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HomeMy WebLinkAboutReso 2025-387056 RESOLUTION NO. 2025 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, WAIVING THE BIDDING REQUIREMENTS SET FORTH IN CHAPTER 62 OF THE CITY'S CODE OF ORDINANCES; APPROVING AN AGREEMENT WITH COMPLETE CITIES PLANNING GROUP, LLC TO PROVIDE PLANNING SERVICES RELATED TO AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-EIGHT THOUSAND FIVE HUNDRED SEVENTY-SIX DOLLARS AND NO CENTS ($148,576.00), 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 Commission of the City of Sunny Isles Beach (the "City") is in need of a consultant to continue assisting the City in remedying inconsistencies between its Comprehensive Plan and its Land Development Regulations, as well as assisting in establishing a vision plan for Town Center North, and an analysis of the City's development bonus program, ("Services"); and WHEREAS, on January 18, 2024, via Resolution No. 2024-3601, the City Commission approved a Second Amendment to the Agreement with Transystems Corporation ("Transystems") to pursue a planning project aimed at mitigating identified discrepancies between the City's Comprehensive Plan and the Land Development Regulations ("Planning Project"); and WHEREAS, the individuals primarily responsible for the Planning Project have advised the City of their departure from Transystems and the formation of a new entity, Complete Cities Planning Group, LLC (the "Consultant"); and WHEREAS, the Consultant is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, in an effort to maintain continuity of Services for the Planning Project, the City Manager has recommended that it is in the best interests of the City to waive the bidding requirements set forth in Chapter 62 of the City's Code; and WHEREAS, pursuant to Section 62-12 of the City's Code of Ordinances (the "Code"), "the City Commission may authorize the waiver of competitive bidding procedures upon the recommendation of the City Manager that it is in the City's best interest to do so, to obtain goods and services which cannot be acquired through the normal purchasing process due to insufficient time, the nature of the goods or services, or other factors"; and WHEREAS, the City Commission wishes to approve an Agreement with the Consultant to provide the desired Services for the Planning Project, in an amount not to exceed One Hundred Forty -Eight Thousand Five Hundred Seventy -Six Dollars and No Cents ($148,576.00), attached hereto as Exhibit W. @BCL@A415FAD4 Page 1 of 2 285 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 the Consultant to provide the desired Services for the Planning Project, in an amount not to exceed One Hundred Forty -Eight Thousand Five Hundred Seventy -Six Dollars and No Cents ($148,576.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 2' ATTEST: n' Maurizio Betancu4 CMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 9//*6dk-- A in E. Boileau, P.A., for Nabors, Giblin & Nickerson, City Attorney Vote: Mayor Svechin �i(Yes) (No) Vice Mayor Lama (Yes) (No) Commissioner Joseph —/(Yes) (No) Commissioner Stuyvesant ✓ Yes) (No) Commissioner Viscarra ✓ (Yes) (No) @BCL@A415FAD4 Page 2 of 2 286 SUNNY 5< AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH ry o` SaN ^No AND COMPLETE CITIES PLANNING GROUP, LLC CONTRACT NO. 2025-9175 THIS CONTRACTUAL AGREEMENT (hereinafter "Agreement") is made this 0 day of August 2025, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter "City"), and COMPLETE CITIES PLANNING GROUP, LLC, a Florida limited liability company, whose Federal Employer Identification (FEI) No. is 93-4386927 (hereinafter "Consultant"). RECITALS WHEREAS, the City is in need of a Consultant to continue assisting the City with its project to remedy inconsistencies between its Comprehensive Plan, and its Land Development Regulations (hereinafter "LDR" ), as well as assisting in establishing a vision plan for Town Center North, and an analysis of the City's development bonus program, as more particularly described in Consultant's proposal, appended hereto as Attachment "A" (hereinafter "Services"); and WHEREAS, Consultant has the necessary experience to provide the desired Services; and WHEREAS, pursuant to the City's procurement code, Section 62-12, "[t]he City Commission may authorize the waiver of competitive bidding procedures upon the recommendation of the City Manager that it is in the City's best interest to do so, to obtain goods and services which cannot be acquired through the normal purchasing process due to insufficient time, the nature of the goods or services, or other factors;" and WHEREAS, based upon the current and continuing work being undertaken by Consultant to align the City's Comprehensive Plan and LDRs, which included collecting data, conducting public outreach including four workshops with the City Commission, and working with the Planning & Zoning Director to draft and present amendments to the Comprehensive Plan and Land Development Regulations, and based upon the continuity of services of such ongoing work, the City Manager has recommended that waiver of the competitive bidding procedures as it relates to the Services, and under the terms and conditions set forth herein, are in the City's best interests; and WHEREAS, the City wishes to enter into this Agreement with Consultant to provide the desired Services, as more particularly described in Attachment "A," for an amount not to exceed One Hundred Forty -Eight Thousand Five Hundred Seventy -Six Dollars and No Cents ($148,576.00); NOW THEREFORE, in consideration of the promises and the mutual covenants set forth herein, the Parties agree as follows: TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Consultant shall provide Services to the City pursuant to the terms and conditions set forth in this Agreement, as more particularly described in Attachment "A." The COMPLETE CITIES PLANNING GROUP, LLC City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Services shall be performed by Consultant to the full satisfaction of the City. Consultant agrees to furnish all Services in a professional manner. 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. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall commence upon the full execution of this Agreement and shall remain in effect for a period of two (2) years. The terms of Sections 10 and 16 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 4. COMPENSATION. During the term of this Agreement, the City shall pay Consultant compensation for the Services performed under this Agreement in an amount not to exceed One Hundred Forty -Eight Thousand Five Hundred Seventy -Six Dollars and No Cents ($148,576.00) under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. 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. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 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 thirty (30) 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 COMPLETE CITIES PLANNING GROUP. LLC City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Consultant. Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. 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. 6. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by consultant, its agents or employees; as indicated below: A. Professional Liability Insurance including Errors and Omissions with minimum limits of $2,000,000 per occurrence. B. Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of $1,000,000 per occurrence, and $2,000,000 in the aggregate. C. Worker's Compensation and employer's liability coverage, as required pursuant to Florida law, including limits not less than: (1) $500,000 each accident for bodily injury; (2) $500,000 each employee for bodily injury caused by disease. COMPLETE CITIES PLANNING GROUP, LLC City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax D. Business Automobile Liability which shall include coverage for all owned, non - owned and hired vehicles for minimum limits of a combined single limit of not less than $1,000,000 per accident. 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 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. 7. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the Agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Consultant in an amount equal to the actual cost of a third party to cure such failure. If Consultant fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. B. 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. C. 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. COMPLETE CITIES PLANNING GROUP, LLC 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax D. Termination for Convenience. Either party may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving the non -terminating party thirty (30) days written notice. E. 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. 8. 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 this Agreement terminates 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. 9. 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. 10. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, 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 COMPLETE CITIES PLANNING GROUP, LLC 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. Nothing herein shall be construed as a waiver of the City's rights, privileges, immunities, and or limitations as provided in Section 768.28, Florida Statutes. 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 electronic mail (e-mail) (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 City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 Tel: (305) 792-1766 smorrisa,sibfl.net aboileau n nlaw.com If to the Kaitlyn Forbes, AICP, CNU-A Consultant: Jeffrey Katims, AICP, CNU-A 200 S. Andrews Ave., Suite 504 Fort Lauderdale, Florida 33301 Tel: (954) 372-6767 kaitlyngcompletecities.net 'eff com letecities.net 12. PUBLIC RECORDS. The Consultant shall be required to comply with the following requirements under Florida's Public Records Law: A. Consultant shall keep and maintain public records required by the City to perform the service. B. 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. COMPLETE CITIES PLANNING GROUP, LLC City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax C. 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. D. 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. 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, 4tn 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, gender, 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. COMPLETE CITIES PLANNING GROUP. LLC City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 15. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by Section 2-11.1, Miami -Dade County Code of Ordinances, as amended, and by Section 33-3, Code of Ordinances of the City of Sunny Isles Beach, as amended, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor 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 Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor 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. 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. 17. 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. 18. INTELECTUAL PROPERTY. All intellectual property and related material (hereinafter "Intellectual Property") that is developed or produced under this Agreement, is a "work made for hire" and will be the sole property of the City. The use of the Intellectual Property by the City will not be restricted in any manner. The Consultant may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the City. The Consultant will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property. 19. OWNERSHIP OF DOCUMENTS. Consultant acknowledges and agrees that all documents produced by Consultant including, but not limited to, memoranda, research notes, correspondence, emails, and reports in the course performing the Services shall be the property of City, and Consultant shall retain no ownership, interest, or rights thereto. If requested, Consultant shall deliver the documents to City within fifteen (15) calendar days. 20. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. Consultant shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. Should the Consultant subcontract any services under this Agreement, it shall be done with continued liability for the Consultant. Consultant shall remain responsible for services, responsibilities, and liabilities of any person or entity acting under Consultant. Any assignment, transfer, or subcontract without the City's express prior written consent shall be null and void and shall constitute a material breach of this Agreement, upon which the CITY may immediately terminate the Agreement. COMPLETE CITIES PLANNING GROUP. LLC City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 21. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors 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 company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is 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. Consultant must submit the certification that is attached to this agreement as Attachment `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 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. 22. 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 1-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "C." 23. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking, a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Consultant must submit the affidavit that is attached to this agreement as COMPLETE CITIES PLANNING GROUP. LLC n City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "D," signed by an officer or an authorized representative of the Consultant, under penalty of perjury, attesting that Consultant does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. 24. 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 on the day and year first written above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGES TO FOLLOW] COMPLETE CITIES PLANNING GROUP, LLC 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax COMPLETE CITIES PLANNING GROUP, LLC By: _L1d,&,1tA — Kaitlyn F dles, AICP, CNU, Manager STATE OF FLORIDA: COUNTY OF_ yLoj�j;,r c, The foregoing instrument was acknowledged before me by means ofXphysical presence or ❑ online notarization, this ZS day of August, 2025, by Kaitlyn Forbes, AICP, CNU, as Manager of Complete Cities Planning Group, LLC. (SEAL) Personally Known>� or Produced Identification Type of Identification Produced: )lid -,,State of Florida of Notary Public) J�hn��e✓y`wy (Print, Type, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] Notary=StataofridaRillMy C521E COMPLETE CITIES PLANNING GROUP, LLC 11 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTEST: ; n /� CIT n II /I BY: F U BY: Mau'cio Betanc r, CMC Citv Clerk Department Head APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: lain E. Boileau, for Nabors, Giblin, Nickerson, P.A., City Attorney COMPLETE CITIES PLANNING GROUP, LLC 12 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment A COMPLETE CITIES PLANNING GROUP, LLC 13 Complete Cities Planning Group 200 S. Andrews Avenue, Ste 504 Fort Lauderdale, FL 33301 Tel 954 372-6767 DATE: MAY 27, 2025 TO: AMY CANALES, AICP, PLANNING AND ZONING DIRECTOR FROM: COMPLETE CITIES PLANNING GROUP, LLC SUBJECT: SUNNY ISLES BEACH: COMPLETION OF PHASE I AND ADDITION OF PHASE II SCOPE AND FEE PROPOSAL Task 1: Completion of Phase • Refer to Phase I Scope of Work Lump Sum Fee: $7,576 Task 2: Town Center North (TCN) — Comprehensive Plan Text Amendment Prepare draft of text amendment, based on adopted Vision Plan, route to staff for review. o Text amendment to include establishing base and maximum density and intensity for TCN (as applicable, based on revisions to bonus program in LDRs). o Also includes clean-up and revisions to references throughout FLUE, as they relate to the original TC vision, which may no longer be supported in TCN. ■ NOTE: Portion of city designated as Town Center South on zoning map is not included in revisions to vision or design language. If necessary, separate policies will be established to create distinction between Town Center North and South. Vision language specific to TC South remains. o Coordination with City Attorney regarding legal permissibility to reduce intensity and density standards. Currently, subject to underlying land use intensity and density standards. Ability to further reduce intensity and density standards on any property subject to legal review and determination. Complete Cities Planning Group 200 S. Andrews Avenue, Ste 504 Fort Lauderdale, FL 33301 Tel 954 372-6767 o NOTE. Based on public engagement and feedback, City may consider revising the land use Town Center overlay to limit the overlay to the eastern parcels, continuing regulation of western parcels in accordance with underlying land use category (Medium to High Density). • Respond to one (1) round of revisions per combined staff and legal review. • Prepare staff report, ordinance, and PowerPoint presentation. o See reference to attendance of 1-1 Commission meetings in Task 3, below. • Attend and present at LPA and Commission Public Hearing -1St reading (same meeting as Task 3). • Transmit amendment package to State. Respond to Objections and Comments, as applicable. • Attend and present at Commission 2nd reading (same meeting as Task 3). • Transmit adoption package. • Monthly staff meeting. • NOTE. If a map amendment is proposed, additional application to be filed. Separate ordinance required. Map amendments greater than 50 acres are subject to state review. Lump Sum Fee: $100,000 previously budgeted for Task 2 and Task 3. To remain. Excludes - fees for advertising, mail notice, and sign posting where necessary. To be billed monthly. Timing: Concurrent with Task 3. Estimated 10-12 months. SB 108 may impact timing and scope. Task 3: Town Center North - Land Development Code Regulations • Kick-off staff meeting for direction. • Prepare initial mark-up of Sec. 265-37 of LDRs, based on public outreach and commission feedback, including comments regarding existing code language. o Concurrently, city staff to provide initial mark-up for review. o Meeting with city staff to review respective initial mark-ups and comments. 0 Prepare draft of text amendments, route to staff for review. Complete Cities Planning Group 200 S. Andrews Avenue, Ste 504 Fort Lauderdale, FL 33301 Tel 954 372-6767 o NOTE. Scope of revisions is limited to strategic modifications to Sec. 265- 37 to implement the Vision Plan and Comprehensive Plan. The structure and framework of regulations will generally be modified to reflect regulations typically found in a Planned Commercial District style of regulations including performance standards. Regulations will not be modified to include form -based code, pattern book, or similar. Limited graphics maybe created, only where necessary. Amendment will include revisions to bonus program (coordinated in Task 4.A). Consultant will consider opportunities to reduce intensity and density where legally permissible based on public engagement and Commission feedback. o NOTE. In coordination with potential to revise land use map, City may consider reverting the zoning designation for western parcels to their previous designation - subject to legal review and determination. • Respond to one (1) round of combined staff and legal review. • Prepare for and facilitate a workshop with Commission to review draft updates. o Attend 1-1 meetings ahead of workshop, if applicable. • Respond to two (2) rounds of revisions per Commission direction and staff review, including legal review. • Prepare staff report, ordinance, and PowerPoint. • Attend Commission 1-1 Meetings ahead of 1St reading (to include comprehensive plan text amendment and land development code). • Attend and present at LPA and Commission Public Hearing -1St reading (Same meeting as Task 2). • Respond to revisions per Commission 1St reading. Include one (1) round of additional staff and legal review after updates. • Prepare updated staff report and agenda materials. • Attend Commission 1-1 meetings (if necessary) ahead of 2nd Reading. • Attend and present at Commission 2nd reading (same meeting as Task 2). • Monthly staff meeting. • NOTE: If a rezoning is proposed, additional application to be filed. Separate ordinance required. Lump Sum Fee• $100,000 previously budgeted for Task 2 and Task 3. To remain. Excludes - fees for advertising, mail notice, and sign posting where necessary. To be billed monthly. Complete Cities Planning Group 200 S. Andrews Avenue, Ste 504 Fort Lauderdale, FL 33301 Tel 954 372-6767 Timing: Concurrent with Task 2. Estimated 10-12 months. SB 108 may impact timing. Task 4: City Wide Bonus Program / Density and Intensity Revisions - Land Development Code Text Amendments • NOTE: Scope of the proposed revisions to density and intensity is limited to ensuring consistency between land use and zoning maximum allowances. Complete Cities does not anticipate establishing a revised vision plan for areas outside of TCN. Where the comprehensive plan is more restrictive, the code maybe amended to reflect the comprehensive plan allowances as determined legally feasible by the CityAttorney. • Up to two (2) meetings with selected consultant regarding participation unit pricing strategies and updates. o NOTE: Presumed that overarching participation unit concept remains, but pricing is updated. • Continue to review and assess existing bonus programs in the following zoning districts: Medium -High Density Multi -Family, Mixed Use -Resort, Business Overlay, and Neighborhood Business. Refine analysis regarding potential actions to maintain, revise, remove, or supplement existing bonus programs. o Refer to suggestions for the February 2025 Commission Workshop presentation. o Meeting with staff to review assessments and recommendations. • Prepare text amendments to land development code to: o Implement language to affirm bonuses are discretionary include fee-based bonuses. o Establish criteria for granting bonuses. Same criteria to be used for all zoning districts. o Clarify how bonus funds are to be used, including the types of projects are to be funded. o Amend bonus programs based on suggestions from February 2025 Commission Workshop. • Respond to one (1) round of review by staff and legal. • Prepare for and facilitate Commission Workshop to review proposed amendments. Complete Cities Planning Group 200 S. Andrews Avenue, Ste 504 Fort Lauderdale, FL 33301 Tel 954 372-6767 o Attend 1-1 Commission meetings, if applicable, ahead of workshop. • Revise draft amendments per Commission direction at workshop. o Respond to two (2) rounds of combined review by legal and staff. • Prepare staff report, ordinance, and PowerPoint presentation. o Attend Commission 1-1 meetings ahead of 1St reading, if applicable. • Attend and present at LPA and Commission 11t reading (Same meeting as Task 4.B) • Revise amendment per Commission direction. o Revise per legal review, subsequent to updates noted above. • Attend and present at Commission meeting, 2nd reading (Same meeting as Task 4.B). • Monthly staff meeting. Lump Sum Fee: $30,500 To be billed monthly. Timing: 8-10 months. SB 108 may impact timing. Concurrent with Task 4.B. Task 4.B: Northern Business Districts: Intensity and Density Revisions and Desgn Regulations — including Comprehensive Plan and Code Text Amendments Coordination meeting with City Attorney and City Staff to determine ability to reduce intensity and density allowances in subject land use and zoning designations. Note, Comprehensive Plan does not contemplate a "base"and "base + bonus"'allowance, as currently written. Prepare draft text amendments to both comprehensive plan and land development code to: Establish consistent intensity and density language in comprehensive plan and land development regulations with, and without, bonuses. o Staff may consider strategic LDR updates (site development standards) to implement the Vision Plan and public engagement sessions to. address building height and massing, ground floor treatment, and public realm design requirements. • Respond to one (1) round of revisions from city staff and legal review. • Prepare staff report, ordinance, and PowerPoint presentation. o Attend Commission 1-1 meetings ahead of 1St reading, if applicable. • Attend and present at LPA and Commission 1St reading (Same meeting as Task 4.A) • Revise amendment per Commission direction, if applicable. Complete Cities Planning Group 200 S. Andrews Avenue, Ste 504 Fort Lauderdale, FL 33301 Tel 954 372-6767 • Transmit proposed amendment package to State (if comprehensive plan amendment is necessary). o Respond to Objections and Comments, as applicable. • Attend and present at Commission meeting, 2nd reading (Same meeting as Task 4.A). • Monthly staff meeting. Lump Sum Fee: $10,500 (Public hearing fees included in 4.A above. Changes to schedule impacts fee). To be billed monthly. Timing: 8-10 months (may be longer if comprehensive plan text amendment is required due to transmittal process). SB 108 may impact timing. Concurrent with Task 4.A. Additional tasks outside of the scope outlined above to be billed at an hourly rate of $185 per hour. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment B COMPLETE CITIES PLANNING GROUP, LLC 14 OSUNNY `<F�9 a m � > n CONTRACTOR ANTI -BOYCOTT CERTIFICATION 0. �r *Fl0 e,oy [PURSUANT TO FLORIDA STATUTE § 287.135] L Kaitlyn Forbes , on behalf of Complete Cities Planning Group Print Name Company Name certifies that Complete Cities Planning Group 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 Terrorism Sectors List; and 5. Has not engaged in business operations in Cuba or Syria. - 6t&� Signature Principal Title 8.25.2025 Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment C COMPLETE CITIES PLANNING GROUP, LLC 15 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 contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor 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, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It Is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.a-verify.gov/emplovers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Complete Cities Planning Group Company Name Off eror ig ure Kaitlyn Forbes Print Name 93-4386927 Federal Employer Identification Number (FEIN) 8.25.2025 Date Principal Title Hn Swom to and subscribed before me on this this day of /-�yc1,),5�t' , 202 By 41L1 �1U fil ,rte f S Is personally known to me ❑ Has produced identification (type of identification produced: (--}�yvyul 1 L -r V�\ &y PrInf or Stamp of Notary Public Nolary Public state of Florida Jenniter Klor My commission HN 436621 Itll �Xpiret 911012027 Expiration Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment D COMPLETE CITIES PLANNING GROUP, LLC 16 Affidavit of Compliance with Anti -Human Trafficking Laws City of Sunny lslos Beach 18070 Collins Avorme Sunny Isles Beach, FL 33160 Tolohhono: (305) 947-0606 The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of perjury, as follows: 1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking). 2. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: August 25 -12025 Signed: La�t Entity: Complete Cities Planning Group Name: Kaitlyn Forbe Title: Principal STATE OF - 'r7 i\ A COUNTY OF The foregoing instrument was acknowledged before me, by means oK] physical presence or Ei online notarization, this ZSt`' day Of, , x.,,ufi- 202S by as v\c ���CA for C-�-1-, Vi(ri).i1n0, (��,,,� , who is personally known to me or who has produced as identification. Notary Public Signature: C ,-%2, c� Print Name: No Public State Jennifer Kler lMV�ny COmm16sion HN 436521 111► Expires 202 . State of Florida at Large (Seal) My commission expires: q L . �