Special Council Meeting September 21, 2022

Village Council Michael W. Davey, Mayor Brett G. Moss, Vice Mayor Franklin H. Caplan Luis Lauredo Edward London Allison McCormick Ignacio J. Segurola 1. CALL TO ORDER/ROLL CALL OF MEMBERS 2. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS: 4. SPECIAL PRESENTATIONS: 5. RESOLUTION: SPECIAL COUNCIL MEETING WEDNESDAY, SEPTEMBER 21, 2022 5:30 PM There is a (3) minute time limit for each speaker during public comments. Your cooperation is appreciated in observing the (3) minute rule. If you have a matter you would like to discuss during public comments, a request form is available at the entrance of the Council Chamber, please fill-it in and return it to the Village Clerk prior to the start of the meeting. When your name is called, please come forward to the podium. Or if you are joining the meeting remotely, please dial any of the following Zoom numbers, US: +1 (312) 626-6799 or +1 (929) 205-6099 or +1 (301) 715-8592, and enter the Zoom Meeting ID: 231 627 8415, followed by #. There is no participant ID. Press # again. Please press *9 to “raise your hand” which places you in a queue to speak. You will be called upon by the last three digits of your telephone number when it is your turn to speak. When called upon, please press *6 to unmute yourself. PLEASE STATE YOUR NAME, ADDRESS, IF YOU ARE A HIRED CONSULTANT OR VILLAGE EMPLOYEE AND/OR IF ENGAGED IN LOBBYING ACTIVITIES AND/OR REPRESENTING AN ORGANIZATION FOR THE RECORD. REPORT FROM THE VILLAGE ATHLETICS ADVISORY BOARD September 21, 2022 www.keybiscayne.fl.gov 1 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

5.A. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A JOINT PARTICIPATION AGREEMENT WITH MIAMI-DADE COUNTY TO RECEIVE $460,000 IN COUNTY ROAD IMPACT FEES FOR THE VILLAGE'S CRANDON BOULEVARD AND HARBOR DRIVE INTERSECTION IMPROVEMENTS PROJECT; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. (PUBLIC WORKS DIRECTOR JAKE OZYMAN) 6. SCHEDULE OF FUTURE MEETINGS/EVENTS: 7. ADJOURNMENT RECOMMENDATION: Approval TAB 1 A. REGULAR COUNCIL MEETING TUESDAY, OCTOBER 11, 2022, 6:00 P.M., COUNCIL CHAMBER B. KEY BISCAYNE MUNICIPAL ELECTION TUESDAY, NOVEMBER 8, 2022, 7:00 A.M. TO 7:00 P.M., GYMNASIUM, KEY BISCAYNE COMMUNITY CENTER C. REGULAR COUNCIL MEETING TUESDAY, NOVEMBER 29, 2022, 6:00 P.M., COUNCIL CHAMBER D. REGULAR COUNCIL MEETING TUESDAY, DECEMBER 13, 2022, 6:00 P.M., COUNCIL CHAMBER I. ANY PERSON WISHING TO ADDRESS THE VILLAGE COUNCIL ON AN ITEM ON THIS AGENDA IS ASKED TO REGISTER WITH THE VILLAGE CLERK PRIOR TO THAT ITEM BEING HEARD. PRIOR TO MAKING A STATEMENT, PLEASE STATE YOUR NAME, ADDRESS, IF YOU ARE A HIRED CONSULTANT OR VILLAGE EMPLOYEE/FORMER VILLAGE EMPLOYEE AND/OR IF ENGAGED IN LOBBYING ACTIVITIES FOR THE RECORD. II. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS PROCEEDING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK, 88 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA 33149, TELEPHONE NUMBER (305) 365-5506, NOT LATER THAN TWO BUSINESS DAYS PRIOR TO SUCH PROCEEDINGS. III. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND September 21, 2022 www.keybiscayne.fl.gov 2 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (F.S.286.0105). IV. IN ACCORDANCE WITH VILLAGE CODE SECTION 2-161, ADOPTING SECTION 2-11.1(s) OF THE MIAMI-DADE COUNTY CODE, ANY PERSON ENGAGING IN LOBBYING ACTIVITIES, AS DEFINED THEREIN, MUST REGISTER AT THE VILLAGE CLERK’S OFFICE BEFORE ADDRESSING THE COUNCIL ON THE ABOVE MATTERS OR ENGAGING IN LOBBYING ACTIVITIES. THE ABOVE MEETINGS ARE HELD IN THE COUNCIL CHAMBER, 560 CRANDON BOULEVARD AND ARE SUBJECT TO CHANGE. ZONING MEETINGS AND SPECIAL COUNCIL MEETINGS WILL BE SCHEDULED ON AN AS NEEDED BASIS. PLEASE VISIT www.keybiscayne.fl.gov TO VIEW THE MEETING SCHEDULE. September 21, 2022 www.keybiscayne.fl.gov 3 MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT.

Village Council Michael W. Davey, Mayor Brett G. Moss, Vice Mayor Franklin H. Caplan Luis Lauredo Edward London Allison McCormick Ignacio J. Segurola 1. CALL TO ORDER/ROLL CALL OF MEMBERS 2. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS: 4. RESOLUTION: 4.A. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A JOINT PARTICIPATION AGREEMENT WITH MIAMI-DADE COUNTY TO RECEIVE $460,000 IN COUNTY ROAD IMPACT FEES FOR THE VILLAGE'S CRANDON BOULEVARD AND HARBOR SPECIAL COUNCIL MEETING WEDNESDAY, SEPTEMBER 21, 2022 5:45 PM There is a (3) minute time limit for each speaker during public comments. Your cooperation is appreciated in observing the (3) minute rule. If you have a matter you would like to discuss during public comments, a request form is available at the entrance of the Council Chamber, please fill-it in and return it to the Village Clerk prior to the start of the meeting. When your name is called, please come forward to the podium. Or if you are joining the meeting remotely, please dial any of the following Zoom numbers, US: +1 (312) 626-6799 or +1 (929) 205-6099 or +1 (301) 715-8592, and enter the Zoom Meeting ID: 231 627 8415, followed by #. There is no participant ID. Press # again. Please press *9 to “raise your hand” which places you in a queue to speak. You will be called upon by the last three digits of your telephone number when it is your turn to speak. When called upon, please press *6 to unmute yourself. PLEASE STATE YOUR NAME, ADDRESS, IF YOU ARE A HIRED CONSULTANT OR VILLAGE EMPLOYEE AND/OR IF ENGAGED IN LOBBYING ACTIVITIES AND/OR REPRESENTING AN ORGANIZATION FOR THE RECORD. September 21, 2022 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 1

DRIVE INTERSECTION IMPROVEMENTS PROJECT; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. (PUBLIC WORKS DIRECTOR JAKE OZYMAN) 5. SCHEDULE OF FUTURE MEETINGS/EVENTS: 6. ADJOURNMENT RECOMMENDATION: Approval TAB 1 A. REGULAR COUNCIL MEETING TUESDAY, OCTOBER 11, 2022, 6:00 P.M., COUNCIL CHAMBER B. KEY BISCAYNE MUNICIPAL ELECTION TUESDAY, NOVEMBER 8, 2022, 7:00 A.M. TO 7:00 P.M., GYMNASIUM, KEY BISCAYNE COMMUNITY CENTER C. REGULAR COUNCIL MEETING TUESDAY, NOVEMBER 29, 2022, 6:00 P.M., COUNCIL CHAMBER D. REGULAR COUNCIL MEETING TUESDAY, DECEMBER 13, 2022, 6:00 P.M., COUNCIL CHAMBER I. ANY PERSON WISHING TO ADDRESS THE VILLAGE COUNCIL ON AN ITEM ON THIS AGENDA IS ASKED TO REGISTER WITH THE VILLAGE CLERK PRIOR TO THAT ITEM BEING HEARD. PRIOR TO MAKING A STATEMENT, PLEASE STATE YOUR NAME, ADDRESS, IF YOU ARE A HIRED CONSULTANT OR VILLAGE EMPLOYEE/FORMER VILLAGE EMPLOYEE AND/OR IF ENGAGED IN LOBBYING ACTIVITIES FOR THE RECORD. II. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS PROCEEDING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK, 88 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA 33149, TELEPHONE NUMBER (305) 365-5506, NOT LATER THAN TWO BUSINESS DAYS PRIOR TO SUCH PROCEEDINGS. III. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (F.S.286.0105). IV. IN ACCORDANCE WITH VILLAGE CODE SECTION 2-161, ADOPTING SECTION 2-11.1(s) OF THE MIAMI-DADE COUNTY CODE, ANY PERSON ENGAGING IN LOBBYING ACTIVITIES, AS DEFINED THEREIN, MUST REGISTER AT THE VILLAGE CLERK’S September 21, 2022 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 2

OFFICE BEFORE ADDRESSING THE COUNCIL ON THE ABOVE MATTERS OR ENGAGING IN LOBBYING ACTIVITIES. THE ABOVE MEETINGS ARE HELD IN THE COUNCIL CHAMBER, 560 CRANDON BOULEVARD AND ARE SUBJECT TO CHANGE. ZONING MEETINGS AND SPECIAL COUNCIL MEETINGS WILL BE SCHEDULED ON AN AS NEEDED BASIS. PLEASE VISIT www.keybiscayne.fl.gov TO VIEW THE MEETING SCHEDULE. September 21, 2022 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 3

VlLLAGE ()lF lKEY lBlS(-:A YNJE Village Council Michael W. Davey, Mayor Brett Moss, Vice Mayor Frank Caplan Luis Lauredo Edward London Allison McCormick Ignacio J. Segurola Village Manager Steven C. Williamson DATE: TO: FROM: RE: MEMORANDUM September 21, 2022 Honorable Mayor and Councilmembers Steven C~~~anager Joint Participation Agreement between the Miami-Dade County and the Village of Key Biscayne, Crandon Boulevard Improvements RECOMMENDATION I recommend that the Village Council authorize the Village Manager to enter into an agreement with Miami-Dade County whereas the County would contribute $460,000 from Road Impact Fee Funds towards Crandon Blvd improvements. The Village will be responsible for all project administration throughout the design, permitting and construction of the project. BACKGROUND Crandon Boulevard is a four-lane divided roadway with 30 mph posted speed limit. Between 2013 to 2017, there were a total of 192 reported crashes, 36 of which involved either pedestrian and/or bicyclist. This number is approximately 5 times greater than the projected number by the highway safety manual. The Village desires to improve Crandon Boulevard in phases starting with two improvements. The first phase includes: • Construction of the 300-ft southbound right turn lane from Crandon Blvd to Harbor Drive • Construction of the 80-ft southbound left turn lane from Crandon Blvd to Key Colony Through this agreement, Miami-Dade County authorizes Village to administer the design, permitting and construction of the project, subject to the terms and conditions of the Joint Participation Agreement (Exhibit "A"). The Village has issued an invitation to bid, and proposals are due on October 4, 2022. Estimated cost of construction is $494,071 (Exhibit "B"). The remainder of the project cost will come from the FY 22 Capital Improvement Program, Crandon Boulevard Improvements. 88 West McIntyre Srreer > Key Biscayne, Florida 3314lJ • (305) 365-5511 • www.keybiscayne.tlgov MISSION STATEMFNT: "TO J>ROVII )I' I\ S/\FF. ()lJ;\I .ITY CO\IMlJNITY ENVIRONMU,T FOi! /\I.I. ISI./\NDl'RS Tl IROli( ill Rl'Sl'ONSllll.l' ( iOVERNMEl,T."" 4

RESOLUTION NO. 2022- __ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A JOINT PARTICIPATION AGREEMENT WITH MIAMI- DADE COUNTY TO RECEIVE $460,000 IN COUNTY ROAD IMPACT FEES FOR THE VILLAGE'S CRANDON BOULEVARD AND HARBOR DRIVE INTERSECTION IMPROVEMENTS PROJECT; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") is currently competitively procuring Invitation to Bid No. 2022-16 for the Crandon Boulevard and Harbor Drive Intersection Improvements Project (the "Project"); and WHEREAS, Miami-Dade County (the "County") has proposed entering into a Joint Participation Agreement, attached hereto as Exhibit "A" (the "JP A") to provide the Village $460,000 in County road impact fees to support the Village's design, permitting, and construction phases of the Project; and WHEREAS, the Village Council desires to enter into the JP A, in substantially the form attached hereto as Exhibit "A," to receive $460,000 in County road impact fees for the Project; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Approval. That the Village Council approves the JP A with the County in substantially the form attached hereto as Exhibit "A." 5

Section 3. Authorization. The Village Manager is hereby authorized to execute the JPA in substantially the form attached hereto as Exhibit "A," subject to the approval of the Village Attorney as to form, content, and legal sufficiency. Section 4. adoption. Effective Date. This Resolution shall become effective immediately upon PASSED and ADOPTED this __ day of , 2022. MICHAEL W. DA VEY MAYOR ATTEST: JOCELYN B. KOCH VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page 2 of2 6

EXHIBIT A JOINT PARTICIPATION AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE CRANDONBOULEVARDIMPOVEMENTS This AGREEMENT, made and entered into this day of , 2022, by and between the VILLAGE OF KEY BISCAYNE, FLORIDA, a municipal corporation of the STATE OF FLORIDA, hereinafter referred to as the "Village", and MIAMI-DADE COUNTY, a political subdivision of the STATE OF FLORIDA, hereinafter referred to as the "County". WITNESSETH WHEREAS, both parties herein wish to facilitate the construction of a road improvement project in MIAMI-DADE COUNTY, hereinafter referred to as the "Project" described as follows: Construction of a turn lane at Crandon Boulevard at Harbor Drive and an extension of the existing turn lane at Crandon Boulevard at Key Colony; and WHEREAS, the County wishes to utilize the resources of the Village to contract and construct the Project, subject to the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the promises and covenants contained herein, the parties agree: 1. RESPONSIBILITIES OF VILLAGE: 1.1. Recitals: The recitals are true and correct and are incorporated herein by this reference to form a part of this Agreement. 1 (DRAFT 8/29/2022) 7

1.2. Effective Date: This Agreement shall become effective on the date upon which the resolution adopted by the Board of County Commissioners approving this Agreement becomes effective. 1.3. Design: The Village shall complete at its sole expense, the construction plans, technical specifications, special provisions, pay items and cost estimates for the Project in accordance with standard Florida Department of Transportation, County, and/or Village, as applicable, design criteria, to the satisfaction of the County Department of Transportation and Public Works (DTPW) Director. The Village's design consultant shall be made available to the County at the Village's expense solely to review shop drawings and perform required post-design services, limited to Project design. 1.4. Permits and Approvals: The Village shall obtain all necessary permits, including any permits required by the County, and utility adjustments; and coordinate the review of construction documents by utilities and permitting agencies. The Village shall make all necessary adjustments as required for approval and/or permitting by those agencies. The Village shall obtain all necessary permits, and utility adjustments for the Project in accordance with applicable state, federal and local laws and ordinances. The Village shall not pay for any permits required by the County DTPW. 1.5. Right-of-Way: The Village shall acquire at its sole expense, any right-of-way that is required to complete the construction of the Project. 1.6. Public Information and Involvement: The Village will implement a Public Involvement Plan (PIP) during the design and construction of the Project to 2 (DRAFT 8/29/2022) 8

provide information to property owners, tenants, and area residents, including but not limited to: public meetings, Project documentation and flyers, business signs, directional parking signs, and schedules for major work to be performed in the area. Appropriate investigation of the Project stakeholders shall be used to develop the goals and objectives to implement the PIP. The Village shall submit a copy of the PIP to the County DTPW Director for review and concurrence prior to its implementation. Projects that exceed $1,000,000.00 in construction costs shall comply with the process and guidelines for the preparation and implementation of PIPs as established by Miami-Dade County Implementing Order 10-13. 1.7. Publicity: By the acceptance of these funds, the Village agrees that the Project elements funded by this Agreement shall recognize and adequately reference the County as a funding source. The Village shall ensure that all publicity, public relations, advertisements and signs recognizes and references the County for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. The use of the official County logo is permissible for the publicity purposes stated herein. The Village shall submit sample or mock-up of such publicity or materials to the County for review and approval. The Village shall ensure that all media representatives, when inquiring about the activities funded by this Agreement, are informed that the County is its funding source. 3 (DRAFT 8/29/2022) 9

1.8. Accounting: The Village shall at all times maintain separate accounting for the costs of the Project so those costs may be independently verified and audited by the County, at the request and cost of the County. The Village agrees to permit the County auditors to inspect the books, records and accounts of the Project for three (3) years after completion of the Project. These records shall be made available to the County for inspection within ten (10) business days upon written receipt of a written request from the County. 1.9. Construction: The Village shall procure the services of a licensed contractor holding an engineering contractor's license to construct the Project. The Village may award the contract through any available lawful means, in accordance with Section 255.20, Florida Statutes, which in the Village's discretion, affords the most competitive price for construction of the Project and which may include, but is not limited to, bid solicitation, request for proposals, the award of a change order on existing Village contract(s), or the extension of unit-prices provided in connection with prior competitive bid awards. Notwithstanding any provision to the contrary, the Village shall comply with all applicable County contract compliance and oversight measures relating to the expenditure of County funds, in accordance with Section 6 of this Agreement, and include such requirements in all solicitations. Prior to the advertisement to solicit a licensed contractor to construct the Project, the Village shall forward to the County DTPW Capital Improvements Division all necessary documentation to review for the application of Small Business Enterprise (SBE) measures, Wage and 4 (DRAFT 8/29/2022) 10

Workforce requirements. In turn DTPW, will obtain concurrence from Small Business Development (SBD). The construction contract shall also contain a requirement that the contractor(s) provide a payment and performance bond at least in the amount and form required by state law naming the County and Village as joint obligees or joint contracting public entities. The construction contract shall contain a contingency amount to address unforeseen conditions and owner required changes which shall not exceed ten percent ( 10%) of the base amount of the contract, unless otherwise approved in writing by designated representatives of the County and Village. The commitment for the expenditures of any contingency funds shall not be made by the Village without the prior written approval of the County DTPW Director. The County shall respond, in writing, within thirty (30) business days of receiving written requests from the Village to approve the commitment of contingency funds. Subsequent to the evaluation of bids or proposals by the Village and the Village's determination of the most advantageous bid or proposal, the Village shall provide said evaluation to the County DTPW Director for review and approval. SBD shall also be required to conduct a Pre-award Compliance review to determine the bidders' compliance with the SBE measures prior to the Village awarding the contract. Final commitment of County funds for the Project shall occur upon approval of the contract award recommendation by the County DTPW Director. The County agrees that the selection, retention and discharge of such contractor shall be the responsibility of the Village. 5 (DRAFT 8/29/2022) 11

1.10. Claims and Change Orders: The Village shall notify the County DTPW Director in writing when claims or change orders arise. The Village shall also invite the County to participate in negotiations of these claims and change orders. The County shall review and make a determination or approval of all change orders or supplemental agreements, permits, modifications of plans, or other requests for approvals submitted by the Village. SBD shall also be notified of any change orders to evaluate the applicability of SBE measures. 1.11. Construction Administration and Inspection: The Village shall exercise all responsibilities of the owner under the construction contract, including construction administration and inspections. The Village may delegate this function to an authorized agent or Construction Engineering Inspection consultant. The County's inspector shall have an oversight role in the routine daily inspections. In the case of a disagreement over the interpretation of the plans, the County DTPW Director shall have final authority subsequent to an independent final inspection by the County. The Village's designated representative and the County's designated representative shall jointly perform the inspection of the Project which immediately precedes substantial completion. The Village shall certify upon completion that the Project has been constructed pursuant to the design plans, specifications and approved change orders. Final payment to the Village and obligation of maintenance responsibility to the parties shall be subject to the final acceptance of the Project by the County DTPW Director. 6 (DRAFT 8/29/2022) 12

1.12. Coordination with Miami-Dade County Public Schools: Due to potential safety, operational and bus transportation impacts, the Village shall coordinate with Miami-Dade County Public Schools staff to implement maintenance of traffic measures. 1.13. Nondiscrimination: During the performance of this Agreement, the Village agrees to not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation, gender identity or gender expression, status as victim of domestic violence, dating violence or stalking, or veteran status, and on housing related contracts the source of income, and will take affirmative action to ensure that employees and applicants are afforded equal employment opportunities without discrimination. Such action shall be taken with reference to, but not limited to: recruitment, employment, termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on the job training. By entering into this Agreement, the Village attests that it is not in violation of the Americans with Disabilities Act of 1990 (and related Acts) or Miami-Dade County Resolution No. R-385-95. If the Village or any owner, subsidiary or other firm affiliated with or related to the Village is found by the responsible enforcement agency or the County to be in violation of the Act or the Resolution, such violation shall render this Agreement void. This Agreement shall be void if the Village submits a false affidavit pursuant to this 7 (DRAFT 8/29/2022) 13

Resolution or the Village violates the Act or the Resolution during the term of this Agreement, even if the Village was not in violation at the time it submitted its affidavit. The provisions of Section 1.13 shall be included in any agreement between the Village and any consultant and/or contractor performing work on this Project. 2. RESPONSIBILITIES OF COUNTY: 2.1. Funding Amount, Reimbursement of Project Costs: The construction cost estimate for the Project is $494,071 (this amount includes ten percent (10%) contingency). The County agrees to provide funds up to $460,000 for eligible costs, as defined herein, incurred by the Village for the construction of the Project. The County shall disburse to the Village funds for the Project in the manner set forth in Section 4. The County shall incur no liability for any costs in excess of said funding amount unless there has been a duly authorized increase approved by Miami-Dade Board of County Commissioners. 2.2. County Payments of Project Costs: The County funds provided for eligible costs as defined herein, incurred for the construction of the Project are specified below: Funding Amount $460,000 Funding Source Road Impact Fee District 7 County Fiscal Year of Commitment 2021-2022 2.3. Project Cost Adjustments: The amount contributed by the County is based on the current estimated costs of the Project. The parties recognize that adjustments to the above-referenced cost may be required in the future, and that at the option of the parties, amendments may be entered into to revise 8 (DRAFT 8/29/2022) 14

the funds available for the Project. Provided that there is no increase in the amount of County funds required as stated in Section 2.1, amendments may be executed by the Village Mayor and the County Mayor or County Mayor's designee without the need for approval by the Village Council and County Commission. Otherwise, further funding commitments shall be subject to the approvals of the parties' respective governing boards. 3. ELIGIBLE COSTS: The parties agree that only the below identified costs that may be incurred by the Village and that are directly related to the Project are eligible for reimbursement, provided adequate documentation accompanies the reimbursement request in the form of approved invoices, verified payment requests, documented journal entries, and/or check vouchers. For purposes of this Agreement, eligible costs are further defined as those pertaining to the construction of Project elements that are the standard items normally provided for by the County in County road improvement projects, and not the enhancement of standard items, or the incorporation of items which are in addition to those standard items. The County shall not be assumed to be liable to provide reimbursement for the design, construction or maintenance of such items that do not conform to this section of the Agreement. If enhancements to standard items are constructed in this Project, the Village may request County reimbursement only to a maximum amount corresponding to that which would be expended in providing the normal standard version of that item for a project of the same scope. The parties further agree that eligible costs will not include fees for construction management, construction inspections, and project management. 9 (DRAFT 8/29/2022) 15

4. SCHEDULE AND MANNER OF REIMBURSEMENTS: Upon execution of the Agreement, the Village shall furnish the County with a copy of the estimated budget for the Project, and will similarly furnish the County with any and all revisions thereto. At the time of contract award for this Project, the Village shall submit the Estimated Quarterly Construction Payout Schedule for the Project to the County DTPW Director. Quarterly disbursement of County funds to the Village shall be based upon Village invoices with certified copies of paid contractor invoices attached and shall not include any other charges. The Village acknowledges that a delay in the County's processing of invoices may occur if subcontractor repo