Regular Council Meeting October 14, 2025

Village Council Joe I. Rasco, Mayor Oscar Sardinas, Vice Mayor Michael F. Bracken Franklin H. Caplan Edward London Nancy Stoner Fernando A. Vazquez 1. CALL TO ORDER/ROLL CALL OF MEMBERS 2. PLEDGE OF ALLEGIANCE 3. INVOCATION 4. BRIEF COMMENTS BY COUNCIL 5. PUBLIC COMMENTS: 6. AGENDA: 7. SPECIAL PRESENTATIONS: 7.A. PRESENTATION OF THE 4TH GRADE STUDENT WINNERS OF THE "WHY I LOVE MY VILLAGE" ESSAY CONTEST GIVEN BY MAYOR RASCO REGULAR COUNCIL MEETING TUESDAY, OCTOBER 14, 2025 6:30 PM FATHER JUAN CARLOS PAGUAGA ST. AGNES CATHOLIC CHURCH If you would like to speak during public comments, please fill out a blue request form available at the Council Chamber entrance and submit it to the Village Clerk prior to the start of the meeting. When your name is called, please come forward to the podium and state your name and address. (If applicable, please state if you are a hired consultant or Village employee and/or engaged in lobbying activities and/or representing an organization.) Unless otherwise provided by Council, members of the public will have three (3) minutes to speak. APPROVAL/DEFERRALS/ADDITIONS/DELETIONS/SUBSTITUTIONS/WITHDRAWALS October 14, 2025 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 1

(COUNCILMEMBER STONER) 7.B. CIVIC CENTER PLAZA RE-IMAGINATION CONCEPT (BUILDING, ZONING, AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) 7.C. PRESENTATION OF A PROCLAMATION RECOGNIZING RED RIBBON WEEK IN ASSOCIATION WITH PRIVATE FIRST CLASS BRUCE W. CARTER MEDAL OF HONOR YOUNG MARINES (MAYOR RASCO) 8. CONSENT AGENDA: 8.A. JULY 1, 2025 MINUTES (REGULAR COUNCIL MEETING) 8.B. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND ENTER INTO A SECOND AMENDMENT TO THE SOLID WASTE COLLECTION AGREEMENT WITH GREAT WASTE AND RECYCLING SERVICES, LLC; AND PROVIDING FOR AN EFFECTIVE DATE.(PUBLIC WORKS DIRECTOR CHRIS MIRANDA AND CHIEF FINANCIAL OFFICER BENJAMIN NUSSBAUM) 8.C. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING CONTINUING PROFESSIONAL SERVICES AGREEMENTS WITH KCI TECHNOLOGIES, INC., LONGITUDE SURVEYORS, LLC, AND COLLIERS ENGINEERING & DESIGN, INC. FOR GEOTECHNICAL AND SURVEY SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2025-11; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION ; AND PROVIDING FOR AN EFFECTIVE DATE.(PUBLIC WORKS DIRECTOR CHRIS MIRANDA) TAB 1 (Consent agenda items are those which are routine, do not require discussion or explanation prior to Village Council action, or have already been discussed and/or explained and do not require further discussion or explanation. Items can be removed from the consent agenda by the request on an individual Councilmember for independent consideration provided such request is made during the approval/deferrals/additions/deletions/substitutions/withdrawals segment of the meeting, prior to the vote on the consent agenda.) TAB 2 RECOMMENDATION: APPROVAL TAB 3 October 14, 2025 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 2

8.D. A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF SIX POLICE VEHICLES IN AN AMOUNT NOT TO EXCEED $346,972.00; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.(CHIEF OF POLICE FRANCIS J. SOUSA) 8.E. A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF ONE 2026 CHEVROLET TAHOE FROM GARBER CHEVROLET BUICK GMC, INC. IN AN AMOUNT NOT TO EXCEED $63,190.55; PROVIDING FOR WAIVER OF COMPETITIVE BIDDING; DECLARING EXISTING FIRE VEHICLE AS SURPLUS PROPERTY; AUTHORIZING THE SALE OR DISPOSITION OF SURPLUS PROPERTY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.(FIRE RESCUE CHIEF JOSEPH FERNANDEZ) 8.F. A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE OF CARDIAC MONITORS AND RELATED EQUIPMENT FROM STRYKER SALES, LLC IN AN AMOUNT NOT TO EXCEED $116,455.52; PROVIDING FOR AUTHORIZATION; DECLARING CERTAIN EQUIPMENT AS SURPLUS PROPERTY; AUTHORIZING THE SALE OR DISPOSITION OF SURPLUS PROPERTY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.(FIRE RESCUE CHIEF JOSEPH FERNANDEZ) 8.G. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN AGREEMENT WITH THE KEY BISCAYNE CHAMBER OF COMMERCE IN AN AMOUNT NOT TO EXCEED RECOMMENDATION: APPROVAL TAB 4 RECOMMENDATION: APPROVAL TAB 5 RECOMMENDATION: APPROVAL TAB 6 RECOMMENDATION: APPROVAL TAB 7 October 14, 2025 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 3

$89,235.00; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. (CHIEF OF STAFF JENNIFER RODERO) 8.H. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING THE VILLAGE 2026/2027 LEGISLATIVE PRIORITIES; AND PROVIDING FOR AN EFFECTIVE DATE.(VILLAGE MANAGER) 8.I. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO PREPARE VOLUNTARY COMMUNICATION GUIDELINES; AND PROVIDING FOR AN EFFECTIVE DATE.(VILLAGE COUNCIL) 9. ORDINANCES: (NOT LATER THAN 7:30 P.M.) 9.A. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO. 2024-12, AS AMENDED BY EMERGENCY ORDINANCE NO. 2025-13, RELATING TO THE OPERATION OF ELECTRIC BICYCLES, MOTORIZED SCOOTERS, AND OTHER MOTORIZED MOBILITY DEVICES WITHIN THE VILLAGE, TO DELETE THE SUNSET PROVISION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.(VILLAGE ATTORNEY) SECOND READING PUBLIC HEARING REQUIRED 9.B. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY RECOMMENDATION: APPROVAL TAB 8 RECOMMENDATION: APPROVAL TAB 9 RECOMMENDATION: APPROVAL TAB 10 RECOMMENDATION: APPROVAL TAB 11 October 14, 2025 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 4

BISCAYNE, FLORIDA, AMENDING CHAPTER 23. – RETIREMENT, ARTICLE II - POLICE OFFICERS AND FIREFIGHTERS RETIREMENT PLAN, OF THE VILLAGE OF KEY BISCAYNE CODE OF ORDINANCES REGARDING THE RETIREMENT PLAN FOR POLICE OFFICERS AND FIREFIGHTERS OF THE VILLAGE OF KEY BISCAYNE; SPECIFICALLY, AMENDING SECTION 23-47(C) OF THE VILLAGE CODE TO PERMIT RETIRED POLICE OFFICERS HIRED ON A PART-TIME STATUS TO RECEIVE IN-SERVICE DISTRIBUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.(CHIEF OF POLICE FRANCIS J. SOUSA) FIRST READING 9.C. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 2-10, "ADVISORY BOARDS," OF CHAPTER 2 OF THE VILLAGE CODE OF ORDINANCES RELATING TO ADVISORY BOARD ADMINISTRATION AND BOARD MEMBER REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (MAYOR RASCO) FIRST READING 9.D. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE VILLAGE'S STORMWATER PROJECT RELATING TO THE CLEAN WATER STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.(CIP AND GRANTS MANAGER COLLEEN DURFEE) FIRST READING 10. RESOLUTIONS: 10.A. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN AGREEMENT WITH GIT RECOMMENDATION: APPROVAL TAB 12 TAB 13 RECOMMENDATION: APPROVAL TAB 14 October 14, 2025 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 5

CONSULTING LLC PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2025-13 FOR ZONE 1 ALTERNATIVE STORMWATER MODELING AND PLANNING SERVICES; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. (COUNCILMEMBER BRACKEN) 10.B. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A WORK ORDER TO GIT CONSULTING LLC FOR ZONE 1 ALTERNATIVE STORMWATER MODELING AND PLANNING SERVICES IN AN AMOUNT NOT TO EXCEED $240,810.00; AND PROVIDING FOR AN EFFECTIVE DATE.(COUNCILMEMBER BRACKEN) 10.C. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A VARIANCE REQUEST TO ALLOW A MAXIMUM REAR ZONE LOT ELEVATION OF 9 FEET AND 6 INCHES ABOVE BASE FLOOD ELEVATION ON PROPERTY LOCATED AT 640 SOUTH MASHTA DRIVE WHERE 8 FEET AND 6 INCHES ABOVE BASE FLOOD ELEVATION IS OTHERWISE REQUIRED; PROVIDING FOR FINDINGS; PROVIDING FOR CONDITIONS; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. (BUILDING, ZONING, AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) PUBLIC HEARING REQUIRED 10.D. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A VARIANCE REQUEST TO ALLOW A MAXIMUM EXTERIOR WALL HEIGHT OF 23 FEET AND 6 INCHES ABOVE BASE FLOOD ELEVATION ON PROPERTY LOCATED AT 640 SOUTH MASHTA DRIVE WHERE A MAXIMUM EXTERIOR WALL HEIGHT OF 22 FEET AND 6 INCHES ABOVE BASE FLOOD ELEVATION IS OTHERWISE PERMITTED; PROVIDING FOR FINDINGS; PROVIDING FOR RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE. (BUILDING, ZONING, AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) PUBLIC HEARING REQUIRED RECOMMENDATION: APPROVAL TAB 15 RECOMMENDATION: APPROVAL TAB 16 TAB 17 TAB 18 October 14, 2025 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 6

11. REPORTS AND RECOMMENDATIONS: 12. OTHER BUSINESS/GENERAL DISCUSSION 12.A. MOTION TO DEFER REGULATORY VARIANCE FOR 22 HARBOR POINT RELATING TO DOCK LENGTH TO A DATE CERTAIN. 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A. VILLAGE MANAGER: (NOT LATER THAN 8:00 P.M.) MANAGER'S REPORT TAB 19 1. REVENUE DIVERSIFICATION ANALYSIS (CHIEF FINANCIAL OFFICER BENJAMIN NUSSBAUM) 2. CIP FY26 MONTHLY REPORT (CIP AND GRANTS MANAGER COLLEEN DURFEE) B. MAYOR AND COUNCILMEMBERS 1. VILLAGE ATHLETIC ADVISORY BOARD AND SUSTAINABILITY ADVISORY BOARD MEMBER APPOINTMENTS (MAYOR RASCO) 2. SB 180 - LAWSUIT TO DECLARE THE BILL UNCONSTITUTIONAL AND PRESERVE MUNICIPAL HOME RULE (COUNCILMEMBER STONER) TAB 20 C. VILLAGE ATTORNEY D. VILLAGE CLERK TAB 21 REGULAR COUNCIL MEETING TUESDAY, NOVEMBER 18, 2025, 6:30 P.M., COUNCIL CHAMBER REGULAR COUNCIL MEETING October 14, 2025 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 7

14. ADJOURNMENT TUESDAY, DECEMBER 9, 2025, 6:30 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 AND ADDRESS 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 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. October 14, 2025 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 8

I fj!j 1 OFFICE OF THE MAYOR WHEREAS, communities across America have been plagued by the numerous problems associated with illicit drug use and those that traffic in them; and WHEREAS, there is hope in winning the war on drugs, and that hope lies in education and drug demand reduction, coupled with the hard work and determination of organizations such as the Young Marines of the Marine Corps League to foster a healthy, drug-free lifestyle; and WHEREAS, governments and community leaders know that citizen support is one of the most effective tools in the effort to reduce the use of illicit drugs in our communities; and WHEREAS, the red ribbon has been chosen as a symbol commemorating, the work of Enrique "Kiki" Camarena, a Drug Enforcement Administration agent who was murdered in the line of duty, and represents the belief that one person can make a difference; and WHEREAS, the Red Ribbon Campaign was established by Congress in 1988 to encourage a drug-free lifestyle and involvement in drug prevention and reduction efforts; and WHEREAS, October 23-31 has been designated National Red Ribbon Week, which encourages Americans to wear a red ribbon to show their support for a drug-free environment. NOW, THEREFORE, I, JOE I. RASCO, MAYOR OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DO HEREBY PROCLAIM OCTOBER 23 to 31, 2025, AS RED RIBBON WEEK IN THE VILLAGE OF KEY BISCAYNE AND URGE ALL CITIZENS TO JOIN ME IN THIS SPECIAL OBSERVANCE. IN WITNESS WHEREOF, I HA VE HEREUNTO SET MY HAND AND OFFICIAL SEAL OF THE VILLAGE OF KEY BISCAYNE THIS 14rn DAYk2Y MAYOR JOE I. RASCO CREATED & DESIGNED BY ISLAND RESIDENTS: CONCHITA ALVAREZ, JAMES BREWSTER & GEORGE EARL JR. 9

MINUTES REGULAR COUNCIL MEETING KEY BISCAYNE, FLORIDA TUESDAY, JULY 1, 2025 COUNCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Mayor at 6:33 p.m. Present were Councilmembers Michael F. Bracken, Franklin H. Caplan, Edward London, Nancy Stoner, Vice Mayor Oscar Sardiñas, and Mayor Joe I. Rasco. Councilmember Fernando A. Vazquez was absent. Also present were Village Manager Steven C. Williamson, Village Clerk Jocelyn B. Koch, and Village Attorney Chad Friedman. 2. PLEDGE OF ALLEGIANCE: Vice Mayor Sardiñas led the Pledge of Allegiance. 3. BRIEF COMMENTS BY COUNCIL: Mayor Rasco addressed the public wishing everyone a Happy 4 th of July; Councilmember Caplan recognized the Zoning Ordinance Review Committee (ZORC) as being a contributory and collaborative group with very productive meetings; Councilmember London announced four firms inquired about the RFQ to reevaluate Zone 1; Councilmember Stoner announced the Crosswalk Safety Campaign was recently launched and hoped the public will watch the corresponding video; Vice Mayor Sardiñas announced meeting with Miami-Dade County School Board District members and the new Principal at Key Biscayne K-8 Center, Evie Mayor; Councilmember Bracken addressed the Council regarding the October 15th , 2025 Regular Council Meeting date. 4. PUBLIC COMMENTS: The following persons addressed the Council: Karen Beber Futernick, 798 Crandon Boulevard with the Sustainability Advisory Board; Michele Estevez, 425 Grapetree Drive with the 4th of July Parade Committee; Andrew Maury, 210 Seaview Drive; Luis de la Cruz, 640 Allendale Road; Marcelo Radice, 70 Bay Heights Drive, Miami with the Key Biscayne Soccer Club; Josie Valdes-Hurtado, 600 Grapetree Drive; Brett Moss, 152 West Mashta Drive; Fausto Gomez, 765 Crandon Boulevard; Charles Collins, 1121 Crandon Boulevard; Betty Conroy, 785 Crandon Boulevard, and Derek Duzoglou, 155 Sunrise Drive with the Sustainability Advisory Board. 5. AGENDA: Councilmember London requested to defer Item 9D to the next Regular Council 10

Meeting. There was no objection to the agenda change. 6. SPECIAL PRESENTATIONS: There were no presentations given. 7. CONSENT AGENDA: There was no consent agenda presented. 8. ORDINANCE: The Clerk read the following ordinance on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO. 2024-16 WHICH ADOPTED THE BUDGET FOR FISCAL YEAR 2024- 2025 BY REVISING THE 2024-2025 FISCAL YEAR BUDGET (BUDGET AMENDMENT NO. 2); PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Caplan made a motion to approve the ordinance on first reading. The motion was seconded by Vice Mayor Sardiñas. The Manager addressed the Council regarding the above item and procurement. Miami-Dade County Commissioner Raquel Regalado addressed the Council regarding a Rickenbacker Causeway concept development and feasibility assessment plan, the National Environment Policy Act (NEPA), and working with the Key Biscayne Community Foundation and MD County’s Underline project. There was extensive discussion from Council, Commissioner Regalado, the Manager regarding the above items, getting stakeholder buy-in, private funding, public outreach, the Bear Cut Bridge and the Miami Seaquarium, a rain barrel pilot project, and sargassum management solutions. The ordinance was approved on first reading by a 5-1 roll call vote. The vote was as follows: Councilmembers Bracken, Caplan, Stoner, Vice Mayor Sardiñas, and Mayor Rasco voting Yes. Councilmember London voting No. 9. RESOLUTIONS: The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A SITE PLAN FOR TWO COMMERCIAL BUILDINGS CONSISTING OF RETAIL/OFFICE SPACE AND A PADEL COURT FACILITY FOR THE PROPERTY LOCATED AT 12-22-24 CRANDON BOULEVARD; PROVIDING FOR FINDINGS; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Councilmember London made a motion to approve the resolution. The motion was seconded by Councilmember Caplan. The Attorney addressed the public and Council regarding the quasi-judicial hearing. 11

All witnesses giving testimony were sworn in by the Clerk. Councilmember Bracken recused himself and exited the Chamber. Building, Zoning and Planning Director Jeremy Calleros Gauger addressed the Council regarding the above resolution. There was extensive discussion from Council, Director Calleros Gauger, and the Manager regarding the above resolution, traffic flow, EV outlet charging, FreeBee and “street legal” golf cart parking, monument signage, the padel court’s height, noise levels, lights at night, landscaping and equipment screening, and bicycle and pedestrian access. Ian DeMello with Shubin Law Group representing Environmental Resilient Communities LLC, David Martin with Terra Group, Civil Engineer Hernando Navas with Schwebke- Shiskin & Associates, Traffic Engineer Raquel Seleny with Kimley Horn gave a presentation of the proposed site plan. Chief Resilience and Sustainability Officer Dr. Roland Samimy was sworn in by the Clerk. CRSO Samimy and the Manager addressed the Council regarding a north side easement. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. There was additional discussion from Council, Director Calleros Guager, Mr. Martin, and the Attorney regarding signage, lighting, and noise levels. It was the consensus of Council that the lights should be designed to not spill off property on Crandon Boulevard and Harbor Plaza to a level of 0.5 foot-candles by utilizing a photometric study and to modify the existing condition that the murals be kept at a high standard of maintenance over the long term, made with durable materials, and the maintenance and upkeep is to be reviewed and approved by the Manager or the Manager’s designee. The resolution, as amended, was approved by a 5-0 voice vote. The vote was as follows: Councilmembers Caplan, London, Stoner, Vice Mayor Sardiñas, and Mayor Rasco voting Yes. At this time, the Council took a 15-minute break. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, REVISING THE SCHEDULE OF FEES FOR USE OF THE VILLAGE’S COMMUNITY CENTER; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember London made a motion to approve the resolution. The motion was seconded by Vice Mayor Sardiñas. 12

Chief Financial Officer Benjamin Nussbaum and Parks, Recreation and Open Spaces Director Todd Hofferberth addressed the Council regarding the above resolution. There was discussion from Council, CFO Nussbaum, Director Hofferberth, the Manager, and the Attorney regarding the above resolution and membership ages and categories. It was the consensus of Council to make the following clarifications and amendments: “Youth” will be 18 years old and under, the “Student” category will be renamed to “Young Adult” which will be 19 to 25 years old, and all Community Center rates could increase every year by Miami- Dade County’s CPI, rounded to the closest $10. The Mayor opened the public hearing. There were no speakers present. The Mayor closed the public hearing. The resolution, as amended, was approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bracken, Caplan, London, Stoner, Vice Mayor Sardiñas, and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE MAXIMUM RATE FOR THE STORMWATER UTILITY FEE RELATING TO THE STORMWATER MANAGEMENT SYSTEM; PROVIDING FOR AUTHORITY, PURPOSE, AND DEFINITIONS; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE MAXIMUM RATE FOR THE STORMWATER UTILITY FEE AND NOTICE THEREOF; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Caplan made a motion to approve the resolution. The motion was seconded by Councilmember Stoner. CFO Nussbaum addressed the Council giving a presentation. There was discussion from Council, CFO Nussbaum, and the Manager regarding the above presentation, low interest borrowing rates, showing borrowing capacity, and what is the pervious area of a single-family home and multi-family condominium. The Clerk announced this item had been recently updated. CFO Nussbaum stated Exhibits B and C were updated and shows the total of the maximum collection of the stormwater rates will be and that the current numbers presented this evening are correct. Letters will be mailed out to property owners with the rates of what the maximum rate could be, and the public hearing will take place at the August 19th Regular Council Meeting. The resolution was approved by a 6-0 voice vote. The vote was as follows: Councilmembers 13

Bracken, Caplan, London, Stoner, Vice Mayor Sardiñas, and Mayor Rasco voting Yes. 10. VILLAGE MANAGER: BUDGET PRESENTATION Councilmember Caplan addressed the Council regarding the Trap-Neuter-Release Program (TNR). The Manager stated that the funding ask was in the Community Programs and Events budget which will be provided to Councilmember Caplan. The Manager and CFO Nussbaum presented the FY26 Budget Estimate. The Property Appraiser revised their June 1st preliminary taxable value numbers today to 11.7 Billion which is a 6.5% increase from the prior year for Ad-Valorem Taxes. Also presented were Revenue Projections, the FY26 Baseline Budget Estimate, and the FY 26 Proposed New Initiatives. There was discussion from Council, CFO Nussbaum, the Manager, and the Attorney regarding the above presentation, using reserves to fund capital projects, a maintenance and repair fund, a possible future financial workshop, and diversified revenue sources. Also discussed were support for the KBK8 Middle School, road impact and code violation fees, and looking into using artificial intelligence to help in various departments, i.e.: police, fire, procurement, and the building department. Vice Mayor Sardiñas made a motion to accept the proposed millage cap of 3.0777. The motion was seconded by Councilmember Caplan. The motion was approved by a 5-1 voice vote. The vote was as follows: Councilmembers Bracken, Caplan, Stoner, Vice Mayor Sardiñas, and Mayor Rasco voting Yes. Councilmember London voting No. The Clerk addressed the Council regarding rescheduling the Budget Hearing dates. It was the consensus of Council to change the First Budget Hearing from September 10 th , 2025 to September 11th , 2025 and to change the Second Budget Hearing from September 25, 2025 to September 29, 2025. 11. REPORTS AND RECOMMENDATIONS: The following items were discussed: Village Manager. The Manager addressed the Council regarding Cybersecurity requirements for the Village and recognized CFO Nussbaum who received a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association. Mayor and Councilmembers: These items were addressed earlier in the evening. Village Attorney. The Attorney called for an Executive Session regarding Miami Fourth Estate vs. Village of Key Biscayne and Steve Williamson. The Clerk will provide notice of the date and time. Village Clerk. The Clerk did not submit a report 14

12. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 14. ADJOURNMENT: The meeting was adjourned at 10:09 p.m. Respectfully submitted: ____________________________ Jocelyn B. Koch Village Clerk Approved this _ __ day of __ ______ ____ 2025: ____________________________ Joe I. Rasco Mayor 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. 15

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Contract No. 2025-11 Page 1 of 20 CONTINUING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND [INSERT CONSULTANT’S NAME] THIS AGREEMENT (this “Agreement”) is made effective as of the day of , 2025 (the “Effective Date”), by and between the VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation, (the “Village”), and [INSERT CONSULTANT’S NAME], a [TYPE OF ENTITY] (the “Consultant”). WHEREAS, the Village desires continuing professional geotechnical and surveying services, all as set forth in greater detail in the Scope of Services attached hereto as Exhibit “A” (the “Services”); and WHEREAS, the Consultant will perform the Services on behalf of the Village, all as further set forth in the Proposal attached hereto as Exhibit “B”; and WHEREAS, the Consultant and Village, through mutual negotiation, have agreed upon a Rate Schedule, attached hereto as Exhibit “C,” for the performance of the Services; and WHEREAS, the Village 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 Village agree as follows: 1. Scope of Services. 1.1. The Consultant shall perform the Services in accordance with the Scope of Services attached hereto as Exhibit “A” and the Proposal attached hereto as Exhibit “B.” Specifically, the Consultant shall furnish the Services and provide deliverables for various project aspects for the Village (each a “Project”), as requested by the Village and detailed in a “Statement of Work” or “Project Specific Agreement,” which the Village will provide the Consultant when engaging the Consultant to work on a specific Project. 1.2. Prior to commencement of work on a specific Project, the Consultant will provide the Village with a fixed lump sum cost for the Services set forth in the Statement of Work or Project Specific Agreement calculated using the rates set forth on the Rate Schedule attached hereto as Exhibit “C.” 1.3. If the Village approves the fixed lump sum cost for the Project, the Village will provide the Consultant with a Notice to Proceed to perform the Services set forth in the Statement of Work or Project Specific Agreement. Consultant acknowledges that it shall not undertake to perform any Services on any Project until it has received from the Village the Notice to Proceed on such Project. EXHIBIT A 32

Contract No. 2025-11 Page 2 of 20 1.4. 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 Village. 1.5. The Consultant shall abide by the terms and requirements of the RFP, as though fully set forth herein. 2. Term/Commencement Date. 2.1. This Agreement shall become effective upon the Effective Date and shall remain in effect for through three (3) years thereafter, unless earlier terminated in accordance with Paragraph 8. Additionally, the Village Manager may renew this Agreement for two (2) additional one (1) year periods on the same terms as set forth herein upon written notice to the Consultant. 2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services within the timeframes set forth in the Statement of Work and the Notice to Proceed for each Project in the manner provided in this Agreement, unless extended by the Village Manager. 3. Compensation and Payment. 3.1. Compensation for Services provided by Consultant shall be in accordance with the approved fixed lump sum set forth in the Statement of Work or the Notice to Proceed for such Project, which shall be based on the Rate Schedule attached hereto as Exhibit “C.” 3.2. During each Project, Consultant shall deliver an invoice to Village no more often than once per month detailing Services completed and the amount due to Consultant under the Statement of Work for such Project. Fees shall be paid in arrears each month, pursuant to Consultant’s invoice, which shall be based upon the percentage of work completed for each Project. The Village shall pay the Consultant in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the Village Manager. 3.3. Consultant’s invoices must contain the following information for prompt payment: 3.3.1. Name and address of the Consultant; 3.3.2. Purchase Order number; 3.3.3. Contract number; 3.3.4. Date of invoice; 3.3.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers will be rejected); 3.3.6. Name and type of Services; 3.3.7. Timeframe covered by the invoice; and 33

Contract No. 2025-11 Page 3 of 20 3.3.8. Total value of invoice. Failure to include the above information will result in the delay of payment or rejection of the invoice. All invoices must be submitted electronically to payables@keybiscayne.fl.gov. 4. Subcontractors. 4.1. The Consultant shall be responsible for all payments to any subcontractors and shall maintain responsibility for all work related to the Services and/or any Project. 4.2. Consultant may only utilize the services of a particular subcontractor with the prior written approval of the Village Manager, which approval shall be granted or withheld in the Village Manager’s sole and absolute discretion. 5. Village’s Responsibilities. 5.1. Village shall make available any maps, plans, existing studies, reports, staff and representatives, and other data pertinent to the Services and in possession of the Village, and provide criteria requested by Consultant to assist Consultant in performing the Services. 5.2. Upon Consultant’s request, Village 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 Village 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 Village as an independent contractor of the Village. 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. 34

Contract No. 2025-11 Page 4 of 20 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 Village. 8. Termination. 8.1. The Village 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 Village's written notice of termination, Consultant shall immediately stop work on the project unless directed otherwise by the Village Manager. 8.3. In the event of termination by the Village, the Consultant shall be paid for all work accepted by the Village 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 Village, 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 Village, naming the Village 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 Village, its officials, employees, agents, and volunteers naming the Village as additional insured. Any insurance maintained by the Village 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 Village as it deems necessary or prudent. 9.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Consultant. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 9.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Consultant shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker’s Compensation insurance. 35

Contract No. 2025-11 Page 5 of 20 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 Village, reflecting the Village 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 Village and prior to commencing Services. Each certificate shall include no less than (30) thirty-day advance written notice to Village 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 Village. 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 Village reserves the right to inspect and return a certified copy of such policies, upon written request by the Village. 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 Village before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the Village. 9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker’s Compensation Insurance, the Village is to be specifically included as an Additional Insured for the liability of the Village 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 Village as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the Village 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 Village. 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, 36

Contract No. 2025-11 Page 6 of 20 sex, or national origin, and will 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 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 Village, 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 Village 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 Village 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 Village 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. 12.4. 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. 37

Contract No. 2025-11 Page 7 of 20 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 Village which are conceived, developed or made by Consultant during the term of this Agreement (“Work Product”) belong to the Village. Consultant shall promptly disclose such Work Product to the Village and perform all actions reasonably requested by the Village (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 Village 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 Village. 16.3. Upon request from the Village’s custodian of public records, Consultant shall provide the Village 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 Village. 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 Village Manager, at no cost to the Village, within seven (7) days. All such records stored electronically by Consultant shall be delivered to the Village in a format that is compatible with the Village’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. 38

Contract No. 2025-11 Page 8 of 20 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 Village. 16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Jocelyn B. Koch Mailing address: 88 West McIntyre Street Key Biscayne, FL 33149 Telephone number: 305-365-5506 Email: jkoch@keybiscayne.fl.gov 17. Nonassignability. This Agreement shall not be assignable by Consultant unless such assignment is first approved by the Village Manager. The Village is relying upon the apparent qualifications and expertise of the Consultant, and such firm’s familiarity with the Village’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 . The Consultant and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the Village with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. 20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. 21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 39

Contract No. 2025-11 Page 9 of 20 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. State Required Affidavits. By entering into this Agreement, the Consultant agrees to review and comply with the following state affidavit requirements: 24.1. 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. 24.2. Scrutinized Companies. Consultant certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, Florida Statues, the Village may immediately terminate this Agreement at its sole option if the Consultant is found to have submitted a false certification; or if the Consultant is 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 is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Terrorism Sectors List, 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, Florida Statutes. Pursuant to Section 287.135, Florida Statutes, the Village may immediately terminate this Agreement at its sole option if the Consultant is found to have submitted a false certification; or if the Consultant is placed on the Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Sectors List, Scrutinized Companies with Activities in Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 24.3. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business with the Village to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Village 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 entering into this Agreement, the Consultant 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. 40