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HomeMy WebLinkAboutReso 2026-4005RESOLUTION NO. 2026 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A THIRD AMENDMENT TO THE AGREEMENT WITH M.T. CAUSLEY, LLC TO PROVIDE NON-EXCLUSIVE STRUCTURAL INSPECTION AND PLANS REVIEW SERVICES ON AN AS -NEEDED BASIS, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY THOUSAND DOLLARS AND NO CENTS ($130,000.00); AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; 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 (the "City") was in need of a firm to provide non-exclusive structural inspection and plans review services on an as -needed basis (the "Services"); and WHEREAS, on December 71h, 2023, the City Manager executed an Agreement with M.T. Causely, LLC (the "Firm") to provide the City with the Services, in an amount not to exceed $50,000.00 ("Original Agreement"); and WHEREAS, on July 18th, 2024, via Resolution No. 2024-3681, the City Commission approved a First Amendment to the Agreement with the Firm to provide the City with the Services, in an amount, not to exceed $200,000.00; and WHEREAS, on April 17, 2025, via Resolution No. 2025-3817, the City Commission approved a Second Amendment to the Agreement with the Firm to provide the City with the Services, in an amount not to exceed $250,000.00; and WHEREAS, the Services of the Original Agreement were procured utilizing the City of Doral, Florida, Contract No. RFQ 2023-04 ("Dora) RFQ"); and WHEREAS, pursuant to Section 62-13(C) of the City's Code of Ordinances, purchases made under state general service administration contracts, federal, county or other governmental contracts or competitive bids with other governmental agencies, are exempt from the competitive bidding requirements set forth in Chapter 62; and WHEREAS, due to ongoing challenges to fill several inspector vacancies, there is still a need to utilize the Services of the Firm; and WHEREAS, the City Commission wishes to approve a Third Amendment to the Original Agreement with the Firm for the Services, in an amount not to exceed One Hundred Thirty Thousand Dollars and No Cents ($130,000.00), bringing the total contract amount not to exceed Six Hundred Thirty Thousand Dollars and No Cents ($630,000.00), attached hereto as Exhibit „A„ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: R2026 Third Amend w MT Causely for Inspection Svcs.doc Page 1 of 2 Section 1. Approval of Third Amendment. The City Commission hereby approves a Third Amendment to the Original Agreement with the Firm for the Services, in an amount not to exceed One Hundred Thirty Thousand Dollars and No Cents ($130,000.00), bringing the total contract amount not to exceed Six Hundred Thirty Thousand Dollars and No Cents ($630,000.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said amendment. 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. Mauridio Beta PASSED AND ADOPTED on this 191h day of March 2026. Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: iculr, CIVIC, City Clerk Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: r C Seconded by: cp TO S09+ 1 Vote: Mayor Svechin Vice Mayor Viscarra Commissioner Joseph Commissioner LamaCL-6 goo") Commissioner Stuyvesant Yes) (No) (Yes) (Yes) (No) (No) Yes) (No) (Yes) (No) @BCL@C0142D00 Page 2 of 2 365 OF SUNNY rStFSd uz THIRD AMENDMENT TO THE PROFESSIONAL SERVICES FC/T)*FLOa° ybr AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND M.T. CAUSLEY, LLC THIS THIRD AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY ISLES BEACH (hereinafter "City") and M.T. CAUSLEY, LLC, a Florida limited liability company, whose Federal Employer Identification (FEI) Number is 65-0782808 (hereinafter "Consultant"), executed this 51'rday of March 2026, is made a part of the original Professional Services Agreement between the City and Consultant, dated December 7, 2023 ("the Agreement"), as amended on July 24, 2024, and on April 23, 2025, collectively attached hereto as Exhibit "A." The City and Consultant hereby agree as follows: 1. ADDITIONAL COMPENSATION. City and Consultant wish to amend Section 5 of the Agreement, entitled "Fee Schedule," to provide additional compensation for Services in an amount not to exceed One Hundred Thirty Thousand Dollars and No Cents ($130,000.00). The additional compensation provided herein will bring the total Agreement not -to -exceed amount to Six Hundred Thirty Thousand Dollars and No Cents ($630,000.00). 2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated December 7, 2023, as amended on July 24, 2024, and on April 23, 2025, shall remain in full force and effect. 3. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this Third Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms, statements, requirements, or provisions contained in any other document or attachment, including but not limited to Exhibit "A." IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of the date mentioned above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] M.T. CAUSLEY. LLC — THIRD AMENDMENT Page 1 of 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax M.T. CAUSLEY, LLC BY: /C Matthew K. ausley, President STATE OF FLORIDA: COUNTY OF Miami -Dade The foregoing instrument was acknowledged before me by means of ER physical presence or ❑ online notarization, this 31stday of March 2026, by Matthew K. Causley, as President of M.T. Causley, LLC. Type text here ry blic S ' to of Florida S ature of Notary P_u 1' Notary Public State of Florida Gladys G Zublrl III My Commission HH 317898 Expires 07I28/2026 (Print, Type, or Stamp Commissioned Name of Notary Public) P.:I�ersonally Kti6wn X or Produced Identification . Type o� Identifict%on Produced: ATE ES4 .j BY: 7 /U(JU' i aurici6; Betanc CMC City Clerk CITY S BEACH Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney M.T. CAUSLEY, LLC — THIRD AMENDMENT Page 2 of 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Exhibit A M.T. CAUSLEY, LLC — THIRD AMENDMENT Page 3 of 3 e yJNNY ,p �e F�`~ SECOND AMENDMENT TO THE PROFESSIONAL SERVICES : p�00.r4 C.t' 0{ SUN FHV AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND M.T. CAUSLEY, LLC THIS SECOND AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY ISLES BEACH ("City") and M.T. CAUSLEY, LLC, a Florida limited liability company, whose Federal Employer Identification (FEI) Number is 65-0782808 ("Consultant"), executed this 2ar day of April, 2025, is made a part of the original Professional Services Agreement between the City and Consultant, dated December 7, 2023 ("the Agreement"), as amended on July 24, 2024, attached hereto as Attachment "A." The City and Consultant hereby agree as follows: 1. ADDITIONAL COMPENSATION. City and Consultant wish to amend Section 5 of the Agreement, entitled "Fee Schedule," to provide additional compensation for Services in an amount not to exceed Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00). The additional compensation provided herein will bring the total Agreement not -to -exceed amount to Five Hundred Thousand Dollars and No Cents ($500,000.00). 2. CONSULTANT ACCESS TO RECORDS. City and Consultant also wish to amend Section 20 of the Agreement, entitled "Consultant Access to Records," as follows: 20. City and Consultant acknowledge that Consultant requires access to certain records and have access to certain City owned and operated systems and software in order for Consultant to perform the Services under this Agreement. Accordingly, City will either provide. Consultant such data from the records as Consultant may reasonably request or grant Consultant access to its records and records management software and systems so that Consultant may use such data. Data, documents, and any information provided to or downloaded by Consultant pursuant to this Section shall be used by Consultant solely in accordance with the terms of this Agreement. Consultant is subject to, and shall abide by, the City's Information Technology & Cybersecurity Policies. 3. 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 Attachment `B," 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. 4. 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. Companies must certify that it 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, 202 M.T. CAUSLEY, LLC —SECOND AMENDMENT Page 1 of 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 "C." 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. 5. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated December 7, 2023, as amended on July 24, 2024, shall remain in full force and effect. 6. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this Second Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms, statements, requirements, or provisions contained in any other document or attachment, including but not limited to Attachment "A." IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the date mentioned above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 203 M.T. CAUSLEY, LLC — SECOND AMENDMENT Page 2 of 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax M.T. CAUSLEY, LLC BY: hew K. ausley, President STATE OF FLORIDA: COUNTY OF MIAMI-DADE: The foregoing instrument was acknowledged before me by means of 2 physical presence or ❑ online notarization, this 21 st day of April, 2025, by Matthew K. Causley, as President of M.T. Causley, LLC. (SEAL) Pbli ate of Florida �igdtureof Notary Public) Notary Pubila StaD377698 Gladys © Illl My CommissionExpires 0712Gladys G. Zubiri (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known X or Produced Identification _ Type of Identification Produced: [ADDITIONAL SIGNATURE PAGE TO FOLLOW] M.T. CAUSLEY, LLC — SECOND AMENDMENT Page 3 of 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTEST: . /I / I CITY OF "ISLES BEACH :• CMC City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: c---- ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney 205 M.T. CAUSLEY, LLC —SECOND AMENDMENT Page 4 of 7 `SONNY lsl.f n FIRST AMENDMENT TO THE PROFESSIONAL SERVICES fe DF. FIOp\' AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND M.T. CAUSLEY, LLC THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY ISLES BEACH ("City") and M.T. CAUSLEY, LLC, a Florida limited liability company, whose���� Federal Employer Identification (FEI) Number is 65-0782808 ("Consultant"), executed this 24-Th day of July, 2024, is made a part of the original Professional Services Agreement between the City and Consultant, dated December 7, 2023 ("the Agreement"), attached hereto as Attachment "A." The City and Consultant hereby agree as follows: 1. ADDITIONAL COMPENSATION. City and Consultant wish to amend Section 5 of the Agreement, entitled "Fee Schedule," to provide additional compensation for Services in an amount not to exceed Two Hundred Thousand Dollars and No Cents ($200,000.00). The additional compensation provided herein will bring the total Agreement not to exceed amount to Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00). 2. 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 Attachment `B," 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. 3. 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. Companies must certify that it 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 "C." 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. 101 M.T. CAUSLEY, LLC—FIRST AMENDMENT Page 1 of7 206 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated December 7, 2023, shall remain in full force and effect. 5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms, statements, requirements, or provisions contained in any other document or attachment, including but not limited to Attachment "A." IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date mentioned above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] M.T. CAUSLEY, LLC—FIRST AMENDMENT Page 2 of 7 102 207 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax M.T. CAUSLEY, LLC BY: --`/�' Matthew Kj. ausley, President STATE OF FLORIDA: COUNTY OF MIAMI-DADE: The foregoing instrument was acknowledged before me by means of ❑ physicaI presence or ❑ online notarization, this 5th day of July , 2024, by Matthew K. Causley, as President of M.T. Causley, LLC. Notary Public State of Florida E Gladys O Zubiri My Commission HH 294756 Expires 7/2012026 Personally Known or Produced Identification Type of Identification Produced: I N tart' e; State of Florida (Signature of Notary Public) Gladys G. Zubiri (Print, Type, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] 103 M.T. CAUSLEY, LLC —FIRST AMENDMENT Page 3 of 7 208 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATT 1_ wil CITY OF UN ISLES BEACH BY: Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: � Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney M.T. CAUSLEY, LLC — FIRST AMENDMENT Page 4 of 7 104 209 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SUNNY ISLES BEACH, FLORIDA AND M.T. CAUSLEY, LLC This Professional Services Agreement ("Agreement") is made and entered into this-0—day of December, 2023, by and between the City of Sunny Isles Beach, a Florida municipal corporation ("Municipality") and M.T. Causley, LLC, a wholly awned subsidiary of SAFEbuilt, LLC, ("Consultant"). Municipality and Consultant shall be jointly referred to as "Parties". RECITALS WHEREAS, Municipality is in need of non-exclusive structural Inspection and plans review services on an as -requested basis ("Services"); and WHEREAS, Consultant is ready, willing, and able to perform the Services; and WHEREAS, the City of Doral issued Request for Qualifications RFQ No. 2023-04, "Building Inspection and Plans Review Services," appended hereto as Exhibit "A" and on August 22, 2023, the City of Doral entered into an Agreement with Consultant, appended hereto as Exhibit "B," for an initial three (3) year period terminating August 22, 2026, with the option to renew for two (2) additional one-year terms; and WHEREAS, Municipality desires to enter into an agreement with Consultant, using the City of Doral's solicitation information, and Consultant's response thereto, in a total contract not -to -exceed amount.of Fifty Thousand Dollars and No Cents ($50,000.00), to provide the Services as described herein, and subject to the terms and conditions contained herein; and WHEREAS, pursuant to Municipality's procurement code provisions, purchases made understate, county or other governmental contracts, or competitive bids with other entities are exempt from the City's competitive bidding procedures; NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Municipality and Consultant agree as follows; 1. TERM AND CONDITIONS Except as otherwise stated herein; the terms and conditions of this Agreement herein, as well as of the City of Doral's Agreement, RFQ and Consultant's responses thereto, shall form the bases of this Agreement with the Municipality. 2. COMMENCEMENT AND COMPLETION The term of this Agreement commences upon full execution of this Agreement and shall expire on August 22, 2026. Contingent upon the renewal of the City of Dora[ Agreement, Municipality reserves the right to extend this Agreement for two (2) additional one-year term provided both parties agree to the extension and such extension -is approved by Municipality. 3. CHANGES TO SCOPE OF SERVICES Any changes to Services between the Municipality and Consultant shall be -made in writing that shall speclfically designate any changes in Service levels and compensation for the Services. Both Parties shall determine 'a mutually agreed upon solution to alter services levels and a transitional timeframe that is mutually beneficial to both Parties. No changes shall be binding absent a written Agreement or Agreement Amendment executed by both Parties. Page 1 of 9 106 210 4. SCOPE OF SERVICE Consultant shall provide code compliant inspection and plan review services on an as -requested basis during normal business hours. Consultant will perform Services in accordance with codes, amendments and ordinances adopted by the elected body of Municipality, as well as state law. The qualified professionals employed by Consultant.will maintain current certifications, certificates, licenses as required for Services that they provide to Municipality In accordance with Chapter 468, Florida Statutes. S. FEE SCHEDULE Consultant fees for Services provided pursuant to this Agreement, in a total contract amount not -to - exceed Fifty Thousand Dollars and No Cents ($50,000.00), will be as follows: ::.. ,,�......._..... ,v......r..:. . ..:.........:.:...... a..:c :�� `;$>4d�141.7rdlIiiilriYRat Inspection Services $145.00 per hour — Includes Building, Roofing, Mechanical, Electrical and Plumbing Plan Review Services $125.00 per hour — Includes Building, Roofing, Mechanical, Electrical and Plumbing Plan Review Services $185.00 per hour — Structural Only Building Official $155.00 per hour Permit Technician $85.00 per hour *Services requested beyond CITY's normal business hours will be Invoiced at one - and -a -half (1.5) times the standard hourly rate, minimum two (2) hours. Services requested on a Saturday will be invoiced at one -and -a -half (1.5) times the standard hourly rate, minimum four (4) hours. Services requested on a Sunday or US Federal Holiday will be invoiced at two (2) times the standard hourly rate, minimum four (4) hours. 6. INVOICE & PAYMENT STRUCTURE Consultant will invoice the Municipality on a monthly basis and provide all necessary supporting documentation. All payments are due to Consultant within 30 days of Consultant's invoice date. Payments owed to Consultant but not made within sixty (60) days of invoice date shall bear simple interest at the rate of one and one-half percent (1.5%) per month. If payment is not received within ninety (90) days of invoice date, Services will be discontinued until all invoices and interest are paid in full. The Municipality may request, and the Consultant shall provide, additional information before approving the invoice. When additional Information is requested the Municipality will identify specific disputed item(s) and give specific reasons for any request. Undisputed portions of any invoice shall be due within 30 days of Consultants invoice date,'If additional Information is requested, Municipality will submit payment within thirty (30) days of resolution of the dispute, 7. TERMINATION Either party may terminate this Agreement, or any part of this Agreement upon ninety (90) days written notice, with or without cause and with no penalty or additional cost beyond the rates stated in this Agreement. In case of such termination, Consultant shall be entitled to receive payment for work completed up to and Including the date of termination within thirty (30) days of the termination. Page 2 of 9 107 211 8. NOTICES Any notice under this Agreement shall be in writing and shall be deemed sufficient when presented in person, or sent, pre -paid, first-class United States Mail, or delivered by electronic mail to the following addresses: If to the Municipality: Stan Morris, City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Email: smorris@sibfl.net If to the Consultant: Matthew K. Causley, President M.T. Causley, LLC 10720 Caribbean Blvd, Suite 650 Cutler Bay, FL 33189 Email: mtc@mtcinspectors.com CC: Jeannie Fabian, Account Manager Email: ieannie@mtcinsoectors.com 9. FORCE MAIEURE Any delay or nonperformance of any provision of this Agreement by either Party (with the exception of payment obligations) which is caused by events beyond the reasonable control of such party, shall not constitute a breach of this Agreement, and the time for performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing such performance. 10. WAIVER Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver -of any other right or power. 11. INDEPENDENT CONTRACTOR Consultant is an independent contractor, and, except as provided otherwise in this section, neither Consultant, nor any employee or agent thereof, shall be deemed for any reason to be an employee or agent of Municipality. Municipality shall have no liability or responsibility for any direct payment of any salaries, wages, payroll taxes, 'or any and all other forms or types of compensation or benefits to any personnel performing services for Municipality under this Agreement. Consultant shall be solely responsible for all compensation, benefits, insurance and employment -related rights of any person providing Services hereunder during the course of or arising or accruing as a result of any employment, whether past or present, with Consultant. Consultant and Municipality agree that Consultant will provide similar service to other clients while under contract with Municipality and Municipality acknowledges that Consultant employees may provide similar services to multiple clients. Consultant shall at its sole discretion assign and reassign qualified employees, as determined by Consultant, to perform services for Municipality. Municipality may request that a specific employee be assigned to or reassigned from work under this Agreement and Consultant shall consider that request when determining staffing. Consultant shall determine all conditions of employment for its employees, including hours, wages, working conditions, promotion, discipline, hiring and discharge. Consultant exclusively controls'the manner, means and methods by which services are provided to Municipality, including attendance'at meetings, and Consultant's employees are not subject to the direction and control of Municipality. Except where required by Municipality to use Municipality information technology equipment or when requested to perform the services from office space provided by the Municipality, Consultant employees shall perform the services using Consultant information technology equipment and from such locations as Consultant shall specify. No Consultant employee shall be assigned a Page 3 of 4 108 212 Municipal email address as their exclusive email address and any business cards or other IDs shall state that the person is an employee of Consultant or providing Services pursuant to a contractual agreement between Municipality and Consultant. It is the Intention of the Parties that Consultant shall be deemed to be an agent of the Municipality for purposes of Section 768.28 Florida Statute. 12. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall defend, indemnify, and hold harmless Municipality, its elected and appointed officials, employees and volunteers and others working on behalf of Municipality, from and against any and all third -party claims, demands, suits, costs (including reasonable legal costs), expenses, and liabilities ("Claims") alleging personal injury, including bodily injury or death, and/or property damage, but only to the extent that any such Claims are caused by the negligence of Consultant or any officer, employee, representative, or agent of Consultant. Consultant shall have no obligations under this Section to the extent that any Claim arises as a result of Consultant's compliance with Municipal law, ordinances, rules, regulations, resolution, executive orders or other instructions received from Municipality. To the fullest extent permitted by law and without waiver of governmental immunity, Municipality shall defend, indemnify, and hold harmless Consultant, its officers, employees, representatives, and agents, from and against any and all Claims alleging personal injury, including bodily injury or death, and/or property damage, but onlyto the extentthat such Claims are caused by (a) the negligence of, ormaterial breach of any obligation under this Agreement by, Municipality or any officer, employee, representative, or agent of Municipality or (b) Consultant`s compliance with Municipal law, ordinances, rules, regulations, resolutions, executive orders or other instructions received from Municipality. If either Party becomes aware of any incident likely to give rise to a Claim under the above indemnities, it shall notify the other and both Parties shall cooperate fully in investigating the incident. 13. LIMITS OF LIABILITY EXCEPT ONLY AS MAY BE EXPRESSLY SET FORTH HEREIN, CONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERROR -FREE OPERATION, PERFORMANCE, ACCURACY, OR -NON-INFRINGEMENT. EXCEPT TO THE EXTENT ARISING FROM MUNICIPALITY'S PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL CONSULTANT OR MUNICIPALITY BE LIABLE TO ONE ANOTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, EXEMPLARY, OR SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES. LOST DATA OR OTHER INFORMATION, OR LOST BUSINESS OPPORTUNITY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, INDEMNITY, NEGLIGENCE, WARRANTY, STRICT LIABILITY, ORTORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMAINING REMEDY. EXCEPT WITH RESPECT TO PAYMENT OBLIGATIONS FOR SERVICES, IN NO EVENT SHALL THE LIABILITY OF MUNICIPALITY OR CONSULTANT UNDER THIS AGREEMENT FROM ANY CAUSE OF ACTION WHATSOEVER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY NEGLIGENCE, INTENTIONAL CONDUCT, OR OTHERWISE) EXCEEDTHE GREATER OFTHE AMOUNTOF FEES PAID TO CONSULTANTPURSUANTTOTHIS AGREEMENT OR THE AVAILABLE LIMITS OF CONSULTANTS INSURANCE (SUCH LIMITS DEFINE MUNICIPAL MAXIMUM LIABILITY TO THE SAME EXTENTAS IF MUNICIPALITY HAD BEEN OBLIGATED TO PURCHASETHE POLICIES). 14. INSURANCE Consultant shall secure and maintain throughout the duration of this Agreement insurance of such type and in such amounts as required by City of Doral RFCtNo.2023-04. Municipality shall be named as an additional insured on all policies with the exception of Workers' Compensation. Certificates of Insurance shall be provided to Municipality atthe time of execution of this Agreement and certified copies provided upon request. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to Municipality before any policy or coverage is cancelled or restricted, or in accordance with policy provisions. Page 4 of 9 109 213 15. SOLICITATION/HIRING OF CONSULTANT'S EMPLOYEES During the term of this Agreement and for one year thereafter, Municipality shall not solicit, recruit or hire, or attempt to solicit, recruit or hire, any employee or former employee of Consultant who provided services to Municipality pursuant to this Agreement ("Service Providers"), or who interacted with Municipality in connection with the provision of such services (including but not limited to supervisors or managers of Service Providers, customer relations personnel, accounting personnel, and other support personnel of Consultant). The Parties agree that this provision is reasonable and necessary in order to preserve and protect Consultant's trade secrets and other confidential information, its investment in the training of its employees, the stability of its workforce, and its ability to provide competitive building department programs in this market. If any provision of this section is found by a court or arbitrator to be overly broad, unreasonable in scope or otherwise unenforceable, the Parties agree that such court or arbitrator shall modify such provision to the minimum extent necessary to render this section enforceable. In the event that Municipality hires any such employee duringthe specified period, Municipality shall pay to Consultant a placement fee equal to 100% of the employee's annual salary including bonus and training cost. 16. OWNERSHIP OF DOCUMENTS Except as expressly provided in this Agreement, Municipality shall retain ownership of all Materials and of all work product and deliverables created by Consultant pursuant to this Agreement. The Materials, work product and deliverables shall be used by Consultant solely as provided in this Agreement and for no other purposes without the express prior written consent of Municipality. As between Municipality and Consultant, all work product and deliverables shall become the exclusive property of Municipality when Consultant has been compensated for the same as set forth herein, and Municipality shall thereafter retain sole and exclusive rights to receive and use such materials in such manner and for such purposes as determined by It. Notwithstanding the preceding, Consultant may use the Materials, work product, deliverables, applications, records, documents and other materials provided to perform the Services or resuiting from the Services, for purposes of (1) benchmarking of Municipality's and other client's performance relative to that of other groups of customers served by Consultant; (11) improvement, development marketing and sales of existing and future Consultant services, tools and products; (iii) monitoring Service performance and making improvements to the Services. For the avoidance of doubt, Municipality Data will be provided to third parties, other than hosting providers, development consultants and other third parties providing services for Consultant, only on an anonymized basis and only as part of a larger body of anonymized data. If this Agreement expires or is terminated for any reason, all records, documents, notes, data and other materials maintained or stored in Consultant's secure proprietary software pertaining to Municipality will be exported into a CSV file and become property of Municipality. Notwithstanding the preceding, Consultant shall own all rights and title to any Consultant provided software and any improvements or derivative works thereof. Upon reasonable prior written notice, Municipality and its duly authorized representatives shall have access to any books, documents, papers and records of Consultant that are related to this Agreement for the purposes of audit or examination, other than Consultant's financial records, and may make excerpts and transcriptions of the same at the cost and expense of Municipality. 17. MUNICIPALITY OBLIGATIONS Municipality shall timely provide all data information, plans, specifications and other documentation reasonably required by Consultant to perform Services (Materials). Municipality has the right to grant and hereby grants Consultant a fully paid up, non-exclusive, non -transferable license to use the Materials in accordance with the terms.of this Agreement. 18. ASSIGNMENT AND SUBCONTRACT Neither party shall assign all or part of its rights or obligations under this Agreementto another entity without the written approval of both Parties; consent shall not be unreasonably withheld. Notwithstanding the preceding, Consultant may assign this Agreement in connection with the sale of all or substantially all of its assets or ownership interest, effective upon notice to Municipality, and may assign this Agreement to its parent, subsidiaries or sister companies (Affiliates) without notice to Municipality. Consultant may subcontract any or all of the services to its Affiliates without notice to Municipality. Consultant may Page 5of9 110 214 subcontract any or all of the services to other third parties provided that Consultant gives Municipality prior written notice of the persons or entities with which Consultant has subcontracted. Consultant remains responsible for any Affiliate's or subcontractor's performance or failure to perform. Affiliates and subcontractors will be subject to the same performance criteria expected of Consultant. Performance clauses will be included in agreements with all subcontractors to assure quality levels and agreed upon schedules are met. 19. CONFLICT OF INTEREST Consultant shall refrain from providing services to other persons, firms, or entities that would create a conflict of interest for Consultant with regard to providing the Service's pursuant to this Agreement. Consultant shall not offer or provide anything of benefit to any Municipal official or employee that would place the official or employee in a position of violating the public trust as provided under Municipality's charter and code of ordinances, state or federal statute, case law or ethical principles. 20. CONSULTANT ACCESS TO RECORDS Parties acknowledge that Consultant requires access to Records in order for Consultant to perform its obligations under this Agreement. Accordingly, Municipality will either provide to Consultant on a daily basis such data from the Records as Consultant may reasonably request (in an agreed electronic format) or grant Consultant access to its Records and Record management systems so that Consultant may download such data. Data provided to or downloaded by Consultant pursuant to this Section shall be used by Consultant solely In accordance with the terms of this Agreement. 21. E-VERIFY/VERIFICATOIN OF EMPLOYMNET STATUS Pursuant to FS 448.095, Consultant certifies that is it registered with and uses the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Consultant during the term of the Agreement. Consultant shall not knowingly employ or contract with an illegal alien to perform work underthis Agreement and will verify immigration status to confirm employment eligibility. If Consultant enters into a contract with a subcontractor to perform work or provide services pursuant to the Agreement, Consultant shall likewise require the subcontractor to comply with the requirements of FS 448.095, and the subcontractor shall provide to Consultant an affidavit stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. Consultant will maintain a copy of such affidavit for the duration of its contract with owner. Consultant is prohibited from using the E-Verify program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. 22. SCRUTINIZED COMPANIES Consultant verifies that it and any of its affiliates are not scrutinized companies as identified In Section 287.135, F.S. in addition, Consultant agrees to observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Municipality may immediately terminate this Agreement if the Consultant, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Consultant, its affiliates, or subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(3), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 23. PUBLIC RECORDS Pursuant to section 119.071, Florida Statures, Consultant shall comply with Florida's Public Records Act, Chapter 119, Florida Statutes, and agrees to: A. Keep and maintain all public records that ordinarily and necessarily would be required by Municipality to keep and maintain in order to perform. Services underthis Agreement. B. Upon request from Municipality's custodian of public records, provide copies to Municipality within a reasonable time and public access to said public records on the same terms and conditions that Municipality would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. Page 6 of 9 111 215 C. Ensure that said public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining said public records and transfer, at no cost, to Municipality all said public records in possession of Consultant upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from Chapter 119, Florida Statutes, disclosure requirements. All records stored electronically must be provided to Municipality in a format that is compatible with the information technology systems of Municipality. E. IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT MAURICIO BETANCUR, THE CUSTODIAN OF PUBLIC RECORDS, AT: 18070 COLLINS AVENUE, e" FLOOR SUNNY ISLES BEACH, FL 33160 P: (305) 792-1703 EMAIL: CITYCLERK@SIBFL.NET 24. GOVERNING LAW AND VENUE The negotiation and interpretation of this Agreement shall be construed under and governed by the laws of the State of Florida, without regards to its choice of laws provisions. Exclusive venue for any action under this Agreement, other than an action solely for equitable relief, shall be in the state and federal courts serving Miami -Dade County and each party waives any and all jurisdictional and other objections to such exclusive venue. 25. COUNTERPARTS This Agreement and any amendments may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. For purposes of executing this Agreement, scanned signatures shall be as valid as the original. 26. ELECTRONIC REPRESENTATIONS AND RECORDS Parties hereby agree to regard electronic representations of original signatures as legally sufficient for executing this Agreement and scanned signatures emailed by PDF or otherwise shall be as valid asthe original. Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 27. ENTIREAGREEMENT This Agreement, along with attached exhibits, constitutes the complete, entire and final agreement of the Parties hereto with respect to the subject. matter hereof, and shall supersede any and all previous communications, representations, whether oral or written, with respect to the subject matter hereof. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. IN WITNESS HEREOF, the undersigned have caused this Agreement to be executed in their respective names on the dates hereinafter enumerated. [SIGNATURE PAGE TO FOLLOW] Page 7 of 9 112 216 M.T. CAUSLEY, LLC By: .� Name: Matthew K. dusley Title: President Date: December 7. 2023 STATE OF FLORIDA: COUNTY OF MIAMI-DADE: The foregoing instrument was acknowledged before me by means of X physical presence or ❑ online notarization, this 7th day of December, 2023, by Matthew K. Causley, as President of M.T. Causley, LLC. (SEAL) Notary Public State of Florida Gladys O Zubiri My Commission NH 294756 Expires 7126/2026 Personally Known X or Produced Identification Type of Identification Produced: Note blic, State of Florida (Signature of Notary Public) Gladys G. Zubiri (Print, Type, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW) Page 8 of 9 113 217 CMC City Clerk CITY OF SUNNY ISLES BEACH f BY: A /"^fl . Stan Morris, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: .&— e U Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Page 9 of 9 m 114 218 ,fir t PLO CfTr QF 50K Alp 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 VIA: Stan Morris, City Manager FROM: Dylan Battles, Building Official DATE: March 19, 2026 RE: Third Amendment of Professional Services Agreement Between the City of Sunny Isles Beach and M.T. Causley, LLC RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: On December 7, 2023, the City entered into a Professional Services Agreement with M.T. Causley, LLC to provide non-exclusive structural inspection and plan review services on an as -needed basis. The agreement was executed utilizing the City of Doral's solicitation # RFQ 2023-04 titles "Building Inspection and Plans Review Services" and the consultant's submitted proposal, with an initial not -to - exceed amount of $50,000. Through Resolution No. 2024-3681, approved on July 18, 2024, the City Commission authorized the first amendment to the agreement, increasing the not -to -exceed amount to $250,000. Subsequently, on April 17, 2025, the City Commission approved Resolution No. 2025-3817 authorizing a second amendment to increase the not -to -exceed amount from $250,000 to $500,000 to support the Building Department's workload through the remainder of the piggyback contract term, ending August 22, 2026. Due to ongoing challenges in filling several inspector vacancies, the Building Department continues to rely on the consultant's services to maintain operational efficiency and meet inspection and plan review Item Number: 9.P 362 demands. As a result, the City desires to enter into a third amendment to the agreement to add an additional $130,000.00 to cover the anticipated workload for the remainder of the contract term ending August 22, 2026. Approval of these additional funds will bring the total not to exceed amount to $630,000.00. FUNDING SOURCE: Building Department Professional Services Account 140-4-5150-431000-00000. ATTACHMENTS: Resolution Third Amendment - MT Causley.pdf Item Number: 9.P 363