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Resolution No CRA 36-18-1077RESOLUTION 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 $133,500 for consulting services to extend the life of the SMCRA and for a study to expand the boundaries 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 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 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, 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 15th day of November, 2018. ATTEST: ti 0- SECRETARY READ ANDXPPROVED AS TO FORM: APPROVED: 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 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 S MC RA. Suggested Action: Attachments: Extension Top Memo.pdf Extension Report_old.pdf Resolution re K with Keith Schnars for Exten. of CRA.docx Abbreviate d_Contract for Sch_Keith_Fancher with_Exh.pdf 1 m.4,1k SMCRA 'r.W...; av rtyx�n..i aUutw.Wthe µ.t �,drw� CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY OFFICE OF THE DIRECTOR INTER -OFFICE MEMORANDUM To: The Honorable Chairman & Members of the SMCRA Board FROM: Evan Fancher, Director 10 DATE: November 15, 2018 Agenda Item No.: SWBIECT: 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 CRAs 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 0 CONTRACT FOR COMLLA 4i w�J I-W THIS CONTRACT, entered into this day o 20� by the SOUTH MIAMI REDEVELOPMENT AGENCY ("AGENCY") through itsits 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�southmiamifleov 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 HSieeel@ksfla.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) [V] 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 specked 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 Thomas F. Pepe 2016 07/29/16 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 31s' 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) Licenses 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 Thomas F. Pepe 2016 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 1199 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. 435 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 terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If CONSULTANT's 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 Thomas F. Pepe 2016 07/29/16 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: Lam% j ATTESTED: By. Nkeng A. Payne, OMC AGENCY Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: By: AGENCY General Counsel Page - 4 - of 4 Thomas F. Pepe 2016 0729/16 [name of signatory) SOUTH MIAMI C MUNITY REDEVELOP T AGENCY Fancher hive Director KKEITH %. �SCHNARS t'.C•%EED: 4144HERS I SURVEYORS November 6, 2018 Mr. Evan Francher, Director SOMI CRA 5825 SW 68th Street St. 400 South Miami, Florida 33143 Project Name: CRA Justification 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 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 N 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. Deliverables: • 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. Deliverables: • Site Inventory and Analysis Report in Adobe pdf 6500 North Andrews Avenue I Fort Lauderdale, Florida 33309-2132 (954) 776-1616 1 (BOO) 488-1255 1 Fax: (954) 771-7690 www.ksfla.com Keith & schnars K E I T H ,:'�). CRA Justification Report and Community Redevelopment Plan Update Kls�SCHNARS November 6, 2018 ckc,.Cca: CLANN.GS I SVFv_Yca, 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 5: Time Extension bleed 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 (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 �`'~ KEITH(--,. Keith & Schnars �``>, CRA Justification Report and Community Redevelopment Plan Update K� SCHNARS November 6, 2018 r.cl•.EEO� CiANNEPS i 9UFVEYO;)', 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, KEITH, Keith & Schnars � SCHNARS CRA Justification Report and Community Redevelopment Plan Update November6,2018 V r_,11,CCa5 rLANN1.'Q5 I :VPVrYOR: 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 Keith & schnars f4� * K E I T H.q" CRAJustification Report and community Redevelopment Plan Update- SCHNARS November 6, 2018 V.cl>-Cta, cLrrN:24 i �kff 'IYOPS 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: 0 CRA Justification Report Keith & Schnars K, K E I T H CRA lustffication Report and Community Redevelopment Plan Update SCHNARS November 6, 2018 etic1ucQ: CLAN ERR i 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 will 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: o 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) (it is anticipated that Task 8 and Task 9 will 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 Keith & Schnars K'-��'' 7K E I T H CRAJustification Report and Community Redevelopment Plan Update ��-,. KHNARS November 6, 2018 r. ,Cc ECQ; CLANNERS I �UPVEYpZ- 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 (It is anticipated 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 (It is anticipated 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. KEITH" Keith & Schnars ,• CRA Justification Report and Community Redevelopment Plan Update KS,-',,SCHNARS November 6, 2018 c',c•,',cca; C:fNNtX;s I rexV-Yr�a 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 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 CONSULTANT'S total lump sum fee for this service shall be ............................. $98,500.00 OPTIONAL SERVICES: KEITH:N Keith & Schnars { �, c� CRA Justification Report and Community Redevelopment Plan Update � �� KHNARS November 6, 2018 c•cI*,«aS I 51.'PVEYCR� (Districot 7)-. • Up tG two j /�) /� a j; Study, i. i RAjustif r-mr-ion Repe t Time EEX-twin- 7 Weed �rfr� ��Redevelopmem Plan Update. 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 163.3SS. 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). `. Keith & Schnars KS,,, (� CRA Justification Report and Community Redevelopment Plan Update .1 KHNARS November 6, 2018 r.!.c1%rea5 =LANN:RS I SVFt'wca; 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 CONSULTANT'S 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 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 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 . -1 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, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation insurance at the statutory amount as to all employees in compliance with the 'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive 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 CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest' or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT, if any, certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must 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 attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Contractor, its Sub -Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of .their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract.