HomeMy WebLinkAboutReso 2022-3290RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING AN AGREEMENT WITH SEPI CONSTRUCTION AND
ENGINEERING, INC. TO PROVIDE GENERAL PLANNING SERVICES, ON AN AS -
NEEDED BASIS, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND
DOLLARS ($100,000.00), 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, the City of Sunny Isles Beach ("City") is in need of a consultant to provide
general planning services on an as -needed basis ("Services"); and
WHEREAS, SEPI Construction and Engineering, Inc. ("Consultant") is a certified and
insured company with the necessary experience to provide the desired Services; and
WHEREAS, City of Oakland Park issued Request for Qualifications ("RFQ") R-2018-151
"General Planning Services Consultants" and awarded an agreement to The Mellgren Planning
Group beginning October 17, 2018, for an initial three (3) year term, terminating on October 16,
2021, with the option to renew for two (2) additional two (2) year terms; and
WHEREAS, on October 6, 2021, the City of Oakland Park amended the above referenced
agreement, exercising its first renewal term through October 16, 2023, adopting new hourly
service rates, and consenting to the assignment of the agreement from The Mellgren Planning
Group to the Consultant; and
WHEREAS, the City desires to enter into an agreement with Consultant, using City of
Oakland Park's solicitation information, Consultant's response, and the resulting contract and
amendments to provide the Services, on an as -needed basis; and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under
state, county or other governmental contracts, or competitive bids with other entities are
exempt from the City's competitive bidding procedures; and
WHEREAS, the City wishes to approve an Agreement with SEPI Construction and
Engineering, Inc. to provide general planning services on an as -needed basis, in an amount not
to exceed One Hundred Thousand Dollars ($100,000.00), 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. Approval of Agreement. The City Commission hereby approves an Agreement
with SEPI Construction and Engineering, Inc. to provide general planning services on an as -
needed basis, in an amount not to exceed One Hundred Thousand Dollars ($100,000.00),
attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is authorized to execute said Agreement.
@BCL@7CO2CD61.doc Page 1 of 2 111
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.
PASSED AND ADOPTED this 20th day of January 2022.
ricin Betancur, CMC, City Clerk
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
AND LEG S FICIENCY:
tr Edward A. Dion, City Attorney
Moved by: &C N UISC4 Seconded by: i !;� Uvvm&jr
Vote:
Mayor Scholl `� (Yes) (No)
Vice Mayor Viscarra 17 -
(Yes) (No)
Commissioner Lama '✓ (Yes) (No)
Commissioner Rabinovich (Yes) (No)
Commissioner Stuyvesant ✓ (Yes) (No)
@BCL@7CO2CD61.doc Page 2 of 2 112
OSUNIJY l5`efO
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AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
i P•
Fc F 0Z 4AND SEPI ENGINEERING & CONSTRUCTION, INC.
Wo ,N CONTRACT NO. 2022-7770
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this a446ay of At, 2022, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and SEPI ENGINEERING &
CONSTRUCTION, INC, a corporation authorized to do business in the State of Florida
(hereinafter referred to as "Consultant") whose Federal I.D. 4 is 56-2254014.
RECITALS
WHEREAS, the City is in need of Consultant to provide general planning services
on an as -needed basis ("Services"); and
WHEREAS, Consultant is a certified and insured company with the necessary experience
to provide the desired Services; and
WHEREAS, City of Oakland Park issued Request for Qualifications ("RFQ") R-2018-
151 "General Planning Services Consultants" and awarded an agreement to The Mellgren
Planning Group beginning October 17, 2018, for an initial three (3) year term, terminating on
October 16, 2021, with the option to renew for two (2) additional two (2) year terms; and
WHEREAS, on October 6, 2021, the City of Oakland Park amended the above referenced
agreement, exercising its first renewal term through October 16, 2023, adopting new hourly
service rates, and consenting to the assignment of the agreement from The Mellgren Planning
Group to the Consultant; and
WHEREAS, the City desires to enter into an agreement with Consultant, using City of
Oakland Park's solicitation information, Consultant's response, and the resulting contract and
amendments to provide the Services described in Exhibit "A", on an as -needed basis, attached
hereto and made part hereof, subject to the terms and conditions contained herein; and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under
state, county or other governmental contracts, or competitive bids with other entities are exempt
from the City's competitive bidding procedures; and
WHEREAS, the City wishes to contract with Consultant to provide the desired Services,
on an as -needed basis, as more particularly described in Exhibit "A" for a total amount not to
exceed One Hundred Thousand Dollars ($100,000.00).
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
MU
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
SEPI ENGINEERING & CONSTRUCTION, INC
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,
as well as the terms and conditions of City of Oakland Park issued Request for Qualifications
("RFQ") R-2018-151, Consultant's responose thereto, and awarded agreement dated October 17,
2018, as amended, which are specifically incorporated herein and made a part hereof as Exhibit
"A" (hereinafter referred to as "Contract Documents").
Except with regard to the bidding process, the term "City of Oakland Park" as set forth in the City
of Oakland Park Agreement and subsequent amendment, where context permits, means the City.
3. SERVICES. Consultant shall provide services to the City on an as -needed basis
pursuant to the terms and conditions set forth in the Contract Documents (hereinafter referred to
as "Services"). The Consultant agrees that it shall not perform any architectural or engineering
services that would fall within the scope of Florida's Consultant's Competitive Negotiations Act.
The Services shall be performed by Consultant to the full satisfaction of the City. Consultant
agrees to furnish all labor and material in a good and workmanlike and professional manner to
perform 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 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. In the event that the Consultant fails to complete the Services 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 Consultant's failure to
perform the Services.
4. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the initial term of this Agreement shall commence upon full execution of the
Agreement, and shall terminate on October 16, 2023. The City shall have the sole option to renew
the Agreement for a two-year (2) renewal term.
The terms of Sections 16 and 17 entitled "Indemnification and Waiver of Liability," and
"Compliance with Law," respectively, shall survive termination of this Agreement.
5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered,
the City shall pay Consultant compensation for the Services performed under this Agreement
pursuant to the fee schedule set forth in the Contract Documents, in an amount not to exceed One
Hundred Thousand Dollars ($100,000.00).
Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with
the Contract Documents and the schedule of charges as reflected in Exhibit "A" for the term of the
Agreement, including any option or extension periods, under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
SEPI ENGINEERING & CONSTRUCTION. INC
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
b. Payment Schedule. Consultant shall submit invoices to the City on a monthly basis.
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 Agreement number assigned hereto.
Invoices will be paid in accordance with the State of Florida Prompt Payment Act.
The City will pay properly submitted Consultant invoices within thirty (30) days of
receipt, for completed and accepted deliveries or specified services and/or goods,
unless the City notifies the Consultant in writing of the dispute, before payment is
due.
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. If the City should not appropriate or otherwise make available funds
sufficient to purchase the Services procured pursuant to this Agreement, the City
may unilaterally terminate any and all contractual or other obligations herein
without any further liability or penalty upon twenty (20) days' notice to Consultant.
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.
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. 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
SEPI ENGINEERING & CONSTRUCTION, INC
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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:
❑ Comprehensive General liability insurance on a comprehensive basis, including
Personal Injury Liability, in an amount not less than One Million Dollars
($1,000,000.00) combined single limit per occurrence for bodily injury and
property damage. The City of Sunny Isles Beach must be an additional insured with
respect to this coverage.
❑ Worker's Compensation, as required by state law. In addition, the policy(s) must
include Employers' Liability with a minimum limit of One Hundred Thousand
Dollars ($100,000.00).
❑ Automobile Liability which shall include coverage for all owned, non -owned and
hired vehicles for minimum limits of not less than Five Hundred Thousand Dollars
(500;000.00) combined single limit per occurrence for bodily injury and property
damage. The City of Sunny Isles Beach must be an additional insured with respect
to this coverage.
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 -Contractors or 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.
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,
SEPI ENGINEERING & CONSTRUCTION, INC 4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
(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 Paragraph 8A(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.
9. 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.
10. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, Consultant AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
by the City pursuant to Section 768.28, Florida Statutes.
SEPI ENGINEERING & CONSTRUCTION, INC
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
11. 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:
Stan Morris
With a copy to:
City Manager
Edward Dion, Esq.
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) 792-1776
Sunny Isles Beach, Florida 33160
Tel: 305 792-1766
If to the
Kaitlyn Forbes, AICP, CNU-A
Consultant:
Office Leader
SEPI Construction and Engineering,
Inc.
1 Glenwood Avenue, Suite 600
Raleigh, NC 27603
Tel: 919.789.9977
12. PUBLIC RECORDS. The Consultant shall be required to comply with the following
requirements under Florida's Public Records Law:
(i.) Consultant shall keep and maintain public records required by the City to perform the
service.
(ii.) Upon request from the City, 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.
(iii.) 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 contract term and following completion of the contract if the Consultant does not
transfer the records to the City.
(iv.) Consultant shall, upon completion of the contract, transfer, at no cost, to the City all
public records in possession of the Consultant or keep and maintain public records required by the
City to perform the service. If the Consultant transfers all public records to the City upon
completion of the contract, the Consultant shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Consultant
keeps and maintains public records upon completion of the contract, the Consultant shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided by Consultant to the City, upon request from the City, in a format that is compatible with
the information technology systems of the City.
SEPI ENGINEERING & CONSTRUCTION, INC 6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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
CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4"
Floor, Sunny Isles Beach, Florida 33160.
13. 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.
14. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of
the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will
not discriminate against any employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or
status with regard to public assistance.
The Consultant will take affirmative action to insure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination,
rates of pay or other forms of compensation, and selection for training, including apprenticeship.
The Consultant agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Consultant agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which
prohibits discrimination against the handicapped in any Federally assisted program.
15. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the
City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
which should conflict in any manner or degree with the performance of Services under this
Agreement. The Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be 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.
16. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, the Consultant agrees to indemnify and hold -harmless the City, its agents, representatives,
officers, directors, officials and employees from any claims, liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by
the professional negligence, error or omission of the Consultant or persons employed or utilized
by the Consultant in performance of Services under this Agreement.
SEPI ENGINEERING & CONSTRUCTION, INC
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Consultant shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
or pay for an attorney selected by the City to defend City, its agents, representatives, officers,
directors, officials and employees from and against any and all causes of action, demands, claims,
losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses,
caused or alleged to be caused by the intentional or negligent act of, or omission of Consultant,
including those of their employees, agents, servants, or officers, or accruing, resulting from, or
directly related to the subject matter of this Agreement including, without limitation, any and all
claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any lawsuit
or other proceeding is brought against City by reason of any such claim, cause of action or demand,
Consultant shall, upon written notice from City, resist and defend such lawsuit or proceeding by
counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum due Consultant under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents
specific consideration to the Consultant for the indemnification set forth in this Agreement.
17. 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.
18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede and take priority over any inconsistent or conflicting provisions that are contained in
any other document, including but not limited to Exhibit "A", "B", and "C".
19. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is
listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of
Israel is prohibited. Consultants must certify that the company is not participating in a boycott of
Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be
terminated at the City's option if it is discovered that the entity submitted false documents of
certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in
business operations in Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Consultants must submit the certification that is attached to this agreement as
Exhibit "B". Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Consultant of the City's determination concerning the
false certification. The Consultant shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination was in error. If the Consultant does not
SEPI ENGINEERING & CONSTRUCTION, INC
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
demonstrate that the City's determination of false certification was made in error, then the City
shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute
Section 287.135.
20. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal
governments, to verify the employment eligibility of all new public employees through the U.S.
Department of Homeland Security's E -Verify System, and further provides that a public employer
may not enter into a contract unless each party to the contract registers with and uses the E -Verify
system. Florida Statute 448.095 further provides that if a Consultant enters into a contract with a
subcontractor, the subcontractor must provide the Consultant with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In
accordance with Florida Statute 448.095, Consultant is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Consultant during the
contract term. Further, Consultant must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Consultant to ensure compliance with E -Verify
requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website
(https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The
Consultant must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Exhibit "C".
21. 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 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
[SIGNATURE PAGE TO FOLLOW]
SEPI ENGINEERING & CONSTRUCTION, INC
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
WITNESS:
///iri . 1 v.✓�!
W4.11--jormlig N
Dianne Winegarden
SEPI ENGINGEERING &
CONSTRUCTION, INC
Nick Ellis
President
Print Name Title
V
L
IM
Department Head
CITY OF SUNNY ISLES BEACH
BY:
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
ANWLEGA� LASUFFICIENCY
BY:�'/
ar A. Dion, City Attorney
SEPI ENGINEERING & CONSTRUCTION, INC 10
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Exhibit "A"
SEPI ENGINEERING & CONSTRUCTION, INC
S = P I WWW.SEPIINC.COM
RALEIGH
December 28, 2021
1 Glenwood Ave
Suite 600
Raleigh, NC 27603
The proposed scope of work shall be consistent with the scope of work described in
O: 919.789.9977
Genesis Cuevas
F: 919.789.9591
Purchasing Administrator, MPA, CPPB
CHARLOTTE
City of Sunny Isles Beach
11020 David Taylor Dr
18070 Collins Avenue
Suite 300
Sunny Isles Beach, FL 33160
Charlotte, NC 28262
O: 704.714.4880
All work will be conducted on an hourly basis. Hourly rates shall be consistent with
F: 704.714.4885
Subject: General Planning Services
WILMINGTON
5030 New Centre Dr
Dear Ms. Cuevas:
Suite B
SCHEDULE
Wilmington, NC 28403
SEPI is pleased to submit the following proposal to provide General Planning Services
O: 910.523.5715
F: 910.523.5716
to the City of Sunny Isles Beach under the Piggyback provisions of the City Code of
Ordinances. The proposed Piggyback contract is based on the approved and current
CHARLESTON
176 Croghan Spur Rd
City of Oakland Park General Planning Services contract awarded via Resolution
Suite 208
R-2021-128. This Resolution was approved by the City of Oakland Park on October 6,
Charleston, SC 29407
2021. All materials pertaining to this approved contract are included herein as Exhibit
O: 843.804.8486
F: 843.203.9049
A.
BEAUFORT
SCOPE OF WORK
2015 Boundary St
Suite 233
Beaufort, SC 29902
The proposed scope of work shall be consistent with the scope of work described in
O: 843.929.6854
the City of Oakland Park Request for Proposals RFP# 030218 General Planning
Services Consultants. Appended for reference.
PALMETTO
503 81h St
West Palmetto, FL
FEE
34221
O: 941.722.4562
All work will be conducted on an hourly basis. Hourly rates shall be consistent with
FORT LAUDERDALE
the approved rates included in Exhibit A, the City of Oakland Park R-2021-128.
3350 NW 531d St
Suite 101
Fort Lauderdale, FL
SCHEDULE
33309
O: 954.475.3070
Once authorized to proceed on any project, SEPI will coordinate with the City to
determine a deliverable timeline specific to each project.
X
SEPI
INVOICING
SEPI will invoice monthly. Payment is due upon receipt of invoice. Payments not
received within 30 days of the date of the invoice shall include interest of 1.5% per
month commencing on the 31st day. Any invoices past due over thirty days will result
in delay of the progress of the job until payment or payments are received.
CONFIDENTIALITY
This proposal was prepared by SEPI solely for your internal use in evaluating SEPI's
proposal and deciding whether to contract with SEPI to perform the services
described herein. SEPI considers the pricing, technical and business information
contained in this proposal to be proprietary and confidential. This proposal and the
information contained herein shall not be used for any purpose other than as
specifically stated above and shall not be disclosed to any other party without SEPI's
prior written consent.
ENGAGEMENT
If you have any questions regarding this proposal, please contact me at (954) 475
3070. We appreciate this opportunity to be of assistance and look forward to
providing professional services. Terms and Conditions shall be as approved in the
City of Oakland Park contract.
Respectfully Submitted,
SEPI Construction and Engineering, Inc.
2
SEN
The return of this executed document will serve as the Notice to Proceed.
SEPI Engineering & Construction, Inc. Accepted By,
Kaitlyn Forbes, AICP, CNU-A
Name
Signature
Title: Office Leader Title:
Date: December 28, 2021 Date:
U
of p AK LA,VO
AMENDED AGREEMENT FOR
GENERAL PLANNING SERVICES CONSULTANT
FIORIDP INCLUDING ASSIGNMENT
This AMENDED AGREEMENT is made this % day of &4WL—, 2021, for General Planning Services
Consultant by and between:
CITY OF OAKLAND PARK, a municipal corporation organized and existing under
the laws of the State of Florida whose address is 3650 NE 12 Avenue, Oakland Park,
FL 33334 ("City)",
and
SEPI ENGINEERING & CONSTRUCTION, INC., a North Carolina land planning and
development firm professional corporation authorized to do business in the State of
Florida, located at 1 Glenwood Avenue, Suite 600, Raleigh, NC 27603, hereinafter
"CONSULTANT."
City and CONSULTANT may each be referred to herein as "party" or collectively as "parties".
WHEREAS, on October 17, 2018, the City entered into an Agreement ("Original Agreement"), R-2018-
151, for a General Planning Services Consultant with The Mellgren Planning Group, Inc. ("Mellgren"), an urban
planning company located in Fort Lauderdale, FL, pursuant to the City's Request for Qualifications (RFQ) for
General Planning Services Consultant, RFQ #030218; and
WHEREAS, on July 13, 2020, Mellgren sold substantially all of its assets to CONSULTANT; and
WHEREAS, on August 11, 2021, Mellgren submitted a written request to the City to consent to the
assignment of the Original Agreement to CONSULTANT ("Exhibit X); and
WHEREAS, the City desires to contract with Mellgren's now parent company, the CONSULTANT, and
consented to the assignment of the Original Agreement on August 24, 2021; and
WHEREAS, the initial term of the Original Agreement was for three (3) years and the Original Agreement
expires on October 16, 2021; and
Page 1 of 4
t2.2021•12V
WHEREAS, the Original Agreement provides for an option to renew for two (2) additional 2 -year periods,
subject to the mutual written consent of the Parties, and the Parties seek to renew the Original Agreement for
the first 2 -year term beginning October 17, 2021 and ending October 16, 2023; and
WHEREAS, the Parties seek to further amend the Original Agreement to provide for adoption of
CONSULTANT'S current professional service rates, attached hereto as "EXHIBIT B", and to ensure compliance
with recent amendments to Florida law; and
WHEREAS, the Parties agree that all remaining provisions of the Original Agreement shall remain in
full force of effect.
WHEREAS, the Parties agree that all original terms & conditions and price remains the same as in the
Original Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and
other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree
as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated into this
Agreement.
Section 2. The Original Agreement is hereby renewed for the first 2 -year term which shall
commence on October 17, 2021 and terminate on October 16, 2023. In accordance with the Original Agreement,
the Parties, upon mutual written consent, upon expiration of the first renewal term, shall have the option to enter
into one (1) final 2 -year renewal term.
Section 3. Scrutinized Companies. CONSULTANT, its principals or owners, certify that they are
not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan
List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or are engaged in business
operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible
to, and may not, bid on, submit a proposal for, or enter into or renew a contract with any agency or local governmental
entity for goods or services of:
3.1 Any amount if, at the time bidding on, submitting a proposal for, or entering into or renewing such
contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or
3.2 One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or
renewing such contract, the company:
Page 2 of 4
3.2.1 Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section
215.473, Florida Statutes; or
3.2.2 Is engaged in business operations in Syria.
Section 4. E -Verify. CONSULTANT certifies that it is aware of and complies with the
requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described
herein below.
4.1 Definitions for this Section:
4.1.1 "Contractor" means a person or entity that has entered or is attempting to enter into a
contract with a public employer to provide labor, supplies, or services to such employer in
exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to,
CONSULTANT or consultant.
4.1.2 "Subcontractor" means a person or entity that provides labor, supplies, or services to
or for a contractor or another subcontractor in exchange for salary, wages, or other
remuneration.
4.1.3 "E -Verify system" means an Internet -based system operated by the United States
Department of Homeland Security that allows participating employers to electronically verify the
employment eligibility of newly hired employees.
4.2 Registration Requirement; Termination:
Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with
and use the E -verify system in order to verify the work authorization status of all newly hired employees.
Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to
verify the employment eligibility of:
4.2.1 All persons employed by a Contractor to perform employment duties within Florida
during the term of the contract;
4.2.2 All persons (including subconsultantslsubcontractors) assigned by Contractor to
perform work pursuant to the contract with the CITY OF OAKLAND PARK. The Contractor
acknowledges and agrees that registration and use of the U.S. Department of Homeland
Security's E -Verify System during the term of the contract is a condition of the contract with the
CITY OF OAKLAND PARK; and
4.2.3 The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes, but is not limited to
registration and utilization of the E -Verify System to verify the work authorization status of all
newly hired employees. Contractor shall also require all subcontractors to provide an affidavit
attesting that the subcontractor does not employ, contract with, or subcontract with, an
unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the
contract. Failure to comply will lead to termination of this Contract, or if a subcontractor
knowingly violates the statute, the subcontract must be terminated immediately. Any challenge
to termination under this provision must be filed in the Circuit Court no later than twenty (20)
calendar days after the date of termination. Termination of this Contract under this Section is
not a breach of contract and may not be considered as such. If this contract is terminated for
Page 3 of 4
a violation of the statute by the Contractor, the Contractor may not be awarded a public contract
for a period of one (1) year after the date of termination.
Section 5. That the Original Agreement, as amended and executed by the parties, shall remain in full
force and effect except as specifically amended herein.
IN WITNESS OF THE FOREGOING, the parties have hereunto set their hands and seals on the dates written
below.
CITY OF OAKLAND PARK, a Florida municipal
corporatio
BY. lak
ATTEST: CI M R
BY:
CITY LERK
8.2021. 1ze
APPROVED AS T� CAL FORM:
BY:
CITY AT RNEY
WITNESSED BY:
Jennifer Kiar
Print name
Jeff Katims. AICP
Print name
SEPI ENGINEERING & CONSTRUCTION
tJ
BY:
Name: Michele Mellgren. AICP
Title: Vice President - Planning
STATE: FLORIDA
COUNTY: Broward
Sworn to (or affirmed) and subscribed before me this 18th day of
October 20 21. by: Michele Mellgren, AICP
Name of person making statement
JENNIFER KIAR
MY COMMISSION k GG364109
EXPIRES: September 10, 2023 Sig re of Notary Public - State of Florida
Jennifer Kiar
Name of Notary Typed, Printed or Stamped
Personally Known X OR Produced Identification
Type of Identification Produced
Page 4 of 4
The Mellgren Planning Group Inc.
3350 NW 53rd Street, Suite 101
Fort Lauderdale, Florida 33309
August 11, 2021
Re: General Planning Services, by and 'between The Mellgren Planning Group Inc. (the
"Company") and the City of Oakland Park ("you" or "your"), dated as of August 11, 2021 (as
amended, supplemented or otherwise modified from time to time, the "Agreement")
Ladies and Gentlemen:
Please be advised that on July 13, 2020, the Company sold substantially all of its assets (the
"Transaction") to SEPI Engineering & Construction, Inc., a North Carolina professional corporation
("Buyer"). We appreciate your agreement to consent to the Transaction, and request that you
countersign this letter to acknowledge (i) your consent to (A) the Transaction and (B) the assignment
of the Agreement to Buyer in connection therewith (the "Assignment"), pursuant to and in
accordance any applicable provisions of the Agreement, (ii) your confirmation that the Assignment
will not constitute a breach, default, termination or otherwise alter, create or accelerate any rights or
obligations of the parties under the Agreement, and (iii) your agreement that the Agreement will
continue in full force and effect from and after the date of the Transaction.
This consent to the Transaction and the Assignment shall inure to the benefit of the Company
and Buyer (who shall be a third -party beneficiary of this letter agreement) and their respective
successors and assigns, and shall be binding upon the heirs, personal representatives, successors and
assigns of the undersigned.
The Transaction referenced herein is a confidential transaction. As such, we hereby request
your agreement that (except to the extent required by law) you will not divulge any of the
information contained herein or any information relating to the Transaction without the prior written
consent of the Company and Buyer.
Your acknowledgment and agreement to the foregoing terms will be evidenced by your
signature in the space provided below. Please sign and return an executed copy of this letter by
facsimile to 954-475-9550 or e-mail of a scanned .pdf file to Michele anfloridaplanning.net or
Mmellgren@sepiinc.com at your earliest convenience. Your prompt attention to this matter is
greatly appreciated. Please call me at 954-475-3070 with any questions regarding this letter.
Very truly yours,
THE MELLGREN PLANNING GROUP INC.
0
By: AiI6� g &�Q 0 a h
Michele Mellgren, President
025802.008-2480535vl
Agreed to and accepted by:
City of Oakland Park
Name:
Title:
025802.006-2460535vl
MELLGREN PLANNING
O SEE?I
RALEIGH NC
September 21, 2021
BEAUFORT NC
CHARLESTON SC
Peter M. Schwarz, AICP
CHARLOTTE NC
FORT LAUDERDALE FL
Director of Community and Economic Development
PALMETTO FL
City of Oakland Park
WILMINGTON NC
5399 North Dixie Highway
Suite 3
Oakland Park, FL 33334
RE: Extension of Continuing General Planning Consulting Services
Dear Mr. Schwarz:
I am pleased to provide this letter of interest to extend our planning services in
the City of Oakland Park. Since the contract inception, The Mellgren Planning
Group has been acquired by SEPI Engineering & Construction, Inc., an award
winning, multidisciplinary firm with offices throughout the southeast. The
contract extension, therefore, should be assigned to SEPI. Notwithstanding the
acquisition, please be assured that the same team members with whom you
have worked over the years are here to serve the City.
We agree to the original terms and conditions of the contract, noting that our
professional fees have been updated. These are shown on the attached rate
sheet, which should be incorporated into the contract extension.
Sincerely,
Michele Mellgren, AICP
Vice President - Planning
X
3350 NW 53RD STREET #101 FORT LAUDERDALE, FLORIDA 333091 TEL 954.475.3070 1 WWW.SEPIINC.COM
®N
RALEIGH
1 Glenwood Ave
Suite 600
Raleigh, NC 27603
O: 919.789.997
F: 919.789.9591
CHARLOTTE
11020 David Taylor Dr
Suite 300
Charlotte, NC 28262
O: 704.714.4880
F: 704.714.4885
WILMINGTON
5030 New Centre Dr
Suite B
Wilmington, NC 28403
0:910.523.5715
F: 910.523.5716
CHARLESTON
176 Croghan Spur Rd
Suite 208
Charleston, SC 29407
0:843.867.4243
F: 843.203.9049
BEAUFORT
2015 Boundary St
Suite 233
Beaufort, SC 29902
O: 843.929.6854
FORT LAUDERDALE
3350 NW 53 Street
Suite 101
Ft. Lauderdale, FL 33309
O: 954.475.3070
PALMETTO
503 8 Ave W
Palmetto, FL 34221
0:941,772.4561
2021 TIME AND MATERIAL FEE SCHEDULE
PROFESSIONAL SERVICES:
Sr. Planning Manager
Planning Manager
Senior Planner
Planner _
SUPPORT SERVICES:
Clerical
Project Administrative Assistant
MISCELLANEOUS:
Mileage
Meals & Lodging
Copies
Color Copies
Paper Prints (13 Size, 12" x 18")
Color — B Size
Paper Prints (C Size, 18" x 24")
Paper Prints (D Size, 24" x 36")
Paper Prints (E Size, 30" x 42")
Color Plots or Mylar (C Size, 18" x 24")
Color Plots or Mylar (D Size, 24" x 36")
Color Plots or Mylar (E Size, 30" x 42")
WWW.SEPIINC.COM
RATE PER HOUR ($)
185.00
175.00
150.00
100.00 _
75.00
85.00
Mileage set at current federal travel rates
Subcontracted Services Cost + 15%
0.15
0.75
0.75
3.50
1.75
2.50
2.75
20.00
25.00
30.00
A
IA
INA C�1'Y oN THE M��E
CITY OF OAKLAND PARK
3650 NE 12" Avenue
Oakland Park, FL 33334
AGREEMENT FOR GENERAL PLANNING SERVICES CONSULTANT
This AGREEMENT, made this `7 day of cA4, 2018, by and between the City of Oakland Park, acting
herein through its City Manager, hereinafter called "OWNER", and -01'e- hereinafter called
"CONTRACTOR". P\uw^ ,^� C-Iv,)r
WITNESSETH, that the parties hereto do mutually agree as follows:
ARTICLE I
That for, and in consideration of, the payments and agreements hereinafter mentioned, to be made
and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to
commence and complete the work described as follows:
The Contractor will provide services as identified in CONTRACTOR' s proposal submission
for RFP #030218.
All terms, conditions and provisions of RFP #030218 are incorporated herein by reference
and made specific part hereof.
ARTICLE II
In accordance with the Proposal, the Contractor shall fumish at his own expense all labor,
vehicles, materials, tools and equipment needed to perform the services required.
ARTICLE III
The initial term of this Agreement shall be for a period of three (3) years. The City shall have the
option to extend the contract for two (2) additional two-year periods, at terms and conditions
mutually acceptable to both parties.
In the event delivery/service is scheduled to end because of the expiration of this contract, the
Contractor shall continue to deliver/service upon the request of the Contract Administrator. The
extension period shall not extend for more than 90 days beyond the expiration date of the existing
contract. The Contractor shall be compensated for the product/service at the rate in effect when
this extension clause is invoked by the City.
/Z(_)_0 /S- iso
ARTICLE IV
If it is determined that it is in the best interest of either party of the Agreement to terminate this
Agreement prior to the expiration date, for cause, a thirty (30) calendar day written notice shall be
given by the party wishing to terminate this Agreement.
ARTICLE V
Contractor agrees to indemnify and save CITY, its public officials, agents, servants and
employees harmless from and against any and all claims arising out of or in any way connected
with the willful misconduct or negligence of the contractor, or its employees, to protect the CITY
and its interests from such actions of the contractor or sub -contractors. Contractor further agrees
to reimburse CITY for any and all court costs and other expenses, including reasonable attorney's
fees incurred by CITY in defending any action, at both the trial and appellate levels, including
paralegal expenses associated therewith, brought against CITY for injury or damage claimed to
have been suffered as a result of or in any way connected with contractor's willful misconduct or
negligence or that of its employees.
ARTICLE VI
Nondiscrimination Equal Employment Opportunity and Americans With Disabilities Act:
Contractor shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement.
Contractor shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act (ADA) in the course of providing any services funded by this Agreement,
including Titles I and H of the ADA (regarding nondiscrimination on the basis of disability), and
all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take
affirmative steps to ensure nondiscrimination in employment against disabled persons. Such
actions shall include, but not be limited to, the following: employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of
compensation, terms and conditions of employment, training (including apprenticeship) and
accessibility.
Contractor's decisions regarding the delivery of services under this Agreement shall be made
without regard to or consideration of race, age, religion, color, gender, sexual orientation,
gender identity, gender expression, national origin, marital status, physical or mental disability,
political affiliation, or any other factor which cannot be lawfully used as a basis for service
delivery.
Contractor shall not engage in or commit any discriminatory practice in violation of the Broward
County Human Rights Act (Broward County Code, Chapter 162) in performing any services
pursuant to this Agreement.
2
ARTICLE VII
Public Records
The City of Oakland Park is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall:
1. Keep and maintain public records that ordinarily and necessarily would be required by the City in
order to perform the service;
2. Provide the public with access to such public records on the same terms and conditions that the
City would provide the records and at a cost that does not exceed that provided in chapter 119,
Fla. Stat., or as otherwise provided by law;
3. Ensure that public records that are exempt or that are confidential and exempt from public record
requirements are not disclosed except as authorized by law; and
4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public
records in possession of the contractor upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt. All records stored electronically must
be provided to the City in a format that is compatible with the information technology systems of
the agency.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT
Renee M Shrout, CMC
City Clerk
City of Oakland Park
3650 NE 12 Avenue
Oakland Park Fl. 33334
954-630-4298
renees@oaklandparkfl.gov
The failure of Contractor to comply with the provisions set forth in this Article shall constitute a
Default and Breach of this Agreement and the City shall enforce the Default in accordance with
the provisions set forth in ARTICLE 1V.
3
CERTIFICATION PURSUANT TO FLORIDA
STATUTE § 287.135
I, ANLYNe\e, nA-Mo t4 n eras', Aen� on behalf of TAC. Aha` r Mivin'Nni, &7A ,
Print Name and Title -j Company Name
certify that Vc, Axe, \u <<.n �� �,��,,;,,,�, �.,,� , �, does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Contractor of the City's determination
concerning the false certification. The Contractor shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If the Contractor does not
demonstrate that the City's determination of false certification was made in error
then the City shall have the right to terminate the contract and seek civil remedies
pursuant to Florida Statute § 287.135.
Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with
companies for goods or services in any amount if at the time of bidding on,
submitting a proposal for, or entering into or renewing a contract if the company is
on the Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, F.S. or is engaged in a boycott of Israel; and
4
2) Contracting with companies, for goods or services over $1,000,000.00 that are
on either the Scrutinized Companies with activities in the Iran Petroleum Energy
Sector List, created pursuant to s. 215.473, or are engaged in business operations in
Syria.
As the person authorized to sign on behalf of the Contractor, I hereby certify that
the company identified above in the section entitled "Contractor Name" does not
participate in any boycott of Israel, is not listed on the Scrutinized Companies that
Boycott Israel List, is not listed on either the Scrutinized Companies with activities
in the Iran Petroleum Energy Sector List, and is not engaged in business operations
in Syria. I understand that pursuant to section 287.135, Florida Statutes, the
submission of a false certification may subject the company to civil penalties,
attorney's fees, and/or costs. I further understand that any contract with the City for
goods or services may be terminated at the option of the City if the company is
found to have submitted a false certification or has been placed on the Scrutinized
Companies with Activities in Sudan list or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List.
T"(. M-ekku.frn Unnri�nbi imr,,,�n
COMPANY NAME
0
"4U
SIGNATURE
PRINT NAME
Q rt S't ren }
TITLE
AGREEMENT:
IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3)
counterparts, each of which shalt be deemed an original, in the Year and Day first mentioned
above.
ATT
Rcnco Shrove—, City Clork
(SEAL)
6
ADDRESS: ,
r�
PHONE( G13'k,)41.5 - 3 01 u
arkc ot.F` Os k'0p.,kr
'rx OF S014 hT`
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Stan Morris, City Manager
DATE: January 20, 2022
RE: Approval of an Agreement with SEPI Construction and Engineering, Inc. fo
General Planning Services
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
As a result of reviewing recent development project applications, staff has discovered some
discrepancies between the City's Comprehensive Plan and its Land Development Regulations datinf
back several years. To rectify this as expeditiously as possible, and to evaluate whether there may be
other inconsistencies, it is my recommendation that we hire an independent, outside consultant to
provide a complete review of our Comprehensive Plan and Land Development Regulations. These arE
the documents that work in concert to guide the future development of Sunny Isles Beach and are
critically important for both the staff and Commission.
SEPI is a qualified consultant that has extensive experience in this subject matter. At the completion of
their review, they will provide the City with a detailed report of where these discrepancies exist. They
will work closely with our Planning and Zoning Director and our City Attorney to bring
recommendations to the Commission to resolve any discrepancies.
We request approval to piggyback the agreement SEPI has with the City of Oakland Park, and ente
into an agreement with SEPI in an amount not to exceed $100,000. The proposed agreement i!
attached with this resolution.
Funding for this item is budgeted for and available in the City Manager's budget under Professiona
Services.
Item Number: 10.J
109
ATTACHMENTS:
Resolution
Item Number: 10.1
110