Res No 015-24-16120RESOLUTION NO. 015-24-16120
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING TASK 1 OF THE PROJECT SCOPE
FROM PLUS URBIA LLC D/B/A PLUSURBIA DESIGN FOR
PLACEMAKING, BRANDING, AND URBAN DESIGN
SERVICES FOR THE PORTION OF THE HOMETOWN
DISTRICT LOCATED ON SUNSET DRIVE AND
ADJACENT STREETS; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, the City of South Miami (the "City") desires to obtain placemaking,
branding, and urban design services (the "Services") for the City's Hometown District; and
WHEREAS, on September 1, 2023, the City issued a Request for Qualifications ("RFQ")
No. CSM2023-l 4 to obtain the Services for the Hometown District; and
WHEREAS, a Selection Committee appointed by the City Manager and City Commission
evaluated the responses received by the RFQ deadline and ranked Plus Urbia LLC d/b/a Plusurbia
Design (the "Consultant") as the highest-ranked responsible and qualified respondent to provide
the Services for the City; and
WHEREAS, on January 16, 2024, the City Commission adopted a Resolution selecting
the Consultant for the provision of the Services for the Hometown District and directed the City
Manager to negotiate an Agreement and a project scope for the provision of the Services for the
Hometown District with the Consultant; and
WHEREAS, the Consultant has provided a Project Scope, attached hereto as Exhibit "A,"
for the provision of the Services for the portion of the Hometown District located on Sunset Drive
and its adjacent streets (the "Phase 1 Scope"); and
WHEREAS, the City Commission desires to approve Task 1 (Data Collection and Existing
Conditions Assessment) of the Phase 1 Scope attached hereto as Exhibit "A", for a not to exceed
amount of $120,195.00; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Res. No. 015-24-16120
Section 2. Approval of Project Scope. The City Commission hereby approves Task
1 (Data Collection and Existing Conditions Assessment) of the Phase 1 Scope attached hereto as
Exh ibit "A," for a not to exceed amoun t of$120,195.00.
Section 3. Implementation. The City Manager is authorized to take any and all
actions necessary to implement Task 1 of the Phase 1 Scope into the agreement to be negotiated
between the City and the Consultant and the purposes of this Resolution.
Section 4. Conections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 5.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this 6th day ofFebrmuy, 2024.
ATTEST:
c1TYC~
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
WEISS SEROTA HELFMAN COLE
& BIERMAN, P.L.
CITY ATTORNEY
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
Commissioner Liebman:
Commissioner Corey:
Page 2 of2
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:8.
City Commission Agenda Item Report
Meeting Date: February 6, 2024
Submitted by: Roger Pou
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPROVING THE PROJECT SCOPE FROM PLUS URBIA LLC D/B/A PLUSURBIA DESIGN FOR
PLACEMAKING, BRANDING, AND URBAN DESIGN SERVICES FOR THE PORTION OF THE HOMETOWN
DISTRICT LOCATED ON SUNSET DRIVE AND ADJACENT STREETS; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER)
Suggested Action:
Attachments:
Placemaking_memo.docx
4841583-Resolution Approving Phase 1 Project Scope with Plus Urbia for Placemaking Branding and Design
Services.docx
20240130-SOUTH MIAMI SCOPE_PUD.pdf
20240123-SOMI-Draft Project Area-R02.png
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:February 6, 2024
SUBJECT:Placemaking, branding, and urban design scope
RECOMMENDATION:
Approve the attached project scope for placemaking, branding, and urban design services for
Sunset Drive and the adjacent streets.
BACKGROUND:
On September 1, 2023, the City issued a Request for Qualifications (“RFQ”) No. CSM2023-14 to
obtain the Services for the Hometown District.A Selection Committee evaluated the responses
received by the RFQ deadline and ranked Plusurbia LLC d/b/a Plusurbia Design (the “Consultant”)
as the highest-ranked responsible and qualified respondent to provide the Services for the City. On
January 16, 2024, the City Manager recommended selection of Plusurbia Design and was approved
by resolution thereby adopting and selecting the Consultant for the provision of the Services for
the Hometown District and directing the City Manager to negotiate an Agreement and a project
scope for the provision of the Services for the Hometown District with the Consultant.
The Consultant has provided a Project Scope, attached hereto as Exhibit “A,” for the provision of
the Services for the portion of the Hometown District located on Sunset Drive and its adjacent
streets (the “Phase 1 Scope”).
ATTACHMENTS:
Proposed resolution
Scope
2
Project: Sunset Drive - South Miami
PO#: 202400
Sheet: Scope + Fee
DISCOVERY 1 MONTH
DESIGN 3 MONTHS
SUNSET DRIVE + ADJACENT
FEES
Task 1: Data Collection and Existing Conditions Assessment Description:
$5,950.00
$5,965.00
$37,850.00
$8,610.00
$3,360.00
$2,070.00
$1,840.00
$3,280.00
$16,650.00
$10,215.00
$13,975.00
$10,430.00
TASK 1: SUBTOTAL $120,195.00
Task 2: Multimodal Planning
$39,670.00
Task 3: Streetscape & Placemaking (Identity)Description:
Define Study Area Limits
Surveys & Traffic Studies
ROW Assessment
Safety Assessment
Economic Conditions
Foot Traffic Trends
Regulatory Efficiency
Opportunities Assessment
Multimodal Conditions Assessment
Frontage and Land Use Assessment
Vegetative Assessment
Transportation / Mobility Assessment
Multimodal (Mobility) Plan The team will prepare recommendations to enhance
access conditions for bike/ped users as well as to addresss
micromobility needs. Recommendations from this plan
will inform the streetscpae design phase.
Collect existing base material
Team to map and assess existing street typologies and
sidewalk conditions. Team to assess current on-street
parking conditions.
Team to gather and analyse existing crash data (including
bike/ped)
Team to assess the corridor and surrounding area's
economic conditions, including commercial and residential
real estate trends, consumer behavior and supply and
demand, business investment and startups, tax base
assessment, demographics, labor and workforce trends.
Team will assess the corridor's customer and employee
foot traffic trends utilizing Placer.ai and other data to
identify near real-time behavior and impacts.
Team to assess the corridor and surrounding area's
regulatory structure from the perspective of facilitating
economic growth within the context of the city and
community's vision.
Team to identify initial opportunities for enhancement of
the corridor and surrounding area as a place that people
want to be and where customer spending and investment
consistent with the vision is feasible and encouraged.
Team to assess safety and access conditions of multimodal
facilities including intersection and crossing conditions for
non-motorized users. This subtask probably includes a
walking audit along the study area.
Team to gather and analyze frontage conditions, current
zoning, existing land uses, and Future Land Use
designations. Team to identify existing and potential
future conditions that interacts with the street space.
Team to assess existing vegetation along the corridors to
understand opportunities and constraints. Team to assess
canopy coverage and urban heat island for area.
Team to gather and analyze traffic speeds and volumes
within the study area. The team will also assess
signalization/ops conditions, as well as transit conditions
(service/frequency/ridership)
5
Planning-Level Concept Alternatives (3)
Branding/ Signage /Wayfinding
Typical Street Sections
Preliminary concept alternatives renderings/sketches
Traffic model scenarios / fatal-flaw analysis of proposed
alternatives (Build Scenarios)
Concept Alternatives Refinement
Illustrative Plan
Preferred Alternative Renderings/Eye-level Views
Steering Committee Meetings (Monthly - Virtual Meetings)
Stakeholder Meetings (During Discovery)
Open House (During Discovery Phase)
Discovery Workshop / Community Meeting (During Design
Phase- part of Task 2)
Corridor Alternatives Workshop / Community Meeting
(During Design Phase) (Drafts)
Presentations to City Commission (Once Arrived to Preferred
Alternative)
Schematic Design (35% Level)
Site Plan
Hardscape Plan
Planting Plan
Street Lighting Plan
Street Furniture Plan
Irrigation Layout Plan
Typical Sections
Details/ Specifications
Design Development (50% Level)
Hardscape Plan
Planting Plan
Street Lighting Plan
Street Furniture Plan
Irrigation Layout Plan
Typical Sections
Tree Removal/Protection Plan
Details/ Specifications
Construction Documents (80%-100% Level)
This is where the team prepares planning-level conceptual
alternatives and the formulation of an achievable design
(“Placemaking”) resulting from a melding of urban design,
landscape architecture, urban planning and engineering
principles.
City to identify and appoint committee members. Keeping
this working group to aproximately 8 people would be
ideal. (ideally these would be technical in nature: FDOT,
MDC, PW, etc.)
This is where we prepare and conduct public participation
to maintain an open line of communication that will
encourage cooperation from the community and
stakeholders. This plan runs through the entire project
timeline.
This is where the team will provide one full set of
construction documents developed in 3 design phases. The
design and construction documentation phase is a pivotal
stage in the process. It's where the conceptual and
schematic designs are translated into detailed plans and
specifications that will guide the actual construction of the
project. This phase is characterized by precision, detail,
and the involvement of various professionals to ensure the
accuracy and feasibility of the project. Plan sheets assume
a scale of 1"= 20' , sheet size 11x17 = 9 plan sheets of each
$68,720.00
$54,160.00
$34,730.00
$41,060.00
$23,975.00
$25,730.00
$21,295.00
$17,875.00
TASK 2 + 3: SUBTOTAL $327,215.00
Task 4: Managing Public Participation Efforts Description:
$25,320.00
$23,320.00
$21,400.00
$29,700.00
$23,650.00
$7,670.00
TASK 4: SUBTOTAL $145,240.00
Task 5: Design and Construction Drawings Description:
$4,940.00
$15,270.00
$9,070.00
$4,030.00
$8,150.00
$6,550.00
$5,285.00
$7,245.00
$23,820.00
$15,420.00
$8,790.00
$10,660.00
$11,330.00
$9,050.00
$15,220.00
$5,720.00
DIALOG (with Community)3 MONTHS concurrent with Task 2-3
DOCUMENTATION 8-10 MONTHS
SUNSET DRIVE ONLY *CDs for other streets will be performed under separate tasks.
6
Hardscape Plan
Planting Plan
Street Lighting Plan
Street Furniture Plan
Irrigation Layout Plan
Typical Sections
Tree Removal/Protection Plan
Details/ Specifications
Permitting
Bid Package Preparation
Bidding Assistance
Construction Meetings (24)
RFIS/ Shop Drawings
Site Visits (12)
Substantial Completion
Final Completion
Project Closeout
$32,220.00
$12,420.00
$12,420.00
$7,470.00
$7,980.00
$10,275.00
$6,860.00
$6,800.00
$14,460.00
TASK 5: SUBTOTAL $310,915.00
CONSTRUCTION ADMIN
$10,235.00
$6,495.00
$27,070.00
$12,620.00
$13,760.00
$8,760.00
$6,240.00
$6,240.00
$91,420.00
Construction administration is where the Team will shift its
role from design to overseeing the construction to ensure
that the streetscape is constructed as per the design
specifications (Quality Control Role)
CA: SUBTOTAL
GRAND TOTAL $994,985.00
7
8
D1RA IFT PROJECT A,REA _
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
PLUS URBIA, LLC D/B/A PLUSURBIA DESIGN
,_ THIS AGREEMENT (this "Agreement") is made effective as of the ltl-day of
r--ebu ~ ~i ~ (the "Effective Date"), by and between the CITY OF
SOUTH M~ I, a Florida municipal corporation, (the "City"), and PLUS URBIA, LLC D/B/A
PLUSURBIA DESIGN, a Florida limited liability company (the "Cons ultant").
WHEREAS, the City desires placemaking, branding, and urban design services
(the "Services," as further defined herein) for the City's Hometown District; and
WHEREAS, on September 1, 2023, the City issued Request for Qualifications No.
CSM2023-14 (the "RFQ") for the Services; and
WHEREAS, on January 16, 2024, the City Commission adopted Resolution No.O6-J!-{-/(D/1i)
selecting the Consultant as the highest ranked responsible and qualified respondent to provide the
Services and authorizing the City Manager to negotiate thi s Agreement with the Consultant; and
WHEREAS, the Consultant will perform the Services on behalf of the City in accordance
with the Scope of Services attached hereto as Exhibit "A" and the Proposal attached hereto as
Exhibit "B"; and
WHEREAS, the Consultant and City, through mutual negoti ation, have negotiated the
Rate Schedule attached he reto as Exhibit "C" for the provision of the Services; and
WHEREAS, the City desires to engage the Consultant to perform the Services and provide
the deliverables as specified below.
NOW, THEREFORE, in cons id eration of the mutual covenants and conditions contained
herein, the Consultant and the City agree as follows:
1. Scope of Services.
1.1. Consultant shall provide the Services in accordance with the Scope of Services attached
hereto as Exhibit "A" and the Proposal attached hereto as Exhibit "B" (the "Services").
1.2. Consultant shall furnish all reports, documents, a nd information obtain ed pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
"Deliverables") to the City.
2. Term/Commencement Date.
2.1. The term of thi s Agreement shall be from the Effective Date through three (3) years
thereafter, unless earlier terminated in accordance with Paragraph 8. Additionally, the
City Manager may renew this Agreement for two (2) additional one (I) year periods on
the same terms as set forth herein upon written notice to the Consultant.
2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services
within the term of this Agreement, unless extended by the City Manager.
3. Compensation and Payment.
3.1. Compensation for Services provided by Consultant shall be in accordance with the Rate
Schedule attached hereto as Exhibit "C."
3.2. Consultant shall deliver an invoice to City no more often than once per month detailing
Services completed and the amount due to Consultant under this Agreement. Fees shall be
paid in arrears each month, pursuant to Consultant's invoice, which shall be based upon the
percentage of work completed for each task invoiced. The City shall pay the Consultant in
accordance with the Florida Prompt Payment Act after approval and acceptance of the
Services by the City Manager.
4. Subconsultants.
4.1. The Consultant shall be responsible for all payments to any subconsultants and shall
maintain responsibility for all work related to the Services.
4.2. Consultant may only utilize the services of a particular subconsultant with the prior written
approval of the City Manager, which approval may be granted or withheld in the City
Manager's sole and absolute discretion.
5. City's Responsibilities.
5.1. City shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the City, and
provide criteria requested by Consultant to assist Consultant in performing the Services.
5.2. Upon Consultant's request, City shall reasonably cooperate in arranging access to public
information that may be required for Consultant to perform the Services.
6. Consultant's Responsibilities; Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion of this Agreement, it is determined that the Consultant's Deliverables
or Services are incorrect, not properly rendered, defective, or fail to conform to City
requests, the Consultant shall at Consultant's sole expense, immediately correct its
Deliverables or Services.
6.2. The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and pennits
required under Federal, State and local laws applicable to and necessary to perform the
Services for City as an independent contractor of the City. Consultant further warrants and
represents that it has the required knowledge, expertise, and experience to perfonn the
Services and carry out its obligations under this Agreement in a professional and first class
manner.
6.3. The Consultant represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authori7.ed, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the City.
8. Termination.
8.1. The City Manager, without cause, may terminate this Agreement upon five (5) calendar
days written notice to the Consultant, or immediately with cause.
8.2. Upon receipt of the City's written notice of termination, Consultant shall immediately stop
work on the project unless directed otherwise by the City Manager.
8.3. In the event of termination by the City, the Consultant shall be paid for all work accepted
by the City Manager up to the date of termination, provided that the Consultant has first
complied with the provisions of Paragraph 8.4.
8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps,
and data pertaining to the Services and the project to the City, in a hard copy and electronic
format within fourteen (14) days from the date of the written notice of termination or the
date of expiration of this Agreement.
9. Insurance.
9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance
of such types and in such amounts not less than those specified below as satisfactory to
City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better
by A.M. Best and qualified to do business in the State of Florida. The insurance coverage
shall be primary insurance with respect to the City, its officials, employees, agents, and
volunteers naming the City as additional insured. Any insurance maintained by the City
shall be in excess of the Consultant's insurance and shall not contribute to the Consultant's
insurance. The insurance coverages shall include at a minimum the amounts set forth in
this section and may be increased by the City as it deems necessary or prudent.
9.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property under
the care, custody and control of Consultant. The General Aggregate Liability limit
and the Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer's Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer's Liability with minimum limits of$1,000,000.00
each accident. No employee, subcontractor or agent of the Consultant shall be allowed
to provide Services pursuant to this Agreement who is not covered by Worker's
Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
9 .1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City,
reflecting the City as an Additional Insured ( except with respect to Professional Liability
Insurance and Worker's Compensation Insurance), no later than ten ( I 0) days after award
of this Agreement and prior to the execution of this Agreement by City and prior to
commencing Services. Each certificate shall include no less than (30) thirty-day advance
written notice to City prior to cancellation, termination, or material alteration of said
policies or insurance. The Consultant shall be responsible for assuring that the insurance
certificates required by this Section remain in full force and effect for the duration of this
Agreement, including any extensions or renewals that may be granted by the City. The
Certificates of Insurance shall not only name the types of policy(ies) provided, but also
shall refer specifically to this Agreement and shall state that such insurance is as required
by this Agreement. The City reserves the right to inspect and return a certified copy of
such policies, upon written request by the City. If a policy is due to expire prior to the
completion of the Services, renewal Certificates oflnsurance shall be furnished thirty (30)
calendar days prior to the date of their policy expiration. Each policy certificate shall be
endorsed with a provision that not less than thirty (30) calendar days' written notice shall
be provided to the City before any policy or coverage is cancelled or restricted.
Acceptance of the Certificate(s) is subject to approval of the City.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's
Compensation Insurance, the City is to be specifically included as an Additional Insured
for the liability of the City resulting from Services performed by or on behalf of the
Consultant in performance of this Agreement. The Consultant's insurance, including that
applicable to the City as an Additional Insured, shall apply on a primary basis and any
other insurance maintained by the City shall be in excess of and shall not contribute to the
Consultant's insurance. The Consultant's insurance shall contain a severability ofinterest
provision providing that, except with respect to the total limits of liability, the insurance
shall apply to each Insured or Additional Insured (for applicable policies) in the same
manner as if separate policies had been issued to each.
9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be
reasonably approved by the City. The Consultant shall be responsible for the payment of
any deductible or self-insured retentions in the event of any claim.
9.S. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the tenn of this Agreement, Consultant shall not discriminate
against any ofits employees or applicants for employment because of their race, color, religion,
sex, or national origin, and to abide by all Federal and State laws regarding nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys' fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses charged
for representation at both the trial and all appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1. Consultant shall indemnify and hold harmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, arising from Consultant's performance or non-
performance of any provision of this Agreement, including, but not limited to, liabilities
arising from contracts between the Consultant and third parties made pursuant to this
Agreement. Consultant shall reimburse the City for all its expenses including reasonable
attorneys' fees and costs incurred in and about the defense of any such claim or
investigation and for any judgment or damages arising from Consultant's performance or
non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the City
nor shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract. The City is subject to
section 768.28, Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
service, addressed to the parties ( or their successors) at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
1S. Entire Agreement/Modification/Amendment.
15.1. This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this
document.
16. Ownership and Access to Records and Audits.
16.1. Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the City which are conceived, developed or made by Consultant during the tenn of this
Agreement ("Work Product") belong to the City. Consultant shall promptly disclose such
Work Product to the City and perform all actions reasonably requested by the City
(whether during or after the term of this Agreement) to establish and confinn such
ownership (including, without limitation, assignments, powers of attorney and other
instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant's possession
or control in connection with Consultant's performance under this Agreement. The City
Manager or her designee shall, during the term of this Agreement and for a period of three
(3) years from the date of tennination of this Agreement, have access to and the right to
examine and audit any records of the Consultant involving transactions related to this
Agreement. Consultant additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. Consultant shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
disclosed, except as authorized by law, for the duration of the Agreement, and following
completion of the Agreement until the records are transferred to the City.
16.3. Upon request from the City's custodian of public records, Consultant shall provide
the City with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,
Florida Statutes, or as otherwise provided by law.
16.4. Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the City.
16.5. Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by Consultant shall be delivered to
the City in a format that is compatible with the City's information technology systems.
Once the public records have been delivered upon completion or termination of this
Agreement, the Consultant shall destroy any and all duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
16.6. Any compensation due to Consultant s hall be withheld until all records are received
as provided herein.
16.7. Consultant's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE
CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records:
Mailing address:
Telephone number:
Email:
Nkenga "Nikki" Payne, CMC, FCRM
6130 Sunset Drive
South Miami, FL 33143
305-663-6340
NPayne@southmiamifl.e;ov
17. Nonassignability. This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the City Manager. The City is relying upon the apparent
qualifications and expertise of the Consultant, and such firm's familiarity with the City's area,
circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the City with respect to
all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services under this
Agreement, and in particular shall obtain all required permits from all jurisdictional agencies
to perform the Services under this Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation, breach
or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed and
shall be fully enforceable by either party.
23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee working
solely for the Consultant, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
26. Conflicts; Order of Priority. This document without exhibits is referred to as the "Base
Agreement." In the event of a conflict between the terms of this Base Agreement and any
exhibits or attachments hereto, or any documents incorporated herein by reference, the conflict
shall be resolved in the following order of priorities and the more stringent criteria for
performance of the Services shall apply:
26.1. First Priority: Purchase Orders issued pursuant to this Agreement, with later
Purchase Orders taking precedence;
26.2. Second Priority: This Base Agreement;
26.3. Third Priority: Exhibit "A," the Scope of Services;
26.4. Fourth Priority: Exhibit "C," the Rate Schedule; and
26.5. Fifth Priority: Exhibit "B," the Cons ultant's Proposal.
27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires
all contractors doing business with the City to register with and use the E-Verify system to
verify the work authorization status of all newly hired employees. The City will not enter into
a contract unless each party to the contract registers with and uses the E-Verify system. The
contracting entity must provide its proof of enrollment in E-Verify. For instructions on how to
provide proof of the contracting entity's participation/enrollment in E-Verify, please vis it:
https://www.e-verify .gov/faq /how-do -i-provide -proof-of-my-parlici pa lionenrollment-in -e-
ver ify . By entering into thi s Agreement, the Contractor acknowledges that it has read Section
448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section
448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from
subcontractors; and has executed the required affidavit attached hereto and incorporated
herein.
[Remainder of page intentionally left blank.
Signature page and E-Verify Affidavit follows.]
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing
business with the City to register with and use the E-Verify system to verify the work authorization
status of all newly hired employees. The City will not enter into a contract unless each party to the
contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
D Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of:
State of Florida
County of M1,n,,1~o~f-
Carina Mendoza
Tit
Ent
ACKNOWLEDGMENT
The foregoing instrument was acknowledged before me by means of @"physical presence or D
online notarization, this~ day of f\Al'l'Q.q\ , 20..21., by u\Jl'\'N
l'A\l~ (name of person) as fl2.!t:lc.tetrk (type of authority) for
P4>~\l(2$A 9fS)\fill'l (name of party on behalf of whom instrument is executed).
,,1111,,,, CAMILA ZABLAH JIMENEZ
$'~ Notary Public-St.ate of Florida ~!-•§ Commission II HH 44?056
-;.~ ~ My Commission Expires N t p bl' ~,,1,~::,,,,,' September 24, 2027 O ary U IC
U:_~;;:;;;;;;;;;;;~~;;;;;;~ijmmissioned)
/ Personally known to me; or
p, or Type as
___ Produced identification (Type of Identification: ___________ -'
___ Did take an oath; or
___ Did not take an oath
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year
as first stated above .
TH MIAMI
By:
Genaro " ip" Iglesias
City Manager
Attest :
By: _~J-\Pl~-4--~--------
Nkenga " CMC, FCRM
City Clerk
Addre.sse.s for Notice:
Genaro "Chip" Iglesia s
City of South Miami
Attn: City Manager
6130 Sunset Dr ive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamitl .gov (email)
With a copy to :
Weiss Scrota Helfman Cole &-Biennan, P.L.
Attn: Lillian Arango, Esq.
City of South Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
larango@wsh-law.com (email)
PLUS URBIA, LLC 0/B/A PLUSURBIA DESIGN
\,
Entity : Plusurbia Design
Addresses for Notice:
___________ (telephone)
_________ (facsimile)
________ (email)
Wi ,I! ;\ copy to:
___________ (telephone)
___________ (facsimile)
___________ (email)