Res No 061-24-16166RESOLUTION NO. 061-24-16166
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, SELECTING JRD & ASSOCIATES FOR
BUILDING PERMIT STUDY SERVICES; AUTHORIZING
THE CITY MANAGER TO TRANSFER CONTINGENCY
FUNDS FOR THIS PURPOSE, AND TO NEGOTIATE AND
EXECUTE AN AGREEMENT FOR THE SERVICES IN AN
AMOUNT NOT TO EXCEED $25,000; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, Section 553.80, Florida Statutes, and the Florida Building Code mandates
that building permit fees be established by the Building Department in accordance with statutory
requirements and regulations; and •
WHEREAS, in order to ensure legal compliance and adherence to state regulations, the
City of South Miami Building Department must align its building pennit fees with the stipulations
set forth in the Florida Building Code; and
WHEREAS, the City of South Miami (the "City") desires to commission a building pe1mit
fee study to support a revised schedule of building pennit fees that meets the requirements of
Section 553.80, Florida Statutes, and the Florida Building Code (the "Services"), an expert service;
and
WHEREAS, JRD & Associates, Inc. ("JRD") possesses extensive experience in
conducting building permit fee studies for local governments in South Florida over the past 25
years, including Miami-Dade County, City of Miami, City of Miami Beach, City of Coral Gables,
and others, establishing a strong reputation for competence and reliability; and
WHEREAS, JRD has submitted a proposal, attached hereto as Exhibit "A" (the
"Proposal'1
) that outlines a comprehensive approach, comprising seven tasks, to examine and
reassess the City of South Miami building permit fees, including assessment of costs,
recommendations for changes to the fee schedule, development of a cost allocation methodology,
analysis of comparable pennit fees from other municipalities, projections of future revenue, and
presentation of draft and final results; and
WHEREAS, Section 5.H. of Article III, of the City's Charter, provides that competitive bids are
not applicable to the purchase of expert services that are approved by the City Commission; and
WHEREAS, City Commission desires to se]ect JRD to perfonn the Services and authorize
the City Manager to enter into an agreement with JRD, in substantially the form attached hereto as
Exhibit "B", in an amount not to exceed $25,000 (the "Agreement"); and
Res. No. 061-24-16166
WHEREAS, the cost of the Services shall be charged to Building Department Contractual
Services Account Number 001-1610-524-3450, which has a current balance of $1,000, or other
funding source as determined by the City Manager to be in the best interest of the City; 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 recital s are true and correct and are incorporated
herein by this reference.
Section 2. Selection. The City Commission hereby s elects JRD & Associates, Inc. for
the provision of the Services pursuant to the Proposal attached hereto as Exhibit "A."
Section 3. Transfer. The City Manager is hereby authorized to transfer $25,000 from
the City Manager's contingency line item 001-1310-5 I 3-9920 with a cmTent balance of $80,000
to the Bui !ding Department Contractual Services Account Number 001-1610-524-3450, which has
a current balance of $1,000.
Section 4. Authorization. The City Manager is hereby authorized to negotiate and
execute the Agreement with the Consultant, in substantially the form attached hereto as Exhibit
"B," for the provision of the Services consistent with the proposal of the Consultant attached hereto
as Exhibit "A" in an amount not to exceed $25,000, subject to the final approval of the City
Manager and City Attorney as lo form, content, and legal sufficiency. The City Manager is hereby
authoiized to charge the costs of the Services to Building Department Contractual Services
Account Number 001-1610-524-3450, which has a cu1Tent balance of $1.000, or other funding
source as determine d by the City Manager to be in the best interest of the City.
Section 5. Implementation. The City Manager is authorized lo take any and all
actions necessary to implement the Agreement and the purposes oftbis Resolution.
Section 6. Cor1·ections. 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 signat11re .
Section 7.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this~ clay of May, 2024.
CIT mK
Page 2 of3
Res. No. 061-24-16166
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
WEIS ~N .COLE
& BIERMAN, P.L.
CITY A TIORNEY
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Co mmissioner Calle:
Commi ss ioner Liebman:
Commis si oner Corey:
Page 3 of3
5-0
Y ea
Yea
Yea
Yea
Yea
Agenda Item No:10.
City Commission Agenda Item Report
Meeting Date: May 7, 2024
Submitted by: Marcus Lightfoot
Submitting Department: Building Department
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
SELECTING JRD & ASSOCIATES FOR BUILDING PERMIT STUDY SERVICES; AUTHORIZING THE CITY
MANAGER TO TRANSFER CONTINGENCY FUNDS FOR THIS PURPOSE, AND TO NEGOTIATE AND
EXECUTE AN AGREEMENT FOR THE SERVICES IN AN AMOUNT NOT TO EXCEED $25,000; PROVIDING
FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-BUILDING
DEPT.)
Suggested Action:
Attachments:
CM_Memo_Permit_Fee_Study__1_ (1).docx
Resolution_Approving_Agreement_with_JRD_for_Permit_Fee_Study_-_CAv5.docx
JRD & Associates City of South Miami Building Permit Fee Study Proposal.pdf
4879020-Professional Services Agreement for Building Permit Fees Study - JRD & Associates, Inc..DOCX
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:May 7, 2024
SUBJECT:Building Permit Fee Study
RECOMMENDATION:Approval of the building permit fee study to be performed by JRD and
Associates.
BACKGROUND:The resolution outlines key considerations and justifications for the
commission's decision to approve the proposal. These include:
1.Legal Compliance with Florida Building Code:The resolution
emphasizes the importance of aligning building permit fees with the
statutory requirements and regulations outlined in the Florida Building
Code to ensure legal compliance.
2.JRD & Associates, Inc.’s Expertise and Experience:The commission
acknowledges JRD’s extensive 25-year experience in conducting
building permit fee studies for local governments in South Florida,
including reputable municipalities such as Miami-Dade County, City of
Miami, City of Miami Beach, and others.
3.Comprehensive Approach in Proposal:The resolution highlights the
comprehensive seven-task approach proposed by JRD, covering cost
assessment, fee schedule recommendations, cost allocation
methodology development, comparative analysis with other
municipalities, revenue projection, and presentation of draft and final
results.
4.Transparent Fee Structure:It is noted that the proposed fee of $25,000
includes all expenses related to the tasks outlined in the proposal,
ensuring transparency in the financial arrangement.
5.Exemption from Competitive Bidding Requirements:The resolution
cites Article III, Section 5 of the City Charter, stating that expert services
approved by the City Commission are not subject to competitive
bidding requirements.
6.Agreement Approval:The commission expresses the desire to approve
an agreement with JRD & Associates, Inc., attached as Exhibit “A,”
consistent with the Proposal attached as Exhibit “B.”
7.Best Interest and Welfare of the City:The commission finds that the
resolution is in the best interest and welfare of the City.
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITYMANAGER
INTER-OFFICE MEMORANDUM
FUNDING:Not to exceed $25,000.00 charged to the Building Department’s
Contractual Services.
ATTACHMENTS:Resolution
Proposal
3
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
JRD & ASSOCIATES , INC.
>I'/\ THIS AGREEMENT (thi s "A gree ment") is mad e e ffectiv e as o f the -~ da y of
1.!...l lli'\ , 2 0 24 (the "Effecti ve Da te"), by a nd between th e CITY OF
SOUTH ' MIAMI, a Florida munic ipal corpo rati o n, (he reinafte r th e "C ity "), and JRD &
ASSOCIATES, INC., a Fl o rida profit c o rp o rati o n (he re in a ft e r, the "Cons ultant").
WHEREAS , the C ity des ires to c o mmi ssio n a building p e rmi t fe e study to s uppo rt a
revised sch e dule o f building pe rmit fe es th a t m ee ts the re quire me nt s o f Secti o n 5 53 .80, Fl o rid a
Sta tutes , and the Fl o rida Building C ode (th e "Se rv ic es"); a nd
WHEREAS, th e C ons ulta nt w ill pe rform ser v ic es o n be half of th e C ity, a ll as furth er se t
forth in th e Proposal date d O c to be r 3 1, 2 023 , attache d h e reto as Exhibit "A " (the "S ervice s"); and
WHEREAS, th e C ons ultant a nd City, thro ug h mutua l negoti a ti o n, h av e a g re ed upo n a fee
fo r th e Ser v ic es ; a nd
WHERE AS, the C ity desires to e ngage th e Co ns ulta nt to pe r fo rm the Ser v ices a nd prov id e
the de li verables a s s p e cifie d be low.
NOW, THEREFORE , in cons id e rat io n o f th e mutua l c ove n a nts a nd conditi o n s contain e d
h e rein , the C ons ultant and the C ity a g r ee a s fo ll o ws :
1. Scope of Services.
1.1. Co ns ultant s hall pro v id e th e S e r vic es set forth in the Proposal attache d he reto as Exhibit
"A" and in c orpo ra te d her e in by refere nc e (th e "Se rvic es").
1.2. C o nsulta nt s hall furni s h all re p o rts , docume nts, and in fo rma tion o btain ed pursuant to thi s
Agreeme nt, and re co mme ndatio n s durin g th e t erm of thi s Agre e m e nt (h e re inafte r
"D e li verabl es") to th e C ity .
2. Term/Commencement Date.
2.1. The te rm o f thi s A g reem e nt s hall be fr o m th e Effecti ve Date throug h one (1) y e a r
th e reafte r, unless earlie r te rminated in a ccorda n c e w ith Paragraph 8.
2.2. Cons ulta nt agre es that time is o f the essence a nd Con sultant s ha ll c o mplete th e S e rvices
w ithin the t erm o f thi s Agre e m ent , unl ess exte nded by th e C ity M a n ager.
3. Compensation and Payment.
3.1. Compensation for Services provided by Consultant shall be in accordance with the Proposal
attached hereto as Exhibit "A." Consultant shall be compensated a lump sum fee in an
amount not to exceed $25,000.
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 the 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. T~e Consultant shall be responsible for all payments to ~ny 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 permits
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 perform 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 authorized, 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 Services unless directed otherwise by the City Manager.
8.3. In the event of termination by the City, the Consultant shall be paid for all Services
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 $500,000.00
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 (IO) 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 of Insurance 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 of interest
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.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term 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.
15. 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 term 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 confirm 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 termination 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 comple tion of thi s Agreement or in the eve nt of te rmination by e ither party,
any and a ll public records re latin g to th e Agreeme nt in the p ossessio n of the Cons ultant
s hall be delivered by th e Co ns ultant to th e C ity Manager, at n o cost to the C ity, w ith in
seven (7) days. All s uch record s sto red e le c tro nicall y by Co nsultant s hall be d e li vered to
th e C ity in a fo rm a t that is compatible w ith the C ity 's informati o n techno logy systems.
Once the public r ecords have bee n d e li ver e d upo n co mpleti o n or te rmina ti on o f thi s
Agreement, the Con s ultant s ha ll d estroy a n y and a ll duplicate public records th a t are
exempt o r confidentia l and exempt fro m publi c record s disc losure re quire ments.
16.6 . Any compensatio n due t o Co n s ul ta nt sh a ll be w ithhe ld until all records a re r ecei ved
as prov id e d h ere in .
16.7. Consultant's fai lu re o r refu sa l to comply w ith the provision s o f this sectio n s ha ll
result in the imm ediate te rminatio n of thi s Agreement by th e City.
16.8. Notice Pursua nt 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.gov
17. Nona ssignabilitv. T hi s Agreeme nt s ha ll n ot be assignable by Co ns ultant unl ess s uch
ass ignment is first approved by th e C ity Ma nager. The C ity is re ly in g up o n th e apparent
qua l ifications and expe rti se of the Co ns ulta nt, and such firm 's fa milia rity w ith the City's area,
circumstances a nd desires.
18. Severabilitv. If any term o r provision o f this Agreem e nt s ha ll to a ny exte nt be he ld inva lid o r
un e nforcea bl e , the r e m a inde r of th is Agreement sh a ll n o t be affected thereby, and each
re ma ining term a nd provision of t hi s Agreeme nt sh a ll be va lid and be e n fo rceable to the full est
extent permitted by law.
19. Independent Contractor. T h e Con s ultant a nd its e mployees, vo lunteers a nd agents s ha ll be
a nd remain an independe nt con tractor a nd not an agent o r employee of t he C ity w ith respect to
a ll of th e act s and serv ices pe rfo rm ed by a nd unde r the terms of this Agreement. This
Agreement s hall not in a ny way be construed to create a partnership, assoc iatio n o r a n y o th e r
kind of joint undertakin g , e nte rprise or ven t ure between the parties.
20. Compliance with Laws. The Co ns ul tant s ha ll c o mpl y w ith a ll a pplicab le laws, o rdinances,
rul es, regul a ti o ns , and lawful o rd e r s of public autho riti es in c arry in g out Ser v ic es under thi s
A g reemen t, a nd in pa rti c ul a r s ha ll o b tain al I require d p e rmits fro m a ll juris di c ti o nal agen c ies
to p e rfo rm t he Ser v ice s unde r this Agreeme nt at it s own expe nse.
21. Waiver. The failure of e ith e r p a rty to this Agree ment to o bj e ct to o r to take affirma ti ve acti o n
w ith r espect t o a ny conduc t o f th e o th e r w hi c h is in v io la ti o n of th e te rms o f thi s A g reemen t
s hall not be construe d a s a waive r of th e v io la ti o n o r breach , o r o f a ny fu t ure v io la ti o n , breach
o r w rongful conduct.
22. Survival of Provisions. Any te rms o r conditi o ns o f e ith e r thi s Agreem e nt that re quire acts
b eyond th e date of the term o f the Agreem e nt, s hall s urv ive te rmination o f th e A greeme nt,
s h a ll re main in full fo rce and e ffect unl ess a nd until th e te rms o r condi t io n s are compl e te d a nd
s hall be full y e nforceabl e by e ithe r pa rty .
23. Prohibition of Contingencv Fees. The Co ns ulta nt warra n ts th a t it has n o t e mployed o r
reta in ed a n y c o mpa ny o r pe r so n, o th e r th a n a bo na fid e e mployee w o rking sole ly for the
Cons ulta nt , to so li c it or secure thi s Agreem e nt, a nd th a t it has n o t p a id o r ag re ed to pay any
pe rso n (s), compa ny , c o rp orati o n, indi v idua l o r firm , o th e r th a n a bo na fid e e m p loyee wor k ing
sol e ly for t he Co ns ultant, a n y fee, c o mmi ss io n, pe rcentage, g ift, o r a ny othe r con s id e rati o n ,
contingent upo n o r r esulting fr o m th e a wa rd o r ma kin g o f thi s Agreem e nt.
24. Public Entitv Crimes Affidavit. Cons ulta nt s ha ll comply w ith Secti o n 2 87.1 33, F lo rid a
Statutes (Public E nt ity C rimes S ta tute), n o tifi cati o n of w hi c h is he re by in corp o rate d he re in by
refe re nce, including executi o n of an y re quire d affidav it.
25. Counterparts. This Agreem e nt m ay b e execute d in severa l counte rparts , each of w hi c h s h a ll
be d eem e d a n o ri g in a l a nd s uc h co unte rp a rts s ha ll cons titute o ne a nd the sam e in s trume nt.
26. Conflicts. In th e event o f a confli c t b e t ween th e te rm s of this Agreem e nt and a ny exhibits o r
attac hm e nts here to , th e te rm s o f thi s Agreeme nt s h a ll con t rol.
27. E-Verify Affidavit. In accord a nce w ith Sectio n 4 48.09 5 , Fl o rid a S tatu tes, the C ity re quires
a ll contrac to rs d o in g bus in ess w ith the C ity to register w it h a nd use th e E-Veri fy syste m to
verify th e w o rk a uth o rizati o n st a tu s o f all ne w ly hired e mployees. T he C ity w ill no t ente r into
a co ntract unless e a c h pa rty to th e contrac t r egis te r s with a nd u ses th e E-Verify syste m. T he
co ntracting e nti ty mu st p rov id e its p roof o f e nro llme nt in E-Verify . Fo r in s truction s o n h o w to
prov id e proof o f th e co ntracting e nti ty 's pa rtici pati o n/e nro llme nt in E-Ve ri fy , pl e a se v is it:
h ttps :/ /www.e -verify.gov/faq /h ow-do-i-prov ide-proof-of-m v -parti c i pa t ionen ro 11 me n t-i n-e -
veri fv . By e nte rin g into thi s Agreem e nt, th e Contracto r ackn owled ge s tha t it has read Secti o n
448 .0 95 , Fl o rid a S ta tute s; w ill comply w ith the E-Ve rify require m e n ts imposed by Secti o n
448.095, Fl o rida S ta tutes, in c ludin g but not limited to o b ta inin g E-Ve ri fy a ffid av its fro m
s ub contracto rs ; a nd h as execute d th e re quired a ffid av it attach e d h e re to a nd incorpo rate d
here in .
[Remainder of page intentionally left blank.
Signa ture pag e and E-Verify Affidav it follows.]
IN WITNESS WHEREOF, th e part ies he reto have caused thi s Ag reement to be executed the day and year as first
stated above.
C ITY OF SOUTH MJAMI
Ap pr oved as to fo rm a nd lega l s uffic iency:
By:_0._L-__
Weiss Serota He lfma n Co le & Bierman, P.L.
C ity At1o rn ey
Addresses for Notice:
Ge naro "Chip" Igl es ias
C ity of South M iami
At1 n: City Ma nager
6 130 Sun s et Drive
South Mia mi , FL 33 143
305-668 -25 10 (te lephon e)
305-6 63-6345 (facs imile)
c hi p@southmia mifl .gov (email )
With a copy to:
We iss Serota He lfman Co le & Bierm a n, P.L.
Attn: Lillian Ara ngo , Esq.
C ity of South M ia mi Atto rn ey
2800 Po nce de Leon Bo ul evard , Suite 1200
Co ral Gab les, FL 33 134
larango@ ws h-l aw.com (ema il )
JDR & ASSOC IATES , IN C.
f,--1£-
By: ---------------
Name: ---"-J~or:...:g"'e'-'R~.'--'D=uv"-'o"'s'------------
Titl e: Presid ent
Addresses for Notice:
_____________ (te le ph one)
_____________ (facsi m ile)
_____________ (email)
With a co py to:
_____________ (te le ph one)
_____________ (fa csimil e)
_____________ (e ma il )
Pa ge 10 of 11
EXHIBIT "A"
SCOPE OF SERVICES
The Scope of Services are those contained in the Proposal dated October 31, 2023, attached hereto
and incorporated herein by reference.
Page 11 ofll
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 ins tructions on
how to provide proof of the contracting entity 's participation/enrollment in E-Verify, please vi s it:
hllps://wvvw.e-veri fy.gov/faq /how-d o-i-p rov id c-p roo f-o f-m y-pa rti c i pa ti o ne nrol l me nt-in-e-veri fy
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.
~ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of:
~~
Witn~~'/t Lt\J(lt\ Jzn11ev
W iJ.ness#2 Print Name: £./,1 /-"rr rA{)CA
7
Signed i.$ealed and delivered by:
'#1:££2 ---r;?t;1 ame: ~ £ 2>Wr$
Title: Principal '
Entity Name : JRD & Associates, Inc.
ACKNOWLEDGMENT
State of Florida
County of Miami-Dade
The foregoing instrument was acknowledged befo re me by means o f ~ys ic a l prese nce or D
online notarization, this _\_\_ day of Au~ 1t1 .s:±: . 202..'J.., by J o rY,=
t;>'r¥ ()~ (na me o f pe rs on) as P n • c 1 'r!°' I (ty pe of a uthorit y) for
J (2. J.: I+ .s. ~" r, ·c.. I ~..& (name of party on behalf of whom instrument is executed).
/rersonally known to me; or
Notary Public (Print, Stamp,
Commissioned)
or Type as
___ Produced identification (Type of Identification : _____________ )
___ Did take an oath; or
___ Did not take an oath
Notary Public State at flarida
• Lealle E i-antln
. ~ My Co~mlulon HH 5lii277
• E xp1res 612412028
---·-..---------1.
8/8/24, 3:31 PM My Company Profile I E -Verify
llll§ An official website of the United States gove rnm ent Here's how Y.ou kn ow v
E-Verify
My Company Account
My Company Profile
Company Information
Company Name
JRD & Associates, Inc.
Company ID
152146
Employer Identification Number (EIN)
650627780
DUNS Number
NAICS Code
541
Subsector
Profession al, Scientific, and Technical
Services
Edit Company Information
htlps://everify.uscis.gov/accounUcompany/profil e
Doing Business As (OBA) Name
Enrollment Date
Sep15,2008
Unique Entity Identifier (UEI)
Total Number of Employees
5 to 9
Sector
Professi on al, Scientific, and Technical
Services
Menu_
1/3
8/8/24, 3:31 PM
Employer Category
Employer Category
Edit Employer Category
Company Addresses
Physical Address
7400 SW 50 Terrace
Suite206
Miami, FL 33155
Malling Address
Same as Physical Address
Edit Company Addresses
My Company Profile I E-Verlfy
Hiring Sites
Number of Sites
1
Edit Hiring Sites
Company Access and MOU
My Company is configured to:
Verify Its Own Employees
Memorandum of Understanding
View Current MOU
u.s, Department of Homeland SecuritY. U.S. Citizenship and Immigration Services
https://everify.uscls.gov/account/company/profile 2/3
RESOLUTION NO. 061-24-16166
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, SELECTING JRD & ASSOCIATES FOR
BUILDING PERMIT STUDY SERVICES; AUTHORIZING
THE CITY MANAGER TO TRANSFER CONTINGENCY
FUNDS FOR THIS PURPOSE, AND TO NEGOTIATE AND
EXECUTE AN AGREEMENT FOR THE SERVICES IN AN
AMOUNT NOT TO EXCEED $25,000; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, Section 553.80, Florida Statutes, and the Florida Building Code mandates
that building permit fees be established by the Building Department in accordance with statutory
requirements and regulations; and
WHEREAS, in order to ensure legal compliance and adherence to state regulations, the
City of South Miami Building Depa11ment must align its building pennit fees with the stipulations
set fo11h in the Florida Building Code; and
WHEREAS, the City of South Miami (the "City'') desires to commission a building pem1it
fee study to support a revised schedule of building permit fees that meets the requirements of
Section 553.80, Florida Statutes, and the Florida Building Code (the "Services"), an expe11 service;
and
WHEREAS, JRD & Associates, Inc. ("JRD,,) possesses extensive experience in
conducting building permit fee studies for local governments in South Florida over the past 25
years, including Miami-Dade County, City of Miami, City of Miami Beach, City of Coral Gables,
and others, establishing a strong reputation for competence and reliability; and
WHEREAS, JRD has submitted a proposal, attached hereto as Exhibit "A" (the
"Proposal'') that outlines a comprehensive approach, comprising seven tasks, to examine and
reassess the City of South Miami building permit fees, including assessment of costs,
recommendations for changes to the fee schedule, development of a cost allocation methodology,
analysis of comparable pem1it fees from other municipalitie.,, projections of future revenue, and
presentation of draft and final results; and
WHEREAS, Section 5.H. of Article III, of the City's Charter. provides thnt competitive bids are
not applicable to the purchase of expert services that are approved by the City Commission; and
WHEREAS, City Commission desires to select JRD to perfo1m the Services and authorize
the City Manager to enter into an agreement with JRD, in substantially the form attached hereto as
Exhibit '~B", in an amount not to exceed $25,000 (the "Agreement"); and
Res. No. 061-24-16166
WHEREAS, the cost of the Services shall be charged to Building Department Contractual
Services Account Number 001-1610-524-3450, which has a current balance of $1,000, or other
funding source as determined by the City Manager to be in the best interest of the City; and
,vHEREAS, the City Commission fmds 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 trne and correct and are incorporated
herein by this reference.
Section 2. Selection. The City Commission hereby selects JRD & Associates, Inc. for
the provision of the Services pursuant to the Proposal attached hereto as Ex.hi bit "A."
Section 3. Tl'ansfel'. The City Manager is hereby authorized to transfer $25,000 from
the City Manager's contingency line item 001-1310-513-9920 with a cmTent balance of $80,000
to the Bui !ding Department Contractual Services Account Number 001-1610-524-3450, wliich has
a current balance of $1,000.
Section 4. Authorization. The City Manager is hereby authorized to negotiate and
execute the Agreement with the Consultant, in substantially the form attached hereto as Exhibit
"B," for the provision of the Services consistent with the proposal of the Consultant attached hereto
as Exhibit "A" in an amount not to exceed $25,000, subject to the final approval of the City
Manager and City Attorney as to form, content, and legal sufficiency. The City Manager is hereby
authorized to charge the costs of the Services to Building Department Contractual Services
Account Number 001-1610-524-3450, which has a ctm-ent balance of $1,000, or other funding
source as determined by the City Manager to be in the best interest of the City.
Section 5. Implementation. The City Manager is autliorized to take any and all
actions necessary to implement the Agreement and the purposes of this Resolution.
Section 6. Corrections. Conforn1ing 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 7.
adoption.
Effective Date. This Resolution shall become effective immediately upon
PASSED AND ADOPTED this 7th day of May. 2024.
Page 2 of3
'\
Res. No. 061-24-16166
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
WEIS~-COLE
& BIERMAN, P.L.
CITY A TIORNEY
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
Commissioner Liebman:
Commissioner Corey:
Page 3 of3
5-0
Yea
Yea
Yea
Yea
Yea
October 31, 2023
Suramy Cabrera
Director, Development Services
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Dear Ms. Cabrera:
On behalf of JRD & Associates, Inc. (JRD), I am pleased to submit this proposal to examine and
reassess the City of South Miami building permit fees. Specifically, we will perform the
following:
Task 1 – Assess the actual costs of providing permit-related services by the Building
Department.
Task 2 - Identify and recommend changes, additions, and deletions to the existing fee schedule
of the Building Department that accurately reflect the actual costs associated of providing fee-
related services.
Task 3 – Develop a cost allocation methodology to capture support costs from Village
departments for building permit activities. Apply these costs to the aforementioned fees and
create a comprehensive fee schedule.
Task 4 – Conduct an analysis of like permit fees from up to four comparable municipalities in
Miami-Dade County as agreed to by the City and JRD.
Task 5 – Project future revenue based on the proposed fee schedule.
Task 6 – Present draft results, findings, and recommendations.
Task 7 – Present final results, findings, and recommendations.
The fee including all expenses for the tasks depicted will be $25,000.
7
Suramy Cabrera
Page 2
7400 SW 50 Terrace, Suite 206
Miami, FL 33155
Phone: (305) 662-7288
www.jrdandassociates.com
For your information, JRD has been performing building permit fee studies for local
governments, predominantly in South Florida, for the last 25 years. Our clients for these types
of studies include:
• Miami-Dade County
• City of Miami
• City of Miami Beach
• City of Coral Gables
• City of Doral
• City of Sunny Isles Beach
• City of Hialeah
• Village of Key Biscayne
• Village of Pinecrest
• Town of Miami Lakes
• Town of Cutler Bay
• Village of Bal Harbour
• City of Hollywood
• Sarasota County
I think you will find no other firm more qualified to assess the City’s building permit fees than
JRD.
I thank you in advance for your consideration and look forward to hearing from you.
Sincerely,
Jorge R. Duyos, P.E.
President
8
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
JRD & ASSOCIATES, INC.
THIS AGREEMENT (this “Agreement”) is made effective as of the day of
, 2024 (the “Effective Date”), by and between the CITY OF
SOUTH MIAMI, a Florida municipal corporation, (hereinafter the “City”), and JRD &
ASSOCIATES, INC.,a Florida profit corporation (hereinafter, the “Consultant”).
WHEREAS, the City desires to commission a building permit fee study to support a
revised schedule of building permit fees that meets the requirements of Section 553.80, Florida
Statutes, and the Florida Building Code (the “Services”); and
WHEREAS, the Consultant will perform services on behalf of the City, all as further set
forth in the Proposal dated October 31, 2023, attached hereto as Exhibit “A” (the “Services”); and
WHEREAS, the Consultant and City, through mutual negotiation, have agreed upon a fee
for 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 consideration 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 set forth in the Proposal attached hereto as Exhibit
“A” and incorporated herein by reference (the “Services”).
1.2.Consultant shall furnish all reports, documents, and information obtained 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 this Agreement shall be from the Effective Date through one (1) year
thereafter, unless earlier terminated in accordance with Paragraph 8.
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.
9
3. Compensation and Payment.
3.1.Compensation for Services provided by Consultant shall be in accordance with the Proposal
attached hereto as Exhibit “A.” Consultant shall be compensated a lump sum fee in an
amount not to exceed $25,000.
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 the 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 permits
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 perform the
Services and carry out its obligations under this Agreement in a professional and first class
manner.
10
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 authorized, 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 Services unless directed otherwise by the City Manager.
8.3.In the event of termination by the City, the Consultant shall be paid for all Services
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
11
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 (10) 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 of Insurance 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 Insuranceand 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 of interest
provision providing that, except with respect to the total limits of liability, the insurance
12
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.
9.5.The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination.During the term of this Agreement, Consultant shall not discriminate
against any of its 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
13
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.
15. 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 term 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 confirm 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 termination 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 Citywith 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.
14
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 shall 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: Nkenga “Nikki” Payne, CMC, FCRM
Mailing address:6130 Sunset Drive
South Miami, FL 33143
Telephone number:305-663-6340
Email:NPayne@southmiamifl.gov
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.
15
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.In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
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 visit:
https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-
verify. By entering into this 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.]
16
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing
business with the Cityto 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.
☐Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name: Print Name:
Title:
Witness #2 Print Name: Entity Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐
online notarization, this day of , 20 , by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification:)
Did take an oath; or
Did not take an oath
17
Page 10 of 11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first
stated above.
CITY OF SOUTH MIAMI
By:
Genaro “Chip” Iglesias
City Manager
Attest:
By:
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
Genaro “Chip” Iglesias
City of South Miami
Attn: City Manager
6130 Sunset Drive
South Miami, FL 33143
305-668-2510 (telephone)
305-663-6345 (facsimile)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, 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)
JDR & ASSOCIATES, INC.
By:
Name:
Title:
Addresses for Notice:
(telephone)
(facsimile)
(email)
With a copy to:
(telephone)
(facsimile)
(email)
18
EXHIBIT “A”
SCOPE OF SERVICES
Page 11 of 11
The Scope of Services are those contained in the Proposal dated October 31, 2023, attached hereto
and incorporated herein by reference.
19