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R7K-Execute Settlement Agmt And Release w- BAP CEI For FDOT Roadway ImprovementsCOMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The City Manager And City Clerk To Execute A Settlement Agreement Between The City Of Miami Beach And Bermello Ajamil & Partners, lnc., (BAP) ln The Negotiated Amount Of $80,000 For Extended Professional Construction Engineering And lnspection Services (CEl) For The Florida Department Of Transportation (FDOT) Roadway lmprovements Along lndian Creek Drive Between 26th And 41st Streets Build and maintain infrastructure with full Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Customer Satisfaction Survey indicated that over 77% of residents rated recentlv completed capital improvement proiects as "excellent" or "qood". The Florida Department of Transportation (FDOT) identified the need to perform roadway milling and resurfacing along lndian Creek Drive from 26tn to 4lstStreets as part of its five (5) year transportation plan. The FDOT work consisted of roadway milling and resurfacing, guardrail replacements, sidewalk replacement and bump-out construction at certain intersections. At the time, the City had planned two (2) capital project elements which consisted of the installation of a new 12-inch diameter water transmission main from 26th to 41st Street, along lndian Creek Drive, as well as the replacement of an existing wastewater interceptor pipe along lndian Creek Drive, between 28th and 41"tStreets. On March 18, 2009, the City Commission, pursuant to lnvitation to Bid 28-07/08, awarded a contract to proceed with the construction services for the installation of water mains, sanitary sewer mains, milling, and resurfacing improvements along lndian Creek Drive from 26th to 41't Streets. On September 9, 2009, the City Commission approved Resolution No. 2009-27169, to enter into a professional services agreement with the firm Bermello Ajamil & Partners, lnc. (BAP) for professional CEI services for the FDOT work along lndian Creek Drive from 26'n to 41'' Street in the amount of $129,942.74. On July 13, 2011 , the City Commission through Resolution No. 201 1-27703, approved a settlement agreement between the City and the Contractor in the amount of $1 ,197,966 for additional work related to water service transfers and side street service connections to the newly installed 12-inch watertransmission main and the work associated with an FPL duct bank in conflict with the proposed sewer main. The original project substantial completion date was August 23,2010. Due to the additional scope of work, the contract's completion date was extended to May 2012. During this additional time, BAP was required to perform extended CEI services, above and beyond the services contemplated under the original negotiated professional services agreement. The additional costforthe extended CEI services submitted by BAP was $1 17,213.58. AAP provided substantial documents supporting this amount. Staff reviewed the documentation and was able to substantiate $73,000 in additional costs for the extended services provided. On or about April 10, 2015, BAP filed a law suit against the City seeking damages of $108,997.35 plus prejudgment interest; plus costs; and for such further relief as the court may deem just and fair pertaining to the Project. ln an effort to resolve this issue, the City negotiated a settlement in the amount of $80,000. BAP has accepted the City's negotiated amount for the additional costs incurred and has executed the attached settlement agreement. It is recommended that the and Citv Commission adoot the resolution. 424-2949-061357 Water and Sewer Bonds 20005 Financial lmpact Summary: N/A David Martinez, Ext. 6972 ptember\ClP - Seplember 3C,Be.me:lJ S?lilenie.',iSer:1el!. Setllsrneni SUM[4ARY dccx ,DU AGENDA "'U frl I< olr;e 1-30-lSMIAMIBEACH1017 tlf- A r*"1 iLJLA\"-[i City of Miomi Beoch, .l700 Convenlion Center Drive. Miomi Beoch, Florido 33I39, www.miomibeochfl.gov COMMISSION MORANDUM TO:Mayor Phillip Levine and Members City FRoM: Jimmy L. Morales, City Manager DATE: September 30, 2015 SUBJECT: A RESOLUTION OF THE MAYOR IND CITY COMMISSION OF THE CITY OF MIAMI BEAGH, FLORIDA, APP AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A SETTLEMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND BERMELLO AJAMIL & PARTNERS, lNC., (BAP) IN THE NEGOTIATED AMOUNT OF $8O,OOO FOR EXTENDED PROFESSIONAL CONSTRUCTION ENGTNEERTNG AND TNSPECTTON SERVTCES (GEr) FOR THE FLORIDA DEPARTMENT OF TRANSPORTATTON (FDOT) ROADWAY IMPROVEMENTS ALONG INDIAN CREEK DRIVE BETWEEN 26TH AND 41ST STREETS ADMINISTRATION RECOMM EN DATION Adopt the Resolution. KEY INTENDED OUTCOME Build and maintain priority infrastructure with full accountability. FUNDING Funding for this additional professional construction engineering inspection services has been previously appropriated from the following fund: $80,000 424-2949-061357 Water and Sewer Bonds 20003 BACKGROUND The Florida Department of Transportation (FDOT) identified the need to perform roadway milling and resurfacing along lndian Creek Drive from 26th to 41"1 Streets as part of its five (5) year transportation plan. The FDOT work consisted of roadway milling and resurfacing, guardrail replacements, sidewalk replacement and bump-out construction at certain intersections. At the time, the City had planned two (2) capital project elements which consisted of the installation of a new 12-inch diameter water transmission main from 26th to 41't Street, along lndian Creek Drive, as well as the replacement of an existing wastewater interceptor pipe along lndian Creek Drive, between 28th and 41't Streets. On October 31, 2007 , the City entered into a Joint Participation Agreement (JPA) with the FDOT for the construction of roadway improvements along lndian Creek Drive between 26th and 41't Street. FDOT provided the City with construction plans prepared by Corradino Group and 1018 Commission Memorandum - Bermello Ajamil Settlement Agreement September 30, 201 5 Page 2 agreed to contribute with project funding in the amount of $1,501,000. The agreed upon funding for the FDOT portion of the work under the JPA between the City and FDOT was as follows: . Project Construction. Project Construction Engineering and lnspection (CEl) Services. Total Project Estimate $1,365,000$ 136.000 $1,501,000 Pursuant to section 2C oI the JPA, the City was to advertise for bids, let the CEI and construction contracts, administer, supervise, and inspect all aspects of FDOT's portion of the project. The City was required to retain the services of a CEl, which supervised the roadway improvements. FDOT allocated $136,000 for such services. On September 9, 2009, the City Commission approved Resolution No. 2009-27169, to enter into a professional services agreement with the firm Bermello Ajamil & Partners, lnc. (BAP) for professional CEI services for the FDOT work along lndian Creek Drive from 26th to 41't Street in the amount of $129,942.74. ANALYSIS On March 18, 2009, the City Commission, pursuant to lnvitation to Bid 28-07108, awarded a contract to proceed with the construction services for the installation of water mains, sanitary sewer mains, milling, and resurfacing improvements along lndian Creek Drive from 26th to 41't Streets. On July 13, 2011, the City Commission through Resolution No. 201 1-27703, approved a settlement agreement between the City and the Contractor in the amount of $1,197,966 for additional work related to water service transfers and side street service connections to the newly installed 12-inch water transmission main and the work associated with an FPL duct bank in conflict with the proposed sewer main. The original project substantial completion date was August 23, 2010. Due to the additional scope of work, the contract's completion date was extended to May 2012. During this additional time, BAP was required to perform extended CEI services, above and beyond the services contemplated under the original negotiated professional services agreement. The additional cost for the extended CEI services submitted by BAP was $1 17,213.58. BAP provided substantial documents supporting this amount. Staff reviewed the documentation and was able to substantiate $73,000 in additional costs for the extended services provided. On or about April 10,2015, BAP filed a law suit against the City seeking damages of $108,997.35 plus prejudgment interest; plus costs; and for such further relief as the court may deem just and fair pertaining to the Project. ln an effort to resolve this issue, the City negotiated a settlement in the amount of $80,000. BAP has accepted the City's negotiated amount for the additional costs incurred and has executed the attached settlement agreement. (Attached) CONCLUSION The Administration recommends approval of the Resolution. Attachment: Settlement Agreement JLM/ETC/A$\ l:\T*DrivelAGENDA\201S\Seplemler\ClP - Seplember 30\Sermeilo Settlerent\Bermello Selllerent - l;1El,lO.docx 1019 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE ATTACHED SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE CITY OF MIAM| BEACH AND BERMELLO AJAMIL & PARTNERS, !NC. (BAP), tN THE NEGOTIATED AMOUNT OF $8O,OOO, FOR EXTENDED PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPEGTION SERVICES (CEr) FOR THE FLORTDA DEPARTMENT OF TRANSPORTATION (FDOT) ROADWAY TMPROVEMENTS tN THE CITY ALONG INDIAN CREEK DRIVE BETWEEN 26TH AND 41ST STREETS. WHEREAS, the State of Florida Department of Transportation (FDOT) identified the need to perform roadway milling and resurfacing along lndian Creek Drive from 26th to 41tt Streets as part of its five year transportation plan; and WHEREAS, the City had two (2) capital project elements which consisted of the installation of a new 12-inch diameter water transmission main from 26th to 41st Street, along lndian Creek Drive, as well as the replacement of an existing 1S-inch diameter wastewater interceptor along lndian Creek Drive, between 28th and 41tt-Streets; and WHEREAS, on October 31 ,2007, the City entered into a Joint Partnership Agreement (JPA) with the Florida Department of Transportation (FDOT) forthe construction of roadway improvements along lndian Creek Drive between 26th and 41't Street (the Project); and WHEREAS, the Project's original substantial completion date was scheduled for August 23, 2010. As a result of the water service transfers and side street service connections to the newly installed 12-inch watertransmission main and the FPL sewer main conflict, contract final completion was achieved May 2012; and WHEREAS, BermelloAjamil& Partners, lnc. (BAP) continued providing construction, engineering, and inspection (CEl) services forthe Project perthe original agreement beyond August 23,2010; and WHEREAS, on or about April 10,2015, BAP filed a lawsuit against the City, styled Bermello Ajamil and Pafiners, lnc. v. The City of Miami Beach, Florida, Case No.2015- 006980-CA-01, in the Eleventh Judicial Circuit Court in and for Miami-Dade County, Florida, seeking damages of $108,997.35, plus prejudgment interest, costs, and for such further relief as the Court may deem just and fair pertaining to the Project; and WHEREAS, City staff reviewed the proposal and documentation submitted by BAP and was able to substantiate some of the additional costs for the extended CEI services provided by BAP; and WHEREAS, the City negotiated a settlement in the amount of $80,000 for the disputed claims; and WHEREAS, the City and BAP desire to resolve, compromise, and settle any and all claims and disputes regarding the Project; and 1020 WHEREAS, BAP has accepted the City's negotiated amount of $80,000 for the additional costs it incurred, and BAP has executed the attached Settlement Agreement and Release. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager and City Clerk to execute the attached Settlement Agreement and Release between the City of Miami Beach and Bermello Ajamil& Partners, lnc., (BAP) in the negotiated amount of $80,000, for extended professional construction engineering and inspection services (CEl) performed by BAP for the Florida Department of Transportation roadway improvements in the City along lndian Creek Drive between 26th and 41st Streets. PASSED and ADOPTED this day of 2015. Philip Levine, Mayor ATTEST: Rafael E. Granado, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION!L-A'\- q(ag - CityAttorney { Dote \,5 JLM/ETC/DM F:\T_Drive\AGENDA\201s\September\ClP - September 30\Bermello Settlement\Bermello Settlement - RESO.doc 1021 SETTLEMENT AGREEMENT AIID.RELEASE This Settlement Ageement and Release ("settlement Agreemenf') is made and entered into this day of , 20l5,by and between BERMELLO AJAMIL & PARTNERS, INC., a Florida corporation, (hereinafter "BAP") and the CITY OF MIAMI BEACH, FLORIDA, a municipal oorporation (hereinafter, the "CITY'). BAP and the CITY may also be referred to individually as a "Party," and collectively as the "Parties."l RECITALS WHEREAS, the CITY retained BAP to perform professional certified engineer inspection (CED services, in connection with the Florida Departnent of Transportation (FDOT) work included in the water mains and sanitary sewer mains, and milling and resurfacing improvements along tedian Creek Drive, between 266 and 41st Streets, in Miarni Beach, Florida (hereinafter the "Proj ect'); WHEREAS, pursuant to Resolution No. 2009-27169, on September 9,2009, the CITY entered into an agreement with BAP for said CEI services for the Project (the "Contract"); WIilREAS, during the course of the Project, numerous construction issues arose with respect to water main installation and other additionai work, which extended the completion time of the hoject. As a resulg BAP was required to perform extended CEI services above and beyond the services contemplated under the Contact; WEEREAS, BAP asserted claims for additional compensation pertaining to the Project, of which the CITY disputed the value of such additional services; WIIEREAS, on or about April 10, 2015, BAP filed that certain action styled as, Bermello Ajamil and Partners, Irrc. v. The City of Miami Beach, Florida, Case No. 2015-006980- CA-01, in the Eleventh Judicial Circuit in and for Miarni-Dade County, Florida (the "Action"), against the CITY, seeking damages pertaining to the Project; WHEREAS, the Panies desire to resolve, compromise and settle any and all claims and disputes, past, present or future, regarding the Project, regardless of responsibility, which were, or could have been, asserted in the Action based upon the terms set forttr in this Settlement Agreement; WHEREAS, the Parties believe it would be in their best interests and the interests of their respective citizens to agree to the provisions of tlis Settlement Ageement. ' Wherever used herein, th€ tenm '?arqy'' or "Parties" shall include singular and phual officers, directors, officers, heirs, legal representatives, assigns of individuals, and the successors and assips of corporations, and the use of any gender shall be held to include every other and all genders, wherever the context so admits or requires, 1022 NOW THEREFORE, in consideration of the mutual covenants, agreements, rurdertakings and representations contained herein and other good and valuable consideration, the receipt and sufEciency of which are hereby acknowledged by the Parties, the CITY and BAP agree as follows: 1. Recitals: The above Recitals are true and correct and are hereby made a material part of this Settlement Agreement and are binding upon the Parties. 2. Settlement: The Parties hereby settle and compromise all claims of any kind or nature (including any claims for attomey's fees and costs), relating, arising out of and/or in connection with the Project, except as set forth herein. 3. Settlement Terms: ln consideration for the releases executed herein, the Parties agr€e: (a) The CITY agrees to pay BAP the sum of Eighty Thousand Dollars and No Cents ($ 8 0,000. 0 0) (the " Settlement Palment"). O) The CITY will seek to place this item on the Agenda for the CITY Commission Meeting following the approval of the Settlement Agreement in form and correctness by the CITY Attomey and execution of the Settlement Agreement by BAP. (c) Subject to the CITY Commission's approval of this Settlement Agreement the Settlement Payment shall be made to BAP within thirty (30) days following CITY Commission approval of the Settlement Agreement, execution by the CITY of the associated Resolution approving such settlement and execution of the Settlement Agreement by the Parties. (d) Wi&in ten (10) days of the CITY's payment of the Settlement Payment to BAP pursuant to the terms and conditions set forth herein, BAP shall fi.le with the Court a Notice of Dismissal with Prejudice of the Action, each party to bear its own attorney's fees and costs. 4, Limited Releases: In furttrer consideration of the execution of this Settlement Agreement, the Parties for themselves and their respective parent companies, subsidiaries, divisions, affrliates, unit owners, insurers, officers, directors, agents, employees, subcontractors, representatives, successors and assigns (the "CITY Releasors" or "BAP Releasors," as the case may be), hereby execute, subject to the conditions and exclusions set forth in this Settlement Agreement the following Releases: (a) The BAP Releasors' Release of the CITY Releasors: Upon paynent of the Settlement Payment by the CITY, the BAP Releasors hereby remise, release, acquit, satisff and forever discharge the CITY Releasors, which throughout this Settlement Agreement includes, but is not limited to, its affiliates, Commissioners, insslsrs, sureties, 1023 directors, officers, employees, agents and attomeys, together with its hets, execu0ors, administators, associates, representatives, successors and assigns, of and from any and all manner of past, present and futtre slsims, action and actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contacts, controversies, agreements, promises, variances, ffespasses, obligations, damages, judgments, costs, expenses, cause and causes of action, executions, claims, liabilities, and demands whatsoever, in law or in equity, whether for compensatory, punitive, or other damages (collectively referred to in this Paragraph as the "Claims"), whieh the BAP Releasors have held or now hold, ever had, now have, or which the BAP Releasors hereinafter can, shall or may have against the CITY Releasors, for any and all Claims, whether known or unknown, arising from, pertaining to and/or in any way relating to the Project including, without limitation, Claims arising from or relating to demands for additional compensation for additional services, which were made or could have been made inthe Action. (b) The CITY Releasors' Release of the BAP Releasors: Upon dismissal of the Action with prejudice by BAP, the CITY Releasors hereby remise, release, acquit, satisff and forever discharge the BAP Releasors, which throughout this Settlement Agreement includes, but is not limited to, its affrliates, insurers, sureties, directors, officers, employees, agents and attorneys, together with its heirs, executors, administators, associates, representatives, successors and assigns, of and from any and all manner of past, present and future sl6ims, action and actions, suits, debts, dues, sums of money, accountsn rcckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, obligations, damages, judgments, costs, expenses, cause and causes of action, executions, claims and liabilities, and demands whatsoever, in law or in equity, whether for compensatory, puritive, or other damages (collectively referred to in this Paragraph as the "Claims"), which the CITY Releasors have held or now hold, ever had, now have, or which the CITY Releasors hereinafter caru shall or may have against the BAP Releasors, for any and all Claims, whether known or unknown, arising from, pertaining to and/or in any way relating to the Project including, without limitation, Claims arising from or relating to demands or claims for additional compensation for additional services, which were made or could have been made in the Action. 5. No Admission of Liabilitv: It is rmderstood and agreed that the claims in the Action, which are the subject of this Settlement Agreement, are disputed claims and that the execution of this Settlement Agreement by the Parties, and any exclusions set forth herein, are not intended to, and shnll not in any way, constitute or be deemed an express or implied admission or acceptance of any negligence, misconduct, responsibility or liability by the Parties or an admission against interest by the Parties, and that the Parties expressly and specifically deny all such claims. Such consideration is being glven to reduce the expense, uncertainties and hazards of litigation and to 1024 mitigate damages to each of the Parties. There shall not be any implication by any trier of fact or law of any admission or acceptance of liability or admission against interest by the Parties and it shall not be used agains the Parties in any attempt to prove any future liability claims. 6. Bindins Effect: CITY Commission Approval as Condifion Precedent: Subject to the following conditions set forth herein including without limitation, CITY Commission approval and execution and notarization by the Parties, this Settlement Agreement shall be binding upon the Parties and their respective successors and assigns. (a) The Parties hereto understand and agree that as a condition precedent to the effectiveness of this Settlement Agreement, the Settlement Agreement shall not be binding on the Parties and their respective successors and assigus until such time as the CITY Commission has approved same, and the Settlement Agreement is fully executed and notarized by the Parties to the Settlement Agreement. (b) CITY Commission approval is a material condition precedent to the execution and enforceability of this Settlement Agreement, without which the CITY does not agree to, and is not subject to, the terms and conditions contained herein and the Settlement Agreement shall be deemed null and void and of no force and effect. 7. Consideration; Leeal Representation: The Parties acknowledge that this Settlement Agreement is fully and adequately supported by sufficient and adequate consideration and is fair and reasonable. The Parties further acknowledge and agree that (i) each Party has had the opportunity to consult with, and has in fact consulted with such professionals, experts and legal counsel of its choice as such Party may have desired with respect to all matters settled and resolved herein; (ii) each Party has participated firlly in the negotiation and preparation of this Settlement Agreement; (iii) each Party has carefully reviewed this Settlement Agreement and is entering into same freely; and (1v) this Settlement Agreement is entered into in good faith and was not obtained by fraud, misrepresentation, or deceit. Accordingly, this Settlement Agreement shall not be more stictly construed against any Party. 8. Authoritv: Each Party represents and warrants to the other that the execution and delivery of this Settlement Agreement has been duly approved by all requisite and corporate or parhrership action (as applicable) required to be taken by zuch Party and each of the signatories hereto has the authority to execute this Settlement Agreement and to bind the Party on whose behalfhe or she has signed. 9. Severabilitv: [n the event any term or provision of this Settlement Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be considered separate and severable from this Settlement Agreement and the remaining provisions of the Settlement Agreement shall remain in fuIl force and eflect and bind the Parties as though the illegal or unenforceable provision had never been included in the Settlement Agreement. 1025 10. Modificatiou Waiver: This Settlement Agreement may only be modified in uriting signed by both Parties. No waiver or modification of the Settlernent Agreement or of any covsnant, condition or limitation contained herern, shall be valid unless in writing and signed by all Parties to the Settlement Agreement, or their authorized counsel. If the CITY or BAP excuses or condones any breach or default by the other Party of any obligation under this Settlement Agreement this shall not be a waiver of such obligation with respect to any continuing obligation or subsequent breach or default and no such waiver shall be implied. 11. Choice of Law: This Settlement Agreement is being consummated in the State of Florida, and the performance by the Parties hereto is in the State of Florida. This Settlement Agreement shall be consbrued and governed in accordance withthe laws of the State of Florida. 12. Yenue: The sole and exclusive venue for any dispute or lawsuit arising out of, or in connection with, this Settlement Agreement iasluding, without limitation, its interpretation and effect, and any action to enforce any provision contained herer4 shall be in a court of compctent jr.risdiction in and for Miami-Dade County, Florida. The Parties expressly agree to waive trial by jury to enforce this Settlement Agreement. 13. Entire Agreement: This Settlement Agreement constitutes the full and entire agreement and understanding between the Parties as related to the Project and there are no agreements, representations or warranties except as specifically set forth herein. The terms of this Settlement Agreement are contactual and not a mere recital. This Settlement Agteement replaces any prior or contempoftmeous written or oral representation or understanding about the terms of this Settlement Agreement. All prior agreements, discussions, negotiations, letters, demands and writings of any kind are fully merged into this Settlement Agreement and are to be construed to be of no further force or effect, it being the intention of the Parties that this Settlement Agreement shall ssrvg as the sole and entire expression of their agreement and understanding. This Settlement Agreement shall be binding on, and shall insure to the benefit of, the respective successors and assigns, rf any, of each Party. However, CITY Commission approval and execution and notarization by all Parties shall be a condition precedent to the effectiveness ofthis Settlement Agreement as binding against any Party. 14. Captions and Headinesl R.ef.prences: The captions and headings of this Settlement Agreement are for the purpose of convenience of reference only and in no way define, limit or describe the scope or intent of the Settlement Agreement or in any way affect the terms and conditions of this Settlement Agreement. All references in the Settlement Agreement to the terms "herein," "hereunder," 'tereof' and words of similar import shall refer to this Settlement Agreement as distinguished from the Paragraph, Section and/or Subsection within which such term is located. 15. Counterparts: This Settlement Agreement may be executed in counterparts with the sarne force and effect as if any signatures appeared on the same document. The Parties further 1026 a$ee that facsimile, digitally transmitted and electonic copies of an original signature shall be accepted as an authentic original signature. 16. Third Parties: Nothing express or implied in this Settlement Agreement is intended or should be construed to confer upon or grve any percon or entity, other than the CITY and BAP, any rights or remedies under, or by reason of, this Settlement Agreement. IN WITNESS WHEREOF, the Parties have set their hands and seals on the day and date first uritten above: lRemainder of page left intentionally blonk Signatures on the following pages.f 6 1027 BERMELLO AJAMIL & PARTNERS,INC. Attest: 5ut+ A. Bnrcos PrintName STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instnrment was acknowledged before me rhrs,QTTVday of Ald Oaf z}ls,Ay At)i "{ntq)t- ut PCest-D*ii of Bermello Ajam-it & Partners,Inc., who is personally known to me or who has produced .---*_-_ identification). (type of Notary Public - State of Florida My Commission Expires: 1028 THE CITY OF MIAMI BEACH,TLORIDA9 a Municipal Corporation of the State of Florida Print Name: Title: By: ATTEST: CITY CLERK SEAL: APPROVED AS TO FORM A}ID CORRECTNESS: -L 0"F l(ztI15 CITY ATTORNEY 1029 THIS PAGE INTENTIONALLY LEFT BLANK 1030