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HomeMy WebLinkAboutReso 2011-1792 RESOLUTION NO. 2011- 1 7q~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A CONSULTANT AGREEMENT WITH BELL DAVID PLANNING GROUP, FOR THE PROVISION OF PLANNING AND ZONING REVIEW SERVICES, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, to date Bell David Planning Group has provided various professional services for the City of Sunny Isles Beach on several projects, with favorable results; and WHEREAS, staff is seeking City Commission authority to utilize Bell David Planning Group, to provide planning and zoning review services throughout the year; and WHEREAS, staff will utilize Bell David Planning Group to provide planning and zoning review services throughout the year in-house in an amount not to exceed Twenty-Five Thousand Dollars ($25,000.00); and WHEREAS, staff will also utilize Bell David Planning Group to provide planning and zoning review services throughout the year for projects through the Site Plan Process that are billable to the developer at no cost to the City; and WHEREAS, the City wishes to enter into a consulting agreement with Bell David Planning Group for the purpose of providing on-call planning services for various projects that may arise throughout the year, in an amount of One Hundred Twenty-Five Dollars ($125.00) an hour, attached hereto as Exhibit "A"; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Consultant Agreement. The City Commission hereby approves the Consultant Agreement with Bell David Planning Group, Inc. for Planning and Zoning Review Services, in an amount of One Hundred Twenty-Five Dollars ($125.00) an hour, in an amount not to exceed Twenty-Five Thousand Dollars ($25,000.00) for in-house projects, and for on-call services that are billable through the cost recovery of the Site Plan Process, attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. R2011- Bell David Group Planning And Zoning Srvs Page I of2 PASSED AND ADOPTED this 20" day Ofocto~ / ~~ N9 man S. Edelcup, Mayor ATTEST: I C ~. 1. ~~ . Jane A. Hipes, C C, City Clerk APPROVED AS TO FORM AND G CIENCY: Moved by: '1' l U ~f\'" 1\.\\\L~ (1' ~ 'M/r(\ \,c;:. ~ rn.J ~ 01;) Vote: '5 -D Seconded by: Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl ~(Yes) V(Yes) t./(Y es) I/"(Y es ) 7/(y es) _(No) _(No) _(No) _(No) _(No) R2011- Bell David Group Planning And Zoning Srvs Page 2 of2 - CITY OF SUNNY ISLES BEACH PLANNING AND ZONING SERVICES AGREEMENT WITH BELL DAVID PLANNING GROUP, INC CONTRACT NO. COII-077 THIS AGREEMENT ("Agreement") entered into this 2O~day of Oc.. To P:.<t..R. 2011, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal corporation of the State of Florida, and BELL DAVID PLANNING GROUP, INC., authorized to do business in the State of Florida (hereinafter referred to as "Consultarit"). RECITALS WHEREAS, the City is in need of a consultant to provide Planning and Zoning Review Services ("Services") on an as needed basis for various projects that may arise throughout the year; and WHEREAS, Consultant is a planning and zoning services firm qualified to provide the City with the desired Services and support thereof; and WHEREAS, Consultant is qualified, willing and able to provide the desired Services subject to the terms and conditions contained herein. TERMS NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the parties agree as follows: 1. RECIT ALS: The recitals set forth above are hereby incorporated into this Agreement and made a part hereof. 2. SERVICES: Consultant agrees to furnish all labor and materials in a good and workmanlike and professional manner and to perform the Services. Consultant agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being adequately performed 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. In the event that the Consultant fails to complete performance pursuant to the terms of this contract and City must undertake the completion of performance of Services, Consultant agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the failure of performance by Consultant. 3. TERM: The term of the Contract shall commence upon execution of the Agreement, and shall continue on an as needed basis throughout the year. Consultant is to commence performance of work on the Commencement Date and continue in a diligent manner until the Services are complete. Consultant acknowledges that compliance with the commencement and completion schedule is of the essence to this Agreement. The terms of Sections 9 and 10 entitled BELL DA VID Planning & Zoning Services Page I of6 (II ", . J '" U ~ ~'. .- ~ i "Compliance with Law" and "Duty to Defend, Indemnify and Hold Harmless," respectively, shall survive termination of this Agreement. 4. COMPENSA TION. The City agrees to pay the Consultant an not to exceed one hundred and twenty five dollars ($125.00) per hour and shall be disbursed on a monthly basis as invoiced. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this Agreement. 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. In the event the City fails to appropriate money for this specific purpose during any year under this Agreement, then this Agreement shall be canceled upon thirty (30) days written notice to the Consultant and the Consultant shall only be compensated for services satisfactorily performed up to the effective date of termination. 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. 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. 5. TERMINATION. A. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the agreement and grant Consultant seven (7) days to cure such default. If the default remains uncured after seven (7) days the City may terminate this agreement BELL DAVID Planning & Zoning Services Page 2 of6 - ,: o n I~' l.,.' (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 Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Consultant and the City may reasonably withhold payments to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written notice which shall become effective seven (7) days following receipt by Consultant. The terms of Paragraphs A(i) and (ii) shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 6. 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, Consultants or employees, as more particularly set forth below: 6.1 General liability insurance, including broad form contractual liability coverage for bodily injury and property damage liability with limits of One Million Dollars ($1,000,000) combined single limit occurrence; 6.2 Worker's Compensation and Employer's Liability Insurance at the minimum statutory limits required by Florida law; 6.3 Comprehensive Automobile and Vehicle Liability Insurance. Motor vehicle liability insurance, including applicable no fault coverage, with limits of liability of not less than that $1,000,000 per occurrence, combined single limits for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. Such insurance shall not diminish Consultants 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 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) calendar days prior written notice to the City Manager or his designee. BELL DA vID Planning & Zoning Services Page 3 of6 0g~ o ~ ~,.. - 7. OWNERSHIP OF DOCUMENTS: The parties agree that all documentation and work product produced pursuant to this Agreement shall become the exclusive property of the City. 8. RELATION TO PARTIES: It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Consultant and the City. Consultant shall be in the relation of an independent Consultant and is to have entire charge, control and supervision of the work to be performed hereunder. 9. 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. Specifically, Consultants shall comply with all applicable conflict of interest provisions as provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles (Section 62-16 entitled "Ethics in Public Contracting." As provided in Section 62-16, Code of the City of Sunny Isles, the City Commission may terminate this Contract for violation of the above-referenced ethical standards. 10. DUTY TO DEFEND, INDEMNIFY AND HOLD HARMLESS. Consultant agrees to defend, indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant , agents or other personal entity acting under Consultant's control in connection with the Consultant's performance of Services under this 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. 11. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Consultant and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 12. ARBITRA TION. 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. BELL DAVID Planning & Zoning Services Page 4 of 6 ~" i. "\ "" :.;; (". C ! ~~ 13. GOVERNING LAW: The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami- Dade County, Florida. 14. NOTICES: All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Alan J. Cohen, City Manager Hans Ottinot , City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins A venue 18070 Collins A venue Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160. Ph: 305-792-170 I Ph: 305-792-1702 If to the Consultant: Alex David, AICP, Vice President Bell David Planning Group, Inc. 1019 N.E. 104th Street Miami Shores, Florida 33138 Tel: (786)-514-0121 Fax: (305)-751-5802 15. MISCELLANEOUS: A. In the event any provISIOn of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto. 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. F. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. BELL DA vID Planning & Zoning Services Page 5 of6 ,,~\ : ''': o ~ [~~. IN WITNESS WHEREOF, the parties hereto have executed this Agreement In duplicate on the day and year first written above. BELL DAVID PLANNING GROUP, INC. WITNEj ~ Print Name: ~l.wbo:A ~~~ ~~ By:~&lli~ Alex A. David, AICP, Vice President Print Name: .Jfd~ ~. IlIelena Gall/a; ~~. ATTEST: CITY OF SUNNY ISLES BEACH , , \ BY::<~ 1\ Il.:.w . ".' Janel A. Hines, City Clerk , , to'" \ /,. .\ f l'~' f'.l ", . (':), II",) ~ IJ 11 ")'~':;'u APPROVED AS TO FORM AND LEG FF IENCY By: BELL DA vlD Planning & Zoning Services Page60f6 11'" ' _"\ j'." V ~ ;', TO: FROM: DATE: RE: 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 Thaler, Vice Mayor Isaac AeHon, Commissioner Jeanette Gatto, Commissioner George "Bud" Scholl, Commissioner Alan J. Cohen" City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM The Honorable City Commission Alan J. Cohen City Manager October 20,2011 Approving an Agreement with Bell David Planning Group, Inc. for Planning and Zoning Services Recommendation: This Resolution is presented for your consideration. Reasons: As you may know, Bell David Planning Group, Inc. ("Bell David") has provided various planning and zoning services for the City on several projects. Staff is seeking Commission authority to utilize Bell David for on-call planning and zoning review services throughout the year. Pursuant to the attached agreement, Bell David shall be compensated at a rate of $125.00 per hour. The Contract will continue until the City no longer requires services. /attachment Preview Page 1 of 1 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Alan 1. Cohen, City Manager DATE: 1012012011 RE: Approving an Agreement with Bell David Planning Group, Inc. for Planning and Zoning Services RECOMMENDATION: This Resolution is presented for your consideration. REASONS: As you may know, Bell David Planning Group, Inc. ("Bell David") has provided various planning and zoning services for the City on several projects. Staff is seeking Commission authority to utilize Bell David for on-call planning and zoning review services throughout the year. Pursuant to the attached agreement, Bell David shall be compensated at a rate of $125.00 per hour. The Contract will continue until the City no longer requires services. A TT ACHMENTS: . Resolution . Consultant Agreement http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=629&MeetingID=O&MeetingDat... 10/14/2011