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HomeMy WebLinkAboutReso 2016-2589 RESOLUTION NO. 2016-23 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE SECOND AMENDMENT TO THE AGREEMENT WITH ALEX DAVID AND ASSOCIATES, INC. FOR ADDITIONAL PLANNING AND ZONING SERVICES, IN AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 21, 2015the City entered into an Agreement with Bell David Planning Group, Inc. to provide Planning and Zoning Review services on an as needed basis for various projects that may arise throughout the year for One Hundred Twenty-Five Dollars ($125.00) per hour for a total amount not to exceed Forty-Five Thousand Dollars ($45,000.00); and WHEREAS, on June 9, 2016 the City approved the First Amendment to the Agreement with Bell David Planning Group, Inc, effective as of May 3, 2016, the company changed its corporate legal name to Alex David and Associates, Inc.; and WHEREAS, City staff will now be utilizing Alex David and Associates, Inc. to provide additional planning and zoning services throughout the year, in an amount not to exceed Ten Thousand Dollars ($10,000.00), bringing the total contract amount not to exceed Fifty-Five Thousand Dollars ($55,000.00); and WHEREAS, the City wishes to approve the Second Amendment to the Agreement with Alex David and Associates, Inc. for the purpose of providing additional planning and zoning services throughout the year, in an amount not to exceed Ten Thousand Dollars ($10,000.00), attached hereto as Exhibit"A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratify the Second Amendment to the Agreement. The City Commission hereby ratifies the Second Amendment to the Agreement with Alex David and Associates, Inc. for additional Planning and Zoning Services, in an amount not to exceed Ten Thousand Dollars ($10,000.00), attached hereto as Exhibit"A". Section 2. Authority of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. R2016-Alex David Assoc Planning Srvs Ratify 2"d Amd to Agmt PASSED AND ADOPTED this 15t day of September 2016. George • . Scholl, Mayor ATTEST: ' LLD' Cfms Jane A. Hines, MMC, City Clerk r` .r Q _ APP'OVED AS TO FORM • D ' iI • L SUFFICIENCY: �/!l ' t.. O►7not, City Attorney Moved by: (1n 10 ) Seconded by: Co LA.N1t J Vote: S-p Mayor Scholl /(Yes) (No) Vice Mayor Gatto (/(Yes) (No) Commissioner Aelion (/Yes) (No) Commissioner Goldman VYes) (No) Commissioner Levin V(Yes) (No) R2016-Alex David Assoc Planning Srvs Ratify 2"d Amd to Agmt •,t( ' • - \'..,.‘ SECOND AMENDMENT TO THE AGREEMENT ''.; . -:-•-•-'' BETWEEN THE (TI Y OF SUNNY ISLES BEACH AND • ALEX DAVID AND ASSOCIATES, INC. CONTRACT Na C3130-1516-117 This Second Amendment to the Agreement between the4ITY OESUNNY ISLES BEACH and • ALEX DAVID AND ASSOCIATES, INC., executed this Ib day of 56frent f"-- , 2016,.is made a part of the original Agreement between the parties dated November 21, 2015,Contract No. C1316- 035 ("the Agreement"), between the City of Sunny Isles Beach ("City") and Bell David Planning Group, Inc., ("Consultant") attached hereto as Attachment "A" whose Federal Identification # is The City and Consultant hereby agree as follows: I. COMPENSATION. The Parties wish to amend Section 5 'of the original Agreement ("Compensation")to revise the total amount of compensation paid to Consultant to an amount not exceed Fifty Five Thousand Dollars ($55,000.00)during the initial one (I) year term of this Agreement. • 2. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the original Agreement between the parties,dated November 21,2015 shall remain in full force and effect. 3. CONFLICTING PROVISIONS: The terms anti conditions of this Second Amendment shall • prevail and be given superior effect and priority over any conflicting or inconsistent term, condition, statement, requirement or provision contained in any other document or attachment, including but not • limited to Attachment"A". IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. ,,‘ i . WITNESS: n „.... i ALEX DAVID AND ASSOCIATES, INC. 1 ja j( Signature \ • BY: ".., 4_1,, Alex A. David. AICP, President - . Printame .. - - ... ., ,t‘• \ 1) ' F. ':'ATTEST:-, CITY II F SUNN ISLES BEACH c• / i t - 1, .... • 2-- -)- 4_- 1 111111111 .. , , „ BY: ' _ Vane A. Fin es, MMC, City Clerk C.leor H. Scholl, Mayor t'.., \--- t, ' _ . • . APPROVED AS TO FORM AND - -4' 6#;) LEGAL S 1.C, E 'Cr „., ., . . „Alffir BY; trose7W • IC ki ot, City Attorney . (----- 44 kY II ,j4i . • , • 4 sem„F,i CITY OF SUNNY ISLES BEACH ! . AGREEMENT WITH BELL DAVID PLANNING GROUP, INC. ; `�' CONTRACT NO. CI 516-035 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 2151- day of N ,�1 i�r : 2015, by and between the CITY OF SUNNY ISLES BEACH, Florida; (hereinafter referred to as "City"), and BELL DAVID PLANNING GROUP, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Consultant') whose Federal I.D. # is SS• 016-2-240 S-(0 RECITALS • WHEREAS, the City is in need of a consultant to provide Planning and Zoning Review ("Services") on an as needed basis for various projects that may arise throughout the year; and • WHE REAS, Consultant is a planning and zoning services firm qualified to provide the City with the desired Services and providing on-call planning services for various projects throughout the year; and WHEREAS, Consultant has submitted a proposal to the City to provide the desired Services: as more particularly described in Attachment "A", attached hereto and incorporated herein by reference: and WHEREAS, the City desires to enter into an Agreement with Consultant to provide the Services for One Hundred Twenty-Five Dollars (S125.00) per hour for a total amount not to exceed Forty-Five Thousand Dollars (54 ,000.00). NOW THEREFORE, in consideration oldie promises and the mutual covenants herein name, 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. SERVICES. Consultant agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment"A" attached hereto, and incorporated herein by reference. The Services shall be performed by Consultant to the full satisfaction of the City. Consultant agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Consultant agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Consultant will require its employees to perform their work in a manner befitting the type and scope of work to be performed. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 9 hereunder, the term of this Agreement shall commence upon the execution of this Agreement by both parties and shall continue for one (1) year thereafter. Consultant CI5I6-035 BELL DAVID PLANNING GROUP. INC. ATTACHMENT "A" City of Suiu of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach; Florida 33160 (305) 947-0606 Phone (305) 949-3113 Fax acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 17 and 18 entitled "Indemnification and Waiver of Liability"and "Compliance with Law" respectively, shall survive termination of this Agreement. 4. RENEWAL. Prior to, or upon completion of the initial one year term, the City shall have the option to renew this Agreement for an additional one(1)year renewal term. In the event this Agreement is renewed, the Consultant agrees to provide the Services in accordance with this Agreement and the schedule of charges reflected in Attachment "A", attached hereto. 5. COMPENSATION. The City agrees to pay the Consultant art amount not to exceed One Hundred Twenty-Five Dollars (S125.00) per hour, which shall be disbursed on a monthly basis as invoiced. As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered; the City shall pay Consultant an amount not to exceed Forty-Five Thousand Dollars (545.000.00) for the performance of the stated Services. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment"A",which fee shall be disbursed •on a monthly basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department. If Services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. • c. 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. d. Final Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice" on the Consultant's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed; any other additional charges, if not properly included on this final invoice,are waived by the Consultant. 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. CI5I6.035 BELL DAVID PLANNING GROUP,INC. S I B City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 Phone (305) 949-3113 Fax Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 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 (1 5) calendar days. 8. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents or employees, as indicated below: 0 Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence. 0 Professional Liability("Errors and Omissions") insurance with minimum limits of One Million Dollars($1,000,000.00) per occurrence. 0 Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. 3 CI516.035 BELL DAVID PLANNING GROUP.INC. ;r:' 1 Oy of Sunny Isles Beach 18070 Collins Avenue, Sunny isles Beach, Florida 33160 (305) 947-0606 Phone (305) 949-3113 Fax Business Automobile Liability which shall include coverage for all owned. non- owned and hired vehicles for minimum limits of not less than One Million Dollars ($1;000,000) per occurrence. Insurance required of the Consultant shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Consultant's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as 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(Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Consultant shall also require and ensure that each of its sub-Consultants providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 9. TERMINATION AND REMEDIES FOR BREACH. 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, and the City shall receive a refund from the Consultant in an amount equal to the actual cost of a third party to cure such failure. If Consultant fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant 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 Section 5 herein. 4 C1516.035 BELL DAVID PLANNING GROUP.INC. • City of Sunny Isles Beach 18070 Collins Avenue; Sunny isles Beach, Florida 33160 (305) 947-0606 Phone (305) 949-3113 Fax (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Consultant and the City may reasonably withhold 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 Section 9 A(i) and A(ii) above 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. ATTORNEY'S FEES. In any action incurred by the City to enforce or interpret any term or provision of this Agreement, and the City is the prevailing party, then the City shall be . entitled to its costs and attorney's fees incurred at the pretrial, trial and appellate levels, in addition to such other relief as may besought and awarded to the City. 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 from violating such provisions. 12. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested.(ii)by guaranteed overnight deliver),by a nationally recognized courier service, or(iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: 5 C1516-035 BELL DAVID PLANNING GROUP.INC. City of Sunny Isles Beach 18070 Collins Avenue; Sunny Isles Beach, Florida 33160 (305)947-0606 Phone(305) 949-3113 Fax If to the City: Christopher J. Russo «'ith a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1701 Sunny Isles Beach; Florida 33160 Tel: (305) 792-1702 If to the Alex David, AICP, Vice President Consultant : Bell David Planning Group, Inc. 1019 N.E. 104th Street Miami Shores, FL 33138 Tel: (786) 514-0121 Fax: (305) 751-5802 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 Aee Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant wiIl 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. 6 C1516-035 BELL DAVID PLANNING GROUP.INC. '7 I City of Sunny Isles Beach 18070 Collins Avenue; Sunny Isles Beach, Florida 33160 (305) 947-0606 Phone (305) 949-3113 Fax 16. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-1 l.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, directly 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 are employed by the Consultant. The Consultant guarantees that he/she has not offered or given to any member of,delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 17. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents; representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Consultant's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment,or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts,errors,-mistakes or omissions related to professional services in the performance of this Agreement including any person for whose acts,errors,mistakes or omissions the Consultant may be legally liable. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Consultant for the indemnification set forth in this Agreement. 18. COMPLIANCE WiTH LAW. Consultant shall comply with all laws,regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement( Applicable Laws")and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 19. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to Attachment "A" hereto. 20. MISCELLANEOUS. A: In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall 7 C1516.035 BELL DAVID PLANNING GROUP. INC. J City of Sunni'Isles Beach 18070 Collins Avenue; Sunny Isles Beach, Florida 33160 (305) 947-0606 Phone (305) 949-31 13 Fax nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts,each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. lre►nai ider of page intentionally left blank/ • 8 C1516-035 BELL DAVIT)PLANNING GROUP.INC. 0 City of Sunny Isles Beach 18070 Collins Avenue. Sunny Isles Beach, Florida 33160 (305) 947-0606 Phone (305)949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: BELL DAVID PLANNING GROUP, INC. ,131'01 re B l . )411 DWA Alex A. avid. AICP. Vice President gqi(k • Nl�i.�(-er_PriName ATTEST: CITY OF SUNNY ISLES BEACH : fes- .e1/4.04-4—) BY: 77,/#4. Jane A. Hides.;MMC. City Clerk Christo, er J. Russo, City Manager • APPROVED AS TO FORM AND LE SUFFICIENCY liii' BY: / BY: �r - I De.1 ment Head aris Stun• . itv Attorney 9 Cli16-035 BELL DAVID)PLANNING GROUP.INC. \� .�Z BELL DAVID PLANNING GROUP, INC. N•:rigaticg Florida's Plonning Requlcemants Mr. Christopher J. Russo, City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 December 3, 2015 • - RE: Proposal for Continuation of Planning and Zoning Review Services • Dear Mr. Russo: • Thank you for contacting our firm to enter into a contract for Planning and Zoning Services. We have been consultants to the City since 2007. The most receit°;Contract was adopted by Resolution No. 2013-2148 on November 21, 2013 and amended"on November 20, 2014 (Contract No. C1314-007). The.terms of this new agreement arid:fio tray rate (5125.00/hour) will remain the same for the coming fiscal year (FY2015-16). Please call or e-mail me at your convenience if you have any questions. And as always, we thank you very much for this opportunity. Sincerely, b52)—(jj Alex A. David,AICP cc: Claudia Hasbun,AICP, City Planner 1019 NE 104th Street . Miami Shores, FL 33138 . Office:786.514.0121 www.belldevid.com alex@belldavid.com • ATTACHMENT "A" Client#: 1049182 BELLDAV1 - ACORDr. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOIYYYY) 7130!2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT • NAME: USI Insurance Services,LLC, PHONE 1715 N.Westshore Blvd.Suite 700 E�aoJi'E'):813 321-7500 (aC Ne); 813 321.7525 Tampa,FL 33607 ADDRESS: INSURER(S)AFFORDING COVERAGE I MAIC 0 INsuRERA:Phoenix Insurance Company 125623 INSURED INSURER :Travelers Indemnity Company 25658 Bell David Planning Group,Inc (1.(stmER Beazley Insurance Company,Inc. 37540 1019 NE 104th Street INSURER D: Miami Shores,FL 33138 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS - CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IADOL'SUBR' POLICY EFF POLICY EXP LTR TYPE OF INSURANCE HIM IMO I POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY)I UMITS A GENERAL LIABILITY X X 6604057M315 06!29!2015 06129!2016 EAc:-t��ES(OCCURRENCE s 1,000,000 ED X COMMERCIAL GENERAL LIABILITY PREMISEa °rice) 51,000,000 CLAIMS-MADE ( XI OCCUR I MED EXP(Any One person) 510,000 _ I PERSONALE ADV INJURY S 1,000,000 I GENERAL AGGREGATE 52,000,000 GEHL AGGREGATELIMIT APPLIES PER: I PRODUCTS-COMP/OP AGG S 2,000,000 • 7 POLICY fO- n LOC I S A AUTOMOBILE LIABILITY X X 6604057M315 11612912015 06129(2016.(E°M Ez1tNGLELLu1 s1,000,000 ANY AUTO I BODILY INJURY(Per person) 5 ALL OWNED SCHEDULED BOOILY INJURY(Per accident) S AUTOS AUTOS NON -OWNED PROPERTeen Y DAMAGE X HIRED AUTOS X AUTOS 1(Per acden+) Il I $ B [ UMBRELLA LAB [x OCCUR CUP3787T880 06/29/2015 0612912016 EACH OCCURRENCE 151,000,000 •EXCESS L1AB I I CAMS-MADE I AGGREGATE DED I XI RETENTION swoopI 151,000,000 5 WORKERS COMPENSATION I 'TORYTUM 75 I IFORH I AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORJ?ARTNERIEXECUtIVE - I E.L.EACH ACCIDENT I$ OFFICER/MEMBER EXCLUDED? l N/A (Mandatory In NH) I E.L.DISEASE-EA EMPLOYEE'S II yes.describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT I S C Professional V150F8140601 09/2512014 0912512015 51,000,000 per claim Liability 51,000,000 anni aggr. DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(Attach ACORD 101,Addldonai Remarks Schedule.II more space Is required) Professional liability is written on a claims made basis. CERTIFICATE HOLDER CANCELLATION Cityof SunnyIsles Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE• THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 18070 Collins Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Sunny Isles Beach, FL 33160 AUTHORIZED REPRESENTATIVE ' ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010!05) 1 of 1 The ACORD name and logo are registered marks of ACORD Q p #s15900117/M15705146 BPKEW U S,N Y'SrF City of Sunny Isles Beach ;_.-7 of,,-,-----,:--,- ,Ry t�, 18070 Collins Avenue • " ` _ Sunny Isles Beach, Florida 33160 P iPr f., 0, ,,,•' (305)947-0606 City Hall "0, s„,,, o (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Claudia Hasbun, Planning and Zoning Director DATE: 9/15/2016 RE: Second Amendment to the Agreement with Alex David and Associates, Inc. for Additional Professional Services. RECOMMENDATION: Staff is recommending City Commission approval to the Resolution. REASONS: Alex David and Associates, Inc. has been providing planning and zoning services throughout the year and the City is in need to increase the amount of services, to the amount not to exceed $55,000, which is an increase of $10,000 for the existing contract. Staff is presenting the amendment to the agreement. FUNDING SOURCE: 110-5-5410-431000-0000 (Contracted Services - Professional Service ' -Consulting)$55,000 ATTACHMENTS: 1 Description Resolution Agreement Item Number: 10.K. 334