Avenue, Sunny Isles Beach, FL -33160
305.947.0606 www.sibfl.net
March 6, 2007
Jason Uyeda, Principal
EDAW,Inc
1688 Meridian Avenue, Suite 303
Miami Beach, Florida 33139
Re:
Landscape Architect Consultant Agreement with EDA W, Inc.
Dear Mr. Uyeda:
At its regular meeting of February 15,2007, the City Commission adopted Resolution
No. 2007-1052, which qualified and ranked landscape architects for the City and
authorized the City Manager to enter into continuing consultant agreements with said
landscaping architectural firms. EDA W, Inc. was one of the three qualified and ranked
firms. Enclosed are a copy of the approving resolution and an original agreement for
your files.
Thank you.
~ y.ours,
. v 00... ~
Priscilla Walker, CMC
Deputy City Clerk
Enclosures
cc: Anice Paul, Administrative Assistant to Finance Director
Shaun S. Gelvez, Contracts Coordinator
Office of the City Clerk (305) 792-1703 Phone (305) 949-3] 13 Fax
Landscape Architects Exec Agrmt Trans Ltr (O'leary. Cga, Edaw)
City Commission
Norman S. Ede\cup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
18070 Collins Avenue, Sunny Isles Beach, FL 33160
305.947.0606 www.sibfl.net
February 23, 2007
Dennis Giordano
Calvin, Giordano & Associates, Inc.
1800 Eller Drive, Suite 600
Ft. Lauderdale, Florida 33316
Re:
Landscape Architect Consultant Agreement with Calvin, Giordano and
Associates, Inc.
Dear Mr. Giordano:
At its regular meeting of February 15, 2007, the City Commission adopted Resolution
No. 2007-1052, which qualified and ranked landscape architects for the City and
authorized the City Manager to enter into continuing consultant agreements with said
landscaping architectural firms. Calvin, Giordano and Associates, Inc. was one of the
three qualified and ranked firms. Enclosed are a copy of the approving resolution and an
original agreement for your files.
Thank you.
Very truly yours,
:-~~~
Priscilla Walker, CMC
Deputy City Clerk
Enclosures
cc: Anice Paul, Administrative Assistant to Finance Director
Shaun S. GeIvez, Contracts Coordinator
Landscape Architects Exec Agrmt Trans Ltr (O'leary, Cga, Edaw)
Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax
City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
18070 Collins Avenue, Sunny Isles Beach, FL 33160
305.947.0606 www.sibfl.net
February 23,2007
Kathryn O'Leary Richards, ASLA
O'Leary Richards Design Associates, Inc.
11400 S.W. lO7'h Avenue
Miami, Florida 33176
Re:
Landscape Consultant Agreement with O'Leary Richards Design
Associates, Inc.
Dear Ms. O'Leary Richards:
At its regular meeting of February 15,2007, the City Commission adopted Resolution
No. 2007-1052, which qualified and ranked landscape architects for the City and
authorized the City Manager to enter into continuing consultant agreements with said
landscaping architectural firms. O'Leary Richards Design Associates, Inc. was one of
the three qualified and ranked firms. As such, enclosed are the three (3) original
agreements for signature and witnessing by O'Leary Richards Design Associates, Inc.
Upon completion, please return the originals to my attention. I 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,
~~uJ~
Priscilla Walker, CMC
Deputy City Clerk
Enclosures
cc: Shaun S. Gelvez, Contracts Coordinator (w/o attachments)
Office of the City Clerk (305) 792-1703 Phone (305) 949-3 J 13 Fax
Landscape Architects - O'leary, Cga, Edaw Ltr
City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
18070 Collins Avenue, Sunny Isles Beach, Fl 33160
305.947.0606 www.sibfl.net
February 23, 2007
Jason Uyeda, Principal
EDA W, Inc
1688 Meridian Avenue, Suite 303
Miami Beach, Florida 33139
Re:
Landscape Consultant Agreement with EDA W, Inc.
Dear Mr. Uyeda:
At its regular meeting of February 15,2007, the City Commission adopted Resolution
No. 2007-1052, which qualified and ranked landscape architects for the City and
authorized the City Manager to enter into continuing consultant agreements with said
landscaping architectural firms. EDA W, Inc. was one of the three qualified and ranked
firms. As such, enclosed are the three (3) original agreements for signature and
witnessing by EDA W, Inc.
Upon completion, please return the originals to my attention. I will then finalize
processing of the agreements and return an original, executed agreement and a copy of
the approving resolution to you.
Thank you.
;riSC;lla Walker, ~
Deputy City Clerk
Enclosures
cc: Shaun S. Gelvez, Contracts Coordinator (w/o attachments)
Office of the City Clerk (305) 792-1703 Phone (305) 949-31 ] 3 Fax
Landscape Architects - O'leary. Cga, Edaw Llr
City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Moyor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
Danny Iglesias
CommIssioner
A. John Szerlag
City Manager
Hans Ottinot
City AHorney
Jane A. Hines
City Clerk
18070 Collins Avenue, Sunny Isles Beach, FL 33160
305.947.0606 www.sibfl.net
February 23, 2007
Dennis Giordano
Calvin, Giordano & Associates, Inc.
1800 Eller Drive, Suite 600
Ft. Lauderdale, Florida 33316
Re:
Landscape Consultant Agreement with Calvin, Giordano and Associates,
Inc.
Dear Mr. Giordano:
At its regular meeting of February 15,2007, the City Commission adopted Resolution
No. 2007-1052, which qualified and ranked landscape architects for the City and
authorized the City Manager to enter into continuing consultant agreements with said
landscaping architectural firms. Calvin, Giordano and Associates, Inc. was one of the
three qualified and ranked firms. As such, enclosed are the three (3) original agreements
for signature and witnessing by Calvin, Giordano and Associates, Inc.
Upon completion, please return the originals to my attention. I 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,
~e-OOt2.-u.J~
Priscilla Walker, CMC
Deputy City Clerk
Enclosures
cc: Shaun S. Gelvez, Contracts Coordinator (w/o attachments)
Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax
Landscape Architects - O'leary, Cga, Edaw Llr
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 II 3 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
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
TO: The Honorable City Commission
VIA:
From:
DATE:
RE:
A. John SzerIag, City Manager
\)~w
Douglas Haag, Assistant City Manager/Finance Division
February 15, 2007
BLANKET RESOLUTION TO EXPEND BUDGETARY AMOUNTS FOR
LANDSCAPE ARCHITECTURE AND PLANNING SERVICES
Continuing forth with our policy established at the January 18, 2007 Commission Meeting, I
would like to request Blanket Authorization to expend funds that are budgeted for Landscape
Architect services. For this fiscal year, we are requesting approval for up to $250,000 for
Landscape Architect Services. Funds are available in Capital Improvement Projects (20-600-
5621) and General Fund (10-539-5348)
We will assign projects to one of the following three qualified firms as established by Resolution
2006-948 on July 20, 2006:
Qualifying and Ranking of Landscape Architects. The City Commission hereby qualifies and
ranks the landscape architectural firms to perform landscape architectural services for the City in
response to Request for Qualifications No. 06-03-01, as follows:
1 O'Leary Richards Design Associates, Inc.,
11400 SW 1 07th Avenue, Miami, FL 33176
2 EDA W, Inc.,
1688 Meridian Avenue, Suite 303, Miami Beach, FL 33139
3 Calvin, Giordano & Associates, Inc.,
1800 Eller Drive, Suite 600, Fort Lauderdale, FL 33316
Cover Memo Landscape Architect Blanket Reso 021507.Doc
Agenda Item 1 6 G
Date 2-\ 5-07
." ..; ..
.'
As before, any project in excess of $25,000.00 wi\1 be subject to a competitive bid process, either
through formal advertisement or requesting a quotation form a short list of consultants.
Please feel free to contaCt me at any time should you have any questions.
Thank you.
ce. John SzerIag, City Manager
Jean Watson, Finance Director
Hans Ottinot, City Attorney
Jorge Vera, Assistant City Manager/Service Division
CITY OF SUNNY ISLES BEACH
LANDSCAPE ARCHITECT CONSULTANT
AGREEMENT WITH EDAW, INC.
CONTRACT NO: C0607-028
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement")
is made in triplicate, this 1 t day of flbroary , 2001, by and between the CITY
OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and EDAW, INC.,
(hereinafter referred to as "Consultant").
RECITALS
WHEREAS, the City is in need of more than one consultant to perform landscape and
architectural services for the City for various municipal projects that may arise throughout the
2006/2007 fiscal year as more fully described in Resolution No. 2007-10 V , (Attachment
"A"); and
WHEREAS, Contractor has expressed the ability and desire to provide theses Services,
subject to the terms and conditions contained herein, and has submitted a proposal to the City as
more fully described in Attachment"B", which is attached hereto and made a part hereof; and
WHEREAS, the City's Code provides that any purchase in excess of $25,000.00
requires City Commission approval and compliance with the City's procurement code, which
mandates that such purchases must be awarded by competitive bidding, with certain limited
exceptions; and
WHEREAS, in response to the City's Request for Qualifications No. 06-03-01 and
Resolution No. 2007- lora ,the City has qualified and ranked EDAW, Inc. as the second of
the three continuing consultant positions with the City.
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, continuing consulting
Services in connection with performing landscape architectural services, as more particularly
described in Attachment "B" 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
1
C0607-028 EDAW, Inc. Landscape Architect Consultant Agreement
SIB
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone(305) 949-3113 Fax
Agreement and shall end upon the completion of Services described in Attachment "B", 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 "B"
for an aggregate amount among the three (3) ranked City consultants not to exceed Two
Hundred Fifty Thousand Dollars ($250,000.00). Consultant acknowledges and agrees that
the $250,000.00 amount shall be shared between Consultant and the other two qualified
consultants as Services are performed and invoiced to the City.
Consultant shall submit invoices on a monthly basis within ten(10) days following the end of
each calendar month. City shall pay Consultant only for Services actually performed. 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. AVAILABILITY OF FUNDS. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
6. 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.
7. 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. If requested, Consultant shall deliver
the documents to the City within fifteen (15) calendar days.
8. INDEMNIFICATION. 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
2
C0607-028 EDAW, Inc.Consultant Agreement
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
Consultant shall, at its own 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, Consultant's 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 Four Million Dollars
($4,000,000) combined single limit occurrence.
Such insurance shall not diminish Consultant's 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, 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 to 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.
9. TERMINATION.
A. If, through any cause within 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.
3
C0607-028 EDAW, Inc.Consultant Agreement
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305)947-0606 phone (305)949-3113 Fax
(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.) Nothwithstanding 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 payment 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 giving Consultant ten (10) days written notice. The terms of Paragraphs A(i)
and A(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 bankmptcy or makes any assignment for the benefit of
creditors.
10. 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.
11. 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.
4
C0607-028 EDAW, Inc.Consultant Agreement
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
12. 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 to A. John Szerlag, City Manager with a copy 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 Jason
Uyeda, Principal, EDAW, Inc., 1688 Meridian Avenue, Suite 303, Miami Beach, Florida
33139, Telephone (305) 604-5878. Facsimile number(305) 604-5704.
13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida.
14. 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.
15. 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 pay or other forms of compensation, and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the City setting forth the provisions
of this non-discrimination clause.
The Consultant agrees to comply with any Federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits
discrimination against the handicapped in any Federally assisted program.
16. 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
5
C0607-028 EDAW, Inc.Consultant Agreement
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede
any other conflicting provisions that are contained in any other document.
18. ENTIRE AGREEMENT. This Agreement and Attachment "B", 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 in triplicate
on the day and year first written above.
WITNESSES: EDAW,IN
BY: it"an 4 ed,incipal
CIT OF SUNNY IiSLEEACH
ATTEST• � /
BY: 4/221791, s / ?a
- - BY: -A . orman S. Edelcup, ayor
Jane A. Hines, CMC, City Clerk ,
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: J 3— ''�--
H ttint, City Attorney
6
C0607-028 EDAW, Inc.Consultant Agreement
RESOLUTION NO. 2007-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, QUALIFYING AND RANKING
O'LEARY RICHARDS DESIGN ASSOCIATES, INC. ("O'LEARY
RICHARDS"), EDAW, INC. AND CALVIN GIORDONO &
ASSOCIATES, INC. TO PERFORM LANDSCAPE
ARCHITECTURAL SERVICES; AUTHORIZING THE CITY
MANAGER OR HIS/HER DESIGNEE TO ENTER INTO THREE
CONTINUING CONSULTANT_ AGREEMENTS WITH . SAID
LANDSCAPING ARCHITECTURAL FIRMS,IN AN AGGREGATE
AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND
DOLLARS($250,000.00)FOR FISCAL YEAR 20062007,PROVIDED
SAID AGREEMENTS ARE APPROVED AS TO FORM AND LEGAL
SUFFICIENCY BY THE CITY ATTORNEY; FURTHER
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 issued a Request for Qualifications No.06-03-01
for Landscape Architectural Firms to perform plan review services for the building and planning and
zoning departments;and
WHEREAS,the City desires to qualify and rank the landscape architectural firms to perform
landscape architectural services for the City in the following order: 1) O'Leary Richards Design
Associates,Inc.;2)EDAW,Inc.; and, 3) Calvin Giordano and Associates,Inc.; and
WHEREAS,the City wishes to enter into continuing consulting agreements with the ranked
landscape architectural firms for the purpose of providing landscape architectural services for various
projects that may arise throughout the year for, in a total amount not to exceed Two Hundred Fifty
Thousand Dollars($250,000.00)annually,for various municipal projects; and
WHEREAS, each architectural firm shall submit work authorizations to the City for any
landscaping architectural services to be performed,prior to the delivery of such services.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CTIY OF SUNNY ISLES BEACH,FLORIDA,AS FOLLOWS:
Section 1, Firms Qualified and Ranked. The City Commission hereby qualifies and ranks the
landscape architectural firms to perform landscape architectural services for the City in the following
order: 1)O'Leary Richards Design Associates,Inc.; 2)EDAW, Inc.; and, 3)Calvin Giordano and
Associates,Inc.
Section . Authorization of City Manager. The City Commission hereby authorizes the City
Manager or his/her designee to enter into three separate continuing consulting agreements with
O'Leary Richards Design Associates,Inc.,EDAW,Inc.and Calvin Giordano and Associates,Inc.,in
R2001-theory Richards Design Assoe Svcs Agrmt(5250000)Rev 1 n-1-07)Page I of 2
ATTACHMENT `•A"
a total amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) for fiscal year
2006/2007, provided said agreements are approved as to form and legal sufficiency by the City
Attorney.
Section 3. Further 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 IP day of February 2007.
Norman S. Edelcup, Mayor
ATTEST:
Jane A. Hines,CMC,City Clerk
APPROVED AS TO FORM
AND LEGAL 'P1 ENCY:
MIlot/
r7tr'I'iA omey
Moved by:
Seconded by:
Vote:
Mayor Edelcup _(Yes)
Vice Mayor Thaler _(Yes)
Commissioner Brain
Commissioner Goodman _(Yes) _(No)
Commissioner Iglesias _(Yes)
8200/-Oleery Richards Design Assoc Svcs Agnnt(S250000)-Rev I(2-I-07)Page 2 of 1
Attachment B
EDAW Standard Rate Schedule
Effective January 1, 2007
Professional Services Rates
Staff Level Hourly Rate
Principal $250.00
Senior Associates $170.00
Associates $140.00
Professional Staff $110.00
Administrative & Clerical Staff $90.00
Reimbursable Expenses
Project related expenses are in addition to the professional services fees and shall be reimbursed
at 1.0 times actual cost. Such expenses include travel, lodging and subsistence, blueprinting
services,printing and copying, tele-communications charges, postage and delivery, scale models
and artist renderings, and similar expenses incurred in the interest of the project.
Private automobile mileage: $0.445 per mile.
Taxes: Any tax and or fees imposed by a taxing authority based upon gross revenues or sales
shall be reimbursable in addition to the professional services fees.
Attachment "B"
C:Documents and Semngslpreici Local SeumgslTemporary Interne:File,OLK87 sunnytalesratenr,f
.,„ CITY OF SUNNY ISLES BEACH
LANDSCAPE ARCHITECT CONSULTANT AGREEMENT WITH
a., . CALVIN, GIORDANO & ASSOCIATES, INC.
CONTRACT NO: C0607-029
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in triplicate, this 15S' day of gtbrvry , 200'1, by and between the CITY OF
SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and CALVIN,
GIORDANO & ASSOCIATES, INC., (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, the City is in need of more than one consultant to perform landscape and
architectural services for the City for various municipal projects that may arise throughout the
2006/2007 fiscal year as more fully described in Resolution No. 2007- !Elsa , (Attachment
"A"); and
WHEREAS, Contractor has expressed the ability and desire to provide theses Services,
subject to the terms and conditions contained herein, and has submitted a proposal to the City as
more fully described in Attachment"B", which is attached hereto and made a part hereof; and
WHEREAS, the City's Code provides that any purchase in excess of $25,000.00
requires City Commission approval and compliance with the City's procurement code, which
mandates that such purchases must be awarded by competitive bidding, with certain limited
exceptions; and
WHEREAS, in response to the City's Request for Qualifications No. 06-03-01 and
Resolution No. 2007- %OSA , the City has qualified and ranked Calvin, Giordano &
Associates, Inc. as the third of the three continuing consultant positions with the City.
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, continuing consulting
Services in connection with performing landscape architectural services, as more particularly
described in Attachment "B" 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
1
C0607-029 Calvin, Giordano & Assoc., Inc. Consultant Agreement—Landscape Architect S I B
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160
(305) 947-0606 phone (305)949-3113 Fax
Agreement and shall end upon the completion of Services described in Attachment "B", and
maybe 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 "B"
for an aggregate amount among the three (3) ranked City consultants not to exceed Two
Hundred Fifty Thousand Dollars ($250,000.00). Consultant acknowledges and agrees that
the $250,000.00 amount shall be shared between Consultant and the other two qualified
consultants as Services are performed and invoiced to the City.
Consultant shall submit invoices on a monthly basis within ten(10)days following the end of
each calendar month. City shall pay Consultant only for Services actually performed. 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. AVAILABILITY OF FUNDS. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
6. 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.
7. 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. If requested, Consultant shall deliver
the documents to the City within fifteen (15)calendar days.
8. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its
officers, agents, and employees from, and against, any and all claims, actions, liabilities,
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C0607-029 Calvin, Giordano & Assoc.Consultant Agreement
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 (10%) of the total compensation
is a specific consideration from the City to the Consultant for this indemnity.
Consultant shall, at its own 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, Consultant's 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 Four Million Dollars
($4,000,000) combined single limit occurrence.
Such insurance shall not diminish Consultant's 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, 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 to 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.
9. TERMINATION.
A. If, through any cause within 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
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C0607-029 Calvin, Giordano & Assoc.Consultant Agreement
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160
(305)947-0606 phone (305) 949-3113 Fax
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.) Nothwithstanding 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 payment 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 giving Consultant ten (10) days written notice. The terms of Paragraphs A(i)
and A(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. 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.
11. 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
4
C0607-029 Calvin, Giordano & Assoc.Consultant Agreement
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
12. 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 to A. John Szerlag, City Manager with a copy 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 Dennis Giordano, President,
Calvin, Giordano & Associates, Inc., 1800 Eller Drive, Suite 600, Fart Lauderdale, Florida
33316, Telephone (954) 921-7781. Facsimile number(954) 921-8807.
13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida.
14. 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.
15. 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 I 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 pay or other forms of compensation, and selection for training, including
apprenticeship. The Consultant agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the City setting forth the provisions
of this non-discrimination clause.
The Consultant agrees to comply with any Federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits
discrimination against the handicapped in any Federally assisted program.
16. 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
5
C0607-029 Calvin, Giordano & Assoc.Consultant Agreement
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305)949-3113 Fax
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.
17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede
any other conflicting provisions that are contained in any other document.
18. ENTIRE AGREEMENT. This Agreement and Attachment "B", 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 in triplicate
on the day and year first written above.
WITNESSES: CALVIN, GIORDANO & ASSOCIATES,
INC.
(/ I —
BY.
1 _ , 4 U. L. • Dennis Giordano, President
CIT F SUNNY JSS/
ATTEST: n ` :
BY:�J/1ntL IJP^ Orman S. Edelcup, Mayor 77
Jane A. Hines, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL UFFICIENCY
BY: L
Y --
Hans c ttina, City Attorney
6
C0607-029 Calvin, Giordano & Assoc.Consultant Agreement