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17THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: STEVEN ALEXANDER, CiTY MANAGER Agenda Item NO.:n DATE: July 12, 2016 SUBJECT: A resolution authorizing the City Manager to negotiate and enter into a contract, for a term not to exceed five (5) consecutive years, with Calvin, Giordano & Associates, Inc. for the completion of the Comprehensive Plan and Land Development Code revision. BACKGROUND: Comprehensive plans are the tool by which communities provide policies, guidelines and strategies for their orderly future economic, social, physical, and environmental development. Such plans work in conjunction with land development regulations (Le. zoning codesL which provide specific regulations aimed at realizing the vision for the community. Florida municipalities are required by state law to prepare and periodically update their Comprehensive Plans. Further, it's the State's intent that any development regulations adopted by a local government shall "be based on, be related to, and be a means of implementation" for its comprehensive plan (Ch. 163.3201 F.S). Thus, it's appropriate that plans and regulations be reviewed and evaluated as a single, comprehensive effort. Earlier this year, the City issued a Request for Qualifications (RFQ) seeking a consultant to review and update the South Miami Comprehensive Plan and Land Development Code (Chapter 20 of the Code of Ordinances). Proposals were received from the following firms: Calvin Giordano & Associates, Inc. (CGA), Corradino Group, Iler Planning, Sol Arch, and Tindale Oliver. A selection committee made up of Marcus Lightfoot, Senior Planner, Shari Kamali, Deputy City Manager, and Jane Tompkins, Planning Director, reviewed the proposals and identified four respondents for oral interviews, in accordance with the Evaluation and Selection procedures addressed in the RFQ. Interviews with the finalists, CGA, Corradino Group, lIer Planning and Tindale Oliver were held on May 31, 2016. After the interviews, the Selection Committee met again on June i h at which time Tindale Oliver was eliminated from consideration. The three remaining firms were then individually scored by the committee members on factors identified in the RFQ: staff experience and team organization; project approach; and commitment to timelines and budgetary considerations. Based on the scores, CGA was recommended for contract negotiations. At staff's request, CGA submitted a Scope of Services, including an anticipated timeline and detailed budget. July 12, 2016 Page 2 of 2 The funds are available for the contract in the Planning & Zoning Department's current fiscal year budget. AMOUNT: $168,055 ACCOUNT: 001-1620-524-3450 with a current balance of $199,245 Attachments: • Resolution • Calvin Giordano & Associate's Response to RFQ • Professional Services Agreement (including CGA's Scope of Services, Timeline and Budget as Attachment A) • Letter from Jane Tompkins to Steven Alexander • Selection Committee's Final Rankings • Sun Biz report for Calvin Giordano & Associates 1 RESOLUTION NO: _____ _ 2 A Resolution authorizing the City Manager to negotiate and enter into a contract, for a 3 term not to exceed five (5) consecutive years, with Calvin Giordano & Associates, Inc. 4 to complete a "Comprehensive Plan and Land Development Code Revision". 5 6 WHEREAS, Florida municipalities are required to prepare Comprehensive Plans and 7 periodically update those Plans; and 8 9 WHEREAS, a municipality's land development regulations are intended to implement 10 the Comprehensive Plan and should be consistent with the Plan; and 11 12 WHEREAS, the City solicited proposals for professional services in response to RFQ 13 #PL2016-09 titled "Comprehensive Plan and Land Development Code Revision" and received 14 proposals from five consultant firms; and 15 16 WHEREAS, the proposals were reviewed by a Selection Committee comprised of City 17 Staff who have recommended that the City hire the firm of Calvin Giordano & Associates, Inc.; 18 and 19 20 WHEREAS, the Planning and Zoning Department is in support of the recommendation; 21 and; 22 23 WHEREAS, the funds to support this engagement are available in the annual fiscal year 24 budget (account 001-1620-524-3450 which has a current balance of $199,245). 25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 26 CITY OF SOUTH MIAMI, FLORIDA; 27 Section 1. The City Manager is hereby authorized to negotiate and enter into a 28 contract, for a term not to exceed five (5) years, with Calvin Giordano & Associates, Inc. to 29 complete the "Comprehensive Plan and Land Development Code Revision" for $168,055. 30 Further, the City Manager is hereby authorized to expend an additional amount, not to exceed 31 $10,000, for contingencies and unanticipated expenses. 32 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is 33 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this hol~ng 34 shall not affect the validity of the remaining portions of this resolution. 35 Section 3. Effective Date: This resolution shall take effect immediately upon 36 enactment. 37 38 39 40 41 42 43 PASSED AND ADOPTED this _ day of ____ , 2016 ATIEST: APPROVED: CITY CLERK MAYOR Page 10f2 1 2 3 4 5 6 7 8 9 10 READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION EXECUTION THEREOF CITY AITORNEY Page 2 of2 COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Harris: Commissioner Liebman: Electronic RFP# COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE REVISIONS PL2016.09 Prepared For: City of South Miami Office of the City Clerk South Miami City Hall 6130 Sunset Drive South Miami, FL 33143 Due Date/Time: April 29, 2016 10:00 A.M. Calvin, Giordano S Associates, Inc. E x C E P T ION A l SOL UTI 0 N 5'" CITY OF SOUTH MIAMI REQUEST FOR QUALIFICATIONS FOR COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE REVISIONS, RFQ #PL2016-09 City of South Miami CALVIN, GIORDANO & ASSOCIATES, INC. 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 (954) 921-7781 (Office) / (954) 921-8807 (Fax) marketing@cgasolutions.com INDIVIDUAL AUTHORIZED TO MAKE REPRESENTATIONS FOR CALVIN, GIORDANO & ASSOCIATES, INC. SHELLEY EICHNER, AICP Senior Vice President seichner@cgasolutions.com 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 (954) 266-6465 (Office) / (954) 921-8807 (Fax) PROJECT MANAGER Richard Cannone, AICP Principal Planner rcannone@cgasolutions.com 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 (954) 921-7781 (Office) / (954) 921-8807 (Fax) Submission Deadline: April 29, 2016 RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions Calvin, Giordano & Associates, Inc. E x C E P T ION A l SOL UTI 0 N S'" Section 1 Title Page Title Page Information ...................................................................................................................................................... 1 Section 2 Table of Contents Table of Contents ................................................................................................................................................................. 2 Section 3 Cover Letter and Executive Summary Cover Letter ........................................................................................................................................................................... 4 Executive Summary ............................................................................................................................................................ 6 Section 4 Firm Overview Firm Overview ................................................................................................................................................................... 10 Section 5 Personnel and References Organizational Charts .................................................................................................................................................... 11 Resumes ............................................................................................................................................................................... 13 Licenses and Certificates .............................................................................................................................................. 25 References ........................................................................................................................................................................... 27 Section 6 Other Relevant Experience Other Relevant Experience .......................................................................................................................................... 29 Case Studies ........................................................................................................................................................................ 30 Section 7 Attachments and Other Documents Proposal Checklist ........................................................................................................................................................... 32 Signed Contract Documents (Exhibit 6) ................................................................................................................. 33 Respondent Qualification Statement ...................................................................................................................... 39 Litigation Statement ....................................................................................................................................................... 42 List of Proposed Subcontractors and Principal Suppliers ............................................................................. 43 Non-Collusion Affidavit ................................................................................................................................................ 44 Public Entity Crimes and Conflict of Interest ...................................................................................................... 46 Drug Free Workplace ...................................................................................................................................................... 49 OSHA Acknowledgement .............................................................................................................................................. 50 Affidavit concerning federal and state vendor listings .................................................................................... 51 Related Party Transaction Verification Form ....................................................................................................... 53 Presentation Team Decleration/ Affidavit of Representation ...................................................................... 62 Proposal and Instruction to Respondents (Exhibit 2) ..................................................................................... 63 Indemnification and Insurance (Exhibit 4) and COl ......................................................................................... 65 Section 8 The Invitation for Proposal and Instructions to Respondents Invitation for Proposal and Addenda ...................................................................................................................... 77 City of South Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions Calvin, Giordano 8-Associates, Inc. E x C E P T ION A l SOL UTI 0 N STh' See the following pages for the Cover Letter and Executive Summary. City of South Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions 3 Building Code Services Coastal Engineering Code Enforcement Construction Engineering and Inspection Construction Services Contract Government Data Technologies and Development Emergency Management Services Engineering Environmental Services Facilities Management Indoor Air Quality Landscape Architecture Municipal Engineering Planning Public Administration Redevelopment and Urban DeSign Surveying and Mapping Traffic Engineering Transportation Planning GSA Contract Holder 1800 Eller Drive Suite 600 Ft. Lauderdale, FL 33316 954.921.7781 phone 954.921.6807 fax www.cgasolutions.com FORT LAUDERDALE Calvin, Giordano g Associates, Inc. EXCEPTIONAL SOLUTIONSTM April 28, 2016 Office of the City Clerk South Miami City Hall Maria M Menendez, CMC, City Clerk 6130 Sunset Drive South Miami, FL 33143 RE: Comprehensive Plan and Land Development Code Revision RFQ #PL2016-09 Dear Ms. Menendez: Calvin, Giordano & Associates, Inc. (CGA) is pleased to submit our qualifications to provide Comprehensive Plan and Land Development Code Revision services as set forth in and pursuant to RFQ #PL2016-09. We have reviewed the scope of services contemplated by the City of South Miami, and have selected a project team with over 30 years of experience and skills to successfully complete the Comprehensive Plan and Land Development Code Revision for the City of South Miami. CGA is a well-established multi-disciplinary firm headquartered in Fort Lauderdale. For more than 79 years, our firm has been providing consulting services to both private and public clients. CGA's team members have worked together to build a long resume of providing comprehensive planning services. An important component of comprehensive plans and long-term visions typically include discussions and analyses of existing community character, transportation and traffic concerns, housing opportunities, improving neighborhoods, environmental protection, coordinating infrastructure improvements and maintaining and improving quality of life. It is important to note that all comprehensive planning services are done in-house with no sub-consultants. This multi- diScipline capability and approach assures that all aspects of the City's Comprehensive Plan will be both consistent and complete. At eGA, our staff continually monitors state legislation for its impact on both the public and private sector. We also keep abreast of all county and municipal ordinances affecting land use, zoning and site plan regulations. Furthermore, our Florida experience has prepared us to efficiently address a multitude of local and regional planning issues. I, Shelley Eichner, AICP will serve as the Principal-in-Charge and Richard Cannone, AICP will serve as Project Manager of the project. WEST PALM BEACH PORT ST. LUCIE HOMESTEAD TAMPA I CLEARWATER JACKSONVILLE 4 ATLANTA Contact information: Shelley Eichner, Principal in Charge 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 Email: marketing@cgasolutions.com T: (954) 921-7781 F: (954) 921-8807 Richard Cannone, Project Manager 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 Email: rcannone@cgasolutions.com T: (954) 921-7781 F: (954) 921-8807 We appreciate the opportunity to respond to this request and know that given the opportunity, the City of South Miami will benefit from our extensive experience in Comprehensive Planning and Land Development. Our proposed team brings significant depth of technical expertise and knowledge. Client satisfaction remains our underlying theme and is the most important part of any statement of past performance. Sincerely, CALVIN, GIORDANO & ASSOCIATES, INC. Shelley Eichner, AICP Senior Vice President 5 Calvin, Giordano g Associates, Inc. E x C E P T ION A l SOL UTI 0 N S'" EXECUTIVE SUMMARY The overall work plan and schedule will take into consideration timeframes to: Calvin, Giordano and Associates offers the City of South Miami a balanced approach combining, Planning and Urban Design, Environmental Planning, Traffic Engineering, and Civil Engineering. This approach, grounded in public participation, will result in a Comprehensive Plan and Land Development Code update that will enhance the quality of life for the residents, businesses, and overall quality and image of the City of South Miami. Given our multi-discipline approach, CGA combines creative planning solutions with economic development, capital improvements, and community input. We will use stakeholder input to understand community issues and concerns and transform this content into implementable goals, objectives and policies. One essential and integral aspect of our processes is public participation. CGA has coordinated workshops to present, discuss and obtain feedback for many issues revolving around our varied and experienced municipal work. CGA's perception of the issues with the existing Land Development Code is a typical problem faced by many municipalities. Over time, codes are modified and revised, resulting in inconsistencies. A rewrite of the document allows an analysis of each section and confirm that there are no longer any conflicts. Another issue is the preservation of the residential district and the encouragement of economic development in the non-residential areas. The revisions to the Code will help guide development to the desired locations and remove categories that are no longer appropriate. The Comprehensive Plan is a typical document written based on the requirements of 9J5. This checklist is no longer required and cities are looking to include innovative strategies, such as sustainable policies to address sea level rise as well as transit oriented development techniques. KICK OFF MEETING In order to accomplish the services required, CGA staff will meet with City Staff to finalize the work program within a week of the contract award. The project schedule and timelines as well as milestones and benchmarks will be determined. • Provide notice of public outreach meetings, • Review drafts with City staff, including legal staff, • Update drafts based on public input; and • Provide adequate legal notice for the Planning Board, Environmental Review and Preservation Board and the City Commission. EXISTING CONDITIONS REVIEW, INVENTORY AND ASSESSMENT CGA will review the City's existing Comprehensive Plan and Land Development Code, as well as the plans relating to all applicable agencies. These documents will be reviewed to form the basis of the plan elements. PUBLIC PARTICIPATION One essential and integral aspect of the planning processes is public participation. CGA envisions holding a series of workshops which may involve a weekend intensive session over a 2 day period or spread out over 1-2 week intervals or more as desired by the city. Invitations to the workshops will be broad based and include outreach to residents, homeowners associations, business owners and managers, land owners, contractors, and other members of the community. CGA will assist the City with advertisements including a general postcard mailing, flyers and announcements on City agendas, postings to the project website portal and any social media sites the City utilizes to reach out to its citizens. The purpose of the workshops will be to discuss and receive public input on the key local planning issues that may need to be addressed in the Comprehensive Plan as well as any challenges in implementing modification to the Land Development Code. At the beginning of each workshop, the CGA Team along with City staff will prepare a presentation explaining the purpose and need for the Comprehensive Plan in order to begin the discussion and elicit input from the attendees. Depending on the topics, a number of different public involvement types could be employed. Through our experiences, a SWOT Analysis (Strengths, Weaknesses, Opportunities and Threats) tends to work well to fully gather all input. Depending on the size of the group, several different methodologies could be used. If there is a large and diverse group, the audience will then be directed to join one of the smaller groups for a facilitated discussion of issues that pertain to them. A CGA and/or City staff member will facilitate each group and write their comments and issues on an City of South Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions 6 Calvin, Giordano & Associates, Inc. E x C E P T ION A l SOL UTI 0 N 5'" easel pad. After this 20 minute breakout session, each group will report on what they have written on their easel pads. Another format is to keep the group together and use hand held voting devices that will be distributed to all in attendance to gauge the public's opinions and concerns. This will allow each attendee to have their opinion count in an anonymous fashion and give rise to further discussions. DESIGN, HOST AND MAINTAIN WEBSITE In coordination with City staff, CGA will design, host and maintain a dedicated website portal throughout the update process. Site content will include basic information and interior pages such as an "About the Project" page "Frequently Asked Questions (FAQ)" and a "Contact Us" page where enquiries regarding the project can be submitted, all linked to the City's website. REVIEW COMPREHENSIVE PLAN CGA will prepare a working draft of proposed goals, objective and policies and supporting data and analysis to provide consistency with Chapter 163.3177 Florida Statutes (F.S.) In order to accomplish this, the CGA team will gather and analyze existing information for all Comprehensive Plan elements from the Shimberg Institute (University of Florida), Miami-Dade County, the South Florida Water Management District, Florida Department of Transportation, Department of Environmental Protection, Florida Department of Economic Opportunity, Florida Department of State, South Florida Regional Council, and other public and private service providers according to the requirements of Chapter 163 F.S. This baseline data will be utilized in developing the data and analysis required to implement the goals, objectives and policies of the plan. The plan must be based on at least the minimum amount of land required to accommodate population projections for at least a 10-year planning period and the elements must be consistent with each other. The Comprehensive Plan will also include a Capital Improvements element to ensure the availability of ,public facilities and the adequacy of those facilities to meet the established levels of service. The Comprehensive Plan will be a culmination of both previous tasks and the following goals which include an existing conditions analysis, stakeholder interviews, analysis of regulations and planning issues, and public input received through the community outreach effort. We will evaluate potential land use changes in relation to the current land use designations and existing uses. CGA will evaluate major property holdings, development regulations, public amenities, including parks and open space, infrastructure, circulation and transportation. REVIEW LAND DEVELOPMENT CODE Our experience in professional planning for municipalities and private development keeps us abreast of cutting edge, innovative planning and development trends and practices. Having environmental planners in house has kept us on the forefront of sustainable planning as well as working with municipalities to address sea level rise issues. CGA will prepare a code that attracts new development, creates greater safeguards from development that appears too intense or is encroaching into the residential areas, and clarify code language for ease of use. Our experience with innovative ordinances including TOC and TOD amendments, a Hospital Zoning District, Corridor planning and providing assistance in ways to address affordable housing. Other zoning concepts CGA can prepare for the City including encouraging green technology, such as a car charging station ordinance and ordinances addressing alternative energy such as wind or solar power devices. These ordinances can with aesthetic protections, while not hindering sustainable designs. CGA also works with communities that have a thriving business district, located close to residential neighborhoods. This has posed problems with traffic intrusion as well as issues with preservation of the residential district. We understand the balance of corridor planning, economic development and maintaining residential zoning in a cohesive development pattern. This would include the elimination of the Residential/Office district and the accompanying strategies for dealing with any non- conformities. ANNOTATED OUTLINE CGA utilizes annotated outlines as an innovative guide that will be developed and enhanced throughout the preparation of the Land Development Code. In order to update the Land Development Regulations and the Comprehensive Plan, CGA will prepare the annotated outline with a chapter by chapter and element by element description. The outline will provide links to code and Comprehensive Plan sections and matrices that offer side by side comparisons of the changes. City of South Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions 7 . Calvin, Giordano g Associates, Inc. E x C E P T ION A l SOL UTI 0 N sw This comparison chart will provide the user with a quick explanation of the code modifications and act as a user guide for the document. The annotated outline will also highlight any inconsistencies between the Comprehensive Plan and the Land Development Code and recommended changes to remove the inconsistencies. The final annotated outline will include all comments and related revisions from staff, Board Members and Commissioners. Major Milestone Reveiw of ExistingPlartning Docllqttmt . Kick off ni~eting withSfaff 'E~stingCoit~lition~Review Public Participation Develop Web Site Public Workshops Workshop with Elected/Appointed Officials --------- Review Comprehensive ~lan/Lafld Development Corle' .' Annotated Outline Draft Regulations Three revisions inc1ud.ed . Executive Summary FinalAdoption Anticipated Completion ·luhe2016 , JUly 2016 June -July 2016 September 2016 October 2016 Decerriber2016 March 2017 October 2017 April 2018 May2018 . CGA will be present at all workshops and meetings and will present the work products at the public meetings and hearing. DELIVERABLES CGA will provide the following: • The copies of materials for the meetings • Executive Summary • One original unbound copy of the final Comprehensive Plan/Land Development Code revisions and 15 copies in three ring binders and a digital copy. The documents will be OCR searchable. • Two public workshops are suggested, not including the required public hearings. • Draft Comprehensive Plan/Land Development Code to be presented to the Planning Board and Commissioners. City of South Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions 8 Calvin, Giordano g Associates, Inc. E x C E P T ION A l 5 0 l UTI 0 N 5'" LIST OF EXECUTIVE AND PROFESSIONAL PERSONAL ASSIGNED TO THE PROJECT I Workload Availability iiWORKLOAD iJAVAILABILITY STAFF MEMBER AND TEAM EXPERIENCE All team members selected for this project have worked on Comprehensive Plans and Land Development Codes. Richard Cannone will be the project manager. He has extensive experience in the preparation of Land Development Codes as well as Comprehensive Plans. He is also currently updating the Land Development Codes for Key West, Cape Coral and North Palm Beach. He is preparing annotated outlines for all three municipalities as the basis for the update to the code. The following is a table of our experience in Comprehensive Plans and Land Development Codes: Comprehensive EAR & EAR Based Agency Plan Map and/or Water Supply Amendments Text Town Surfside 2013 No Objection 2010 No Objection City of West Park 2013 No Objection 2015 No Objection St. Lucie County .. 2010 No Objection Town of Davie 2015 No Objection City of Cooper City 2015 No Objection City ofWestori 2012 No Objection 2015 No Objection City of Port St. Lucie 2012 No Objection City of Madeira Beach 2010 No Objection ToWn of Loxahatchee 2010 No Objection Groves riktrcw Hallandale 2010 No Objection Land Development Code Adoption 2010 2007 2006 and 2013 City of South Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions 9 Calvin, Giordano ~ Associates, Inc. E x C E P T ION A L SOL UTI 0 N SW D/B/A i Calvin, Gior4ano&A,ss<;lcjates, Inc. 'l(JOO Ell~r Drive, Suite6()(), , f~rtI.au~etdale,FL33316 . ':l'el:,(951l921-?781 FCU{: (954l921~88()7 ·ww\v.cgaS~luti()ris.coin • Date / State Incorporated June 27,1985, Florida Date Authorlzedin Florida Allthorii~din Fiorida19~7as M£. Berry & Associates, Inc. Officers/Directors Dennis J. Giordano, President / CEO* Shelley Eichner, AICp, Senior Vice President* Karl Kennedy, PE, Vice President Tammy Cook, RLA, Vice President Steve Watts, PSM, Vice President Dawn Hopkins, Secretary Chris Giordano, Vice President /Treasurer * Principal with signing authority . Project Manager Richard Cannone, AICP 1800 Eller Drive, Suite 600 Fort Lauderdale, Fl33316 Tel: (954) 921-7781 Fax: (954) 921-8807 Email: rcannone@cgasolutions.com City of South Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions 10 Calvin, Giordano S Associates, Inc. E x C E P T ION A l 5 0 l UTI 0 N 5'" ORGANIZATIONAL CHART The organizational chart for this project is as follows: c c-, ~" ,~ C'!ur Of SOUT~ MIAMI CAbVIIN, GIOttDANO, & ASSQCIA"FHS, INC. The Primary Individual who will provide services to the City with regards to the day-to-day relationship with the City will be the Project Manager, Richard Cannone, AICp, Planning Administrator. Mr. Cannone will be the City's primary point of contact. See the following pages for resumes including licenses and certifcations of all key personnel. All services to be provided by Calvin, Giordano, & Associates, no subcontractors will be used. City of South Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions 11 Calvin, Giordano S Associates, Inc. E x C E P T ION A L SOL UTI 0 N S'" CORPORATE ORGANIZATIONAL CHART The corporate organizational chart for Calvin, Giordano & Associates home office is as follows: Tim Rodriguez Director Eric Czerniejewskl, P.E" ENV SP Director Jesus Cruz Director ------ LANDSCAPE ARCHITECTURE & ENVIRONMENTAL SERVICES ---- --~---, ------ • Tammy Cook-Weedon, ASLA, lEED AP Associate i SURVEYING SERVICES \ i ~ ~ ----------_. -~ ~ ~- Steve Watts, PSM Director I Dennis Giordano President --' • I Shelley Eichner, AICP Gytree Singh Senior Vice President ~-----~-, HUMAN RESOURCES ' Arelis Valero, Ed,D., MHSA Director CFO Sarah Sinatra-Gould, AICP Senior Vice President Don Windham Senior Associate Robin Verse Director Bob McSweeney Director Karl Kennedy, P.E. Curt Keyser. P .E. Jeremy Ferderber, CIAO. CIE, CMR, Director Vice President Director City of South Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions Chris Giordano Director Mohamed Mabrouk, P ,E. Director 12 Calvin, Giordano & Associates, Inc. E x C E P T ION A l SOL UTI 0 N 5'" Shelley Eichner, AICP Senior Vice President SUMMARY OF QUALIFICATIONS Ms. Eichner is a Senior Vice President and a Partner of Calvin, Giordano & Associates and oversees all private sector and public sector planning activities. She has over 30 years of diversified planning and platting experience in securing land development approvals, land use plan amendments and local government planning. Ms. Eichner previously served as Senior Planner for Broward County's Department of Planning and Environmental Protection. She managed and supervised plat applications, created a permit monitoring system, and monitored compliance with all aspects of development approvals. Duties included coordinating the development review agencies in the preparation and adoption of the ordinances amending the Weston Development of Regional Impact. PROJECT EXPERIENCE Growth Management Director and Provision of General Planning Services: City of West Park, City of Weston, Town of Surfside, Town ofLoxahatchee Groves. Responsible for all planning activities, including plat and site plan review as well as the creation and . modification ofland development regulations; establishment of zoning, landscaping, sign codes; and, preparation of a master park plan. Oversaw communication and coordination between city management, elected officials, major developers, and residents. Site Plan Review: Supervised preparation and presentation of site plan reviews and reports under an ongoing cost recovery process. Plans from the cities are distributed to various plan review disciplines and the final reports are presented in a cohesive and consistent manner. Comprehensive Planning: Supervised preparation of comprehensive plans, evaluation and appraisal reports, EAR-based amendments, water supply plan goals, and capital improvements element updates for various local governments. Zoning Codes: City Weston, City of West Park, City of Sunny Isles Beach, Town of Surfside. Responsible for preparation, presentation and adoption of zoning codes. Direction required the coordination of workshops and consensus building among the elected officials, residents and developers in the city. Transit Oriented Development: Sheridan Station-side Village, Hollywood, Florida. Coordinated all planning and engineering services for the site plan application and land use plan amendment for the Sheridan Station-side Village, a mixed-use development integrating an existing Tri-rail station and other transit services. Town Center Zoning Overlay Districts: City of Hollywood, City of Miami Gardens, City of Sunny Isles Beach. Responsible for development of zoning overlay district comprising zoning criteria, architectural, and landscape requirements leading to town center master plan implementation and for special districts. Ongoing Private Development Coordination: Responsible for coordinating all aspects ofland development activities including platting and site planning, rezoning, and obtaining all government approvals and building permits. Specific tasks involve ensuring that engineering, survey, landscape architecture, and construction management personnel are working together to bring a project to completion. . EDUCATION M.P.A., Florida Atlantic University, Boca Raton, FL B.A., Psychology and Management, McGill University, Montreal, Canada PROFESSIONAL REGISTRATION American Institute of Certified Planners No. 116948 PROFESSIONAL ASSOCIATIONS American Planning Association - Past President of Broward Chapter PROFESSIONAL MEMBERSHIPS Broward County Management Efficiency and Study Committee, Member (Appointed by County Commission); Chair of Growth Management Subcommittee, 2004-2006, & 2009-2011 Technical Advisory Group to the Broward County League of Cities, Chair, 2003-2006 Chair Staff Working Group, School Board of Broward County, 2005-Present Broward County Oversight Committee, 2009-Present Broward County League of Cities Scholarship Committee, Chair, 2010 -Present Calvin, Giordano g Associates, Inc. E x C E P T ION A L SOL UTI 0 N S'· Richard D. Cannone, AICP Planning Department Administrator SUMMARY OF QUALIFICATIONS Richard Cannone, a Planning Administrator at Calvin, Giordano & Associates is responsible for the preparation of comprehensive land use plan amendments for public and private clients, as well as assisting the Planning Department with required analyses for EAR- based Amendments and Comprehensive Plans. In addition to comprehensive planning, Mr. Cannone will assist the Department in representing various municipal clients of CGA by reviewing applications, preparing staff reports and attending meetings for current planning activities, including but not limited to development applications such as rezoning, site plan and plat review, special exception, conditional use and amendments to the comprehensive plan. When required, Mr. Cannone will be responsible for project management, scheduling and budgeting for private and public sector clients. PROJECT EXPERIENCE Assistant Project Manager the Related Group, 2013-2014. Facilitate and assist the Vice President in all phases of entitlements, development and construction, including permitting, customer service, sales/marketing, management, association turnover and other problems or issues related to the timely finalization of the project. Negotiate a variety of contract with vendors, as well as agreements, easements and other instruments with local and state governments. Planning Administrator Broward County, 2013. Supervisory and administrative work managing comprehensive planning, land use, special projects, zoning, code enforcement and redevelopment in Broward County. Planning Administrator Calvin, Giordano & Associates, 2011-2013. Responsible for project management, scheduling and budgeting for private and public sector clients, the preparation of comprehensive land use plan amendments and land development regula- tions for public and private clients, as well as assisting the Planning Department with re- quired analyses for Comprehensive Plan Amendments, Comprehensive Plans, Annexation Studies, Neighborhood Plans, Design Guidelines and Zoning/Land Development regula- tions. Currently implementing a variety of land development code amendments based upon strategies identified in the Comprehensive Plan for municipal clients. • Town of Medley Consulting Planner. Responsible for all planning activities including plat and site plan review as well as the creation and modification of land development regulations; updating the Town's zoning codes; and preparation of a solid waste overlay project. Oversees communication and coordination between Town management, elected officials, major developers, and residents. Creation of Certificate of Use Ordinance and BTR Ordinance. • City of Pahokee, Florida. Preparation of site plan reviews and reports for the City of Pahokee under ongoing cost recovery process. Plans from the City are distributed to various plan review disciplines and the final reports are presented in a cohesive and consistent manner. • Preparation of Annexation Studies for the City • City of Hallandale Beach, Florida. RAC and Fashion Row Arts Districts. Update of City Land Development/Zoning Codes and Overlay Districts consistent with the City-wide Master Plan and Regional Activity Center. • Ongoing Private Development Coordination: Responsible for coordinating all aspects ofland development activities including platting and site planning, rezoning, and obtaining all government approvals and building permits. EDUCATION MS Public Management, St. Thomas University, Miami, Florida BS Community and Regional Planning, Iowa State University, Ames, Iowa PROFESSIONAL REGISTRATION American Institute of Certified Planners TRAINING Affordable Housing Finance Real Estate Development Finance Home Inspection Community/Neighborhood Organizing Effective Lobbying Asset and Property Management Conflict Resolution Communicating with difficult people Economic Development Marketing Economic Development Finance NIMS IS 700, IS 800, ICS 100, ICS 200 and Emergency Management Coordination Calvin, Giordano ~ Associates, Inc. E x C E P T ION A L SOL UTI 0 N S" Sarah Sinatra Gould, AICP Director, Planning Department SUMMARY OF QUALIFICATIONS Mrs. Gould has over 12 years of planning experience induding municipal planning director duties such as processing zoning requests, land use plan amendments, site plan reviews, plats rezoning petitions, variances, vacation/abandonments and all other development application reviews. She holds a Master's degree in Urban and Regional Planning from FAU. Mrs. Gould has also written evaluation and appraisal reports, comprehensive plans and zoning and land development codes. She is experienced in writing form-based codes and transit-oriented zoning codes. As the planning department director for Calvin, Giordano & Associates, she acts as the community development director for the City of Weston, and the Town Planner for the Towns of Surfside and Medley. For those entities, she carries out day-to-day planning and zoning activities, presents staff reports and recommendations to the commissions, the planning and zoning boards and provides customer service assistance to residents, developers and business owners. RELEVANT PROJECT EXPERIENCE City of West Park, Planning and Zoning Director. Oversee the day to day functions of the Planning and Zoning Department. Respond to zoning calls from property owners and interested parties. Created the development review process for the City and chair the development review group meetings. Review zoning permits and certificates of use. Complete development reviews induding site plans, plats, variances, special exceptions, land use plan amendments and rezoning applications. Created the necessary applications for these development reviews and prepare all staff memorandums to the City Commission. City of Weston, Director of Development Services. Process development review applications induding site plans, plats, variances, special exceptions, land use plan amendments and rezoning as well as managing the Planning and Zoning Department. Prepare items for the Development Review Committee (DRC) and the City Commission by chairing the DRC meeting, preparing the staff memorandum to the City Commission and presenting the application to the City Commission. Town of Surfside, Town Planner. Respond to zoning calls from the public. Created the development review process for the Town and chair the development review group meetings. Review zoning permits and prepare items for the Design Review Board Meeting. Present site plans and permits to the Design Review Board, which analyze architectural and design standards in completing the review. Complete development reviews induding site plans, plats, variances, special exceptions, land use plan amendments and rezoning applications. Prepare all staff memorandums and present the items to the Planning and Zoning Board and the Town Commission. Town of Cutler Bay, Consulting Planner. Provide development review services to the Town. Review development applications induding site plans, land use plan amendments, variance and rezoning applications. Prepare staff memorandums and present the items to the Town Council. Town of Medley, Town Planner. Process development review applications induding site plans, plats, variances, special exceptions, land use plan amendments and rezoning. Prepare items for the Development Review Committee (DRC) and the Town Council by chairing the DRC meeting, preparing the staff memorandum to the Town Council and presenting the application to the Town Council. 15 Calvin, Giordano & Associates, Inc. E x C E P T ION A l SOL UTI 0 N S'· Robert C. Collins, AICP Planner SUMMARY OF QUALIFICATIONS Mr. Collins is a Principal Planner with extensive experience working in many facets of a public planning department including managing and reviewing current planning projects; land development, permit and zoning review; developing and administering comprehensive plans and amendments; and managing and coordinating multifaceted community revitalization and conservation plans and projects. Experienced in land development, site plan and zoning review; community outreach; citizen interaction, coordination and mediation; and physical improvement project implementation and management. Mr. Collins is a skilled presenter, communicator, and facilitator of public meetings, community participatory workshops and multidisciplinary teams. Mr. Collins is also experienced in landscape architecture. PROJECT EXPERIENCE Contract Municipal Planner Mr. Collins provided a wide variety of planning consulting services to local governments including: • Comprehensive planning and related documents; • Land development regulation and site plan review; • Staff reports and presentations to City Commissions and Boards; • Zoning review for building permits; • Code amendments; • Coordination with City Administration and other City Departments; • Coordination with City Mayor, City Boards, and City Commission; • Special studies and research as requested by City Commission Project Coordinator • Managed a portfolio of over 50 projects; project types included street improvement, traffic management, park enhancement, street lighting, and beautification. The management of these projects included overseeing completion within approved budget limits, community project definitions and County guidelines and standards; and serving as liaison between various County agencies, neighborhood groups and individual citizens during implementation. • Managed funding process for allocating Neighborhood Conservation bond resources among participating neighborhoods; two-year bond totaled $3.8 Million for FY 99- 00. • Assisted neighborhood groups in preparation of comprehensive community-based plans and coordinated interagency and planning commission review of plans and County Board acceptance of plans. Provided professional staff support for the Neighborhood Conservation Advisory Committee (NCAC), the volunteer citizen group that oversees the program. • Developed and continually updated a physical improvement project database that tracked the progress and status of over 300 approved neighborhood conservation projects and tracked projects under development for funding. As part of the Neighborhood Conservation team, reorganized and rejuvenated the Neighborhood Conservation Program following a County Board mandate to further advance the existing 35-year program. ~~~ Calvin, Giordano & Associates, Inc. ,~ E X C E P T ION A L $ 0 LilT ION $'" Eric Czerniejewski, P.E., ENV SP Director of Traffic Engineering SUMMARY OF QUALIFICATIONS Eric Czerniejewski, P.E., is the Director of Traffic Engineering for CGA with 18 years of experience in transportation infrastructure design, traffic engineering and transportation planning. He has experience in transportation projects that include preparation of traffic studies including corridor studies, traffic impact studies, mobility studies and parking utilization and reduction studies. He is also specialized in signalization design, roadway design, managing, designing and permitting select transportation infrastructure engineering projects; planning, developing and coordinating civil engineering design documents; and coordinating construction engineering and inspection. Some of his relevant mobility plan experience includes development of citywide mobility plan for the City of Fort Lauderdale, preparation of the campus master mobility plans for Florida International University and Florida Atlantic University campuses as well as Memorial Health Care Joe DiMaggio Hospital campus. He is certified to prepare traffic control plans and process LAP projects by FDOT. PROJECT EXPERIENCE Palm Avenue and 53rd Street Diversion Study-Consultant as part of a Continuing Traffic Engineering Services Contract completed a traffic diversion study associated with the closing/opening of the median at the intersection of Palm Avenue and SW 53 rd Street. The purpose of the study was to evaluate the effects of opening or closing this median on the surrounding roadway network based on two (2) different performance measures: Volume and 85 th Percentile Speed. The intersection of Palm Avenue and SW 53 rd Street is an un-signalized T -intersection with a dedicated left-turn lane on the northbound approach and a dedicated U-Turn lane on the southbound approach of the intersection. Palm Avenue is a four-lane divided urban arterial with a posted speed limit of 40 MPH and bicycle lanes in both directions. The results of the evaluation showed that with the median open at the intersection Palm Avenue/SW 100th Avenue and SW 53 rd Street, the overall surrounding roadway network experienced lower speeds and less cut-through traffic thus it was recommended that the median at the intersection of Palm Avenue/SW 100th Avenue and SW 53 rd Street remain open. Town of Surfside Townwide Traffic Calming Study-Consultant as part of Continuing Traffic Engineering Services Contract completed a town-wide traffic analysis to determine appropriate neighborhood traffic mitigation measures. The analysis included conversion of two-way stop control intersections to four-way stop control, installation of speed tables and the conversion of two-way roadway segments to one- way operation. The analysis included the development of a comprehensive traffic flow model to determine the impacts of proposed traffic calming measures. Consultant also provided extensive public outreach and coordination between citizen groups and Town staff. Downtown Boca Raton Traffic Study-Consultant prepared traffic study for the traffic analysis of the intersection of Palmetto Park Road and NE/SE 5th Avenue which examined the safety and the operation of the intersection of Palmetto Park Road and NE/SE 5th Avenue and seven other surrounding intersections and enumerated at least three viable improvement concept plans. The alternative analysis included quantitative and qualitative elements such as Safety, Context Sensitivity, Capacity, Benefit Cost and . EDUCAtioN Bachelor of Science (BS), Civil Engineering, SOUTHERN ILLINOIS UNIVERSITY AT EDWARDSVILLE, Edwardsville, Illinois CERTIFICATIONS & LICENSES Professional Engineer License (#58002) ENVISION Sustainability Professional Certification Advanced Maintenance of Traffic Certification (FOOT) PROFESSIONAL AFFILIATIONS ASCE Region 5 Governor ASCE Broward Past President ASCE National Public Policy Committee AWARDS ASCE Government Engineer of the Year (2013) ASCE Engineer of the Year (2011) ASCE Young Engineer of the Year (2006) Calvin, Giordano & Associates, Inc. E x C E P T ION A l $ 0 l UTI 0 N $" Eric Czerniejewski, Page 2 Fatal Flaw analysis as well as the evaluation of bridge preemption and signal coordination with the subject intersection. The traffic study also evaluated neighborhood cut through traffic and possible traffic calming improvements that would mitigate the traffic intrusion. Florida Atlantic University Campus Wide Traffic Calming Study -Consultant completed a campus wide traffic study which included an evaluation of existing traffic calming devices on the main campus of FAU located in Boca Raton, Florida. Florida Atlantic University (FAU) was concerned with speeding traffic through their campus and was in need of implementation of traffic calming measures to deter campus speeding. There is a large amount of pedestrian activity on campus and it was vital that vehicular traffic travel at safe and cautious speeds. Consultant presented new recommendations for the layout of speed humps, speed tables, raised crosswalks, and signage to best facilitate the growing student population of the Campus. The recommendations included the implementation of hybrid devices, such as a combination of raised crosswalk/speed table to best maintain flow of traffic through the roadway network. . Memorial Regional Hospital Supplemental Traffic Review-Consultant provided independent review of the 2007 traffic impact analysis for the expansion of the Memorial Regional Hospital/Joe DiMaggio Children's· Hospital. This review determined the traffic impacts created by the proposed hospital expansion at nine additional intersections as well as determined if the proposed transportation improvement plan best accommodated the future traffic impacts created by the proposed hospital expansion. Services provided included: research of existing conditions and coordination with key stakeholders, traffic data collection at nine intersections, traffic analysis of four scenarios for the year 2017 future conditions, supplemental traffic improvement plan and summary report, and meeting attendance. Findings included alternative recommendations for the mitigation improvements at certain intersections within the project study area which included a predominately residential neighborhood community and elementary school. City of Weston City Traffic Engineer Services-Consultant serves as Engineer of Record for traffic engineering task work orders as part of a Traffic Engineering Continuing Services Contract. Consultant provided a variety of traffic and transportation engineering services including intersectIon analysis, signalization analysis and design, roundabout analysis and design, roadway level of service analysis, public school traffic operational analysis, city-wide traffic modeling, city-wide traffic count database maintenance, corridor signal timing progression analysis, traffic calming and neighborhood traffic mitigation, responded to citizen inquiries and coordinated the interests of the City with Broward County Traffic Engineering Division, FDOT District IV and other key stakeholder government agencies. Task work orders included a Citywide Bicycle Master Plan and Citywide Traffic Calming Study. 18 Sandra Lee, AICP, CEP, LEED AP BC+D, CFM Director, Environmental Ms. Lee has 20 years of professional experience and directs CGA's Environmental Department coordinating our regulatory permitting, environmental planning, site assessment, resource management and environmental technical support services. Before joining CGA, Ms. Lee was a Biologist with the Growth Management Division of Monroe County. During the three years that CGA provided planning and zoning services for the newly incorporated City of Marathon, she lived full-time in the Florida Keys and was responsible initially for all the environmental planning for the City of Marathon and subsequently for a full range of planning services for the City. Prior to relocating to Fort Lauderdale, Ms. Lee was a resident of the Florida Keys for 10 years where she became very familiar with the environmental sensitivities regarding the flora, fauna, land and special government programs governing and protecting the 160-mile string of coral islands making up the Keys, a designated area of critical State concern. ENVIRONMENTAL RESOURCE PERMITTING EXPERIENCE Archdiocese of Miami Blessed John XXIII Religious Facility, Miramar, Florida. Responsible for environmental permitting, which included the site assessments, wetland assessments and obtaining a U.S. CaE, a Broward County and two South Florida Water Management District permits; one for the development site and one for a newly constructed off-site mitigation area. Nearly the entirety of the development site was wetland and was comprised of multiple habitat types and qualities. The Archdiocese had previously obtained environmental resource permits for this project and purchased mitigation previously constructed under a prior project. However, the Archdiocese had let all permits expire and needed to again go through the entire permitting process, under new regulatory criteria. Permitting required extensive negotiation to allow previously purchased mitigation credit from a private development site to continue to apply to this project. Additional off-site mitigation was also required. Also designed the newly constructed off-site mitigation area, conducted the mitigation construction oversight and long term compliance monitoring, and the conducted maintenance oversight for the off-site mitigation area. Pembroke Lakes Square/Miramar Pinelands Natural Area, Miramar, Florida. Responsible for coordinating and finalizing the permitting through the U.S. CaE, Broward County and the SFWMD with mitigation plan components from mUltiple firms for the construction of a commercial complex in Pembroke Pines on a 26+ acre site that was entirely wetlands. Mitigation was constructed in Miramar on the County-owned Miramar Pinelands Natural Area that was purchased with State funding. The project required a tri-party agreement with County Commission approval for mitigation construction on County park land. The project also required obtaining a permit modification for additional adjacent wetlands purchased and added to the development site; coordinated the purchase of mitigation bank credits for the additional land. Dania Basin 5 Drainage Improvements, Dania Beach, Florida. Designed and permitted a unique bio-swale stormwater improvement system to benefit both the developed and adjacent natural habitats. Conducted all site and wetland functional assessments for permitting and processed permits through the U.S. CaE, the South Florida Water Management District and Browi3.rd County; permitting required extensive negotiation with various Divisions of Broward County for use of County land that is designated wilderness area, mangrove habitat, and serves as a buffer to West Lake Park. 19 Calvin, Giordano & Associates, Inc. E x C E P T ION A L SOL UTI 0 N SN Patrick A. Figurella, PE Director of Engineering, Project Manager SUMMARY OF QUALIFICATIONS Mr. Figurella is a project engineer with more than 23 years of experience in project management of roadway design/reconstruction, utility/drainage infrastructure, municipal review, comprehensive planning and civil site design work induding geometric design and permitting. Mr. Figurella is proficient in the use of the latest versions of AutoCAD Civil 3D. Mr. Figurella was the President of the ASCE Palm Beach Branch in 2003-2004, ASCE Palm Beach Branch Young Engineer of the Year in 2004, and FES Palm Beach Chapter Young Engineer of the Year in 2004. PROJECT EXPERIENCE Pioneer Road Phase 1/11 Septic Replacement, Mangonia Park, Florida. Assisted in grant funding process, designed and performed construction observation of new sewer mains with one new lift station along 3 streets in the Town of Mangonia Park. Year completed: professional services 2014; construction 2014. Bay Harbor Islands Community Enhancement Project Phase II, Bay Harbor Islands, Florida. Designed and permitted the roadway and utility improvements for 2.3 miles of roadways on the west island of the Town. Improvements induded new curbs, pavement, grading and waterlines. Year completed: professional services 2010, construction 2010. City of Riviera Beach CRA Marine District South, Riviera Beach, Florida. Designed and permitted a 14-acre Marina District improvements project with the demolition of the entire site and replacement with a new Marina Events Center, two acres of pervious pavements, 3000 linear feet of exfiltration trenches, revised Bicentennial Park, the construction of five site roadways, new water and sewer mains, and the filling of the site to accommodate the future changes in the FEMA-base flood elevation. Year completed: professional services ongoing; construction ongoing. AlA Bike Lanes, Jupiter, Florida. Designing and permitting the expansion of turn lanes, the addition of bike lanes, pervious concrete sidewalks, on-street parking, the replacement of a 10" Water main and the burial of overhead utilities on a % mile segment of a two lane 'roadway. Year completed: professional services, ongoing, construction N/A. Mangonia Park Utility Engineering, Mangonia Park, Florida. Provided water and sewer utility engineering services to the Town including construction observation, site plan review, grant writing assistance, construction plan preparation, council meeting attendance and technical expertise. Year completed: professional services ongoing, construction ongoing. Marlin Bay Yacht Club, Marathon, Florida. Designed and permitted the paving, grading, drainage, gravity and vacuum sewer and potable water elements of the eighty building residential condominium project. The project was located on an extremely tight eight acre parcel. The project featured utility service to the extensive boat docking facilities including potable water, vacuum sewer and fire protection. Year completed: professional services 2008, construction ongoing. Lakeshore Drive Improvements, Lake Park, Florida. Designing and permitting the reconstruction of a Vz mile two lane facility, raising the roadway and sidewalks to relieve high tide flooding issues, adding bike lanes and replacing an asbestos water main and aging sewer lines. Year completed: professional services, 2013, construction, N/ A. College Avenue Improvements Phase I, Davie, Florida. Designed and permitted the replacement of a Vz mile three lane roadway with a 4 lane divided roadway with drainage EDUCATION B.S., Mechanical Engineering University of Florida, Gainesville PROFESSIONAL REGISTRATION Professional Engineer State of Florida No. 54795 CERTIFICATIONS Florida Stormwater, Erosion, and Sedimentation Control Inspector FEMA Intorduction to the Incidental Command System, ICS 100 PROFESSIONAL AFFILIATIONS American Society of Civil Engineers: 2004-2005 Past-President for Palm Beach Branch Florida Engineering Society: 2002-2003 "Young Engineer of the Year" for Palm Beach Chapter PUBLIC SERVICE Village of Royal Palm Beach Code Enforcement Board 1998-2004 Palm Beach County 5-Year Road Program Oversight & Advisory Council 2002-2003 COMPUTER SKILLS Microsoft Office AutoCAD Civil 3D Cascade Calvin, Giordano & Associates, Inc. E x C E P T ION A L SOL UTI 0 N SW Patrick A. Figurella, Page 2 improvements and sidewalks on both sides of the roadway in an extremely challenging utility corridor. Year Completed: professional services 2012, construction 2012. College Avenue Improvements Phase II, Davie, Florida. Designing and permitting the replacement of a liz mile two lane roadway with a 4 lane divided roadway with drainage improvements and sidewalks on both sides of the roadway in an extremely challenging utility corridor. Year Completed: professional services ongoing, construction NjA. Bay Harbor Islands Community Enhancement Project Phase III, Bay Harbor Islands, Florida. Designed and permitted the roadway and utility improvements for 4.2 miles of roadways on the east island of the Town. Improvements included new curbs, pavement, grading and waterlines. Year completed: professional services 2012, construction 2012. NW 1131st Street Improvements, North Miami, Florida. Designed the roadway and drainage improvements of a 1 mile roadway. Improvements included a roundabout, bike lanes, on-street parking and the preservation of numerous existing landscaping on North Miami's north bicycle corridor. Year completed: professional services 2012, construction 2012. Holmberg Road Bicycle Lanes, Parkland, Florida. Designed and permitted the addition of bicycle lanes and sidewalks with the addition of fire hydrants for a 1.25 mile roadway. Year completed: professional services, 2010, construction, 2011. Park Avenue Street-scape Improvements, Lake Park, Florida. Designed and permitted the reconstruction of a % mile 4 lane undivided roadway into a 2 lane divided roadway with decorative street lighting and landscaping as well as drainage, utility and sidewalk improvements. Year Completed: professional services 2010, construction NjA. AlA Bike Lanes, Jupiter, Florida. Designed and permitted the expansion of turn lanes, the addition of bicycle lanes and sidewalks with the replacement of a 10" asbestos cement water main for a liz mile two lane undivided facility. Year completed: professional services 2006, construction 2007. . SR 710 Utility Relocation, Riviera Beach, Florida. Designed the water and sewer relocations in support ofFDOT's roadway project. Project included 6,000 LF of 12" W.M., a 1,000 LF directional bore of a 30" RW.M., a 300 LF offset of the 30" RW.M. in another location and other minor relocations. Year completed: professional services 2007, construction 2009. Cannonsport Marina, Palm Beach Shores, Florida. Designed and permitted the paving, grading, drainage, gravity sewer and potable water elements of the five building condominium including utility service to the boat docking piers. Year completed: professional services 2006, construction 2008. Comprehensive Planning, Various Agencies, Florida. Prepared Comprehensive Plans, Amendments to Comprehensive Plans Evaluation and Appraisal Reports (EARs), or Water Supply Plans related to Potable Water, Sanitary Sewer, Drainage, Solid Waste, and Natural Groundwater Aquifer Recharge elements for the following agencies: • Town of Loxahatchee Groves First Comprehensive Plan • City of Pahokee 10-Year Water Supply Plan • City of Fort pierce Comprehensive Plan Rewrite • St. Lucie County EAR • St. Lucie County EAR Based Comprehensive Plan Amendments • Martin County EAR • City of Port St. Lucie EAR Based Comprehensive Plan Amendments 21 Calvin, Giordano g Associates, Inc. E x C E P T ION A l SOL UTI 0 N 5'" Gianno Antonio Feoli Director of Urban Design & Planning SUMMARY OF QUALIFICATIONS Mr. Feoli leads the Landscape Department in creative design strategies for urban environments with specialties including urban design, contextual analysis and branding. He will constribute his experience in providing CGA's master planning, transit-oriented designs, community participation efforts and graphic communication services. His experience has encompassed a wide array of project-types, and his strengths lie in park design, streets capes and urban interventions, and form-based urban designs and planning strategies. RELEVANT PROJECT EXPERIENCE Middle Beach Recreational Corridor, Miami Beach, FL Assistant Project Manager, Lead Designer, Public Outreach Facilitator Client: City of Miami Beach: Responsible for coordinating all engineering and environmental efforts associated this 2-mile long linear multi-use trail project on State- owned lands, as well as responsible for all planting and hardscape design and public outreach. Mr. Feoli conducted one-on-one meetings with over 39 condominium properties to gather support for the project, responed to residents concerns, and addressed design restrictions set forth in the Florida Administrative Code and balance those against resident's expectations. Mr. Feoli is also responsible for coordinating all State and local agency permitting processes and negotiating with the FDEP dimensional restrictions on the beach walk's width to meet the directives of the City Commissioners. Oakland Park Station, Oakland Park, FL Project Manager, Lead Designer Client: City of Oakland Park: Responsible for all conceptual design, site, design and construction design 'detailing of a public plaza at the terminus of the City's culinary district. The design effectively created flexible public environment that could be used as event spaces and could accommodate the needs of City in continuing its adopted branding through the use of elements, furnishings, paver palettes and lighting. The project's challenging shallow dimensions required innovative solutions to address ADA access to adjacent buildings finished floors while maximizing opportunities for the use of space, addressed through the creation of stage settings that served as landings while providing the project with much needed opportunities to create users' public real engagement and interactions. 98th Street Park, Bay Harbor Islands, FL Project Manager, Lead Designer Client: Town of Bay Harbor Islands: Responsible for all public outreach, site design, construction detailing, material and planting design of a neighborhood passive park. The park includes a small dog park area, flexible open space, children's play areas, an interactive water feature and a restroom facility. Mr Feoli was responsible for all design components of the park project, including guiding and coordinating the design of the restroom facility and all necessary public outreach through both the Parks and Recreation Committee and the Town Council. Calvin, Giordano g Associates, Inc. E x C E P T ION A l SOL UTI 0 N 5'" Timothy Rodriguez Director of Data Technologies & Development SUMMARY OF QUALIFICATIONS Mr. Rodriguez has more than 16 years of experience in the field of technology with 8 of these years focused on GIS technology and its applications. Mr. Rodriguez manages the developmental procedures for all projects within the Data Technologies and Development Department at CGA. His responsibilities fall within the disciplines of GIS, Application Development, INKforce.net, and web development. He also manages all Information Technology related projects at a corporate-wide level in addition to client related IT implementations. He provided overall Project Management for GIS projects involving data development, data conversion and data collection for Monroe County and the City of Miramar, Lauderhill, Weston, Lauderdale Lakes and Greenacres. He is responsible for the implementation of full-scale GIS for the Florida cities of Weston, Sunny Isles Beach, and the South Broward Drainage District. • Director / Calvin, Giordano & Associates, Inc. Fort Lauderdale, Florida. Involved in ongoing management of daily IT activities within CGA. Duties include full responsibility and accountability of all hardware and software implementations and integrations into the existing production environment. Responsible for planning new migrations of existing network environments (hardware and software) and managing all deployments. Accountable for all IT purchases and responsible for all recommendations on system upgrades. Oversees IT staff on all corporate and client based objectives . • Project Director / Information Technology Services, Town of Surfside. Florida. Coordinates all IT functions for the Town of Surfside. Prepares budgets, specs, budgets and strategic plan in an effort to meet all goals and objectives requested by the Town. Coordinates with all departments to ensure IT objectives are being met. Presents all IT related items to the Commission including budgets, usability, functions and ROI. GIS (Geographic Information Systems) • Project Lead / City of Miramar Utilities Conversion -Project Lead for development of GIS pavement data into GIS. All paved roadways were digitized from aerials imagery All datasets were used in the City's pavement inventory asset management system. The project also included the creation of all easements, platted boundaries, utilities conversion for the pilot area, and web-based GIS enabled Document Management System to retrieve as-built drawings. Responsible for completing project on time and within budget. EDUCATION Master of Business Administration Florida International University, 2012 Bachelor of Science in Management Information Systems, Florida International University, 2007 PROFESSIONAL ACHIEVEMENTS Vice President of Mira mal; Pembroke Pines Chamber ofCol11merce Leadership Group XXII 2009 Addressed Governor Crist on behalf of Young Professionals during the Governors breakfast (Broward Days 2009) Active Member of the GCUG (Gold Coast User Group) for Microsoft Developers and Professionals Active Member of PASS (Professional Association for SQL Server Technologies) Calvin, Giordano g. Associates, Inc. E x C E P T ION A l SOL UTI 0 N 5'" Michael J. OropeZa Geographic Information System Specialist SUMMARY OF QUALIFICATIONS Michael Oropeza, a GIS Specialist at Calvin, Giordano & Associates assists the Department in representing various municipal clients of CGA in Miami-Dade, Broward and Palm Beach Counties by providing detailed services such as: • Spatial Planning • Geodatabase Design and Maintenance, • GIS accessibility and portability Apps • Cadastral Data Conversions • GPS surveying/collection & Aerial overlays • Developing Custom GIS Web applications • Detailed GIS Analysis on multiple joined databases • Detailed Thematic Map projection on Special projects. When required, Mr. Oropeza will be responsible for GIS organization, scheduling, and personal customer services for private and public sector clients. PROJECT EXPERIENCE Town of Lake Park, Florida. GIS Specialist role includes updating Land Use and Zoning Geodatabase with ongoing changes and specs. Provide timely updates and exports in Digital Pdf 'print ready' format to Community Development Department. City of Green Acres, Florida. GIS Specialist role includes update and maintenance of the City's Land Use and Zoning Web Application. This includes SDE/SQL updates on a dedicated Web server. Ongoing data and query tools update allows easy access to pertinent Land Use and Zoning selections. Primary search includes: Folio, Site address, Owners Name or visual selection. Secondary Identifiers include: Zoning and Land Use code designations, ordinance numbers, and more. PAST ROLES AND ACHIEVEMENTS INCLUDE: Established GIS Plan of Action to develop Main Layers of the City of Miramar; Purchased dedicated GIS Server 01 and dedicated GIS Web Server: Inetsrv08; Coordination of GIS meetings and GIS server access levels with key personnel of each Department interested in GIS Utilization; Set Data Standards for Engineering, Utilities, and Public Works CAD and GIS files. Organized agreement plan of action for updating Master GIS Layers with emphasis placed on Plats, Parcels, Right-of-Ways, Centerline, potable water, sewer, re- use, drainage, streetlights, pavement, garbage, sidewalks, meters /mxu's and master address database. Utilized a comparison/correction process of field GPS or Aerial collection of features to correct discrepancies in As-builts. Established GIS User group and newsletter briefing. Speaker at GIS-Expo, Tri-County area. Established ongoing conversion process to convert new raw data into GIS SQL/SDE layers. Created Thematic Maps for City Commission and various Departments / Divisions. Provided Spatial/GIS support data for City's re-certification programs through NFIP-CRS, NPDES, D.E.P.,D.N.R.P, GasB-34,I.S.0. Fire Rating, and 10 year Comprehensive Plan. 24 Calvin, Giordano g Associates, Inc. EXCEPTIONAL SOL UTI 0 N 5'" SHELLEY EICHNER HAS QUAUfJE.D AS A MEMBER AMERICAN IN5TTIUTEOF CERTIFIED rLANNERS JULY 1998 471, Florida Statutes P.B.Lie. No: 54795 ~;Lj .1!~;.;:16!J 5IIDJ[';;; r::'n: I~iI'.~,; ~5DI:';J ".-----~--:-., The American Institute of Certified Planners The Profl'liSionullnstit1llll uf the American Plruming /Usocintioll hereby qualificii Robert Collins as a member with ull Lhe bcncfit~o; of a Certified PlnnneT' and respulltiwility to the AlCP Code or Ethics and Professional Conduct. CcrtiIicd Planner Numhtlr: 022119 Febnmry 20, 2008 ~I!.IfS1fA~ ~lliwf:'r.wA:~'m:, c.QJ]F1CA:11OHBI1IJdl1lIW.~ The American Institute of Certified Planners The l)rofcssiono.l Institute of the American Planni.ng Association hereby qualifies Sarah Sinatra as a member with all the henefits of a Certified Planner and responsibility to the AICP Code of Ethics and Professional Conduct, Ccrtific:d PIWlller Number: 021533 Jnnc 29, 2007 CityofSouth Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions 25 Calvin, Giordano S Associates, Inc. EXCEPTIONAL 5 0 l UTI 0 N 5'" . ..1.: . .1-.1 .J£l..J .JiJ ;,j ':t:l.J [;~a(H The Aluerican InstHllt~, of Certified Planners Tim PrOrl'~'\"lonflllll"ljtllll1l,r .1 .. · Ailicrieuul'lmllliug Associutiou 11f~rdIY fllUilifir.s .Sandra Lee HS .1 111(~lJIbc.l' with nU 1I1t~ IlIJuefits uf u Ccrlified PlnnnCl' and responsibility to the AICP Corle of Ethics nnd Pl'OfcssiulIHI Conduct. Cl)l'lificd I'leullu,,· NlllUhcl": 0 111(.27 July L :!f1o!t State of Florida Department of State I cerlify from the records of this omce thai CAI.VIN, GIORDANO & ASSOCIATES, INC. is a corporation organized under the laws of the Sialo of Florida. filed on June 27,1985. Tho document numbcrofthiscorpomlion is M17373. J further certify that snid corpomtion lIDS paid nil fees due this office throngh December 31, 2016, thai its most (Ccent annual rcportlunifonn business report was filed on Janumy 4. 2016, and dlat ils status is aelivc. I further certify that said corporntion has not filed Articles of Dissolution. (;/I't!n IIndl!r III)' hand und the Grt!at Stal oftlte Statf! ofFI(1rifla at Ttllluhfl.fl·f:C. tll~ Cupifill. thl.' IIIf! Filllrill ,Itly vf JIIRlmr:f. 1016 I&,.. Q~ Secretary of State ngSumi>er.CClI161!1!1H5.1.1 TOllUlhcnll~llIClhbccrtln"'lo:.\i.lllh"rllIlQ"lnglll .. .cnl .. rlh"" .. mbcr'llnlflhcn ruIIDwlbclnllnn;1111nslfllpln)ril. hll".:JI""nk....,...nhl<. .. rWF1l1n~Ccrlm .... I"OlShuuI/C"rtllic::lIMull"'nllulion liichard Can r:ione, .!~!,ICP ,!!.1 I"on! '.1" ',OIL J:. :: " d.i.·.li:· ,,: J I 'Jj!".' Pl. ".1, I,' ." ,1' I" ;j, I II ~": t ~_ t, I :'1 1 '.'. I! 1 !' !,.", .. ,1! I, '" ~ t! I, _'.' \1"':;' ". 1 ·c.-'Ie, .. ,:1 M'INSI11'Ull:.WR SUSTAINA(lJ,E :-.....cirll~ INFRASTRUCTURE I S I presetltstbe ... ~i~::jl?L~ --- r.-,-' - Envision m Sustainability Professional Credential ,. Eric S Czerniejewsld P~fnted on; Decemb~r31. 10IJ City of South Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions 26 Calvin, Giordano g Associates, Inc. E x C E P T ION A l SOL UTI 0 N S'" REFERENCES RELEVANT PROJECT PROJECT DESCRIPTION ----::::---=:-c::---::-::--:----.--------, Calvin, Giordano & Associates prepared an Evaluation and Appraisal Report St. Lucie County Port St. Lucie, FL City of Cape Coral Cape Coral, FL General Planning Services Weston,FL (EAR) of the City of Port St. Lucie's Comprehensive Plan. The assessment process allowed CGA, with assistance from City staff and the community, to identify and propose changes to their Comprehensive Plan to address chang- ing conditions and projected growth within the City. The EAR-based amendments addressed the City's most pressing problems and opportunities: • Future Land Use • Economic Development • Housing • Conservation and Coastal Management • Recreation and Open Space • Transportation • Infrastructure • Intergovernmental Coordination Contact: Daniel Holbrook, 121 SW Port St Lucie Blvd, Port St Lucie, FL 34984, Tel. (772) 871-5212 ,:CGAwas hired to complete a comprehensive rewrite of the City's Land Use De- • velopmentRegulations. The focus of the rewrite is to protect the character and . ·intergrity of sirigie·family neighborhoods, streamline permitting and create. a : qualitym:banenvironment. While at the same time the new code will ensure ). hlgh~qlialitypublic spaces defined by a variety of building types and uses in- . chIding llollsing, retail, office and industrial space. Where appropriate, the new code Willincorporatea regulating plan, building form standards; streets stan- .da'rds (plan and section), use regulations, descriptive building or lot types, and other elements needed to implement the principles of functional and vital ur- . banism and practical management of growth. Contact: VincentA Cau~ero,AICp, 1015 Cultural Park Blvd, Cape Coral, FL 33990, Tel. (239) 574-0600 CGA has provided professional planning services to the City of Weston since its incorporation in 1996. Services include site plan review, variances, conditional use standards, design guidelines, land development regulations and adminis- trative materials related to planning for the City of Weston, CGA personnel are on call to provide the public with day-to-day zoning assis- tance as well as presentations to the City Commission. Planning functions in- clude intergovernmental coordination with County and neighboring cities on key land use issues. Contact: Denise Barrett, Director of Communications, 17200 Royal Palm Blvd, Weston, Florida 33326, Tel. (954) 385-2000, dbarrett@westonfl.org City of South Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions 27 Calvin. Giordano g Associates, Inc. E x C E P T ION A l SOL UTI 0 N S'" General Planning and Zoning Services; CGA staff has been designated as the Town Planners. In this role, CGA staff reviews all site plans and performs zoning ,";-"=+J4.;>:.;rf"i~11 • permit reviews for all building permits. Staff interacts with the public and Town staff on a daily basis and performs fall day to day planning and zoning activities • required by the Town. Zoning Code and Land Development Code Update; CGA is in the process of preparing revisions to the Zoning Code and Land Develop- " mentCode toforster improved aesthetics, redevelopment and economic devel- opment. The revisions will include creation of standards for Planned Industrial , Districts, standards for buffering residential districts, landscaping and signage. The Update will include revising the Town's codes to address amendments to the Town's Comprehensive Plan. EAR~based Comprehensive Plan Amend- , ments; CGA responded to the Objections, Recommendations and Comments ': ' (ORC) Report for the Town of Medley's EAR"based Amendijlents. Ourcompre- • hensiveplanning team successfully took action on DCA concemsincludillg en- vironmentalissues related to solid waste facilities located fntheTown, }jB697 i i greellhouse reduction strategies, and water supply planning. Th~ EAR-based , "Amendme,nts' were found in compliance by DCA in April 2009. Anilexation: Study; CGA prepared the Medley Annexation Study according to the require- , Dlc,nt;sof Chapter 20, Article I, Section 20-3 of the Miami-Dade County Code to <~ocUment the keytharacteristlcs and impacts of the proposedannexati~n by the Town ofMedleY;The proposed annexation areas will provide future land for I the long-term growth of Mediey, 'significant jobcre~tion, and increase the tax : ,'hase of the Town and Miaffii-Dade County , Medley Plap,nirig'.a~d Zoning-' ,Contact:1orge Corzo, PE, CFM, Town Engineer, 7771 NW 72rid Ave, FL 33166, Tel. ',MedJ,ey,Ff, • 305"887~9541 Ext 143 ' Land Development Planning Services -Town of Surfside, FL CGA prepared Surfside's state-required Evaluation and Appraisal Report (EAR) reviewing the Comprehensive Plan for needed statutory updates and prepared recommendations for inclusion of current community goals. As a followup, CGA also prepared the Town's EAR based Amendments. The project included revised Comprehensive Plan Data Inventory and Analysis including current transporation data, popUlation projections, and housing analysis. The revised Goals, Objectives, and Policies reflected Surfside's interest in incorporating many of the concepts advanced in the November 2006 Townwide Charrette. Additionally, consideration was made to assure the Comprehensive Plan ad- dressed improved transportation along Collins and Harding Avenue. Contact: Guillermo Olmedillo, Town Manager, 9293 Harding Avenue, Surfside, FL 33154, Tel. (305) 861-4863, golmedillo@townofsurfsidefl.gov City of South Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions 28 Calvin, Giordano g Associates, Inc. E x C E P T ION A l SOL UTI 0 N 5'" Richard Cannone, AICP City of Cape Coral, Florida. Project Manager for the Project Manager update of the City's Land Use Development Regulations. Years of Experience: 20 years The approach shall be a proposed form-based code, Degree: St. Thomas University, MS where appropriate, or a hybrid of the Euclidian based Public Management and Iowa State code and a form based code. The City is most interested University, BS Commul)ity and Region-in protecting the character and integrity of single family al Planning neighborhoods, streamlining permitting, and creating a Licenses/Registrations: AICP No. quality urban environment. 026296, NIMS IS 700, IS 800, ICS 100, ICS 200 Village of North Palm Beach, Florida. Project Manager Mr. Cannone has over 20 years' experience in for the creation o~ a Unified Land. Development Co~e the field of planning and development and has (ULD,eJ for ~he VIllage. The crea~on ?f the ULDC IS served in a variety of leadership roles for Industrial the firs~ maJ?r overha~l .of the VIl~age. s development Development Corporations, Non-Profit Community regulatIOns SInce the ongInal adoptIOn In 1970. Development Corporations, and Municipalities as well as a Consultant for a variety of complex planning and Town of Palm Beach, Florida. Project Manager for development projects. He has a proven track r~cord the Town's Evaluation and Appraisal report (EAR) in project management with a working knowledge of and update to the Comprehensive Plan to enhance private development, public finance, transportation, the quality of life for residents and businesses, while land use and zoning, urban design, code enforcement, maintaining the existing character of the Island as a community policing and business regulations. premier residential community of exceptional beauty. For CGA clients, Mr. Cannone, is responsible for the Ongoing Private Development Coordination: preparationofcomprehensivelanduseplanamendments Responsible for coordinating all aspects of land for public and private clients, as well as assisting the development activities including platting and site Planning Department with required analyses for EAR-planning, rezoning, and obtaining all government based Amendments and Comprehensive Plans. In approvals, entitlements and building permits. addition to comprehensive planning, Mr. Cannone assists the Department in representing various municipal clients of eGA by reviewing applications, preparing staff reports and attending meetings for current planning activities, including but not limited to development applications such as rezoning, site plan and plat review, special exception, conditional use and amendments to the comprehensive plan. When required, Mr. Cannone is responsible for project management, scheduling and budgeting for private and public sector clients. PROJECT EXPERIENCE City of Key West, Florida. Project Manager for the complete rewrite of the City's Land Development Regulations. Key areas of focus for the project include the incorporation of new standards, programs, and processes related to Complete Streets, Parking, Transportation Demand Management, Affordable Workforce Housing, Signage, Landscape, Urban Design, Green Building, Adaptation Planning and Disaster Planning. City of South Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions 29 Calvin, Giordano g Associates, Inc. E x C E P T ION A l 5 0 l UTI 0 N 5'" CASE STUDIES Town of Surfside -The Town of Surfside noticed high interest in redevelopment of the corridor between Collins and Harding Avenues. In an effort to stay ahead of the new construction, there was interest to prepare criteria to help guide future development into the desired development pattern. CGA prepared an analysis and zoning criteria which included the following: • Preparation of new zoning criteria and comparison of existing conditions • A review of green book traffic engineering standards as well as Miami-Dade County and FDOT as it relates to mid-block accessibility, walkways, pedestrian activity • Impacts to existing buildings and strategies for potential non-conformities such as if there is a modification to an existing building, under what circumstances would the entire development need to be brought up to the proposed code. • Consistency of new criteria with comprehensive plan. • Consistency of new criteria with other sections of the zoning code such as off-street parking, signs, accessory structures, conditional uses, landscaping. • Requirements for open space in terms of landscaping, public space. • Coordination with legal in terms of vested rights, reduced density or intensity resulting from new zoning criteria. • Design criteria for pedestrian walkways City of Tamarac -The Redevelopment Study focused on key commercial areas within Tamarac. Three primary areas of opportunity were identified with unique marketing, economic development, urban design and land use strategies. The study included planning and design strategies intent on (a) positioning the City's commercial areas to be more competitive for redevelopment opportunities; (b) identifying current and future market demand within the City's commercial areas; (c) identifying the ten- year potential for key uses and activities within the City; (d) recommending zoning patterns to promote sustainable transit-oriented development principles; and (e) reflecting green principles for redevelopment. The final study provided recommendations to target specific market sectors and made recommendations to better-situate the City in a highly competitive redevelopment market, with a focus on increasing economy, live-work, livability, walkability, sustainability and aesthetic qualities to serve as attractors for commercial investment and a new generation of home-buyers. City of Naples -Calvin, Giordano & Associates was hired by the City of Naples to amend the CRA Redevelopment Plan. The Plan Amendment accomplished the following goals: 1. Extended the sunset date of the CRA 2. Provided a workable program for using public resources to fund redevelopment initiatives, and 3. Provided a broad vision of redevelopment initiatives CGA staff conducted workshops to solicit public input into the CRA plan as well as interviews with homeowners associations, business groups, civic organizations, CRA Board members and city staff. Strategies were developed to create distinct districts within the CRA based on their specific locations, their relationship to each other and themes associated within each district. Three illustrative financing scenarios were developed summarizing anticipated revenues and expenditures in order to implement the plan. City of South Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions 30 Calvin, Giordano g Associates, Inc. E x C E P T ION A L SOL UTI 0 N 5'" See the following pages for the required forms. • Proposal Checklist • Signed Contract Documents (Exhibit 6) • Respondent Qualification Statement • Lititgation Statement • List of Proposed Subcontractors and Principal Suppliers • Non-Collusion Affidavit • Public Entity Crimes and Conflict of Interest • Drug Free Workplace • OSHA Acknowledgement • Affidavit concerning federal and state vendor listings • Related Party Transaction Verification Form • Presentation Team Decleration/ Affidavit of Representation • Certificate of Competency and Company Certification • Proposal and Instruction to Respondents (Exhibit 2) • Indemnification and Insurance (Exhibit 4) and COl City of South Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions PROPOSAL SUBMITTAL CHECKLIST FORM "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the· solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this RFQ. The response shall include the following items: Attachments and Other Documents described below CI I lee < to be Completed IF MARKED WITH AN "X": Completed. One (I) original unbound proposal, five (5) additional copies, 3-ring binders are not permitted, and one (I) digital (or comparable X medium including Flash Drive, DVD or CD) copy --- Supplemental Instructions and Proposal Format for Respondents, X EXHIBIT 2 X Indemnification and Insurance Documents EXHIBIT 4 X Signed Contract Documents, Professional Services Agreement, EXHIBIT 6 X Respondents Qualification Statement X List of Proposed Sub Consultants/Subcontractors and Principal Suppliers X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation x X X X X X X X X X X X X Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. Thomas F. Pepe 02-23-15 END OF SECTION 14 32 EXHIBIT #6 PROFESSIONAL SERVICE AGREEMENT "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 THIS AGREEMENT made and entered into this 29 day of April ,20lQ... by and between the City of South Miami, a political subdivision of the State of Florida (hereinafter referred to as Owner) by and through it is City Manager (hereinafter referred to as City) and Calvin, Giordano & Associates authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT". In consideration of the premises and the mutual covenants contained in this AGREEMENT, the City of South Miami, through its City Manager, agrees the following terms and conditions: 1.0 General Provisions 1.1 A Notice to Proceed will be issued by the City Manager, or his designee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the Owner other than the work described in the Notice to Proceed (hereinafter referred to as the "WORK"), nor does it obligate the Owner in any manner to guarantee work for the CONSULTANT. 1.2 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed under this AGREEMENT promptly after the issuance of the Notice to Proceed. 2.0 Time for Completion 2.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time based on reasonable determination, stated in the said Notice to Proceed. 2.2 A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control. of the CONSULTANT render performance of his duties impossible. 3.0 Basis of Compensation: The fees for services of the CONSULTANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT.· a. A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an agreement is reached. it shall be in writing. signed by the CONSULTANT and attached hereto as ATTACHMENT A: b. Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum. the CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this AGREEMENT. fees in accordance with the following: Category Hourly Rate Hourly rates will include all wages. benefits, overhead and profit and it shall be in writing. signed by the CONSULTANT and attached hereto as ATTACHMENT A. 4.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHMENT "TBA" or, if no schedule of payment exhibit is attached to this Agreement then payment will be made, 30 days following Thomas F. Pepe 02-23-15 59 33 the receipt of CONSULTANT's invoice, as the work progresses but only for the work actually performed. 5.0 Right of Decisions.. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgment of the representative as to any decisions made by him, he shall present his written objections to the City Manager and shall abide by the decision of the City Manager. 6.0 Ownership of Documents. All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation in connection with the owner's use and occupancy of the project. 7.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 8.0 Subletting. The CONSULTANT shall not assign or transfer its rights under this Agreement without the express written consent of the City. The City will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT's rights. The City may, in its sole discretion, allow the CONSULTANT to assign its duties, obligations and responsibilities provided the assignee meets all of the City's requirements to the City's sole satisfaction. The CONSULTANT shall not subcontract this Agreement or any of the services to be provided by it without prior written consent of the City. Any assignment or subcontracting in violation hereof shall be void and unenforceable 9.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The City reserves the right at its discretion, but does not assume the obligation, to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the City including persons employed by any independent contractor. By reserving this right the City does not assume any obligation or responSibility to enforce or ensure compliance with the applicable laws and/or regulations. 10.0 Warranty. 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 contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the ' right to annul this contract without liability. 11.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY may terminate this agreement by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULTANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time subsequent to date of termination for which no work was performed. 12.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. The term shall not exceed a Thomas F. Pepe 02-23-15 60 34 term of five (5) consecutive years weeks following the issuance of the Notice to Proceed. 13.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party in writing. If CITY is in default, .the CONSULTANT will only be compensated for any completed professional services and CONSULTANT shall not be entitled to any consequential or delay damages. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof, each party shall bear its own costs and legal fees. 14.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in ATTACHMENT B to this AGREEMENT. 15.0 Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 16.0 Codes. Ordinances and Laws. The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal, County, state and federal codes, ordinances, rules, regulations and laws in effect at the time of design which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the Request for Qualifications applicable to this AGREEMENT. 17.0 Taxes. CONSULTANT shall be responsible for all payments of federal, state, and/or local taxes related to the Work, inclusive of sales tax if applicable. 18.0 Drug Free Workplace. CONSULTANT shall comply with CITY's Drug Free Workplace policy which is made a part of this AGREEMENT by reference. 19.0 Independent Contractor. CONSULTANT is an independent entity under this AGREEMENT and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 20.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and City, which may be applicable to the service being provided. 21.0 Licenses and Certifications. CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 22.0 Entire Agreement. Modification. and Binding Effect: This Agreement constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This Agreement may not be modified or amended except in writing, signed by both parties hereto. This Agreement shall be binding upon and inure to the benefit of the City and CONSULTANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this agreement shall be valid or binding unless it complies with this paragraph. This agreement, in general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of the parties. If this Agreement was required by ordinance or the City Charter to be approved by the City Commission, no amendment to this Agreement shall be valid unless approved by the City Commission. 23.0 Jury Trial. CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the this AGREEMENT or the performance of the Work thereunder. 24.0 Validity of Executed Copies. This AGREEMENT may be executed in several counterparts, each of which may be construed as an original. 25.0 Rules of Interpretation: Throughout this agreement the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the Singular words substituted for plural and plural words substituted for singular wherever applicable. 26.0 Severability. If any term or provision of this AGREEMENT or the application thereof to any Thomas F. Pepe 02-23-15 61 35 person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 27.0 Cumulative Remedies: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by the Contract Documents and the rights and remedies available to the City hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Contract Documents. In order to entitle any party to exercise any remedy reserved to it in this Agreement, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. 28.0 Non-Waiver. City and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this Agreement on the part of either party shall operate as a waiver of any right, power, or privilege under this Agreement. No waiver of this Agreement, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this Agreement. Any waiver of any term, condition or provision of this Agreement will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this agreement as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 29.0 No Discrimination and Equal Employment: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices. Thus, all individuals and entities seeking to do work for the City are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this Agreement the CONSU L TANT hereby certifies under penalty of perjury, to the City, that CONSULTANT is in compliance with all applicable regulations and laws governing employment practices. 30.0 Governing Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 31.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if reqUired by CITY's Charter to be approved by said Commission, and the effective date shall be the date of its execution by the last party so executing it or date of approval by City Commission, whichever is later. Thomas F. Pepe 02-23-15 62 36 32.0 Third Party Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 33.0 Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the AGREEMENT. 34.0 Time of Essence. Time is of the essence of this AGREEMENT. 35.0 Interpretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 36.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could. not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 37.0 Subcontracting; If allowed by this Agreement, the CONSULTANT shall be as fully responsible to the City for the acts and omissions of its subcontractors as it is for the acts and omissions of people directly employed by it. All subcontractors and subcontractor agreements, if allowed by this Agreement, must be approved by the City. The CONSULTANT shall require each subcontractor, who is approved by the City, to agree in the subcontract to observe and be bound by all obligations and conditions of this Agreement to which CONSULTANT is bound. 38.0 Public Records: CONSULTANT and all of its subcontractors are required to comply with the public records law (s.119.070 I) while providing goods and/or Services on behalf of the CITY and the CONSULTANT, under such conditions, shall incorporate this paragraph hall of its subcontracts for this Project. Under such condition, CONSULTANT and its subcontractors are specifically required to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform its obligations hereunder; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the CONSU L T ANT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. If CONSULTANT or its subcontractor does not comply with a public records request, the CITY shall have the right to enforce this contract provision by specific performance and the person who violates this provision shall be liable to CITY for its costs of enforcing this provision, including attorney fees incurred in all proceedings. whether administrative or civil court and in all appellate proceedings. In addition. the CONSULTANT shall indemnify the City for all cost and expense incurred by the City. including attorney fees. due to the failure of the CONSU L TANT or any of its subcontractors for failure to timely comply with this section of the Agreement. Notices. Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery. e-mail (or similar electronic transmission). facsimile transmission or certified mail. with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or. if by certified mail. the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be stam ped with the official City receipt stamp showing the date of deliver; otherwise the document shall not e considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: Thomas F. Pepe 02-23-15 63 37 To CITY: With copies by U.S. mail to: City Attorney To CONSULTANT: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: salexander@southmiamifl,gov 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl,gov Corporate Authority: The CONSULTANT and its representative who signs this Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Agreement and to assume the responsibilities and obligations created hereunder; and that this Agreement is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSU L T ANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. IN WITNESS WHEREOF, this AGREEMENT is accepted on the date first above written subject to the terms and conditions set forth herein. ATTESTED: By: Maria M. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution thereof: By: ________ _ Thomas F. Pepe, Esq. City Attorney Thomas F. Pepe 02-23-15 64 CONSULTANT City of South Miami By: Steven Alexander City Manager 38 RESPONDENT QUALIFICATION STATEMENT "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of similar engagements completed. a) In the past 5 years 12 b) In the past 10 years 25 2. List the last three (3) completed engagements. a) Zoning & Land Use Engagement: ~C~o:!.;rr~i!:!:do~r~An~~a~ly~s~is~ _______ _ Entity Name: Town of Surfside Entity Address: 9293 Harding Ave" Surfside, FL 33154 Entity Telephone: 305-861-4863 b) Zoning & Land Use Engagement: Zoning Code Rewrite Entity Name: City of Weston Entity Address: 17200 Royal Palm Blvd, Weston, FL 33326 c) Thomas F. Pepe 02·23·15 Entity Telephone: Zoning & Land Use Engagement: Entity Name: Entity Address: Entity Telephone: 15 954-385-2000 EAR-Based Amendments City of Port St. Lucie 121 SW Port St. Lucie Blvd, Port St. Lucie, FL 34984 772-871-5225 39 3. Current workload Project Name Owner Name Telephone Number Contract Price Land Development Regulations Update City of Key West 305-809-3700 $143.700 Land Development Regulations City of Cape Coral Update 239-574-0401 $198.000 Land Development Regulations Update Village of North Palm Beach 561-841-3380 $74.595 Comprehensive plan Update Town of Palm Beach 561-838-5406 $38.550 Land Development Regulations Update and Comp Plan Update Marco Island 239-389-50Il $90.600 Land Development Regulations Long Boat Key 239-574-0600 Update $98.000 Land Development Regulations Naples 239-213-1030 $49.5000 Analysis 4_ The following information shall be attached to the proposal. a) RESPONDENT's home office organization chart. See Section 5 of submittal b) RESPONDENT's proposed project organizational chart. See Section 5 of submittal c) Resumes of proposed key project personnel, including on-site Superintendent. See Section 5 of submittal 5_ List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, Not applicable b) Any arbitration or civil or criminal proceedings, or See attached Litigation Statement Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years None 6. Government References: List other Government Agencies or QuaSi-government Agencies for which you have done business within the past five (5) years. Name of Agency: ....:C""i:..>.ty~o""-f=.:K""e+y-'W-'-=es~t'--________ _ Address: ..=3;...:1..=4=0-=.F..:.:la::j;g""le=f ___________ _ Telephone No.: Contact Person: Type of Project: Thomas F. Pepe 02-23-15 KeyWest, FL 33040 305-809-3728 Thaddeus Cohen -Planning Director Land Development Regulations Rewrite 16 40 Name of Agency: City of Weston Address: 17200 Royal Palm Blvd Weston, FL 33326 Telephone No.: -=--95=-4=---=.3-=.85=---=2:..::0-=.00-=---_________ _ Contact Person: Denise Barrett, Director of Communications Type of Project: Zoning Code Rewrite Name of Agency: ~T!..lo.1..lwC!Ln!.!....!.oo!.!.f.!.2SMu!..!rf:li).slu.· d!&e~ ________ _ Address: 9293 Harding Ave Surfside, FL 33154 Telephone No.: Contact Person: Type of Project: Thomas F. Pepe 02-23-15 305-861-4863 Guillermo Olmendillo, Town Manager Comprehensive Planning and Zoning Code 17 41 Calvin, Giordano g Associates, Inc. E x C E P T ION A l SOL UTI 0 N 5'" Litigation Customer satisfaction is CGA's primary objective for every project undertaken by the firm. As such, CGA endeavors to complete each project on time and within budget. CGA is proud to assert that CGA has not failed to provide products, perform services, or furnished goods for which we have been contracted. In the last five (5) years CGA has been involved in the following litigation: 1. Vue Condominium Association, Inc. vs. Vue Fort Lauderdale, L.L.C., ET AL, Case No. CACE09012422 .Suit was filed March 3, 2009. This is a typical condominium construction defect suit involving the developer, contractor, numerous subcontractors and all the design team. The condominium association voluntarily dismissed its claim against Calvin, Giordano February 2011. 2. Walnut Creek Community Development District vs. Standard Pacific of South Florida, GP, Inc., Et AI, Case No. CACE10019353. Suit was filed May 4,2010. The case concerns the failure of an HDPE drainage pipe. The other parties include the developer, the pipe manufacturer and the contractor. The problems are primarily the result of defective manufacture of the HDPE pipe although design and construction deficiencies also are alleged. This case has been settled. 3. Calvin, Giordano & Associates and Franklin County, Florida filed lawsuit NO. 4:2012cvOOOOl in the Florida Northern District Court against B.P. Exploration and Production Inc. in January 2012. The suit was filed in an attempt to collect payment from B.P. Exploration and Production for services performed by Calvin, Giordano & Associates on behalf of Franklin County, Florida. This case has been settled. 4. Villas at Harbor Isles Condo filed suit NO. CACE 09-043012(18) against Harbor Isles by Quantum, Inc., et. al. (Calvin, Giordano & Associates, Inc.); filed in Broward County Circuit Court. Complaint originally filed 8/2009 (no claims against Calvin Giordano & Associates). Third Amended Complaint filed 5/2012 including claims against Calvin Giordano & Associates. Condominium construction defects case with claims against Calvin Giordano involving alleged improper sloping at lake banks and improperly specific catch basin grate covers. This case was settled for a payment of $2500.00 to the Association. 5. Merrick Preserve Condominium Association, Inc. v. Westbrooke Homes, Florida general partnership NO. CACE 08 11218(07); Third Party Complaint filed August 2011. Breach of Contract alleging failure to include developer as an additional insured on commercial general liability policy; Contractual Indemnification and Common Law Indemnification claims involving alleged deficiencies in grading of back yards and paving of driveways resulting in ponding. Condominium defects suit in which developer filed third party claims against subcontractors and design professionals. The case has been settled. , 6. Armando E. Silva, and Robin Silva, both individually and as natural parents and next friends of Spencer Silva and Heather Silva, minors, v. South Broward Hospital district, d/b/a Memorial Regional Hospital, Hardrives of Delray, Inc., d/b/a Hardrives, Inc., a Florida Profit Corporation, Calvin, Giordano & Associates, Inc., a Florida Profit Corporation, and ANF Group, Inc., a Florida Profit Corporation, filed suit on October 25, 2013 in the Broward County Circuit Court. NO. CACE13023917. A lawsuit for compensation was brought against Calvin, Giordano & Associates (CGA) by Armando Silva as a result of a motor cycle accident on a road designed by CGA. This case is pending. 7. Edward B Wallace Plaintiff vs. Calvin, Giordano & Associates Inc Defendant. Whistle Blower. Suit filed on July 23,2012 in the Broward County Circuit Court. NO. CACE12020634.This case was dismissed. 8. Kevin Young vs. Calvin, Giordano, & Associates, Inc., Case NO: 0:13-cv-61870-Scola/Otazo-Reyes, filed in United States District Court for the Southern District of Florida, Fort Lauderdale Division. ADA lawsuit. The parties have dismissed this case with prejudice in accordance with Federal Rule of Civil Procedure 41 (a) (l)(A)(ii). Dismissal with prejudice, ECF No. 66) on December 19,2014. 9. Maria Carolina Cortinas; Gustavo L. Cortinas (Estate of Jose A. Scott), File No. 1085-0565-00 / Claim # 7030087022 April 22, 2015. Preliminary discovery -Auto Accident 42 LIST OF PROPOSED SUB CONSUL TANTSI SUBCONTRACTORS AND PRINCIPAL SUPPLIERS "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 Respondent shall list all proposed sub consultants/subcontractors, if subcontractors are allowed by the terms of this RFQ to be used on this project if they are awarded the Contract. Classification of Worl< Subcontr'acto,' Name Address Telephone, Fax & Email Plan ning/Forecasting *No Subconsultan s will be used Land Use Regulations Analysis *No Subconsultan s will be used General Research *No Subconsultan s will be used Other: *No Subconsultan s will be used ThiS Itst shall be provided to the City of South Miami by the apparent lowest responsive and responsible Bidder within five (5) business days after Bid Opening. Thomas F. Pepe 02·23·15 END OF SECTION 18 43 NON COLLUSION AFFIDAVIT STATE OF FLORIDA ) ) ) COUNTY OF MIAMI-DADE _..;;.S--'he..:..;I=Ie".J-y...:;:E=ic=h=n=e=r,c.::;A;:;:I:..=C:..:;.P ____________ being first duly sworn, deposes and states that: c (I) He/ShelThey is/are the Senior Vice President (Owner, Partner, Officer, Representative or Agent) of _C=al'-'-v~in~!--'=G~i~o~rd""a~n~o--'=&~A~s!!-'so"_'c::!:!a~it:=:es"_'.,_=_In~c~._______ the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not 'a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Thomas F. Pepe 02-23-15 Shelley Eicher, AICP, Senior Vice President Print Name and Title 04/25/2016 Date 19 44 STATE OF FLORIDA COUNTY OF MIAMI-DADE ACKNOWLEDGEMENT ) ) ) On this the ~ 5 day of af210 ' 20~, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) j I Le. I c,A--y and whose name(s) is/are Subscribed t the within instrument, and he/she/they acknowledge that he/shelthey executed it. WITNESS seal. my ~ and official ~ Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: ~,"I",,1.o: C ,,~~., •••• :,,-HRISTINE CATALANO ;: ~~ Commission # FF 920295 My CommiSSion Expires September 21. 2019 Thomas F. Pepe 02-23-15 20 (Name of Notary Public: Print, Stamp or type as commissioned.) Personally known to me, or . Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. 45 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -CIA person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public bUilding or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to City of South Miami [print name of the public entity] by Shelley Eichner, AICP, Senior Vice President [print individual's name and title] for Calvin, Giordano & Associates, Inc. [print name of entity submitting sworn statement] whose business addre""s~s...Liisl....-_18_0_0_E_ll_e_r_D_r_iv_e..:.., S_u_i_te_6_0_0 ______ _ Ft. Lauderdale, FL 33316 and (if applicable) its 65-0013869 (If the Federal Employer Identification Number (FEIN) is entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: -------------------.) 2. I understand that a "publiC entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to Thomas F. Pepe 02-23-15 21 46 any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes, means a finding of gUilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of gUilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. Thomas F. Pepe 02·23·15 22 47 __ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before -'~~""'/f-'O!-k~;-".e"--------' 20 1(0. of Personally known ~ OR Produced identification ------Notary Public-State of My commission expires ;)JiLfJlzl11 ~.J/L JJ SlO J q ~~~~~~~~ (Type of identification) ---------------1t!f'.1'1 (Printed, typed or Stamped commissioned Form PUR 7068 (Rev.06/1 1/92 Name of notary pUblic OIVLL~/lU!.... C (~k~Cb Thomas F. Pepe 02-23-15 23 48 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. S) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. RESPONDENT's Signature: ~~ SU~ (7 Print Name: Shelley Eichner, AICP Date: April 25, 2016 Thomas F. Pepe 02-23-15 24 49 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, Calvin, Giordano & Associates, Inc " (Name 'of CONTRACTOR), hereby acknowledge and agree that as CONTRACTOR for the "Comprehensive Plan and Land Development Code Revision" project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consultant) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub-contractor's names): to comply with such act or regulation. BY: Shelley Eichner, AICP Name Senior Vice President Title Thomas F. Pepe 02-23-15 25 50 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name Does appear on one or all the "Listings" summarized below, Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: http://www.dms:myflorida.com/business operations/state purchasing/vendor informati on/convicted suspended discriminatory complaints vendor lists DECLARATION UNDER PENALTY OF PERJURY I, Shelley Eichner, AICP (hereinafter referred to as the "Declarant") state, under penalty of perjury, that the following statements are true and correct: (I) I represent the Respondent whose name is ----.:N:..:../~A~ __________ _ (2) I have the following relationship with the Respondent Senior Vice President (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myflorida.com/business _ operations/state_purchasing/vendor _information/convi cted_suspended_discriminatory _complaints_vendor Jists j (4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category it means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List FURTHER DECLARANT SAYETH NOT. Shelley Eichner, AICP (Print name of Declarant) By:~U2JleuScGz. .(Sigflattm;of rfeclarant) =-= ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Thomas F. Pepe 02·23·15 26 51 On this the 112 day of m ' 20 . / 6, before me, the undersigned authority, personally appeared 1 lUi tdc,hN¥: who is v'personally know to me or who provided the following identification and who took an oath or affirmed that that he/shelthey ecu d the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. NOTARY PUBLIC: SEAL ;\""111 ,,''i.'''.:;-:..~ CHRISTINE CATALANO g. :-S Commission II FF 920295 \~ i1> .. j My Commission Explfes ""II'"",~~~'~ September 21. 2019 Thomas F. Pepe 02-23-15 27 Public, Ch(~~L~ Celi/al)l/1) (Name of Notary Public: Print, Stamp or type as commissioned.) 52 RELATED PARTY TRANSACTION VERIFICATION FORM Shelley Eichner, AICP individually and on behalf of Calvin, Giordano & Assoc (" Firm")have Name of Representative CompanylVendor/Entity read the City of South Miami ("City")'s Code of Ethics. Section 8A-1 of the City's Code of Ordinances and I hereby certify. under penalty of perjury that to the best of my knowledge. information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or business that I. and/or the Firm. am (are) about to perform for. or to transact with. the City. and (2) neither I nor any employees. officers. directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm. has any relative(s). as defined in section SA-I. who is an employee of the City or who is(are) an appointed or elected official of the City. or who is(are) a member of any public body created by the City Commission. i.e., a board or committee of the City. [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (2) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm. nor any member of those persons' immediate family (Le., spouse. parents, children. brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect. in any business being transacted with the city, or with any person or agency acting for the city. other than as follows: _______ (use (if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must make reference, on the above line. to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (Le., spouse. parents, children, brothers and sisters) has a financial interest. directly or indirectly. in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: ____________________________________________ __ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference. on the above line. to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members. who own. directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: Thomas F. Pepe 02-23-15 28 53 (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as foII ows: _______________________________ _ ______ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\PurchasingWendor Registration\l 2.28. I 2 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ______________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other' Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents, children, brothers and sisters) have also responded, other than the following: Thomas F. Pepe 02-23-15 29 54 _____ (if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must make reference. on the above line. to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm. or the Firm he/she represents. as to their officers. directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically. after the opening of any responses to a solicitation. I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code. the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City. and the imposition of the maximum fine and/or any penalties allowed by law. Additionally. violations may be considered by and subject to action by the MiamiwDade County Commission on Ethics. Under penalty of perjury. I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge. information and belief. Signature: Print Name & Title: Shelley Eichner. AICP, Senior Vice President Date: 04/2512016 Thomas F. Pepe 02-23-15 30 55 Sec. SA-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor,. thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect 'interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. l ( I 0) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFQ, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (I) The payment of taxes, special assessments or fees for services provided by the city government; Thomas F. Pepe 02-23-15 31 56 (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after publiC' hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(l) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (I) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b) ( I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (I )Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2)Exceptions. The provisions of paragraph (e) ( I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; Thomas F. Pepe 02-23-15 32 57 d. Material such as books. reports. periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer. give or agree to give to any person included in the terms defined in paragraphs (b)( I) through (6). or for any person included in the terms defined in paragraphs (b)(I) through (6) to accept or agree to accept from another person or entity. any gift for or because of: a. An official public action taken. or to be taken. or which could be taken. or an omission or failure to take a public action; b. A legal duty performed or to be performed. or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated. or which could be violated by any person included in the term defined in paragraph (b)( I); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift. or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter I 12, Florida Statutes. for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(l) through (6) be employed by a corporation, firm. partnership or business entity in which that person or the immediate family does not have a controlling financial interest. and should the corporation, firm. partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency. then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )( I) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly. for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment. either incidental, occasional or otherwise, where city time. equipment or material is to be used or where such employment or any part thereof is to be performed on city time. Thomas F. Pepe 02-23-15 33 58 b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I-II of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause .. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(l) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (I) NQ person included in the terms defined in paragraphs (b)(I), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, eqUity, or debt. (n) Acquiring financial interests. Thomas F. Pepe 02-23-15 34 59 No person included in the terms defined in paragraphs (b)(l) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)( I) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(l) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval. disapproval, recommendation, the ren~ering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, . recommendation, the rendering of advice, investigation. or otherwise. during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation. the rendering of advice, investigation, or otherwise. during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance. or whenever any person who renders services to the city Thomas F. Pepe 02-23-15 35 60 is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6-99-/680, § 2, 3-2-99) Editor's note-Ord. No. 6-99-16BO, § I, adopted 3-2-99, repealed §§ SA-I and SA-2 in their entirety and replaced them with new §§ SA-I and BA-2. Former §§ BA-I and SA-2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (lA-I), I (IA-2) adopted Jan. II, 1969. Thomas F. Pepe 02-23-15 36 61 PRESENTATION TEAM DECLARA TION/AFFIDVAIT OF REPRESENTATION ~mtU~~esentati~e. . Calvin. Giordano & Associates Shelley Elchner, AICP, Semor Vlce Presldent Print name of entity being represented Print Name and Title Thomas F. Pepe 02·23·15 END OF SECTION 37 62 EXHIBIT#2 SUPPLEMENTAL INSTRUCTIONS AND PROPOSAL FORMAT FOR RESPONDENT cCComprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 I. Format and Content of RFQ Response Firms responding to the solicitation, shall disclose their qualifications to serve as a consultant for the City in the format set forth below. Failure to provide requested information may result in your proposal being deemed non-responsive and therefore eliminated from further consideration. A. Title Page Show the name of Respondent's agency/firm, address, telephone number, name of contact person, date and the subject: REQUEST FOR QUALIFICATIONS For "Comprehensive Plan and Land Development Code Revisions," RFQ #PL2016-09 B. Table of Contents Include a clear identification of the material by section and by page number. C. Cover Letter and Executive Summary This letter should be signed by the person in your firm who is authorized to negotiate terms, render binding decisions, and commit the firm's resources. Summarize your firm's qualifications and experience to serve as a Consultant, and your firm's understanding of the work to be done and make a positive commitment to perform the work in accordance with the terms of the proposal being submitted. This response should emphasize the strength of the firm in any relevant areas which you feel the City should weigh in its selection, based on the criteria set forth above. This section should summarize the key points of your submittal. Limit to one to four pages. Proposals must include the following. I. Proposer's perception of the· problem, based on this RFQ, site visits, review of existing planning documents, and other available information; 2. Detailed work plan/project approach and schedule designed to accomplish the objectives of the proposed project in a timely manner. The City anticipates that this project will be completed within 24 months of execution of a contract and should be divided into two sections (Plan and Code), which may be undertaken concurrently. 3. A list of the executive and professional personnel that will be employed in the completion of the project and their experience with similar projects, including the percentage of project time projected to be spent by each person; 4. Proposer's experience with projects of a similar scope including a summary of prior work experience and competence in undertaking projects of this type. Experience shown should be of the lead project personnel who will be assigned to the City's Thomas F. Pepe 02-23-15 63 project and will routinely be interfacing with the City. D. Firm Overview State the full legal name and organizational structure of the firm. Describe the ownership structure of your firm. State the location of the office that will be serving the City including mailing address and telephone numbers. a. Name of Firm submitting responding to the solicitation. b. Name and title of individual responsible for the submittal. c. Mailing and e-mail addresses. d. Telephone and facsimile numbers. E. Personnel and References Identify the primary individuals who will provide services to the City with regard to the day- to-day relationship with the City and include a brief resume for each of the primary individuals including licenses and certifications held by those individuals. Provide a list of five clients the firm has worked with in the last 36 months. Indicate the firm's experience with clients within the State of Florida and provide a brief description of the type of services provided as well as the names, titles, addresses and telephone numbers of those primarily responsible for the account. In addition to the day-to-day relationship, please provide information regarding the firm's and individual's experience with engagements which are similar to the project contemplated by the City. Finally, provide specific services required to complete this project, that are provided by your firm, through subcontractors or sub consultants. F. Other Relevant Experience Provide a description of your proposed primary individuals' relevant experience over the last three years with other cities that you believe are relevant to this proposed engagement. Include three case studies, if available, that illustrate experience with relevant services where the proposed primary individuals have served as consultants for similar engagements as proposed by the City detailed in the Scope of Services in this RFQ~ Please limit your response to two pages. Thomas F. Pepe 02-23-15 END OF SECTION 64 EXHIBIT #4 Insurance & Indemnification Requirements "Comprehensive Plan and Land Development Code Revision" RFQ #PL10 16-09 Insurance Requirements Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or Thomas F. Pepe 02-23-15 65 disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be perfo'rmed under this Contract has been completed and accepted by CITY (or for / such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: Thomas F. Pepe 02-23-15 66 • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors/Consultants (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella 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 with the state of Florida, and must include: Thomas F. Pepe. 02-23-15 67 (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as required by the General Contractor, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR; as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. Thomas F. Pepe 02-23-15 68 Miscellaneous: If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to. provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT, if any, certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must Thomas F. Pepe 02-23-15 69 remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: A policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; A policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance Thomas F. Pepe 02-23-15 70 shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Contractor's Responsibility Prior to Receiving a Notice to Proceed Prior to the City issuing a Notice to Proceed, the contractor shall deliver a copy (either hard , copy or, preferably, electronically) of the policy, including the declaration page of the policy and all endorsements to the policy and provide the City with the name, address, including email address, and phone number of the contractor's insurance agent. The Contractor's insurance agent must provide the City with evidence that the insurer issuing the policy is licensed and authorized to do business in Florida, that the form of the policy being issued has been approved by the State of Florida and that the insurance carrier that is issuing the policy is not issuing the policy as a surplus lines carrier. The agent shall also provide a citation to the page number of the policy, or the form number of the endorsement, and highlight the relevant language of the portion of the policy and/or the endorsements that, in his or her estimation, meets the following City insurance requirements: a) the city is an additional insured; b) coverage includes contractual liability; c) the City will be provided at least 10 days advanced notice of any cancellation of the policy, including cancelation for non-payment of premium, and at least 30 days' advanced notice of any material changes to the policy or of cancellation for any reason other than non-payment; and Thomas F. Pepe 02-23-15 71 d) either a policy provision or an endorsement providing that the policy is primary and non- contributory, such as an endorsement that provides that the vendor's policy is primary over all of the city's applicable insurance and that treats the city's policies as excess coverage. It may be that some of these provisions are combined into one endorsement or contained in the policy itself. If the policy does not have a provision or endorsement that provides the City with advanced notice of cancellation as required by the City, the contractor may still comply with the City's insurance requirement if the contractor provides the City with proof that the policy premium has been paid in full and provided the contractor makes arrangements with its insurance company to allow the City to confirm, monthly, that the policy is in full force and effect. In addition, the Contractor must either pay the City a monthly monitoring fee, currently set at $25 per month, or have the amount deducted from the Contractor's draws/payments. Indemnification Requirement A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, Thomas F. Pepe 02-23-15 72 affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising Ol,lt of this Agreement, incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting, from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes or shares responSibility or liability for the acts or omissions of the Contractor, its Thomas F. Pepe 02-23-15 73 contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design profeSSional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pepe 02-23-15 END OF SECTION 74 CALVI-2 OPID'IG ACC>RD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYVY) ~ 01106/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED B'( THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 'If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brown & Brown of Florida, Inc. (~~N:o, Ext): 954-776-2222 I (;,;~ No): 954-776-4446 1201 W c~ress Creek Rd # 130 P.O. Box 727 E·MAIL ADDRESS: Ft. Lauderdale, FL 33310-5727 INSURER(S)AFFORDING COVERAGE NAIC# Eric Martin Woodling INSURER A: Hartford Fire Insurance Co. 19682 INSURED Calvin, Giordano & INSURER B: American Guar & Liab Ins Co 26247 Associates, Inc. INSURERC: Twin City Fire Ins. Co. 29459 Attn: Dennis Giordano INSURER D : Landmark American Ins. Co. 33138 1800 Eller Drive #600 Ft. Lauderdale, FL 33316 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER' REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR lYPE OF INSURANCE f~~~ 1= (&~:-6%~ (&~:-6%~ UMITS LTR POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY ~!:H ,~ $ 1,OOO,OO~ I CLAIMS-MADE ~ OCCUR 21UUNLK3645 01/01/2016 01/01/2017 PREMISES (Ea occurrence) $ 300,OO~ I--MED EXP {Anyone person} $ 10,OO~ I-- PERSONAL & ADV INJURY $ 1,OOO,OO~ R'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,OOO,OOC ~PRO-D PRODUCTS -COMPIOP AGG $ 2,OOO,OOC POLICY JECT LOC OTHER: EmpBen. $ 1,OOO,OO~ AUTOMOBILE LIABIUlY j~~~b~~~t~INGLE LIMIT $ 1,OOO,OO~ A 'X ANY AUTO 21UENZE9789 01/01/2016 01/01/2017 BODILY INJURY {Per person} $ J--ALL OWNED ,--SCHEDULED BODILY INJURY (Per aCcident) $ J--AUTOS I--AUTOS HIRED AUTOS NON-OWNED (Pe~;~dentlAMA\jt: $ J--I--AUTOS $ X UMBRELLA UAB HOCCUR EACH OCCURRENCE $ 10,OOO,OO( B J--AUC594612806 01/01/2016 01/01/2017 10,OOO,OO~ EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED I X I RETENTION $ 0 $ WORKERS COMPENSATION X I Sl'ATUTE I I ER -AND EMPLOYERS' LIABIUlY YIN C ANY PROPRIETORIPARTNERlEXECUTIVE D N/A 21WBN03209 01/01/2016 01/01/2017 E.L. EACH ACCIDENT $ 1,OOO,OO( OFFICERIMEMBER EXCLUDED? 1,OOO,OO( 1n\~~8t~9';h'!. ~~Jer E.L. DISEASE -EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,OOO,OO( D Professional Llab LHR753020 08/27/2015 08/27/2016 Occ/Aggr 2,000,000 Claims Made RETRO DATE 8/27/1959 Retention 200,OO( DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) For bid purposes only CERTIFICATE HOLDER CANCELLATION CALVING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Calvin, Giordano & Associates, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Inc 1800 Eller Drive #600 AUTHORIZED REPRESENTATIVE Ft Lauderdale, FL 33316 ~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 75 Calvin, Giordano S Associates, Inc. E x C E P T ION A L SOL UTI 0 N 5'" City of South Miami RFP #PL2016-09 I Comprehensive Plan and Land Development Code Revisions 76 (~~ South ~Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 Submittal Due Date: April 29, 2016 at lOAM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as "CSM") through its chief executive officer (City Manager) hereby solicits sealed proposals responses to the City's request (hereinafter referred to as "Request for Qualifications" or "RFQ"). All references in this Solicitation (also referred to as an "Invitation for Proposals" or "Invitation to Bid") to "City" shall be a reference to the City Manager, or the manager's designee, for the City of South Miami unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to this RFQ #PL20 16-09 titled "Comprehensive Plan and Land Development Code Revision." The purpose of this RFQ is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, Exhibit I,), described in this RFQ (hereinafter referred to as "the Project" or "Project"). Interested persons who wish to respond to this RFQ can obtain the complete RFQ package at the City Clerk's office Monday through Friday from 9:00 AM. to 4:00 P.M. or by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete RFQ Package, including all documents listed in the RFQ. The Proposal Package shall consist of one (I) original unbound .proposal, five (5) additional copies, 3-ring binders are not .permitted, and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 and the name of the Respondent (person or entity responding to the RFQ). Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10 A.M. local time on April 29, 2016. A public opening will take place at lOAM. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10 AM. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hall in the Commission Chambers located at 6130 Sunset Drive, South Miami, FI 33143 on 77 April 18, 2016 at lOAM. The conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this RFQ Package. The City reserves the right to, or not to, award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or RFQ procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price or, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. Thomas F. Pepe 02-23-15 Maria M. Menendez, CMC City Clerk City of South Miami 78 SCOPE OF SERVICES and SCHEDULE OF VALUES "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I. Thomas F. Pepe 02·23·15 END OF SECTION 79 SCHEDULE OF EVENTS "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 No Event I Advertisementl Distribution of Solicitation & Cone of Silence begins 2 Non Mandatorx Pre-RFO Meeting 3 Deadline to Submit Questions 4 Deadline to City Responses to Questions 5 Deadline to Submit RFQ-Response 6 Projected Announcement of selected Contractor/Cone of Silence ends END OF SECTION Thomas F. Pepe 02·23·15 Date* Time* (EST) 4/412016 I 1:00AM 4/18/2016 10:00 AM 4/2112016 10:00 AM 4/25/2016 10:00 AM 4/29/2016 10:00 AM 5117/2016 7:00 PM 80 INSTRUCTIONS for RESPONDENT "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE RFQ FORM. I. Purpose of RFQ. The City of South Miami is requesting proposals for the lowest and most responsive price for the Project. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this RFQ will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this RFQ where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this RFQ. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of South Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in person, and shall be knowledgeable of the terms of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees tha~ City's General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. This order of precedence shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the, Contract: a) Attachment/Exhibits to Supplementary Conditions b) Supplementary Conditions to Contract, if any c) Addenda to RFQ . d) Attachments/Exhibits to RFQ e) RFQ f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract, if any i) Respondent's Proposal Thomas F. Pepe 02·23·15 81 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours (not including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request for permission to withdraw the firm's Proposal; and d) The firm submits an explanation in writing, signed under penalty of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in bad faith. 7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter and these instructions, or any other provision of this RFQ, the Cover Letter shall govern and take precedence over the conflicting provision(s) in the RFQ. ' 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by lOAM on April 21, 2016 to the attention of Steven P. Kulick at skulick@southmiamifl.gov or via facsimile at (305) 663·6346. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, shall be issued by a written addendum to the RFQ Package (also known as "RFQ Specifications" or "RFQ") by U.S. mail, e-mail or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. I O. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. II. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in accordance with Miami-Dade County Ordinance Nos. 98106 and 99- I. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff, including the City Manager and his staff. All written communication must comply with the requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre- proposal conferences, verbal presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly notice public meeting, contract negotiations with the staff following the City Manager's written recommendation for the award of the contract, or communications in writing at any time with any City employee, official or member of the City Commission unless specifically prohibited. A copy of all written communications must be contemporaneously filed with the City Manager and City Clerk. In addition, you are required to comply with the City Manager's Administrative Order AO 1-15. If a copy is not attached, please request a copy from the City's Procurement Division. WITH REGARD TO THE COUNTY'S CONE OF SILENCE EXCEPTION FOR WRITTEN COMMUNICATION, PLEASE BE ADVISED THAT, NOTWITHSTANDING THE MIAMI·DADE COUNTY EXCEPTION FOR Thomas F. Pepe 02-23-15 82 WRITTEN COMMUNICATION THE COUNTY'S RULES PROHIBITING VERBAL COMMUNICATION DURING AN ESTABLISHED CONE OF SILENCE SHALL, WITH REGARD TO THIS SOLICITATION, ALSO APPLY TO ALL WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE BELOW. THEREFORE, WHERE THE CITY OF SOUTH MAIMI CONE OF SILENCE PROHIBITS COMMUNICATION, SUCH PROHIBITION SHALL APPLY TO BOTH VERBAL AND WRITTEN COMMUNICATION. Notwithstanding the foregoing, the Cone of Silence shall not apply to •.. (I) Duly noticed site visits to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time that the City Manager makes his or her written recommendation; (2) Any emergency procurement of goods or services pursuant to the Miami- Dade County Administrative Order 3-2; (3) Communications regarding a particular solicitation between any person and the procurement agent or contracting officer responsible for administering the procurement process for such solicitation, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; and (4) Communications regarding a particular solicitation between the procurement agent or contracting officer, or their designated secretariall clerical staff responsible for administering the procurement process for such solicitation and a member of the selection committee therefore, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document." 12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer shall not be considered for any Solicitation including but not limited to one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. All firms and their agents who intend to submit, or who submitted, bids or responses for this RFQ, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this RFQ. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this RFQ and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the RFQ documents. Thomas F. Pepe 02·23·15 83 c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefpre, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services, or a contract for construction or repair of a public building, may not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a contract to perform work as a contractor, sub-contractor, supplier, sub-consultant, or consultant under a contract with the City of South Miami, and may not transact business with the City of South Miami for a period of 36 months from the date of being placed on the convicted vendor list. 17. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and correction. Proposals shall be signed using blue ink; all quotations shall be typewritten, or printed with blue ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or "NA". The proposal shall be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as part of its Proposal, the following documents: Thomas F. Pepe 02-23-15 84 a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) The completed Proposal Form fully executed. d) Proposal/Bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of Insurability. 18. Goods: If goods are to be provided pursuant to this RFQ the following applies: a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City shall be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net. cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusted to coincide. Respondents are responSible for checking their calculations. Failure to do so shall be at the Respondent's risk, and errors shall not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested subsequent to the Proposal opening, they shall be delivered within ~en (10) calendar days of the request. The City shall not be responsible for the return of samples. e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a period of one hundred eighty (180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation shall be cause for rejection, as determined by the City .. Thomas F. Pepe 02-23-15 85 h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this RFQ and as required by law. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence ofthe Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal/Bid Bond, if required for this Project. 20. Respondent shall comply with the City's insurance requirements as set forth in the attached EXHIBIT 4, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City's bonding, if required for this project, and insurance requirements as set forth herein shall authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this RFQ shall not be responsive unless the Respondent signs the form of contract that is a part of the RFQ package. The Respondent to this RFQ acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this RFQ package and agrees that Respondent's signature on the Bid Form and/or the form of contract that is a part of the RFQ package and/or response to this RFQ, grants to the City the authority, on the Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from the proposal and at the City's sole and absolute discretion, the City may treat the Respondent's signature on any of those documents, for all purposes, including the enforcement of all of the terms and conditions of the contract, as the Respondent's signature on the contract, after the appropriate information has been inserted. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. Thomas F. Pepe 02-23-15 86 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause for rejection of the Proposal as determined by the City. 25. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following a conviction for a public entity crime may not submit a response on a contract to provide any services to a public entity, may not submit RFQ on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36 months from the date of being placed on the Convicted Vendors List. 26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal shall act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this RFQ process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover its attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees, court costs and expenses associated with the litigation are awarded to the City, the Proposal/Bid Bond, if required for this project, shall be applied to the payment of those costs and any balance shall be paid by the Respondent. 28. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or termination of the contract. 29. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security. 30. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. 30.1. Each Performance Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 30.2. Each Performance Bond shall continue in effect for five year after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. Thomas F. Pepe 02-23-15 87 30.3. Each Payment bond shall guarantee the full payment of all suppliers, material man, laborers, or subcontractor employed pursuant to this Project. 30.4. Each Bond shall be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 30.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent shall ensure that the Bond(s} referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 30.6. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 31. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this RFQ package, the successful Respondent, within ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent's signature, and deliver to the City the reqUired insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time shall, at the City's option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security shall be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Proposal/Bid Bond. 32. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a result of failure to make the necessary examinations or investigations, or failure to complete any part of the RFQ Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is prOVided before the proposal is submitted, the contract price shall include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal, the Respondent shall have five calendar days to notify the City of any additional costs required by such conditions and the City shall have the right to reject the proposal and award the contract to the second most responsive, responSible bidder with the lowest price or to reject all bids. 33. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of Thomas F. Pepe 02-23-15 88 the Contract Documents, including the Proposal Form. No change orders shall be allowed for delays caused by the City, other than for extensions of time to complete the Work. 34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall be in accordance with EXHIBIT I, "Scope of Services" and Exhibit #2 "Supplemental Instructions and Proposal Format for Respondents" which is a part of this RFQ Package. 35. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal when it is in the best interest of the City. 36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or sub consultants in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 37. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal, partners, members or stockholders (collectively referred to as "Respondent Debtors"). A bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No bidder who is in default of any prior contract with the City may have their bid considered until the default is cured to the satisfaction of the City Manager. 38. Bid Protest Procedure. See attached EXHIBIT 7 39. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHIBIT 5. Thomas F. Pepe 02-23-15 END OF SECTION 89 PROPOSAL SUBMITTAL CHECKLIST FORM "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 This checklist indicates the forms ,and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this RFQ. The response shall include the following items: Attachments and Other Documents described below Checl< to be Completed x x x x x x x x ---- x x ---- x ---- x --- x ---- IF MARKED WITH AN "X": Completed. One (I) original unbound proposal, five (5) additional copies, 3-ring binders are not permitted, and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy Supplemental Instructions and Proposal Format for Respondents, EXHIBIT 2 Indemnification and Insurance Documents EXHIBIT 4 Signed Contract Documents, Professional Services Agreement, EXHIBIT 6 Respondents Qualification Statement List of Proposed Sub Consultants/Subcontractors and Principal Suppliers Non-Collusion Affidavit Public Entity Crimes and Conflicts of Interest Drug Free Workplace Acknowledgement of Conformance with OSHA Standards Affidavit Concerning Federal & State Vendor Listings Related Party Transaction Verification Form Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. Thomas F. Pepe 02·23·15 END OF SECTION 90 RESPONDENT QUALIFICATION STATEMENT "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of similar engagements completed, a) In the past 5 years b) In the past 10 years 2. List the last three (3) completed engagements. a) Zoning & Land Use Engagement: Entity Name: Entity Address: Entity Telephone: b) Zoning & Land Use Engagement: Entity Name: Entity Address: Entity Telephone: c) Zoning & Land Use Engagement: Thomas F. Pepe 02-23-15 Entity Name: Entity Address: Entity Telephone: 91 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information shall be attached to the proposal. a) RESPONDENTs home office organization chart. b) RESPONDENTs proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project Thomas F. Pepe 02-23-15 92 Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Thomas F. Pepe 02·23·15 93 LIST OF PROPOSED SUB CONSUL TANTSI SUBCONTRACTORS AND PRINCIPAL SUPPLIERS "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 Respondent shall list all proposed sub consultants/subcontractors. if subcontractors are allowed by the terms of this RFQ to be used on this project if they are awarded the Contract. Classification of Worl< Subcontractor Name Address Telephone. Fax & Email Planning/Forecasting Land Use Regulations Analysis General Research Other: This list shall be provided to the City of South Miami by the apparent lowest responsive and responsible Bidder within five (5) business days after Bid Opening. Thomas F. Pepe 02-23-15 END OF SECTION 94 NON COLLUSION AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) _____________________ being first duly sworn, deposes and states that: (I) He/ShelThey is/are the (Owner, Partner, Officer, Representative or Agent) of _____________________ the Respondent that has submitted the attached Proposal; (2) He/ShelThey is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; < (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness Thomas F. Pepe 02-23-15 By: ________________ __ Signature Print Name and Title Date 95 STATE OF FLORIDA COUNTY OF MIAMI-DADE ACKNOWLEDGEMENT ) ) ) On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS seal. my hand and official NOTARY PUBLIC: SEAL OF OFFICE: Thomas F. Pepe 02-23-15 Notary Public, State of Florida (Name of Notary Public: Print, Stamp or type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. 96 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to [print name of the public entity] by [print individual's name and title] for --------------------------------------------------------------[print name of entity submitting sworn statement] whose business addre .... sl.ll.s...IJisiZ...-________________________________ _ and (if applicable) its _________________ (If the Federal Employer Identification Number (FEIN) is entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ------------------_.) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to Thomas F. Pepe 02-23-15 97 any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to· bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. Thomas F. Pepe 02·23·15 98 ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [Signature] Sworn to and subscribed before me this _______________________ ,20 ___ . Personally known OR Produced identification _____ _ Notary Public-State of My commission expires, _________________________ _ (Type of identification) ______________ _ (Printed, typed or Stamped commissioned Form PUR 7068 (Rev.06111/92 Name of notary public ______________ __ Thomas F. Pepe 02-23-15 day of 99 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of gUilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. RESPONDENT's Signature: _______________ _ Print Name: Date: --------------------------------------------- Thomas F. Pepe 02-23-15 100 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, .. (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTOR for the "Comprehensive Plan and Land Development Code Revision" project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consultant) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub-contractor's names): to comply with such act or regulation. CONTRACTOR BY: ___________________________________________________________________ __ Name Title Thomas F. Pepe 02-23-15 Witness 101 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person, or entity, who is responding to the CitY's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL· EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name Does appear on one or all the "Listings" summarized below, Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: http://www.dms.myflorida.com/business operations/state purchasing/vendor informati on/convicted suspended discriminatory complaints vendor lists DECLARATION UNDER PENALTY OF PERJURY I, (hereinafter referred to as the "Declarant") state, under penalty of perjury, that the following statements are true and correct: (I) I represent the Respondent whose name is _____________ _ (2) I have the following relationship with the Respondent (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the. following URL address: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor _information/convi cted _suspended_discriminatory _complaints_vendor _lists (4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category it means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List FURTHER DECLARANT SAYETH NOT. (Print name of Declarant) By: ______________________ __ (Signature of Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI·DADE ) Thomas F. Pepe 02·23·15 102 On this the __ day of , 20 , before me, the undersigned authority, personally appeared who is personally know to me or who provided the following identification and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. NOTARY PUBLIC: Thomas F. Pepe 02-23-15 SEAL Notary Public, State of Florida (Name of Notary Public: Print, Stamp or type as commissioned.) 103 RELATED PARTY TRANSACTION VERIFICATION FORM individually and on behalf of ("Firm")have Name of Representative Company/Vendor/Entity read the City of South Miami ("City")'s Code of Ethics, Section SA-I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section SA-I, who is an employee of the City or who is(are) an appOinted or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: _______ (use (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appOinted official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and Sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: _______________________ __ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: Thomas F. Pepe 02-23-15 104 (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on 'the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties'under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as foII ows: _______________________________ _ _____ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\PurchasingWendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or' directors of the Firm, nor any of their immediate family (Le., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ______________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed " under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents, children, brothers and sisters) have also responded, other than the following: Thomas F. Pepe 02-23-15 105 _____ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to suppl,ement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: ____________ _ Print Name & Title: ---------------- Date: ------------- Thomas F. Pepe 02-23-15 106 Sec. BA·I •• Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commi~sion members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. ( I 0) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFQ, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: ( I) The payment of taxes, special assessments or fees for services provided by the city government; Thomas F. Pepe 02-23-15 107 (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2) , (3) and (4); . (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2) , (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(l) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (I) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (f) Gifts. (I )Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(l) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; Thomas F. Pepe 02-23-15 108 d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)( I) through (6), or for any person included in the terms defined in paragraphs (b)(I) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)( I); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(I) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter I I 2, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (I) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(I) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: . a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. Thomas F. Pepe 02-23-15 109 b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I -I I of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause .. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. ( I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2) , (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. Thomas F. Pepe 02-23-15 110 No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(I) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 50 I (c)(3) non~profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(l) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city Thomas F. Pepe 02-23-15 111 is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6-99-1680, § 2, 3-2-99) Editor's note-Ord. No. 6-99-16S0, § I, adopted 3-2-99, repealed §§ SA-I and SA-2 in their entirety and replaced them with new §§ SA-I and SA-2. Former §§ SA-I and SA-2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (lA-I), I (IA-2) adopted Jan. 11,1969. Thomas F. Pepe 02-23-15 112 PRESENTATION TEAM DECLARA TION/AFFIDVAIT OF REPRESENTATION This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the underSigned, ________ , makes the following declaration under penalty of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's proposal' is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregOing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below Executed this ___ day of _________ , 20 . Signature of Representative Print Name and Title Thomas F. Pepe 02·23·15 Print name of entity being represented END OF SECTION 113 EXHIBIT#I SCOPE OF SERVICES "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 I. BACKGROUND The City of South Miami, Florida is seeking qualified planning and .zoning consultants, including firms or teams, to manage and perform a full and complete revision of its Comprehensive Plan, including its Future Land Use Map, and the Land Development Code and including its Zoning Map hereinafter referred to in this RFQ as the Land Use and Development Regulation Revision. The Planning and Zoning Department, working with the City Manager and City Attorney have identified some inconsistencies and sections where revisions, or more clarity is needed; as well as reorganization to improve the interpretation of these documents. Please refer to Exhibit #3 which includes links to the City's current Coml' Plan and LDC. Future Land Use and Zoning Maps are attached as Exhibit #3. These preliminary suggested revisions are expected to be supplemented by additional revisions suggested by the selected consultant. This project is intended to provide a full, complete and exhaustive revision to the City's Land Development Code ("LDC") and its Comprehensive Plan in language and formatting designed to be read and understood by the average citizen. The City intends to select and hire a consultant who has specific experience with zoning, preparation of ordinances, preparation of zoning maps, illustrations for land development regulations and conducting meetings with the public to encourage their participation in the process of revising the Comprehensive Plan and the LDC. In addition, the selected consultant must demonstrate experience and knowledge of: innovative zoning techniques, architectural and urban design, land development regulations, land use law, comprehensive planning, and sustainable development. All references to "City" in this RFQ shall be a reference to the City Manager of South Miami unless otherwise specifically defined. All references to the City Manager shall also mean the City Manager's designee. This RFQ shall serve to provide interested parties with general information as to the procedures for consultants for the City's revision of its Comprehensive Plan, Future Land Use Map, Land Development Code and Zoning Map. The City will use a competitive negotiation process in selecting the consultant. Accepted proposals will be evaluated by the City utilizing Exhibit 5, lCE.valuation and Selection Criteria." Respondents, deemed as best suited and qualified, shall be selected by a Selection Committee of at least three' (3) representatives selected by the City for discussion and/or presentations, ranking and subsequent negotiations with the selected consultant. Thomas F. Pepe 02·23·15 114 II. SCOPE OF WORK Thomas F. Pepe 02-23-15 COMPREHENSIVE PLAN I LDC REVISION: This project shall consist of a thorough analysis and revision of the City's current COMPREHENSIVE PLAN / LOC. Specific tasks include: Task I: Review of Existing Planning Documents. Regulations and Initiatives The consultant will complete a rigorous and objective evaluation of the City's existirlg COMPREHENSIVE PLAN / LOC. The consultant will also take into consideration regional needs and the official plans of other government units and agencies within the region, including the goals of the Federal, State, MPO, Miami Oade County and City of South Miami. At the outset of the project, the consultants shall meet with City staff for a project orientation meeting in order to provide an understanding of City's goals, and the project schedule, timeline, specific issues, City policies, interagency interaction, opportunities and/or problems relating to growth and development within the City. The consultant shall be responsible for reviewing and understanding the City's Comprehensive Plan, and any other City plans and policies as identified by the City, and all relevant and applicable local, state and federal laws. Task 2: Public Participation The consultant shall propose a substantial public participation process that specifies how and when the public (including homeowners associations, businesses, the development community and other interested parties) will be engaged throughout the Projects process. The consultant shall specify the methods they will use to achieve meaningful public participation. The consultant shall also provide a public participation timeline that identifies key points at which the public will be involved, and how that involvement will occur, how and when materials will be available and presented to the public. The consultant shall consider mUltiple means of obtaining input both during and outside of identified public meetings. The consultant shall describe its approach for gathering broad-based input about the existing COMPREHENSIVE PLAN / LOC. City staff, Planning Board, Environmental Review and Preservation Board (ERPB), and the City Commission should be contacted in person for their input concerning the current requirements, administration procedures, deficiencies, suggested changes and implementation techniques. The consultant shall also inquire about the perceived strengths and weaknesses of the existing Comprehensive Plan as a guide to implement a new LOC and Zoning Map. The consultant shall prepare a draft and final memorandum that summarizes the input 115 Thomas F. Pepe 02-23-15 gathered during this identification process, which shall be submitted to the City Manager. Task 3: Comprehensive Plan / LDC And Related Authorizations Review The COMPREHENSIVE PLAN / LOC Revision will include a brief analysis of the changes that have taken place in the South Miami developed environment since the last revision to the Comprehensive Plan and the LOC. The COMPREHENSIVE PLAN / LOC revision will briefly analyze existing land use and socioeconomic patterns necessary to provide sufficient understanding on which to reflect future growth management practices including the City's desire to encourage sustainability, environmental qualities, and adaption to potential sea level rise, as it relates to land uses, transportation, infrastructure, housing, including affordable housing and infill development, conservation, recreation and open space, capital improvement, and intergovernmental coordination. This analysis will guide the preparation of a new future land use map and the revision of the LOC and Zoning Map to ensure conformity to the revised Comprehensive Plan. The COMPREHENSIVE PLAN / LOC will be analyzed and weighed against the provisions of the proposed Comprehensive Plan revisions; as will the update to the Zoning Map. The revision will address, but is not limited to, the City's desire to encourage sustainability, environmental qualities, and adaption to potential climate change including, sea level rise, and the following: • Zoning district regulations including clear and precise definitions, review standards, application procedures arid criteria. • The elimination of the Residential/Office district. • The preservation of neighborhood qualities in single family districts. • The buffering of residential districts from those that have or which allow greater density. • The maximization of the Transit Oriented Development and Hometown districts relative to their economic and environmental benefits as compared to the other districts. • The preservation of the Hospital/Medical neighborhood while limiting its span to its current boundaries. • The examination of zoning along main corridors to determine if the current zoning is reflecting the intentions of the Comprehensive plan. • Eliminate outdated, unclear or contradictory language. • Examine parking, sidewalk, landscaping, pervious and signage requirements within the LOC to determine if there are any shortcomings. Note: the consultant must ensure this section of the LDe will 116 Thomas F. Pepe 02·23·15 comply with the requirements of Reed v Gilbert case. • Update zoning to promote "green" building and infrastructure techniques, for example: reduction of parking requirements, site plan review procedures incorporation the new tree protection ordinance, LEED buildings and the encouragement of using solar energy. • Modify zoning in a way that will encourage unique form and design along corridors, protection of single family districts and enhancing vibrant and efficient urban neighborhoods. • Review and modify zoning districts to accommodate the changing population, including such things as affordable housing, aging populations, younger populations, and determine the demand and advisability of student housing, etc. • Review the intent of each existing district; revise each to reflect the Comprehensive Plan, and the promotion of sustainable development and eliminate unnecessary districts and propose new districts as warranted. • Include zoning requirements that will encourage pedestrian and bicycle friendly practices, complete streets, and the protection of critical environmental areas, waters, and natural resources. • Transfer of Development Rights including all necessary standards and maps. • Smart and Shared Parking including all necessary standards and maps. Task 4: Annotated Outline It is anticipated that most issues and items of concern will be identified after a thorough review of existing COMPREHENSIVE PLAN I LDC. The consultant will incorporate appropriate tools and policies in rewriting the COMPREHENSIVE PLAN I LDC, so they function easily and are simply understood. It is the City's intent to obtain a user-friendly COMPREHENSIVE PLAN I LDC that are comprehensive in nature. The consultant shall identify and discuss new concepts and approaches for potential inclusion in the draft COMPREHENSIVE PLAN I LDC. The consultant shall prepare an annotated outline that includes a chapter by chapter detailed description of the proposed COMPREHENSIVE PLAN I LDC, and a commentary . explaining the rationale for the recommended approach. The annotated outline shall include recommendations for potential revisions to the City's Zoning Map and Future Land Use Map. The consultant shall present the annotated outline to City staff, and subsequently the Planning Board and City Commission, and others for review and comment. After obtaining general agreement on the contents of the initial draft of the 117 annotated outline, the consultant shall provide the City with a final annotated outlined based on the comments received. Task 5: Draft Regulations The consultant will prepare a draft COMPREHENSIVE PLAN I LDC, and shall budget for a minimum of three (3) revisions, that are based on the final annotated outline. After initial review and comments by the City staff, Planning Board, and City Commission the consultant shall propose an approach for soliciting broad-based input from the public. The consultant will be responsible for arranging and facilitating all public meetings. The consultant's proposal shall include the projected number of workshops that will be conducted in order to gather input and complete reviews and revisions of the draft document. Task 6: Final Regulations After City staff, Planning Board, City Commission, and public input, the consultant shall prepare an executive summary of the public hearings. The executive summary will be made available to the general public prior to the public hearing. This material shall be available at least one (I) month in advance of the public hearing. The consultant shall present the final draft of the COMPREHENSIVE PLAN I LDC and maps at scheduled public hearings of the Planning Board and City Commission prior to final adoption. The consultant will explain its contents and respond to questions. III. DELIVERABLES: Thomas F. Pepe 02·23·15 COMPREHENSIVE PLAN I LDC: I. During the project process, consultant must provide sufficient number of copies for staff, Planning and Environmental Review and Protection Boards, the public (within reasonable limits) and key stakeholders. 2. COMPREHENSIVE PLAN I LDC revision -one original unbound copy of final docum~nt, fifteen (15) copies in three ring binder, and a digital copy on compact disc or other acceptable digital format. The documents provided must be OCR searchable. 3. Public meetings, the number of public meetings to be recommended by the consultant, and agreed to by the City. 4. Draft COMPREHENSIVE PLAN I LDC revision presentation to Planning Board and Commissioners. END OF SECTION 118 EXHIBIT#2 SUPPLEMENTAL INSTRUCTIONS AND PROPOSAL FORMAT FOR RESPONDENT "Comprehensive Plan and Land Development Code Revision" RFQ #PL10 16-09 I. Format and Content of RFQ Response Firms responding to the solicitation, shall disclose their qualifications to serve as a consultant for the City in the format set forth below. Failure to provide requested information may result in your proposal being deemed non-responsive and therefore eliminated from further consideration. A. Title Page Show the name of Respondent's agency/firm, address, telephone number, name of contact person, date and the subject: REQUEST FOR QUALIFICATIONS For "Comprehensive Plan and Land Development Code Revisions," RFQ #PL2016-09 B. Table of Contents Include a clear identification of the material by section and by page number. C. Cover Letter and Executive Summary This letter should be signed by the person in your firm who is authorized to negotiate terms, render binding decisions, and commit the firm's resources. Summarize your firm's qualifications and experience to serve as a Consultant, and your firm's understanding of the work to be done and make a positive commitment to perform the work in accordance with the terms of the proposal being submitted. This response should emphasize the strength of the firm in any relevant areas which you feel the City should weigh in its selection, based on the criteria set forth above. This section should summarize the key points of your submittal. Limit to one to four pages. Proposals must include the following. I. Proposer's perception of the problem, based on this RFQ, site visits, review of existing planning documents, and other available information; 2. Detailed work plan/project approach and schedule designed to accomplish the objectives of the proposed project in a timely manner. The City anticipates that this project will be completed within 24 months of execution of a contract and should be divided into two sections (Plan and Code), which may be undertaken concurrently. 3. A list of the executive "and professional personnel that will be employed in the completion of the project and their experience with similar projects, including the percentage of project time projected to be spent by each person; 4. Proposer's experience with projects of a similar scope including a summary of prior work experience and competence in undertaking projects of this type. Experience shown should be of the lead project personnel who will be assigned to the City's Thomas F. Pepe 02-23-15 119 project and will routinely be interfacing with the City. D. Firm Overview State the full legal name and organizational structure of the firm. Describe the ownership structure of your firm. State the location of the office that will be serving the City including mailing address and telephone numbers. a. Name of Firm submitting responding to the solicitation. b. Name and title of individual responsible for the submittal. c. Mailing and e-mail addresses. d. Telephone and facsimile numbers. E. Personnel and References Identify the primary individuals who will provide services to the City with regard to the day- to-day relationship with the City and include a brief resume for each of the primary individuals including licenses and certifications held by those individuals. Provide a list of five clients the firm has worked with in the last 36 months. Indicate the firm's experience with clients within the State of Florida and provide a brief description of the type of services provided as well as the names, titles, addresses and telephone numbers of those primarily responsible for the account. In addition to the day-to-day relationship, please provide information regarding the firm's and individual's experience with engagements which are similar to the project contemplated by the City. Finally, provide specific services required to complete this project, that are provided by your firm, through subcontractors or sub consultants. F. Other Relevant Experience Provide a description of your proposed primary individuals' relevant experience over the last three years with other cities that you believe are relevant to this proposed engagement. Include three case studies, if available, that illustrate experience with relevant services where the proposed primary individuals have served as consultants for similar engagements as proposed by the City detailed in the Scope of Services in this RFQ. Please limit your response to two pages. Thomas F. Pepe 02·23·15 END OF SECTION 120 EXHIBIT #3 "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 Note: The City's Comprehensive Plan and Land Development Code can be accessed through the following links provided below City of South Miami's Current: I. Comprehensive Plan -Please see link below: http://www.southmiamifl.gov/index.aspx?NID= 179 2. Land Development Code -Please see link below: https:llwww.municode.com/library/f1/south_miami/codes/land _ development_code 3. Future Land Use Map; attached as Exhibit #3 4. Zoning Map; attached as Exhibit #3 Thomas F. Pepe 02·23·15 121 South Miami, Florida 2012 FUTURE LAND USE MAP Thlsm~pr I r' ThcSouihMiorni Allinquiri¢' ..:--:..~ MAP LEGEND ~\CityBoundary L.J eRA Boundnry , Single-Family Residelllial (1\vo-SIOry) :] Duplex Residential (Two-SIOry) [] Townholl~e Re~idenlial (Two-Slory) SOD • Mulliple-Fnmily Residential (Four-Story) ~ Residential I Limited Com. Dislriet (1\vo-Slmy) [J Mix.ed-Use Commercial Residential (Four-Slory) • T.O,D.D. (4+4-Slory) • Commercial Retail & Offiee (Two-Slory) "j Residential Office (Two-Slory) D Educational (Four-Story) D Public and Inslitulio",' (P,",-SlnlY) II Parks am.! Open Space • Hospihll [3 , -~-- -~--~ ... ~ '" : ~ y! -; i:-----;--".: . ~,,;., '-I. =-~,,~-~ ~ 1 f H i .~. -i -I ,i ~ ~(~ I /" ~ 1 ,.~+.i+';> 1 ,'" 7~:., \\\1 .,~..r HI .. ,. i .I ... ""-1 ~~Ji'!11 ~'.:.-'.!'''''''-: ~ ~" ...... -"", ~~~~~ii ~cc'~-... :1 I ! ~·--·I· ~ ......... "" .. ) "';''';''''';';;";''1 :." -~',:.,""~ ~~: Cit Y of SOU t h Zoning c=J ZanJngBoundarfes ~ Wa!erFeahres c=J SoIihMlamlBolnClary c=J Property Boundaries -IIIIII~: r,'i1JIIIi"JI !,.IIIJIJI"! ~ I _ I~ 1~:~~;i~~~w~;'~?Y-}_~~-: l,t~II"_li .. '-: I ::1":: " ' I ';' I~. -- 001" .. 'I I! ,i.','-! ,-"~,i',_,},, ~~,; I ";.~.:':'''';:''¥''''f':----t70''-:t:: ~' ,~ --, .. , i- "';> -'"Cf 1'1', .'-.' .. ,--. '. ' .-:-- " , ~~ ,h~=-::c~;::;1-" ' ...... " " . . '\ .. ' I" -_ ;,_. ,_0:. , il'l ill-' '-II! 11.I't -~ .. :"'111"--" -~ :;_7..~" / Legend Mol S<m~EsbdeR_ri" 1lS-3 lmf.U"IIyROII<Ionllol lIS.( i5ItIol.F."II1R .... Ir1Il .. 1lS49rlQ1.FnI!1R_ri.r RT~ T"""htu .. Roll:lrilll Rl""""'WIy/T""""", .. RM-11lmf.tJ.,lIyl.Ull-fomily ""'.24_~mDo""!yMIII., .. iI1 RO R"'<lI~OIloo lO ~"liIYonce Mod~","~!"'III,on«l Nil N"~ __ R_ SII. SptaoftyR_ TODDT .. "",Orionlodo.-.lopmnDlolrld TOCID(M.I-4Ir.bodUH. TOOO(I.tJ~IM>c"'UH5 TODO(tJ..I)Ughl~4 TOoO(PI) PuIIIoI-..ronol TOOD(FII)_"R.,._ PUI).MHo~1:II _HP.OVHIIO"'_"'DwrI., IiiiIHD<lYHomol"",nDitiOctOvorlo, Rcs.ov co..."..,IIySrkeo-\oy Updated: 9/3/2013 Map Mia m i ' . . --.. ~.~- --... ~ .... - Made by II ~ , . .... '>-.. ,~ .. .~ EXHIBIT #4 Insurance & Indemnification Requirements "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 Insurance Requirements Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or Thomas F. Pepe 02-23-15 124 disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1 ,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: Thomas F. Pepe 02-23-15 125 • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors/Consultants (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Inj!Jry Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella 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 with the state of Florida, and must include: Thomas F. Pepe 02-23-15 126 (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as required by the General Contractor, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and sha,1I also cover the interests of all Subcontractors performing Work. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. Thomas F. Pepe 02-23-15 127 Miscellaneous: If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT, if any, certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must Thomas F. Pepe 02·23·15 128 remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: A policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bQdily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; A policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance Thomas F. Pepe 02-23-15 129 shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Contractor's Responsibility Prior to Receiving a Notice to Proceed Prior to the City issuing a Notice to Proceed, the contractor shall deliver a copy (either hard copy or, preferably, electronically) of the policy, including the declaration page of the policy and all endorsements to the policy and provide the City with the name, address, including email address, and phone number of the contractor's insurance agent. The Contractor's insurance agent must provide the City with evidence that the insurer issuing the policy is licensed and authorized to do business in Florida, that the form of the policy being issued has been approved by the State of Florida and that the insurance carrier that is issuing the policy is not issuing the policy as a surplus lines carrier. The agent shall also provide a citation to the page number of the policy, or the form number of the endorsement, and highlight the relevant language of the portion of the policy and/or the endorsements that, in his or her estimation, meets the following City insurance requirements: a) the city is an additional insured; b) coverage includes contractual liability; c) the City will be provided at least 10 days advanced notice of any cancellation of the policy, including cancelation for non-payment of premium, and at least 30 days' advanced notice of any material changes to the policy or of cancellation for any reason other than non-payment; and Thomas F. Pepe 02·23·15 130 d) either a policy provision or an endorsement providing that the policy is primary and non- contributory, such as an endorsement that provides that the vendor's policy is primary over all of the city's applicable insurance and that treats the city's policies as excess coverage. It may be that some of these provisions are combined into one endorsement or contained in the policy itself. If the policy does not have a provision or endorsement that provides the City with advanced notice of cancellation as required by the City, the contractor may still comply with the City's insurance requirement if the contractor provides the City with proof that the policy premium has been paid in full and provided the contractor makes arrangements with its , insurance company to allow the City to confirm, monthly, that the policy is in full force and effect. In addition, the Contractor must either pay the City a monthly monitoring fee, currently set at $25 per month, or have the amount deducted from the Contractor's draws/payments. Indemnification Requirement· A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or follOWing any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, Thomas F. Pepe 02-23-15 131 affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall. pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its Thomas F. Pepe 02·23·15 132 contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Sectiol) 725.08 (I), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, i~ to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pepe 02·23·15 END OF SECTION 133 EXHIBIT #5 Evaluation and Selection Criteria "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 Scoring and Ranking Phase I -Competitive Selection-Ranking; maximum 100 points. Consultant submittals shall be evaluated by the City. Respondents deemed as best suited and qualified shall be selected by a Selection Committee of at least three (3) City representatives for discussion and/or presentations, ranking and subsequent negotiations with the highest ranked consultant. The evaluation factors used for determining qualifications for ranking include: • Staff Experience and Team Organization: The ability of professional personnel, including the employees or principals of the firm; sub consultants (if any) and, pertinent training, skills, experience and references. Firms with in-house specialties as it relates to the scope of services and who have comparable project experience with other municipalities, cities or County governments for similar projects, will be granted a higher score. (Max. 40 points) • Project Approach: Completeness and clarity of the proposer's approach and detailed work plan to the project, and the ability of the approach to accomplish the City's overall objectives. (Max. 30 points) • Commitment to Timelines and Budgetary Considerations: Respondent's ability to meet agreed upon City timelines and budgetary considerations based on the current and projected workload of the firm. (Max. 30 points) Phase " -Competitive Negotiations. Submittals will be evaluated by a Selection Committee. A ranking of all respondents or short- listed respondents will be determined by the Selection Committee. The Selection Committee may schedule interviews and/or presentations with the "short-list" respondents or, any respondents. A final ranking of all firms or short-listed firms will be submitted to the City Manager for review and approval. Once the City Manager has, approved the final ran kings, negotiations with the first ranked firm will be initiated. If those negotiations are unsuccessful, negotiations will be opened with the next ranked firm, etc., until the successful completion of negotiations and execution of contracts. The City reserves the right to reject any or all proposals, to further negotiate any proposals, to request clarification of information submitted in any submittal to request additional information from any proposer, and to waive any irregularities in any proposal. Thomas F. Pepe 02·23·15 END OF SECTION 134 EXHIBIT #6 PROFESSIONAL SERVICE AGREEMENT "Comprehensive Plan and Land Development Code Revision" RFQ #PLlO 16-09 THIS AGREEMENT made and entered into this day of • 20_ by and between the City of South Miami. a political subdivision of the State of Florida (hereinafter referred to as Owner) by and through it is City Manager (hereinafter referred to as City) and ________________ ....;authorized to do business in the State of Florida. hereinafter referred to as the "CONSULTANT". In consideration of the premises and the mutual covenants contained in this AGREEMENT. the City of South Miami. through its City Manager. agrees the following terms and conditions: 1.0 General Provisions I. I A Notice to Proceed will be issued by the City Manager. or his designee. following the signing ofthis AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the Owner other than the work described in the Notice to Proceed (hereinafter referred to as the "WORK"). nor does it obligate the Owner in any manner to guarantee work for the CONSULTANT. 1.2 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed under this AGREEMENT promptly after the issuance of the Notice to Proceed. 2.0 Time for Completion 2.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time based on reasonable determination. stated in the said Notice to Proceed. 2.2 A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT. change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 3.0 Basis of Compensation: The fees for services of the CONSULTANT shall be determined by one of the following methods or a combination thereof. as mutually agreed upon by the CITY and the CONSULTANT. a. A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an agreement is reached. it shall be in writing. signed by the CONSULTANT and attached hereto as ATTACHMENT A: b. Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum. the CITY agrees to pay. and the CONSULTANT agrees to accept, for the services rendered pursuant to this AGREEMENT. fees in accordance with the following: Hourly Rate Hourly rates will include all wages. benefits. overhead and profit and it shall be in writing. signed by the CONSULTANT and attached hereto as ATTACHMENT A. 4.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment as set forth in AITACHMENT "TBA" or. if no schedule of payment exhibit is attached to this Agreement then payment will be made. 30 days following Thomas F. Pepe 02·23·15 135 the receipt of CONSULTANT's invoice, as the work progresses but only for the work actually performed. 5.0 Ri~ht of Decisions.. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgment of the representative as to any decisions made by him, he shall present his written objections to the City Manager and shall abide by the decision of the City Manager. 6.0 Ownership of Documents. All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property ofthe CITY without restriction or limitation in connection with the owner's use and occupancy of the , project. 7.0 Audit Ri~hts. The CITY reserves the right to audit the records of the CONSU L TANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 8.0 Subletting. The CONSULTANT shall not assign or transfer its rights under this Agreement without the express written consent of the City. The City will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT's rights. The City may, in its sole discretion, allow the CONSULTANT to assign its duties, obligations and responsibilities provided the assignee meets all of the City's requirements to the City's sole satisfaction. The CONSULTANT shall not subcontract this Agreement or any of the services to be provided by it without prior written consent of the City. Any aSSignment or subcontracting in violation hereof shall be void and unenforceable 9.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The City reserves the right at its discretion, but does not assume the obligation, to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the City including persons employed by any independent contractor. By reserving this right the City does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 10.0 Warranty. 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 contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 11.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY may terminate this agreement by written notice to CONSU L T ANT, and in either event the CITY's sole obligation to the CONSULTANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time subsequent to date of termination for which no work was performed. 12.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. The term shall not exceed a Thomas F. Pepe 02-23-15 136 term of five (5) consecutive years weeks following the issuance of the Notice to Proceed. 13.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT. the aggrieved party may declare the other party in default and notify the defaulting party in writing. If CITY is in default. the CONSU L T ANT will only be compensated for any completed professional services and CONSULTANT shall not be entitled to any consequential or delay damages. In the event partial payment has been made for such professional services not completed. the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof. each party shall bear its own costs and legal fees. 14.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in ATTACHMENT B to this AGREEMENT. 15.0 A:reement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 16.0 Codes. Ordinances and Laws. The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal. County. state and federal codes. ordinances. rules. regulations and laws in effect at the time of design which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete and sign all affidavits. including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a). as required by the Request for Qualifications applicable to this AGREEMENT. 17.0 Taxes. CONSULTANT shall be responsible for all payments of federal. state. and/or local taxes related to the Work, inclusive of sales tax if applicable. 18.0 Drug Free Workplace. CONSULTANT shall comply with CITY's Drug Free Workplace policy which is made a part of this AGREEMENT by reference. 19.0 Independent Contractor. CONSULTANT is an independent entity under this AGREEMENT and nothing herein shall be construed to create a partnership. joint venture. or agency relationship between the parties. 20.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws. rules. regulations. and health and safety standards of the federal. state. and City. which may be applicable to the service being provided. 21.0 Licenses and Certifications. CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 22.0 Entire Agreement. Modification. and Binding Effect: This Agreement constitutes the entire agreement of the parties. incorporates all the understandings of the parties and supersedes any prior agreements. understandings. representation or negotiation. written or oral. This Agreement may not be modified or amended except in writing. signed by both parties hereto. This Agreement shall be binding upon and inure to the benefit of the City and CONSULTANT and to their respective heirs. successors and assigns. No modification or amendment of any terms or provisions of this agreement shall be valid or binding unless it complies with this paragraph. This agreement, in general. and this paragraph. in particular. shall not be modified or amended by acts or omissions of the parties. If this Agreement was required by ordinance or the City Charter to be approved by the City Commission. no amendment to this Agreement shall be valid unless approved by the City Commission. 23.0 lury Trial. CITY and CONSULTANT knowingly.· irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action. proceeding. lawsuit or counterclaim arising out of the this AGREEMENT or the performance of the Work thereunder. 24.0 Validity of Executed Copies. This AGREEMENT may be executed in several counterparts. each of which may be construed as an original. 25.0 Rules of Interpretation: Throughout this agreement the pronouns that are used may be substituted for male. female or neuter. whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 26.0 Severability. If any term or provision of this AGREEMENT or the application thereof to any Thomas F. Pepe 02-23-15 137 person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 27.0 Cumulative Remedies: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by the Contract Documents and the rights and remedies available to the City hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Contract Documents. In order to entitle any party to exercise any remedy reserved to it in this Agreement, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. 28.0 Non-Waiver. City an.d CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this Agreement on the part of either party shall operate as a waiver of any right. power, or privilege under this Agreement. No waiver of this Agreement, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this Agreement. Any waiver of any term, condition or provision of this Agreement will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this agreement as to' any particular breach or default shall not act as a waiver of any subsequent breach or default. 29.0 No Discrimination and Equal Employment: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices. Thus, all individuals and entities seeking to do work for the City are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this Agreement the CONSU L TANT hereby certifies under penalty of perjury, to the City, that CONSULTANT is in compliance with all applicable regulations and laws governing employment practices. 30.0 Governing Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 31.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if required by CITY's Charter to be approved by said Commission, and the effective date shall be the date of its execution by the last party so executing it or date of approval by City Commission, whichever is later. Thomas F. Pepe 02·23·15 138 32.0 Third Party Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 33.0 Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the AGREEMENT. 34.0 Time of Essence. Time is of the essence of this AGREEMENT. 35.0 Interpretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 36.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 37.0 Subcontracting: lfallowed by this Agreement, the CONSULTANT shall be as fully responsible to the City for the acts and omissions of its subcontractors as it is for the acts and omissions of people directly employed by it. All subcontractors and subcontractor agreements, if allowed by this Agreement, must be approved by the City. The CONSULTANT shall require each subcontractor, who is approved by the City, to agree in the subcontract to observe and be bound by all obligations and conditions of this Agreement to which CONSULTANT is bound. 38.0 Public Records: CONSULTANT and all of its subcontractors are required to comply with the public records law (s.119.070 I) while providing goods and/or Services on behalf of the CITY and the CONSULTANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. Under such condition, CONSULTANT and its subcontractors are specifically required to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform its obligations hereunder; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and.at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the CONSULTANT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. If CONSULTANT or its subcontractor does not comply with a public records request, the CITY shall have the right to enforce this contract provision by specific performance and the person who violates this provision shall be liable to CITY for its costs of enforcing this provision, including attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate proceedings. In addition, the CONSULTANT shall indemnify the City for all cost and expense incurred by the City, including attorney fees, due to the failure of the CONSU L TANT or any of its subcontractors for failure to timely comply with this section of the Agreement. Notices. Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not e considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: Thomas F. Pepe 02-23-15 139 To CITY: With copies by U.S. mail to: City Attorney To CONSULTANT: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: salexander@southmiamifl.gov 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov Corporate Authority: The CONSULTANT and its representative who signs this Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Agreement and to assume the responsibilities and obligations created hereunder; and that this Agreement is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSU L TANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. IN WITNESS WHEREOF, this AGREEMENT is accepted on the date first above written subject to the terms and conditions set forth herein. ATTESTED: By: _________ __ Maria M. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution thereof: By: _________ ___ Thomas F. Pepe, Esq. City Attorney Thomas F. Pepe 02-23-15 CONSULTANT By: _________ _ (Print Name Above) City of South Miami By: ___________ _ Steven Alexander City Manager 140 Thomas F. Pepe 02-23-15 PROFESSIONAL SERVICE AGREEMENT "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 Attachment A "Fixed Fee Schedule/Hourly Rates" 141 Thomas F. Pepe 02-23-15 ATTACHMENT B PROFESSIONAL SERVICE AGREEMENT "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 16-09 Insurance & Indemnification Requirements (Same as Exhibit #4 from the RFQ) END OF SECTION 142 EXHIBIT #7 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) The following procedures shall be used for resolution of protested solicitations and awards. The word "bid", as well as all of its derivations, shall mean a response to a solicitation, including requests for proposals; requests for a letter of interest and requests for qualifications. (a) Protest of solicitation. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days after. A notice of intent to file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt. (b) Contents of protest. A protest of the solicitation or award must be in writing ("Protest Letter") and submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of protest. Protest Letter is considered filed when the Protest Letter and the required filing fee are received by the City Clerk's office bye-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt. The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. (c) Computation of time. No time will be added to the above time limits for service by mail. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. (d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge the City's determination of what is in the City's best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. (e) Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of the written protest. Said recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City Manager may then, submit a recommendation to the City Commission for approval or disapproval of the protest, resolve the protest without submission to the City Commission, or reject all proposals. (f) Stay of procurement during protests. Upon receipt of a timely and proper written protest filed pursuant to the requirements of this section, the City shall not proceed further with the Thomas F. Pepe 02-23-15 143 solicitation or with the award of the contract until the protest is resolved by the City Manager or the City Commission as provided in subsection (f) above, unless the City Manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. Thomas F. Pepe 02·23·15 END OF DOCUMENT 144 Project Name: RFQ NO. Date: Sent: THE CITY OF PLEASANT LIVING ADDENDUM No. #1 Comprehensive Plan and Land Development Code Revision PL2016-09 April 5, 2016 Fax/E-mail/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Solicitation, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question # 1 : The City issued this RFP several months ago and subsequently threw out all of the bids. Why were none of the bids accepted? Response to Question # 1 : All bids received from the previous RFQ were rejected by the City Manager to revise and clarify certain items. The major items were; the project timeline, tasks performed by the consultant to complete the project, deliverables, and the overall project budgeted amount which includes mUltiple budget years. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FORA SPECIFIC SOLICITATION. Page 1 ofl 145 PROFESSIONAL SERVICE AGREEMENT "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 1 6-09 THIS AGREEMENT made and entered into this day of , 20_ by and between the City of South Miami, a municipal corporation of the State of Florida (hereinafter referred to as. Owner) by and through it is City Manager (hereinafter referred to as City) and Calvin, Giordano & Associates, Inc. (CGA) authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT". In consideration of the premises and the mutual covenants contained' in this AGREEMENT, the City of South Miami, through its City Manager, agrees the following terms and conditions: 1.0 General Provisions 1.1 A Notice to Proceed will be issued by the City Manager, or his designee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the Owner other than the work described in Notice to Proceed (hereinafter referred to as the "WORK"), nor does it obligate the Owner in any manner to guarantee work for the CONSULTANT. 1.2 The CITY agrees that it will furnish to the CONSULTANT all necessary and available plans, maps and ordinances in the possession or control of the CITY pertaining to the WORK to be performed under this AGREEMENT promptly and upon request of the CONSULTANT after the issuance of the Notice to Proceed. 2.0 Scope of Services The scope of services shall be as set forth in the solicitation documents or as set forth in attached Attachment A 3.0 Time for Completion 2.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time based on reasonable determination, stated in the said Notice to Proceed or as otherwise agreed to in writing and signed by the parties to this Agreement. 2.2 A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of its duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. a. A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an agreement is reached, it shall be in writing, signed by the CONSULTANT and attached hereto as ATTACHMENT A: b. Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the Thomas Pepe 20 16 06/24/2016 CONSULTANT agrees to accept, for the services rendered pursuant to this AGREEMENT, fees in accordance with the hourly rates that shall include all wages, benefits, overhead and profit and it shall be in writing, signed by the CONSULTANT and attached hereto as ATTACHMENT A. 5.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth in ATTACHMENT A schedule of payment or, if no schedule of payment is attached to this Agreement then payment will be made, 30 days fdllowing the receipt of CONSULTANT's invoice, as the work progresses but only for the work actually performed. 6.0 Right of Decisions.. All services shall be performed by the CONSULTANT to the satisfaction of· the Owner's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value. The representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgment of the representative as to any decisions made by him, CONSULTANT shall present his written objections to the City Manager and shall abide by the decision of the City Manager. 7.0 Ownership of Documents. All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation. . 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Subletting. The CONSULTANT shall not assign or transfer its rights under this Agreement without the express written consent of the City. The City will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT's rights. The City may, in its sole discretion, allow the CONSULTANT to assign its duties, obligations and responsibilities provided the assignee meets all of the City's requirements to the City's sole satisfaction. The CONSULTANT shall not subcontract this Agreement or any of the services to be provided by it without prior written consent of the City. Any assignment or subcontracting in violation hereof shall be void and unenforceable 10.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. This applies to any sub- CONSULTANTs used by the CONSULTANT as well. The City reserves the right at its discretion, but does not assume the obligation, to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the City including persons employed by any independent contractor. By reserving this right the City does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 11.0 Warranty. The CONSULTANT warrants that it has not employed or retained Thomas Pepe 20 16 06/24/2016 any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 12.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason, or no reason, and without penalty, by either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY may terminate this agreement by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULTANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination., Upon termination, the CITY shall be entitled to a refund of any monies paid for any work was not performed. 13.0 Term. The initial Contract shall commence on the date set forth in the Notice to Proceed and shall continue for a period of four (4) years with an opportunity for the City to extend the Contract, at the City Manager's discretion, for one (1) additional one (1) year renewal period, for a term not to exceed five (5) consecutive years, at the same terms, conditions and prices. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. 14.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSULTANT will only be compensated for any completed professional services and CONSULTANT shall not be entitled to any consequential or delay damages. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof, each party shall bear its own costs and legal fees. 15.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in ATTACHMENT B to this AGREEMENT. 16.0 Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 17.0 Codes, Ordinances and Laws. The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal; County, state and federal codes, statutes, ordinances, rules, regulations and laws which have a direct bearing on the WORK involved on this project. The CONSUL TANT is required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the solicitation applicable to this AGREEMENT. 18.0 Taxes. CONSULTANT shall be responsible for payment of all federal, state, and/or local taxes related to the Work, inclusive of sales tax if applicable. 19.0 Drug Free Workplace. CONSULTANT shall comply with CITY's Drug Free Workplace policy which is made a part of this AGREEMENT by reference. Thomas Pepe 2016 06/24/2016 20.0 Independent Contractor. CONSULTANT is an independent entity ,under this AGREEMENT and nothing contained herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 21.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, of the federal, state, and City, which may be applicable to the service being provided. 22.0 Licenses and Certifications. CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 23.0 Entire Agreement, Modification, and Binding Effect: This Agreement constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, whether written or oral. This Agreement may not be modified or amended except in writing, signed by both parties hereto. If this agreement is required to be approved by the City Commission, then upon approval by resolution of the City Commission, the City Commission shall be deemed to be a party hereto. This Agreement shall be binding upon and inure to the benefit of the City of South Miami and CONSULTANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this agreement shall be valid or binding unless it complies with this paragraph. This agreement, in general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of the parties. If this Agreement was required by ordinance·or the City Charter to be approved by the City Commission, no amendment to this Agreement shall be valid unless approved by the City Commission. 24.0 Jury Trial. CITY and CONSULTANT knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder. 25.0 Validity of Executed Copies. This AGREEMENT may be executed in several counterparts, each of which shall be construed as an original'. 26.0 Rules of Interpretation: Throughout this agreement the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 27.0 Severability. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be deemed to be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances, other than those to which it is held invalid or unenforceable, shall not be affected thereby and each and every other term and provision of this AGREEMENT shall be valid and . enforceable to the fullest extent permitted by law. 28.0 Cumulative Remedies: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by the Contract Documents, if any, and this AGREEMENT and the rights and remedies available to the City hereunder, shall Thomas Pepe 20 16 06/24/2016 be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Contract Documents, if any, or this AGREEMENT. In order to entitle any party to exercise any remedy reserved to it in this Agreement, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right . or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. 29.0 Non-Waiver. City and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this Agreement on the part of either party shall operate as a waiver of any right, power, or privilege under this Agreement. No waiver of this Agreement, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this Agreement. Any waiver of any term, condition or provision of this Agreement will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this agreement as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 30.0 No Discrimination and Equal Employment: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for . employment on the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices in general. Thus, all individuals and entities seeking to do work for the City are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this Agreement the CONSULTANT hereby certifies under penalty of perjury, to the City, that CONSULTANT is in compliance with all applicable regulations and laws governing employment practices. 31.0 Governing Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Thomas Pepe 20 1 6 0612412016 Miami-Dade County, Florida. 32.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is required by CITY's Charter or City Ordinance, and the effective date shall be the date of its execution by the last party so executing it. 33.0 Third Party Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 34.0 Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of this AGREEMENT. 35.0 Time of Essence. Time is of the essence of this AGREEMENT. 36.0 Interpretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 37.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 38.0 Subcontracting: If allowed by this Agreement, the CONSULTANT shall be as fully responsible to the City for the acts and omissions of its subcontractors/subconsultants as it is for the acts and omissions of people directly employed by it. All subcontractors' and subconsultants' agreements, if allowed by this Agreement, must be approved by the City. The CONSULTANT shall require each subcontractor, who is approved by the City, to agree in the subcontract to observe and be bound by all obligations and conditions of this Agreement to which CONSULTANT is bound. 39.0 Public Records: CONSULTANT and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONSULTANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the access to public records to be inspected or copied within a reasonable time on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) 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 contract term and following completion of the contract if the CONSULTANT does not transfer the records to the public agency; (d) Upon completion of the contract, Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the CONSULTANT or keep and maintain public records required by the public Thomas Pepe 2016 06/24/2016 agency to perform the service. If the CONSULTANT transfers all public records to the public agency upon completion of the contract, the CONSULTANT shall upon Termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from . public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663- 6340; E-mail: mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. 40.0 Notices. Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsirl)ile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e- mail) or facsimile transmission numbers set forth below: To CITY: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: salexander@southmiamifl.gov With copies to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov To CONSULTANT: Shelley Eichner, Principal in Charge Calvin, Giordano & Associates, Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 E-mail: Seichner@cgasolutions.com Fax: (954) 921-8807_ 41.0 Corporate Authority: The CONSULTANT and its representative who signs this Agreement hereby certifies under penalty of perjury that the CONSULTANT and Thomas Pepe 2016 06124/2016 its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Agreement and to assume the responsibilities and obligations created hereunder; and that this Agreement is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. IN WITNESS WHEREOF, this AGREEMENT is accepted and subject to the terms and conditions set forth herein. ATTESTED: By: Maria M. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution thereof: By: ____________________ _ Thomas F. Pepe, Esq. City Attorney Thomas Pepe 201 6 06/24/2016 CONSULTANT By: __________________ __ Shelley Eichner, AICP City of South Miami By: Steven Alexander City Manager ATTACHE ME NT A "Comprehensive Plan and Land Development Code Revision" RFQ #PL20 1 6-09 SCOPE OF SERVICES City of South Miami -Comprehensive Plan and Land Development Code Revisions TASK 1 -Kick-Off Meeting and Review of Existing Planning Documents, Regulations and Initiatives In order to accomplish the services required, CGA staff will meet with City Staff to finalize the work program. The project schedule and timelines as well as milestones and benchmarks will be determined. The overall work plan and schedule will take into consideration timeframes to: • Provide notice of public outreach meetings, • Review drafts with City staff, including legal staff, • Update drafts based on public input; and • Provide adequate legal notice for the Planning Board and the City Commission. CGA will review the City's existing Comprehensive Plan and Land Development Code, as well as the plans relating to all applicable agencies. These documents will be reviewed to form the basis of the plan elements. TASK 2 -Public Participation 2.1 Public Outreach CGA envisions holding a series of workshops which may involve a weekend intensive session over a 2- day period or spread out over 1-2 week intervals or more as desired by the City. Invitations to the workshops will be broad based and include outreach to residents, homeowners associations, business owners and managers, land owners, contractors, and other members of the community. CGA will assist the City with advertisements including a general postcard mailing, flyers and announcements on City agendas, postings to the project website portal and any social media sites the City utilizes to reach out to its citizens. The purpose of the workshops will be to discuss and receive public input on the key local planning issues that may need to be addressed in the Comprehensive Plan as well as any challenges in implementing modification to the Land Development Code. At the beginning of each workshop, the CGA Team along with City staff will prepare a presentation explaining the purpose and need for the Comprehensive Plan in order to begin the discussion and elicit input from the attendees. Depending on the topics, a number of different public involvement types could be employed. Through our experiences, a SWOT Analysis (Strengths, Weaknesses, Opportunities and Threats) tends to work well to fully gather all input. Depending on the size of the group, several different methodologies could be used. If there is a large and diverse group, the audience will then be directed to join one of the smaller groups for a facilitated discussion of issues that pertain to them. A CGA and/or City staff member will facilitate each group and write their comments and issues on an easel pad. After this 20 minute breakout session, each group will report on what they have written on their easel pads. Another format is to keep the group together and use hand held voting devices that will be distributed to all in attendance to gauge the public's opinions and concerns. This will allow each attendee to have their opinion count in an anonymous fashion and give rise to further discussions. 2.2 Individual and Group Interviews CGA will meet with select City staff, members of the Planning Board and Environmental Review and Preservation Board members and members of the City Commission to understand the issues/concerns with the Comprehensive Plan as a gUide to implement a new Land Development Code and Zoning map. 2.3 Design, Host and Maintain Website In coordination with City staff, CGA will design, host and maintain a dedicated website portal throughout the update process. Site content will include basic information and interior pages such as an "About the Project" Thomas Pepe 20 I 6 06/24/2016 page "Frequently Asked Questions (FAQ)" and a "Contact Us" page where enquiries regarding the project can be submitted, all linked to the City's website. Deliverables o Attendance at 4 Public Outreach meetings o Attendance at 19 interviews with Board members and Commissioners o Presentation Materials o Meeting Minutes o Draft and final memorandum summarizing results of public o Materials for City's website including text, photographs, maps, renderings, and other images. o Digital Meeting Notices (email blast from dedicated web page, city email/notification system, etc.) TASK 3 -Comprehensive Plan/LDC and Related Reviews 3.1 Comprehensive Plan The review of the Comprehensive Plan will include an analysis of the changes that have taken place in the South Miami developed environment since the last revision to the Comprehensive Plan and the (DC. The review will take into consideration changes to State Statutes, specifically Chapter 163 F.S., and other baseline data as well as gather current information from a variety of sources ·and agencies. The review will analyze existing land use and socioeconomic patterns necessary to provide sufficient understanding on which to reflect future growth management practices including the City's desire to encourage sustainability, environmental' qualities, and adaption to potential sea level rise, as it relates to land uses, transportation, infrastructure, housing, including affordable housing and infill development, conservation, recreation and open space, capital improvement, and intergovernmental coordination. The review will include an evaluation of potential land use changes in relation to the current land use designations and existing uses and will include an evaluation of major property holdings, development regulations, public amenities, including parks and open space, infrastructure, circulation and transportation. 3.2 Land Development Code The Land Development Code will be analyzed and weighed against the provlSlons of the proposed Comprehensive Plan revisions. The revision will address, but is not limited to, the City's desire to encourage sustainability, environmental qualities, and adaption to potential climate change including, sea level rise, and the following: • Zoning district regulations including clear and precise definitions, review standards, application procedures and criteria. • The elimination of the ResidentialjOffice district. • The preservation of neighborhood qualities in single family districts. • The buffering of residential districts from those that have or which allow greater density. • The maximization of the Transit Oriented Development and Hometown districts relative to their economic and environmental benefits as compared to the other districts. • The preservation of the HospitaljMedical neighborhood while limiting its span to its current boundaries. • The examination of zoning along main corridors to determine if the current zoning is reflecting the intentions of the Comprehensive plan. • Eliminate outdated, unclear or contradictory language. • Examine parking, sidewalk, landscaping, pervious and signage requirements within the LDC to determine if there are any shortcomings. • Update zoning to promote "green" building and infrastructure techniques including possible reduction of parking requirements, updated site plan review procedures, incorporating the new tree protection ordinance, LEED buildings and the encouragement of using solar energy. Thomas Pepe 2016 06/24/2016 • Modify zoning in a way that will encourage unique form and design along corridors, protection of single family districts and enhancing vibrant and efficient urban neighborhoods. • Review and modify zoning districts to accommodate the changing population, including such things as affordable housing, aging populations, younger populations, and determine the demand and advisability of student housing, etc. • Review the intent of each existing district and revise as necessary to reflect the Comprehensive Plan, and the promotion of sustainable development and eliminate unnecessary districts and propose new districts as warranted. • Include zoning requirements that will encourage pedestrian and bicycle friendly practices, complete streets, and the protection of critical environmental areas, waters, and natural resources. • Transfer of Development Rights • Smart and Shared Parking Deliverables o Preliminary list of potential changes to Comprehensive Plan and land Development Code o Preparation of a draft future land use map and proposed revision of the Zoning Map based on list of possible modifications Task 4 -ANNOTATED OUTLINE In order to update the Land Development Regulations and the Comprehensive Plan, CGA will prepare the annotated outline with a chapter by chapter and element by element description. The outline will provide links to code and Comprehensive Plan sections and matrices that offer side by side comparisons of the changes. This comparison chart will provide the user with a quick explanation of the code modifications and act as a user guide for the document. The annotated outline will also highlight any inconsistencies between the Comprehensive Plan and the Land Development Code and recommended changes to remove the inconsistencies. The final annotated outline will include all comments and related revisions from st.aff, Board Members and Commissioners. Deliverables o Annotated Outline/Matrix o Recommendations for potential revisions to the land Use and Zoning maps Task 5 -Draft Regulations CGA will prepare a draft Comprehensive Plan and Land Development Code that are based on the final annotated outline. The update to the Comprehensive Plan and Land Development will be a culmination of previous tasks which include an existing conditions analysis, stakeholder interviews, analysis of regulations and planning issues, and public input received through the community outreach effort. CGA will prepare a working draft of proposed goals, objective and policies and supporting data and analysis to provide consistency with Chapter 163.3177 Florida Statutes (F.S.) The baseline data will be utilized in developing the data and analysis required to implement the goals, objectives and policies of the plan. The plan will be based on at least the minimum amount of land required to accommodate population projections for at least a 10-year planning period and the elements must be consistent with each other. The Comprehensive Plan will also include a Capital Improvements element to ensure the availability of public facilities and the adequacy of those facilities to meet the established levels of service. After initial review and comments by the City staff, Planning Board, and City Commission a series of workshops will be will be conducted in order to gather input and complete reviews and revisions of the draft Thomas Pepe 20 I 6 06/24/2016 document. During this phase each section will be discussed with the opportunity for modifications, revisions, additions and deletions. It is anticipated that there will be three (3) revisions of the draft regulations and two (2) workshops. Deliverables o Draft Comprehensive Plan and Land Development Code{pdf and word) inclusive of goals, objectives and policies, maps and tables/charts (3 Versions) o Web Page Updates o Updated Annotated Outline o Power Point Presentation () Attendance at 2 Public Workshops o Information for website and social media platform. CGA will provide materials including text, photographs, maps, renderings, and other images for the City's website. o Meeting Minutes; o Hardcopy Meeting Notices (copies, postage and envelopes excluded) o Digital Meeting Notices (email blast from dedicated web page, city email/notification system, etc.) Task 6 -Final Regulations An executive summary outlining the public participation process, revisions, changes and rationale for the draft recommendations will be prepared and made available to the public in advance of any formal public hearings. The final draft of the Comprehensive Plan and Land Development Code will be presented to the Planning Board and City Commission for review and recommendation as part of Final Adoption. Final Deliverables Final deliverables shall include the original format documents as well as PDF versions and will include: o One original unbound copy of final document, fifteen (15) copies in three ring binder, and a digital copy on compact disc or other acceptable digital format. o An Executive Summary of the plan. COMPENSATION SCHEDULE ~;' ID.i\'S'KS " ',' . , . " "" ,,, ~ : ," , ANTICIBA::J1ED ESTIMATED' " ; ,," " ' '" '~~, , '. 1 2 3 ~' , , : . , .. . . : , . Kick-off Meeting with Staff Existing Conditions Review Develop, Host and Maintain Website Public Outreach (4 Workshops/Meetings) Interviews with Elected/Appointed Officials (19) Comprehensive Plan/Land Development Code Review Thomas Pepe 20 16 06124/2016 COMHI.ETiON FEE June 2016 $1,305 July 2016 $17,400 June-July 2016 $11,600 September 2016 $26,100 October 2016 $8,700 December 2016 $23,200 .. 4 5 6 Annotated Outline Draft Regulations (3 versions) Workshops '(2) Executive Summary Final Adoption Presentations (2) TOTAL FEE 8y: __________________ __ Shelley Eichner, AICP Thomas Pepe 2016 06/24/2016 March 2017 $23,200 October 2017 $34,800 January 2018 $13,050 March 2018 $5,800 April-June 2018 $2,900 $168,055 ATTACHMENT B Insurance and Indemnification Insurance Requirements Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM/shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because. of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1 ,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive Thomas Pepe 20 I 6 06/24/2016 than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) I ndependent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella 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 with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as required by the General Contractor, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. Miscellaneous: If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The Thomas Pepe 20 16 06/24/2016 CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT, if any, certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article 1 of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." Professional Liability Insurance on a Florida approved form in the amount of $1 ,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Contractor's Responsibility Prior to Receiving a Notice to Proceed Prior to the City issuing a Notice to Proceed, the contractor shall deliver a copy (either hard copy or, preferably, electronically) of the policy, including the declaration page of the policy and all endorsements to the policy and provide the City with the name, address, including email address, and phone number of the contractor's insurance agent. The Contractor's insurance agent must provide the City with evidence that the insurer issuing the policy is licensed and authorized to do business in Florida, that the form of the policy being issued has been approved by the State of Florida and that the insurance carrier that is issuing the policy is not issuing the policy as a surplus lines carrier. The agent shall also provide a citation to the page number of the policy, Thomas Pepe 2016 06/24/2016 or the form number of the endorsement, and highlight the relevant language of the portion of the policy and/or the endorsements that, in his or her estimation, meets the following City insurance requirements: a) the city is an additional insured; b) coverage includes contractual liability; c) the City will be provided at least 10 days advanced notice of any cancellation of the policy, including cancelation for non-payment of premium, and at least 30 days' advanced notice of any material changes to the policy or of cancellation for any reason other than non-payment; and d) either a policy provision or an endorsement providing that the policy is primary and non- contributory, such as an endorsement that provides that the vendor's policy is primary over all of the city's applicable insurance and that treats the city's policies as excess coverage. It may be that some of these provisions are combined into one endorsement or contained in the policy itself. If the policy does not have a provision or endorsement that provides the City with advanced notice of cancellation as required by the City, the contractor may still comply with the City's insurance requirement if the contractor provides the City with proof that the policy premium has been paid in full and provided the contractor makes arrangements with its insurance company to allow the City to confirm, monthly, that the policy is in full force and effect. In addition, the Contractor must either pay the City a monthly monitoring fee, currently set at $25 per month, or have the amount deducted from the Contractor's draws/payments. Indemnification Requirement A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT .. D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes or shares responsibility or liability for the acts or Thomas Pepe 20 16 06/24/2016 omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas Pepe 2016 06/24/20/6 Sout~iami June 8, 2016 Steven 1. Alexander, City Manager City of South Miami, FL Dear Mr. Alexander: THE CITY OF PLEASANT LIVING The City issued a Request for Qualifications (RFQ) for a "Comprehensive Plan and Land Development Code Revision." Proposals were received from the following firms: 1. Calvin Giordano & Associates 2. . Corradino Group 3. Iler Planning 4. Sol Arch 5. Tindale Oliver A selection committee comprised of Marcus Lightfoot, Senior Planner; Shari Kamali, Deputy City Manager; and I as the Chairperson reviewed each proposal on May 18, 2016 and identified a "short list" of respondents for oral interviews, in accordance with the Evaluation and Selection procedures addressed in the RFQ. Respondents selected for oral interviews were: Calvin Giordano, Corradino Group, Her Planning, and Tindale Oliver. Interviews were held on May 31, 2016. After the interviews were completed, the committee met on June 7, 2016 to score and rank three respondents, eliminating one respondent from further consideration. Based on the Selection Committee's scores and rankings, the highest ranked respondent, Calvin Giordano, is recommended for Phase II of the selection process, contract negotiations. The combined final rankings are below: Selection Committee: FINAL RANKINGS -June 7, 2016 CALVIN CORRADINO ILER GIORDANO GROUP PLANNING Marcus Lightfoot 95 100 85 Shari Kamali 98 98 90 Jane Tompkins 90 60 90 TOTAL 283 258 265 Attached for you review is Calvin Giordano's proposal and the Selection Committee's "short list" and final score sheets. City of South Miami I 6130 Sunset Drive I South Miami, FL 33143-5093 305.663.6338 I southmiamifl.gov RFQ for Comprehensive Plan arid land Development Code Update Selection Committee Recommendation June 8,.2016 Should you require additional infolmation, please let me know. Regards, THE CITY OF PLEASANT liVING Evaluatiol1 Scoring Sheet RFQ Title: Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.southmiamifl.gov "Comprehensive Plan and Land Development Code Revision" RFQ No.: I. 2. 3. Staff Experience and Team Organization: The ability of professional personnel, including the employees or principals of the firm; sub consultants (if any) and, pertinent training, skills, experience and references. Firms with in-house specialties as it relates to the scope of services and who have comparable project experience with other municipalities, cities or County governments for similar projects. will be granted a higher score. (Max. 40 points) Project ARRroach: Completeness and clarity of the proposer's approach and detailed work plan to the project, and the ability of the approach to accomplish the City's overall objectives. (Max. 30 points) Commitment to Timelines and Budgetary Considerations: Respondent's ability to meet agreed upon City timelines and budgetary considerations based on the current and projected workload of the firm. (Max. 30 points) PL20 I 6·09 40 30 3D Page 1 of 1 THEC1TYOFPlEASANT LIVING Evaluation Scoring Sheet Purchasing Division 6130 Sunset Drive . RFQ Title: South Miami, Florida 33143 (305) 663-6339 www.southmiamifl.gov "Comprehensive Plan and Land Development Code Revision" RFQ No.: I. 2. 3. Staff' Experience and Team Organization: The ability of professional personnel, including the employees or principals of the firm; sub consultants (if any) and, pertinent training. skills. experience and references. Firms with in-house specialties as it relates to the scope of services and who have comparable project experience with other municipalities, cities or ~ounty governments for similar projects, will be granted a higher score. (Max. 40 points) Project Approach: Completeness and clarity of the proposer's approach and detailed work plan to the project, and the ability of the approach to accomplish the City'S overall objectives. (Max. 30 points) Commitment to Timelines and Budgetary Considerations: Respondent's ability to meet agreed upon City timelines and budgetary considerations based on the current and projected workload of .the firm. (Max-30 points) PL1016·09 Page 1 of 1 THE<CITYOF PLEASANT LIVING FI tVA"- Evaluation Scoring Sheet Purchasing Division 6 1 3QSunset Drive South Miami, Florida 33 143 RFQ Title: (305) 663-6339 ytWW;southmiamifl.gov "Comprehensive Plan and Land Development Code Revision" RFQ No.: PL2016-09 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria fora total score by proposer. The maximum score total score for each proposer is 100 points. I. 2. 3. Staff Experience and Team Organization: The ability of professional personnel, including the employees or principals of the firm; sub consultants (if any) and, pertinent training, skills, experience and references. Firms with in·house specialties as it relates to the scope of services and who have comparable project experience with other municipalities, cities or County .govemments for similar projects, will be granted a higher score. (Max. 40 points) Project Approach: Completeness and clarity of the proposer's approach and detailed work plan to the project, and the ability of the approach t() accomplish the City's overall objectives. (Max. 30 points) Commitment to Timelines and Budgetary Considerations: Respondent's ability to meet agreed upon City timelines and·budgetary considerations based on the current and projected workload of the firm. (Max. 30 points) Page 1 of 1 412912016 Detail by Entity Name Florida Profit Corporation CALVIN, GIORDANO & ASSOCIATES, INC. Filing Information Document Number FElfEIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 1800 ELLER DR STE 600 M17373 65-0013869 06/27/1985 FL ACTIVE AMENDMENT 03/21/2001 NONE FORT LAUDERDALE, FL 33316 Changed: 04/02/2001 Mailing Address 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Changed: 03/02/2000 Registered Agent Name & Address GIORDANO, DENNIS J 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Name Changed: 0410212001 Address Changed: 03/02/2000 Officer/Director Detail Name & Address Title PCEOD Detail by Entity Name hltp:llsearch,sunbiz,orgllnquiryICorporationSearchlSearchResuIIDetail?inqui rytype= EntityName&directionType=lnitial&searchNameOrder=CALVINGIOR DAN. .. 1/3 4129/2016 GIORDANO, DENNIS J 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Title V EICHNER, SHELLEY 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Title V KENNEDY, KARL 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Title V COOK-WEEDEN, TAMMY 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Title Secretary HOPKINS, DAWN 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Title V WATTS, STEVE 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Title VT GIORDANO, CHRIS 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 Annual Reports Report Year 2015 2015 2016 Document Images Filed Date 01/14/2015 05/07/2015 01/04/2016 01/04/2016 -~ ANNUAL REPORT Detail by Entity Name 05/07/2015 --AMENDED ANNUAL REPORT. __ ,_._.y!~~.i_~~~~".i~_~~~~?!:'!l~! .. _ ... _ http://search.sunbiz.orgllnquiry/CorporationSearchlSearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=CAlVINGIORDAN... 213 4129/2016 Detail by Entity Name 01/14/2015 --ANNUAL REPORT _.q __ .'{i~~!frl.a_9.~._i~~D~_~o.~~~._q_ .... 12122/2014 --AMENDED ANNUAL REPORT View image in PDF format ! ~._ .. _. __ .. _ .• , __ • ___ .,_~. _____ ."""""""""-_____ ._."",.",._,, ...... · .... __ 1 1 0/30/2014 --AMENDED ANNUAL REPORT ~'h"_""'!!~W ~~~!l:~_~~~_!O~~~"h ... __ J 03/20/2014 n AMENDED ANNUAL REPORT "~ .. _. __ .. y_i~~!ma~!_i~ PDF_format _____ ._! 01/09/2014 --ANNUAL REPORT ..... _ ... Y'i~~.~~~~~_!~_~_~_fonnat ___ .. ___ .: 01/04/2013 --ANNUAL REPORT 01/24/2012 --ANNUAL REPORT 03115/2011 --ANNUAL REPORT 02/17/2010 --ANNUAL REPORT 02/25/2009 --ANNUAL REPORT 02/21/2008 --ANNUAL REPORT 04/23/2007 --ANNUAL REPORT 01/20/2006 --ANNUAL REPORT 01/19/2005 --ANNUAL REPORT 07/02/2004 --ANNUAL REPORT 01/27/2003 --ANNUAL REPORT 03113/2002 --ANNUAL REPORT 04/02/2001 --ANNUAL REPORT 03/20/2001 --Amendment 03/02/2000 --ANNUAL REPORT 02/24/1999 --ANNUAL REPORT 01/27/1998 --ANNUAL REPORT 02/10/1997 --ANNUAL REPORT 01/29/1997 --NAME CHANGE 02/06/1996 --ANNUAL REPORT 01/25/1995 --ANNUAL REPORT View image in PDF format ! __ • _.__ ...... _ .. _h ____ ._ ••• __________ •• _. __ .J .. _ .. __ ... ~i~~h~~_~~_~.~~I?F fo~~ .. ____ J View image in PDF format ! __ ._~ ___ ..... ..«--_--I _. _____ Yiew image in PDF format. __ j ______ .~~~ im~~_~~ PDF format ___ . __ J _ ... _ .. ,!ie~J.~.~ge in£?'=.!ormat . ...1 ... ______ Vi~w i~age ~~E~_ f0Ill2.~!._J __ . ___ Vie~~~age in PDF format ___ J View image in PDF format j View image in PDF format View image i~~DF ~_rmat J View image in PDF format i -.. -------~-------' View image in PDF format View image in PDF format View image in PDF format View image in PDF format j View image in PDF format I ----_._,---.-----_.---------' View image in PDF format I ... _ .. _ ...... ______________ . __ J . ____ ._._yi~ imageJ.~DF fo~~ ___ .. _J ___ . ______ View image i~~DF fo~~_J ______ View imag:. in !DF. format _.J http://search.sunbiz.orgtlnquiry/CorporationSearchlSearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=CALVINGIORDAN... 313 2016 FLORIDA PROFIT CORPORATION ANNUAL REPORT OOCUMENT# M17373 Entity Name: CALVIN, GIORDANO & ASSOCIATES,INC. Current Principal Place of Business: 1800 ELLER DR STE 600 . FORT LAUDERDALE, FL 33316 Current Mailing Address: 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 FEI Number: 65-0013869 Name and Address of Current Registered Agent: GIORDANO, DENNIS J 1800 ELLER DR STE 600 FORT LAUDERDALE, FL 33316 US FILED Jan 04, 2016 Secretary of State CC1861598544 Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, In the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer/Director Detail : Title Name Address PCEOD GIORDANO, DENNIS J 1800 ELLER DR STE 600 City-State-Zip: FORT LAUDERDALE FL 33316 Title Name Address V KENNEDY, KARL 1800 ELLER DR STE 600 City-State-Zip: FORT LAUDERDALE FL 33316 Title Name Address SECRETARY HOPKINS, DAWN 1800 ELLER DR STE 600 City-State-Zip: FORT LAUDERDALE FL 33316 Title Name Address VT GIORDANO, CHRIS 1800 ELLER DR STE 600 City-State-Zip: FORT LAUDERDALE FL 33316 Date Title V Name EICHNER, SHELLEY Address 1800 ELLER DR STE 600 City-State-Zip: FORT LAUDERDALE FL 33316 Tille V Name COOK-WEEDEN, TAMMY Address 1800 ELLER DR STE 600 City-State-Zip: FORT LAUDERDALE FL 33316 Title V Name WATTS, STEVE Address 1800 ELLER DR STE 600 City-State-Zip: FORT LAUDERDALE FL 33316 I hereby certify that the information inciiceted on this report or supplemenlal report is lruo and aeeumte ancilhat my olactronic Signature 8holl have Ihe S9me 109BI effect as if mado uncler oath; /hat I am an offloor or director of the aorporolion or too reeeivor or lrustee empowerod to execute Ihis report es required by Chapler 607, Florida Slatules; and Ihal my name appears above, or on an attachment wah all other like empowered. SIGNATURE: DENNIS GIORDANO PRESIDENT 01/04/2016 Electronic Signature of Signing OfficerlDirector Detail Date SUNDAY JULY 3 1016 MIAMIHERALD.COM NEIGHBORS i 29SE CCITY OF SOUTH MIAMI COURTESY NOTICE AND MEETING DATE CHANGE NOTICE IS HEREBY given that the City COlllmission of the City of South Miami. Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, July 12, 2016, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution approving and aUlhorizing the City Manager to execute the June 22, 2016 to September 30. 201'J Agreement between the American Federation (If State, County and Municipal Employees ('"AF~CME"). Local .1294 and the City orSouth Miami. A Resolution authorizing the City Manager to negotiate and enter into an agreement with Brown & Brown of Florida. Inc .. for insurance brokerage service, for an initial term (If three (3) years and one (I) two-year (,ption to renew for a total term of five (5) consecutive years. A Resolution authorizing the Cit.y Manager to c-nt.cr into a three-year agreement witll FPL Fibernet to increase existing internet bandwidth capacity at City Hall. A Resolution authorizing the City Manager to negotiate and enter into a contract, ) for a term not to exceed five (5) consecutive years. with Calvin, Giordano & Associates, Inc. for the completion of thc Comprehensive Plan and Land Development Code revision. An Ordinance Amending the Official Zoning Map, as authorized by Section 20-3.1(C). and other applicable provisions. amending the designation of the Marshall Williamson property located south of SW 64th Terrace approximately between SW 60th Avenue and SW 61 SI Court, from Single-Family Residential District RS-4 to RT-9. An Ordinance Adopting a Small Scale Amendment to the Future Land Usc Map of the Comprehensive Plan, amending the designation of the Marshall Wilhamsnn prnpcrty Incated south (If SW 64th Terrace approximately between SW 60th Avenue and SW 6] st Court. from Single Family Residential ('I\vo-Story) to Tcmnhouse Residential (Two-Story). NOTICE IS HEREBY also given that the regular meeting date of Tuesday, July 5,2015 has been changed 10 Tuesday July 12,2016 ALL interested parties arc invited to attend and will be heard. For further information. "lease contact the City Clerk's Office at: 305-66.,-6340. Mana M. Menendez, CMC City Clerk PurSU311t to Floric1n StahlteS 286.0105, the City herehy ad\'is{'~ the puhlic that if a per~(In derides to appeal any decision made by tIllS Board Ageucy or Commis~lOJI with respect to any matter considered at its meeting or hearing:, he or she will need a record of the prnceedltlgs, and that for such purpose. affected person may need to ensure that a veThatnn record of the prcH~eedings is made which record mcludcs the testimony and C'vidcnc(' upon which the llppeal is to be based. tmffiD Public Notice MIAMI-DADE COUNTY HOMELESS TRUST REQUEST FOR APPLICATIONS (RFA) FOR INCLUSION IN THE 2016 USHUD NOTICE OF FUNDING AVAILABILITY (NOFA), CONTINUUM OF CARE PROGRAMS Miami-Dade County, through the Miami-Dade County Homeless Trust (Homeless Trust), is requesting applications from homeless providers and other qualified entities interested in applying for support services, housing and other eligible activities benefiting the homeless. The projects being sought as part of this solicitation are contingent on the Homeless Trust being awarded funds through a Collaborative Application. Collaborative Applications will be submitted to the United States Department of Housing and Urban Development (USHUD) in response to its Notice of Funding Availability (NOFA). Programs currently funded through the USHUD Homeless Continuum of Care programs with funding expiring in 2017, projects seeking new bonus funding, and providers interested in serving as the new project sponsor for the Partners for Homes program awarded as part of the 2015 NOFA competition must be a part of this competitive process for funding. Copies of the Request for Applications package are available for pick up beginning at 9:30 a.m. June 27, 2016 at: Miami-Dade County Homeless Trust 111 N.W. 1 sl Street, 27th Floor, Suite 310 Miami, Florida 33128 (305) 375-1490 A Pre-Application Workshop will be held on July 5, 2016, beginning at 10:00 a.m. at the Stephen P. Clark Center, 111 NW 1st Street, Miami, FL 33128, 18th floor. room 18-4. Attendance at the Pre-Application Workshop is not required but is strongly recommended. We invite currently funded and new public and private homeless non-profit providers, and government agencies, to review this RFA and apply to renew existing projects or submit an application for a new project(s). A brief Technical Assistance session will be provided for new provider agencies at the conclusion of the Pre-Application Workshop. THIS RFA IS SUBJECT TO THE CONE OF SILENCE, COUNTY ORDINANCE 98-106. In order to maintain a fair and impartial competitive process, the County can only answer questions at the Pre- Application Workshop and must avoid private communications with prospective applicants during the application preparation and evaluation process. Please contact the Homeless Trust if the Request for Application documents are required in an alternative format or language. The deadline for submission of applications is July 28, 2016, at 2:00 p.m. All responses must be received at the Clerk of the Board of County Commissioners on the 17th floor of the Stephen P.Clark Center, 111 N.W.1stStreet, Miami, FL 33128. Miami-Dade County is not liable for any cost incurred by the applicant in responding to the Request for Applications, and we reserve the right to modify or amend the application deadline schedule if it is deemed necessary or in the interest of Miami-Dade County. Miami-Dade County also reserves the right to accept or reject any and all applications. to waive technicalities or irregularities. and to accept applications that are in the best interest of Miami-Dade County. Miami-Dade County provides equal access and opportunity in employment and services and does not discriminate on the basis of age, gender, race or disability. PLEASE NOTE: IF YOU ARE SEEKING AFFORDABLE HOUSING, PLEASE GO TO: hltp:llwww.miamidade.gov/housinq/affordable-housing-resources.asp For legal ads online, go to hltp:lliegalads.miamrdade.gov MIAMI DAILY BUSINESS REVIEW Publrshed Daily except Salurday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI·DADE: Before the undersigned authority personally appeared MARIA MESA, who on 6ath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI -AND MEETING DATE CHANGE- JULY 12, 2016 in the XXXX Court, was published in said newspaper in the issues of 07/0112016 Affiant further says that the said Miami Daily Bwsiness Review is a newspaper published at Miami, in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the ecwring this advertisement for (SEAL) MARIA MESA personally known to me RHONDA M PEL TIER MY COMMISSION t; FF231407 t'XPIRr:S MilY 17 2019 enrv OIF SOUTH tlI'UAMD NOTICE Of PUBLIC HIEARING AND MEETING DATE CHANGE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, July 12,2016, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): ' A Resolution approving and authorizing the City Manager to execute the June 22, 2016 to September 30, 2019 Agreement between the American .Federation of State, County and Municipal Employees ("AFSCME"), Local 3294 and the City Of South Miami. A Resolution authorizing the City Manager to negotiate and enter into an agreement with Brown & Brown of Florida, Inc., for insurance brokerage services for an.initial term of three (3) years and one (1) ..two- year option to renew for a total term of five (5) consecutive years. A F,lesolution authorizing the City Manager to enter into a three-year' agreement with FPL Fibernet to increase existing internet bandwidth capacity at City Hall. ' ( ' A Resolution authorizing the City Manager to negotiate and enter into a contract, for a term not to exceed five (5) consecutive years, with Calvin, Giordano & Associates, Inc. for the completion of the Comprehensive Plan and Land Development Code revision. An Ordinance Amending the Official Zoning Map, as authorized' by Section 20-3:1 (C), and, other applicable prOVisions, amending the designation of the Marshall Williamson property located south of SW 64th Terrace approxirnately between SW 60th Avenue and SW 61 sl Court, from Single-Family Residential District RS-4 to RT-9. An Ordinance Adopting a Small Scale Amendment to the Future Land Use Map of the Comprehensive Plan, amending the designation of the Marshall Williamson property located south of SW 64th Terrace approximately between SW 60th Avenue and SW 61st Court, from Single Family Residential (Two-Story) to Townhouse Residential (Two-StorY). NOTICE IS HEREBY also given that the regular meeting date ofTuesday, July 5, 2015 has been changed to Tuesday July 12, 2016 A,LL interested parties are ihvited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with ,respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person 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. 7/1 16-106100001 ?fl017M )