Resolution No CRA 28-19-1114RESOLUTION NO. CRA 2 8 —19 —1 114
A Resolution Amending Resolution No. CRA 36-18-1077 to add an
additional account number from which to pay KCI Technologies, Inc.
(formerly, Keith & Schnars) for previously authorized consultancy
services rendered in connection with the proposed expansion of the
City of South Miami Community Redevelopment Agency.
WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) is set to
sunset in June 2020; and
WHEREAS, on March 12, 2018, the SMCRA Board approved a resolution directing
staff to solicit proposals from qualified consultants to complete a Statement of Need, as
required by Miami -Dade County to extend the life of a community redevelopment
agency, and write a new CRA plan; and
WHEREAS, on August 13, 2018 the SMCRA Board approved its FY 2018-2019
budget that expressly identified $100,000.00 to hire the required consultant; and
WHEREAS, piggybacking off of an existing competitively procured contract that the
consultant had with a local community redevelopment agency, the SMCRA negotiated a
price of $98,500.00 with Keith & Schnars to update the SMCRA Redevelopment Plan,
which is required as part of a request for extension of the timeframe of the CRA; create a
vision and work plan that reflects current conditions and opportunities; prepare a site
inventory analysis report for the project area; plan and facilitate a scoping/design session;
plan, conduct, and analyze results from one community consensus meeting; conduct and
prepare a Time Extension Need Study; prepare a Draft Community Redevelopment Plan
Update; prepare a CRA "Justification Report" (time extension) and perform related tasks;
and
WHEREAS, on November 15, 2018, the SMCRA adopted Resolution No. CRA 36-18-
1077 which authorized the SMCRA Chairperson to enter into the negotiated contract and
also opted to have Keith & Schnars, for the additional payment of $35,000.00, conduct a
study related to a possible SMCRA boundary expansion; and
WHEREAS, the amended resolution did not specify that this additional payment
would need to be taken from another account number; and
WHEREAS, to clarify the record for accounting purposes, Resolution No. CRA 36-
18-1077 should be amended to add the additional account number, so that KCI
Resolution No. CRA 28-19-1114
Technologies, Inc. (formerly Keith & Schnars) may be paid for services rendered at the
request of the SMCRA,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY THAT:
Section 1. The recitals above are incorporated into this resolution.
Section 2. Section 1 of Resolution No. CRA 36-18-1077 is amended to add the
following underlined language:
...[T]he South Miami Community Redevelopment Agency Board authorizes the
Agency to enter into an agreement with KCI Technologies Inc. (formerly, Keith &
Schnars� a copy of which is attached, for an extension of life of the Agency, a
boundary extension study for an amount not to exceed $35,000.00 a copy of which
is attached, for an extension of life the Agency, and to perform the services
outlined in the above recitals that are hereby adopted by reference; and charging
the total expense to 610-1110-581-95-00 (CRA Extension Consultant) and 610-
1110-554-34-60 (Redevelopment Services).
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 91h day of December, 2019
ATTEST: APPROVED: 17�/
SECRETA Y Y CHAIR ERSON
Board Vote: 6-0
Chairman Stoddard: Yea
Vice Chairman Harris: Yea
READ AND APPROVED AS TO FORM: Member Welsh: Yea
Member Liebman: Yea
Member Gil: Absent
/� L Member Kelly: Yea
c� / 1 Member Jackson Yea
GENERAL COUNSEL
t
Agenda Item No:3.
South Miami Community Redevelopment Agency Agenda item Report
Meeting Date: December 9, 2019
Submitted by: Evan Fancher
Submitting Department: Community Redevelopment Agency
Item Type: Resolution
Agenda Section:
Subject:
A Resolution Amending Resolution No. CRA 36-18-1077 to add an additional account number from which to
pay KCI Technologies, Inc. (formerly, Keith & Schnars) for previously authorized consultancy services
rendered in connection with the proposed expansion of the City of South Miami Community Redevelopment
Agency.
Suggested Action:
Attachments:
Extension Amendment Memo.docx
Extension Consultant Reso Amendment.docx
Slgned Keith Resolution.pdf
Extension Resolution Email Conversation.pdf
Extension Reso and Contract.pdf
1
A bILL
n CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY
OFFICE OF THE DIRECTOR
1I111.am.1 SMCRA INTER -OFFICE MEMORANDUM
To: The Honorable Chairman & Members of the SMCRA Board
FROM: Evan Fancher, Director
DATE: December 9, 2019
SUBJECT: A Resolution Amending Resolution No. CRA 36-18-1077 to add an
additional account number from which to pay KCI Technologies, Inc.
(formerly, Keith & Schnars) for previously authorized consultancy services
rendered in connection with the proposed expansion of the City of South
Miami Community Redevelopment Agency.
BACKGROUND: The SMCRA Board approved a resolution directing staff to solicit proposals
from qualified consultant to complete a new Statement of Need and to
write a new CRA Plan.
Subsequently, the SMCRA Board approved Resolution 36-18-1077 at its
November 1S, 2018 meeting to achieve an extension of life for the Agency.
The SMCRA Board opted in to an additional provision of the contract to
explore a boundary expansion in addition to the extension.
While the Board opted into the additional provision of the contract, we
failed to include the additional account number as part of that resolution.
This amended resolution adds in the additional account number.
After bringing this to the attention of the Chief Financial Officer of the City,
it has been determined that the best way to remedy the lack of additional
account number is to amend the previously approved resolution to include
that account number.
It should be noted that this resolution does not change the contract with
the consultant nor does it result in their being paid more money than
originally contemplated. It simply clarifies corrects the record for
accounting purposes, allowing for the funds to be paid to the consultant.
FUNDING SOURCE: Account No. 610-1110-581-95-00 (CRA Extension Consultant) and 610-
1110-554-34-60 (Redevelopment Services).
ATTACHMENTS: Prior Resolution ,L
Email Conversation
RESOLUTION NO. CRA 36-18-1077
A Resolution authorizing the South Miami Community
Redevelopment Agency Chairperson to enter into an agreement with
Keith & Schnars in an amount not to exceed $98,500 for consulting
services to extend the life of the SMCRA
WHEREAS, the South Miami Community Redevelopment Agency ("'SMCRA") is set
to sunset in June 2020; and
WHEREAS, on June 30, 2015 the Miami -Dade County Board of County
Commissioners passed R-611-15 that established a policy that all CRA extensions must
produce a new finding of necessity paid for solely by the Agency seeking an extension of
life; and
WHEREAS, on March 12, 2018, the SMCRA Board approved a resolution directing
staff to solicit proposals from qualified consultants to complete a Statement of Need
and to rewrite a new CRA plan; and
WHEREAS, staff met with all qualified vendors from the county's vendor pool for
CRA consulting services; and
WHEREAS, on August 13, 2018 the SMCRA Board approved the FY 2018-2019
budget that expressly identified $100,000 to hire an extension consultant; and
WHEREAS, Keith & Schnars appears to be most equipped to achieve the
extension; and
WHEREAS, Keith & Schnars has worked together on the Miami Gardens CRA and
the North Miami CRA and agreed to work together for the SMCRA; and
WHEREAS, Miami Gardens has an active contract for CRA consulting services with
Keith & Schnars that was competitively bid; and
WHEREAS, the SMCRA has negotiated a price of $98,500 with Keith & Schnars to
update the SMCRA Redevelopment Plan, which is required as part of a request for
extension of the timeframe of the CRA; create a vision and work plan that reflects
current conditions and opportunities; prepare a site inventory and analysis report for
the project area; plan and facilitate a scoping/design session; plan, conduct, and analyze
results from one community consensus meeting; conduct and prepare a Time Extension
Need Study; prepare a Draft Community Redevelopment Plan Update; prepare a CRA
Page 1 of 2 5
ti t
Res. No. CRA 36-18-1077
"Justification Report" (time extension) and perform related tasks. The request for an
extension will be made by the CRA to the Miami -Dade Board of County Commissioners
for final approval.
NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The South Miami Community Redevelopment Agency Board
authorizes the Agency to enter into an agreement with Keith & Schnars, a copy of which
is attached, for an extension of life the Agency and to perform the services outlined in
the above recitals that are hereby adopted by reference; and charging the total expense
to 610-1110-581-95-00 (CRA Extension Consultant).
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 151h day of November, 2018.
ATTEST:
a -
SECRETARY
READ ANj6 APPROVED AS T
\' "ER�COUNSEL
APPROVED:
r
!dfiv"
•
Board Vote: 7-0
Chair Stoddard: Yea
Vice Chair Harris Yea
RM: Member Welsh: Yea
Member Liebman: Yea
Member Gil: Yea
�-J Member Kelly: Yea.
#' Member Jackson: Yea
Page 2 of 2
C
Agenda item NoA.
South Miami Community Redevelopment Agency Agenda Item Report
Meeting Date: November 15, 2018
Submitted by: Evan Fancher
Submitting Department: Community Redevelopment Agency
Item Type: Resolution
Agenda Section: RESOLUTIONS
Subject:
A Resolution authorizing the South Miami Community Redevelopment Agency Chairperson to enter into an
agreement with Keith & Schnars in an amount not to exceed $98,500 for consulting services to extend the life of
the SMCRA,.
Suggested Action:
Attachments:
Extension Top Memo.pdf
Extension Reportold.pdf
Resolution re K with Keith Schnars for Exten. of CRA.docx
Abbreviated Contract for Sch_Keith Fancher with_Exh.pdf
17
7
CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY
hill SMCRA
OF THE DIRECTOR
m 4 INTER -OFFICE MEMORANDUM
'i:✓Yri y,,I�gy�(u10� flFf�eWlia lWl uiJl4,'
To: The Honorable Chairman & Members of the SMCRA Board
FRoM: Evan Fancher, Director 10
DATE: November 15, 2018
Agenda Item No.:
SUBJECT: A resolution authorizing a piggybacking agreement in an amount not to
exceed $98,500 with Keith & Schnars for consulting services to extend the
life of the SMCRA.
BACKGROUND: The SMCRA Board approved a resolution directing staff to solicit proposals
from qualified consultant to complete a new Statement of Need and to
write a new CRA Plan.
The Miami -Dade County Board of County Commissioners has approved
several resolutions with regard to CRA extensions including R-611-15
which established a policy that CRAB seeking extensions of life must submit
a new Statement of Need paid for solely by the Agency.
Once the new Statement of Need is produced a new CRA plan should be
written. Our current plan is outdated and over 380 pages, it should be
simplified and speak to the realities identified by the Statement of Need.
After we develop both documents through public meetings and CRA
workshops, we will need to submit the plans to the City of South Miami,
the County's TIF Board, and the Board of County Commissioners.
Staff has worked with Keith & Schnars to develop a process that involves
the residents and the CRA Board to reimagine the CRA and achieve an
extension of life.
We will be piggybacking off an existing Miami Gardens contract for the
same services and have agreed to the price of $98,500 which is
considerably lower than the $140,000 that Miami Gardens is paying for
similar services. We budgeted a dedicated line item to pay for the CRA
extension.
FUNDING SOURCE: Account No. 610-1110-581-95-00 (CRA Extension Consultant). The account
has a current balance of $100,000.
ATTACHMENTS: Resolution
Prior Extension Report
Scope
Piggyback Agreement
2
I
CONTRACT FOR COMLLA 7 i ..11 ISPJ V Ia
THIS CONTRACT, entered into this 2 day of Unto 20Lq__, by the SOUTH
MIAMI REDEVELOPMENT AGENCY ("AGENCY") through its Chairman, located at 5825 SW 68th
Street, Suite 4, Office 400, South Miami, Florida 33143; Tel: 305-668-7236; Fax: 305-668-7356;
email address: efancher@southmiamifl.eov and Keith & Schnars with an office and principal
place of business located at 6500 North Andrews Avenue, Fort Lauderdale, Florida 33309-2132,
telephone number (954) 776-1616 1 (800) 488-1255; E-mail address of HSieeelaksfla.com and
Facsimile transmission number (954) 771-7690 (hereinafter referred to as "CONSULTANT").
WITNESSETH:
WHEREAS, the AGENCY is in need of consulting services to prepare the necessary
documents and guide the AGENCY through the process of updating the AGENCY'S
Redevelopment Plan and obtaining an extension of the time frame for the AGENCY's existence
as well as creating a vision and work plan that reflects current conditions and opportunities
within the Community Redevelopment Area; and
WHEREAS, the AGENCY desires to retain CONSULTANT to provide the required services
based on CONSULTANT's representations which reflect that CONSULTANT is qualified and
capable of providing said services in a professional and timely manner and in accordance with
the AGENCY's goals and requirements; and
WHEREAS, CONSULTANT has agreed to provide the required services in accordance
with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
1) Engagement of Consultant: Based on the representations of CONSULTANT as set
out in the CONSULTANT"s proposal, the AGENCY hereby retains CONSULTANT to provide the
goods and/or services set forth in said proposal, as modified by the Contract Documents, or as
is otherwise set forth in the Contract Documents defined in paragraph 2 of this Contract.
2) Contract Documents: The Contract Documents shall include this Contract and the
following "checked documents", as well as any attachments or exhibits that are made a part of
any of the "checked documents".
(Check the box immediately preceding the document described below to indicate that such document is part of this
Contract)
(d) City of South Miami's Insurance & Indemnification Requirements,
This Contract and the "checked documents", shall take precedent over the CONSULTANT's
proposal. The "checked documents" and the CONSULTANT's proposal are attached hereto and
made a part hereof by reference.
3) Date of Commencement: CONSULTANT shall commence the performance of the
Work under this Contract on the date specified in the Agency's Notice to Proceed (hereinafter
referred to as the "Work Commencement Date"). Time is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this
Contract on behalf of the AGENCY is the AGENCY Director ("Director"), or the Director's
designee, who shall be designated in a writing signed by the Director. The Primary Contact
Person for CONSULTANT and his/her contact information is as follows: Name: Heidi Siegel,
AICP e-mail: hsieeel@ksfla.com ; Fax:954-771-7690 Street Address: 6500 N. Andrews Avenue,
Ft. Lauderdale, FL 33309.
5) Scope of Services: The goods and/or services to be provided are as set forth in the
CONSULTANT's proposal.
Page - 1- of 4
Thoma, F. Pepe 2016 9
07/29/ 16
6) Compensation: The CONSULTANT's compensation for CONSULTANrs
performance under the terms and provisions of this Contract, shall be as set forth in the
CONSULTANT's proposal.
7) Time Provisions: The term of this Contract shall commence on the Work
Commencement Date and shall continue until completed or terminated. However, the work
shall be completed within 18 months from the Commencement Date since the term of the
Agency' authority will terminate in June of 2020 unless Miami -Dade County extends the life of
the Agency.
8) Termination: This Contract may be terminated without cause by the AGENCY with
30 days of advanced written notice and, in such rase, the termination effective date shall be the
321 day following receipt of the notice of termination. This provision supersedes and takes
precedence over any contrary provisions for termination contained in the Contract Documents.
If the AGENCY terminates the Contract without cause, the CONSULTANT shall be entitled to be
compensated for the work performed up to the effective date of termination.
9) Applicable Law and Venue: Florida law shall apply to the interpretation and
enforcement of this Contract. Venue for all proceedings shall be In Miami -Dade County, Florida.
10) Duties and Responsibilities: CONSULTANT shall comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental
body having jurisdiction over any matter related to this Contract or the goods and/or services
to be performed hereunder and shall commit no trespass on any private property in performing
any of the work embraced by this Contract. Each and every provision and/or clause required
by law to be inserted in this Contract shall be deemed to be inserted herein and this Contract
shall be read and enforced as though such provisions and/or clauses were included herein.
11) Change Orders: No additional Work or extras shall be done unless the same Is duly
authorized in writing and in advance of the work by appropriate action by the Chairman and
approved by the AGENCY by written resolution and in accordance with the Contract Documents.
12) Ucenses and Certifications: CONSULTANT shall secure all necessary business and
professional licenses at its sole expense prior to executing this Contract or commencing the
Work.
13) Insurance, Indemnification & Bonding: CONSULTANT shall comply with the
insurance, indemnification and bonding requirements set forth in the Contract Documents. All
references to "City" shall mean the AGENCY.
14) Jury Trial Waiver. The parties waive their right to jury trial.
15) Entire Agreement, Modification, and Non -waiver. The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or
oral. The Contract Documents may not be modified or amended except in writing, signed by
both parties hereto and if this Contract is required to be approved by the AGENCY, all
amendments thereto must be approved In the same manner and with the same formality as
this Contract. The Contract Documents, in general, and this paragraph.. In particular, shall not
be modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the
Contract Documents, in whole or part, Including the provisions of this paragraph, may be
implied by any act or omission.
16) Public Records: CONSULTANT and all of its subconsultants are required to comply
with the public records law (s.119.0701) while providing goods and/or services on behalf of the
AGENCY 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 required by the
public agency 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
records to be inspected or copied within a reasonable time at a cost that does not exceed the
Page -2-of4
Thoms F. Pepe 2016 10
07/29/16
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 CONSULTANT does not transfer the records to the public agency;
and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public
records In possession of CONSULTANT or keep and maintain public records required by the
public agency to perform the service. If CONSULTANT transfers all public records to the public
agency upon completion of the Contract, CONSULTANT shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If CONSULTANT keeps and maintains public records upon completion of the
Contract, 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 CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 1191, 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:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL
.33143.
17) Background Screening. All personnel and volunteers that will provide any service
with vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the AGENCY or its
Agency in such related activity or who may have access to secure or sensitive areas of the
AGENCY, must be In compliance with Level II Background Screening and fingerprinting
requirements as per, Florida Statute Ch. 43S prior to the scheduled start of any employee or
volunteer. CONSULTANT shall prevent any and all of its personnel, including volunteers, from
engaging In any such related activities without having passed a background screening to the
satisfaction of the AGENCY. A violation of this requirement shall constitute a substantial
breach of this Contract.
18) Drug free Workplace. CONSULTANT shall comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this
Contract by reference.
19) Transfer and Assignment. None of the work or services under this Contract shall
be subcontracted or assigned without prior written consent from the AGENCY which may be
denied without cause.
20) Non -Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due
under this contract, then the AGENCY, upon written notice to CONSULTANT or its assignee of
such occurrence, shall have the unqualified right to terminate the contract without any
penalty or expense. No guarantee, warranty or representation is made that any particular
project(s) will be awarded to any CONSULTANT.
21) Most Favored Public Entity. CONSULTANT represents that the prices charged to
AGENCY in the proposal do not exceed existing prices to other customers for the same or
substantially similar items or services for comparable quantities under similar terns,
conditions, wages, benefits, Insurance coverage and any other material cost factors. If
CONSULTANrs prices decline, or should respondent, at any time during the term of a contract
entered into with AGENCY, provide the same goods or services with the same comparable
Page -3-of4
Tbo=s F. Pcpe 2016 11
07/n/16
quantities under similar terms, conditions, wages, benefits, insurance coverage and any other
material cost factors, CONSULTANT shall immediately extend the same prices to AGENCY.
22) Notices. All notices given or required under this Contract shall be deemed
sufficient if sent by a method that provides written evidence of delivery, including e-mail and
facsimile transmission and delivered.to CONSULTANT or his designated contact person.
Return of mail, sent to the address contained herein for the parties or their contact persons,
as not deliverable or for failure to claim the mail shall be deemed received on the date that
the mail is returned to sender.
IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the
date first above written, with full knowledge of its content and significance and intending to be
legally bound by the terms hereof.
Keith & Schnars
Witnessed: �
By:
ATTESTED:
By: PA'.jNkeng. APaYPayne,
AGENCY Clerk
Read and Approved as to Form, Language,
Legality and Execution Thereof:
By:
AGENCY General Counsel
Page -4-of4
Bruce Reed
[name of signatory)
SOUTH MIAMI C,9MMUNITY
REDEVELOP T AGENCY
Fancher
itive Director
Thomas F. Pelee 2016 12
07/29116
Kt'� K E I T H
-' SCHNARS
November 6. 2018
Mr. Evan Francher, Director
SOMI CRA
5825 SW 68th Street St. 400
South Miami, Florida 33143
Project Name: CRA Justiftcction Report, Time Extension Need Study, crd Community
Redevelopment Flan Updofe
Dear Mr. Francher,
In accordance with your request. Keith & Schnars (CONSULTANT) is pleased to offer professional
planning services to the South Miami Community Redevelopment Agency.
SCOPE OF WORK
The South Miami Community Redevelopment Agency (CRA) was established in 1996. An Update of
the Redevelopment Plan is required as part of a request for extension of the umeframe of the CRA
and create a vision and work plan that reflects current conditions and opportunities. The request for
an extension will be made by the CRA to the Miami -Dade Board of County Commissioners, who has
authorization power under the home rule charter for the County.
Task 1: Project Initiation Meeting
CONSULTANT shall organize and facilitate one (I) project initiation meeting with CRA staff to
review the process and timeline for the preparation of the CRA justification Report (time
extension) and Community Redevelopment Plan Update and related tasks.
Deliverobles:
• Meeting Agenda
• Attend and Facilitate Meeting
• Summary Notes
Task 2: Site Inventory and Analysis
CONSULTANT will perform a site inventory and analysis for the project area. This examination
with include existing roadway corridors, lighting, landscape, utilities, land use and property
ownership, forms of circulation and the current level of community policing activity.
Deliverobles
• Site Inventory and Analysis Report in Adobe pdf
6500 North Andrews Avenue I Fort Lauderdale. Florida 33309-2132 13
(954) 776-1616 I (800) 488-1255 1 Fax: (954) 771-7690
www.ksfia.com
Keith Sdmars � K E I T H
SCHNARS
CRA:ustM®tlon Report and Community Redevelopment Plan Update
Novembert1,2018 ESOP EEQL CLOI [nc 1 WPv[v009
Task 3: CRA Board Workshop
The CONSULTANT shall plan and facilitate a scopingldesign session with the CPA Board and CPA
staff. The goal of this 2-hour meeting will be to gather feedback and vision for the South Miami CRA.
Deliverables:
• Meeting Agenda
• Attend and Facilitate Meeting
• Summary Notes
Task 4: Public Involvement
In order to collect and incorporate community and stakeholder feedback into the Community
Redevelopment Plan Update, the CONSULTANT shall plan, conduct, and analyze results from one
(1) community consensus meeting (up to 3 hours, maximum 40 persons in attendance) to gather
input on priority projects and the vision for the CRA
The CRA shall be responsible for all advertising, mailing and public noticing.
Deliverables:
• Community Meeting Results Analysis
Task 5: Time Extension Need Study
CONSULTANT shall prepare an assessment of need study that demonstrates that slum or blight
still exists within the South Miami CRA in order to be in compliance with Miami -Dade County
Board of County Commissioners Resolution R-61 1-1 S.
The need study will include data and analysis of the South Miami CRA and analyze whether the
conditions in the area meet the criteria described in Florida State Statues Sections 163.340(7) or
(B)•
The CONSULTANT shall provide the CRA was a completed draft for one (1) review and
comment opportunity.
Deliverables:
• Draft Need Study
• Final Need Study
Task 6: Community Redevelopment Plan Update
The CONSULTANT shall prepare a Draft Community Redevelopment Plan Update that outlines and
identifies development and redevelopment needs of the CRA as well as specific projects to address
14
Keith & Schnars
CAA Justification Report and Community Redevelopment Plan Update
November 6, 2018
K~ KE ITH.:
�' SCHNAFS
V-01%CCAS <<MNNCCS 1511PVrWo:
those needs. The Plan shall follow statutory requirements and be consistent with the City's and
County's Comprehensive Plans and shall:
o Contain a legal description of the boundaries of the Community Redevelopment Area and
the reasons for establishing the boundaries shown on the Plan.
o Show by diagram and/or maps and in general terms:
o The approximate amount of open space to be provided and the transportation corridors;
o Limitations on the type, size, height, quantity, and the proposed use of buildings;
o The approximate number of dwelling units;
o Property that is intended for use as public parks, recreation areas, streets, public utilities,
and public improvements of any nature.
o Since the Redevelopment Area contains low and moderate income housing, it will contain a
neighborhood impact element which describes in detail the impact of the redevelopment on
the residents of the Redevelopment Area and the surrounding areas in terms of relocation,
traffic circulation, environmental quality, availability of community facilities and services,
effect on the school population, and other matters affecting the physical and social quality of
the neighborhood.
o Identify any publically funded capital projects to be undertaken within the Community
Redevelopment Area.
o Include adequate safeguards that the work of the redevelopment will be carried out pursuant
to the Plan.
o Provide for the retention of controls and the establishment of any restrictions or covenants
running with the land sold or leased to private use for such periods of time and under such
conditions as the governing body deems necessary to effectuate the purposes of the
Redevelopment Act.
o Provide assurances that there will be replacement housing for the relocation of persons
temporarily or permanently displaced from housing facilities within the Community
Redevelopment Area.
o Provide an element of residential use in the redevelopment area if such use exists in the
area prior to the adoption of the Plan or if the Plan is intended to remedy a shortage of
affordable housing to residents of low or moderate income, including the elderly, or if the
Plan is not intended to remedy such shortfall, the reasons therefore.
o Contain a detailed statement of the projected costs of the redevelopment, including the
amount to be expended on the publically funded capital projects in the Community
Redevelopment Area and any indebtedness of the CRA, Miami -Dade County, or the City of
South Miami proposed to be incurred for such redevelopment if such indebtedness is to
be repaid with tax increment revenues.
o Provide a time certain for completing all redevelopment financed by increment revenues, 15
KEITH...
CRAB stiiication Report and Gammnnity Redevelopment Plan Update KS, SCH' vARS
November6,2018 C%GI%CEo, CLAW as , !WKI oa.
within 40 years after the fiscal year in which the plan Is approved or adopted.
o Provide demographic data; document existing conditions; identify land acquisition,
demolition and removal of structures, redevelopment, improvements and, rehabilitation that
may be proposed to be carried out in the CRA; provide zoning and planning changes, land
uses, maximum densities and building requirements; address affordable housing needs in the
area; incorporate redevelopment plan objectives and policies; and include Implementation
strategies.
o Project TIF generation from 2018-2058 based on future growth and identify options for
financing development activities, including the TIF. tax credits, etc. The TIF review shall
include the following:
o Identify under-utilized properties, potential for redevelopment and user characteristics using
data from the Miami -Dade County Property Appraiser's Office that identifies the parcels
included in the study area, use, assessed value, ratio of building value to land value. ownership
and other characteristics of the property.
o A review of the trends of the TIF projections and actual figures will be conducted along with an
Identification of the changes In Taxable Value that has occurred over the years. The reasons
for the changes will be identified. Data collected from the Property Appraiser including both
current and historic information will be the basis of this analysis.
o An estimation of new development will be made based on plans for new projects in the CRA.
The Planning Department of the City will be consulted to determine plans in the pipeline or
anticipated for development For vacant and redevelopable properties, an estimate of the new
development that could occur will be projected.
o All projects will be analyzed for estimated increase in Taxable Value and the timeframe for
inclusion. TIF projections for the future years will be made.
o Market Analysis: A Market Area for the South Miami CRA community will be developed using a
combination of techniques. A "drive time" scenario will be used that identifies the distance that
can be driven within a specific time frame. Competition to businesses within the Study Area
will be identified and mapped so indicate the constraints on the market The result will be the
determination of a Primary Market Area and a Secondary Market Area (also known as Trade
Area) for the community.
o Market conditions within the Market Area as well as the specific designated Study Area will be
measured and presented for discussion. This data will also be used in calculating the market
demand in later tasks. .
o Information used in this analysis will include:
o "Gap Analysis" of sales conducted within the Study Area and demand from residents
taring in that area. This analysis will measure the amount of business imported.
o Work Force and Business inventory for the areas
o Demographic and labor force analysis of the areas
o Psychographic data of the population Including retail sales by industry or product type
o Vacancies and lease rates
16
I
KEITH...
Keith & schnars cr
CRAJusttfkation Report and Community Redevelopment Plan Update �:%
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Ntavember6,2018 r"rA%tc,15 CLAMPS I SNsvlvoas
o Future developments in the area
o A projection of demand for various product types will be made for both short-term and long-
term time frames. The demand will include the amount of space (square footage or units), the
type of product to be provided, amenities, pricing and absorption rates.
o For commercial properties, a listing of the types of businesses that have the best chance of
success will be identified.
o The projection of demand will include residential, commercial, office and other uses.
o Strategies
o The consultant shall review the current and previous activities of the CRA and determine the
success of these programs. Make recommendations regarding the continuation of these
programs.
o Determine the mission for the CRA in the future and the activities that best accomplishes the
goals and objectives of the organization and the community
o Examples of activities in other CRAs, similar to South Miami, that can be adopted for the local
community will be provided. An analysis of the advantages and disadvantages of these programs
will be provided particularly as they apply to the conditions in South Miami.
o A list of programs to continue or initiate for the CRA will be provided along with an
Implementation Plan that addresses costs, time frames and required resources.
o The CONSULTANT shall provide the CRA was a completed draft for one (1) review and
comment opportunity.
Deliverables:
• Draft Community Redevelopment Area Plan Update
• Final Proposed Community Redevelopment Area Plan Update
Task 7: CRA justification Report (time extension)
Upon determination of the time required to complete the plan update, a CRA justification Report will
be drafted. This shall serve as a companion document to the CRA Plan Update. The CRA
Justification Report shall analyze past economic conditions and the impact it has had on the collection
of Tax Increment Financing (TIF), which has an underlying dependence on increasing property values.
Deliverables:
• CRA Justification Report
17
Kettb & Schnars
CRA Itatiflcadon Repot and community Redevelopment Plan Update
Noren*e r 6, 2018
'S., KEITHO
SCHVARS
c%c4%cc=K clM rps 1 suFvrvp?s
Task 8: Review Process for the Proposed Time Extension Need Study and Community
Redevelopment Plan Update
(h is anddpated that Task 8 and Task 9 will be exeafted simukaneously)
Following the preparation of the Time Extension Need Study and Community Redevelopment Plan
Update, the CONSULTANT shall present the Draft Plan to the CRA Board. The presentation will
address how the analyses conducted during Task 2 and the community outreach and visioning sessions
conducted during Tasks 3 and 4 were utilized in the preparation of the Plan Update.
The CRA shall forward the proposed Time Extension Need Study and Community Redevelopment
Plan Update to the South Miami Local Planning Agency (LPA) for consistency review with the City
of South Miami Comprehensive Plan.
After review by the LPA, the CRA shall forward the proposed Time Extension Need Study and
Community Redevelopment Plan to the City of South Miami City Commission for review and
comment
After review by the City Commission, the CRA shall forward the Time Extension Need Study and
Community. Redevelopment Plan Update to Miami -Dade County for their review and comment
Such submissions to the County may Include the County staff and the Tax Increment Finance
Committee. The CRA will be responsible for all meetings or communication regarding the County
review and comment of the proposed Community Redevelopment Plan Update.
The CRA shall be responsible for all public noticing, reproduction and distribution of the Plan.
Deliverables:
• Initial presentation to the CRA Board of the Draft Proposed Time Extension Need Study
and Community Redevelopment Plan.
• Presentation and attendance at one (1) Local Planning Agency meeting
• Presentation and attendance at one (1) City Commission meeting
Task 9: Review Process for the CRA justification Report (time extension)
(h is antidpated that Task 8 and Task 9 will be exeaded simukaneously)
Following the preparation of the CRA justification Report, the CONSULTANT shall present the
Report to the CRA Board.
The CRA shall forward the proposed CRA justification Report to the South Miami Local Planning
Agency (LPA) for consistency review with the City of South Miami Comprehensive Plan.
After review by the LPA, the CRA shall forward the proposed CRA justification Report to the City
of South Miami City Commission for review and comment
18
KeM & Schnars
CRA hottflc3don Report and Community Redevelopment Plan update
November 6, 2018
KEITH.
SCHN,Rs
['-GMECQS CLANN:?i 1 "VEVORS
After review by the City Commission, the CRA shall forward the CRA Justification Report Update
to Miami -Dade County for their review and comment. Such submissions to the County may
include the County staff and the Tax Increment Finance Committee. The CRA will be responsible
for all meetings or communication regarding the County review and comment of the proposed
CRA Justification Report and Community Redevelopment Plan Update.
The CRA shall be responsible for all public noticing, reproduction and distribution of the Plan.
Deliverables:
• Initial presentation to the CRA Board of the CRA justif ration Report
• Presentation and attendance at one (1) Local Planning Agency meeting
• Presentation and attendance at one (1) City Commission meeting
Task 10: CRA Board Time Extension Need Study and Community Redevelopment Plan
Update Adoption
(h is anddpated that Task 10 and Task 11 will be executed simultaneously)
CONSULTANT shall present the final Time Extension Need Study and Community
Redevelopment Plan to the CRA Board at a public hearing, after appropriate public notice.
The CRA will be responsible for sending the Proposed Time Extension Need Study and Community
Redevelopment Plan to each taxing authority which levies ad valorem taxes within the geographic
boundary of the Redevelopment Area in writing, by registered mail, pursuant to Florida Statutes,
section 163.346.
The CRA shall be responsible for all public noticing, reproduction and distribution of the Plan and
shall prepare any proposed Resolutions for adopting the Community Redevelopment Plan in
accordance with s.163.360 of the Florida Statutes.
Deliverables:
• Presentation to the CRA Board at a public hearing to present the final Time Extension
Need Study and Community Redevelopment Plan
Task 1 I: CRA Board justification Report Approval
(h is antidpated that Task 10 and Task 11 will be executed simultaneously)
CONSULTANT shall present the final CRA Justification Report to the CRA Board at a public
hearing, after appropriate public notice.
The CRA will be responsible for sending the CRA justification Report to each taxing authority
which levies ad valorem taxes within the geographic boundary of the Redevelopment Area in
writing, by registered mail, pursuant to Florida Statutes, section 163.346.
W]
KeMMSdinars
CRAAesfificatlon Report and community Redevelopment Plan Update
Nwienber 6, 2018
�KEITH(,,:
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C%V%[CRS CLAN"CGS 1 TVXVP.VOD;
The CRA shall be responsible for all public noticing, reproduction and distribution of the Report and
shall prepare any proposed Resolutions for approving the CRA Justification Report in accordance
with s.163.360 of the Florida Statutes.
Deliverables. -
Presentation to the CRA Board at a public hearing to present the final CRA Jusdf cation
Report
Task 12: Project Coordination
During the life of this project, the CONSULTANT will hold up to eight (8), one (1) hour meetings
by conference call with CRA staff to discuss the status of the project
These meetings will occur on a regular date determined by both groups following the execution of
Agreement for Professional Staff Services.
Deliverables:
• Agendas for the meetings
• Summary minutes of the meetings
CONSULTANT'S total lump sum fee for this service shall be ............................. $98,500.00
OPTIONAL SERVICES:
r. _
.
- � � '11'11�Y'_111•!_�ll� �7�i5�111'L►'1.1[1
20
Keith $schnars
CRA Justification Report and Community Redevelopment Plan Update
November 6, 2ais
,KEITH:,..
SCHNARS
t*%V%ECQS C&ANNECS I SILINICT0415
prepesed Community
Boundary Expansion Study and Boundary Expansion Miami -Dade County Meetings
CONSULTANT shall prepare a Finding of Necessity to address the desired CRA boundary expansion
consistent with Florida State Statues Section 163.355. The Finding of Necessity will analyze one (1)
area that may be added to the existing boundaries of the South Miami CRA. The analysis will focus on
the ability to add value to the community where new projects can be implemented to improve the
community. Specific elements will include:
• Analysis of vacant parcels and those suitable for redevelopment based on underuse or
deteriorated structures
• Review of market conditions that support redevelopment
Ability to extend services
The Finding of Necessity will include data and analysis of the boundary expansion area and analyze
whether the conditions in the area meet the criteria described in Florida State Statues Sections
163.340(7) or (8).
The CONSULTANT shall provide the CRA was a completed draft for one (1) review and comment
opportunity.
The CONSULTANT shall attend one meeting (up to 2 hours) of the Housing and Social Services
Committee (the "Committee') and one (1) public hearing (up to 4 hours) before the Board of County
Commissioners for the purpose of the expansion of the South Miami CRA boundary. In preparation
for these County meetings, the CONSULTANT shall coordinate with County staff (up to 2 hours),
and participate in one discussion (up to 2 hours) with the Chairman of the Committee and one
discussion (up to 2 hours) with the Miami -Dade Commissioner representing the CRA (District 7).
21
Kell &Schnars
CR;-.. ustiRcatlon Report and Community Redevelopment Plan Update
No. < nber 6, 2018
SK KEITH
SCHNARS
The CRA will be responsible for preparation, as needed of any draft Interlocal agreement bet
requirements for approval.
The CRA shall be responsible for all reproduction and distribution of the Finding of Necessity and
other required agenda items.
Additional hours or meetings shall be billed hourly at $250.00.
Deliverables:
• Draft Boundary Expansion Finding of Necessity
• Final Boundary Expansion Finding of Necessity
• Meetings/Hearing attendance
• Summary Meetings/Hearing Notes
CONSULTANTS total lump sum fee for this optional service shall be .............. $35,000.00
Additional Services
The undertaking by CONSULTANT to perform professional services defined within this Agreement
extends only to those services specifically described herein. If requested by the CLIENT and agreed
to by CONSULTANT, CONSULTANT agrees to perform additional services hereunder. CLIENT
shall be obligated to pay CONSULTANT for the performance of such additional services an amount
(in addition to all other amounts payable under this Agreement) based on an hourly fee in accordance
with CONSULTANTS current professional fee schedule, plus reimbursable expenses as incurred by
CONSULTANT, unless a lump sum addendum to this Agreement is executed by the parties to this
Agreement which addresses the additional services.
Additional services shall include revisions to work previously performed that are required due to a
change in the data or criteria furnished to CONSULTANT, a change in the scope or concept of the
project initiated by CLIENT, or services that are required by changes in the requirements of public
agencies after work under this Agreement has commenced.
If the preceding scope of services includes public agency permitting, our quoted fees/hours include
services to respond to the agency's first RAI (Request for Additional Information). Additional agency
requests or requirements shall be considered an increase to our scope of services.
Sincerely,
Heidi Siegel, AICP
Director of Planning
22
EXHIBIT 2
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
ads 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.
Prom'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 Lave' 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 (des) 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
23
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
(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
24
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. Bests 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."
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 attomey'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 attorey'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
25
Contractors 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 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 c onfilct 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, tosses, 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.
26
Fancher, Evan
From:
Fancher, Evan
Sent:
Thursday, September 19, 2019 9:42 AM
To:
Riverol, Alfredo; Pepe, Thomas F.
Cc:
Kulick, Steven P; cj@cjstackslaw.com
Subject:
RE: Extension resolution
Mr. Riverol,
As we discussed, I will take an amended resolution to include Account Number 5543460 to section 1 of the resolution to
account for the additional expenditure authorized by the Board. We will be drawing $35,000 from Account 5543460 to
add to the the Purchase Order.
Best,
Evan Fancher
Director
SOMI CRA
5825 SW 681' Street St. 400
South Miami, Florida 33143
Office: 305-668-7236
Cell: 305-979-4568
From: Riverol, Alfredo <ARiverol@southmiamifl.gov>
Sent: Thursday, September 19, 2019 8:42 AM
To: Pepe, Thomas F. <TPepe@southmiamifl.gov>; Fancher, Evan <EFancher@southmiamifl.gov>
Cc: Kulick, Steven P <SKulick@southmiamifl.gov>; cj@cjstackslaw.com
Subject: RE: Extension resolution
Evan, is this an issue? Call to discuss.
From: Pepe, Thomas F. <TPepe@southmiamifl.gov>
Sent: Wednesday, September 18, 2019 5:13 PM
To: Riverol, Alfredo <ARiverol@southmiamifl.gov>; Fancher, Evan <EFancher@southmiamifl.gov>
Cc: Kulick, Steven P <SKulick@southmiamifl.gov>; ci@cistackslaw.com
Subject: Re: Extension resolution
It should be drawn from the account specified in the resolution.
Thank you.
Very truly yours,
Thomas F. Pepe
27
1
City Attorney, Board Certified by the Fla. Bar
in City, County and Local Government Law.
City of South Miami
1450 Madmga Avenue, Ste 202,
Coral Gables, Florida 33146
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe0soulhmiamif .am
ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the
addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is
strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your
area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-
mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be
disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119.
From: Riverol, Alfredo <ARiverol@southmiamifl.eov>
Sent: Wednesday, September 18, 2019 4:33 PM
To: Pepe, Thomas F. <TPene@southmiamifl.eov>; Fancher, Evan <EFancher@southmiamifl.aov>
Cc: Kulick, Steven P <SKulick@southmiamifl.gov>; ci@cistackslaw.com <ci@cistackslaw.com>
Subject: RE: Extension resolution
Excellent.
Last question, you ok with a different account number being used, than what is provided within section 1?
From: Pepe, Thomas F. <TPepe@southmiamifl.eov>
Sent: Wednesday, September 18, 20191:00 PM
To: Riverol, Alfredo <ARiverol@southmiamifl.gov>; Fancher, Evan <EFancher@southmiainifl.Fov>
Cc: Kulick, Steven P <SKulick@southmiamifl.eov>; ci@cistackslaw.com
Subject: Re: Extension resolution
I approve of the payment of an amount not exceeding $133,500 of which an amount not
exceeding $35,000 is to be paid to the consultant for the boundary extension study.
Thank you.
Very truly yours,
Thomas F. Pepe
City Attorney, Board Certified by the Fla. Bar
in City, County and Local Govemment Law.
City of South Miami
1450 Madmga Avenue, Ste 202,
Coral Gables, Florida 33146
Tel: 1305) 667-2564
Fax: (305)341-0584
E-mail: tpepersouthmiamifl.gov
ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the 28
addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is
strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your
area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-
mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be
disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119.
From: Riverol, Alfredo <ARiverol@southmiamifl.eov>
Sent: Wednesday, September 18, 201912:51 PM
To: Pepe, Thomas F. <TPepe@southmiamifl.eov>; Fancher, Evan <EFancher@southmiamifl.eov>
Cc: Kulick, Steven P <SKulick@southmiamifl.eov>; ci@cistackslaw.com <ci@cistackslaw.com>
Subject: RE: Extension resolution
If you are ok with how the reso reads and the City paying more than the amount provided in section 1, then finance is ok
with it.
We just want to be sure you are ok with the language and the City spending more than the amount in section 1.
Also, they want to use another account, different than what was listed in section 1, are you ok with that?
From: Pepe, Thomas F. <TPepe@southmiamifl.gov>
Sent: Wednesday, September 18, 201910:44 AM
To: Fancher, Evan <EFancher@southmiamifl.gov>
Cc: Riverol, Alfredo <ARiverol@southmiamifl.gov>; Kulick, Steven P <SKulick@southmiamifl.gov>; ci@cistackslaw.com
Subject: Re: Extension resolution
Alfredo, the resolution approving the consulting contract provides in its title that it is amended
to include the boundary extension study and the title was also amended to show the total
amount, originally $98,500, as being increased to $133,500. Section 1 of the resolution added
the boundary extension study for an amount not to exceed $35,000 and the copy of the contract,
that was approved by the resolution, was attached to the resolution pursuant to Section 1. The
contract provides for compensation as set forth in the consultant's proposal and the consultant's
proposal, that is attached to the contract, has two amounts, one for 98,500 and one for $35,000
for the boundary extension study, for a total of $133,500, which matches the amount in the title.
Please call me to discuss any problems with the payment of the invoices for this work by the
consultant.
Thank you.
Very truly yours,
Thomas F. Pepe
City Attorney, Board Certified by the Fla. Bar
in City, County and Local Government Law.
City of South Miami
1450 Madruga Avenue, Ste 202,
29
3
Coral Gables, Florida 33146
Tel: (306) 667-2564
Fax: (305) 341-0584
E-mail: weoerusouthmiami0.uov
ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the
addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is
strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your
area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-
mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be
disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119.
From: Fancher, Evan <EFancher@southmiamifl.¢ov>
Sent: Wednesday, September 18, 201910:25 AM
To: Pepe, Thomas F. <TPepe@southmiamifl.eov>
Cc: Riverol, Alfredo <ARiverol@southmiamifl.gov>; Kulick, Steven P <SKulick@southmiamifl.eov>; ci@cistackslaw.com
<ci @ ci stackslaw.com>
Subject: Extension resolution
Mr. Pepe,
Here is the resolution that we conferred about.
Evan Fancher
Director
SOMI CRA
5825 SW 681h Street St. 400
South Miami, Florida 33143
Office: 305-668-7236
Cell: 305-979-4568
30
RESOLUTION NO. CRA 36-18-1077
A Resolution authorizing the South Miami Community
Redevelopment Agency Chairperson to enter into an agreement with
Keith & Schnars in an amount not to exceed $98, 00 $133,500 for
consulting services to extend the life and for a boundary extension
study of the SMCRA.
WHEREAS,' the South Miami Community Redevelopment Agency ("SMCRA") is set
to sunset in June 2020; and
WHEREAS, on June 30, 2015 the Miami -Dade County Board of County
Commissioners passed R-611-15 that established a policy that all CRA extensions must
produce a new finding of necessity paid for solely by the Agency seeking an extension of
life; and
WHEREAS, on March 12, 2018, the SMCRA Board approved a resolution directing
staff to solicit proposals from qualified consultants to complete a Statement of Need
and to rewrite a new CRA plan; and
WHEREAS, staff met with all qualified vendors from the county's vendor pool for
CRA consulting services; and
WHEREAS, on August 13, 2018 the SMCRA Board approved the FY 2018-2019
budget that expressly identified $100,000 to hire an extension consultant; and
WHEREAS, Keith & Schnars appears to be most equipped to achieve the
extension; and
WHEREAS, Keith & Schnars has worked together on the Miami Gardens CRA and
the North Miami CRA and agreed to work together for the SMCRA; and
WHEREAS, Miami Gardens has an active contract for CRA consulting services with
Keith & Schnars that was competitively bid; and
WHEREAS, the SMCRA has negotiated a price of $98,500 with Keith & Schnars to
update the SMCRA Redevelopment Plan, which is required as part of a request for
extension of the timeframe of the CRA; create a vision and work plan that reflects
current conditions and opportunities; prepare a site inventory and analysis report for
the project area; plan and facilitate a scoping/design session; plan, conduct, and analyze
results from one community consensus meeting; conduct and prepare a Time Extension
Page 1 of 2 31
i
Need Study; prepare a Draft Community Redevelopment Plan Update; prepare a CRA
"Justification Report" (time extension) and perform related tasks. The request for an
extension will be made by the CRA to the Miami -Dade Board of County Commissioners
for final approval.
NOW THEREFORE BE IT RESOLVED BY THE C0MMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The South Miami Community Redevelopment Agency Board
authorizes the Agency to enter into an agreement with Keith & Schnars, a copy of which
is attached, for an extension of life the Agency, a boundary extension study for an
amount not to exceed $35,000 and to perform the services outlined in the above
recitals that are hereby adopted by reference; and charging the total expense to 610-
1110-581-95-00 (CRA Extension Consultant).
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 151h day of November, 2018.
ATTEST:
L'A> > (C
SECRETARY
READ AND,APPR
NEALCOUN
�VED AS TO FORM:
APPROVED:
CHAIRPERSON
Board Vote:
7-0
Chair Stoddard:
Yea
Vice Chair Harris
Yea
Member Welsh:
Yea
Member Liebman:
Yea
Member Gil:
Yea
Member Kelly:
Yea
Member Jackson:
Yea
Page 2 of 2 32
-ANLL
Q /� CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY
IIII' A INTOER-OffIOCE MEMORANDUM
IM
To: The Honorable Chairman & Members of the SMCRA Board
FROM: Evan Fancher, Director 0
DATE: November 15, 2018 Agenda Item No.:
SuoJECT: A resolution authorizing a piggybacking agreement in an amount not to
exceed $98,500 with Keith & Schnars for consulting services to extend the
life of the SMCRA.
BACKGROUND: The SMCRA Board approved a resolution directing staff to solicit proposals
from qualified consultant to complete a new Statement of Need and to
write a new CRA Plan.
The Miami -Dade County Board of County Commissioners has approved
several resolutions with regard to CRA extensions including R-611-IS
which established a policy that CRAB seeking extensions of life must submit
a new Statement of Need paid for solely by the Agency.
Once the new Statement of Need is produced a new CRA plan should be
written. Our current plan is outdated and over 380 pages, it should be
simplified and speak to the realities identified by the Statement of Need.
After we develop both documents through public meetings and CRA
workshops, we will need to submit the plans to the City of South Miami,
the County's TIF Board, and the Board of County Commissioners.
Staff has worked with Keith & Schnars to develop a process that involves
the residents and the CRA Board to reimagine the CRA and achieve an
extension of life.
We will be piggybacking off an existing Miami Gardens contract for the
same services and have agreed to the price of $98,500 which is
considerably lower than the $140,000 that Miami Gardens is paying for
similar services, We budgeted a dedicated line item to pay for the CRA
extension.
FUNDING SOURCE: Account No. 610.1110-581-95-00 (CRA Cxtension Consultant) the account
has a current balance. of $100,000.
ATTACHMENTS: Re5olution
Prior Extension Report
Scope
Piggyback Agreement
2
33
CONTRACT FOR C'OMO -Ii .,w & V LW
THIS CONTRACT, entered into this ,o day of.-XNt 201, by the SOUTH
MIAMI REDEVELOPMENT AGENCY ("AGENCY") through its Chairman, located at 5825 SW 68th
Street, Suite 4, Office 400, South Miami, Florida 33143; Tel: 305-668-7236; Fax: 30S-668-7356;
email address: efancherMsouthlnlamlll.eov and Keith & Schnars with an office and principal
place of business located at 6500 North Andrews Avenue, Fort Lauderdale, Florida 33309-2132,
telephone number (954) 776-1616 ( (800) 488-1255; E-mail address of HSieeei . ksfia.com and
Facsimile transmission number (954) 771-7690 (hereinafter referred to as "CONSULTANT").
WITNESSETH:
WHEREAS, the AGENCY is in need of consulting services to prepare the necessary
documents and guide the AGENCY through the process of updating the AGENCY'S
Redevelopment Plan and obtaining an extension of the time frame for the AGENCY's existence
as well as creating a vision and work plan that reflects current conditions and opportunities
within the Community Redevelopment Area; and
WHEREAS, the AGENCY desires to retain CONSULTANT to provide the required services
based on CONSULTANT's representations which reflect that CONSULTANT is qualified and
capable of providing said services in a professional and timely manner and in accordance with
the AGENCY's goals and requirements; and
WHEREAS, CONSULTANT has agreed to provide the required services in accordance
with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
1) Engagement of Consultant: Based on the representations of CONSULTANT as set
out in the CONSULTANT's proposal, the AGENCY hereby retains CONSULTANT to provide the
goods and/or services set forth in said proposal, as modified by the Contract Documents, or as
is otherwise set forth in the Contract Documents defined in paragraph 2 of this Contract.
2) Contract Documents: The Contract Documents shall include this Contract and the
following "checked documents", as well as any attachments or exhibits that are made a part of
any of the "checked documents".
(Cteed: thr bur he denni!ein to i!tdi:ate that :uch voc:+ment is part of this
Contrcti
(d) City of South Miami's insurance & Indemnification Requirements,
This Contract and the "checked documents", shall take precedent over the CONSULTANT's
proposal. The "checked documents' and the CONSULTANT's proposal are attached hereto and
made a part hereof by reference.
3) Date of Commencement: CONSULTANT shall commence the performance of the
Work under this Contract on the date specified in the Agency's Notice to Proceed (hereinafter
referred to as the "Work Commencement Date"). Time is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this
Contract on behalf of the AGENCY is the AGENCY Director ("Director"), or the Director's
designee, who shall be designated in a writing signed by the Director. The Primary Contact
Person for CONSULTANT and his/her contact information is as follows: Name: Heidi Siegel,
AICP e-mail: Itsleeel@ksfia.com ; Fax:954-771-7690 Street Address: 6500 N. Andrews Avenue,
Ft. Lauderdale, FL 33309.
5) Scope of Services: The goods and/or services to be provided are as set forth in the
CONSULTANT's proposal.
Page - 1- of 4
'I humW. F. 11rIu 2016
h 7/29116
34
6) Compensation: The CONSULTANT's compensation for CONSULTANT's
performance under the terms and provisions of this Contract, shall be as set forth in the
CONSULTANT's proposal.
7) Time Provisions: The term of this Contract shall commence on the Work
Commencement Date and shall continue until completed or terminated. However, the work
shall be completed within 18 months from the Commencement Date since the term of the
Agency' authority will terminate in June of 2020 unless Miami -Dade County extends the life of
the Agency.
8) Termination: This Contract may be terminated without cause by the AGENCY with
30 days of advanced written notice and, In such case, the termination effective date shall be the
3211 day following receipt of the notice of termination. This provision supersedes and takes
precedence over any contrary provisions for termination contained In the Contract Documents.
if the AGENCY terminates the Contract without cause, the CONSULTANT shall be entitled to be
compensated for the work performed up to the effective date of termination.
9) Applicable Law and Venue: Florida law shall apply to the interpretation and
enforcement of this Contract. Venue for all proceedings shall be In Miami -Dade County, Florida.
10) Duties and Responsibilities: CONSULTANT shall comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental
body having jurisdiction over any matter related to this Contract or the goods and/or services
to be performed hereunder and shall commit no trespass on any private property In performing
any of the work embraced by this Contract. Each and every provision and/or clause required
by law to be inserted in this Contract shall be deemed to be inserted herein and this Contract
shall be read and enforced as though such provisions and/or clauses were included herein.
11) Change Orders: No additional Work or extras shall be done unless the same Is duly
authorized in writing and in advance of the work by appropriate action by the Chairman and
approved bythe AGENCY by written resolution and in accordance with the Contract Documents.
12) Licenses and Certifications: CONSULTANT shall secure all necessary business and
professional icenses at Its sole expense prior to executing this Contract or commencing the
Work.
13) Insurance, Indemnification & Bonding: CONSULTANT shall comply with the
Insurance, Indemnification and bonding requirements set forth In the Contract Documents. All
references to "City" shall mean the AGENCY.
141 .fury Trial Waiver: The parties waive their right to jury trial.
15) Entire Agreement, Modification, and Non waiver. The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or
oral. The Contract Documents may not be modified or amended except In writing, signed by
both parties hereto and if this Contract is required to be approved by the AGENCY, all
amendments thereto must be approved in the same manner and with the same formality as
this Contract. The Contract Documents, in general, and this paragraph, in particular, shall not
be modified or amended by any acts or omissions of the parties. No failure to exercise and no
delay In exercising any right, power or privilege shall operate as a waiver. No waiver of the
Contract Documents, in whole or part, including the provisions of this paragraph, may be
implied by any act or omission.
16) Public Records: CONSULTANT and all of its subconsultants are required to comply
with the public records law (s.119.0701) while providing goods and/or services on behalf of the
AGENCY 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 required by the
public agency 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
records to be inspected or copied within a reasonable time at a cost that does not exceed the
Page -2-of4
Thames F_ Pepe 2016
07/29/16
35
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 CONSULTANT does not transfer the records to the public agency;
and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public
records In possession of CONSULTANT or keep and maintain public records required by the
public agency to perform the service. if CONSULTANT transfers all public records to the public
agency upon completion of the Contract, CONSULTANT shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. if CONSULTANT keeps and maintains public records upon completion of the
Contract, 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 CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES9 TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACTS CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT 305-663-6340; E-mail:
apayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL
.33143.
17) Background Screening. All personnel and volunteers that will provide any service
with vulnerable persons, as defined in Section 43S.02, Fla. Stat., involving the AGENCY or its
Agency In such related activity or who may have access to secure or sensitive areas of the
AGENCY, must be in compliance with Level 11 Background Screening and fingerprinting
requirements as per, Florida Statute Ch. 43S prior to the scheduled start of any employee or
volunteer. CONSULTANT shall prevent any and all of its personnel, Including volunteers, from
engaging in any such related activities without having passed a background screening to the
satisfaction of the AGENCY. A violation of this requirement shall constitute a substantial
breach of this Contract.
18) Drug Free Workplace. CONSULTANT shall comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this
Contract by reference.
19) Transfer and Assignment. None of the work or services under this Contract shall
be subcontracted or assigned without prior written consent from the AGENCY which may be
denied without cause.
20) Non -Appropriation of Funds. In the event that no funds or Insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due
under this contract, then the AGENCY, upon written notice to CONSULTANT or its assignee of
such occurrence, shall have the unqualified right to terminate the contract without any
penalty or expense. No guarantee, warranty or representation Is made that any particular
project(s) will be awarded to any CONSULTANT.
21) Most Favored Public Entity. CONSULTANT represents that the prices charged to
AGENCY In the proposal do not exceed existing prices to other customers for the same or
substantially similar items or services for comparable quantities under similar terns,
conditions, wages, benefits, insurance coverage and any other material cost factors. If
CONSULTANrs prices decline, or should respondent, at any time during the term of a contract
entered into with AGENCY, provide the same goods or services with the same comparable
Page - 3 - of 4
nwans F. Pepr 2016
07/29/16
36
� - a
quantities under similar terms, conditions, wages, benefits, insurance coverage and any other
material cost factors, CONSULTANT shall immediately extend the same prices to AGENCY.
22) Notices. All notices given or required under this Contract shall be deemed
sufficient if sent by a method that provides written evidence of delivery, including e-mail and
facsimile transmission and delivered to CONSULTANT or his designated contact person.
Return of mail, sent to the address contained herein for the parties or their contact persons,
as not deliverable or for failure to claim the mail shall be deemed received on the date that
the mail is returned to sender.
1N WITNESS WHEREOF, the parties, have executed this Contract, on or before the
date first above written, with full knowledge of its content and significance and intending to be
legally bound by the terms hereof.
Witnessed:
By: • 1 J. - -! !_
ATTESTED:
By;,
Nkeng A. Payne, �MC
AGENCY Clerk
Read and Approved as to Form, Language,
Legality and Execution Thereof:
By:
AGENCY General Counsel
Page - 4 - of 4
Keith & Schnars
Bruce Reed
[name of signatory)
SOUTH MIAMI C9MMUNITY
REDEVELOP T AGENCY
By:
E • i Fancher
ecuri�e Director
Thanins F. re1w 2016
0712916 37
KEITH
SCHNARS
November 6. 2018
Mr. Evan Francher. Director
SOMI CRA
5825 SW 68th Street St. 400
South Miami, Florida 33143 .
Project Name: CRA justij<tcotion Report, Time Extension Need Study, and Community
Redevelopment Plan Update
Dear Mr. Francher,
In accordance with your request, Keith & Schnars (CONSULTANT) is pleased to offer professional
planning services to the South Miami Community Redevelopment Agency.
SCOPE OF WORK
The South Miami Community Redevelopment Agency (CRA) was. established in 1996. An Update of
the Redevelopment Plan is required as part of a request for extension of the timeframe of the CPA
and create a vision and work plan that reflects current conditions and opportunities. The request for
an extension will be made by the CRA to the Miami -Dade Board of County Commissioners, who has
authorization power under the home rule charter for the County.
Task 1: Project Initiation Meeting
CONSULTANT shall organize and facilitate one (1) project initiation meeting with CRA staff to
review the process and timeline for the preparation of the CRA justification Report (time
extension) and Community Redevelopment Plan Update and related tasks.
Deliverobles:
o Meeting Agenda
o Attend and Facilitate Meeting
o Summary Notes
Task 2: Site Inventory and Analysis
CONSULTANT will perform a site inventory and analysis for the project area. This examination
with include existing roadway corridors, lighting, landscape, utilities, land use and property
ownership, forms of circulation and the current level of community policing activity.
Deliverables:
® Site Inventory and Analysis Report in Adobe pdf
6500 Ncr:h Andrews Avenue I Fort t.auderoalc. Florida 33309-2132
(954,1 776-1616 ' (800) 488-1255 1 Fax: (954) 771-7690 38 www.kstla.com v
Keith & Schnars KIS, K E I tT� Ham'
CRA tustitice0on Report and Cornmurft Redevelopment Plan Update SCHI VARS
November 6, 2018 V%01-ccas cLeM:Gs 1 5tvvrroa;
Task 3: CRA Board Workshop
The CONSULTANT shall plan and facilitate a scoping/design session with the CRA Board and CRA
staff. The goal of this 2-hour meeting will be to gather feedback and vision for the South Miami CRA.
Deliverables:
• Meeting Agenda
• Attend and Facilitate Meeting
• Summary Notes
Task 4; Public Involvement
In order to collect and incorporate community and stakeholder feedback into the Community
Redevelopment Plan Update, the CONSULTANT shall plan. conduct, and analyze results from one
(1) community consensus meeting (up to 3 hours. maximum 40 persons in attendance) to gather
input on priority projects and the vision for the CRA
The CRA shall be responsible for all advertising, mailing and public noticing.
Deliverables:
• Community Meeting Results Analysis
Task S: Time Extension Need Study
CONSULTANT shall prepare an assessment of need study that demonstrates that slum or blight
still exists within the South Miami CRA in order to be in compliance with Miami -Dade County
Board of County Commissioners Resolution R-61 I -IS.
The need study will include data and analysis of the South Miami CPA and analyze whether the
conditions in the area meet the criteria described in Florida State Statues Sections 163.340(7) or
(8)
The CONSULTANT shall provide the CRA was a completed draft for one (1) review and
comment opportunity.
Deliverables:
• Draft Need Study
• Final Need Study
Task 6: Community Redevelopment Plan Update
The CONSULTANT shall prepare a Draft Community Redevelopment Plan Update that outlines and
identifies development and redevelopment needs of the CRA as well as specific projects to address
39
&���KrEITHI"'s
KeithSCh
COAlestificatlan Report and community Redevelopment Plan Update K�� SC u ` AFS
Navember6,2018 V.V-EM cOkmccs I s4P1VrVOO"
those needs. The Plan shall follow statutory requirements and be consistent with the City's and
County's Comprehensive Plans and shall:
o Contain a legal description of the boundaries of the Community Redevelopment Area and
the reasons for establishing the boundaries shown on the Plan.
o Show by diagram and/or maps and in general terms:
o The approximate amount of open space to be provided and the transportation corridors:
o Limitations on the type, size, height; quantity, and the proposed use of buildings;
o The approximate number of dwelling units:
o Property that is intended for use as public parks, recreation areas, streets, public utilities,
and public improvements of any nature.
o Since the Redevelopment Area contains low and moderate income housing, it will contain a
neighborhood impact element which describes in detail the Impact of the redevelopment on
the residents of the Redevelopment Area and the surrounding areas In terms of relocation,
traffic circulation, environmental quality, availability of community facilities and services,
effect on the school population, and other matters affecting the physical and social quality of
the neighborhood.
o Identify any publically funded capital projects to be undertaken within the Community
Redevelopment Area.
o Include adequate safeguards that the work of the redevelopment will be carried out pursuant
to the Plan.
o Provide for the retention of controls and the establishment of any restrictions or covenants
running with the land sold or leased to private use for such periods of time and under such
conditions as the governing body deems necessary to effectuate the purposes of the
Redevelopment Act.
o Provide assurances that there will be replacement housing for the relocation of persons
temporarily or permanently displaced from housing facilities within the Community
Redevelopment Area.
o Provide an element of residential use in the redevelopment area if such use exists in the
area prior to the adoption of the Plan or if the Plan is intended to remedy a shortage of
affordable housing to residents of low or moderate income, including the elderly, or if the
Plan is not intended to remedy such shortfall, the reasons therefore.
o Contain a detailed statement of the projected costs of the redevelopment, including the
amount to be expended on the publically funded capital projects in the Community
Redevelopment Area and any indebtedness of the CPA, Miami -Dade County, or the City of
South Miami proposed to be incurred for such redevelopment if such indebtedness Is to
be repaid with tax increment revenues.
o Provide a time certain for completing all redevelopment financed by increment revenues,
40
t
A o
MM & schnars , SC�K/-E I T' /H ,�-
CRAJustincatian Report and Comimunity Redevelopment Plan Update HI^AR_'J
November6,2018 r�omcco. CLAM:os 1 CkV%-:Y0R3
within 40 years after the fiscal year in which the plan is approved or adopted.
o Provide demographic data; document existing conditions; identify land acquisition,
demolition and removal of structures, redevelopment, improvements and rehabilitation that
may be proposed to be carried out in the CRA: provide zoning and planning changes, land
uses, maximum densities and building requirements; address affordable housing needs in the
area; incorporate redevelopment plan objectives and policies; and include implementation
strategies.
o Project TIF generation from 2018-2058 based on future growth and identify options for
financing development activities, including the TIF, tax credits, etc. The TIF review shall
include the following
o Identify under-utilized properties, potential for redevelopment and user characteristics using
data from the Miami -Dade County Property Appraiser's Office that identifies the parcels
included in the study area, use, assessed value, ratio of building value to land value, ownership
and other characteristics of the property.
o A review of the trends of the TIF projections and actual figures will be conducted along with an
identification of the changes In Taxable Value that has occurred over the years. The reasons
for the changes will be identified. Data collected from the Property Appraiser including both
current and historic information will be the basis of this analysis.
o An estimation of new development will be made based on plans for new projects in the CRA.
The Planning Department of the City will be consulted to determine plans in the pipeline or
anticipated for development For vacant and redevelopable properties, an estimate of the new
development that could occur will be projected.
o All projects will be analyzed for estimated increase in Taxable Value and the timeframe for
inclusion. TIF projections for the future years will be made.
o Market Analysis: A Market Area for the South Miami CRA community will be developed using a
combination of techniques. A "drive time" scenario will be used that identifies the distance that
can be driven within a specific time frame. Competition to businesses within the Study Area
will be identified and mapped so indicate the constraints on the market The result will be the
determination of a Primary Market Area and a Secondary Market Area (also known as Trade
Area) for the community.
o Market conditions within the Market Area as well as the specific designated Study Area will be
measured and presented for discussion. This data will also be used in calculating the market
demand in later tasks. .
o Information used in this analysis will include:
o "Gap Analysis" of sales conducted within the Study Area and demand from residents
living in that area. This analysis will measure the amount of business imported.
o Work Force and Business inventory for the areas
o Demographic and labor force analysis of the areas
o Psychographic data of the population including retail sales by industry or product type
o Vacancies and lease rates
41
l
S@anars K E I T H ..,
ORAJotlflcatlon Report and Community Redevelopment Plan Update KISSCHNARS
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o Future developments in the area
o A projection of demand for various product types will be made for both short-term and long-
term time frames. The demand will include the amount of space (square footage or units), the
type of product to be provided, amenities, pricing and absorption rates.
o For commercial properties, a listing of the types of businesses that have the best chance of
success will be Identified.
o The projection of demand will include residential, commercial, office and other uses.
o Strategies
o The consultant shall review the current and previous activities of the CRA and determine the
success of these programs. Make recommendations regarding the continuation of these
programs.
o Determine the mission for the CRA in the future and the activities that best accomplishes the
goals and objectives of the organization and the community
o Examples of activities in other CRAB, similar to South Miami, that can be adopted for the local
community will be provided. An analysis of the advantages and disadvantages of these programs
will be provided particularly as they apply to the conditions in South Miami.
o A list of programs to continue or initiate for the CRA will be provided along with an
Implementation Plan that addresses costs, time frames and required resources.
o The CONSULTANT shall provide the CRA was a completed draft for one (1) review and
comment opportunity.
Defiverables:
• Draft Community Redevelopment Area Plan Update
o Final Proposed Community Redevelopment Area Plan Update
Task 7: CRA Justification Report (time extension)
Upon determination of the time required to complete the plan update, a CRA Justification Report will
be drafted. This shall serve as a companion document to the CPA Plan Update. The CRA
Justification Report shall analyze past economic conditions and the impact it has had on the collection
of Tax Increment Financing (TIF). which has an Underlying dependence on increasing property values.
Deliverables:
• CRA Justificadon Report
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Keith $ schnars KSSCHNAR
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CRA lusdfitetion Report and community Redevelopment Plan Update S
November 6, 2018 C%GMESS lLwMuGs I 50.4+4rvaps
Task 8: Review Process for the Proposed Time Extension Need Study and Community
Redevelopment Plan Update
(it is anticipated that Task 8 and Task 9 wiff be executed simultaneously)
Following the preparation of the Time Extension Need Study and Community Redevelopment Plan
Update, the CONSULTANT shall present the Draft Plan to the CRA Board. The presentation will
address how the analyses conducted during Task 2 and the community outreach and visioning sessions
conducted during Tasks 3 and 4 were utilized in the preparation of the Plan Update.
The CRA shall forward the proposed Time Extension Need Study and Community Redevelopment
Plan Update to the South Miami Local Planning Agency (LPA) for consistency review with the City
of South Miami Comprehensive Plan.
After review by the LPA, the CRA shall forward the proposed Time Extension Need Study and
Community Redevelopment Plan to the City of South Miami City Commission for review and
comment_
After review by the City Commission, the CRA shall forward the Time Extension Need Study and
Community. Redevelopment Plan Update to Miami -Dade County for their review and comment
Such submissions to the County may include the County staff and the Tax Increment Finance
Committee. The CRA will be responsible for all meetings or communication regarding the County
review and comment of the proposed Community Redevelopment Plan Update.
The CRA shall be responsible for all public noticing, reproduction and distribution of the Plan.
Deliverables:
e Initial presentation to the CRA Board of the Draft Proposed Time Extension Need Study
and Community Redevelopment Plan.
v Presentation and attendance at one (1) Local Planning Agency meeting
• Presentation and attendance at one (1) City Conunission meeting
Task 9: Review Process for the CRA Justification Report (time extension)
(it is anticipated that Task 8 and Task 9 wiff be executed simultaneously)
Following the preparation of the CRA Justification Report, the CONSULTANT shall present the
Report to the CRA Board.
The CRA shall forward the proposed CRA Justification Report to the South Miami Local Planning
Agency (LPA) for consistency review with the City of South Miami Comprehensive Plan.
After review by the LPA, the CRA shall forward the proposed CRA Justification Report to the City
of South Miami City Commission for review and comment.
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,moth & sahnars K E I T H..
CRA Justification Report and Community Redevelopment Plan Update SCHNARS
November 6, 2018 El-c-cca: CON"N.r2% I EupvtWOUS
After review by the City Commission, the CRA shall forward the CRA Justification Report Update
to Miami -Dade County for their review and comment Such submissions to the County may
Include the County staff and the Tax Increment Finance Committee. The CRA will be responsible
for all meetings or communication regarding the County review and comment of the proposed
CRA Justification Report and Community Redevelopment Plan Update,
The CRA shall be responsible for all public noticing, reproduction and distribution of the Plan.
Deliverables:
• Initial presentation to the CRA Board of the CRA justification Report.
• Presentation and attendance at one (1) Local Planning Agency meeting
• Presentation and attendance at one (1) City Commission meeting
Task 10: CRA Board Time Extension Need Study and Community Redevelopment Plan
Update Adoption
(h is anticipated that Task 10 and Task ► ► will be executed simultaneously)
CONSULTANT shall present the final Time Extension Need Study and Community
Redevelopment Plan to the CRA Board at a public hearing, after appropriate public notice.
The CRA will be responsible for sending the Proposed Time Extension Need Study and Community
Redevelopment Plan to each taxing authority which levies ad valorem taxes within the geographic
boundary of the Redevelopment Area in wrung, by registered mail, pursuant to Florida Statutes,
section 163.346.
The CRA shall be responsible for all public noticing, reproduction and distribution of the Plan and
shall prepare any proposed Resolutions for adopting the Community Redevelopment Plan in
accordance with s.163,360 of the Florida Statutes.
Deliverables:
Presentation to the CRA Board at a public hearing to present the final Time Extension
Need Study and Community Redevelopment Plan
Task 11: CRA Board justification Report Approval
(h is anodpated that Task 10 and Task l l will be executed simultaneously)
CONSULTANT shall present the final CRA Justification Report to the CRA Board at a public
hearing, after appropriate public notice.
The CRA will be responsible for sending the CRA Justification Report to each taxing authority
which levies ad valorem taxes within the geographic boundary of the Redevelopment Area in
writing, by registered mall, pursuant to Florida Statutes, section 163.346.
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Keith 86 Sdhnars KS;
KEITH,'CRA Justification Report and Community Redevelopment Plan Update SCHNARS
November6,2018 c.c4%tcps CON4Cas I ►.«vr�oos
The CRA shall be responsible for all public noticing, reproduction and distribution of the Report and
shall prepare any proposed Resolutions for approving the CRA justification Report in accordance
with s.163.360 of the Florida Statutes.
De&verables:
• Presentation to the CRA Board at a public hearing to present the final CRA Justification
Report.
Task 12: Project Coordination
During the life of this project, the CONSULTANT will hold up to eight (8), one (1) hour meetings
by conference call with CRA staff to discuss the status of the project
These meetings will occur on a regular date determined by both groups following the execution of
Agreement for Professional Staff Services.
Deliverables:
• Agendas for the meetings
• Summary minutes of the meetings
CONSULTANTS total lump sum Fee For this service shall be ............................. $98"SOO.00
OPTIONAL SERVICES:
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Boundary Expansion Study and Boundary Expansion Miami -bade County Meetings
CONSULTANT shall prepare a Finding of Necessity to address the desired CRA boundary expansion
consistent with Florida State Statues Section 163.3SS. The Finding of Necessity will analyze one (I )
area that may be added to the existing boundaries of the South Miami CRA. The analysis will focus on
the ability to afdd value to the community where new projects can be implemented to improve the
community. Specific elements will include:
Analysis of vacant parcels and those suitable for redevelopment based on underuse or
deteriorated structures
Review of market conditions that support redevelopment
Ability to extend services
The Finding of Necessity will include data and analysis of the boundary expansion area and analyze
whether the conditions in the area meet the criteria described in Florida State Statues Sections
163.340(7) or (8).
The CONSULTANT shall provide the CRA was a completed draft for one (1) review and comment
opportunity.
The CONSULTANT shall attend one meeting (up to 2 hours) of the Housing and Social Services
Committee (the "Committee") and one (1) public hearing (up to 4 hours) before the Board of County
Commissioners for the purpose of the expansion of the South Miami CPA boundary. In preparation
for these County meetings, the CONSULTANT shall coordinate with County staff (up to 2 hours),
and participate in one discussion (up to 2 hours) with the Chairman of the Committee and one
discussion (up to 2 hours) with the Miami -Dade Commissioner representing the CRA (District 7).
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CRAJustttkation Report and Community Redevelopment Plan update SCHNARS
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The CRA will be responsible for preparation, as needed of any draft Interlocal agreement bet
requirements for approval.
The CRA shall be responsible for all reproduction and distribution of the Finding of Necessity and
other required agenda items.
Additional hours or meetings shall be billed hourly at $250.00.
Detiverables:
• Draft Boundary Expansion Finding of Necessity
• Final Boundary Expansion Finding of Necessity
• Meetings/Hearing attendance
• Summary Meetin&WHearing Notes
CONSULTANTS total lump sure fee for this optional service shall be .............. $3S,000.00
Additional Services
The undertaking by CONSULTANT to perform professional services defined within this Agreement
extends only to those services specifically described herein. If requested by the CLIENT and agreed
to by CONSULTANT, CONSULTANT agrees to perform additional services hereunder. CLIENT
shall be obligated to pay CONSULTANT for the performance of such additional services an amount
(in addition to all other amounts payable under this Agreement) based on an hourly fee in accordance
with CONSULTANT'S current professional fee schedule, plus reimbursable expenses as incurred by
CONSULTANT, unless a lump sum addendum to this Agreement is executed by the pardes to this
Agreement which addresses the additional services.
Additional services shall include revisions to work previously performed that are required due to a
change in the data or criteria furnished to CONSULTANT, a change in the scope or concept of the
project initiated by CLIENT, or services that are required by changes in the requirements of public
agencies after work under this Agreement has commenced.
If the preceding scope of services includes public agency permitting, our quoted feesihours include
services to respond to the agency's first RAI (Request for Additional Information). Additional agency
requests or requirements shall be considered an increase to our scope of services.
Sincerely,
Heidi Siegel, AICP
Director of Planning
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EXHIBIT 2
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, er 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' Compensalion 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
inolude: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of
Us 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 some 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
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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
(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/AII 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 some.
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
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CITY reserves the right at any time to request a copy of the required policies for review. All policies shall
contain a'severabiliity 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 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 shag 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.'
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 Contactor or anyone acting through or on behalf of the Contractor.
B. The Contractor shall indemnity. 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 Us 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
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Contractor's obligations under this AGREEMENT.
Q. 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 contractorlsubcontractor 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 contractorlsubcontractor 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.
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