Resolution No. 2023-50 Work Authorization No. 2023-001 for Transystems Corp. for Planning Services Related to RTZ and MUC Project - October 3, 2023CITY OF AVENTURA RESOLUTION NO. 2023-50
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 2023-001 IN
THE AMOUNT OF $150,000 FOR PROFESSIONAL PLANNING
SERVICES RELATED TO THE REGIONAL TRANSIT ZONE (RTZ) AND
METROPOLITAN URBAN CENTER (MUC) PROJECT BY AND
BETWEEN THE CITY OF AVENTURA AND TRANSYSTEMS, CORP.;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That the City Manager is hereby authorized to execute the attached
Work Authorization No. 2023-001 ($150,000) for professional planning services by and
between the City of Aventura and TranSystems, Corp.
Section 2. That the City Manager is authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Friedland, who moved its
adoption. The motion was seconded by Vice Mayor Bloom, and upon being put to a vote,
the vote was as follows:
Commissioner Rachel S. Friedland
Yes
Commissioner Billy Joel
Yes
Commissioner Paul A. Kruss
Absent
Commissioner Dr. Linda Marks
Yes
Commissioner Michael Stern
Yes
Vice Mayor Amit Bloom
Yes
Mayor Howard S. Weinberg
Yes
City of Aventura Resolution No. 2023-50
PASSED AND ADOPTED this V day of October, 2023.
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ATTEST:
ELLISA L. HORVA , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
LA PEN"
CIT A ORNEY
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HOWARD S. WEINBERG, E86
MAYOR
Page 2 of 2
TRANSYSTEMS CORPORATION
CITY OF AVENTURA WORK AUTHORIZATION NO. 2023-001
RTZ AND MUC PRE -PLANNING
The City of Aventura has requested Work Authorization No. 2023-001 as provided for in
the Professional Services Agreement between the City of Aventura and TranSystems,
Corp. dated 2/27/23 and as authorized by the City Commission via Request For
Proposals (RFP) #21-09-07-03.
This Work Authorization No. 2023-001 provides for planning services in accordance
with the Agreement as further detailed in the project description for Regional Transit
Zone (RTZ) and Metropolitan Urban Center (MUC) pre -planning, attached.
Payment for such services shall be in accordance with the Agreement and the attached
Work Authorization.
Task 1: Comprehensive Planning
Services on an hourly basis with a not to exceed fee:
Task 2: Hospital District South Planning
Services on an hourly basis with a not to exceed fee:
Task 3: Form -Based Regulations
Periodic invoices based on progress billed on a lump sum basis
APPROVED:
CITY OF AVENTURA, FLORIDA
BY
Ronald J. Wasson, City Manager
RECOMMENDED
BY x-a_� 1,2 x%�
Keven Klopp, Community Development Director
$10,000
$10,000
$130,000
October 3, 2023
DATE
October 3, 2023
DATE
TRANSYSTEMS CORPORATION
CITY OF AVENTURA WORK AUTHORIZATION NO. 2023-001
RTZ AND MUC PRE -PLANNING
Project description
Plan for continued but deliberate urbanization ofAve ntura with a focus on urban form and alternative
means of transportation, including existing regional rail and bus service and new localized mobility
infrastructure that supports bicycles, scooters, neighborhood electric vehicles, and other "last mile"
options. The project will be consistent with the intent of Miami -Dade County's Metropolitan Urban
Center (MUC) and Rapid Transit Zone (RTZ) designations within the City.
Project responsibility structure
The city's Community Development Department / Planning and Zoning Division will undertake Tasks
1 and 2 of the Phase I scope. TranSystems will provide collaboration as may be requested, will review
and comment on the city's draft work products, and will present the work products to the City
Commission. Since TranSystems role is one of review and presentation only, TranSystems will provide
services on an hourly basis not to exceed the total maximum fee amount for Tasks 1 and 2.
TranSystems will undertake all of the components of Task 3, which will be billed on a lump sum basis.
Phase overviews
Phase I components (this scope):
1. Comprehensive Plan Amendment
2. Planning for Hospital District South
3. Form -based regulations for Hospital District South
We recommend undertaking a mobility plan concurrent with the above tasks, but is not part of
this scope. The mobility plan would examine current and emerging technologies for "last mile"
transportation, recommend specific street sections and off-street paths for intra-city alternative
travel modes, provide cost estimates, implementation measures, and recommend associated
code changes.
Phase II components (outside of this scope):
• Planningforthe MUC
• New regulations for the MUC
• Planningfor RTZ south of the MUC
• New regulations for the RTZ south of MUC
Scope Task l: Comprehensive Plan Amendment
TranSystems will act in a collaborative and review capacity as the Planning and Zoning Division
prepares text and map amendments to designate areas within the City eligible for additional
residential and nonresidential development intensity. TranSystems will also attend meetings and
make presentations as requested, subject to the not -to -exceed fee amount.
Fee: hourly not to exceed $10,000
The Planning and Zoning Division will undertake a scope similar to the following:
Analysis
a. Evaluate public facility capacities and levels of service.
b. Optional: determine theoretical buildout of City at three selected pairs of average density
and intensity.
c. Optional: compare each buildout scenario to the existing and/or buildout potential of up to
five selected urban areas or districts. Intensely developed areas of Aventura and
neighboring cities may be used as a means of comparison. Note: the character of different
sub areas will be determined when those areas are planned in a future Project phase.
d. Recommend the number of additional residential units and nonresidential floor area to be
available for projects citywide, subject to implementation through new regulations.
e. Consider whether some or all of the additional intensity should be allocated to or reserved
for defined geographic subareas.
f. Delineate overall and sub area boundaries, as applicable.
g. City to obtain legal opinion to ensure that the proposed text amendment preserves the
City's control over the number of additional units and floor area made available through the
overlay and conditional use process without creating any property rights, including any
requirement that the City must supplement the additional available intensity it in the future.
II. Focus Group
a. Evaluate Task 1 deliverables and make recommendations.
III. Outreach and Public Involvement
a. Establish a Project webpage.
b. Notice public input sessions on webpage, in local publications and local sections of
regional publications.
c. Potentially mail direct notice to each condominium and homeowner's association.
d. Host one open house to gather feedback on proposed amendment.
e. Summarize feedback.
IV. City Commission Workshop
V. Revisions as directed by Commission
VI. Transmittal public hearings
VII. Address any state, regional and county agency comments
VIII. Adoption public hearing
Scope Task 2: Planning for Hospital District South
TranSystems will act in a collaborative and review capacity as the Planning and Zoning Division lays
the groundwork for the form -based regulations. TranSystems will also attend meetings and make
presentations as requested, subject to the not -to -exceed fee amount.
Fee: hourly not to exceed $10,000
It is anticipated that the Planning and Zoning Division will undertake a scope similar to the
following:
I. Inventory and Analysis
a. Utility infrastructure
b. Existing and planned rights -of -way
c. Ownership patterns
II. Plan components:
a. Identify anticipated travel patterns, primary and secondary streets, and rights -of -way that
could be abandoned. Develop street network and connections plan.
b. Generalized building frontage requirements by street
c. Street sections
d. Massing model showing permitted building envelopes from ground up
e. Minimum and maximum intensities of development and use
f. Special locational features, if any (ex: small open space)
III. Focus Group
a. Evaluate Task 2 deliverables and make recommendations.
IV. Public outreach
a. Notice public input sessions on webpage, in local publications and local sections of
regional publications.
b. Potentially mail direct notice to each condominium and homeowner's association.
c. Host one open house community forum to gather feedback on proposed plan.
d. Summarize feedback.
V. City Commission Workshop
VI. Revisions as directed by Commission
Task 3: Form -based regulations for Hospital District South, and Template for MUC, RTZ
Remainder.
TranSystems will prepare form -based regulations using the complete Task 2 results as the foundation,
and complete the full scope of this task. The fee proposal is contingent upon completion of the Task 1
and 2 work products, since they are foundational to the form -based regulations.
Fee: $130,000, lump sum.
I. Basic structure of the regulations:
a. Means of regulation. Establish as anew overlay or standard district that will serve as a
component of the core, center, and edge format within the County's MUC regulations.
b. Focus of regulation. Focus on the aspects of urban form and urban design' that are most
critical to creating functional and attractive street corridors, open spaces and development
frontages while providing flexibility in permitted uses, architecture, and some other aspects
of development in order to accommodate market conditions, allow creativity in design and
architecture, and minimize the volume and complexity of the regulations.
c. Integration. Centralized (inclusive) or decentralized approach. This choice determines
whether certain regulations that are specific to the new district -such as those pertaining to
parking, signage, landscaping, and nonconformities—are included within the new district
regulations are or located in the external articles already devoted to these topics.
d. Format. Format the regulations as a template designed to later incorporate other areas of
the RTZ and MUC.
II. Regulation components:
a. Required street locations and connections.
b. Classification of streets or designation of sub -areas within the district for purpose of keying
certain standards to a parcel's street frontage(s) or location within the district.
c. Block standards
d. Street sections and standards
i. Travel lanes
ii. Turn lanes, if allowed
iii. Medians, as applicable
iv. On -street parking, as applicable
v. Alternate mobility lanes, as applicable
vi. Sidewalk width and usage standards
vii. Street trees
viii. Streetfurniture
' Urban design focuses on the physical form of neighborhoods, districts and corridors; on the
relationships between buildings and the spaces they create in between each other, particularly public
spaces.
ix. Treatment of utilities
x. Construction in segments by developer vs. payment into fund and construction on
larger scale
e. Lot standards
i. Area and dimensions (minimum lot size by right and to obtain conditional use)
ii. Perviousarea
iii. Building coverage
f. Building placement
g. Building massing
i. Extent to which "upper stories" can occupy the full building footprint
ii. Extent to which horizontal building mass is articulated and not contained in one full
volume
h. Building height
i. Building frontage standards
i. Extent of building placement along street edge
ii. Orientation and configuration of entrances
iii. Fenestration requirements
iv. Required and allowable projections and dimensions
v. Exterior wall materials
vi. Use and allowable dimensions of private property between a building and the public
sidewalk
vii. Treatment of lot frontages and portions of lot frontages not lined by a building
j. Density and Intensity Standards (potentially including Floor Area Ratio)
k. Vehicular use areas (parking, loading, driveways, drive-throughs, parking structures):
i. Site placement
ii. Possible revision to number of required parking spaces or dimensional requirements
based upon on -street parking creditor other considerations
1. Generalized list of permitted uses
m. Landscaping standards
i. Adjustments to existing standards as maybe appropriate to reflect an urbanizing setting
n. Potential inclusion of open space specifications or reference to specifications in planning
documents
o. Sign standards
i. Adjustments to existing standards as maybe appropriate to reflect an urbanizing setting
p. Conditional use requirements for obtaining additional intensity
q. Nonconformities
III. Focus Group
a. Review proposed project components and alternatives during preparation of the
regulations and make recommendations, as determined by Community Development
Director.
b. Review final draft Task 3 deliverables and make recommendations.
IV. Public outreach
a. City staff to notice public input sessions on webpage, in local publications and local
sections of regional publications.
b. Attend one open house community forum hosted by City staff to gather feedback on
proposed regulations.
c. Summarize feedback.
V. Prepare PowerPoint presentation and attend City Commission Workshop.
VI. Make revisions as directed by Commission.
VII. Prepare PowerPoint presentation and attend adoption public hearings
Professional Services Agreement
}iis-Prof sessional Services Agreement (the "Agreement") is made and entered into as of
the L1 day of 4f-q 2023 (the "Effective Date") by and between the City of Aventura, a
Florida municipality (the "City") and TranSystems Corporation dlbla TranSystems Corporation
Consultants, as the successor to SI;I'I Engineering and Construction ("Consultant") with each
being referred to herein as a Party or collectively as the "Parties."
WHEREAS, the City requires support to assist the planning and zoning functions of the
Community Development Department; and
WHEREAS, the City Commission has, via Request For Proposal (RFP) No. 21-0907-3
and Resolution 2021-56 selected SEPI Engineering and Construction to provide
Professional Planning Consultant Services and desires to enter into an agreement with the
Consultant to undertake these efforts; and
WHEREAS, S1PI was acquired by TranSystems Corporation, is now merged into
TranSystems and operates in Florida as TranSystems Corporation dlbla TranSystems
Corporation Consultants, and
WHEREAS, TranSystems Corporation Consultants, as the successor to SEPI, includes
in its planning group the same senior members as SEPI included in their proposal, has
the required licensing and qualifications to proceed with the work and meet all of the
contract requirements, and will honor the rates proposed by SEPI for this work
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and
covenants set forth below, the City and Consultant agree as follows:
SCOPE OF SERVICES. Consultant shall provide the services proposed in their
response to the RFP as incorporated herein and attached hereto as Exhibit "A."
r -9:iu'J.
The Consultant shall provide the Services to the City at the rates identified in the Scope of Services
for a term of three (3) years with the option to renew the contract for two (2) additional one-year
periods. Either party shall have the right to tenminate this Agreement, with or without cause, upon
45-days prior written notice. In the event that either party elects to terminate this Agreement, the City
shall have no further obligation to Consultant following the effective date of the termination. Options
for renewal will only be exercised upon mutual written agreement of the terms, conditions and
specifications and the extension is approved by the City Manager. If Contractor cannot renew- at
the same terms, conditions and prices, Contractor must notify City on/or before 90 days of contract
expiration date. If the City intends to renew, the contractor will he notified of such 90 days prior
to the initial contract term expiration; however, failure to do so shall not prevent a mutually agreed
upon extension.
Il. PAYMENT.
In consideration of Consultant's completion of services rendered hereunder, the City shall pay to
Consultant, the hourly rates specified in Exhihit B with no minimum hourly guarantees to the
Consultant. All services performed shall be invoiced to the City for planning and zoning services.
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty (30)
days for that portion (or those portions) of the service satisfactorily rendered (and referenced in
the particular invoice).
1lE I. TERMINATION.
A. Termination for Cause.
If a Party fails to fulfill in a timely manner, or otherwise violates or defaults upon,
any of the covenants, agreements, or stipulations material to this Agreement, the
non -defaulting Party, shall thereupon have the right to terminate this Agreement for
cause. Prior to exercising its option to terminate for cause, the non -defaulting Party
shall notify the defaulting Party of its violation of the particular term(s) of this
Agreement and shall grant the defaulting Party ten (10) business days to cure such
default. If such default remains uncured after ten (10) husiness days, the non -
defaulting Party may terminate this Agreement without further notice to defaulting
Party. Upon termination, the non -defaulting Party shall be fully discharged from
any and all liabilities, duties, and terms arising out of, or by virtue of, the
Agreement.
Notwithstanding the above, Consultant shall not be relieved of liability to the City
for damages sustained by the City by virtue of any breach of the Agreement by
Consultant. The City, at its sole option and discretion, shall be entitled to bring any
and at{ legal or equitable actions that it deems to be in its best interest in order to
enforce the City's rights and remedies against Consultant. The City shall be entitled
to recover all costs of such actions. including reasonable attorney's fees.
B. Termination for Convenience of the City.
The City may, for its convenience and without cause, terminate the Agreement at
any time during the Term by giving written notice to Consultant of such
termination; which shall become effective thirty (30) days following receipt by
Consultant of such notice. If the Agreement is terminated for convenience by the
City, Consultant shall only be paid for any services satisfactorily performed up to
the date of termination, following which the City shall be discharged from any and
all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In
the event that the City pays Consultant in advance, the City shall be entitled to a
refund of the prorated amount calculated from the date the contract is terminated
through the date that the contract would have expired had the City not exercised
this clause, Consultant shall issue such refund within thirty (30) days of the
effective date of termination of the Agreement.
V. INSURANCE REQUIREMENTS
Consultant shall maintain general commercial liability insurance.in an amount
acceptable to the City.
This Agreement shall not be deemed approved until the Consultant has obtained all
insurance required under this section and has supplied the City with evidence of
such coverage in the form of a Certificate of Insurance and endorsement. The City
shall approve of such Certificates prior to the performance of any Services pursuant
to this Agreement.
CERTIFICATE HOLDER MUST READ
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at least A VII
per Best's Key Rating Guide and be licensed to do business in Florida. Consultant's
liability insurance shall be primary to any liability insurance policies that may be
carried by the City. Consultant shall he responsible for all deductibles and self -
insured retentions on their liability insurance policies.
Consultant agrees to provide at least thirty (30) calendar days written notice of
cancellation, material change, or renewal refusal to the City by certified mail, unless
policies are renewed with equal or better coverage.
VI. INDEMNIFICATION.
Consultant agrees to indemnify and hold harmless the City and its officers,
employees, agents, and contractors, from and against any and all third parry actions
(whether at law or in equity), claims, liabi Iities, losses, j u d g m en t s, c o s t s and
expenses, including, but not limited to, attorneys' fees and costs (collectively,
"Losses"), for personal or bodily injury, wrongful death, or loss of or damage to
property, which may arise or be alleged to have arisen from the negligent acts,
errors, omissions or willful or intentional conduct of the Consultant, its officers,
employees, agents, subcontractors, or any other person or entity acting under
Consultant's control or supervision, arising out of the Consultant's performance of
the Services pursuant to this Agreement. To that extent, the Consultant shall pay
all such Losses which may issue from any lawsuit arising from such claims and shall
pay all costs and attorneys' fees expended by the City in the defense of such claims
and losses, including appeals.
Nothing in this Agreement shall be deemed or treated as a waiver by the City of any
immunity to which it is entitled by law, including but not limited to the City's
sovereign immunity as set forth in Section 768.28, Florida Statutes.
VII. ENTIRE AGREEMENT.
This Agreement (including Exhibit A -the Consultant's proposal}, UP No. 21-0907-
3, Resolution 2021-56, and any warranties on materials and labor shall constitute the
entire Agreement. In the event of a conflict between the provisions of those documents
and this Agreement, the provisions of the RFP shall prevail. Any amendment to the
terms of this Agreement shall be evidenced in writing and executed by both Parties.
VI.II. WARRANTIES.
Consultant represents and warrants that Consultant is free to enter into the terms of this
Agreement and that Consultant has no obligation to any third party or otherwise that
are inconsistent with any of its provisions. Consultant further represents and warrants
that Consultant has and shall maintain for the duration of this Agreement, all
professional licenses required to be held by an individual or entity providing the
Services by any and all federal, state or local law, rule or policy.
The Consultant warrants that its services are to be performed within the limits
prescribed by the City and with the usual thoroughness and competence of the
Consultant's profession.
IX. NON-E?tiC'LUSINIITY.
This Agreement is non-exclusive. The City retains the right to engage the services of
additional third -party Consultants or assign responsibilities to an employee of the City
to perform the same or similar services provided by Consultant under this Agreement
and to assign work to such parties in its sole discretion.
X. SEVFRABILITY.
The Parties to this Agreement expressly agree that it is not their intention to violate any
public policy, statutory or common law rules, regulations, or decisions of any
governmental or regulatory body. If any provision of this Agreement is judicially or
administratively interpreted or construed as being in violation of any such policy, rule,
regulation, or decision, the provision, sections, sentence, word, clause, or comhination
thereof causing such violation will be inoperative (and in lieu thereof there will be
inserted such provision, section, sentence, word, clause, or combination thereof as may
he valid and consistent with the intent of the Parties under this Agreement) and the
remainder of this Agreement, as amended, will remain binding upon the Parries, unless
the inoperative provision would cause enforcement of the remainder of this Agreement
to be inequitable under the circumstances.
XI. ANTI-DISCItIMINATIQN.
Consultant certifies that it does not discriminate in its membership or policies based on
race, color, national origin, religion, sex., sexual orientation, familial status or handicap.
Consultant further agrees that neither Consultant, nor any parent company, subsidiaries
or affiliates of Consultant are currently engaged in, nor will engage in during the term
of this Agreement, the boycott of a person or business based in or doing business with
a member of the World Trade Organization or any country with which the United Statcs
has free trade.
XII. NOTICES.
All notices hereunder shall be given in writing by registered or certified mail, return
receipt requested, postage prepaid, addressed to the Parties at the following respective
addresses, or at such other address as may be designated in writing by either Party to
the other, and shall be deemed delivered for all purposes hereunder upon deposit of
same into the United States .mail:
To City: Ronald Wasson, City Manager
City of Aventura
19200 West Country Club Drive
Aventura, FL 331.90
Copy To: Robert Meyers, City Attorney
Weiss Scrota Helfn).an Cole & Bierman, P.L.
200 E. Broward Blvd. Suite 1900
Fort Lauderdale, FL 33312
To Consultant: TranSystems Corporation/SEP1
Jeff Katims, Senior Planning Manager
3350 NW 53rd St Ste 101
Fort Lauderdale. FL 33309
XHL COMPLIANCE WITH LAWS.
Consultant agrees to comply with all laws, ordinances, rules, and regulations that are
now or may become applicable to the Services covered by this Agreement, regardless
of the applicable jurisdiction.
XIV. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding upon the Parties and their respective successors, heirs
and assigns. However, the Parties agree that nothing contained herein shall authorize
the assignment of this Agreement or the delegation of any duties hereunder by either
Party, unless previously set out in this Agreement, without the prior written consent of
the other party.
XV. SURVIVAL OF TERNIS.
Termination or expiration of this Agreement for any reason shall not release either
Party from any liabilities or obligations set forth in this Agreement which (a) the Parties
have expressly agreed shall survive any such termination, or (b) remain to be performed
and by their nature would he intender] to be applicable following any such termination
or expiration. Any liabilities which have accrued prior to termination pursuant to the
insurance and/or indemnification obligations set forth below shall survive the
termination of this Agreement.
XVI. GOVERNING LAWS.
This Agreement shall be governed by, construed in accordance with, the laws of the
State of Florida. The venue for any dispute arising from this Agreement shall be the
Circuit Court of Miami -Dade County, Florida. The Parties voluntarily waive any right
to trial by jury in the event of litigation between the Parties, which arises out of this
Agreement in any way.
XVIL NO CONTINGENT 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.
XViII. WAIVER.
No delay or omission by either Party hereto, in the exercise of any right or remedy
hereunder, shall impair such right or remedy or be construed to be a waiver thereof.
Any waiver of any such right or remedy by any Party must be in writing and signed by
the Party against which such waiver is sought. A waiver by either of the Parties hereto
of any of the covenants to be performed by the other or any breach thereof shall not be
construed to be a waiver of any succeeding breach thereof or any other covenant herein
contained. All remedies provided for in this Agreement shall be cumulative and in
addition to and not in lieu of any other remedies available to either Party at law, in
equity or otherwise.
XIX, FORCE MAIEURE.
Non-performance of Consultant or City shall be excused to the extent that performance
is rendered impossible or delayed by strike, fire, hurricane, flood, terrorism,
governmental acts or orders or restrictions, or other similar reason where failure to
perform is beyond the control of and not caused by the negligence of the non-
performing Party ("Force Majeure"), provided that the non -conforming Party gives
prompt notice of such conditions to the other Party and makes all reasonable efforts to
perform.
XX. CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, Consultant agrees to:
A. Keep and maintain public records in Consultant's possession or control in
connection with Consultant's performance under this agreement. 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.
B. 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.
C. Unless otherwise provided by law, any and all records, including but not limited
to reports, plans, surveys, and other data and documents provided or created in
connection with this Agreement are and shall amain the property of the City.
Notwithstanding, it is understood that at all times Consultant's work papers shall
remain the sole property of Consultant and are not subject to the terms of this
Agreement.
D. 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
Consultant shall be delivered by 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, Consultant shall destroy any
and all duplicate records that are exempt or confidential and exempt from public
records disclosure requirements. Notwithstanding the terms of this Section, the
Parties agree and it is understood that Consultant will maintain a copy of any
information. confidential or otherwise, necessary to support its work product
generated as a result of its engagement for services, solely for reference and
archival purposes in accordance with all applicable professional standards, which
will remain subject to the obligations of confidentiality herein.
E. Any compensation due to Consultant shall be withheld until all records are
received as provided herein.
F. 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.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC" RECORDS AT 305-466-8901 OR I3V MAIL: City
of Aventura — City Clerk's Office, 19200 West Country, Club Drive, Aventura, FL
33180.
XXJ. SCRUTINIZED COMPANIES.
Consultant certifies that it and its subcontractors are not on the Scrutinized Companies
that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately
terminate this Agreement at its sole option if the Consultant or its subcontractors are
found to have submitted a false certification, or if the Consultant, or its subcontractors
are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the
boycott of Israel during the term of the Agreement.
If this Agreement is for more than one million dollars, the Consultant certifies that it
and its subcontractors are also not on the Scrutinized Companies with Activities in
Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,
or engaged with business operations in Cuba or Syria as identified in Section 287.135,
F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate this
Agreement at its sole option if the Consultant , its affiliates, or its subcontractors are
found to have submitted a false certification, or if the Consultant, its affiliates, or its
subcontractors are placed on the Scrutinized Companies with Activities in Sudan List,
or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
engaged with business operations in Cuba or Syria during the term of the Agreement.
The Consultant agrees to observe the above requirements for applicable subcontracts
entered into for the performance of work under this Agreement. As provided in
Subsection 287.135(8), F.S., if federal law ceases to authorize the above -stated
contracting prohibitions then they shall become inoperative.
X II. 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-Verity, please visit: https://www.c-verify.�)ovlfaglhow-do-i-provide-proot-of-my-
n:articipationenrollment-in-e.-verif} . By entering, into this Agreement, the Consultant
acknmvledges that it has read Section 448.095, Florida Statutes; will comply with the
I -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.
IN WITNESS WHEREOF, Consultant has signed and delivered this Agreement, and the
City has caused this Agreement to be signed and delivered by its duly authorized officer or
representative, all as ofthe date tirst set forth above.
CONSULTANT:
By:
CITY:
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
r
By: -
Ronald iv'ass n
City Manager
Attest��
City Clerk.
Approved as to form and legal
sufficient}, for the use and reliance of
the City of Aventura only.
c�`rF off( viC��L _
By.
City Attorney
EXHIBIT "A" TO CONTRACT
F i I IC;frig C011S1lltafit SENIGeS
Request for Proposal
�t ids` RFP # 21-09-07-3
�•,� O� �x�AL
SECTION 3 SERVICES SOUGHT
The Citv of Ayentlnra. Florida (the `-Cih-") is inviting the submission of proposals From qualified firms to
provide Planning Consultant Services for the City. Subsequent to the City Commissions adoption of a
Resolution authorizing the City Manager to negotiate an agrecnnent with the highest-rankIng firm. the City
«•ill enter into an agreement with a prime contractor_ and nim enter into a similar agreement with backup
cosltractors. By sub:witting a prok3osal, a proposer agrees to be the prime contractor- if av\arded the prime
contract or if selected as a back-up contractor, a proposer agrees to enter into a backup contract.
Tile Cite is seeking a Planning Consult nt ("Consultani") that i\ ilk w ork on -site at the Aventura Govenlmcnt
Center according to the staffing needs, Under the direction; of the City's Commnunih Development Director_
the Consultant Hill provide the range of expertise nlecessan- to cans out the nonnat functions of a
professional planner. All sen•iccs provided by the Consultant shall be perfonned by individuals v�h❑ meet
the qualifications_ education. and certifications/licensing requirements for the professional Planning levels
of Assistant to Senior Planner.
The Citv mill_ based on qualifications presented in the response to this RFP_ select the finrt(s) best able to
provide planning services for upeonning pnvate anrd City inlitiated pmIects. The successflnl finn shall also
llar.c the resources to provide cost effective and timely scr►iecs to the City. Additionally. the City has an
option to intervievy the selected finn7s candidate nh❑ w ill prov fide. On -Call Planning services
3.2 INTROMIC'TIQN
The Citv of Aventura t--City ') Conlnnunity Development Department ]s requesting professional on -call
1)1-um ing service proposals from a gtin] ified firin or team of conSLIItants to provide professional city planning
services for the Community Development Department. The City requests vv ritten responses to a Reclucst
for Proposal (RFP) for select on of on -call or as -needed punning sen ices associated with one or morn
proposed projects, including but not limited to, general planning -related dcvelopmont and land use project
review_ site Visits. public Counter services. technical plan check for planning documents and plans- map
review. conformance n ith Federal. State and local regulations. and general Compliance n ith Clh Standards_
Ordinances_ and Regulations.
To control costs and provide a. high level of professional services to all City• departments and the
community, the Citv believes the interests of the community can be best served by using a private finn for
additional City Planning services_ It is expected that such a finn ►%ould be able to contract available
resources in response to work flow demands. Work space yvill be provided at die Aventura Government
Center for the Contract Planner.
Tlrc selected con suItant is expected to be contracted for two years ►vital an option of an automatic two-year
extension based on workload needs.
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1920o West Country Club Drive 9 Aventura, FL 33180 • 305-466-8900 • cityofaventura.com
EXHIBIT "A" TO CONTRACT
3.3 BACKGROI]ND
F i I IC;Irig C011S1lllant SENICeS
Request for Proposal
RFP # 21-09-07-3
The Cit►• of A►entura is located in the northeast comer of Miami -Dade County and is approximatel► 3.2
square: miles in size and has a diverse population of over 38-t}{lt}_ The Cit► is located on the Intracoastal
Wateii► a► in Northeast Miami -Dade County and is con►'enientb, located beween Miami vid Fart
Lauderdale just east of 1-93, The northern bounden of the Cite is the Miami-Dade/Bro►► ird ('ount} line -
the ►►estem is the FEC Railroad- the eastern is the Intracoastal %eaten' and the southern boundary is NE
176"' Street. The Cih- delivers a majority of its public scl-ices and Conlmunit► Development b% utilizing
Firms employ 1rig sound business practices ►►ith an emphasis on excellence and effective customer ser-%•ice
principles.
3.4 SERVICES SOUGHT
In general, the successful individual or finn will be expected to provide on -call planning serv�iccs for all
types of projects requesting entitlements- including but not limited to ne►► multi -family residential.
commercial.. and mixed -use developments.
The on -call planning services that a successful applicant ►►ould provide include, but arc not limited to the
ability to perform the follo►►ing:
A. Be present in the Comiytunit► Development Department and hold regular office hours as agreed
upon by staff and Consul taut-
B. Develops and maintains gaud narking relationships with other cih departments and the
development commmunit) .
C. Analvzcs projects for compliance pith the City•-s Comprehensive I'Lan and Land Devclopment
Regulations, applicable specific plans. and other policies.
D Coordinates the rcvin4 and processing of applications for site plans, conditional uses, and
variances. Assists the Zoning Technician and Code Compliance Officer as needed ►►itli sign permits.
certificates of use. zoning certificates. and ans►aering public inquiries regarding zoning or application
submittal rcquirements. Assists the Director of Cammunit� Development as needed ►►ith Comprehensive
Plan Amendments. Future Land Use Mal) Amendments. Amcndnlents to the Land Development
Regulations, and Zoning map changes.
E. Assists ►►ith the preparation of the City's Evaluation and Appraisal Report.
F. Nlects with developers. engineers_ propem onncrs- contractors and other individuals to discuss,
advise, explain processes and suggest improvements regarding potential projects, pro -applications,
development applications, conceptual development plans and code interpretation,
G. Writes Local Planning Agency and City Commission staff reports- resolutions- ordinwlces- and
conditions of approval.
The purpose of this request for proposal is to establish the most effective- efficient. and innovative methods
of providing the highest quality services to the Cite.
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19200 West Country Club Drive 9 Aventura, FL 33180 • 305-466-8900 • cityofaventuraxorn