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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 , . ~., . ~ . . _, "i 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 :i4.921.HBO:- \\ \\ \\ .C.11\ in-giorc!.lnu.C<Hll Furl ldWlt'rd.llL' 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. "-, C ',J"Jm\~'.T cn'I'I,"~ tile, p,,,r F~~ Sd'e.I"h; ~Il J,,:,. :'1'''''':' ,r,7 .k.: C/ r:ni:Clin:July 1.2006 .) -.-.---------.------ .------.. \\~'"l P.llrn B{',ldl Clrl,Hldu Fori Pit'I\(' 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, 2 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 3 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