Resolution No. 2019-44 Cordova Rodriguez & Associates Inc. Agreement for Planning Review Professional Consultant Services - September 10, 2019 RESOLUTION NO. 2019-44
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO AN AGREEMENT
BETWEEN THE CITY OF AVENTURA AND CORDOVA RODRIGUEZ &
ASSOCIATES INC. FOR PLANNING REVIEW PROFESSIONAL
CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute and otherwise enter into
that certain Agreement attached hereto between the City of Aventura and Cordova
Rodriguez & Associates Inc. for planning review professional consultant services.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Dr. Marks, who moved
its adoption. The motion was seconded by Vice Mayor Landman, and upon being put
to a vote, the vote was as follows:
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 10th day of September, 2019.
City of Aventura Resolution No. 2019-44
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ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVAT 407 C
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
Page 2 of 2
AGREEMENT BETWEEN THE CITY OF AVENTURA AND CORDOVA
RODRIGUEZ & ASSOCIATES, INC. FOR PROFESSIONAL PLANNING
SERVICES
THIS AGREEMENT is entered into this ID day of September, 2019 between: CITY
OF AVENTURA, a municipal corporation of the State of Florida, its successors and
assigns, hereinafter referred to as "City" and Cordova Rodriguez & Associates, Inc., a
Florida Corporation, its successors and assigns, hereinafter referred to as"Consultant" for
professional services to commence on August 1, 2019.
WHEREAS, the City desires to retain the professional services of Consultant to
provide planning assistance services; and
WHEREAS, the Consultant desires to provide the City with planning assistance
services; and
WHEREAS, this Agreement and all documents incorporated herein by reference
contain all the terms and conditions agreed upon by the parties hereto, and no other
agreement, oral or otherwise, regarding the subject matter of the agreement will be
deemed to exist or to bind any of the parties hereto, or to vary any of the terms
contained herein.
NOW THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, City and Consultant agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS.
For the purposes of this agreement and the various covenants, conditions, terms and
provisions which follow, the definitions and identifications set forth below are assumed
to be true and correct and are therefore agreed upon by the parties.
1.1 CONTRACT ADMINISTRATOR: Whenever the term "Contract Administrator" is
used herein, it is intended to mean the City Manager or designee. In the
administration of this agreement, all parties may rely upon instructions or
determinations made by the Contract Administrator.
1.2 CONSULTANT: Cordova Rodriguez & Associates, Inc., which is the professional
organization with whom the City has contracted for the performance of
professional planning services pursuant to this agreement.
1.3 CITY: City of Aventura, Florida, a body corporate and politic and a municipal
corporation of the State of Florida.
1.4 NOTICE OF AWARD: A written statement issued by the Contract Administrator
directing Consultant to begin work.
1.5 PROJECT: The nature of the Project includes general consulting planning
services as requested by the City and other projects as assigned.
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1.6 REIMBURSABLES: Whenever the term Reimbursables is used herein, it is
intended to man actual expenses directly related to the performance of the
services as set forth in this agreement.
Reimbursables are limited to:
a. Identifiable expenses of transportation in connection with the Project subjectto
the provisions and limitations for public agencies established in Chapter 112,
Florida Statutes. Automobile travel inside Broward, Miami-Dade and Palm
- Beach Counties is not reimbursable. Surface travel outside Florida and all air
travel will be reimbursed onlywhen prior written approval for such expense has
been given by Contract Administrator. Rental cars shall be mid-sized or
smaller.
b. Identifiable per diem, meals and lodgings, taxi fares and
miscellaneous travel connected expenses for Consultant's
personnel subject to the limitations of Chapter 112, Florida
Statutes.
c. Identifiable communication expenses for express mail charges.
d. Identifiable cost of printing reproduction and aerial photography.
e. Identifiable testing costs.
f. Permit application fees. All fees paid to regulatory agencies for approvals
directly attributable to the Project.
Reimbursable subcontractor expenses are limited to the items described above
when the subcontractor incurs authorized reimbursable expenses.
Notwithstanding anything to the contrary in the Agreement, all Reimbursables
that exceed Five Hundred Dollars ($500.00) shall be approved, in writing, by the
Contract Administrator prior to incurring the expenditure. Failure to comply with this
provision shall result in the waiver of the Reimbursables.
1.7 BILLING RATE: Whenever the term Billing Rate is used herein, it is intended to
mean average base salaries and wages paid to personnel by employee category
engaged directly on the Project, including all fringe benefits,overhead and profit. Billing
Rate by employee category are shown on Exhibit "A".
1.8 PLANNING ASSISTANCE: Whenever the term Planning Assistance is used
herein, it is intended to mean those professional services provided to City on a
day-to-day basis for specific tasks provided the estimated Consultant cost for
specific task does not exceed Fifty Thousand Dollars ($50,000.00) per fiscal year.
City shall describe the Task to be undertaken by Consultant.
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Consultant shall agree upon a level of effort and employee category to be assigned
to the specific Task, and provide City with a proposal for the work.
City shall authorize Consultant, in writing, to provide professional services
requested for the specific Task.
1.9 WORK AUTHORIZATION: Whenever the term Work Authorization is used
herein, it is intended to mean professional services related to specific projects
identified by City. A work authorization will be issued for special projects outside
of the parameters of the day to day planning assistance services. The
authorization issued by City shall contain the following information and
requirements:
A description of the work to be undertaken and method of compensation with
reference to the appropriate paragraphs of this Agreement.
A budget establishing the amount of compensation to be paid, which amount
shall constitute a guaranteed maximum, or a lump sum at the Contract
Administrator's sole discretion, and shall not be exceeded unless prior written
approval of City is obtained. The information contained in the budget shall be in
sufficient detail so as to identify the various elements of costs and the adequacy
of such budget information shall be subject to the approval of the City.
A time established for completion of the work or services undertaken by
Consultant or for the submission to the City of documents, reports and other
information pursuant to this Agreement. The time established for performance
shall be subject to approval of the City; however, the time may, in the sole
discretion of the City, be extended upon justification of Consultant that additional
time is necessary for performance. Failure on the part of the Consultant to
comply with the time established for performance may result in termination of this
Agreement.
Work Authorizations for special projects shall be dated and serially numbered.
ARTICLE2
PREAMBLE
In order to establish the background, context and frame of reference for this
Agreement and to generally express the objectives and intentions of the respective
parties herein, the following statements, representations and explanations shall be
accepted as predicates for the undertakings and commitments included within the
provisions which follow and may be relied upon by the parties as essential elements of the
mutual considerations upon which this Agreement is based.
2.1 Consultant is engaged as an independent business and agrees to perform work
as an independent consultant. In accordance with the status of an independent
consultant, the Consultant covenants and agrees that the Consultant will
conduct business in a manner consistent with that status and that the
Consultant will not claim to be an officer or employee of the City for any right or
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privilege applicable to an officer or employee of the City, including, but not
limited to worker's compensation coverage, unemployment insurance benefits,
social security coverage, retirement membership, or credit.
2.2 Neither the Consultant nor the City intends to directly or substantially benefit a
third party by this agreement. Therefore, the parties agree that there are no
third party beneficiaries to this agreement and that no third party will be entitled
to assert a claim against either of them based upon this agreement.
ARTICLE 3
SCOPE OF SERVICES
3.1 The Scope of Services required to be performed by Consultant shall be identified
under one of the following procedures:
Planning Assistance for specific "day-to-day" work Tasks as requested by City
and agreed to by Consultant.
Professional Services for a Project as set forth in a Work Authorization.
Consultant shall provide all services as set forth in the Work Authorization
including, without limitations, all necessary, incidental and related activities and
services required.
3.2 Consultant and City acknowledge that a Work Authorization does not delineate
every detail and minor work Task required to be performed by Consultant to
complete a Project. If, during the course of the performance of a Work
Authorization, Consultant determines that it should perform work to complete a
Project which is outside the level of effort originally anticipated, Consultant shall
notify Contract Administrator in writing in a timely manner before proceeding with
the work. If Consultant proceeds with said work without notifying Contract
Administrator as provided in Article 6, said work shall be deemed to be within the
original level of effort, whether or not specifically addressed in the Work
Authorization. Notice to Contract Administrator does not constitute authorization
or approval by City. Performance of work by Consultant outside the originally
anticipated level of effort without prior written City approval is at Consultant's sole
risk.
ARTICLE4
TIME OF PERFORMANCE
4.1 In the event Consultant is unable to complete performance of services because
of delays resulting from untimely review and approval by governmental authorities
having jurisdiction over a Project and such delays are not the fault of Consultant,
City shall grant a reasonable extension of time for completing the work. It shall be
the responsibility of Consultant to notify the Contract Administrator promptly in
writing whenever a delay is anticipated or experienced, and to inform the
Contract Administrator of all facts and details related to the delay.
4.2 Consultant shall provide City with a current up-to-date phone contact
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list of personnel at all times.
ARTICLE 5
COMPENSATION AND PAYMENT
5.1 City agrees to pay Consultant, as compensation for performance of all
approved Planning Assistance services required under the terms of this
Agreement, those Billing Rates described in Article 1.8 and to reimburse
Consultant for Reimbursables as described in Article 1.7, plus subcontractor fees
pursuant to paragraph 5.6 for approved Planning Assistance services. The Billing
Rates payable by City for Consultant's employee categories is shown on Exhibit
"A". Total compensation for a fiscal year shall not exceed Fifty Thousand Dollars
($50,000.00).
5.2 City agrees to pay Consultant as compensation for performance of all services as
related to a Work Authorization required under the terms of this Agreement at
those Billing Rates described in Article 1.8 plus subcontractor fees pursuant to
paragraph 5.6, up to the guaranteed maximum payment to be negotiated and
stated in the Work Authorization and to reimburse Consultant for Reimbursables
as described in Article 1.7 up to the guaranteed maximum payments to be
negotiated in the Work Authorization, for a total guaranteed maximum stated in
the Work Authorization. It is understood that the method of compensation is that
of "guaranteed maximum" which means that Consultant shall perform all services
set forth for total compensation in the amount of or less than that stated in the
Work Authorization. The Billing Rates payable by City for Consultant's employee
categories is shown on Exhibit "A".
5.3 Consultant shall submit billings, authorized under Planning Assistance on a
monthly basis in a timely manner for all labor and Reimbursables attributable to
the task. These billings shall identify the nature of the work performed, the total
hours of work performed and the employee category of the individuals performing
same. Billings shall itemize Reimbursables by category and identify same as to
the work personnel incurring the expense and the nature of the work with which
such expense was associated. Where prior written approval by Contract
Administrator is required for Reimbursables, a copy of said approval shall
accompany the billing for such Reimbursables. External Reimbursables and
subcontractor fees must be documented by copies of invoices or receipts, which
describe the nature of the expenses and contain a project number or other
identifier, which clearly indicates the expense, is identifiable to a task.
5.4 Consultant §hal submit billings for hourly work or that are identified by the specific
Project and Work Authorization number on a monthly basis in a timely manner for
all labor and Reimbursables attributable to a Project. These billings shall identify
the nature of the work performed, the total hours of work performed and the
employee category of the individuals performing same. Billings shall itemize
Reimbursables by category and identify same as to the work personnel incurring
the expense and the nature of the work with which such expense was associated.
Where prior written approval by Contract Administrator is required for
Reimbursables, a copy of said approval shall accompany the billing for such
Reimbursables. The statement shall show a summary of labor costs and
Reimbursables wih accrual of the total and credits for portions paid previously.
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Copies of invoices must document external Reimbursables and subcontractor
fees or receipts that describe the nature of the expenses and contain a project
number or other identifier that clearly indicates the expense is identifiable to a
Project. Internal expenses must be documented by appropriate Consultant's cost
accounting forms with a summary of charges by category. When requested,
Consultant shall provide backup for past and current invoices that records hours
and hourly rates by employee categories, Reimbursables by category and
subcontractor fees on a task basis, so that total hours and cost by task may be
determined.
5.5 Notwithstanding anything in paragraphs 5.1, 5.2, 5.3 and 5.4, at the Contract
Administrator's option, the contract method of payment may be a lump sum
amount for a specific, detailed scope of services. For lump sum contracts,
Consultant shall invoice based upon percentage of work complete. Supporting
information shall be provided to document the estimate of completion
percentage.
5.6 Consultant shall bill identifiable subcontractor fees at the actual fees paid by
Consultant.
5.7 City agrees that it will use its best efforts to pay Consultant within thirty
(30)calendar days of receipt of Consultant's proper statement as provided above.
The parties shall comply with section 218.70, F.S., et seq. the Prompt Payment
Act.
5.8 Payment will be made to Consultant at:
CORDOVA RODRIGUEZ &ASSOCIATES, INC.
6941 SW 196th Ave., Suite 28
Pembroke Pines, FL 33332
ARTICLE 6
ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES
6.1 Services related to Planning Assistance tasks which would increase, decrease,
or which are outside the level of effort agreed upon by City and Consultant shall
be services for which Consultant must obtain prior written approval of City before
compensation can be paid.
6.2 Services related to a Work Authorization which would increase, decrease, or
which are otherwise outside the Scope of Services or level of effort contemplated
by a Work Authorization shall be services for which Consultant must obtain the
prior written approval from City before compensation can be paid. All terms for
the performance of such services must be agreed upon in writing in a document of
equal dignity herewith prior to any deviation from the terms of a Work Authorization
and when properly executed shall become an Amendment to the Work
Authorization.
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ARTICLE 7
CITY'S RESPONSIBILITES
7.1 City shall assist Consultant by placing at Consultant's disposal all information it
has available pertinent to the Project including previous reports and any other
data relative to a Project. It shall be Consultant's sole responsibility to physically
retrieve said information.
7.2 City shall arrange for access to make all provisions for Consultant to enter upon
public and private property as reasonably required for Consultant to perform its
services under thisAgreement.
ARTICLE 8
MISCELLANEOUS
8.1 OWNERSHIP OF DOCUMENTS: All sketches, tracings, drawings, specifications,
designs, design calculations, details, models, photographs, reports, surveys and
other documents, plans and data that result from Consultant's services under this
Agreement or that is provided in connection with this Agreement shall become
and shall remain the property of City. Copies of all AutoCAD and other similar
software files shall be provided to City. Consultant shall be entitled to keep a copy
of such items for record purposes. However, no changes or revisions to the
documents or data furnished by Consultant shall be made by City unless
Consultant's name and professional seal are removed from such changed or
revised materials.
8.2 TERM: This Agreement shall commence on the Effective Date and shall
continue for a period of one year, ending on July 31, 2020. The Agreement shall
automatically renew for successive terms of one year, under the same terms and
conditions herein, unless terminated by either party.
8.3 TERMINATION: This Agreement may be terminated by Consultant for cause, or
by City for any reason with or without cause, upon thirty (30) days written notice
from the terminating party to the other party. In the event of such termination,
Consultant shall be paid its compensation for services performed to termination
date, including all Reimbursables then due or incurred to termination date. In the
event that Consultant abandons this Agreement or causes it to be terminated by
City, Consultant shall be liable to City for any loss pertaining to this termination.
All finished or unfinished sketches, tracings, drawings, specifications, design,
design calculations, details models, photographs, reports, surveys and other
documents, plans and data that result from Consultant's services under this
Agreement shall become and shall remain the property of City and shall be
delivered by Consultant to City.
8.4 PUBLIC RECORDS LAW: Consultant agrees to keep and maintain public
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records in Consultant's possession or control in connection with Consultant's
performance under this Agreement. Consultant additionally agrees to comply
specifically with the provisions of Section 119.0701, Florida Statutes. Consultant
shall ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized
by law, for the duration of the Agreement, and following completion of the
Agreement until the records are transferred to the City.
Upon request from the City custodian of public records, Consultant shall provide
the City with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost
provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
Unless otherwise provided by law, any and all records, including but not limited
to reports, surveys, and other data and documents provided or created in
connection with this Agreement are and shall remain the property of the City.
Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the
Consultant shall be delivered by the Consultant to the City Manager, at no cost to
the City, within seven (7) days. All such records stored electronically by
Consultant shall be delivered to the City in a format that is compatible with the
City's information technology systems. Once the public records have been
delivered upon completion or termination of this Agreement, the Consultant shall
destroy any and all duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements.
Any compensation due to Consultant shall be withheld until all records are
received as provided herein.
Consultant's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
Consultant shall keep such records and accounts and require any and all
consultants and subcontractors to keep records and accounts as may be
necessary in order to record complete and correct entries as to personnel hours
charged to the Project and any expenses for which Consultant expects to be
reimbursed. Such books and records will be available at all reasonable times for
examination and audit by City and shall be kept for a period of three (3) years
after the completion of all work to be performed pursuant to this agreement.
Incomplete or incorrect entries in such books and records will be grounds for
City's disallowance of any fees or expenses based upon such entries.
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Section 119.0701(2)(a), Florida Statutes
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: City Clerk's Office
Mailing address: 19200 West County Club Drive
Aventura, FL 33180
Telephone number: 305-466-8901
Email: horvathe@cityofaventura.com
8.5 EQUAL OPPORTUNITY: CONSULTANT agrees that it will not discriminate
against any employee or applicant for employment for work under this
Agreement because of race, color, religion, sex, age, national origin or disability and
will take affirmative steps to ensure that applicants are employed and employees
are treated during employment without regard to race, color, religion, sex, age,
disability or national origin. This provision shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection
for training, including• apprenticeship. Consultant agrees to furnish City with a
copy of its-Affirmative Action Policy, if requested.
8.6 NO CONTINGENT FEES: Consultant warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a
bona fide employee working solely for Consultant, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of this provision,
CITY shall have the right to terminate the Agreement without liability, and, at its
discretion, to deduct from the contract price, or otherwise recover, the full amount
of such fee, commission, percentage, gift or consideration.
8.7 SUBCONTRACTORS: In the event Consultant, during the term of this
Agreement, requires the services of any subcontractors, or other professional
associates in connection with services covered by this Agreement, Consultant
must secure the prior written approval of the Contract Administrator. As part of
the approval process, City shall require subcontractor to comply with the terms of
this Agreement, specifically but without limitations, the requirements of this
Article 8. Consultant shall be responsible for obtaining releases from
subcontractors at the time the subcontractors are paid.
8.8 ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered by Consultant, under any circumstances,
without the prior written consent of City. Said consent shall be at City's sole
discretion and may be unreasonably withheld.
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8.9 INDEMNIFICATION OF CITY: Consultant shall indemnify and hold harmless the
City, its officers and employees, from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorneys' fees, to the extent caused by
the negligence, recklessness or intentional wrongful conduct of the Consultant
and persons employed or utilized by the Consultant in the performance of the
Agreement.
Nothing in this Agreement shall be deemed or treated as a waiver by the City of
any immunity to which it is entitled by law, including but not limited to the City's
sovereign immunity as set forth in Section 768.28, Florida Statutes.
8.10 INSURANCE: Consultant shall provide, pay for, and maintain in force at all times
during the services to be performed, such insurance, including Workers'
Compensation Insurance, Employer's Liability Insurance, Comprehensive
General Liability Insurance, Business Automobile Liability Insurance and
Professional Liability Insurance, as set forth herein. United States Treasury
approved companies authorized to do business in the State of Florida, and
having agents upon whom service of process may be made in the State of
Florida shall issue such policy or policies. Consultant shall specifically protect
City by naming City and City's officers, agents and employees as additional
insured under the Comprehensive General Liability Insurance Policy, and
Business Automobile Liability Insurance Policy, hereinafter described. The
Professional Liability Policy or certificate shall reference this Project.
All policies shall provide for a Notice of Cancellation and/or Restriction: The
policy(ies) must be endorsed to provide CITY with thirty (30) days advance notice
of cancellation and/or restriction.
8.10.1 Professional Liability Insurance: The limits of liability provided by such
policy shall be no less than Five Hundred Thousand Dollars
($500,000.00).
8.10.2 Worker's Compensation Insurance to apply to all employees in compliance
with the Worker's Compensation Law of the State of Florida and all
applicable federal laws.
8.10.3 Comprehensive General Liability Insurance with minimum limits of Five
Hundred Thousand Dollars ($500,000.00) per occurrence combined single
limit for Bodily Injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest edition of
the Comprehensive General Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must
include:
Premises and/or Operations.
Independent Contractors.
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Personal Injury Coverage with Employee and Contractual Exclusions
removed with minimum limits of coverage equal to those required for
Bodily Injury Liability and Property Damage Liability.
City and City's officers, agents and employees are to be named as
additional insureds with respect to liability arising out of operations
performed for City by or on behalf of Consultant in connection with such
operation.
8.10.4 Business Automobile Liability Insurance with minimum limits of Five
Hundred Thousand Dollars ($500,000.00) per occurrence combined single
limit for Bodily Injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest edition of
the Business Automobile Liability Policy, without restrictive endorsements,
as filed by the Insurance Services Office and must include:
Owned vehicles.
Hired and non-owned vehicles.
City and City's officers, agents and employees are to be named as
additional insureds with respect to liability arising out of operations
performed for City by or on behalf of Consultant in connection with
such operation.
8.10.5 Consultant shall provide City a Certificate of Insurance or a copy of all
insurance policies required by Section 8.9 including any subsection
thereunder. City reserves the right to require a certified copy of such
policies upon request. All endorsements and certificates shall state that City
shall be given thirty (30) days' notice prior to expiration, cancellation or
restriction of the policy.
8.11 REPRESENTATIVE OF CITY AND CONSULTANT: It is recognized that
questions in the day-to-day conduct of a Project will arise. The Contract
Administrator, upon request by Consultant, shall designate in writing and shall
advise Consultant in writing of one or more City employees to whom all
communications pertaining to the day-to-day conduct of Project shall be
addressed.
Consultant shall inform Contract Administrator in writing of the representative
of Consultant to whom matters involving the conduct of Project shall be
addressed. Consultant shall, at all times during this Agreement, have available
for consultation or otherwise, an employee who shall be familiar with all work
contemplated under this Agreement.
8.12 SCRUTINIZED COMPANIES
Consultant certifies that it and its subcontractors are not on the Scrutinized
Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City
may immediately terminate this Agreement at its sole option if the Consultant or
its subcontractors are found to have submitted a false certification; or if the
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Consultant, or its subcontractors are placed on the Scrutinized Companies that
Boycott Israel List or is engaged in the boycott of Israel during the term of the
Agreement.
The Consultant agrees to observe the above requirements for applicable
subcontracts entered into for the performance of work under this Agreement.
As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the
above-stated contracting prohibitions then they shall become inoperative.
8.13 AUDIT RIGHTS. City reserves the right to audit the records of Consultant (which
are pertinent to the services to be performed) at any time during the performance
and term of the Contract and after completion of contract term. If required by
City, Consultant shall agree to submit to an audit by an independent certified
public accountant selected by City. Consultant shall allow City to inspect,
examine and review the records of Consultant at any and all times during normal
business hours during the term of the Contract.
8.14 DISCRIMINATORY PRACTICES:
Consultant shall not deny service, deny access, or deny employment to any
person on the basis of race, color, creed, sex, sexual orientation, religion or
national origin. Consultant will strictly adhere to the equal employment
opportunity requirements and any applicable requirements established by the
State of Florida, or the Federal Government.
Consultant certifies and agrees that it is not currently engaged in, nor will it
engage in during the term of this Agreement, the boycott of a person or business
based in or doing business with a member of the World Trade Organization or
any country with which the United States has free trade.
8.15 WAIVER OF JURY TRIAL: The parties knowingly and expressly waive any right to a
trial by jury in any litigation between the parties in any way arises under this
Agreement.
8.16 ENTIRE AGREEMENT. The Agreement, as they may be amended from time to
time, represent the entire and integrated Agreement between the City and
Consultant and supersede all prior negotiations, representations or agreements,
written or oral. This Agreement may not be amended, changed, modified, or
otherwise altered in any respect, at any time after the execution hereof, except
by a written document executed in accordance with the requirements of this
Agreement. Waiver by either party of a breach of any provision of the Agreement
will not be deemed to be a waiver of any other breach of any provision of the
Agreement.
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8.17 CONFLICT OF PROVISIONS. In the event of any conflict between any
provisions in any attached Exhibit and this Agreement, the parties agree that the
provisions of this Agreement are controlling.
8.18 ALL PRIOR AGREEMENTS SUPERSEDED. This document incorporates and
includes all prior negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements, or understandings concerning the
subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements whether oral or written.
It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
8.19 NOTICES. Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified, and the
place for giving notice in compliance with the provisions of this paragraph. For the
present, the parties designate the following as the respective places for giving
notice, to wit:
FOR CITY:
Ronald J. Wasson
City Manager
City of Aventura
19200W.CountryClub Drive
Aventura, Florida 33180
305-466-8910
FOR CONSULTANT:
Rosana D. Cordova
President
Cordova Rodriguez &Assoc., Inc.
6941 SW 196th Ave, Suite 28,
Pembroke Pines, FL 33332
954-880-0180
8.20 TRUTH-IN-NEGOTIATION CERTIFICATE
Signature on this Agreement by Consultant shall act as the execution of a truth-
in-negotiation certificate stating that wage rates and other factual unit costs
supporting the compensation of this Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions
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thereto shall be adjusted to exclude any significant sums by which City
determines the contract price was increased due to inaccurate, incomplete, or
non-current wage rates and other factual unit costs. All such contract
adjustments shall be made within one year following the end of this Agreement.
8.21 NON-EXCLUSIVE AGREEMENT. The services to be provided by Consultant
pursuant to this Agreement shall be non-exclusive and nothing herein shall
preclude City from engaging other firms to perform the same or similar services
for the benefit of City within City's sole and absolute discretion.
8.22 WARRANTIES OF CONSULTANT: Consultant hereby warrants and represents
as follows:
At all times during the term of this Agreement, Consultant shall maintain in good
standing all required licenses, certifications and permits required under federal,
state and local laws necessary for the performance under this Agreement.
At all times during this Agreement, Consultant shall perform its obligations in a
prompt, professional and businesslike manner.
8.23 GOVERNING LAW. This Agreement shall be construed in accordance with the
laws of the State of Florida. Venue for any action shall be in Miami-Dade
County, Florida.
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IN WITNESS THEREOF, the parties hereto have made and executed this Agreement
on the respective dates under each signature.
CITY OF AVENTURA, FLORIDA
F"
�i By:
Ronald J. W son, City Manager
f `� Date: 1�� zd9
ATTEST: �.�o�
By:
Ellisa L. Horvath MM
City Clerk
APPROVED TO FORM:
By:
David Wolpin, Esq.
City Attorney
CONSULTANT
By:
/? 2. G�C�
Rosana D. Cordova, President
Date: Vi /
(corporate seal)
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CORDOVA
RODRIGUEZ
' 8d.ASSOCIATES,INC.
July 23,2019
Ms.Joanne Carr,AICP
Community Development Director
City of Aventura
19200 W.Country Club Drive
Aventura, FL 33180
Re: City of Aventura
Planning Services
Dear Ms.Carr:
Attached for your use are our hourly rates for this contract:
Planning Consultant: $125.00/hr
These hourly rates will be in effect beginning July 31,2019. Please let me know if you require any
additional information.
Sincerely, Q.),zei-2,e_4_,
Rosana D. Cordova, P.E.,AICP
Exhibit A
Broward Office Miami-Dade Office
6941 SW 19601 Avenue,Suite 28 1031 Ives Dairy Road Suite,228
Pembroke Pines,FL 33332 Miami,FL 33179
Office 954.880.0180 Fax-954.880.0181 Office 786.287.2530 Fax 866.682.8126
1MlV V.CRAergineering.com