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Res No 207-18-15240RESOLUTION NO: 15240 A Resolution authorizing the City Manager to execute a professional services agreement with TischlerBise, Inc. for professional services related to the "Impact Fee Study for Parks & Recreation Lan.d Acquisition". WHEREAS, the City of South Miami retained TischlerBise, Inc. in 2013 to calculate the maximum allowable impact fees for Parks and Recreation facilities in the City; and WHEREAS, the methodology used for the 2013 study did not take into consideration the cost of purchasing additional parkland; and WHEREAS, the Mayor and City Commission have expressed an interest in updating the study to include the cost of acquiring additional land for park space and to update the costs of facilities improvements used in calculating the fee; and WHEREAS, the agreement with TischlerBise has expired, so City staff solicited requests for proposals to update the study (RFP #PL2018-20); and WHEREAS, on September 14, 2018, the City received and opened two (2) sealed proposals for the updated impact fee study, of which TischlerBise, Inc. provided the City with the most responsive and responsible proposal; and WHEREAS, the funds to support this engagement are available in the annual fiscal year budget (account 001-1620-524-3450 which has a current balance of $147,917). NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is hereby authorized to enter into an agreement with TischlerBise, Inc. for the services identified in RFP #PL2018-20 related to park and recreation impact fees in an amount not to exceed $24,860, which will be charged to 001-1620-524-3450 with a current balance of $147,917. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this ^ day of November. 2018. ATTEST: n APPROVED:A7 TEST: f) CITVCLERilj: K MAYO Page 1 of 2 Res. No. 207-18-15240 READ AND A^ROVp^D > LANGUAJSmEGAilTY AND E) m COMMISSION VOTE: 5-0 Mayor Stoddard: Y^a Vice Mayor HarrisYea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Welsh: Page 2 of 2 Agenda Item No:11 City Commission Agenda Item Report Meeting Date; November 6, 2018 Submitted by: Jane Tompkins Submitting Department: Planning & Zoning Department Item Type: Resolution Agenda Section: RESOLUTION(S) Subject: A Resolution authorizing the City Manager to execute a professional services agreement with TischlerBise, Inc. for professional services related to the "Impact Fee Study for Parks and Recreation Land Acquisition". 3/5 (City Manager-Planning Department) Suggested Action: Attachments: Cover Memo TischlerBise Agreement.docx Resolution Agreement withTischlerBise re Impact Fee stuty.docx RFPPL2018-20Ad.pdf RFP#PL2018-20.pdf Bid Opening Impact Fee Study 9.14.18.pdf Proposal Summary Impact Fee Study 9.14.18.pdf TischlerBise Proposal.pdf Tindale Oliver Proposal.pdf DEMAND STAR results.pdf Sun Biz Tischler Bise 9.14.18.pdf CITY OF SOUTH MIAMI SoutW' Miami ° THE CITY OF PLEASANT LIVING INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission Via: Steven J. Alexander, City Manager From: Jane K. Tompkins, AlCP, Planning Director Date: November 6, 2018 Subject: A Resolution authorizing the City Manager to execute a professional services agreement with TischlerBise, Inc. for professional services related to the "Impact Fee Study for Parks & Recreation Land Acquisition". Background: The City currently imposes a park and recreation impact fee on new development, based on a study completed in 2014. That study did not, however, consider the cost of acquiring additional land for park and recreation facilities. The City now wishes to update the study to include land acquisition costs as well as update the costs of facilities improvements used in calculating the fee. Amount: $24,860 Account: 001-1620-524-3450 which has a current balance of $147,917 Attachments: • Draft Resolution • RFP advertisement • RFP#PL2018-20 • Bid Opening Report • Proposal Summary • TischlerBise, Inc. proposal • Tindale Oliver proposal • Demand Star results • Sun Biz report MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miami. Miami-Dade County. Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned euthority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS. Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County. Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - RFP #PL2018-20 in the XXXX Court. was published in said newspaper in the issues of 08/22/2018 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dad e County. Rorida and that the said newspaper has heretofore been continuously published in said Miami-Dade County. Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 22 day^ AUGUST, A.D. 2018 (SEAL) GUILLERMO GARCIA personally known to me BARBARA THOMAS Commission #GG 121171 Expires November 2,2021 BwdedTltruTroyFamlnsurance800-2e5-70l91 City MIAMI IMRA^ FEE 8t auBHitAL jiiiE 1^5 ECtBAtlCsOOAM {?. h^i^^fiem proposals in respond to RFP ACaUl^IQN.'^ The pu^ose pf this Soiiciteiloh Is to fcontr^ for tte services hec^aiy for ine co^pletibn of the pnlject in accordance With the Scope and Respondent's Cost and Techhlf^ pmpOsatii;pr the:;pjat§=ii^^ d^#ied ir lrrtp<ie8^.^perBpit?^^)^ ip res^d to, thj^ SpOS^ipn cari cfctsJn the diafrtplaite ^^icit^n> thfr City .QI^S; tltroiigb f^ny froni or acc^^ thefblicwrffipw^jpagffi hthp://VvwWiSoi)n^i^}.a^^ is the' ^ of &uth wd) adijr^af°Tnoiin|^nv[nfp^ $datediPr9pp^}S''rn|^ by bfifce ofttwCity CjM, elth&b^ hmd deffir^, no ^ than local titn& 0hP''Ciosing Dafo") dh Steptembdr f&id^liyery must be made Mont^y through Bfday ffpm 9 A^M. tp-fi diiferent tfine fs provided above for the Closing bate, i6 the di^te of GityClerfc, , APra^ipinasafThb^gfeK^^bchedulwtfbgiffi : Nlcanga A. Payne, CMC . : ^ G% Cleiitt City of South Miami 8/2i . 1B-^i^iXJQtHJ341724M ■•••. . -.r.- .- ■■ 'V. ; • • s • • ,?r*). ■• eA},fOi-ftA?»g>!A^ II J'f' ui K -j*not;:ri«iii-T'"/.?' A\\I I:J .sf.'" .1' ivi." ■'i as?.; •■ 2 I' ;- • -i -M ;-^.iS.:<-! "if.-: /.-rif-irSTV-i! ,^/liSouth''Miami THE CITY OF PLEASANT LIVINC CITY OF SOUTH MIAMI IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL20l8-20 SUBMITAL DUE DATE: September 14, 2018 at 10:00 AM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as "GSM") through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposals" or "RFP"). All references in this Solicitation (also referred to as an "Invitation for Proposals" or "Invitation to Bid) to "City" shall be a reference to the City Manager, or the manager's designee, for the City of South Miami unless othenvise specifically defined or unless the context in which the word is used requires it to mean the City of South Miami. The City is hereby requesting sealed proposals in response to this RFP #PL20I8-20"IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION." The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (Exhibit I, Attachment A) and Respondent's Cost and Technical Proposal, or the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project"). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package at the City Clerk's office Monday through Friday from 9:00 a.m. to 5:00 p.m. or by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The Proposal Package shall consist of one (I) original unbound proposal, three (3) additional copies and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: "IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION," RFP #PL2018-20 and the name of the Respondent (person or entity responding to the Solicitation. Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10:00 A.M. local time (the "Closing Date") on September 14, 2018. A public opening will take place at 10:00 a.m. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10:00 a.m. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. Hand delivery must be made Monday through Friday from 9 A.M. to 5 P.M., unless a different time Is provided above for the Closing Date, to the office of City Clerk. Proposals are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this Solicitation Package. The City reserves the right to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price or, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. Nkenga A. Payne, CMC City Clerk, City of South Miami Page I of 56 SCOPE OF SERVICES and SCHEDULE OF VALUES IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL20l8-20 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I END OF SECTION Page 2 of 56 SCHEDULE OF EVENTS IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL20l8-20 No Event Date''' Time* (EST) 1 Advertisementy Distribution of Solicitation & Cone of Silence begins 8/20/2018 3:00 PM 2 NONE SCHEDULED N/A N/A 3 Deadline to Submit Questions 9/5/2018 10:00 AM 4 Deadline to City Responses to Questions 9/10/2018 10:00 AM 5 Deadline to Submit RFP Response 9/14/2018 10:00 AM 6 Projected Announcement of selected Contractor/Cone of Silence ends 10/2/2018 7:00 PM END OF SECTION Page 3 of 56 INSTRUCTIONS for RESPONDENT IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL20l8-20 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM. 1. Purpose of Solicitation. The City of South Miami is requesting proposals for the lowest and most responsive price for the Project. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this Solicitation where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of South Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in person, and shall be knowledgeable of the terms of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. This order of precedence shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Addenda to Solicitation b) Attachments/Exhibits to the Solicitation c) Solicitation d) Attachment/Exhibits to Supplementary Conditions e) Supplementary Conditions to Contract, if any. f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract, if any i) Respondent's Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours (not including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request for permission to withdraw the firm's Proposal; and d) The firm submits an explanation in writing, signed under penalty of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in bad faith. 7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover Letter shall govern and take precedence over the conflicting provision(s) in the Solicitation. Page 4 of 56 10 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing by 10:00 AM September 5, 2018 to the attention of Steven P. Kulick, Chief Procurement Officer, at skulicki^southmiamifl.gov or via facsimile at (305) 669-2636. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, shall be issued by a written addendum to the Solicitation Package (also known as "Solicitation Specifications" or "Solicitation") by U.S. mail, e-mail or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. 10. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 1 1. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in accordance with Section 8A-7. of the City's Code of Ordinance. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence ordinance. Section 8A-7, has been duplicated at the end of these instructions. 12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer shall not be considered for any Solicitation including but not limited to one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing, or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (I) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents who intend to submit, or who submitted, bids or responses for this Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-5 (c) (9), of the City's Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. See section 8A-5 of the City's Code of Ordinances for further information and contaa the City Clerk to register as a lobbyist. 14. Reservation of Right The City anticipates awarding one contract for services as a result of this Solicitation and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the Solicitation documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. ^ ^ Page 5 of 56 g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City. j) to aNvard the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity: may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor lisL 17. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and correction. Proposals shall be signed using blue ink; all quotations shall be typewritten, or printed with blue ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or "NA". The proposal shall be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as part of its Proposal, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) The completed Proposal Form fully executed. d) Proposal/Bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of Insurability. 18. Goods: If goods are to be provided pursuant to this Solicitation the following applies: a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City shall be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so shall be at the Respondent's risk, and errors shall not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested subsequent to the Proposal opening, they shall be delivered .j ^ within ten (10) calendar days of the request. The City shall not be responsible for the return of samples. Page 6 of 56 e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a period of one hundred eighty (180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation shall be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents shall furnish a certified copy of all licenses. Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal/Bid Bond, if required for this Project. 20. Respondent shall comply with the City's insurance requirements as set forth in the attached EXHIBIT 3, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City's bonding, if required for this project, and insurance requirements as set forth herein shall authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this Solicitation shall not be responsive unless the Respondent signs the form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this Solicitation package. The Respondent agrees that Respondent's signature on the Bid Form and/or the form of contract that is a part of the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from the proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on any of those documents as the Respondent's signature on the contract, after the appropriate information has been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions of the contract 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause for rejection of the Proposal as determined by the City. 25. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to ^ ^ sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract. Page 7 of 56 as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal shall act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover its attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees, court costs and expenses associated with the litigation are awarded to the City, the Proposal/Bid Bond, if required for this project, shall be applied to the payment of those costs and any balance shall be paid by the Respondent. 26. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or termination of the contract. 27. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security. 28. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition, if the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The bonds shall be with a surety company authorized to do business in the State of Florida. 28.1. Each Performance Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 28.2. Each Performance Bond shall continue in effect for five years after fi nal completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 28.3. Each Payment bond shall guarantee the full payment of all suppliers, material man, laborers, or subcontractor employed pursuant to this Project. 28.4. Each Bond shall be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 28.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 28.6. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 29. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this Solicitation package, the successful Respondent, within ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time shall, at the City's option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security shall be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Proposal/Bid Bond. 30. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is provided before the proposal is Page 8 of 56 submitted, the contract price shall include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal, the Respondent shall have five calendar days to notify the City of any additional costs required by such conditions and the City shall have the right to reject the proposal and award the contract to the second most responsive, responsible bidder with the lowest price or to reject all bids. 31. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No change orders shall be allowed for delays caused by the City, other than for extensions of time to complete the Work. 32. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall include a fully completed Respondents Bid Form found on EXHIBIT 4 and Respondent's Cost and Technical Proposal, if any which is a part of this Solicitation Package. 33. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal when it is in the best interest of the City. 34. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 35. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal, partners, members or stockholders (collertively referred to as "Respondent Debtors"). A bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No bidder who is in default of any prior contract with the City may have their bid considered until the default is cured to the satisfaction of the City Manager. 36. Bid Protest Procedure. See attached EXHIBIT 6. 37. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHIBIT NIA 38. Availability of Contract - Any Governmental or quasi-governmental entity, in this or in any other state, or any federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this solicitation and purchase any and all goods/services specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations allows the piggybacking off said contract and provided that the successful bidder(s)/proposer(s) is/are in agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting bid contractor agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 39. 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 any contract awarded pursuant to this solicitation, then the City, upon written notice to Successful Bidder or their 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 Respondent(s). 40. Most Favored Public Entity. Respondent represents that the prices charged to City 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 respondent's prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. Respondent shall immediately extend the same prices to City. 41. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records, and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential shall include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non-confidential and confidential information, the Respondent shall provide a redacted copy of the document and an unredacted Page 9 of 56 copy. In addition, the Respondent shall prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent shall cite the statutory provision that provides the basis for the Respondent's claim that the document or a portion of the document is confidential and below the citation the Respondent shall copy and paste the applicable statutory provision (this listing requirement shall hereinafter be referred to as "properly list" or "properly listed" confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential shall result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document. The City shall not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent shall indemnify the City for any damages and costs the City may incur due to the Respondent's claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. 42. Definitions. The following definitions shall govern the interpretation of this RFP: "Certify", including all of its tenses, such as "certifies", "certifying" and "certified", shall mean the act of swearing or affirming under penalty of perjury that the facts that are being "certified" are true and correct and it shall be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a declaration, under penalty of perjury, as to the truth of the statement pursuant to Florida Statutes, Section 92.525. END OF SECTION 16 Page 10 of 56 CONE OF SILENCE ORDINANCE, SECTION 8A-7 IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL20l8-20 Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add a new section 8A-7 which is to read as follows: Sec. 8A-7. Cone of Silence: (A) Definitions. (1) "Cone of silence", as used herein, means a prohibition of any communication regarding competitive solicitations such as a request for proposal ("RFP"), request for qualification ("RFQ"), request for information ("RFI") or request for bid ("RFB"), between: (a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the "Potential Bidder"), or agent representative, lobbyist or consultant for the Potential Bidder; (hereinafter referred to as the "Bidder's Representative") and (i) Members of the City Commission or (ii) City's professional staff or (iii) Any member of the City's selection, evaluation or negotiation committee. (b) Members of the City Commission shall not communicate with professional staff or members of the selection, evaluation and negotiation committees at any point in the competitive process except as provided in paragraph D (3) below. (2) "City's professional staff' means City Department Heads and their staff and the City Manager and Deputy City Manager and their staff including consultants involved in the solicitation, evaluation and negotiation process. (B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation, commencing with the date that the advertisement of said solicitation is published and the requirements of this section shall be included in the solicitation. At the time of imposition of the cone of silence, the City Manager or Manager's designee shall: (a) provide for public notice of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on each City Commissioner. (C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission or at the time that the solicitation process is terminated by the City Manager. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the cone of silence shall be reimposed until the beginning of the City Commission meeting at which the City Manager makes a subsequent written recommendation. (D) Exceptions to applicability. The provisions of this section shall not apply to: (1) Communications at a duly noticed pre-bid conferences or at any duly noticed public Selection or Negotiation Committee meeting or duly noticed public City Commission meeting at which the City Manager has placed the subject of the solicitation on the Agenda; (2) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in Florida Statutes Section 286.01 13; 17 Page I I of56 (3) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the Selection or Negotiation Committee meetings; (4) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or Bidder's Representative. The City Clerk shall make copies available to any person upon request; (5) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's Purchasing Agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (6) Communications with the City Attorney and his or her staff; (7) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (8) Any emergency procurement of goods or services pursuant to City Code; (9) Responses to a request made by the City's Purchasing Agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (10) Communications prior to bid opening between City's professional staff and Potential Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a Potential Bidders and/or Bidder's Representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. (F) Penalties. Violation of this section by a particular bidder or proposer, or their representative, shall render any award to said bidder or proposer voidable by the City Commission and/or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action at the discretion of the City Manager. END OF SECTION 18 Page 12 of 56 Proposal Submlttal Checklist Form IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL20l8-20 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response shall include the following items: Attachments and Other Documents described below to be Completed IF MARKED WITH AN "X": Proposal Package shall consist of one (I) original unbound proposal, X three (3) additional copies and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy ^ Supplemental Instructions for Respondents, EXHIBIT 2 ^ Indemnification and Insurance Documents, EXHIBIT 3 X Respondents Bid Form, EXHIBIT 4 ^ Professional Services Contract, EXHIBIT 5 ^ Respondents Qualification Statement ^ List of Proposed Subcontractors and Principal Suppliers ^ Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest ^ Drug Free Workplace ^ Acknowledgement of Conformance with OSHA Standards ^ Affidavit Concerning Federal & State Vendor Listings ^ Related Party Transaction Verification Form ^ Presentation Team Declaration/Affidavit of Representation Check Completed. Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 19 Page 13 of 56 RESPONDENT QUALIFICATION STATEMENT IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL20l8-20 The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of similar projects completed, a) In the past 5 years In the past 5 years On Schedule b) In the past 10 years In the past 10 years On Schedule List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price Page 14 of 56 20 Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: d) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contraa Price: e) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: 21 Page 15 of 56 3. Current workload Project Name Owner Name Telephone Number Contract Price nnnn nnnn 4. The following information shall be attached to the proposal. a) respondent's home office organization chart. b) respondent's proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 22 Page 16 of 56 Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 23 Page 17 of 56 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP#PL20l8-20 Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Work Subcontractor Name Address Telephone, Fax & Email Other This list shall be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 24 Page 18 of 56 NON COLLUSION AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) being first duly sworn, deposes and states that (I) He/She/They is/are the (Owner, Partner, Officer, Representative or Agent) of the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: By: Witness Signature Witness Print Name and Title Date ACKNOWLEDGEMENT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. 25 Page 19 of 56 WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: Notary Public, State of Florida (Name of Notary Public: Print, Stamp or type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. 26 Page 20 of 56 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier. Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to [print name of the public entity] by [print individual's name and title] for [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: •) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (1 )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes, means a fi nding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima fecie case that one person controls 27 Page 21 of 56 another person. A person who knowingly enters Into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives. partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives. partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives. partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list, [attach a copy of the fi nal order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES. FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [Signature] Sworn to and subscribed before me this day of , 20 Personally known OR Produced identification Notary Public — State of My commission expires (Type of identification) (Printed, typed or stamped commissioned Form PUR 7068 (Rev.06/1 1/92) name of notairy public) 28 Page 22 of 56 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. respondent's Signature: Print Name: Date: 29 Page 23 of 56 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, , (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTOR for the IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consultant, if any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub-contractor's names): to comply with such act or regulation. CONTRACTOR Witness BY: Name Titii 30 Page 24 of 56 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name Does appear on one or all the "Listings" summarized below. Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted susp ended discriminatory complaints vendor lists DECLARATION UNDER PENALTY OF PERJURY I, (hereinafter referred to as the "Declarant") state, under penalty of perjury, that the following statements are true and correct: (1) I represent the Respondent whose name is . (2) I have the following relationship with the Respondent (Owner (if Respondent is a sole proprietor). President (if Respondent is a corporation) Partner (if Respondent is a partnership). General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_di scriminatory_complaints_vendor_lists (4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List FURTHER DECLARANT SAYETH NOT. (Print name of Declarant) By: (Signature of Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMl-DADE ) On this the day of , 20 , before me, the undersigned authority, personally appeared who is personally know to me or who provided the following identification and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Declarant WITNESS my hand and official seal. Notary Public, State of Florida NOTARY PUBLIC: SEAL (Name of Notary Public: Print, Stamp or type as commissioned.) 31 Page 25 of 56 RELATED PARTY TRANSACTION VERIFICATION FORM , individually and on behalf of ("Firm") have Name of Representative Company/Vendor/Entity read the City of South Miami ("City")'s Code of Ethics, Section 8A-I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief; (1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is(are) an appointed or eleaed official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a fi nancial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath), [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a fi nancial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elerted and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the fi nancial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as 32 Page 26 of 56 follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\l2.28.l2 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath), [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a fi nancial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath), [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fi ne and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: Print Name & Title: Date: 33 Page 27 of 56 Sec. 8A-I. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however tided. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirecdy, often percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be v^ived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. Page 28 of 56 No person included in the terms defined in paragraphs (b)(l) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)(1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)( I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)( I) through (6), or for any person included in the terms defined in paragraphs (b)( I) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 1 12, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirecdy, for personal gain or benefit. 35 (i) Conflicting employment prohibited. Page 29 of 56 No person included In the terms defined in paragraphs (b)( I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties, (j) Prohibition on outside employment (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I -11 of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All fiill-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, direcdy or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official aaion directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)( 1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the fi nancial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional ^0 Page 30 of 56 or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b){ I), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application. Solicitation, RFQ, bid, request for ruling or other determination, contract claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501 (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subjea described in paragraph (p)(l) in which the city or one of its agencies is a party or has any direa and substantial interest; and in which he or she participated direcdy or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6-99-1680, § 2, 3-2-99) Editor's note- Ord. No. 6-99-1680, § I, adopted 3-2-99, repealed §§ 8A-I and 8A-2 in their entirety and replaced them with new §§ 8A-1 and 8A-2. Former §§ 8A-1 and 8A-2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (I A-1), I (I A-2) adopted Jan. 11,1969. END OF SECTION 37 Page 31 of 56 PRESENTATION TEAM DECLARATION/AFFIDVAIT OF REPRESENTATION This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, , makes the following declaration under penalty of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this day of , 20 . Signature of Representative Print Name and Title Print name of entity being represented Page 32 of 56 38 NOTICE OF AWARD IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP#PL20l8-20 The City has considered the Proposal submitted by your firm for the IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION in response to its advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal has been accepted for the IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION in the amount of $ . You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you. Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required insurance documentation within ten (10) calendar days from the date of this notice, the CITY shall have the right and be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year contract requiring payment out of more than one year's appropriation, the award and the contract must be approved by the City Commission before it is binding on the City. BY: Steven Alexander City Manager Dated this day of , 20 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by On this the day of , 20 . BY: TITLE: You are required to return an acknowledged copy of this Notice of Award to the City Manager. END OF SECTION 39 Page 33 of 56 Exhibit#! Scope of Services Attachment A IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL20l8-20 I. Background South Miami is a city in Miami-Dade County, Florida, United States. The population was 10,741 at the 2000 census and according to the U.S. Census Bureau for 2010 it was 11,657. State of Florida uses Bureau of Economic and Business Research (BEBR) numbers for calculations for budget and this number is 12,912. South Miami is served by the Miami Metrorail at the South Miami Station. The station is at the intersection of US-1 and Sunset Dr., and services the surrounding South Miami neighborhood, including South Miami Hospital and the South Miami city government offices. South Miami contains fifteen (15) parks and recreation facilities throughout the City, totaling approximately 48 acres of parkland. The sites include twelve (12) parks, a 22,000 square feet community center, an aquatic center, and a senior center owned by the County, but managed by the City. In addition to open grass areas and playgrounds, features include tennis courts, jogging path, dog park, splash pad and lighted sports fields. A summary of the Park offerings are below: 48 acres of parkland 12 parks and 3 facilities 1 outdoor pool 1 splash pad 1 jogging/walking path 4 playground and 4 tot lot areas 1 dog park 1 fitness center 1 indoor basketball gymnasium 4 outdoor basketball courts 4 handball courts 2 sand volleyballs 5 softball/baseball fields 1 tee-ball field 12 athletic multipurpose fields 6 clay tennis courts 4 hard tennis courts 3 pavilions and 4 gazebos 40 Page 34 of 56 II. Scope of Work The main objective of the scope of work is for a Consultant to prepare an impact fee study for Parks and Recreation land acquisition. Consultants are urged to review the City's Park Master Plan and Amendments which can be accessed on the City's website: www.southmiamifl.gov A link to the Parks Master Plan and Amendments website page is provided below: www.southmiamifl.gov/51 1 /Master-Plan The Consultant will be responsible for the following Tasks and Deliverables for this Project: TASK I: PROJECT INITIATION I DATA ACQUISITION The purpose of this Task is to develop a complete understanding of the City of South Miami's land use planning issues as well as to begin to identify relevant policy issues for consideration in the crafting of the impact fee methodology. The Consultant will meet with appropriate City staff and schedule a Project "kick-off' meeting to review activities and deliverables. During this Task, the Consultant will meet with City staff to establish lines of communication, review and discuss project goals and policies related to the project, review the project schedule (and revise if necessary), and request additional data and documentation related to the project. The specifics of the initial discussion with project staff should include, but not be limited to: Review and refine work plan and schedule, if appropriate. Assess information needs and required staff support. Discuss the City of South Miami's current infrastructure needs. Discuss overall capital facility financing issues. Identify and discuss trade-offs with different impact fee approaches including: residential fees by house size; suggested expanding nonresidential fee schedule; and geographic services areas. n Identify and collect data and documents relevant to the analysis. n Become familiar with the City's economic development goals. /^eetrngs; One on-site City visit to meet with various City project management team. Deliverables: Data request memorandum. TASK 2: DEVELOP LAND USE ASSUMPTIONS AND DEVELOPMENT PROJECTIONS The purpose of this Task is to review and understand the current demographics of the City of South Miami as they relate to growth and development and to determine the likely Page 35 of 56 development future for the City in terms of new population, housing units, employment, and nonresidential building area over the next twenty (20) years. In this Task, the Consultant shall update current development estimates and projections of future development to reflect recent Census and other data sources, such as the Bureau of Economic and Business Research. {Note: The City is nearing completion on an update to the Comprehensive Plan and some of the required information may be obtained from that document). The Consultant shall prepare a plan that includes projections of changes in land uses, densities, intensities, and population for a specific service area. A map of the area to which the land use assumptions apply shall also be included, by the Consultant, in this task. Meetings: Discussions/meetings with the City's Planning and Zoning Department and the Parks and Recreation Department will be part of Task I, as well as conference calls, as needed. Deliverables: The Consultant shall prepare a draft technical memorandum discussing the recommended land use factors and projections. After review and approval by the City, a final memorandum shall be issued. TASK 3: DETERMINE CAPITAL FACILITY NEEDS AND SERVICE LEVELS This Task as well as Tasks 4-6 may vary somewhat depending on the methodology applied. Identify Facilities/Costs Eligible for Impact Fee Funding: As an essential part of the "nexus analysis," the Consultant shall evaluate the impact of development on the need for additional facilities, by type, and identify costs eligible for impact fee funding. Elements of the analysis shall include but not be limited to: n Review facility plans, fixed asset inventories, and other documents establishing the relationship between development and facility needs by type. n Identify planned facilities, vehicles, equipment, and other capital components eligible for impact fee funding. n Prepare forecasts of relevant capital facility needs. n Adjust costs as needed to reflect other funding sources such as grants, State/Federal funding, and dedicated revenue streams (e.g., gas taxes). As part of calculating the impact fee, the City may include the construction contract price; the cost of acquiring land, improvements, materials, and fixtures; the cost for planning, surveying, and engineering fees for services provided for and directly related to the construction system improvement; and debt service charges, if the City might use impact fees as a revenue stream to pay the principal and interest on bonds, notes or other obligations issued to finance the cost of system improvements. All these components will be considered in developing an equitable allocation of costs. Page 36 of 56 42 Identify Appropriate Level of Service Standards: The Consultant shall review needs analyses and Level of Service (LOS) for each facility type. Activities related to this Task include: n Apply defined service standards to data on future development to identify the impacts of development on facility and other capital needs. This will include discussions with appropriate City staff of the existing versus adopted LOS, as appropriate. n Determine and evaluate the actual demand factors (measures of impact) that generate the need for each type of facility to be addressed in the study. n Identify actual existing service levels for each facility type. This is typically is expressed in the number of demand units served. n Define service standards to be used in the impact fee analysis. n Determine appropriate geographic service areas for each fee category. Meetings: One (I) meeting with City staff to discuss capital facility needs and levels-of-service. Deliverables: Memoranda as appropriate: see Task 7. TASK 4: EVALUATE DIFFERENT ALLOCATION METHODOLOGIES The purpose of this task is to determine the methodology most appropriate for each impact fee category. Three (3) basic methodologies that can be applied in the calculation of impact fees: plan-based, incremental expansion, and cost-recovery approaches. Selection of the methodology for each component of the impact fee category will depend on which is most beneficial for the City of South Miami. The Consultant shall prepare the impact fees for an infrastructure category using several methodologies and will provide trade-offs for each category with the City. This discussion with the City will allow for the utilization of a combination of methodologies within one fee category. For instance, a plan-based approach may be appropriate for a new building while an incremental approach may be appropriate for support vehicles and equipment. The Consultant is expected to test all possible methodologies to provide the City assurances the maximum supportable impact fee will be developed. Policy discussions shall be held at the City staff level regarding the trade-offs associated with each allocation method prior to proceeding to the next Task. /\4eetfngs; One (I) meeting with City staff to discuss issues related to allocation methodologies. Deliverables: A Presentation on Fee Categories. TASK 5: DETERMINE NEED FOR AND CALCULATE "CREDITS" Page 37 of 56 43 The Consultant shall take into consideration "credits" that may be applied to the development of a legally valid impact fee methodology. The Consultant shall be familiar with the use of "credits" it's definition and why it may be required. There are two types of "credits" that are included in the calculation of impact fees, each with specific, distinct characteristics. The first is a credit due to possible double payment situations. This could occur when a property owner will make future contributions toward the capital costs of a public facility covered by an impact fee. The second is a credit toward the payment of an impact fee for the required dedication of public sites and improvements provided by the developer and for which the impact fee is imposed. The Consultant shall consider both types of credits to be considered and addressed in the impact fee study. Deliverables: Memoranda as appropriate; see Task 7. TASK 6: CONDUCT FUNDING SOURCE AND CASHFLOW ANALYSIS The Consultant shall take into consideration any and all anticipated funding sources; including capital facility costs and any deficits. This calculation will allow the City of South Miami to better understand the various revenue sources possible and the amount that would be needed if the impact fees were discounted. The initial cash flow analysis should indicate whether additional funds might be needed or if the CIP might need to be changed to have new growth pay its fair share of new capital facilities. This could also affect the total credits calculated in the previous Task. Therefore, it is likely the Consultant may need to conduct a number of replications in order to refine the cash flow analysis reflecting the capital improvement needs. Deliverables: Memoranda as appropriate; see Task 7. TASK 7: PREPARE IMPACT FEE REPORT & PUBLIC PRESENTATIONS The Consultant shall prepare a draft report for the City's review. The Consultant's Impact Fee Study Report shall include but not be limited to, visuals such as; flow diagrams clearly indicating the methodology and approach, a series of tables for each component showing the data assumptions and figures, and a narrative explaining all of the data assumptions, sources and methodologies. The report will be a stand-alone document and must be clearly understood by interested parties. The report shall include but not be limited to: n Executive Summary n Detailed description of the methodologies used during the study n Detailed description of all level-of-service standards, cost factors used and accompanying rationale. This also includes an assessment of impact on the City's park concurrency requirements and any suggested modifications. n Detailed schedule of all proposed fees listed by land use type and activity 44 Page 38 of 56 n Other information which adequately explains and justifies the resulting recommended fee schedule n Cash Flow Analysis n Implementation and Administration Procedures. Following the City's review of the draft report, the Consultant shall make mutually agreed upon changes to the Impact Fee Report. Meetings: One (I) meetings/presentations to present results. Deliverables: Draft and final reports and presentation materials for meetings. III. Project Schedule: Respondent shall complete the project, in accordance with Exhibit I, "Scope of Services," within 120 calendar days from the Notice to Proceed. END OF SECTION 45 Page 39 of 56 EXHIBIT 2 SUBMITTAL INSTRUCTIONS FOR RESPONDENTS IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITON RFP #PL20l8-20 Firms shall prepare their submittals using the following format and should include, but not be limited, to the following: 1. Letter of Transmittal a.) This letter will summarize in a brief and concise manner, the respondent's understanding of Exhibit I, Project Background <fi Scope of Services, Attachment A and make a positive commitment to timely perform the work. b.) The letter must name all of the persons authorized to make representations for the respondent including the titles, addresses, and telephone numbers of such persons. An authorized agent of the respondent must sign the Letter of Transmittal indicating the agent's title or authority. The letters should not exceed two pages in length. 2. Statement acknowledging receipt of each addendum issued by the City. 3. Qualifications and experience of the firm(s)/individual(s) who will provide the services. 4. The submission should include: A. Proposal Package and Labeling/Marking Requirements: All submissions shall consist of one (I) unbound original and three (3) copies, 3-ring binders are not permitted. One (I) digital or comparable medium including Flash Drive, DVD or CD copy is ALSO required. Submission packages shall be tabbed according to a Table of Contents. The original and all copies shall be clearly marked accordingly as "original" or "copy." The digital copy and the three (3) copies must be exact duplicates of the original submission. FAILURE TO PROVIDE EXACT COPIES SHALL RESULT IN SUBMITTAL BEING DESIGNATED NON-RESPONSIVE. B. Title Page Show the name of Respondent's agency/firm, address, telephone number, and name of contact person, email address, date, and the subject* "Impact Fee Study for Parks & Recreation Land Acquisition,** RFP #PL20l8-20. C. Table of Contents Include a clear identification of the material by section and/or by page number. Page 40 of 56 46 p. Qualification Statement The Qualification Statement shall be written in sufficient detail to permit the City to conduct a meaningful evaluation of the proposed services. The Qualification Statement should be delivered in two parts. The first part is the technical submittal that shall consist of subsections (I) through (5), listed below, where subsections (I) through (3) shall be no more than 15 pages single-sided. Where (I) through (3) contain no more than the 15 page limit, the evaluation committee shall be instructed to disregard all pages in excess of the limitation. The second part is all standard forms and affidavits; refer to "Proposal Submittal Checklist Form," in the RFP and #5 below, and fully executed by an authorized officer of the Respondent. The technical submittal should be divided into subsections as described below. 1. Executive Summary: a. Provide a brief summary describing the Respondent's approach to the work called for by the RFP and ability to perform the work requested; the Respondent's background and experience in providing similar services. This summary should be brief and concise to advise the reader of the basic services offered, experience and Proposal of the Respondent, staff and any other relevant information. A Project/Client Manager should be provided and assigned to manage all aspects of this work. 2. Respondent's Experience: a. Describe the Respondent's organization; history and background; principals, officers, owners, board of directors and/or trustees; the primary markets served; the total current number of employees; the current number of professional employees by classification; and state the number of years that the Respondent has been in business. 3. Respondent's Past Performance: a. Provide a detailed description of comparable contracts (similar in scope of services to those requested herein) which the Respondent has either ongoing or completed within the past five (5) years. The description should identify for each project (I) the client, (2) description of work, (3) total dollar value of the contract, (4) contract duration, (5) customer contact person and phone number of reference, (6) statement or notation of whether Respondent is/was the prime Consultant or subcontractor or sub-consultant, and (7) the results of the project. 4. Organization Chart: a. Provide an organization chart showing all key individuals (including the Project/Client Manager) assigned to their area of responsibility, Page 41 of 56 including their company, title, years of experience and years employed in current title at present or former firms. This chart must clearly identify the Respondent's employees and those of the sub-consultants. Provide professional licenses on pertinent key personnel (including sub- consultants) to be assigned for the services of this RFP. 5. Fulfiilment of All Solicitation Documents: a. Respondents shall submit all forms and documents listed in the "Proposal Checklist Submittal Form." Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Note: Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records, and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential shall include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non-confidential and confidential information, the Respondent shall provide a redacted copy of the document and an unredacted copy. In addition, the Respondent shall prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent shall cite the statutory provision that provides the basis for the Respondent's claim that the document or a portion of the document is confidential and below the citation the Respondent shall copy and paste the applicable statutory provision (this listing requirement shall hereinafter be referred to as "properly list" or "properly listed" confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential shall result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document. The City shall not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent shall indemnify the City for any damages and costs the City may incur due to the Respondent's claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give Page 42 of 56 the Respondent an opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. END OF SECTION 49 Page 43 of 56 EXHIBIT 3 IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL20l8-20 Insurance & Indemnification Requirements Insurance A. 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. B. 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 Page 44 of 56 50 (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 set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: A. 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. B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. Miscellaneous: A. 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. B. 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. C. 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. D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT 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 I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (I) 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 Page 45 of 56 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"; (2) 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." E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives. Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. 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, fi nes, 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 (I), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this 52 Page 46 of 56 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. END OF SECTION 53 Page 47 of 56 EXHIBIT 4 IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL20l8-20 RESPOINDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 1. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachment A & B) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all of the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the pricing of change orders. The Contraa Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent shall furnish all labor, materials, equipment, tools, superintendence and services necessary to provide a complete, in place. Project for the Proposal Price. If this Solicitation requires 54 Page 48 of 56 the completion of a Respondents Cost and Technical Proposal as may be set forth in in an exhibit to this Solicitation, such proposal must be attached to the Respondents Bid Form, if any, and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: LUMP SUM BASE PRICE: dollars and cents Alternates: # I #2 A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information shall render the proposal non-responsive. 5. The ENTIRE WORK shall be completed, in full, within N/A days from the commencement date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person 7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. 9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and I agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and which have been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalty of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct to the best of my knowledge, information and belief. SUBMITTED THIS DAY OF 20 . PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Titie END OF SECTION Page 49 of 56 55 EXHIBIT 5 Professional Services Contract IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL2018-20 THIS CONTRACT, entered into this day of , 20 , by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL., E-mail: salexander@southmiamifl.gov and Arbor Tree & Land, Inc., with an office and principal place of business located »and E-mail address of and Facsimile transmission number of (hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS, the CITY is in need of an IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION; and WHEREAS, the CITY desires to retain CONTRACTOR to provide the required goods and/or services based on CONTRACTOR'S representations which reflect that CONTRACTOR is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY'S goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required goods and/or 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 Contractor: Based on the representations of CONTRACTOR as set out in the following "checked" documents the CITY hereby retains CONTRACTOR to provide the goods and/or services set forth in said proposal, quote or response to solicitation, whichever is applicable, as modified by the Contract Documents, or as is otherwise set forth in the Contract Documents defined below (all of which is hereinafter referred to as the Work"). (Check the box immediately preceding the document described below to indicate that such document is part of this Contract) [V] Contractor's response to the CITY's written solicitation; or See Attachments I & 2 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] Scope of Services, See Attachment 3 [V] CITY'S insurance & Indemnification Requirements, See Attachment 4 This Contract and the General Conditions to Contract Supplementary Conditions, the Solicitation, Scope of Services and "Other Documents", if any are "checked documents", shall take precedent over the Page 50 of 56 56 response to the CITY's Bid Documents, if any, or the proposal or the quote, if any. The "checked documents" are attached hereto and made a part hereof by reference. 3) Date of Commencement: CONTRACTOR shall commence the performance of the Work under this Contract on the date as set forth in the text following a checked box, [ ] oh I^A or a [V] date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"), or as set forth in the CONTRACTOR'S proposal or quote and shall complete the performance hereunder within 120 Calendar Days from the Notice to Proceed, or the length of time set forth in the Contract Documents, whichever is the shorter period of time. In any event, the term shall not exceed five years. Time is of the essence. 4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's designee, who shall be designated in a writing signed by the Manager. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows: ' lltiWUL i'- n I^AX;. Street Address: . 5) Scope of Services: The goods and/or services to be provided are as set forth in the "checked documents". 6) Compensation: The CONTRACTOR'S compensation for CONTRACTOR'S performance under the terms and provisions of this Contract, or CONTRACTOR'S payments in the event CONTRACTOR is paying the City for the uses of the CITY's property or services, (hereinafter referred to as the Contract Price) shall be as indicated next to one of the following checked boxes, [V]_as set forth in contractor's response to the CITY's written solicitation, if any, or, if none, then as set out in contractor's proposal or quote, N/A the Scope of Services, or as set forth in, or modified by, one of the Contract Documents, whichever is applicable. 7) Hours of Work: In the event that this Contract requires the performance of services, it is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is included in the Contract Price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Manager's assistant or designee. 8) Time Provisions: The term of this Contract shall commence on the Work Commencement Date and shall continue for One (h Year, or until it expires on |^A or unless earlier terminated according to the Contract Documents. Notwithstanding the foregoing, this Contract may be extended by an additional N/A period if the extension is in writing and signed by the City Manager. An extension of the term of this Contract is at the CITY's sole and absolute discretion. In any event, and notwithstanding any other provision to the contrary in this Agreement, or any attachments thereto, this Agreement shall not exceed a total term of Five (5) Consecutive Years, including any extensions thereto. 9) Termination: This Contract may be terminated without cause by the CITY with 30 days of advanced written notice. This provision supersedes and takes precedence over any contrary provisions for termination contained in the Contract Documents. 10) 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. Page 51 of 56 1 1)Duties and Responsibilities: CONTRACTOR 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. 12) 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 City Manager and in accordance with the Contract Documents. 13) Licenses and Certifications: Contractor shall secure all necessary business and professional licenses at its sole expense prior to executing this Contract or commencing the Work. 14) insurance, Indemnification & Bonding: CONTRACTOR shall comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. 15) Liquidated Damages: In the event that CONTRACTOR shall fail to complete the Work within the time limit set forth in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of N/A until the Work is completed. 16) Jury Trial Waiver: The parties waive their right to jury trial. 17) 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 City Commission, 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. 18) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s. 1 19.0701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, 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 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 CONTRACTOR 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 CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If CONTRACTOR transfers all public records to the public agency upon Page 52 of 56 58 completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmlamlfl.gov; 6130 Sunset Drive, South Miami, FL .33143. 19) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, 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. CONTRACTOR 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 City. A violation of this requirement shall constitute a substantial breach of this Contract. 20) Drug Free Workplace. CONTRACTOR 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. 21) Transfer and Assignment. None of the work or services under this Contract shall be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. 22) Non-Approprlatlon 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 City, upon written notice to CONTRACTOR 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 CONTRACTOR. 23) Most Favored Public Entity. CONTRACTOR represents that the prices charged to City 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 CONTRACTOR'S prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, CONTRACTOR shall immediately extend the same prices to City. 24) 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 CONTRACTOR or his designated contact person. Return of mail, sent to the address Page 53 of 56 59 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. 25) Indemnification. In the event that any of the contract documents provide for indemnification, nothing contained therein shall imply that the City has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein shall be null and void and of no force or effect. 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. CONTRACTOR: Witnessed: By: By: ATTESTED: By: Nkenga A Payne City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: [name of signatory] CITY OF SOUTH MIAMI By: Steven Alexander City Manager By: City Attorney END OF SECTION 60 Page 54 of 56 EXHIBIT 6 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL20l8-20 The following procedures shall be used for resolution of protested solicitations and awards. The word "bid", as well as all of its derivations, shall mean a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. (a) Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk's office by e-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days after the City Commission meeting at which the recommendation is considered for action. A notice of intent to file a protest is considered filed when received by the City Clerk's office by e-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt (b) Protest of solicitation. A protest of the solicitation or award must be in writing ("Protest Letter") and submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of intent to file a protest The Protest Letter is considered filed when the Protest Letter and the required filing fee of $ 1,000 are both timely received by the City Clerk's office. In order for the Protest Letter and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk's office must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must also appear on a copy of the check issued for the payment of the filing fee, or, if payment is made in cash, a receipt must be issued by the Clerk's office reflecting the date of receipt of the payment. While the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be timely received until and unless the required filing fee of $1,000 is received by the City Clerk's office and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk's office showing the date of receipt. The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. (c) Computation of time. No time will be added to the above time limits for service by mail. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. (d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge the City's determination of what is in the City's best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. (e) Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City Manager may then, submit a recommendation to the City Commission for approval or disapproval of the protest, resolve the protest without submission to the City Commission, or reject all proposals. Page 55 of 56 61 (f) Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award or execution of the contract until the protest is resolved by the City Manager or the City Commission as provided in subsection (e) above, unless the City Manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. END OF DOCUMENT 62 Page 56 of 56 X' !■>- \ '" V /-^ / ,:• ^-C'sjCCS-^ Bids were opened on: BID OPENING REPORT Friday. September 14, 2018 after; 10:00am For: IIFV # PL2018-20 IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION COMPANIES THAT SUBMITTED PROPOSALS: 1. TISCHLERBISR.... 2. TINDALE OLIVER. AMOUNT: s^Mi^ioO-co s5%,{s^O-O0 THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk: VJWiryOn Ov .-PavJ AR.-.- Print Name ^ « Witness Witness Print Name Print Name Signature nature 63 IMPACT FEE STUDY 9.14.18NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGERBidderBid PriceBidPackage(1 Org; 3Copies; 1OiRital)BidFormBidderQuallf.Ref.List ofSubs'Non Coll.AffldavitPublic EntityCrimes andConflicts ofInterestDrug freeWorkplaceOSHAStdsFed.StateListingsRelatedPartyPresentationDec(1)Proof ofInsSignedContractSunBizTISCHLER BISE$24,860.00XXXXXXXXXXXXN/AXXTINDALE OLIVER$58,650.00XXXXXXXXXXXN/AN/AX(1) CONDITION OF AWARD64 eONpMIC r PLANNING -1 TischlerBiBC;, ir.c Cfirson Bise. AlCP. Prosiden! 4701 Snn.cjamore Road, S240 Beihascia, WO 208IB caraoni'ailiBvdilorbiBc.com Impact Fee Stud for Parks & Recreatioi Land Acquisition', RFP #PL2018-21 City of South Miami, Florid September 14, 201 Section 1: Executive Summary September 14,2018 Ms. Nkenga Payne, CMC, City Clerk Office of the City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 RE: Proposa! for RFP MPL2018-20 Impact Fee Update for Parks and Recreation Land Acquisition Ms. Payne, TischlerBise Is pleased to submit the enclosed proposal to provide an update to the City's Parks and Recreation Impact Fee Study. This assignment requires a consulting team with a unique combination of experience and expertise. We feel that TischlerBise is ideally suited to undertake this project based on our extensive national impact fee experience, as well as our previous experience witti the City of Soutti Miami. The City of South Miami is an established community, with a small town feel defined by ten distinct residential neight)orhoods. The vast majority of nonresidential development is located within a six-block radius from the Route 1 corridor that bisects the City. Nonresidential dev^opment radiates from the Route 1 and Sunset Drive intersection at which there is a Miami-Dade Transit MetroRail station. According to analysis conducted by TischlerBise, the City of South Miami has approximately 5 miilbn square feet of active nonresidential square feet that hosts just over 13,300 jobs. Based on recent development trends, the City of South Miami expects an extended period of slow growth dominated by redevelopment activity. Therefore, the City seeks to ensure its current parks and recreation impact fee methodology reflects current conditions. There are several points we would like to note that make our qualifications unique: n Depth of Experience. TischlerBise is the nation's leading impact fee and infrastructure financing consulting firm. Our qualified professionals bring an unparall^ed depth of experience to tiiis assignment. We have managed over 900 impact fee studies across the country - more than any other firm. We are innovators in the field, pioneering approaches for credits, impact fees by size of housing unit, and distance-related/tiered impact fees. More important, a TischlerBise impact fee methodology has never been challenged in a court of law. " Technical Knowledge of Land Use Planning and Local Government Finance. The City requires consulting expertise in the areas of land use planning, transportation, and economic development in the State of Rorida, as well as In local government finance. Many communities overtook the fact that impact fees are a land use regulation. TischlerBise wSI apply years of impact fee and land use and economic development planning experience within the context of overall City financial needs, and land TischlerBise *ISC*1 I ECONOMIC ! PI*HNI»(G use, transportation, and economic development policies. This will lead to a work product that is both defensible and that promotes equity. n Responsiveness. As a small firm, we have the flexibility and responsiveness to meet all deadlines of the City's project. We offer the City the level of service and commitment that the larger firms save for their biggest contracts. If you have any questions regarding our proposal, please feel free to contact me directly at (301) 320-6900, Extension 12. As the President of TischlerBise, I have the authority to negotiate and contractually bind the firm. We look forward to the possibility of working again with City of South Miami and are committed to providing cost-effective, high-quality support for this assignment. Sincerely, L. Carson Bise II, AlCP, President 4701 Sangamore Road, Suite S240 Bethesda, MD 20816 Phone: 800-424-4318 Ext. 12 E-mail: carson@ti5chlerbise.com TischlerBise riSCAL I ECOHOMlC PUANHING ill V, 'W'S-iL TIimJ Table of Contents Section 1: Executive Summary Section 2: Respondent's Experience Section 3: Past Performance Section 4: Project Organization Section 5: Declarations Section 6: Solicitation Documents I 1 10 12 19 20 IV TischlerBise PI5CAL I eCONOKiC • Section 2: Respondent's Experience TischlerBlse, Inc., was founded in 1977 as Tischler, Montasser & Associates. The firm became Tischler & Associates, Inc., In 1980 and TtschlerBise, Inc., in 2005. The firm is a Subchapter (S) corporation, is incorporated In Washington, D.C. Ail work related to this assignment will be conducted out of the firm's Bethesda. Maryland office. The firm employs eight professionals. The firm's legal address is: Principal Office L Carson Bise, AlCP, President 4701 Sangamore Rd, Suite 240 Bethesda, MD 20816 301.320.6900 x12 (w) | 301.320.4860 (f) carson@tischlerbise.com TischlerBlse is a fiscal, economic, and planning consulting firm specializing in fiscal/economic impact analysis, impact fees, market feasibility, infrastructure financing studies, and related revenue strategies. Our firm has been providing consulting services to public agencies for over thirty years. In this time, we have prepared over 700 fiscal/economic Impact evaluations and over 900 impact fee/Infrastructure financing studies - more than any other firm. Through our detailed approach, proven methodology, and comprehensive product, we have established TischlerBlse as the leading national expert on revenue enhancement and cost of growth strategies. TtschlerBise consistently exceeds our client's expectations, which is due in large part to the heavy involvement of our highly skilled principal-level professionals. We are proud of the fact that most of our clients retain TischlerBlse for return engagements. There are several areas that make our qualifications unique: n Unsurpassed Expertise. Our qualified professionals bring an unparalleled depth of experience to this assignment. We have managed over 900 impact fee studies across the country - more than any other firm. n Innovators. TischlerBlse has been at the forefront of developing unique and innovative approaches for impact fees that are based on the client's policy objectives and backed by rigorous primary data development and expert analysis. For example, TischlerBlse has developed and refined methodologies for calculating impact fees by size of housing unit and developing distance- related/tiered transportation impact fees. More important, a TtschlerBise impact fee methodology has never been challenged in a court of law. n National Thought Leaders. Both TischlerBlse principals for this assignment are considered national thought leaders on the subjects of Impact fees, infrastructure financing strategies, and fiscal/economic sustainability. Carson Bise, AlCP, recently Chaired the American Planning Association's Paying for Growth Task Force and was recently named an Affiliate of the National TischlerBlse FSCAJ. I ECOMOHIC PLAKHimG Center for Smart Growth Research & Education. Mr. Bise also serves on the Board of Directors for the Growth and Infrastructure Consortium, where he Is a frequent presenter at the annual conference. Julie Heriands, AICP, is also a frequent presenter at the Growth and Infrastructure Finance Consortium. Both Mr. Bise and Ms. Heriands are frequent speaker on impact fees and infrastructure financing at the state and national level for the American Planning Association, National Association of Homebullders, Urban Land Institute, and the Govemment Finance Officers Association. n Consensus Builders. Our seasoned Project Team has actively participated in legislative body meetings and citizen committees to educate stakeholders regarding the technical process of impact fee calculations as well as the pros and cons of impact fees, particularly during challenging economic times. We have unsurpassed experience as consensus builders working with a broad cross-section of urban, suburban, and rural communities across the country. TIschlerBise Florida Experience An important factor to consider related to this work effort is our previous experience preparing impact fees in the State of Florida. The table below provides a complete list of TischlerBise's Florida impact fee experience. State of Florida Coral Gables Lake Wales Orange County Punta Gorda Deerfield Beach Manatee County Parkland Seminole County Schools DeSoto County Manatee County School District Pasco County School District South Miami DeSoto County School District Miami Plant City Stuart islamorada Naples Polk County Sunny Isles Beach Key Biscayne North Miami Port St. Lucie West Miami TIschlerBise National Experience TischlerBise is the national leader In advancing the "state of the practice." For example, TIschlerBise pioneered impact fees by housing size and/or bedroom count, tiered transportation fee schedules, techniques for mitigating high fees for nonresidential developmenL and integrating transportation Impact fees as part of an overall funding strategy. While every community is unique, this national experience provides invaluable perspective for our clients. A summary of our national impact fee experience is shown below. TischlerBise FISCAL I ECONCMIC ! HI H- < J- 'wO CLIENT i/i C C < 3 o iT 5 c o iT 5 o cr Q £ CO a "rz Slormv/atc-r c v. ft 5 o CO c o e o o UJ a in s 'c3 Ll 5 o u a a: c ft rz a a <j a d CO ZJ O (Z c; 5 "Jj C £ c o > o o n c; C c O AL Baldwin County ¨¨ AL Daphne ¨¨¨¨1 AL Fairhope ¨¨¨¨ AL Foley ¨¨¨¨ AL Gulf Shores ¨¨¨¨ AL Orange Beach ¨¨¨¨¨ AR Bentonville ¨¨¨¨¨¨ AR Siloam Springs ¨¨¨¨¨¨ AZ Apache County ¨ AZ Apache Junction ¨¨¨¨¨¨ AZ Avondate ¨¨¨¨¨¨¨¨ AZ Buckeye ¨¨¨¨¨¨¨ AZ Bullhead City ¨¨¨¨ AZ Camp Verde ¨¨¨¨¨ AZ Carefree ¨¨¨¨¨ AZ Casa Grande ¨¨¨¨¨¨¨ AZ Cave Creek ¨¨¨¨¨¨ AZ Cochtse County ¨ AZ CooBdge ¨¨¨¨¨¨¨ AZ Dewey-Humboldt ¨¨¨¨¨¨ AZ El Mirage ¨¨¨¨¨¨ AZ Eloy ¨¨¨¨¨¨ AZ Flagstaff ¨¨¨¨¨¨¨ AZ Florence ¨¨¨¨¨ AZ Gilbert ¨¨¨¨¨ AZ Glendale ¨¨¨¨¨¨¨¨ AZ Goodyear ¨¨¨¨¨¨¨ AZ Hotbrook ¨¨¨ AZ Lake Havasu City ¨ AZ Maricopa ¨¨¨¨¨¨¨¨ AZ Navajo County ¨1 ¨ ^ AZ Northwest Fire District ¨ AZ Peoria ¨¨¨¨¨¨¨¨ 1 AZ Phoenix ¨¨¨¨¨¨¨ TischlerBise nSCAt. I ECONOMIC I WANNING AZ Rnal County ¨¨¨¨ AZ Pinetcp-Lakeside ¨¨¨¨¨ AZ Prescolt ¨ AZ Queen Creek ¨¨¨¨¨¨¨¨ AZ Safford ¨¨ AZ San Luis ¨¨¨¨¨¨¨ AZ Scxjttsdate ¨¨ AZ Sedona ¨¨¨¨¨ AZ Show Low ¨¨¨¨¨¨¨ AZ Sjerra Vista ¨¨¨¨¨ AZ Somerton ¨¨¨¨¨¨¨ AZ Springervilie ¨¨¨ AZ Surprise ¨¨¨¨¨¨¨ AZ Taylor ¨¨¨¨ AZ Tolleson ¨¨¨¨¨¨¨¨ AZ Tucson ¨ AZ Weliton ¨.¨¨¨¨¨¨ AZ Yuma ¨¨¨¨¨¨¨ ^¨ CA Avenal ¨¨¨¨¨¨¨¨ CA Banning ¨¨¨¨¨ CA Butte County ¨¨¨¨¨ CA Chino Hills ¨¨¨¨ CA Ciovis ¨ CA Corcoran ¨¨¨ CA El Centro ¨¨¨¨ CA Grass Valley ¨¨¨¨¨¨ CA Half Moon Bay ¨¨¨1 1 ¨¨ CA Hemet ¨¨1 ¨¨¨¨¨¨ CA Imperial County ¨ CA Maywood ¨ CA National City ¨¨¨¨ CA Rancho Cucamonga ¨ CA Suisun City ¨¨¨ CA Temecuia ¨¨¨¨¨¨¨¨ CA Tulare ¨¨¨¨¨¨¨¨¨¨ TischlerBise riSC*L 1 ECOWOMIC I PtANNinO UJ H < H" t/> CLIENT L'i 5s C3 C < n o c o c o a tn C r: 'Ji n c CO o c 5 o c o in c l/J rj O U) c; E C3 0 c > rz to s 6' iZ c o rz O C c a: •o n o a: 61 o CJ n Q. to c c. p E v: o -J a P o > o O *a o o O CA Visalia ¨¨¨ CO Adams County CO Arapahoe County ¨ CO Boulder ¨¨¨¨¨¨ CO Castle Rock ¨¨ ^¨¨¨¨¨ CO Colorado Springs ¨ CO Eaton ¨¨¨¨¨¨ CO Erie ¨¨¨¨¨ CO Evans ¨ CO Garfietd County ¨ CO Greeley ¨¨¨¨ CO Johnstown ¨¨¨¨¨¨¨ CO Longmont ¨¨¨ CO Louisville ¨¨¨¨¨¨¨ CO Monlezuma County ¨ CO PItkIn County ¨ CO Puebio ¨ CO Steamboat Springs ¨¨¨¨¨ CO Thornton ¨¨¨¨¨¨ CO Vail ¨ DE New Castle County ¨¨¨¨¨¨ DE State of Delaware ¨¨¨ FL Coral Gables ¨¨¨¨¨¨ FL Deerfield Beach ¨¨ FL DeSoto Counfy ¨¨¨¨"V ¨ FL Key Btscayne ¨ FL Lake Wales ¨¨¨¨¨¨ FL Manatee County ¨¨¨¨¨ FL Miami ¨¨¨¨¨¨ FL Naples ¨ FL North Miami ¨¨¨¨¨¨¨¨¨ FL Parkland ¨¨ FL Plant City ¨ FL Polk County ¨¨ FL Port SL Lucte ¨ 1 ¨ TischlerBise r^CAl I ECO^<OMIC I P(.AIIN!N0 LT o H o c.H Ln ^0 o Q) O rc in o a o }— < U) CLIENT >. 'B a c a U- tn r: V) c c cr 6 if) o p o iT; l> "C o (/) o llj w c h. a: r; a 9 O h- rj n > Q a o o O FL Punta Gorda ¨¨¨¨¨¨ FL Stuart ¨¨¨¨¨ FL Sunny Isles Beach ¨¨¨ FL West Miami ¨¨¨¨ GA Atlanta ¨¨¨¨¨ GA Cathoun ¨ GA Douglas County ¨¨¨¨¨¨ GA Douglasville ¨¨¨¨ GA Efflngham County ¨¨¨¨¨¨ GA Gordon County ¨¨¨¨ GA Henry County ¨ GA Roswell ¨¨ lA West Des Molnes ¨ ID Caldwell ¨ ID Canyon County ¨1 ID Hailey ¨¨¨¨¨¨¨¨¨ ID Hayden ¨¨¨ ID Ketlogg ¨¨¨ ID Kootenai County Rre & Rescue ¨ ID Nampa ¨¨¨¨¨¨¨¨ ID Post Falls ¨¨¨¨ ID Sandpoint ¨¨¨¨ ID Shoshone Fire District ¨ ID Victcf ¨¨¨¨ IL Evanston ¨¨¨¨¨ LA Covington ¨¨ MD Anne Arundel ¨ MD Brunswick ¨¨¨ MD Calvert County ¨¨ MD Caroline County 1 MD Carroll County ¨¨¨¨¨ MD CecD County 1 ¨¨¨ MD Charles County ¨¨ MD Dorchester County ¨¨ 6 TischlerBise FISOL I ECO.-CWC I PS.AHS-:S'G 'Si 5 —o c rj c z >- n < o c.- c c CJ U)o o to c Va c Zi > < H V) CLIENT 3 tz t > c in c o o o llj iZ cr n CJ c. p '3 o CD n !.T Cf>CO CO ?:tj CJ c c Q >-CJ cr a O MD Easton ¨¨¨¨♦n ♦ MO Frederick ♦ MD Frederick County ♦♦♦♦♦ MD Hagerstown ♦♦♦♦ MD Hampstead ♦♦♦ MD Harford County ♦ MD Ooean City ♦ MD Queen Anne's County ♦♦♦♦♦♦♦ MD SaDsbuiy ♦♦♦♦♦♦♦♦♦ MD Snow Hill ♦♦♦♦♦ MD Talbot ♦♦♦♦♦ MD Washington County ♦ MD Westminster ♦♦♦♦ MD Wicomico ♦ MD Worcester ♦♦♦♦ ME Portland ♦♦♦ MN Woodbury ♦♦♦ MO Nixa ♦♦♦♦♦ MO Nixa Rre Protection District ♦ MS Madison ♦♦♦♦ MT Belgrade ♦♦♦♦♦♦ MT Big Sky ♦ MT Bozeman ♦♦♦♦ MT Rathead County ♦♦ MT Gatlatin County ♦♦♦ MT Gaiiatin County Fire Districts MT Great Falls ♦ MT Madison ♦ MT Manhattan ♦♦ MT Missoula ♦♦♦♦♦ MT Missoula County ♦♦♦ MT Poison ♦♦♦ MT Ravalli ♦1 NC Cabarrus County 1 [ NC Camden County 1 TischlerBise 'ISC'*. I ECC^CMIC ( PL*N'««0 NC Catawba County NC Chatham County NC Creedmoor ¨¨ NC Currituck County NC Durham NC Greonville ¨¨¨ NC Jacksonville ¨¨¨ NC Nags Head ¨¨ NC Orange County ¨¨ NC Pasquotank ND Minot ¨¨ NE Lincoln ¨¨¨¨ NM Albuquerque ¨¨¨¨ NM Las Cruces ¨¨ NV North L^s Vegas ¨¨ NV Nye County ¨¨¨¨¨ NV Washoe County ¨ OH Delaware ¨¨¨¨ OH Lebanon ¨¨ OH Plckerington ¨¨¨¨¨ OH Sunbury ¨¨ OK Edmond ¨¨ Rl East Greenwich ¨¨¨¨ Rl MIddletown ¨¨¨¨¨ SC Aiken ¨¨¨¨¨ SC Anderson County ¨ SC Georgetown County ¨¨¨ SC Horry County ¨¨¨¨¨¨ SC Richland County ¨ SC SummervIKe ¨¨¨ TN HendersonvQIe ¨¨¨¨ SC York County ¨¨¨ TN Williamson County ¨ UT American Fork ¨¨¨¨ UT Brigham City ¨ 8 TischlerBise 'ISOL I tcQNOfw: I Pi.*r«NiMG V)5 _o C u o STATE CLiEh'T C < >. o c. o o (f) 0 1 o n £ o c c 5 P 3 u o in s c o o c: c J) c o O o c o > o O lA (f)L/)o O Ll- n 0 CL o O UT Clearfield ¨¨¨¨¨ UT Clinton City ¨¨¨¨¨¨¨ UT Draper ¨¨¨¨¨¨ UT Farmington ¨¨¨¨¨¨¨ UT Hyde Park ¨¨¨¨ UT Kaysville ¨¨¨ UT Logan ¨¨¨¨¨¨¨¨ UT Mapleton ¨¨¨¨¨¨ UT North Logan ¨¨¨¨¨¨ UT Reasant Grove ¨¨¨¨¨¨ UT Salt Lake County ¨¨ UT Sandy City ¨¨¨¨¨ UT South Valley Sewer Oistiict ¨¨ UT Spanish Fork ¨¨¨¨ UT Springvitle ¨ UT Wellsvlite ¨¨¨¨¨ UT West Jordan ¨¨¨¨¨¨¨ UT Woods Cross ¨¨¨¨ VA Chesterfield County ¨¨¨¨ VA Fauquier County ¨¨¨ VA Goochland County ¨ VA Henrico County ¨¨¨ VA Isle of Wight County ¨¨ VA Prince George County ¨¨¨¨¨ VA Prince William County ¨ VA Spotsylvania County ¨ VA Stafford County ¨ VA Suffolk ¨¨ VA Sussex County ¨ Wl Eau Claire ¨¨¨¨¨ WV Jefferson County ¨¨¨¨ WY Casper ¨¨ 1 ¨¨ WY Pinedale ¨¨¨¨¨¨¨ WY Teton County ¨ TischlerBise F 5CAL I ECONO«:C I FvaS'icnO Section 3: Past Performance Below are summaries of previous projects that highlight our Team's capacity and ability to complete the City's project. We have only listed projects with which our Project Team members were associated. Orange County, Rorida - Law Enforcement Impact Fees (2014) Project Contact' Glen Rnnell, Director of Research and Development Address: 2500 West Colonial Drive, Orlando, FL 32804 Phone: (407) 254-7470 E-mail: gl6n.finnell@ocfl.net Project Budget: $32,600 TischlerBlse completed a law enforcement impact fee study for Orange County, Florida. As part of this study, TischlerBlse prepared two versions of the Impact fee. The first version is consistent with the methodology utilized In the County's current impact fee methodology. The second version presents an alternative approach that we feel results in better prqsortionallty t)etween residential and nonresidential land uses. City of Port St Lucia, Florida - C'rtywide Impact Fee Study (2014) Project Contact Daniel Holbrook, Planning Director Address: 121 S.W. Port St. Lucle Blvd., Port St. Lucie, FL 34984 Phone: (772) 871-5213 E-mail: dholbrook@cityo^sl.com Project Budget: $70,500 The City of Port St Lucle, Florida retained TischlerBlse to update Impact fees for parks and recreation, public buildings, roads, and law enforcement. Proposed fees have consistent units and land use categories for all four types of Infrastructure. TischlerBlse also recommended fewer and more general land use categories that should make the impact fees easier to understand and administer. Proposed fees will cover the growth share of debt service payments, for infrastructure with surplus capacity, while providing additional Infrastructure needed to accommodate new development. City of South Miami, Florida - CItywide Impact Fee Study (2014) Project Contact: Christopher Brimo, AlCP, Planning Director (now Chief of Land Development with City of Miami) Address: 6130 Sunset Drive, South Miami, FL 33143 Phone: (305) 663-6327 E-mail: cbrlmo@miamlgov.com Project Budget: $68,000 TischlerBlse prepared parks and recreation impact fees and a preliminary multi-modal Impact/mobility fee (awaiting final outcome of Multimodal Transportation Study) for this suburiban south Florida community. The City is essentially at build-out, but will experience substantial redevelopment along Route 1 and the light rail line, as weD as residential infill. TischlerBlse kicluded a progressive fee structure for residential units that varied the fee by numiser of bedrooms. If implemented, the transportation fee schedule will help promote redevelopment with a reduced fee to account for internal trip capture. 10 TischlerBlse Fiscal I economic i planning City of Stuart. Florida - Citywide Impact Fee (2015) Project Contact: Terry O'Nell, Planning Director Address; 121 Southwest Ragter Avenue, Stuart, PL 34994 Phone: (772) 288-5326 E-mail: toneii@ci.stuart.fi.us Project Budget: $48,530 For the City of Stuart, TischlerSise has updated Impact fees for parks and recreation, muiti-modal improvements, and public safety facilities (police and fire). Key differences between the 2005 study and proposed fees are highlighted in the following points. • Stuart's 2014 impact fee update complies with the Florida enabling legislation requiring fees to be based on most recent and localized data (e.g. lowered average number of persons per housing unit; more conservative development projections). • Eliminated building-size thresholds, which lowers fees for small businesses that tend to tie locally owned and operated. • Simplified the fee schedule by eliminating specialized land use types (e.g. medical/dental offices will pay the same fee as a general office). • Given the high levei-of-service for parks and recreation facilities In Stuart, future improvements to recreation buildings and trails will no longer be funded by impact fees. • For public safety, changed cost allocation to function^ population (lowers fees for businesses) with a cost recovery method to help pay debt service on the existing building. • Current road fees were based on more expensive improvements that benefitted long-distance vehicle trips and required approximately $5 million in other revenue. Proposed multi-modal fees are for intersections and complete streets that Improve connectivity, while providing safer and more desirable routes for pedestrians and cyclists. • Stuart will suspend collection of the fee for municipal facilities. TischlerBise FISCAt I ECOI^CHlC I PtAHN>Na 11 Section 4: Project Organization To successfully navigate through the Cft/s Impact fee study, the successful consultant must possess specific, detailed, and customized knowledge, not only of the technical analysis, but also of the context of the Impact fee structure in achieving the City's land use, transportation, and economic development policy goals. Our Project Team for this assignment Includes our most senior and experienced impact fee professionals. We have unsurpassed experience performing projects requiring the same expertise as that needed to serve the City. The role of each team member and their qualifications are briefly discussed in this section, and the organizational chart shows our project team for this assignment. City of South Miami Ben Griffin Proejcl Analyst Carson Bise, AlCP Phncipai-in-Charge Julie Herlands, AlCf Project Manager Carson Bise. AiCP, President of TischlerBlse, will serve as Principal-in-Charge and coordinate our Project Team's Interaction with the City to ensure that all work Is completed properly, on time, and within budget. He will work closely with Ms. Herlands and Mr. Griffin, developing and reviewing all aspects of the project and providing overall quality assurance for the project. Mr. Else has completed Impact fee studies In the following Florida jurisdictions; DeSoto County, Islamorada, Manatee County, Miami, North Miami, Parkland, Pasco County, Plant City, Polk County, Punta Gorda, Semlnola County, and South Miami. Julie Herlands, AICP, is Vice President of TischlerBlse. Ms. Herlands will serve as Project Manager for this assignment because of her substantial experience preparing Impact fees and financing strategies, as weli as her strong project management skills. Most Important, Ms. Herlands, in conjunction with Mr. Bise, will ensure constant collaboration and communication between City staff and our team through frequent progress memorandums, conference calls, and in-person meetings. Ms. Herlands has completed Impact fee studies In the following Florida jurisdictions: Desoto County, DeSoto County School District, 12 TischlerBlse fISCAL I ECONOMIC I PtANNTJC Islamorada, Lake Wales, Miami, Naples, Pasco County School District, Polk County, Port St Lucie, Stuart, and Sunny Isles Beach. Complete staff resumes are provided below. L. Carson Bise, II, AIGP, president EXPERIENCE Carson Bise has twenty-eight years of fiscal, economic and planning experience and has conducted fiscal and infrastructure finance evaluations In thirty-six states. Mr. Bise is a leading national figure In the calculation of impact fees, having completed over 250 Impact fees for the following categories: parks and recreation, open space, police, fire, schools, water, sewer, roads, municipal power, and general govemment facilities. In his seven years as a planner at the local government level, he coordinated Capital Improvement Plans, conducted market analyses and business development strategies, and developed comprehensive plans. Mr. Bise has also written and lectured extensively on fiscal impact analysis and infrastructure financing. His most recent publications are Next Generation Transportation Impact Fees and Fiscal Impact Analysis: Methodologies for Planners, both published by the American Planning Association, a chapter on fiscal impact analysis in the book Plannino and Urban Desion Standards, also published by the American Planning Association, and the ICMA IQ Report, Fiscal Impact Analysis: How Today's Decisions Affect Tomorrow's Budgets. Mr. Bise was also the principal author of the fiscal impact analysis component for the Atlanta Regional Commission's Smart Growth Toolkit and is featured In the recently released AlCP CD-ROM Training Package entitled The Economics of Density. Mr. Bise Is cuirently on the Board of Directors of the Growth and Infrastructure Finance Consortium and recently Chaired the APA's Paying for Growth Task Force. He was also, recently named an Affiliate of the National Center for Smart Growth Research & Education. SELECTED IMPACT FEE AND INFRASTRUCTURE FUNDING STRATEGY EXPERIENCE Daphne, Alabama - Impact Fee Study Foley, Alabama - Impact Fee Study Gulf Shores, Alabama - Impact Fee Study Orange Beach, Alabama - Impact Fee Study Apache Junction, Arizona - Impact Fee Study Camp Verde. Arizona - Impact Fee Study Eloy, Arizona - Impact Fee Study Siloam Springs, Arkansas - Impact Fee Study Avenal, Callfomia - Impact Fee Study Banning, Callfomia - Impact Fee Study National City, Callfomia - Impact Fee Study Temecula. California - Impact Fee Study Tulare, Callfomia - Impact Fee Study Boulder, Colorado - Impact Fee/Excise Tax Study Castle Rock. Colorado - Impact Fee Study Coral Gables. Colorado - Impact Fee Study TischlerBise riscAL I economy: i pmNntio 13 Greeley, Colorado - Impact Fee Study Steamboat Springs. Colorado - Impact Fee Study Vail. Colorado - Impact Fee Study DeSoto County, Florida - Impact Fee Study Manatee County, Florida - Impact Fee Study Coral Gables, Florida - Impact Fee Study Miami, Florida - Impact Fee Study Miami, Florida - Impact Fees and Evaluation ofMlami'Dade County Impact Fees for Roads and Schools North Miami, Florida - Impact Fee Study South Miami, Florida - Impact Fee Study Islamorada, Florida - Impact Fee Study Pasco County, Florida - School Impact Fee Study Polk County, Rorida - Impact Fee Study Parkland, Florida - Impact Fee Study Punta Gorda, Florida - Impact Fee Study Semlnole County, Florida - Schoo/ Impact Fee and Infrastructure Financing Study Anne Arundel County, Maryland - Revenue Strategies Calvert County, Maryland - Impact Fee Study Caroline County, Maryland - Schools Excise Tax Study Carroll County, Maryland - Impact Fee Study Charles County, Maryland - Impact Fee Study Dorchester County, Maryland - Impact Fee Study Easton, Maryland - Impact Fee Study Hagerstown, Maryland - Impact Fee Study Hampstead, Maryland - Impact Fee Study Salisbury, Maryland - Impact Fee Study Talbot County, Maryland - Impact Fee Study Washington County, Maryland - Impact Fee Study Wicomico County. Maryland - Impact Fee Study Worcester County, Maryland - Impact Fee Study Broadwater County, Montana - Impact Fee Feasibility Study Flathead County, Montana - Impact Fee Feasibility Study and Impact Fee Study Florence-Cartton School District, Montana - Impact Fee Study Gallatin Canyon/Big Sky, Montana - Capital Improvement and Funding Plan Great Falls, Montana - Impact Fee Feasibility Study Laurel, Montana - Impact Fee Feasibility Study Missoula/Missoula County, Montana - Impact Fee Study and Capital Facility Plan North Las Vegas. Nevada - Impact Fee Study Nye County/Town of Pahrump, Nevada - Impact Fee Study Las Cruces, New Mexico ~ Water and Sewer Impat^ Fee Study Cabarrus County, North Carolina - Voluntary Mitigation Payment Studies (Two School Districts) Greenville, North Carolina - Impact Fee Study 14 TischlerBise nSCAL I ECONOMIC n PLASNNG Abbeville County, South Carolina - Infrastructure Funding Strategy Beaufort County, South Carolina - Infrastructure Funding Strategy Clinton City, Utah - Impact Fee Study Draper City, Utah - Impact Fee Study Farmlngton City, Utah - Impact Fee Study Logan City, Utah - Impact Fee Study Mapleton City, Utah - Impact Fee Study Spanish Fork. Utah - Impact Fee Study West Jordan, Utah - Impact Fee Study Heniico County. Virginia - Impact Fee Study; Cash Proffer Study Prince George County, Virginia - Cash Proffer Study Prince William County, Virginia - Impact Fee Study Spotsylvania County. Virginia - Impact Fee Study Stafford County, Virginia - Impact Fee Study Sussex County, Virginia - Cash Proffer Study EDUCATION M.BA., Economics, Shenandoah University Bachelor of Science, Geography/Urtian Planning, East Tennessee State University Bachelor of Science, Political Science/Urban Studies, East Tennessee State University SPEAKING ENGAGEMENTS Fiscal Impact Assessment, AlCP Training Workshop, APA National Planning Conference Dealing with the Cost of Growth: From Soup to Nuts, ICMA National Conference Demand Numbers for Impact Analysis, National Impact Fee Roundtable Calculating Infrastructure Needs with Fiscal impact Models, Florida Chapter of the APA Conference Economic Impact of Home Building, National Impact Fee Roundtable Annexation and Economic Development, APA National Conference Economics of Density, APA National Conference The CostMenefit of Compact Development Pattems, APA National Conference Fiscsd impact Modeling: A Tooi for Local Government Decision Making, ICMA National Conference From Soup to Nuts: Paying for Growth, APA National Conference Growing Pains, ICMA National Conference Mitigating the Impacts of Development in Urban Areas, Florida Chapter of the APA Impact Fee Ba&cs, National Impact Fee Roundtable Fiscal Impact Analysis and Impact Fees, National Impact Fee Roundtable Are Subsidies Worth it?, APA National Conference PUBLICATIONS "Next Generation Transportation Impact Fees," APA, Planners Advisory Service. "Fiscal Impact Analysis: Methodologies for Planners", APA. "Planning and Urban Design Standards", APA, Contributing Author on Fiscal Impact Analysis. "Fiscal Impact Analysis: How Today's Dedsions Affect Tomomow's Budgets". ICMA Press. The Cost/Contribution of Residential Developmenf, Mid-Atlantic Builder. "Are Subsidies Worth It?" Economic Development News & Views. Tischler&ise is fliCAt I ECONOMIC I PlANN'N'i n "Smart Growth and Fiscal Realities", ICMA Getting Smart! Newsletter. • "The Economics of Density". AiCP Training Series, 2005, Training CD-ROM (APA). Julie Herlands, AICP, vice President EXPERIENCE Julie Herlands is Vice President of TischierBlse and has fifteen years of planning, fiscal, and economic development experience. Prior to joining TIschierBise, Ms. Herlands worked In the public sector In Fairfax County, Virginia, for the Office of Community Revitailzatlon and for the private sector for the international Economic Development Council (lEDC), Advisory Services and Research Department. Her economic and fiscal Impact experience Includes a wide-range of assignments in over fifteen states. She Is a frequent presenter at national and regionai conferences including serving as co-organlzer and co-presenter at a half- day AICP Training Workshop entitled Fiscal Impact Assessment at the APA National Planning Conference. A session on Impact fees and cash proffers presented at the APA National Conference is available through the APA training series, Best of Contemporary Community Planning. She is the immediate past Chair of the Economic Development Division of the APA and chaired the APA Task Force on Planning and Economic Development. SELECTED IMPACT FEE AND INFRASTRUCTURE FUNDING ASSIGNMENTS n Baldwin Counfy, Alabama - Impact Fee Study • Foley, Alabama - Impact Fee Study n Casa Grande, Arizona - Development Impact Fees n Glendale, Arizona - Development Impact Fees n Goodyear, Arizona - Development Impact Fees; Water Resources f^es • Peoria, Arizona - Development Impact Fees n Prescott, Arizona - Feasibility of Development Impact Fees for Roads • Queen Creek, Arizona - Development Impact Fees " Scottsdaie, Arizona - Development Impact Fees n Show Low, Arizona - Development Impact Fees n Surprise, Arizona - Development Impact Fees n Tolleson, Arizona - Development Impact Fees n Bentonvlile, Arkansas - Impact Fees ' Temecula, Califomia - Impact Fees • Tuiare, Califomia - Development Impact Fee n Boulder, Colorado - Transportation Impact Fees n Castle Rock, Colorado - Impact Fees and Evaluation of Douglas County Schoo/ Fees n Erie, Colorado - Impact Fees n Louisville, Colorado - Impact Fees n Vail, Colorado - Transportation Impact Fees • DeSoto County. Florida - Impact Fees n DeSoto School District, Florida ^ Schod Impact Fees n Lake Wales, Florida - Transportation Impact Fees n Manatee County, Florida - Transportation Impact Fees 16 TischlerBise Fiscal i economic i plannnc Naples, Florida - Transportation Impact Fees Coral Ridge Properties, Parkland, Florida - Capital Improvements Element Pasco County School District, Florida - School Impact Fees Polk County School District, Florida - Capital Needs Assessment Punta Gorda, Florida - Impact Fees Sunny Isles Beach, Florida - Impact Fees Carroll County, Maryland - Impact Fees Frederick County. Maryland - Impact Fees Westminster, Maryland - Capital Improvements Plan Worcester County, Maryland - Impact Fees American Fork, Utah - Development Impact Fees Clearfield, Utah - Development Impact Fees Clinton, Utah - Development Impact Fees Farmington, Utah - Development Impact Fees North Logan, Utah - Impact Fees Spanish Fork, Utah - Impact Fees Springvlile, Utah - Park Impact Fees Wellsville, Utah - Impact Fees West Jordan, Utah - Impact Fees EDUCATION Masters of Community Planning, University of Maryland (Summa Cum Laude, Phi Kappa Phi) B.A., Political Science, University of Buffalo (Magna Cum Laude, Phi Beta Kappa) SPEAKING ENGAGEMENTS n Fiscal Impact Assessment, AlCP Training Workshop, American Planning Association National Planning Conference, 2009 and 2008 • Infrastructure Financing: Funding the Gap, American Planning Association National Planning Conference, 2009 n Economic Development for Planning Practitioners, Training Workshop, American Planning Association National Planning Conference, 2009 n Voluntary Mitigation Payments: An Alternative to Impact Fees, American Planning Association National Planning Conference, 2007 n Proffers vs. Impact Fees: The Virginia Experience, National Impact Fee Roundtable, 2006 n Impact Fee—Or is It? American Planning Association National Planning Conference, 2005 n Integrating Planning with School Demands, American Planning Association National Planning Conference, 2005 n Planning and Fiscal Reality, American Planning Association National Planning Conference, 2004 PUBLICATIONS n "Should Impact Fees Be Reduced in a Recession?" Economic Development Now, August 10, 2009 (Intemationai Economic Development Council) n 'Agreements, Fees, and CIP," The Best of Contemporary Community Planning, 2005, Training CD- ROM (American Planning Association and Lincoln Institute of Land Policy) n "The Connection between Growth Management and Local Economic Development," Economic Development News & \^ews (Economic Development Division of the APA) TischlerBise 17 FSCAL I €^f>JOM!C I P1.*NM!NG Bsnjdmin Griffin, Senior FIscal/EconomIc Analyst EXPERIENCE Benjamin Griffln Is the Senior Fiscal and Ecanomic Analyst at TIschlerBise with specialties in finance and economic development planning. Prior to joining TischlerBise, Mr. Griffin worked for the New Orleans Business Alliance (NOLABA)—the non-profit agency tasked with leading economic development initiatives for the City of New Orleans. Mr. Griffin also worked for the Jefferson Parish Planning Department where he gained experience in the short-range planning division. Since joining TIschlerBise, Mr. Griffin has worked on fiscal analyses, market analyses, capital improvement plans, development impact fees, and revenue strategies for local governments in sixteen states. SELECTED IMPACT FEE EXPERIENCE Buckeye. Arizona - Development Impact Fee Study Pinal County, Arizona - Development Impact Fee Study Maricopa, Arizona - Transportation Impact Fee Review Sierra Vista, Arizona - Development Impact Fee Study Tempe, Arizona - Development ImpacA Fee Study Yuma, Arizona - Development Impact Fee Study Lemoore, Califomla - Impact Fee Study Mammoth Lakes, California - Impact Fee Study Suisun City, California - Impact Fee Study Tulare, Callfomia - Impact Fee Study Durango, Colorado - Multimodal Impact Fee and Housing Linkage Fee Study Fort Collins, Colorado - Impact Fee Study Louisville, Colorado - Impact Fee Study Mead. Cotorado - Impact Fee Study Thornton, Colorado - Impact Fee Study Manatee County, Florida - Impact Fee Study Manatee County School District, Florida - School Impact Fee Study Covington, Louisiana - Impact Fee Study Middletown, Rhode Island - Impact Fee Study West Jordan, Utah - Impact Fee Study Jefferson County, West Virginia—/mpacf Fee Study EDUCATION M.A., Urban and Regional Planning, University of New Orleans B.B.A, Finance, Universify of Mississippi 18 TischlerBise FlSCAl. ECONOWC r>l.ANS!KG Section 5: Declarations Bankruptcy TischlerBise has been In business for forty-one years and has been profitable In each year. The firm has never had to declare bankruptcy. Legal TischlerBise has never been subject to any arbitration, civil or criminal proceedings. Disbarment TischlerBise has never had a contract revoked or suspended for non-performance, nor has the firm been debarred from bidding or responding by any public agency. 19 TischlerBise PiSCAL I ECONOMIC I Section 6; Solicitation Documents 20 TischierBise FISCAL I ECONOMIC fH.AN»i;NO O) 00 Proposal Submittal Checklist Perm IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP#PL20l8-20 This checklist indicates the fonms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and. if so. they will be identified In an addendum to ^is Solicitation. The response shall tndude the following items: Attachnuuits and Other Documents de5Crii)cd below to bu Completed IF MARKED WITH AN "X"; Proposal Package shall consist of one (I) original unbound proposal, three (3) additional copies and one (I) digital (or comparable medium including Hash Drive. DVD or CD) copy Supplemental instrucdons for Respondents, EXHIBIT 2 Indemnification and Insurance Documents. EXHIBIT 3 Respondents Bid Form. EXHIBIT 4 ^ Professional Services Contract, EXHIBIT S ^ Respondents Qualification Statement ^ List of Proposed Subcontraaors and Principal Suppliers ^ Non-Qollusion Aflidavit ^ Public Entity Crimes and Conflicts of Interest Drug Free Workplace ^ Ackntjwiedgement of Conformance wth OSHA Standards ^ Affidavit Concerning Federal & State Vendor Listings ^ Related Party Transaction Verification Form ^ Presentation Team Dedaration/Affidavit of Representation Check Completed. Submit this cheddisc along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION Page 13 of 56 o CD EXHIBIT 2 SUBMITTAL INSTRUCTIONS FOR RESPONDENTS IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITON RFP#PL20l8-20 Firms shall prepare their submitcals using the following format and should include, but not be limited, to the following: 1. Letter of Transmittal a.) This letter will summarize in a brief and concise manner, die respondent's understanding of Exhfbit I, Project Background cS Scope of Services;, Attachment A and make a positive commitment to timely perform the work. b.) The letter must name all of the persons authorized to make representations for the respondent Including the titles, addresses, and telephone numbers of such persons. An authorized agent of the respondent must sign the Letter of Transmittal indicating the agent's tide or authority. The letters should not exceed two pages in length. 2. Statement acknowledging receipt of each addendum issued by the City. 3. Qualifications and experience of the firm(s}/individual(s) who will provide the services. 4. The submission should include: A. Proposal Package and Labeling/Marking Requirements: All submissions shall consist of one (t) unbound original and three (3) copies, S-ring binders are not permitted. One (I) digital or comparable medium including Flash Drive, DVD or CD copy is ALSO required. Submission packages shall be tabbed accordingto a Table of Contents. The original and all copies shall be clearly marked accordingly as "original" or "copy." The digital copy and the three (3) copies must be exact duplicates of the orl^nal submission. FAILURE TO PROVIDE EXACT COPIES SHALL RESULT IN SUBMITTAL BEING DESIGNATED NON-RESPONSIVE B. Title Paye Show the name of Respondent's agency/firm, address, telephone number, and name of contact person, email address, date, and die subject: "Impact Fee Study for Parks £ Recreation Land Acquisition,** RFP iri'L20l8-20. C. Table of Contents Include a clear identification of the material by section and/or by page number. Page 40 of 56 o> D. Qualification Statement The Qualification Statement shall be written in sufficient detail to permit the City to conduct a meaningful evaluation of the proposed services. The Qualification Statement should be delivered in two parts. The first part is the technical submittal that shall consist of subsections (I) through (5), iist^ below, where subsections (I) through (3) shall be no more than 15 pages single-sided. Where (I) through (3) contain no more than the 15 page limit, the evaluation committee shall be instructed to disregard all pages in excess of the limitation. The second part is all standard forms and affidavits; refer to "Proposal Submittal Checklist Form," in the RFP and #5 below, and fully executed by an authorized officer of the Respondent. The technical submittal should be divided into subsections as described below. 1. Executive Summary: a. Provide a brief summary describing the Respondent's approach to the work called for by the RFP and ability to perform the work requested: the Respondent's background and experience in providing similar services. This summary should be brief and concise to advise the reader of the basic services offered, experience and Proposal of the Respondent, staff and any other relevant Information. A Project/Client Manager should be provided and assigned to manage all aspects of this work. 2. Respondent's Experience: a. Describe the Respondent's organization; history and background; principals, officers, owners, board of directors and/or trustees; the primary markets served; the total current number of employees; the current number of professional employees by classification; and state the number of years that the Respondent has been in business. 3. Respondent's Past Performance: a. Provide a detailed description of comparable contracts (similar in scope of services to those requested herein) which the Respondent has either ongoing or completed within the past five (5) years. The description should identify for each project (i) the client, (2) description of work, (3) total dollar value of the contract, (4) contract duration, (5) customer contact person and phone number of reference, (6) statement or notation of whether Respondent is/was the prime Consultant or subcontractor or sub-consultant, and (7) the results of the project. 4. Organization Chart: a. Provide an organization chart showing all key individuals (including the Project/Client Manager) assigned to their area of responsibility, Page 41 of 56 CM (J) including their company, tide, years of experience and years employed in current title at present or former firms. This chart must clearly identify the Respondent's employees and those of the sulxonsultants. Provide professional licenses on pertinent key personnd (induding sub- consultants) to be assigned for the services of this RFP. 5. fulfillment of All Solicitation Documents: a. Respondents shall submit all forms and documents listed in the "Proposal Checklist Submlttal Form." Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solidtation. Note: Confidential and Proprietary Information. Respondents may assert that some trade secrets, finandal records, and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Rorida public records lavys. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential shall include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non-confidential and confidential information, the Respondent shall provide a redacted copy of the document and an unredacted copy. In addition, the Respondent shall prepare a list of all the documents clainted to be confidential or containing confidential Information and on the next line under the description of each document the Respondent shall cite the statutory provision that provides the basis for the Respondent's claim that the document or a portion of the document is confidential and Itelow the citation the Respondent shall copy and paste the applicable statutory provision (this listing requirement shall herdnafcer be referred to as "properly list" or "properly listed" confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that Is only partially confidential shall result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportuni^ to protect its assertion that said confidential information is ecempt from production. If Respondent fails to timely authorize the production of the information or document and/or fails to ti mely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce tiie requested information or documenc The City shall not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent shall Indemnify the City for any damages and costs the City may incur due to the Respondent's claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give Page 42 of 56 CO the Respondent en opportuni^', at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. END OF SECTION Page 43 of 56 05 EXHIBIT 3 IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL20IB.20 insurance & Indemnification Requirements Inmranw A. Without limiting its liability, the contractor, consultant or consulting ftrm (hereinafter referred to as "RRM" 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. B. 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 CIITs 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 Rorlda, 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 RRM'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 Indlr^y 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 lAe 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 RRM shall provide and maintain in force and effect until ail the Work to be performed under this Contract has been completed and accepted by CITY (or for sudi duration as is otherwise specified hereinafter), the insurance coverage written on Rorida approved forms and as set forth below: Workers* Compensation Insurance at the SQtutory amount as to all employees In compliance with the 'Workers' Compensation Law" of the State of Florida including Chapter 440. Rorida Statutes, as presendy written or hereafter amended, and all applicable federal laws. In addition, the policy (les) must include; Employers' Liability at the statutory coverage amounL The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worter's Compensation Insurance. Commercial-Comprehensive General Ltahility Insurance with broad form endorsement, as weli as automobile liability, completed operations and products liability, contractual liability, severabllity 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 aggr^te. 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 vwitten on a Rorida 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, arid must include: (a) Premises and Operation (b) Independent Contraaors (c) Products and/or Completed Operations Hazard ((Q Explosion. Collapse and Underground Hazard Coverage Page 44 of 56 in O) (e) Broad Form Property Damage (i) Broad Form Concractual Coverage applicable to this specific Contract, including an/ hold harmless and/or indemnification agreement. (g) Personal Injur/ Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Uability and Property Damage Liability. Business Automohile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($i,0(K).OQO.OO) umbrella per occurrence combined single limit for Bodily Injury Uability and Property Damage Lability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Uability 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 set forth in these insurance and indemnification requirements, other dian the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. Ftre and Extended Coverage Insurance fBuilders' Risk^. IF APPLICABLE: A. In the event that this contract Involves the construction of a structure, the CONTRACTOR shall m^ntaln. with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk insurance on buildings and struaures, 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 iil the machinery is located in a bulldipg 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. B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. Misceiianenus! A. 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 diat will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable Insurance prior to such canceltation, change, or expiration so as to provide continuous coverage as specified in thb section and so as to maintain coverage during the life of this Contract. B. All deductlbles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the HRM shall eliminate or reduce such deduci^le or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subreption against Q7Y 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 revdew. All policies shall contain a "severability of interest" or "cross liability" clause without obliption for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the Ciqr as provided in this Agreement D. Before staiting the Work, the HRM shall deliver to the CITY and CONSULTANT 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 ^plicable 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 iruurance policies must be written on forms approved by the State of Rorida 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 Poliqr (as defined in Article I of this document) which shall include the declaration page and all required endorsenrtents. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (I) a policy provision or an endorsement with substantially simfiar 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 Page 45 of 56 CD Oi damage', or "personal and advertising Injury" and It will provide to the City alt of the coverage that is typically provided under the standard Rorida approved fornts for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (Including cancellation for non-payment of prendum), terminated or materially modified without first givii^ 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 notilicadon shall be delivered to die Ci^ by certified mail, with proof of delivery to the City." E. If the RBM is providing professional services, such as would be provided by an architect, engineer, atrarney. or accountant, to name a few. then In such event and in addition to the above requirements, the FIRM shall also provide Professional Liabiliiy Insurance on a Rorida approved form In the amount of $1,000,000 with deductible per dalm if any. not to exceed 5% of the limit of liabili^ providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM Its agents, representatives. Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement This Insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement However, the FIRM nuy purchase Specific Project Professional Liability Insurance, in the amount and under the terms spedfied above, which Is also acceptable. No insurance shall be Issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, ^solute and unfettered discretion. Indemnificatfon Requirement A. The Contraaor 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, dalms, liabiliqr, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental tfiere 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 Ci^ of South M^nd, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, induding dalms 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, inddent 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, induding the eiqiense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, Induding their attorney's fees, in the defense of any action In law or equity brou^t 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 inddent to. this Agreement, or inddent 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, Induding 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 bdialf of the them, and arising out of or concerning the work or event that is occurring on the CITY'S properq^. In reviewing, approving or reacting 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 contractorfsubcontraaor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duqr to provide a defense ^th an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (i). Florida Statutes, none of the provisions sec forth herein above that are in conflia with this subparagraph shall apply and this Page 46 of 56 h- cn subparagraph shall sec 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 Che design professional and other persons employed or utilized by the design professional in the performance of the contracL END OF SECTION Page 47 of 56 00 Gi EXHIPIT4 IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP#PL20I8.20 RESPOINDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexander Ci^ Manager Ci^ of South Miami 6l30SunsecDrive South Miami. FL 33143 1. If this Proposal Is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachment A & B) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts ail of the terms and conditions of the Solicitation and Instrucdons to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to accepQnce for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to ail of the terms and conditions of the form of contract tfat Is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal. Respondent represents thac a. Respondent has examined copies of all the SoIiciQtion Docun^ents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: f "XQt jT b. Respondent has familiarized himself with the nature and extent of the Contraa Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c Respondent has given the City written notice of ali conflicts, errors or discrepancies tiiat it has discovered in the Contraa Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. d. This Proposal is genuine and not made In the interest of or on behalf of any undisclosed person, Arm or corporation and is not submitted pursuant to any agreement or rules of any group, assodation. organization, or corporation; Respondent has not directly or indirectly induced or solidted any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to reliain from respondh^: and Respondent has not sought by collusion or otherwise to obtain for Itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contraa IVice is the amount that it needs to furnish and install ali of the Work complete and In place. The Schedule of Values, if required, is provided for the purpose of fVoposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the pricing of change orders. The Contraa Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values, except to the extent thac the CITY changes the Scope of the Work after the Contraa Date. As such, the Respondent shall fiimish ail labor, materials, equipment, tools, superintendence and services necessary to provide a complete, in place, Projea for the Proposal Price. If this ^licication requires Page 48 of 56 CO O) the completion of a Respondents Cost and Technical Proposal as may be set forth In in an exhibit to this Solicitation, such proposal must be attached to the Respondents Bid Form. If any, and will take the place of the Lump Sum Price, otherwise, the Contraa Price for the completed work Is as follows: LUMP SUM BASE PRICE: 1^^^ Sr<oO dollars and cents Alternates: #1 #2 A fee breakdown for each task included In the lump sum contraa price. If applicable, must be provided. I^llure to provide this information shaD render the proposal non-responsive. 5. The ENTIRE WORK shall be completed. In full, within N/A days from the commencement date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result In the assessntent of liquidated damages as may be set forth In the Contract. 6. Insert the following Infornution for future communication with you concerning this Proposal: RESPONDENT: Address: MTlQt S.flint I Ul A Ma 1'oi lb Telephone: lOl- ^cslmite: Contaa Person 7. The terms used In this Proposal which are defined In the Contract shall have the same meaning as Is assigned to them in the Contraa Documents, unless specifically defined In this Solicitation Package. 8. If a Respondent's Cost & Technical Proposal Is required by the Solicitation, Respondent hereby certifies that all of the facts and responses to the questions posed In the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correa and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. 9. By submitting this proposal, I. on behalf of the business that I represent, hereby agree to the terms of the form of contraa contained in the SollclQtion package and I agree to be bound by those terms, with any appropriate blank boxes. If any. checked and any blank lines filled in with the appropriate information contained In tiie Solicitation Documents and this Proposal, or such information that the City and 1 have agreed upon in the course of contraa negotiations and which have been confirmed by the City in writing, including e-mail confirmation. If any. I hereby certify under penalty of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contraa terms and that all of the Infornution and representations contained herein are true and correa to the best of my knowledge. Information and belief. SUBMITTED THIS DAY OF £ 20JLL PROPOSAL SUBMITTfl) BY: ^ ^^ Company _ Telephone Number Cflfcb/'jo.'N vLijie- Name of Per^j^mjchorized to Submfc Proposal Fax Number _ " " * LLsc- Co« Signature Email Address Title END OF SECTION Page 49 of 56 o o EXHIBITS Professional Services Contract IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP#PL20l8-20 THIS CONTRACT, entered into this day of , 20 by the CITY OF SOUTH MIAMI through Its Manager, both of whom shall be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, PL , E-mail: safexander@southmiamifl.gov and Arbor Tree & Land, Inc, with an office and principal place of business located , and E-mail address of and ^csimile transmission number of (hereinafter called the -CONTRACTOR"). WITNESSETH: WHEREAS, the CITY is in need of an IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION; and WHEREAS, die CITY desires to retain CONTRACTOR to provide the required goods and/or services based on CONTRACTOR'S representations which reflect that CONTRACTOR is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the city's goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in arcordance 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 Contracton Based on the representations of CONTRACTOR as set out in the following "checked" documents the CITY hereby retains CONTRACTOR to provide the goods and/or services set forth in said proposal, quote or response to solicitation, whichever is applicable, as modified by the Contract Documents, or as is otherwise set forth in the Contract Documents defined below (all of which is hereinafter referred to as the Work"). (Check the box immediately preceding the document described below to indicate that such document is part of this Contract) Contractor's response to the CITY's written solicitation; or • See Attachments I & 2 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] Scope of Services, See Attachment 3 [V] CITY*s insurance & Indemnification Requirements, See Attachment 4 This Contraa and the General Conditions to Contract, Supplementary Conditions, the Solicitation. Scope of Services and "Other Documents", if any are "checked documents", shall take precedent over the Page 50 of 56 response to the CITY's Bid Documents, if an/, or the proposal or the quote, if any. The "checked documents" are attached hereto and made a part hereof by reference. 3) Date of Commencement: CONTRACTOR shall commence the performance of the Work under this Contraa on the date as set forth in the text following a checked box. [ ] on N/A or a [V] date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"), or as set forth in the CONTRACTOR'S proposal or quote and shall complete the performance hereunder within 120 Calendar Days from the Notice to Proceed, or the length of time set forth in the Contract Documents, whichever is the shorter period of time. In any event, the term shall not exceed five years. Time is of the essence. 4) Primary Contacts: The Primary Contact Person In chaise of administering this Contract on behalf of the CITY Is the Gty Manager ("Manager"), assistant Manager, or the Manager's designee. who shall be designated in a writing signed by the Manager. The Primary Contact Person for CONTI^CTOR and his/her contact information is as follows: Nam;iM^---v..- i-- 5) Scope of Services: The goods and/or services to be provided are as set forth in the "checked documents". 6) Compensation: The CONTRACTOR'S compensation for CONTRACTOR'S performance under the terms and provisions of this Contract, or COFvTTRACTOR's payments in the event CONTRACTOR is paying the City for the uses of the CITY's property or services, (hereinafter referred to as the Contract Price) shall be as indicated next to one of the following checked boxes. [V^as set forth in CONTRACTOR'S response to the CITY's written solicitation. If any. or. if none, then as set out in contractor's proposal or quote. N/A the Scope of Services, or as set forth In. or modified by. one of the Contract Documents, whichever is applicable. 7) Hours of Work: In the event that this Contract requires the performance of services, it is presumed that die cost of performing the Work after regular working hours, and on Sunday and Iqgal holidays, is included in the Contract Price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Manager's assistant or designee. 8) Time Provisions: The term of this Contract shall commence on the Work Commencement Date and shall continue for One Year, or until it expires on N/A. or unless earlier terminated according to the Contraa Documents. Notwithstanding the foregoing, this Contraa may be extended by an additional N/A period if the extension is in writing and signed by the City Manager. An extension of the term of this Contraa is at the CITY's sole and absolute discretion. In any event, and notwithstanding any other provision to the contrary in this Agreement, or any attachments thereto, this Agreement shall not exceed a total term of Five (5) Consecutive, Years, including any extensions thereto. 9) Termination: This Contraa may be terminated without cause by the CITY with 30 days of advanced written notice. This provision supersedes and takes precedence over any contrary provisions for termination contained in the Contraa Documents. i 0)Applic:ab!e 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. Page 51 of 56 CM O 11)Duties and Responsibilities: CONTRACTOR 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. 12) 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 City Manager and in accordance with the Contract Documents. 13) Licenses and Certifications: Contractor shall secure all necessary business and professional licenses at its sole expense prior to executing this Contract or commencing the Work. 14) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. 15) Liquidated Damages: In the event that CONTRACTOR shall fail to complete the Work within the time limit set forth in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of N/A until the Work is completed. i 6)Jury Trial Waiver: The parties waive their right to jury trial. 17) 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 Contraa 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 Gty Commission, 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 particubr, shall not be modified or amended by any acts or omissions of the parties. No feilure 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. 18) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.l 19.0701) while providing goods and/or services on behalf of the CITY and die CONTRACTOR, 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 die public agency with a copy of the requested records or allow the records to be inspeaed or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if CONTRACTOR 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 CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If CONTRACTOR transfers all public records to the public agency upon Page 52 of 56 CO o completion of the Contract CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract CONTRACTOR shall meet ail 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmlamif1.gov; 6130 Sunset Drive, South Miami, FL .33143. 19) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Ra. Stat, involving the City or its Agency in such related activiqr or who may have access to secure or sensitive areas of the City, 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. CONTRACTOR 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 City. A violation of this requirement shall constitute a substantial breach of this Contract 20) Drug Free Workplace. CONTRACTOR 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. 21)Transfer and Assignment. None of the work or services under this Contraa shall be subcontracted or assigned without prior wrinen consent from the CITY vdilch may be denied without cause. 22) 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 City, upon written notice to CONTRACTOR or its assi^ee 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 pro}ect(s) will be awarded to any CONTRACTOR. 23) Most Favored Public Entity. CONTRACTOR represents that the prices changed to City 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 Actors. If CONTRACTOR'S prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, CONTRACTOR shall immediately extend the same prices to City. 24) 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 fecsimile transmission and delivered to CONTRACTOR or his designated contact person. Return of mail, sent to the address Page 53 of 56 o 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. 25) Indemnification. In the event that an/ of the contract documents provide for indemnification, nothing contained therein shall imply that the City has waived its sovereign immunity as provided by Rorida Statute. Section 766.28 and anything to the contrary contained therein shall be null and void and of no force or effecL 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 lejg^ly bound by the terms hereof. CONTRACTOR: ATTESTED; By: Nkenga A, Payne City Clerk [name of signatory] CITY OF SOUTH MIAMI By: Steven Alexander City Manager Read and Approved as to Form, Language, Legality and Execution Thereof By:, City Attorney END OF SECTION Page 54 of 56 in o RESPONDENT QUALIFICATION STATEMENT IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP#PL20l8-20 The response to this questionnaire shall be utilized as part of the CITTS overall Proposal Evaluation and RESPONDENT selection. I. Number of similar projects completed, a) In the past S years In the past 5 years On Schedule b) In the past 10 years In the past 10 years On Schedule 2. List the last five (5) completed similar projects a) Project Name: OwnM- Name: Owner Address: Ovmer Telephone: iLl-i fa X>-7 w V SVr—V^ itiy Original Contract Completion Tlirte (Days): Original Contraa Compledon Date: Actual Rnal Contract Compledon Date: Original Contract Price: Actual Final Contract Price: b) Project Name: Owner Name: L-o^o Owner Address: Owner Telephone: Original Contract Compledon Time (Days): Orl^nal Contract Compledon Date: Actual Final Contraa Compledon Date: Original Contraa Price: Actual Final Contraa Price V (>o ^ S ^ ^ >S«>.c>oV. V 'Lo ^ If Page 14 of 56 CD O d) e) Project Name: Owner Name: At> (W^ ^ V) cx Owner Address: MfOO VJ^'i Owner Telephone: to'i- utn-i-tto*. Original Contract Completion Time (Days): Original Contraa Completion [>ate: Actual Final Contract Completion Date: Original Contract Price: Actual Rnal Contract Price: Project Name: Owner Name: Owner Address: Owner Telephone: Original Contraa Completion Time (Days): \kO lh> 1 ^ 4wAi^ SSoe.U..^x_ VIA" <-10 SHiat- q'O jL Original Contract Completion Date: Actual Rnal Contraa Completion Date: Ori^nai Contraa Price: Actual Rnal Contraa Price: ProteaNamc cv»JVU«. C-e^.^ T ^t> A. M 1^^ t l^yirA s{ li.tz-o Owner Name: Pa- Owner Address: Owner Telephone: Original Contraa Completion Time (Days): Original Contraa Completion Date: Aaual Rnal Contraa Completion Date: Original Contraa Price: Actual Final Contraa Price: ntis X. Vb3- SHfc- 35t-». P'T^I Vr«. l-a A- ^ b ^ S'-tX. Page 15 of 56 3. Current workload h«- O Projoct NarTiG Owner Name Telepiioriu Number Contract Price xx.^vbo 2,0-7 - Jra-4 -Jt bt, >to ^ f>- $^1^' foL^1 V7_ u ,2*7^ ooo 0.jy vu.wvw»irZKi ■^s^ss-o oifa Co|yi^(X I-J 1.0 - /UG. ^r\ *-fbM-C5c)-fe7s>o 4. The following information shad be attached to the proposal. a) RESPONDENTs home office organization chart. b) respondent's proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site SuperintendenL 5. List and describe any; c a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in die last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: ? to L & Address: Telephone No.: Contact Person: Type of Project: Page 16 of 56 00 o Name of Agency: T ^ & O Address: Sc Telephone Noj Contact Person: CA.^aM^llJL. i Type of Project Name of Agency: Ojl^ Address: Telephone No.: Contact Person: O owX,e^ Type of Project Page 17 of 56 (J) o LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP«PL20l8-20 Respondent shall list all proposed subcontraaors. if subcontractors are albwed by the ternu of this Solicitation to be used on this tiroiecc if dtey are awarded the Contract. Classification of Work Siiljcontractor Name Address Telephone, Fax & Email Other: ! 1 \ r /_/) /nJ I This list shall be provided as a part of Respondents submitcal to the City of South Miami and in response to this RFP. END OF SECTION Page 18 of 56 NON COLLUSION AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) being first duly sworn, deposes and states thac (1) He/She/They Is/are the (Owner, Partner, Officer, Representative or Agent) of *■ lY* the Respondent that has submitted the attached Proposal; (2) He/She/They Is/are fully Informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respond^t nor any of its officers, partners, owners, agents, representatives, en^loyees or parties in interest, including this affiant, have in any way colluded, inspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal In connection with the Work for which the attached Proposal has been submitted; or torefi^in from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the IVoposal Price of any other Respondent or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recif^nt), or any person interested in the proposed Work;(5) The price or prices quoted in the attached Propos^ are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest including this affiant Signed, sealed and delivered in the presence of: By: Signature Print Name and Title Date ACKNOWLEDGEMENT STATE OF FLORIDA ) )COUNTY OF MIAMI-DADE ) On this the ^211^ day of 20 _. before me, the undersigned Notary Public of the State of Fbrida, p^onally apMVed (Name{s) of individuai(s) who appeared before notary)^ and whose name(s) i^are Subscribed to the within instrument and he/she/they acknowledge chat he/she/they executed it Page 19 of 56 WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: (Name of Noary Public Print Samp at commissioned.) Personally known to me. or Personal identification: JENNIFER ROBIN SIZDAHKHANI Notary Public Montgomery County , 7) Maryland /iMj^ommlsslw^jp^^ Type of Identification Produced Did take an oath, or Did Not take an oath. Page 20 of 56 CsJ PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Wd or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub>contraaor, supplier, Sub>consultanc. or Consultant under a Contract with any public endty, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from tfie date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 112, Rorida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a). FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBUC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to [print name of the public entity] by [print indivld^Ps na^ an^ue] Qirint name of endty submitting sworn statement] whose business address is _ MX) OLOVLfea and (if applicable) its Federal Employer Identification Number (FEIN) is k (If the endiy has no FEIN, include the Social Security Number of the individual signing this sworn statement: ^ 2. I understand that a "public endty crime" as defined in Paragraph 287.133(1 )(g), Rorida Statutes, means a violadon of any state or federal law by a person with respect to and direcdy related to the transacdon of business with any public entity or with an agency or political subdivision of any other state or of the United States, Including but not limited to, any bid, proposal or contract for goods or services to be provided to any public endty or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Rorida Statute^. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating w charges brought by indictment or Information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a puUic entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public enti^ crime. The term "affiliate" includes those officers, directors, executives, partners, sfsrefiolders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement shall be a prima fade case that one person controls Page 21 of 56 CO another person. A person who knowingly enters Into a joint venture with a person who has been convicted of a pubtte entity crime in Florida during the preceding 36 nrwnths shall be considered an affiliate. 1 understand that a "person" as defined In Paragraph 287.133(1) (e). Florida Statutes, means any natural person or entity organized under the laws of any state or of ^e United States with the t^i power to enter into a binding contraa and wNch bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active In management of an entity. Based on Information and belief, the statement which I have marked below is true bi relation to the entity submit^ this sworn statemenc [Indicate which statement applies.] . Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, mendiers, or agents who are active In the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entiv crime subsequent to July i, 1989. , The entity submitting this sworn statement, or one or more of its officers, directors, executives. partners, shareholders, employees, members, or agents who are active In the management of the mtity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active In the management of the entity, or an affiliate of the entity has be^ charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Rorida. Division of Administrative Hearings and the Rnal Order entered by the Hearing Officer determined that it was not in the public interest xo place the entity submitting this sworn statemenc on the convicted vendor list [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFRCER FOR THE PUBLIC BqTiTY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBUC ENTITY ONLY. AND THAT THIS FORM IS VAUD THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBUC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287jOI7. FLORIDA STATUTgS FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this Personally known day of, OR Produced identification (Type of identification) Form PUR 7068 (Rev.06/11/92) NotaryPublic - State of Issioned My commission expires (Printed, typed or stamped coi name of notary public) JENNIFER ROBIN SIZDAHKHANI ' Notary Public Montgomery County ^ Maryland .emmlBaisn g«lmp , g/ Page 22 of 56 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual ser>dces. a Bid or Proposal received from a business that certifies that it has Implemented a drugofree workplace program shall be given preference In the award process. Established procedures for processing tie Bids or Proposais shall be followed if none of the tied vendors have a drug*free workplace program. In order to have a drug-free workplace progrann, a business shall: 1) Publish a statement notifying employees that the unlawful manufecture, distribution, dispensing possession, or use of a controlleid substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of iuch prohibition. 2) Inform employees about the dangers of drug abuse In the workplace the business' policy of n^intalning a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each entployee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified In Subsection (I). 4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any con^ction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the worl^lace no later than five (5) business days after such conviction. 5) Impose a sanction on, or require the satisfaaory partidpation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good feith effort to continue to maintain a drug-fi^ workplace through implementation of thte section. As the person authorized to sign the staygment, I certify that this hrm complies fiilly with the above requirements. RESPONDENTS Signature: Print Name: L- Date: / t Page 23 of 56 in ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, ^ ^MK^'RxtJName of CONTRACTOR), hereby acknowledge and agree that as CONTRACTOR for the IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to Indemnify and hold harmless the City of South Miami and N/A (Consultant, if any) against any and all liability, claims, damages, losses and expenses th^ may inc^ due to the failure of (Sub-contractor's names): to comply with such act or regulation. CONTRACTOR . .n - BY: U. Name V" Tide ^/K- Witness/ F^e24of56 CD AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person, or entity, who Is responding to the City's solicitadon, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Rorida, Department of Management Services. "CONVICTED, SUSPENDED. DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR USTINGS". If the Respondent's name Does appear on one or all the "Listings" summarized below. Respondents must "Check if Applies" next to the applicable "Usting." The "Listings" can be accessed through the followlr^ link to the Florida Department of Management Services website: http-,//www.dms.mYfterid;LCQm/buslness opgrations/statc oorchasing/vendor Information/convicted susp ended discriminatory complaints vendor iUts I, DECLARATION UNDER PENALTY OF PERJURY (hereinafter rdierred to as the "Declarant") state, under penal^ of perjury, that die following,statements are true and correcc (1) I represent the Respondent whose name is (2)I have the following reladonship with the Respondent (Owner (if Respondent is a sole proprietor). President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managir^ Member> (If Respondent is a Umited Uability Company). (3) I have reviewed the Rorida Department of Management Services website at the following URL address: http://www.dms.myfiorida.com/businessjsperations/state_purchas ln^vendorJnformation/convicted_5Uspended_di scriminatoryjcomplaints_vendorJists ~ "" (4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Rorida Department of Management Services website for that category or listir^ If I did not enter a mark beside a Kstfng/category, it means titat I am attesting to the fea that the Respondent's name does not appear on the listing for ^t category in the Rorida Department of Management Services website as of the date of this affidavic Check if Applicable Convicted Vendor List Suspended Vendor Ust Discriminatory Vendor Ust Federal Excluded Parties Ust Vendor Complaint List FURTHER DECLARANT SAYETH NOT. U. (Print na :larant) By:. STATE OF FLORIDA COUNTY OF appeared following id^tification foregoing Affidavit as the Declarant WITNESS my hand and official seal. NOTARY PUBUC: SEAL (S^atun: of Declarant) 20/ u . before me, tiie undersigned who is personally knoy/ to me or and who took an oath oi^irmeif Pubii ted the (Name of woiai^'l^fejpHftSINSIZDAHl^^ « Maryland /J StSSSSiSiOSireiBSfi, 1, anLiPage 25 of 56 i i i cw RELATED PARTY TRANSACTION VERIFICATION FORM I C.'vAt,. individualiy and on behalf of TX ("I^rm") have Nome of Representative Company/Vendor/Entity read the City of South Miami (**Clty")'s Code of Ethia, Section 8A*I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 6A-I) with regard to the contract or business that I. and/or the Rrrn. am(are} about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, direaors of the Firm, nor anyone who has a financial interest greater than 5% in the Rrrn, has any relative(s), as defined in section 8A-I. who is an employee of the City or who is(are) an appointed or elected official of dte City, or who is(are) a member of any public body aeated by the City Commission, te, a board or committee of the City, [while the ethics code sdll applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this seciton (2) shall be based solely on the signatory's personal knowledge and h^she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Rim]; and (3) neither I nor the Rrm, nor anyone who has a financial Interest greater dian 5% in die Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial Interest direct or indirect in any business being transacted with the city, or with any person or agency acting for the city, other than as follows; _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must m^ reference, on the above line, to the additional sheet and the additional sheet must be signed under oath), [while the ethics code still applies, if the person executing this form is doing so on behalf of a fnm whose stock Is publicly traded, the statentent in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest In the Rrm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their imntediate fomily noembers (i.e.. spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the addidonal sheet and the additional sheet must be signed under oath). The names of all Ct^ employees and that of all elected and/or appointed dty officials or board members, who own, directly or indlrecdy, an interest of five percent (5%) or more of the total assets of capital stock In the firm are as folbws: (if necessary, use a separate sheet to supply additional information that wtH not fit on this line; however, you must nrtake reference, on the above line, to tlW additional sheet and the additional sheet must be signed under oath), [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock Is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Rrm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Rrm herdiy acknowledge that we have not contraaed or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as f^e26 of 56 CO follows: (jf necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchaslng\Vendor Registratlon\IL28.l2 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Rrm, nor any of their immediate family (i.e.. as a spouse, son. daughter, parent, brother or sister) is related by blood or nrarriage to: (I) any member of the City Commission; (ii) any ciiy employee; or (ill) any member of any board or agency of the City other than as follows: fif necessary, use a separate sheet to supply additional information that wiR not fit on this line; however, you imist make reference, on the above Rne. to the additional sheet and the additional sheet must be signed under oath), [while the ethics code still applies, if the person executing this form Is doing so on behalf of a firm whose stock is publicly traded, the statement in this secdon (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or direaors of the Rrm, or of any of their immediate fomily to any appointed or elected officials of the City, or to their imnnediate fandly members]. (8) No Other Rrm, nor any officers or direaors of that Other Rrm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' Immediate fantily (i.e., spouse, parents, children, brothers and sisters) nor any of my Immediate femily members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Rrm that I represent or anyone who has a financial interest greater than 5% in the Rrm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: (if necessary, use a separate sheet to supply additional information that wRI not fit on this line: however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath), [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Rrm, or the Rrm he/she represents, as to their officers, direaors or anyone having a financial interest in those Rrms or any of their any member of those persons' immediate funily.] (9) I and the Firm agree that we are obligated to supplement this VeriRcadon Form and inform the City of any change in circunutances tftat would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Rrm have an obligation to supplement this VeriRcadon Form with the name of all Related Pardes who have also responded to the same sollcitadon and to disclose the reladonship of diose parties to me and the Firm. (10) A violation of the City's Ethla Code, the giving of any false information or the failure to supplement this Verification Form, may su^ea me or the Rrm to Immediate termination of any agreement vtith the City, and the imposition of the maximum Rne and/or any penalties allowed by law. Additionally, viofadons may be considered by and subjea to action by the Miami-Dade County Commission on Ethia. Under penalty of perjury. I declare that I have made a diligent effort to investigate the matters to which I am attesdt^ hereinabove and tha the statements made hereinabove arflSt^ and correa to the best of my knowledge. Information and belief. Signature: Print Name & Title: Date: 3 ( j t If Page 27 of 56 CT> Sec 8A-I. • Conflict of interest and code of etitics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of interest and Code of Ethics Ordmance." This section shall be applicable to all dry personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judidal personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following deflnidons shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agendas, such as the dty community redevelopment agency and the health fadlities authority. (3) The term "quasi-judidal personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other indi^duals, boards and agencies of the dty as perform quasi-judidal functions. (4) The term "advisory personnel" shall refer to the menrbers of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city derk, the city manager, department heads, the city attorney, and all assistants to the city derk. city manager and dty attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the dty. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be confored, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the dty. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person Included In the terms defined In paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contraa or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the dty or any person or agency acting for the city, and any such contract, agreement or business engagement entered In violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the dty government: (2) The purchase of bonds, anticipation notes or other securities that may be issued by the dty throu^ underwriters or directly from time to dme. Waiver of prcfiibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding thac (1) An open-to-all sealed competitive proposal has been subndtted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or roistered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a dty person defined in paragraphs (b)(2), (3) and (4): (3) The property or services to be involved in the proposed transaction are unique and the diy cannot avail Itself of such property or services without entering a transaction which would violate this" subsection but for waiver of its requirements: and (4) That the proposed transaction will be In the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered In violation of this subsection. Pfovisicns cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. Page 28 of 56 o CM No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shafi enter into an/ contract or transact any business through a firm, corporation, partnership or business endty in which that person or any member of ^e immediate femily has a controlling financial interest, direct or indirect, with the dty or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transa^on voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included In the term defined In paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of ^e following relationships with any of the persons or entities which would be or might be directly or indirecdy affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or benefit^ry; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner In which it would affect the public generally. Any person included in the term defined In paragraph (b)(1) who has any of the specified rdationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (£) Gffbs. (1) DepmUon. The term "gift" shall refer to the transfer of anything of economic value, whether In the form of money, service, loan, travel, entercalnmenc hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law: b. Gifts from rdatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c Awards for professional or civic achievement: d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gifL It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person Included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because oh a. An official public action taken, or to be taken, or whl^ could be taken, or an omission or foilure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or feilure to perform a legal duty; c A legal duQ^ violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1): or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person Included In the term defined in paragraphs (b)(i) through (6) shall disclose any gift or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form witit the clerk of the county and with the Florida Secretary of State. (0 Compulsory disclosure by employees of firms doing business wHh the dty. Should any person included in the terms defined In paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity In which that person or the Immediate family does not have a controlling financial interest and should the corporation, firm, partnership or business entity have substantial business commitments to or from the dqr or any city agency, or be subject to direct regulation by the city or a dty agency, then the person shall file a sworn statement disdosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included In the terms defined in paragraphs (b)( I) through (6) shall corruptly use or attempt to use an offidai position to secure special privll^es or exentptions for that person or others. (h) Prohibition on use of confidential Information. No person included In the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one ndght reasonably expect would require or Induce one to disdose confidential information acquired by reason of an official position, nor shall that person in faa ever disclose confidential information garnered or gained throi^ an official position with the city, nor shall chat person ever use such information, directly or indirectly, for personal gain or benefit (i) Conflicting employment prohibited. Page 29 of 56 CM No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other emplo/ment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensadon for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows; a. C&ierQtly prohibited. No fulUtime city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When pemdaed. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person conviaed of violating any provision of this subsection shall be punished as provided in section l-i I of the Code of Miaml-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the dcy. (2) All full-time dty empbyees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or Instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of naoney or other consideration recdved by tfie employee from the outside employmenc City employee reports shall be filed with the city derk. The reports shall be available at a reasonable time and place for inspection by the public The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in tfie terms defined in paragraphs (b)( I) through (6) or a member of the immediate liamily shall have personal investments in any enterprise which will create a substantial conflia between private interests and the public interest. (I) Certain appearances and payment prohibited. (1) No person included In the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who se^ legal relief from the dcy or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respea to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for sendees rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear In any court or before any administrati^ tribunal as counselor legal advisor to a third party who seeks legal relief from the dty commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined In paragraphs (b) (I) through (6) shall participate in any official action directly or Indirectly affecting a business in which that person or any member of the immediate family has a financial InteresL A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debL (n) Acquiring finandol interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project business entity or proper^ at a time when the person believes or has reason to believe that the financial interest may be directly affea^ by official actions or by official actions by the city or city agency of which the person is an official, officer or empbyee. (0) Recommending professional services. No person induded In the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lav*7er or law firm, architea or architectural firm, public relations firm, or any other person or firm, professional Page 30 of 56 CvJ CM or otherwise, to assist In any transaction involving the city or any of Its agencies, provided that a recommendation may properly be made when required to be made by the dudes of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person Included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her dcy service or employment has ceas^. lobby any city official [as defined in paragraphs (b)(1) through (6)] In connection with any Judicial or other proceeding, application, Solicitadon, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular sul^ect matter in which the ciqr or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any Individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entitles, ^' (c)(3) non-profit entitles or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(l) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(l) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years afisr his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in which the dcy or one of its agencies is a party or has any direa and substantial interest; and in which he or she participated directly or indirecdy through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her dty service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or en^loyment A person participated "indirectly" where he or she knowingly participated In any way in the particular subject matter through dedsion, approval, disapproval, recommendation, the rendering of advice. Investigation, or otfterwise, during his or her city service or employnrtenL All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any dty official attesting that the requirements of this subsection do not predude the person from toting city officials. (5) Any person who violates this subsection shall be subjea to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the dcy Is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the fects and questions. The dty attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6-99-1680. § 2,3-2-99) Editor's note- Ord. No. 6-99-1680, § I. adopted 3-2-99, repealed §§ 8A-I and 8A-2 in their entirety and replaced them with new §§ 6A-I and 8A-2. Former §§ 8A-I and 8A-2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (lA-l), I (IA-2) adopted Jan. II. 1969. END OF SECTION PageSI of56 CO C\J PRESENTATION TEAM DECLARATION/AFFIDVAIT OF REPRESENTATION This affidavit is not required for compliance with the Qt/s Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28«14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a Qty certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the Qty Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she Is registered with the Qty Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, . makes the following declaration under penalty of perjury: Listed below are all Individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she Is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. TITIE - Vr- ^ ^^ Qs>.va.o.I y4- For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's proposal is submitted to the Qty as part of the procurement process. Under penalties of perjury, i declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed tl day of CX*^»u.a.V 20 iL- Signature of Representativejiure or nepresenidwe , r » a Print Name and Title Print name of entity being represented Page 32 of 56 TischlerBise FISCAL 1 ECONOMIC 1 PLANNING Principal Office 4701 Sanganiore Road. Suile S24() j f-ellit.'sda, MD 20010 3CL320.69C0 x12 (w) ] 301.320.48o0 (f) [ c n r s o r I '© n i a c h I e r b! s 0. va o m S0Litl™iami ri !i: C! IV (=)!■ i'l:i;ASAN1 Mvixc;, CIlT OF SOUTH MIAMI ,gFP#::PL20^^^ : ; September 1;4, lb^ ■■ ^ . -i. te Indalo MOIiver ^ ' i ■i; ft o u i' cc E s. Pvarninn ; ciosKjn er^g'nrf*'-'nr: South 'Miami li-ii rijv^,jr yu.A Table of Contents City of South Miami Impact Fee Study for Parks & Recreation Land Acquisition Tab 1: Cover Letter 1-1 Tab 2: Statement Acknowledging Receipt of Each Addendum 2-1 Tab 3: Qualifications and Experience of the Firm(s)/lndividuals who will Provide the Services 3-1 Project Management Team 3-1 Team Organization Chart 3-2 Team Resumes 3-3 Professional Licenses and Certifications 3-8 Tab 4: Qualification Statement 4-1 Executive Summary 4-1 Project Schedule 4-4 Respondent's Experience 4-4 Tindale Oliver Ownership Interest Table 4-5 Tindale Oliver Company Organizational Chart 4-6 Respondent's Past Performance 4-7 Tindale Oliver Florida Public Finance Experience Map 4-8 Tindale Oliver Parks Impact Fee Experience Map 4-9 Related Project Summaries 4-10 Tab 5: Fulfillment of All Solicitation Documents 5-1 Proposal Submittal Checklist Form Supplemental Checklist for Respondents - Exhibit 2 Indemnification and Insurance Documents - Exhibits Respondents Bid Form - Exhibit 4 Professional Services Contract - Exhibit 5 Respondent Qualification Statement List of Proposed Sub-Contractors and Principal Suppliers Non Collusion Affidavit Public Entity Crimes and Conflicts of Interest Drug Fee Workplace Acknowledgement of Conformance with OSHA Standards Affidavit Concerning Federal and State Vendor Listings Related Party Transaction Verification Form Presentation Team Declaration /Affidavit of Representation 126 CITY OF SOUTH MIAMI | Impact Fee Study for Parks & Recreation Land Acquisition www.tindaleoliver.com Letter of Transmittal Photo courtesy of www.southmiamlfl.gov/457/City-Parks 127 -(D:South 'Miami )i!i;ctivoFn.i;/\SAWi iiw RFP NUMISERAND TITLE Impact Fee study:f^ Parks & ReCFeatiPnilaPd Acquisiti CONSULTANT NAME AND ADDRESS Tihdale Oliver 1000 N. Ashley Drive Suite400 Tampa, PL 33602 DESIGNATED CONTACTS Nilgun Kamp, AiCP Directpr of Public Finance Role: Projiect Manager (813)224-8862 NlKamp@tlndaleolivencom Steven A. Tindale, P.E., FAICP President Role: Prindpal-in-Charge (813)214-8862 SHndale@tindaleoliver;com SUBCONSULTANT(S)* White & Smith, LLC Charleston, NC Tab 1 Letter of Transmittal September 14,2018 Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: City of South Miami Impact Fee Study for Parks & Recreation Land Acquisition Dear Mr. Alexander: Tindale-Oliver & Associates, Inc., dba Tindale Oliver, is pleased to submit this proposal as an expression of interest in the above-named City of South Miami project. Included on our team are White & Smith, LLC (legal analysis, if needed). Our team of professionals has extensive experience and knowledge in preparing impact fee studies for parks and recreation facilities, as well as several other public infrastructure areas. South Miami currently has a population of 13,000 within 2.3 square miles. The city is mostly built out, with a number of non-contiguous enclaves to the north. Future population growth will be mostly through redevelopment of properties at higher densities. The City currently owns 15 parks and recreational facilities, including 48 acres of park land, a 22,000-square foot community center, an aquatic center, and other recreational facilities. The City of South Miami completed its first Parks Master Plan in 2016, which identified $20 million of capital improvements and land acquisition/development needs. The Plan recommended issuing a Parks & Recreation Bond as a funding mechanism, with debt service on the bond paid back using General Fund and impact fees. Given this level of funding needs, the City requested proposals from qualified firms to prepare a parks and recreation facilities impact fee. Over the past 29 years, Tindale Oliver has earned a national reputation as a leader in impact fee studies and, more important, in their acceptance and implementation. We are a Florida- based firm that has successfully completed more than 300 impact fee studies, including those for Broward, Charlotte, Collier, Palm Beach, Pasco, Orange and Hillsborough counties and the cities of Tampa, Lakeland, Oviedo, Palm Beach Gardens, Village of Royal Palms, and Hallandale Beach, among others. This knowledge, along with our background review outlined in Tab 4 of this proposal, will assist us in developing an impact fee update study that is responsive to the City's growth management and economic development goals. In terms of philosophy and general approach, Tindale Oliver differentiates itself as noted below, and we have prepared this proposal based on these differentiators. Institutional Knowledge and Insight As noted, Tindale Oliver has earned a national reputation as a leader in impact fee studies and in their acceptance and implementation. It is important to note that no impact fee study conducted by Tindale Oliver has ever been successfully challenged in any court system. Tindale Oliver is unique in that most of our principals and senior professional staff are experienced in impact fees. The founders and subsequent leaders of the firm come from public sector backgrounds and have operated multiple departments, with experience that translates into a practical understanding of issues that government officials face in planning, designing, financing and implementing projects. In addition, our Team includes engineers, economists, planners, attorneys, and GIS ) 28 specialists. We have prepared Parks, Fire, Transportation, and Affordable Housing Master CITY OF SOUTH MIAMI j Impact Fee Study for Parks & Recreation Land Acquisition 1-1 •0!') Li-ttcrofTroiismiLta! Plans and Future Parks Location Analyses for local governments and understand the relationship between impact fees, master plans, and economic development and growth management goals. This substantial experience ensures the dedication of resources that will result in a project that is completed on time and supported by reliable and accurate information. In our proposal, \A/e have included a map presenting examples of jurisdictions served by theJindale Oliver Team for impact fee studies, as well as several references. We encourage you to contact our clients. Tindale Oliver not only has significant impact fee experience, but we have been involved in impact fees since our inception and have addressed issues related to impact fees, growth management, and economic development goals through various economic and demographic cycles. The institutional knowledge gained from our long-term experience cannot be matched by any other firm in the industry. Insight and Outcomes Our proposal describes an exceptional insight that has produced especially effective outcomes for our clients over the past 29 years. The related project descriptions included in this proposal provide examples of insight provided and outcomes achieved through Tindale Oliver's work for several of our clients to achieve their growth management and economic development goals. The City has requested a technical study that reviews South Miami's growth patterns, explores alternative revenue sources in relation to cost of providing park land and recreational facilities, and evaluates alternative impactfee methodologies. Our approach and the related projects included in this proposal indicate our unique insight in performing these services and the effective outcomes that have provided significant results for our clients. Our work consistently shows the highest return on investment in the industry. Although our studies may have budgets higher than proposed by other consultants, the resulting depth of information and quality of our work provide our clients with the best return on their investment. We urge you to call our client references for verification of how significant this return can and will be to you. In conclusion, we would like to emphasize the personal commitment of our team. This study will address your objectives and focus on impact fee strategies that result in accurate and equitable fee programs for South Miami and will be completed within the 120-day time frame the City is targeting. We look forward to the opportunity to provide our services to theCity of South Miami. Sincerely, Steven A. Tindale, P.E., FAICP President Nilgiin Kamp, AlCP Director of Public Finance 129 CITY OF SOUTH MIAMI | Impact Fee Study for Parks & Recreation Land Acquisition 1-2 IndaleMOtiver wwvv.tindalGoliver.com :.d :/4 '■ .■' .'■ ■ .... -■ •- * --...»_. ^—...... , : ■ statement Acknowledging Receipt of Each Addendum 130 Photo courtesy of The City of South Miami Parks and Recreation Master Plan Master ■K'lV/liSouth'Miami I ill envoi- i'ir,v>ANi Tab 2 Statement Acknowledging Receipt of Each Addendum /:.-W Tindale Oliver acknowledges receipt of the following addendum: > Addendum No. 1 dated August 28,2018 131 CITY OF SOUTH MIAMI | Impact Fee Study for Parks & Recreation Load Acquisition 2-1 lindale^Oliver www.tindaleoliver.com . V "ji I. ■■,■ .■'-.■■■■ .^T. l'-""-J >T!'».>/,!.11 '" . . ■ ■ .vj' - vj ■- ..-■.^'f■■■■■'..-i-? '■ 'i/ "'ij -'v }■=■ ■/''^i''"i =:'■ ■■ ■ ■ '""■..■.I. ■-. ■.■■■ >i- li;. ■': .'ff■;,■ .,■; ■: .-s W3 ■;■■.ti-- f- ? dJS* ■;■■■.-■ ■-.• ■■■ ■:-, ■":■■.■ ■^. ■ .:^f:^.„. 132 Photo courtesy of www.southmiamifI.gov/457/City-Parks Tab 3 Qualifications and Experience of the Firm(s)/lndividuals Who Will Provide the Services PROJECT MANAGEMENT TEAM This section demonstrates the significant experience offered by the project management team proposed for this project. Individuals identified as principai-in-charge and project manager will not be altered without the permission of the City. Steven A. Tindale, P.t., FAiCP ilO) will serve as the Principal-in-Charge for the City of South Miami Impact Fee Study for Parks & Recreation Land Acquisition. With almost 50 years of professional experience, his primary work over the last 29 years has involved public finance studies and their implementation. He also has written papers on fee methodologies and introduced new concepts. With his background as the Public Works Director for the City of Tampa (Florida), he has an in-depth understanding of operating budgets and capital infrastructure programs. He offers expertise in public facilities planning and financing, capital budgeting, local government, transportation planning and engineering, and, perhaps most important, project implementation. His degrees include a BS in Engineering and an MBA from the University of South Florida. Nilgun Kamp. A!CP (TO) will serve as the Project Manage*! for this project. With more than 25 years of experience in conducting public finance studies, she has managed 250+ impact fee, user fee, assess ment, and infrastructure planning studies. She offers significant experience with annual budgets, capital improvement programs, and project expenditures to develop or update the various fee components. Her degrees include an MA in Economics from the University of South Florida and a Master of International Relations and Pacific Studies from the University of California in San Diego. Nilgun has served on the Board of Directors for the Growth and Infrastructure Consortium since 2013 and is a frequent presenter at this as well as other industry conferences. Tyson Smith, Esq., A!CP (W&S) has a diversity of experience in local government and land use planning law, with particular focus on "facilities-based" growth management techniques, including impact fees, concurrency, adequate public facilities ordinances, and rate of growth ordinances. He will provide legal analysis for this impact fee study, if needed. Since 2003, Tyson has worked with Tindale Oliver in this capacity on several fee projects. Organization Chart, Resumes, and Licenses/ Certifications An organization chart for this project is on the following page, followed by detailed resumes for the key personnel proposed for this project. These resumes provide additional information on the education, professional certifications and affiliations, experience, roles, and pertinent skill sets for all Tindale Oliver Team key staff. Applicable licenses and certifications are at the conclusion of this section. 133 CITY OF SOUTH MIAMI | Impact Fee Study for Parks & Recreation Land Acquisition 3-1 vjvjw.tindaleoliver.com Job 3: Oualificalions and Experience of the Firmisj/lndMduab Who Will Provide the Services City of South Miami Impact Fee Study for Parks and Recreation Land Acquisition Tindale Oliver Team Organization Chart Cityof South Miami Project Manager Steve Tindale, P.E., FAICP (TO) - Principal-ln-Charge '*■, ■ \ I if I 'i'li llirF'.'1'H.'A'^'ll^'ll' *1 NilgunKamp,AiCP(TO) Robert Layton (TO) Chris Keller, AlCP (TO) TO-Tindale Oliver ; W&S - White & Smith, LLC ; *Bold Names represent task § leaders. Nilgiin Kamp, AiCP (TO) Project Manager m Tyson Smith, Esq., AICP (W&S) Steve Tindale, P.E., FAICP (TO) Presentations/Meeti ngs(IfiNeeded) Steve Tindale, P.E., FAICP (TO) Nllgun Kamp, AICP (TO) [fvWPPOfSdPi-PjVtStaff'-; ]Years of Experience ■' Vears'wit^^^^^ Steven A. Tindale, P.E., FAICP 49 years 29 years Nilgun Kamp, AICP 25 years 15 years Robert Layton 11 years 11 years Chris Keller, AICP 11 years 11 years Tyson Smith, Esq., AICP 26 years 18 years 134 CITY OF SOUTH MIAMI | Impact Fee Study for Parks & Recreation Land Acquisition 3-2 TndaleSsOliver www.tindaleoliver.com Education > MS, Business Administration/ Management, University of South Florida (1976) > BS, Engineering, University of South Florida (1970) Years of Experience 49 Years with Tindale Oliver 29 Certifications > Florida P.E. #16434 > AlCP #14432 Professional Affiliations > American Institute of Certified Planners (AlCP) > American Planning Association (APA) > American Public Works Association (APWA) > Institute of Transportation Engineers (ITE) > Urban T raffic Engineers Council (UTEC) Steve Tindale, P.E., FAICP Principal/President and Chief Executive Officer Role: Principal-ln-Charge lindaie ©Oliver planning 1 design j engineering Steve's primary work activities over the last 49 years have involved public funding studies and implementation of related ordinances. He has been involved in the development of impact fees, assessments, and user fees for a variety of infrastructure types, including fire/EMS, schools, parks and recreation, law enforcement, libraries, solid waste, government buildings, and transportation. Prior to this, he was the Public Works Directorforthe City of Tampa. At this capacity, he worked with several departments, addressing operating and capital budgets and balancing revenues with the level of service provided. His involvement includes studies for the Cities of Hallandale Beach, Parkland, Oviedo, Bartow, Tampa, Albuquerque, Lakeland, Panama City and Plant City, as well as Collier, Orange, Brevard, Flagler, Pinellas, Marion, Broward, Hernando and Charlotte counties. Steve introduced the concepts of "marginal costs" and "value added" to impact fee analysis. This was accomplished through the use of extensive database and spreadsheet analysis allowing sophisticated calculations to be made for complete systems and system improvements. Furthermore, in 1991, Steve was awarded "Most Outstanding Paper" from the Planning Council of the Institute of Transportation Engineers for a paper entitled "Impact Fees—Issues, Concepts, and Approaches." He presented a paper entitled "Smart Growth" at the Impact Fee Symposium in Atlanta and regularly speaks at the Growth & Infrastructure Consortium (GIC, formerly known as National Impact Fee Roundtable). Porks and Recreation > City of Tamarac (2018) > City of Oviedo (2005,2013,2018) > City of Hallandale Beach (2018) > Collier County (2009,2013,2018) > Orange County (2012,2017) > Town of Wake Forest, NC (2017) > Village of Royal Palm Beach (2016) > City of Palm Beach Gardens (2016) > City of Largo (2016) > Palm Beach County (2014) > City of Lakeland (2006, 2009,2014) > Indian River County (2013) > Charlotte County (2013) > City of Casselberry (2013) > City of North Port (2011) > Panama City (2008) > City of St. Pete Beach (2006,2007) > City of Ft. Pierce (2006) > City of Tava res (2006) > City of Deland (2004) > Cityof Plant City (1989,2002) > Brevard County (1999)135 CITY OF SOUTH MIAMI | Impact Fee Study for Parks & Recreation Land Acquisition 3-3 lincSale^Oliver www.tindaleoliver.com Education > MA, Economics, University of South Florida (1995) > MA, International Relations & Pacific Studies, University of California San Diego (1992) > BA, Economics, University of California San Diego (1990) Years of Experience 25 Years with Tindale Oliver 15 Certifications AICP #19238 Professional Affiliations > American Planning Association (APA) > American Institute of Certified Planners (AICP) > Women's Transportation Seminar, President, Tampa Bay Chapter > Growth and Infrastructure Consortium, Board of Directors, T reasurer A. Nilgiin Kamp, AICP Principal/Director of Public Finance Role: Project Manager lindale "'Oliver planning j design | engineering Nilgun has been involved in public infrastructure financing for 25 years. She has served as the project manager for over 250 impact fee, assessment, and user fee development and implementation studies for parks and recreation, transportation, fire, EMS, schools, law enforcement, correctional facilities, government buildings, solid waste, and libraries. Her experience also includes demographic and travel behavior analysis, demographic and population projections for funding studies, travel behavior analysis, economic and fiscal impact studies, demand components, demand analysis, and other related assessment and impact fee support activities. She is regularly invited to make presentations at the industry conferences. Parks and Recreation > City of Tamarac (2018) > City of Hallandale Beach (2018) > Collier County (2009,2013,2018) > City of Oviedo (2005,2013,2018) > Town of Wake Forest, NC (2017) > Orange County (2004,2012,2017) > Cityof Palm Beach Gardens (2016) > Village of Royal Palm Beach (2016) > Cityof Largo (2016) > Palm Beach County (2014) > Brevard County (2014) > Indian River County (2004,2013) > City of Casselberry (2013) > City of North Port (2011) > Volusia County (2008) > Panama City (2008) > Lake County (2007) > City of Helena, MT (2007,2009) > Lewis & Clark County, MT (2007,2009) > City of Kissimmee (2007) > City of St. Pete Beach (2006,2007) > City of Ft. Pierce (2006) > City of Tava res (2006) > City of Apopka (2006) > Cityof DeBary (2006) > Highlands County (2006) > Citrus County (2006) > City of Deltona (2005) 136 CITY OF SOUTH MIAMI | Impact Fee Study for Parks & Recreation Land Acquisition 3-4 UndaleiSOliver www.tindaleoliver.com E. Tyson Smith, Esq., AlCP Curriculum Vitae FIRM INFORMATION White & Smith Planning and Law Group 255 King Street Charleston, South Carolina 29401 (843) 937-0201 tsmith@planningandlaw.com www.planningandlaw.com BACKGROUND Tyson Smith has been working in local government law and land use planning since 1992, first, as an in-house planner and, since 2000, as a planning consultant and attorney. Mr. Smith has served over fifty jurisdictions around the country on matters related to impact fees and other public facility tools, including concurrency/APF, tax increment financing, development agreements, and exactions. Mr. Smith is the former chairman of the board for the Growth & Infrastructure Consortium. Mr. Smith also is certified mediator (SC) and holds law licenses in Florida and South Carolina. RECENT IMPACT FEE CLIENTS Florida: Apopka, Aventura, Casselberry, Citrus County, Brevard County, Collier County, Coral Springs, Deltona, Escambia County, Flagler County, Ft. Pierce, Hernando County, Hillsborough County, Indian River County, Inverness, Kissimmee, Lakeland, Manatee County, Marion County, Orange County, Orlando, Osceola County, Oviedo, Palm Beach County, Palm Coast, Panama City, Pasco County, Sarasota, Sarasota County, St. Johns County, St. Lucie County, and Java res. Nationwide: Washoe County (Reno, NV), Nye County (NV), Missoula (MT), Bozeman (Ml), Georgetown County (SC), Aiken County (SC), Anderson County (SC), Cheyenne (WY), Helena (MT), Queen Anne's County (MD), Sunbury (OH), Delaware (OH), Fairfield (OH), Garden City (GA), Gary (NC), Salt River Pima Indian Community, Avondale (AZ), Flagstaff (AZ), Queen Creek (AZ), Maricopa County (AZ), Goodyear (AZ), Yuma (AZ), Larimer County (CO), Park City (LIT). EDUCATION BACKGROUND > Juris Doctor, University of Florida (2000) > Master of Arts (Urban and Regional Planning), University of Florida (1995) > Bachelor of Arts (Economics), University of North Carolina at Chapel Hill (1991) EXPERT WITNESS Monroe County, Guitierrez v. Florida Department of Community Affairs and Monroe County, DCA 07-OR-263; June 2008. AFFILIATIONS > Member, Growth and Infrastructure Consortium, Board of Directors > Member, Mediation and Meeting Center of Charleston > Member, American Planning Association > Member, Institute of Municipal Lawyers Association LICENSES AND CERTIFICATIONS > Member, American Institute of Certified Planners > Member, Florida Bar > Certified, Family Court Mediator (SC) > Certified, Civil Court Mediator (SC) 137 CITY OF SOUTH MIAMI 1 Impact Fee Study for Parks & Recreation Land Acquisition 3-5 www.tindaleoliver.com n n n n -':J. ii/l Education BA, Economics/Business Administration, University of Florida (2007) Years of Experience 11 Years with Tindale Oliver 11 Professional Affiliations American Planning Association (APA) Robert Layton Assistant Project Manager/Planner Project Role: Project Planner lindale MOIiver planning | design | engineering Robert joined Tindale Oliver in 2007 and has since been involved primarily in public finance studies, including fee studies for parks and recreation, transportation, law enforcement, fire, EMS, schools, correctional facilities, government buildings, solid waste, and libraries. His background in economics enables him to work effectively with economic/demographic variables, capital improvement programs, expenditure and revenue figures, and other financial material. He also has an extensive experience with property appraiser databases. Robert also has been involved in the preparation of administrative manuals for several jurisdictions. Representative Projects >City of Oviedo (2013,2018)>Sumter County (2008,2014) >City of Hallandale Beach (2018)>City of Lakeland (2013) >City of Bozeman (2017)>Hernando County (2013) >Hillsborough County (2016)>Charlotte County (2013) >City of Sarasota (2016)>Indian River County (2013) >City of St. Cloud (2016)>City of Casselberry (2013) >St. Lucie County (2016)>Orange County (2013) >Palm Beach County (2015)>Collier County (2008,2013) >City of Palm Beach Gardens (2016)>City of Orlando (2012) >City of Tampa (2014)>City of North Port (2011) >Pasco County (2014)>City of Haines City (2009) >Brevard County (2014)>City of Helena (MT) (2007,2009) >Marion County (2014)>Polk County (2009) >City of Tampa (2009,2014)>Lewis & Clark County (MT) (2007,2009) >Osceola County (2011,2014)>Leon County (2008) >Panama City (2008) 138 CITY OF SOUTH MIAMI j Impact Fee Study for Parks & Recreation Land Acquisition 3-6 IndaSe^Oliver www.tindaleoliver.com Education BA, Geography, University of South Florida Years of Experience 11 Years with Tindale Oliver 11 Certifications AICP #025559 Professional Affiliations > American Planning Association (APA) > American Institute of Certified Planners > Association of Pedestrian and Bicycle Professionals Christopher Keller, AICP Assistant Project Manager Role: GIS Specialist lindale MOliver planning i design | engineering In his over 10 years with Tindale Oliver, Chris has gained knowledge and applied experience in a wide range of urban and transportation planning issues. His expertise includes multimodal transportation planning, complete streets, corridor planning, and traffic safety, and public finance studies. He also is familiar with State policy planning issues and has provided general mobility recommendations for many communities throughout Florida. In addition to his understanding of various planning issues, Chris possesses a proficiency in GIS applications and database management. His experience and skill set allow him to apply creativity and energy to innovative and unique projects that have helped create multimodal transportation systems that have shaped the communities of today, and will impact communities of tomorrow. Representative Projects Public Finance > Osceola County School Impact Fee Update (2009,2014) > Collier County Impact Fee Update (2010,2014) > City of Oviedo Impact Fee Update (2013) > City of Orlando Multi-Modal Transportation Impact Fee (2012) > Osceola County Transportation Impact Fee Update and Funding Study (2011) > City of Bartow Fire Facilities Plan (2009,2010) > Sumter County Fire Impact Fee Update (2009) > City of Helena (MT) Impact Fee Study (2008,2009) > City of Tampa Transportation Impact Fee Study (2008) Bicycle & Pedestrian Safety Studies > FOOT District 7 Bicycle/Pedestrian Access to Transit Safety and Improvement Plan (2013-2018) > City of Sarasota Citywide Mobility Plan (2014) > Hillsborough County MPO Tampa Walk-Bike Plan Phases I - IV (2014) Traffic Safety Studies > FOOT District 7 District-Wide Safety Studies and Minor Design (ongoing) > City of Tampa Highway Safety Improvement Program Project Justification (2013) > Lake-Sumter MPO Crash Data Management System (2009,2010) Ti a flic Safety Studies River to Sea TPO US 17 Multimodal Corridor Study (2018) FDOT District 7 & Pinellas MPO US 19 Pedestrian and Bicycle Safe Access to Transit Corridor Study (ongoing) Broward County MPO SR 7 Multimodal Corridor Study (2016) FDOT District 4 US 1 Multimodal Corridor Study (2014) 139 CITY OF SOUTH MIAMI | Impact Fee Study for Parks & Recreation Land Acquisition 3-7 lindaleMOIiver www.tindaleoliver.com Tab 3: QuolHicntioni, ana Experience of the Firm (s)/1 ndi v /ci 11 a i s \-\'ho Will Provide the Services Board df Professional Engineers i , P.1&. ^ .lii ';4FBPE Is licensed as a Ptofessiomd-il^Sii^ei^ imd^ 471, Flodda Statutes Biqtiradon: 2/28/2019 ^ i ''' RB.Iic.No: AadltNo: 228201912899 R , I-' ,vl;v 16434 Afucricjn Ini^Tittitc ot (-crtiht-d H^jintrs Steven A, iinciaie A Mcnilti'rnf rJic o! Ftilowstjf AK!1' \r: i i-( L t.-Tr.jiLrv L-.Kl.T\hrp, Uwji Mriij. ' jiiJ -jjcii l--n*.. 'hk t" \b.e J vj:i:;r,- • ) fM: ihc pivuJlir.i.: .n Al.'XXvl. 1 B". a-.iVr.vA-yrnrO/frav Ts^iiina StAM0li«^«74;i( Atatwuisn UcnaoswSKi t CrtA«jn»«\cpv* 5M4 3 »4«a44 |M» JUV1.vd t « an mT^ ukaM «• a r»4v /Vi rfcuftOttun f<i>«nLja9tar«au tuuitounacAM «ar*t^Jta«ruK Sa« iKan««ervK 9«31 pwinuM) rnzmiKo affmittmmn SI til The American Institute of Certifled Planners Tlic I'nifcsauaMJ Icstitutc of the Amencan Pbnnia^ Aaaodatioa hereby qualifies A. Nilgun Kamp a.s a member witli all die bencfib) of a (Certified Planner and responsibility to the AK'P Code of Ethics and Profesbiunal Conduct. CcftifteH PUnitrf Ntunbcr 01*^'i8 Ortober 1, *<^)04 mj«4>i 'Hiij cc/tilkaft; fuicliy ^ualifio Christopher M Keller, AICP ac, a in?iiilxri»'itli ;^il the Ix/ncltl&td 4 Ccrttftcd PtinniT and a atmmitmcm to the AK'P CcmIc of EcIuca auJ PioltaMtnul CammJihi. Ortified li-imKr Kiunltcr 02555'> \^4*C 140 CITY OF SOUTH MIAMI | Impact Fee Study for Parks & Recreation Land Acquisition 3-8 Undale^Oliver www.tindaleoliver.com ■l« '\4> K' -:■■■ ■ ■■ Plp^liPMp*W^: ; QuaUfication Statement 141 Photo courtesy of www.southmiamifl.gov/457/City-Park$ iviiami Tab 4 Qualification Statement EXECUTIVE SUMMARY Incorporated in 1927, the City of South Miami is one of the oldest municipalities in Miami-Dade County. With a current population of 13,000 within 2.3 square miles, the city experienced significant population growth between 2007 and 2013, at an average annual growth rate of 4.6%, which subsequently slowed down and shows a population decrease since then. The city is mostly built out, with a number of non-contiguous enclaves to the north. Future population growth will be mostly through redevelopment of properties at higher densities. After a period of declining taxable value due to the economic downturn. South Miami started to experience an average annual increase of 6.6% in per-capita taxable values since 2013. The City's tax base is well diversified, with approximately 60% generated from residential properties and 40% from non-residential properties, which has tended to moderate fluctuations in property tax revenues. In addition, as stated in the City's Evaluation and Appraisal Report (EAR) amendments adopted in 2010, one of the City's goals is to continue to increase its tax base and fiscal health through new development and redevelopment, increased property values, annexations, impact fees, grants, and other strategies as appropriate. South Miami is served by Miami Metrorail at a station at the intersection of US-1 and Sunset Drive, servicing the surrounding neighborhood, including South Miami Hospital and South Miami city government offices. Article VIII of the City's Land Development Codes states that the City aims to maximize the presence of dedicated mass transit center through the creation of a district that surrounds this major mass transit facility and is designed to encourage a mix of high-density uses, specifically residential, retail, and office uses. The City currently owns 15 parks and recreational facilities, including 48 acres of park land, a 22,000- square foot community center, an aquatic center, and other recreational facilities. It completed its first Parks Master Plan in 2016, which identified $20 million of capital improvements and land acquisition/development needs. The Plan recommended issuing a Parks and Recreation Bond as a financing mechanism, with debt service paid back with General Fund and impact fees. Given this level of need, the City requested proposals from qualified firms to prepare a parks and recreation facilities impact fee. The Tindale Oliver Team includes planners, engineers, economists, and attorneys and has in- depth experience in impact fee studies for a wide range of program areas, including parks and recreation facilities. In addition, Tindale Oliver staff have prepared Parks Master Plans and other planning studies and understand the relation between impact fees, master plans, and economic development and growth management goals. As such, if desired, our impact fee studies can incorporate a tool that allows local governments to make the necessary policy decisions to support their economic development and growth management goals, provide impact fee discounts, and, at the same time, maintain the desired level of infrastructure. As part of this technical study, the following specific tasks will be completed. TASK 1: Project Initiation, Background, and Kick-off Meeting Upon receipt of the Notice to Proceed, Tindale Oliver will meet with a core group of City staff to acquire a complete understanding of the City of South Miami's land use planning issues and identify relevant policy issues for consideration in developing the impact fee methodology. As part of this meeting, major technical and policy issues.142 CITY OF SOUTH MIAMI | Impact Fee Study for Parks & Recreation Land Acquisition 4-1 UncialeMOIiver www.tindaleoiiver.com coordination of staff/consultant responsibilities, and the project schedule will be discussed. Other topics will include the City's current infrastructure needs, economic development goals, capital facility financing issues, impact fee methodologies available, land use groupings, and geographic services areas, among other similar issues- Following this meeting, Tindale Oliver will coordinate with the City the collection of the specific studies, data, previous technical reports. Parks & Recreation Facilities Master Plan (already obtained), current policies and procedures, and other related information necessary to complete the impact fee study. We will review the background information and follow up with any questions/data clarifications prior to incorporating the information into the technical analysis. Meetings: Kick-off meeting on site with City project management team. Deliverable: Data needs memorandum. Task 2: Technical Analysis This task addresses the development of a parks and recreation impact fee program that will result in an impact fee reflecting the current capital costs of providing parks and recreation services in South Miami. This work effort is summarized in the following paragraphs and includes development projections, a review of the inventory of existing facilities and level of service, a demand component, and a review of the land, facility, and equipment costs and credits. SubtaskA: Land Use Assumptions and Development Projections (addresses Task 2 of scope) This task will review South Miami's economic and demographic characteristics, including population trends and projections, housing units, employment, and non-residential building projections over the next 20 years. Tindale Oliver has prepared profiles for all 67 counties in Florida and for many cities that include variables listed in the City's RPF as well as other similar variables to provide an understanding of each community's economic and demographic characteristics and growth patterns. Data sources that will be used for this analysis include the U.S. Census, the Bureau of Economic and Business Research, Woods & Poole, permitting trends, and Miami- Dade Property Appraiser database, among others. Any data available from the ongoing Comprehensive Plan update will also be incorporated. We will prepare a plan that includes projections of changes in land uses, densities, intensities, and population for a specific service area. A map of the area to which the land use assumptions apply will be included. Meetings: Discussions/meetings with City Planning & Zoning Department and Parks & Recreation Department that will be conducted under Task 1 as well as additional conference calls, as needed. Deliverable: Draft technical memorandum outlining projected land use factors. Upon receipt of City comments, a final technical memorandum will be issued. Subtask B: Inventory of Existing Facilities, Standards, and Level of Service (addresses portions of Task 3 of scope) Tindale Oliverwill review the parks and recreational facilities inventory included in the City's Parks & Recreation Master Plan as well as its website. The City will provide any recent changes to the inventory of existing park land, facilities, and equipment. Parks that provide a citywide vs. immediate neighborhood service, such as Dison Park and other pocket parks, will be identified. Upon review of the service radius of various parks, a final inventory will be developed that will include the acreage and the description number/ description of recreational facilities. The level of service, expressed as acres per 1,000 residents, will be calculated for park type based on current population information. The existing level of service will be compared to the 4 acres per 1,000 population standard adopted by the City of South Miami and those adopted by other Jurisdictions nearby and/or of similar size. The results will be discussed with City staff to determine the appropriate level of service. The defined standards will be applied to future development projections to identify the impacts of development on facility and other capital needs. This analysis will be documented in the technical report. Subtask C: Demand Component (addresses portions of Task 3 of the scope) Tindale Oliverwill develop the demand component for the parks and recreation impact 143 CITY OF SOUTH MIAMI | Impact Fee Study for Parks & Recreation Land Acquisition 4-2 lindale^OBiver www.tlndaleoliver.com Job 4: Quclificotion Slaremoin fee program using the most recent data available from the American Community Survey (ACS). We will use population per unit of land use and include only residential land uses in the fee schedule. This analysis will be documented in the technical report. Subtask D: Cost Component (addresses portions of Task 3 of the scope) The City's inventory of park land and facilities, along with the recently-completed Master Plan, will be used in the development of the cost component. The current inventory will be compared to location and types of parks facilities that are likely to be built in the city in the future, as identified by the Master Plan, to evaluate whether the existing inventory is representative of future facilities. Our parks master planning experience wilt be useful in addressing this issue. Cost estimates included in the Master Plan will be compared to and refined by recent information collected during the previous parks master plans and impact fee studies. Resulting estimates will be discussed with City staff to incorporate any recent bids/estimates. Tindale Oliver will review historical and planned capital improvement cost information. Master Plan estimates, and recent bids and projects completed within the past 2-3 years for recreational facilities within South Miami and other areas in the state. Recreational facility values obtained from the Master Plan, recent bids, or insurance reports will be compared to those observed in other jurisdictions, where appropriate. Similarly, recent land purchases for parks will be reviewed and documented. Given that most jurisdictions have a limited number of purchases, additional data on land cost will be obtained through vacant land sales and vacant land market value analyses throughout the area as available. The resulting data from these analyses will be coordinated with the Master Plan estimates to prepare the parks and recreation impact fee cost component, including land and facility costs. This work effort will be documented in the technical report. Meeting: One meeting with City staff to discuss capital facility needs and levels of service. Deliverables: Memoranda as appropriate. Subtask E: Credit Component (addresses Tasks 5 and 6) This task will consider the capital improvement offsets (to prevent double charging) that are legally required as part of the impact fee calculations and developer credits that are provided in the case of land donations or privately -funded construction of recreational facilities. Historical and projected capital improvement funding sources and expenditures for parks and recreation facilities in South Miami will be reviewed. Any bond issues used to fund parks and recreational capital facilities with an outstanding debt service will be reviewed and documented as appropriate. The City's Master Plan proposed issuing a Parks and Recreation Bond; the credit calculations will incorporate a scenario that includes such a bond. This information will be used to prepare the credit component of the impact fee formula. Finally, this task will evaluate alternative funding sources available to the City for capital facilities, including the proposed Parks and Recreation Bond, and revenue projections for each funding source will be provided. This calculation will allow the City to better understand funding sources and financing mechanisms available and the amount needed if the impact fees were discounted. Several scenarios that provide a combination of funding from the existing tax base vs. new growth as well as changes to the CIP will be prepared for the City's consideration. This work effort will be documented in the technical report. Subtask F: Evaluation of Methodologies, Impact Fee Schedule, and Fee Comparison (addresses Task 4) Based on the analysis conducted in subtasks A through D, the net impact cost per person and associated impact fee schedule per home will be calculated using three possible methodologies - Plan-based, incremental expansion, and cost- recovery. Based on the results of this analysis and discussions with City staff, the final methodology will be determined. A comparison of calculated fees to the existing fee schedule and fees implemented by other Florida jurisdictions will be provided. Meeting: One meeting with City staff to discuss alternative methods. 144 CITY OF SOUTH MIAMI | ImpactFeeStudy for Parks & Recreation Land Acquisition 4-3 UndaBei^OSiver www.tindaleoliver.com Deliverables: Presentation of fee categories. Subtask G: Technical Report and Public Presentations The work efforts connpleted in subtasks A through F will be documented in the technical report. The report will include but not be limited to: > Executive Summary > Detailed description of methodologies used > Detailed description of all level-of-service standards, cost factors used, and accompanying rationale, including an assessment of impact on the City's park concurrency requirements and any suggested modifications. > Detailed schedule of all proposed fees listed by land use type and activity > Other information that adequately explains and justifies the resulting recommended fee schedule > Cash flow analysis > Implementation and administrative procedures A meeting will occur with City staff to review the technical report. Comments received will be addressed, and the final technical report will be prepared. Meeting: One meeting/presentation to present study results. Deliverables: Draft and final reports and presentation materials for meetings. PROJECT SCHEDULE Tindale Oliver will submit the draft report 120 calendar days from the Notice to Proceed, provided that the requested data are received within 10 working days after submittal of the data needs memorandum and City staff are easily accessible for interim meetings/conference calls. RESPONDENT'S EXPERIENCE Tindale Oliver is a firm with a reputation as a leader in providing quality, innovative finance and planning services to its government clients. Individuals with extensive public management experience formed Tindale Oliver in 1989 as an S- Corporation in Florida. We have grown from a firm of 3 employees in 1989 to 100+ employees in 2018 (full-and part-time), with staff certifications including professional engineers, certified planners, LEED and CIS professionals, and accessibility inspectors, among others, as well as numerous planners, economists, and CIS analysts. Our employee numbers by classification are: > Administration: 20 > CADDTech:l > Computer Program: 1 > Economist: 1 > CIS: 1 > Planners/Professional: 35 > Technical/Analyst: 33 > Transportation Engineers: 11 We specialize in four primary solution areas: > Public Finance > Community Planning & Design > Multimodal Transportation > Transit Tindale Oliver has primary offices in Florida (Tampa, Fort Lauderdale) and Maryland (Baltimore), in addition to staff in Miami, Naples, Jacksonville, Bartow, Seattle, and Denver. Officers and Principals of the Firm Tindale Oliver's principals offer more than 200 years of combined experience in public finance, community planning & design, transit, and transportation planning solutions. Their enthusiasm and insight make them uniquely qualified to lead Tindale Oliver's employees and serve our public sector clients across the US. Our firm's officers and principals are as follows: > Steven A. Tindale, P.E., FAICP, Chief Executive Officer > William L. Ball, AlCP, Principal/Chief Operating Officer > Donald D. Latkovic, Principal/Chief Financial Officer > Joel R. Rey, P.E., AlCP, Principal/Vice President and Director of Transportation and Transit Solutions > Demian Miller, AlCP, Principal > Nilgun Kamp, AlCP, Principal/Director of Public Finance > Robert E. Cursey, Jr., AlCP, Principal/Director of Metropolitan Transportation Planning 145 CITY OF SOUTH MIAMI | Impact Fee Study for Parks & Recreation Land Acquisition 4-4 leindaleMOlB\^r wvvw.tindaleoliver.com Tab 4: Oualificaiion Statement Tindale Oliver's company organization chart is included on the following page, and a list of our 23 shareholders is shown in below. Tindale Oliver Ownership Interest Shareholder Name % Ovi/nersliip Year of Ownership Steve Tindale 47.51%1989 Bill Ball 25.92%2000 A. Nilgun Kamp 5.59%2005 Demian Miller 3.42%2005 Joel Rey 3.35%2005 Richard Dreyer 2.76%2008 William T. Bowman 2.18%2008 Asela Silva 2.06%2008 Susan M. Boda 1.89%2010 Allan Sequeira 1.45%2017 Don Kloehn 1.10%2010 Anthony Chaumont 0.53%2015 Robert E. Cursey, Jr.0.46%2015 Lucy Bengochea 0.35%2015 Evan Johnson 0.34%2015 Elisabeth Schuck 0.24%2015 Christopher Keller 0.21%2016 Andrea Sauvageot 0.20 %2016 Paola Baez 0.13%2016 Bryan Weinstein 0.12%2016 Gordon W. Blain 0.11%2016 Nancy Amador 0.08%2016 Randall Farwell 0.02%2017 Tindale Oliver was created to provide innovative financing programs, comprehensive planning, and infrastructure planning services to local government entities. The principals of Tindale Oliver have invested more than 80 years of their professional careers working for city, county, and state agencies. This experience affords them a real-life understanding of issues government officials face in comprehensive planning, infrastructure planning, and innovative infrastructure financing alternatives, and, more importantly, how to implement selected alternatives. Our Public Finance & Infrastructure Planning Team specializes in impact fee studies, user fees, assessments, alternative funding studies as well as infrastructure plans. We are very familiar with various methodologies used to prepare fees and know how to apply each methodology correctly to ensure that fee payer is not overcharged and that the fees are technically defensible. The following is a summary of the Tindale Oliver Team's unique qualifications, experience, and innovations upon which we will draw in preparing the impact fee study for the City of South Miami. Impact Fee Methodology - Tindale Oliver principals have published articles on impact fees that document the correct methodology and approach to developing impact fee programs. These articles set the standard for impact fee studies and have been used by many agencies across the nation to develop impact fee programs, including work by other consultants. Tindale Oliver's Economic Growth impact Fee Methodology - Tindale Oliver developed a methodology that allows impact fees to be sensitive to the growth rate of various areas within a jurisdiction, directly tying the rate of growth in the impact fee equation. We use this concept in our current ongoing Florida impact fee studies, and it has been applied in impact fee studies completed for and adopted in New Mexico by the City of Albuquerque and in Florida by the City of Orlando, Indian River County, Pasco County, Marion County, and Hernando County. Comparative Databases - Tindale Oliver compiled a cost database that includes unit costs for several infrastructure program areas, including recreational facilities. This database supplements local information, which tends to have a small sample size, and serves as a quality-control mechanism to determine if local costs are out of the range of experience of other Jurisdictions. Similarly, we have a revenue credit database that compares non-impact fee funding levels between jurisdictions. This database is another quality- control tool we use to ensure that the data used for impact fee calculations are accurate. Public Presentations - Principals of Tindale Oliver have prepared and made more than 600 presentations on fees during the last 29 years. As such, we are qualified to prepare materials for impact fee adoption hearings, respond to questions from citizens and technical committees, and develop strategies that result in the successful implementation of new and updated ordinances. We also have worked very closely with fee evaluation and review committees and have been successful in building consensus among people with different opinions on a variety of fee-related topics. 146 CITY OF SOUTH MIAMI | Impact Fee Study for Parks & Recreation Land Acquisition 4-5 www.tindaleoliver.com COMPANY ORGANIZATIONAL CHART; jlWWiPifndpal,CtiM Btently* OfflcOTif " n - n ;n ieKWj^wSS'n ■■:Sr. Project ManaitrCoimnun^ Pltm^ A l>a]|n' A-fU^tCeinp^MiyPrinc^tilPBbHeflwnetB-,.; ■Coimnunlty PtannSW & DwIeBPfcinnerlflAlexandra Ankudowid)Patridi DouihcrtyUrten Pwlnw/Pfamief lalAtMyAndenonGtrrcltHonartuttAIixUwRobert UytonPMMfcnmincalrtemlllAudwyia*...f.wtoifti.'i'aiptr^rofTnnsportatioaAecountii«essssmmKi^BtuteAoountiBt/CgatncuflMntetedllAmslAceyAceounMn«A«ih>.nttlJUndatbdilaAwrimitftMtaertilll' -.fiiiiiujembaflAccealMItlyaADAOlmtsrofAcccnfliiaty aAOASerateeil^lOonildHcehnPralrietManaterlllBryan WchwttaAwlltant Prelect Mam«f tilIneiNiteyeRorylnSemudUedMoidtorPICbrlrtophtrRaed: OayenSconTffftlrtfmia. , AnWwH-B*^ ■litenltwredHittHW<aviort.«wtemlldm.mBenjamin cuesrrftTftftnuaRa^iOHut^dnyTrantltSr.Anoetat.lllRandan FenraOSr.PrriettMerfflPatdiBeeiilliabethSchudiAidasnvaAntProlretMaT/PtannwmTaylor CoxJustin WBUtsSr.^Analyrt/PlamiwIilSarah GoolslryPlanner 121Jesstca MacfctySo&Thordln■ ttfifffiiliriaSurantwfiahheml^yidRyitatiohTMrntYuiilirit'ProcBrwnehtSewtamttllPifnctpi),MeitoponfaftT^mqiewetJoiiMatrapoStinTmopMtaUoaSeniorAeaoetot. IllJIUQuiSleySr. Prolett ManaMerlHWaDyBlainPtoleetMan.».y[j;|Jennifer BartlcttOirliKeUtrAsstProleettAittaterHJSbwilnfariti 'PfthnWrn;.J^wBarter"■. . -■ , . ..piiBlanM}IIer,AUPPrlaelpal .inmportation OepaitraehtflarimetotistmW.T. Bowman5r.PtolettMaB...^^HAnthony ChaumontSr.ProeniiiM»«fmJuan ButlerST.OWIlSeedaBtflilStntlM&badTmwpomrtteiBiiWjaAbel Eipino MartinezJohn MerinoTrtWMeiUUwiD.nmftwrtHAndrewStaatnyEatettidmlteini&ltAittendaSr.TmfflcSeMirgfleineeflllRbdotphUmhs'gaflW tllNrwriKBitSeeaalhnu'Gi^EdmlstbnGttyiififtr'T::IftrinwTltwfmithrArttstantial■a Gintiti'un^biejr/Li&Oanj^erJtrnetmv' AtianSE^ieinrSr.Asaoclete/pirccteraf,: ..-.itoadiM^.Ptiitar-...';Roadway OeAmPrtnclpel Embiear/QA/OCManaewf^JUmASotisalw'Richard Oivyer.AltPSentorAxsadxtiVeMetelnst>.eti»flllJeffrey EaxtcrllniMarhatiniMethetlnaManawrl])Susan Bodetr.fimohfciAar.bnerf.^ffl.(Htaura MotannorCOmmudcaUDn a ResearchAndrea SaUKaieotTBnyaArcharChrtninaBowan -mtrtsGtlrraldoHuman RaaourcesOhcitor of Kranan ResourcaxvWaiicyABipdor: •lindaBeMOIiverGREAT 2NSIGHTS. GREATER OUTCOMES.Revised 9-10-18 147www.tindaleoliver.com I ao -v;;; Oualificoticn STOwmcni Expert Testimony - Steve Tindale has provided expert testimony and research on impact fee- related matters in several Florida cases. Testimony has included a discussion that a development's impact fees did not constitute "adequate provision" to mitigate all traffic impacts associated with an overpass, demonstration that a developer's traffic study was flawed and incomplete, and parking testimony in an eminent domain case concerning the use of land for a parking garage. Tindale Oliver testimony in these cases was key to winning an across-the-board victory for governmental clients in each of these cases. Nationally Recognized - Nilgiin Kamp serves on the Board of Directors of the Growth and Infrastructure Consortium (GIG) (formerly National Impact Fee Roundtable). Along with Steve Tindale, she routinely makes presentations and moderate sessions at annual GIG meetings. Infrastructure Planning/Master Plans - Tindale Oliver has prepared Parks, Fire, Transportation, and Affordable Housing Master Plans and Future Park Location Analyses for local governments and understands the relationship between fees, master plans, and economic development and growth management goals. Institutional Knowledge, Insight, and Outcomes - The knowledge and insight described herein provide our clients with outcomes that are both creative and informative. In summary, Tindale Oliver specializes in the development of impact fees and other funding methods and their successful implementation, as evidenced in our previous work for many Florida jurisdictions. White & Smith, LLC White & Smith, LLC (W&S), is unique in that both Mark White and Tyson Smith have advanced planning degrees in addition to their law degrees. W&S specializes in impact fee legal requirements and ordinance preparation and has extensive experience related to Florida impact fees. The firm also provides high-quality plan implementation and urban planning strategies and tools for public and private sector cliente. The firm has consistently demonstrated the ability to work with staff, the development community, citizen groups, and governing bodies to develop strategies and alternatives and achieve consensus. This involves preparing and leading committee workshops, charrettes, public meetings, and private focus groups. Although the Gity's RFP does not include a task on legal services, W&S is available to provide such services under a separate budget, if needed. RESPONDENT'S PAST PERFORMANCE A map of our Florida Public Finance experience is included on the next page, followed by example project summaries. Successful performance on similar jobs is best demonstrated through a. sampling of projects requiring similar services and client references of individuals who can attest to our performance. We encourage you to contact any of our references. for Parks & Re.'"""'""■•"xlAcquisitiwn 4-7 ■com Impact Fee and In-Lieu Fee Study City of Hallandale Beach Tindale Oliver was retained in 2017 by the City of Hallandale Beach to prepare an impact fee for parks & recreation, multimodal transportation, fire rescue and law enforcement service areas and in-lieu fees for affordable housing and parking. This ongoing study is addressing all variables of impact fees and reviewing Broward County's regulatory land use requirements for affordable housing and the City's parking requirements and inventory in developing the in-lieu fees. Knowledge > Changing demographics with an increase in younger population and significant seasonal population. > County requirement to provide affordable housing for certain significant land use/zoning changes. > Need to develop funding for the necessary infrastructure. Insights > Limited vacant property, suggesting the need for high level of redevelopment in the future. > City's CRA and Activity Centers make up a significant component of the Land Use Plan. > Fluctuations in cost of providing housing along waterfront vs. rest of city. > High level of construction activity in southeast Florida resulting in high construction costs. Outcomes > Developed impact fees for multimodal transportation, parks & recreation, fire rescue, and law enforcement service areas. > For multimodal transportation impact fee, developed alternative scenarios measuring all travel vs. travel on city roads. > Provided parameters needed to establish parking in-lieu fee. > Conducted research on practices used by other jurisdictions in Broward County and Florida on parking and affordable housing in-lieu fees. > Provided options in adopting in-lieu fees for affordable housing mitigation to respond to County regulations and assist in increasing future affordable housing units. Total Dollar Value $199,970 Contract Duration 8/2017-12/2018 Prime/Subconsultant Prime lindale MOIiver planning | design 1 engineering Tindale Oliver was retained to develop impact fees for four services areas and in -Ueu fees for affordable housing and parking. Tindale Oliver Contact; Nilgun Kamp, AlCP Principal/Director of Public Finance 1000 N. Ashley Drive, Suite 400 Tampa, FL 33602 (813) 224-8862 NKamp@tindaleoliver.com Client Contact: Keven Klopp, Director of Development Svcs 400 S Federal Highway Hallandale Beach, FL 33009 (954)457-1375 KKIopp@cohb.org 151 CITY OF SOUTH MIAMI j Impact Fee Study for Parks & Recreation Land Acquisition 4-10 lindaie^Oliver www.tindaleoliver.com Impact Fee Update Study City of Palm Beach Gardens, Florida The City of Palm Beach Gardens is a high-growth municipality that offers large green space areas, extensive recreational facilities, a high quality of life, and a proactive business climate. To address the impacts of growth, the City implemented impact fees in parks & recreation, fire rescue, police protection and transportation and retained Tindale Oliver in 2015 to update its program. Knowledge > City population increased by annual average of 2.7% between 2000 and 2014. > City requires high-quality construction and offers amenities that add value to new development. > Impact fee program last updated in 2011, using basic approach and minimal documentation. Insights > Desire and requirement for high-quality construction and extensive green space results in higher construction costs. > Need betterdocumentation and use of more localized data to comply with State legislation and requirements. > Active business community focusing on office development and concerns over impact of impact fees on local economy. Outcomes > Prepared detailed cost, credit, and demand estimates, which were documented carefully in technical report to provide necessary transparency to calculations. > Met with business community multiple times and presented study results to Planning, Zoning & Appeals Board (PZAB) and City Council and responded to questions. > Provided data and information on impact of impact fees. > Study approved unanimously by PZAB and City Council. Total Dollar Value $64,373 Contract Duration 9/2015-12/2016 Prime/Subconsultant Prime lindale MOIiver planning 1 design j engineering Tindale Oliver updated the City's impact fee program. Tindale Oliver Contact: Niigun Kamp, AlCP Principal/Director of Public Finance 1000 North Ashley Drive, Suite 400 Tampa, PL 33602 (813) 224-8862 nkamp@tindaleoliver.com Client Contact: Niki Spencer, Operations Manager City of Palm Beach Gardens 10500 Military Trail Palm Beach Gardens, FL 33410 (561) 799-4275 nspencer@pbgfl.com 152 CITY OF SOUTH MIAMI | Impact Fee Study for Parks & Recreation Land Acquisition 4-11 Undale^Oliver www.tindaleoliver.com Impact Fee Studies City ofOviedo, Florida Oviedo has been experiencing significant growth since 1980. The City retained Tindale Oliver in 2004 to update its fire/EMS, transportation, police, and parks & recreation facilities impact fees and to develop a new government buildings impact fee. Since then, Tindale Oliver continued to work with the City and provided various impact fee support services, including a 2013 update of the 2004 Technical Study for all five program areas, development of a mobility fee, incorporation of Smart Growth application, and development of an Administrative Manual. Tindale Oliver was retained 2018 to update the City's impact fee studies. Knovi/ledge > Oviedo's population of 34,965 has experienced an annual growth rate of 2.2% since 2000. > Seminole County collects roadway impact fees in Oviedo for County roads. City wanted to collect local roadway fee to maintain level of service on City roads that would be collected in addition to County fee. > City interested in multimodal transportation fee to provide more flexibility on type of infrastructure on which transportation impact fee revenue could be expended. > City interested in providing incentives (reduced fees) to attract target land uses to certain areas within city. Insights > Questions regarding legality of City's current impact fees during initial update study performed by Tindale Oliver. > Need to separate travel demand on road network by jurisdiction to determine impact fee specific to local collector road system to provide City with defensible local roadway fee. > City had Multimodal Transportation Plan that would help provide framework for developing new multimodal fee. Outcomes > Prepared legally-sound technical study that resulted in fee decrease for some land uses in some program areas. Study successfully adopted. > Updated roadway fee and produced multimodal fee that was implemented. > City held up its incentives program based on concern of lack of local revenues to fund it. Total Dollar Value $93,190 (most recent study) Contract Duration 2/2018-2/2020 (est.) Prime/Subconsultant Prime Tindale MOIiver planninq | design j engineering Tindale Oliver was contracted by the City of Oviedo to update several impact fees. Tindale Oliver Contact: Nilgun Kamp, AlCP Principal/Director of Public Finance 1000 North Ashley Drive, Suite 400 Tampa, PL 33602 (813) 224-8862 nkamp@tindaleoliver.com Client Contact: Bryan Cobb, City Manager City of Oviedo 400 Alexandria Boulevard Oviedo, FL 32765 (407) 977 6043 bcobb@cityofoviodo.net 153 CITY OF SOUTH MIAMI | Impact Fee Study for Parks & Recreation Land Acquisition ^ TindaleSSOIiver 4-12 wvj\A/.tindaleoIiver.com Fire, Law Enforcement, and Parks impact Fee Update City of Lakeland, Florida The City of Lakeland has been experiencing high population growth over the last several years, and more development is expected in the future. Tindale Oliver was originally retained by the City in 1991 to update its transportation impact fee. In 2006,2008,2009, and 2014, the City again contracted Tindale Oliver to update several impact fee programs, including parks & recreation, fire protection, and law enforcement, as well as indexing studies. The 2014 update included converting the City's Roadway Transportation Fee to a Multimodal Transportation Fee, providing the City with more flexibility in its program expenditures. Knowledge > Lakeland has population of 98,773 with annual growth rate of 1.8% since 2000. > Lakeland has one of most progressive parks program in Florida, providing very high quality of service. > Since 1989, when City won award from Florida Chapter of American Planning Association for it outstanding impact fee program, impact fees have been used to ensure continuation of outstanding quality of service for its citizens. Insights > Higher-than-average parks and recreation impact fee resulted from city's extensive parks inventory and high quality of service. > City has one of most diverse revenue programs, including revenues from ownership of its electric utility and other unique sources. > City has significant downtown development program and has developed exemptions of fees in this area. Outcomes > Originally provided City with various adoption scenarios, including combinations of both phasing and indexing of impact fee schedules. > Originally guided City in development of master plans for fire protection and law enforcement program areas. > Converted roadway fee to multimodal fee, which was successfully adopted. > Originally developed administrative manual for City's impact fee program and continue to assist City in updating its policies and procedures. Total Dollar Value > Transportation Impact Fee Update - $57,892 (most recent update) > Parks & Recreation, Fire Assessment, Law Enforcement Impact Fee Updates - $80,000 (most recent updotes) Contract Duration > Transportation Impact Fee Update - 9/2013-6/2015 (most recent update) > Parks & Recreation, Fire Assessment, Law Enforcement Impact Fee Updates - 9/20137/21/2015 (most recent updates) Prime/Subconsultant Prime lindale Oliver planning | design 1 engineering A higher-than-average parks and recreation impact resulted from the City's extensive inventory. CITY OF SOUTH MIAMI | Impact Fee Study for Parks & Recreation Land Acquisition Tindale Oliver Contact: Steven A. Tindale, P.E., FAICP President 1000 North Ashley Drive, Suite 400 Tampa, FL33602 (813) 224-8862 stindale@tindaieoliver.com Client Contact: Celeste Deardorff, Long Range Planning Mgr. City of Lakeland 228 S. Massachusetts Avenue Lakeland, FL 33801 (863) 834-8432 celeste.deardorff@lakelandgov.com 4-13 154 www.tindaleoliver.com Impact Fee Studies Collier County, Florida Collier County has had significant population growth for many decades during which land values and construction costs increased rapidly. Tindale Oliver has been contracted by Collier County repeatedly since 1992 to develop or update impact fees in nine program areas and currently is updating several of the County's impact fees, including its parks & recreation facilities impact fee. Knowledge > Past impact fee studies for transportation, fire rescue, EMS, schools, library, government buildings, correctional facilities, parks, and law enforcement program areas have allowed Tindale Oliver to become very knowledgeable about overall assets and demographic changes within Collier County for almost three decades. > Localized indexing methods developed by Tindale Oliver used for several years to reflect annual changes in costs in Collier County. > Administrative manual preparation and updating used to assist County staff in management of comprehensive impact fee program. > Since 2000, Collier County has averaged annual population growth of 2.2% and is projected to grow at approximately 1.4% annually through 2040. Insights > High growth rates have required additional infrastructure. > Significant increase in land values and construction costs were normal for the County during periods of high growth. > Concerns about high impact fees from development community needed to be continuously addressed during fee update process. > Collier County has one of the highest income-per-person metrics and the most productive tax base in Florida. Outcomes > Prepared studies that reflect accurate cost estimates and presented findings with a high level of "transparency" to successfully gain public support. > Introduced annual indexing in 2003 that would allow County to keep up with localized cost increases between updates. > Collier County has raised and used almost $1 billion in impact fees to build high-quality infrastructure, developing a community in which growth pays for growth and creates a quality community experience. Total Dollar Value $363,781 (most recent updates) Contract Duration 3/2018-9/2019 (est.) (most recent updates) Prime/Subconsultant Prime lindale MOIiver planning i design | engineering Since 1992, Tindale Oliver developed or updated impact fees for Collier County in nine program areas. Tindale Oliver Contact: Nilgun Kamp, AlCP Principal/Director of Public Finance 1000 North Ashley Drive, Suite 400 Tampa, FL33602 (813) 224-8862 nkamp@tindaleoliver.com Client Contact: Amy Patterson, Director Capital Project Planning, Impact Fees, and Program Management Collier County 2800 North Horseshoe Drive Naples, FL 33942 (239) 403-2369 amypatterson@colliergov.net 155 CITY OF SOUTH MIAMI ) Impact Fee Study for Parks & Recreation Land Acquisition 4-14 wVkTVJ.tindaleoliver.com t V ,,*7 Photo courtesy of www.$outhmiamifl,gov/457/City-Park$ South ' Miami Tabs Fulfillment of All Solicitation Documents In accordance with RFP #PL2018-20, the following forms are included in this section: Proposal Submittal Checklist Form Supplemental Checklist for Respondents - Exhibit 2 Indemnification and Insurance Documents - Exhibits Respondents Bid Form - Exhibit 4 Professional Services Contract - Exhibit 5 Respondent Qualification Statement List of Proposed Sub-Contractors and Principal Suppliers Non Collusion Affidavit Public Entity Crimes and Conflicts of Interest Drug Fee Workplace Acknowledgement of Conformance with OSHA Standards Affidavit Concerning Federal and State Vendor Listings Related Party Transaction Verification Form Presentation Team Declaration /Affidavit of Representation 157 CITY OF SOUTH MIAMI j Impact Fee Study for Parks & Recreation Land Acquisition 5-1 www.tindalGoliver.coin Proposal Submittal Checklist Form IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL20l8-20 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and. if so, they will be identified in an addendum to this Solicitation. The response shall include the following items: Attachments and Other Documents described below to be Completed IF MARKED WITH AN "X": Proposal Package shall consist of one (I) original unbound proposal, three (3) additional copies and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy ^ Supplemental Instructions for Respondents, EXHIBIT 2 ^ Indemnification and Insurance Documents, EXHIBIT 3 ^ Respondents Bid Form. EXHIBIT 4 ^ Professional Services Contract, EXHIBIT 5 ^ Respondents Qualification Statement ^ List of Proposed Subcontractors and Principal Suppliers ^ Non-Collusion Affidavit ^ Public Entity Crimes and Conflicts of Interest ^ Drug Free Workplace ^ Acknowledgement of Conformance with OSHA Standards ^ Affidavit Concerning Federal & State Vendor Listings ^ Related Party Transaction Verification Form ^ Presentation Team Declaration/Affidavit of Representation Check Completed. X X X X X X X X X X X Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 158 Page 13 of 56 EXHIBIT 2 SUBMITTAL INSTRUCTIONS FOR RESPONDENTS IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITON RFP#PL20l8-20 Firms shall prepare their submittals using the following format and should include, but not be limited, to the following: 1. Letter of Transmittal a.) This letter will summarize in a brief and concise manner, the respondent's understanding of Exhibit I, Project Background <S Scope of Services, Attachment A and make a positive commitment to timely perform the work. b.) The letter must name all of the persons authorized to make representations for the respondent including the titles, addresses, and telephone numbers of such persons. An authorized agent of the respondent must sign the Letter of Transmittal indicating the agent's title or authority. The letters should not exceed two pages in length. 2. Statement acknowledging receipt of each addendum issued by the City. 3. Qualifications and experience of the firm(s)/individual(s) who will provide the services. 4. The submission should include: A. Proposal Package and Labeling/Marking Requirements: All submissions shall consist of one (I) unbound original and three (3) copies, S'ring binders are not permitted. One (I) digital or comparable medium including Flash Drive, DVD or CD copy is ALSO required. Submission packages shall be tabbed according to a Table of Contents. The original and all copies shall be clearly marked accordingly as "original" or "copy." The digital copy and the three (3) copies must be exact duplicates of the original submission. FAILURE TO PROVIDE EXACT COPIES SHALL RESULT IN SUBMITTAL BEING DESIGNATED NON-RESPONSIVE. B. Title Page Show the name of Respondent's agency/firm, address, telephone number, and name of contact person, email address, date, and the subject: "Impact Fee Study for Parks <£ Recreation Land Acquisition," RFP #PL20l8-20. C. Table of Contents Include a clear identification of the material by section and/or by page number. Page 40 of 56 159 D. Qualification Statement The Qualification Statement shall be written in sufficient detail to permit the City to conduct a meaningful evaluation of the proposed services. The Qualification Statement should be delivered in two parts. The first part is the technical submittal that shall consist of subsections (I) through (5), listed below, where subsections (I) through (3) shall be no more than IS pages single-sided. Where (I) through (3) contain no more than the IS page limit, the evaluation committee shall be instructed to disregard all pages in excess of the limitation. The second part is all standard forms and affidavits; refer to "Proposal Submittal Checklist Form," in the RFP and #5 below, and fully executed by an authorized officer of the Respondent. The technical submittal should be divided into subsections as described below. 1. Executive Summary: a. Provide a brief summary describing the Respondent's approach to the work called for by the RFP and ability to perform the work requested; the Respondent's background and experience in providing similar services. This summary should be brief and concise to advise the reader of the basic services offered, experience and Proposal of the Respondent staff and any other relevant information. A Project/Client Manager should be provided and assigned to manage all aspects of this work. 2. Respondent's Experience: a. Describe the Respondent's organization; history and background; principals, officers, owners, board of directors and/or trustees; the primary markets served; the total current number of employees; the current number of professional employees by classification; and state the number of years that the Respondent has been in business. 3. Respondent's Past Performance: a. Provide a detailed description of comparable contracts (similar in scope of services to those requested herein) which the Respondent has either ongoing or completed within the past five (5) years. The description should identify for each project (I) the client, (2) description of work, (3) total dollar value of the contract, (4) contract duration, (5) customer contact person and phone number of reference, (6) statement or notation of whether Respondent is/was the prime Consultant or subcontractor or sub-consultant, and (7) the results of the project. 4. Organization Chart: a. Provide an organization chart showing all key individuals (including the Project/Client Manager) assigned to their area of responsibility, Page 41 of 56 including their company, title, years of experience and years employed in current title at present or former firms. This chart must clearly identify the Respondent's employees and those of the sub-consultants. Provide professional licenses on pertinent key personnel (including sub- consultants) to be assigned for the services of this RFP. 5. Fulfillment of All Solicitation Documents: a. Respondents shall submit all forms and documents listed in the "Proposal Checklist Submittal Form." Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Note: Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records, and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential shall include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non-confidential and confidential information, the Respondent shall provide a redacted copy of the document and an unredacted copy. In addition, the Respondent shall prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent shall cite the statutory provision that provides the basis for the Respondent's claim that the document or a portion of the document is confidential and below the citation the Respondent shall copy and paste the applicable statutory provision (this listing requirement shall hereinafter be referred to as "properly list" or "properly listed" confidential document). The failure to properly list a confidential document or the hilure to redact a confidential document that is only partially confidential shall result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document. The City shall not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent shall indemnify the City for any damages and costs the City may incur due to the Respondent's claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give Page 42 of 56 the Respondent an opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. END OF SECTION 162 Page 43 of 56 EXHIBIT 3 IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL20l8-20 Insurance & Indemnification Requirements Insurance A. 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 indirecdy employed by any of them or by anyone for whose acts any of them may be liable. B. 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 presendy 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 $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage Page 44 of 56 163 (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($ 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 set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: A. 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. B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. Miscellaneous: A. 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 B. 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. C. 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 D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT 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 I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (I) 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 ^ 0^ South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property Page 45 of 56 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"; (2) 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." E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $ 1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives. Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. 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 (I). Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this 05 Page 46 of 56 subparagraph shall set forth the sole responsibilit/ 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 END OF SECTION 166 Page 47 of 56 <D EXHIBIT 4 IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL20l8-20 RESPOINDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 1. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachment A & B) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the ' information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. 1 Dated: 8/28/2018 b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all of the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent shall furnish all labor, materials, equipment, tools, superintendence and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires Page 48 of 56 CO CD the completion of a Respondents Cost and Technical Proposal as may be set forth in in an exhibit to this Solicitation, such proposal must be attached to the Respondents Bid Form, if any, and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: LUMP SUM BASE PRICE: $58.650 dollars and 0 ^cents Alternates: #1 N/A #2 N/A A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information shall render the proposal non-responsive. 5. The ENTIRE WORK shall be completed, in fiill, within N/A days from the commencement date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liquidated damages as may be set forth in the Contract 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Tindale-OHver & Associates, Inc., dba Tindale Oliver Address: 1000 N. Ashley Drive, Suite 400, Tampa, PL 33602 Telephone: (813) 224-8862 Facsimile: (813) 226-2106 Contact Person Nilgun Kamp. AICP. Principal/Director of Public Finance 7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. 9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the form of contract contained In the Solicitation package and I agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and which have been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalty of perjury Aat I am the lawful representative of the business entity referenced In this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct to the best of my knowledge, information and belief. SUBMITTED THIS 14th DAY OF September 20 18 . PROPOSAL SUBMITTED BY: , , Tindale-OIiver 8c Associates, Inc., dba Tindale Oliver (813) 224-8862 Company Telephone Number Steven A. Tindale, P.E., FAICP (813) 226-2106 Namy:^[^rson Aut^cfaMd^o Submit^oposal Fax Number STindale@tindaleoliver.com Signature Email Address President/Chief Executive Officer Title END OF SECTION Page 49 of 56 EXHIBflT B PirofessooB^all Servoces Cos^tiractt IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUBSITION RFP#PL20l8-20 THIS CONTRACT, entered into thisc^^ day of 20 / s . by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY** where applicable; located at 6130 Sunset Drive, South Miami, FL , E-mail: salexander@southmiamifl.gQv and TISCHLERBISE. IMC with an office and principal place of business located at 407 Sangamog-c Road . S240. Bethesda. MD 20816. and E-mail address of carson@tischierbise.com and Facsimile transmission number of (hereinafter called the "CONTRACTOR"). WflTMESSETH: WHEREAS, the CITY is in need of an DMPACT FEE STUDY FOR PARBCS & RECREATBOM LAND ACQUISITION; and WHEREAS, the CITY desires to retain CONTRACTOR to provide the required goods and/or services based on CONTRACTOR'S representations which reflect that CONTRACTOR is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY'S goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required goods and/or 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 off Contractor: Based on the representations of CONTRACTOR as set out in the following "checked" documents the CITY hereby retains CONTRACTOR to provide the goods and/or services set forth in said proposal, quote or response to solicitation, whichever is applicable, as modified by the Contract Documents, or as is otherwise set forth in the Contract Documents defined below (all of >vhich is hereinafter referred to as the Work"). (Check the box immediately preceding the document described below to indicate that such document is part of this Contract) [V] Contractor's response to the CITY's written solicitation; or See Attachments I & 2 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] Scope off Services, See Attachment 3 CV] CSTYs insurance & Indemnification Requirements, See Attachment 4 This Contract and the General Conditions to Contract, Supplementary Conditions, the Solicitation, Scope of Services and "Other Documents", if any are "checked documents", shall take precedent over the Page 50 of 56 response to the aiTs Bid Documents, if any, or the proposal or the quote, if any. The "checked documents are attached hereto and made a part hereof by reference. ^ Date of Comnnencement: CONTRACTOR shall commence the perfonrance of theWork under this Contract on the date as set forth in the tent foHowing a checked box, £ ] pn.l^ or a tVj (fate to be specified in a Notice to Ptoceed, or Purchase Order, (heremafter rdietTed to as the "Work Commencement Date"), or as set forth in die CONTRACTOR'S proposal or quote and shaO complete the performance hereunder within J 20 CaJendaur Daus from the Motice to or the length of time set forth in the Contract Docimients, whichever is the diorter period of time. In any event, the torn shall not etceed five yeu^ Time is of the essence. 4) Primary Contacts: The Primary Contact Po-son in charge of administering this Contract on behalf of the CITY b the City Manago' {"Manager"), assistant Manager, or the Mana^'s dedgnee, who shall be designated in a writing signed by the Manager. The Primary Contact Person for CONfTRACTOR and his/her cmt^tJnformation Is as follows: IMann^ ~" - ; — StiSat AdftraMi 5) Scope of Services: The goods and/or services to be provided are as set forth in the "checked documents". 6) Compensatioh: The CONTRACTOR'S compensation for CONTRACTOR'S performance under the terms and provisions of this Contract, or CONTRACTOR'S payments in the event CONTRACTOR is paying the City for the uses of the CITY'S property or services, (hereinafter referred to as the Contract Price) shaD be as indicated next to one of the following diecked boxes, [V^jas set forth in CONTRACTOR'S response to the CipTs written soKchatfon, If any, or, if none, then as set out in COfslTRACTOR's pn^sal or qixne^ the Scope of Sennces, or as set forth in, or modified by, one of tlie Contract Documents, vrhichevo* Is appBcable 7) Hours of WorEc In tfte event that this Contraa requires die performance of sendees, it is presumed that die cost of performing the Work after regular working hours, and cm Sumfay and 1^ holidays, is Included in the Contract Price. However, nothing contained herein shall audunize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Manager's assistant or designee. 8) Time Provisions: The term of this Contract shall commence on tfie Work Commencement Date and shall continue for One Year, or until It expires on or unless earlier terminated acmrding to the Contract Documents. Notwithstanding the foregoing, this Contract may be extended by an additional period If the ext^uaon is in writing and signed by the City Manage*. An extension of the term of the Contract Is at die CITY'S sole and absolute discretion. In any event, and nocwithstamfing any other provision to the contrary in tills Agreement, or any attachments thereto, this Agreement shall not exceed a total term of Five (S) Consecutive Years, including any extensions theimo. 9) Termination: This Contract may be terminated without cause by the CITY with 30 days of advar^ed written notice. This provision supersedes and takes precedence over any contrary provisions for termination contained in the Ccxitract Documents. 0 0) Applicable Law and Venue: Horida law shall apply to the Interpretation and enforcement of this ContracL Venue for all proceeding shaO be in Miami-Dade County, Florida. Page 51 of 56 11)Duties and Responsibilities; CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, relations, and health and safety standards of any governmental body having iurisdiction over any matter related to this Contract or the goods and/or services to be poformed 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 Nismed 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 herefai. 12) Change Ordeirs: No additional Work or extras shall be done unless the same is duly authorized in writti^ and in advance of the work by appropriate action by the Gty Manager and in acajrdaitce widi the Contract Documents. 13)ycenses and Ceirtiftcations: Contractor shall secure all ne^sary business and professional licenses at its sote expense prior to executing this Contract or commencing the Work. 14)lnsurancei Indemnification & Bonding: CONTRACTOR diall comply with the insurance, indemnification and bonding requirements iex. forth in the Contract Documents. 15) yquidated Damages: In the event that CONTRACTOR shall fail to complete the Work within the time limit sec forth in the Contract Documents, or the extended time Itnait agreed upon, in accordance with the prxscedure as more particularly sec forth in the Contract Documoits, liquidated damages shall be paid at the rate of M/A until the Work is compleced. 16)jury Tiriail Waiveat The parties waive their ri^t to jury trial. i 7) 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 modHied or amended except in writir^ signed by both parties hereto and if this Contract is requaned to be approved by the Ciqr Commission, all amendments thereto must be approved in the same manner and with the same formaliqr as this ContracL The Contract Documents, in ^neral, aixf thte paragraph, in particular, dial! 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 aa or omissioa 18) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.l 19.0701) whHe providing goods and/or services on behalf of the CITY and the CONTRACTOR, tmder such conditions, shall incorporate this paragraph In all of its subcontracts for this Prefect and shall: (a) Keep and maintain public records required by tfie 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 tliat does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure tfiat public records that are exempt or confidential and exempt from public records disclosure requirements are not diseased except as authorized 1^ law for the duration of the Contract term and following completion of the Contract if CONTRACTOR 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 possestion of CONTRACTOR or keep and maintain public records required by the pubBc agency to perform the service. If CONTRACTOR transfers all public records to the public agency upon Page 52 of S6 comptetion of the Contract, CONTRACTOR shall destro/ any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract. CONTRACTOR shall meet all applkabie requirements for r«ainli^ 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 technobgy systems of the public agency. OF COm'RACTOR HAS QUESTOONS REGARDING THE APPLICATBON OF CHAPTER 119. FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLOC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLOC RECORDS AT 305-663-6340; E-mail: mmenendez^southmiamifl.gov; 6130 Sunset BUirive, South Miami, FL .33143. 19) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Ra. StaL. involving the Qty or Its Agency in such related acdviqr or who may have access to secure or soidtive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requrements as per. Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and aB of its personnel, including volunteers, firom engaging in any such rebted acthnties without having passed a background screening to tfte sati^ction of the City. A viobtion of thb requirement shall constituce a substantial breach of this Contract 20)Drug Free Workplatce. CONTRACTOR sfiall comply with the Drug Free Woriqdace poficy sec forth in the City of South Mbmi's Personnel Pbnual which is made a part of this Contract by reference. 21)Tiransfer and Assignment. None of dte work or services under dib Contract shaB be subcontracted or assigned without prior written consent fimn the CITY which may be denied without cause. 22) Non-Appropriation of Funds. In the event that no funds or Insuffici^t funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for paymoits due under this contract, dien the Qty. upon writer notice to CONTRACTOR or its assignee of such occurrence, sliall have the unqua^ed right to terminate die contract vritfiout any penal^ or expense. No giarantee, warranty or representation is made tftat any pardcubr project(s) wiO be awarded to any CONTRACTOR. 23) Most Favored Public Entity. CONTRACTOR represents that the prices diarged to Ciqr in the proposal do not exceed existing prices to other customers for the same or sid»tantbtly simfiar items or services for comparable quantities undo^ stmibr terms, condidons, wages, fiendits. insurance coverage and any other material cost bctors. If CONTRACTOR'S prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same giods or services with the same comparable quantities under simibr terms, conditions, wages, benefits, insurance coverage and any other materbl cost bctors, CONTRACTOR shall Immedbtely extend the same prices to Qty. 24) Notices. All notices gven or required under this Contract shall be deemed sufficient if sent by a method that provides written evidence of delivery, including e-mail and bcsimile transmission and delivered to COIMTRACTOR or his designated contact person. Return of mail, sent to the address Ibge53 of 56 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. 25) Indemnification. In the event that any of the contract documents provide for indemnificacion, nothing contained therein shall imply that the City has waived its sovereign immunity as provided by Florida Statute. Section 786.28 and anything to the contrary contained therein shall be null and void and of no force or effect. BN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with fiill knowledge of its content and significance and intending to be legdiy bound by the terms hereof. Wita By: ATTESTED: CONTB^ACTOR: By: [name of signatory] cipteeSayTH MIAMI Bv: St@v^ ^exanda* City Manager Read and Approved as to Form. Language, Legality and Execution Thereof. City Attorney END OF SECTION Page 54 of 56 RESPONDENT QUALIFICATION STATEMENT IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP#PL20l8-20 The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. Number of similar projects completed,I. a) b) In the past 5 years In the past 5 years On Schedule In the past 10 years In the past 10 years On Schedule List the last five (5) completed similar projects, a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): 102 102 142 142 City of Hallandale Beach Impact Fee Study Kevin Klopp, Director of Deyelopment Services 400 S. Federal Highway. Hallandale Beach, FL 33009 (954) 457-1375 365 (est.) Original Contract Completion Date:8/11/2018 Actual Final Contract Completion Date: 8/11/2018 Original Contract Price: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: $199,970 3199,970 Town of Wake Forest Parks Impact Fee Study Town of Wake Forest, Ruben Wall, Director 301 S. Brooks Street, Wake Forest, NC 27587 (919)435-9560 Original Contract Completion Time (Days): 365 (est.) Original Contract Completion Date:3/17/2018 Actual Final Contract Completion Date: 3/17/2018 Original Contract Price: Actual Final Contract Price 334,460 334,460 174 Page 14 of 56 c) Project Name: Orange County Parks and Recreation Impact Fee Update Study Owner Name: Orange County, Chris Testerman, Director of Government Relations Owner Address: 201 S Rosalind Ave # 2, Orlando, PL 32801 Owner Telephone: (407) 836-5883 Original Contract Completion Time (Days): 300 (est.) Original Contract Completion Date: 9/30/2017 Actual Final Contract Completion Date: 9/30/2017 Original Contract Price: S55,395 Actual Final Contract Price: $55,395 d) Project Name: City of Palm Beach Gardens Impact Fee Update Study Owner Name: City of Palm Beach Gardens, Niki Spencer, Operations Mgr. Owner Address: 10500 Military Trail, Palm Beach Gardens, FL 33410 Owner Telephone: (561) 799-4275 Original Contract Completion Time (Days): 455 (est.) Original Contract Completion Date: 12/05/2016 Actual Final Contract Completion Date: 12/05/2016 Original Contract Price: $64,373 Actual Final Contract Price: $64,373 Project Name: Village of Royal Palm Beach Village of Royal Palm Beach, Raymond Liggins, P.E., Village Owner Name: Manager Owner Address: Royal Palm Beach Blvd., Royal Palm Beach, FL 33411 Owner Telephone: (561) 790-5103 Original Contract Completion Time (Days): 347 (est.) Original Contract Completion Date: 6/13/2016 Actual Final Contract Completion Date: 5/01/2017 Original Contract Price: $32,479 Actual Final Contract Price: $32,479 175 Page 15 of 56 3. Current workload Project Name Owner Name Telephone Number Contract Price Collier County Parks 8c Recreation Impact Fee Update Study Collier County, FL (239) 252-8990 $72,320 Collier County Jail Impact Fee Update Study Collier County, FL (239) 252-8990 $61,214 Collier County Road Impact Fee Update Study Collier County, FL (239) 252-8990 $150,778 Bozeman Impact Fee Study City of Bozeman, MT (406)582-2260 $143,355 Clay County Roadway Impact Fee Calculation Clay County, FL (904) 278-4705 $122,375 Student Generation Rate and Impact Fee Study Broward County Public Schools, FL (754)321-2162 $117,475 Orange County Transportation Impact Fee Orange County, FL (407)836-5784 $99,844 Hallandale Beach Impact Fee Studies and In-Lieu Fee Study City of Hallandale Beach, FL (954)457-1333 $199,970 *Note: Additional projects for our current workload are included on the table attached to this page. 4. The following information shall be attached to the proposal. a) RESPONDFNT's home offirp organization chart Tindale-Oliver's Company Organizational Chart is included in Tab 4 of our proposal. b) RESPONDENT'S proposed project organizational chart. Tindale Oliver s proposed project organizational chart is included in Tab 3 of our proposal. c) Resumes of proposed key project personnel, including on-site Superintendent. Resumes of proposed key project personnel are included in Tab j of our proposal. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, N/A b) Any arbitration or civil or criminal proceedings, or N/A Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years N/A Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Collier County Address: Telephone No.: Contact Person: Type of Project: 2800 North Horseshoe Dr., Naples, FL 33942 (239) 403-2369 Amy Patterson, Director, Capital Project Planning, Impact Fees, and Program Management Multiple Impact Fee Studies (includes parks 8c recreation) Page 16 of 56 Tindale Oliver Current Workload Table (Continued) Project Name Owner Name Telephone Number Contract Price City of Oviedo Impact Fee Update Study City of Oviedo, FL (407) 977-6051 $93,190 Mount Dora Impact Fee Study City of Mount Dora, FL (407) 628-2600 $76,063 Lake County Schools Debt Service Calculations Lake County School Board, FL (352) 253-6570 $3,165 Collier County RLSA Fiscal Impact Workshop Collier County, FL (239) 659-5721 $5,328 City of Tamarac Impact Fee Study City of Tamarac, FL (954) 597-3567 $84,400 Collier-Wilson Benfield Improvements Funding Collier County, FL (239) 659-5721 $6,880 City of Bartow Assessment Roll Update City of Bartow, FL (863) 534-0100 $7,335 Volusia County School Impact Fee Update Study Volusia County Schools, FL (386) 734-7190 $78,080 City of Sarasota Multimodal IF Discounts City of Sarasota, FL (941) 954-4180 $14,706 Orange County School Impact Fee Update Orange County Public Schools, FL (407) 317-3200 $88,823 Impact Fee Funding for Transportation Capacity Collier County, FL (239) 659-5721 $16,993 City of Ocala Fire Fee Assessment City of Ocala, FL (352) 629-8298 $59,573 Tampa Multimodal Mobility Transportation Impact Fee Update Phase 2 City of Tampa, FL (813) 274-8438 $59,506 Hillsborough County Mobility Fee Indexing Study Hillsborough County, FL (813) 307-1881 $20,724 Collier County School Impact Fee Update Study Collier County, FL (239) 659-5721 $79,469 City of Oviedo Impact Fee Update Study City of Oviedo, FL (407) 977-6051 $93,190 Hernando Schools Long Range Plan School Board of Hernando County, FL (352) 797-7060 $82,663 Hernando County Public Schools Comp Plan Language Review School Board of Hernando County, FL (352) 797-7060 $25,000 Collier County Funding Diversity Collier County, FL (239) 659-5721 $19,856 Lake County Schools - Alternative Study Review Lake County School Board, FL (352) 253-6570 $20,000 Seminole County School Impact Fee Update School Board Of Seminole County (407)320-0126 $64,003 177 Tindale Oliver Government References (Continued) Name of Agency: Address: Telephone No.: Contact Person: Type of Project; Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project Name of Agency: Address: Telephone No.: Contact Person: Type of Project Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project Name of Agency: Address: Telephone No.: Contact Person: Type of Project Name of Agency: Address: Telephone No.: Contact Person: Type of Project Palm Beach County 2300 N. Jog Road, West Palm Beach, PL 33411-2741 (561) 233-5025 Willie M. Swoope, Impact Fee Manager Multiple Impact Fee Studies (includes parks) City of Oviedo 400 Alexandria Blvd., Oviedo, FL 32765 (407) 977-6043 Bryan Cobb, City Manager Multiple Impact Fee Studies (includes parks Sc recreation) Broward County Public Schools 600 SE Third Avenue, Fort Lauderdale, FL 33301 (754)321-2162 Chris Akagbosu, Director, Facility Planning 8c Real Estate Student Generation Rate & Impact Fee Study City of Tamarac 7525 NW 88th Avenue, Tamarac, FL 33321 (954)597-3567 Maxine Galloway Multiple Impact Fee Studies (includes parks & recreation) City of Palm Beach Gardens 10500 Military Trail, Palm Beach Gardens, FL 33410 (561) 799-4275 Niki Spencer. Operations Manager Multiple Impact Fee Studies (includes parks 8c recreation) Village of Royal Palm Beach 1050 Royal Palm Beach Blvd.,Royal Palm Beach. FL 33411 (561) 790-5103 Raymond Liggins, P.E.. Village Manager Multiple Impact Fee Studies (includes parks) Citv of Hallandale Beach 400 South Federal Highway. Hallandale Beach. FL 33009 (954) 457-1375 Kevin Klopp, Director of Development Services Multiple Impact Fee Studies (includes parks & recreation); In-Lieu Fees for Affordable Housing & Parking Town of Wake Forest Finance Department 301 S Brooks Street, Wake Forest, NC 27587 (919) 435-9560 Ruben Wall, Director Parks & Recreation Facilities Impact Fee Study Page 17 of 56 178 Gi LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION RFP #PL20l8-20 Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract Classiftcation of Work Subcontractor Name Address Telephone, Fax & 1 Email | (If Needed)White & Smith, LLC 255 King Street Charleston, SC 29401 (843) 937-0201 tsmith@planningandlaw.com This list shall be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION Page 18 of 56 o 00 NON COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI-DADE Steven A. Tindale, P.E., FAICP (I) He/She/They is/are the President/Chief Executive Officer being first duly sworn, deposes and states that: (Owner, Partner, Officer, Representative or Agent) of Tindale-Oliver & Associates, Inc., dba Tindale Oliver attached Proposal; the Respondent that has submitted the (2) (3) (4) (5) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant Signed, sealed and delivered in the presence of b By: itness Signatur >teven K. Tindale, P.E., FAICP Print Name and Title September 12.2014 Date ACKNOWLEDGEMENT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) On this the 12th day of September , 20 18 before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) Steven A. Tindale, P.E., FAICP and whose name(s) is/are Subscribed to the within instrument, and hdshdthey acknowledge that he/she/they executed it. Page 19 of 56 WITNESS my hand and official seal NOTARY PUBLIC: SEAL OF OFFICE: t4oy>'Jw<j'w L X»»' * n n w./' nooA>- • • )^2A27> 4.2019, ur^itCO-COfP • •; • • 'A 30DA;^:ri . •{ t FF24274li . ..une 22.2Dlih:? ySoTVlCO.CMP""' Notary Public, State of Florida Susan M. Boda (Name of Notary Public Print Stamp or type as commissioned) _X Personally known to me, or Personal identification: Type of Identification Produced X Did take an oath, or Did Not take an oath. Page 20 of 56 CSJ 00 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods of services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier. Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The av/ard of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to City of South Miami [print name of the public entity] by Steven A. Tindale, P.E., FAICP [print individual's name and title] for Tindale-Oliver & Associates, Inc.. dba Tindale Oliver [print name of entity submitting sworn statement] whose business address is 1000 N. Ashley Drive, Suite 400 Tampa, FL 33602 and (if applicable) its Federal Employer Identification Number (FEIN) is 59-2929811 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement •) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (l)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any [jerson, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls Page 21 of 56 CO 00 another person. A person who knowingly enters Into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives. partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I. 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives. partners, shareholders, employees, members, or agents who are active in the management of the enti^, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active In the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearing and the Final Order entered by the Hearing Officer determined that it was not in the public Interest to place the entity submitting this sworn statement on the convicted vendor list [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTQ^k CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATIfTES. FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINE^NHHI^^FORM Sworn to and subscribed before me X [Signature] ember FloridaNotary Public - State Personally knovm OR Produced identification (Type of Identification) Form PUR 7068 (Rev.06/11/92) My commission expires 6/22/2019 (Printed, typed or stamped commissioned name of notary public) .—-^^ypiRPs jui't u ' I J9Wn - ftortfl.n' Page 22 of 56 00 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall; 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or no/o contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the s^ment, I certify that ^is firm complies fully with the above requirements. RESPONDENTS Signature:. Print Name: Steven A. Tindale. P.E., FAICP Date: September 12,2018 Page 23 of 56 LD 00 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI Tindale-Oliver & Associates, Inc., We, dba Tindale Oliver , (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTOR for the IMPACT FEE STUDY FOR PARKS & RECREATION LAND ACQUISITION project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consultant, if any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub-contractor's names): N/A to comply with such act or regulation. CONTRACTOR Tindale-Oliver 8c Associates, Inc., dba Tindale Oliver itness Name Steven A- Tindale, P.E., FAJCP President/Chief Executive Officer Title Page 24 of 56 <D 00 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED. SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name Does appear on one or all the "Listings" summarized below. Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted susp ended discriminatory complaints vendor lists DECLARATION UNDER PENALTY OF PERJURY I, Steven A. Tindale. P.E.. FAICP (hereinafter referred to as the "Declarant") state, under penalty of perjury, that the following statements are true and correct (1) I represent the Respondent whose name is Tindale-Oliver & Associates. Inc.. dba Tindale Oliver (2) I have the following relationship with the Respondent President/CEO (Owner (if Respondent is a sole proprietor). President (if Respondent is a corporation) Partner (if Respondent is a partnership). General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_di scriminatory_complaints_vendor_lists (4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List FURTHER DECLARANT SAYETH NOT. Steven A. Tindale, P.E., FAICP (Signature of Declai^ ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-Di On this the I2th day , befo^ me, theSeptember appeared Steven A. Tindale. PJB;. FAICP following identification ^ foregoing Affidavit as the Declarant WITNESS my h^nd and official seal. NOTARY PUB SEAL (Prli^ame of Declarant) un wh^^ersonally know t and who took aV-oathror affirmed thattna Notary Public, State of/lor! Susan M. Boda A >s Mvri (40y)8flfr0163 . .y. I MY COMMiSiStON # FP;M274i EXPlf^June aOISf p. gg 25 of 56 (Name of Notary Public: Print, Stamp or type as commissioned.) h- 00 RELATED PARTY TRANSACTION VERIFICATION FORM I Steven A. Tindale, P.E., FAICP individuali/ and on behalf of Tindale-Oliver & Associates, Inc., dba Tlndale Oliver ("Firm") have Name of Representative Company/Vendor/Entity read the City of South Miami ("City")'s Code of Ethics, Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither 1 nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent Investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) vnth the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: N/A _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath), [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: N/A (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, direaly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: N/A (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required to make an Independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as Page 26 of 56 00 CO T— follows: N/A (if necessary, use a separate sheet to supply additional Information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\l2.28.l2 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: N/A (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additionsil sheet and the additional sheet must be signed under oath), [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial Interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: N/A (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath), [vy^ile the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove artf true and correct to thp-best of my knowledge, information and belief. Signature: Print Name & Title: Steven A. Tindale, P.E.. FAICP Date: September 12,2018 Page 27 of 56 O) 00 PRESENTATION TEAM DECLARATICN/AFFIDVAIT OF REPRESENTATION This affidavit is not required for co however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's proposal Is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Steven A. Tindale, Pursuant to '92.525(2), Florida Statutes, the undersigned, P.E.. FAICP , makes the following declaration under penalty of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she Is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE Steven A. Tindale, P.E.. FAICP (Tindale Oliver) President/Chief Executive Officer Nilgun Kamp. AICP (Tindale Oliver) Principal/Director of Public Finance Robert Layton (Tindale Oliver) Assistant Project Manager/Planner For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, i declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this 12th day of September , 20 18 Signature of Representative Steven A. Tindale. P.E.. FAICP. President/CEO Tindale-OIiver & Associates. Inc., dba Tindale Oliver Print Name and Title Print name of entity being represented Page 32 of 56 www.ti n d a leo li ve r.co m 0 ! , 'v t,' r. k Member Name Bid Number Bid Name 2 Oocument(s) found for this bid City of South Miami RFP-RFP #PL2018-20-0- IMPACT FEE STUDY FOR PARKS & RECREATION LAND 6 Planholder(s) found. 623 NOTIFIED Supplier Name Address 1 City State Zip Rhone BBC Research & Consulting 1999 Broadway, Ste. 2200 Denver CO 80202 3033212547 Calvin, Giordano & Associates, Inc.1800 Eller Drive, Suite 600 Fort FL 33316 9549217781 Construction Journal, Ltd.400 SW 7th Street Stuart FL 34994 8007855165 6500 North Andrews Fort 33309- Keith & Schnars Avenue Lauderdale FL 2132 9547761616 MGT of America Consulting, LLC 516 North Adams Street Tallahassee FL 32301 8503863191 Purchasing Consulting LLC 7601 SW 145 Ave Miami FL 33183 8888133544 191 9/14/2018 Detail by Entity Name D?vi:;jOi ! oj CDiLPOIiri'I'IDi i: (III D/ficiiil jfali' oJ FIdihUi ■.'.■■Ir iii- Department of State / Division at Corporations / Search Records / Detail Bv Document Number / F96000006127 52-1087538 11/22/1996 DC ACTIVE CANCEL ADM DISS/REV 10/24/2008 NONE Detail by Entity Name Foreign Profit Corporation TISCHLER BISE, INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 4701 SANGAMORE RD SUITE 240 BETHESDA, MD 20816 Changed: 04/19/2018 Mailing Address 4701 SANGAMORE RD SUITE 240 BETHESDA. MD 20816 Changed: 04/19/2018 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE. FL 32301-2525 Name Changed: 08/21/2014 Address Changed: 08/21/2014 Officer/Director Detail Name & Address Title President. Secretary, Treasurer BISE. L. CARSON http;//search.sunbiz.org/lnquiry/CorporationSearch/SearchResu!tDetail?inquirytyp8=EnlityName&direclionType=lnitial&searchNameOrder=TISCHLER. 192 1/2 9/14/2018 Detail by Entity Name 4701 SANGAMORE RD SUITE 240 BETHESDA. MD 20816 Title Director Tischler, Paul 4701 SANGAMORE RD SUITE 240 BETHESDA, MD 20816 Report Year Filed Date 04/18/2016 04/20/2017 04/19/2018 04/19/2018 - ANNUAL REPORT 04/20/2017 - ANNUAL REPORT 04/18/2016 - ANNUAL REPORT 01/14/2015 - ANNUAL REPORT 09/17/2014 - ANNUAL REPORT 08/21/2014 - Reg. Aaent Chanoe 04/25/2013 - ANNUAL REPORT 03/20/2012 - ANNUAL REPORT 04/15/2011 - ANNUAL REPORT 02/11/2010 .. ANNUAL REPORT 05/01/2009 - ANNUAL REPORT 10/24/2008 - REINSTATEMENT 03/13/2007 - ANNUAL REPORT 01/16/2007 - Name Change 03/22/2008 - ANNUAL REPORT 12/23/2005 - REINSTATEMENT 10/12/2004 - REINSTATEMENT 09/11/1997 - ANNUAL REPORT 11/22/1996 - DOCUMENTS PRIOR TO 1997 View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF fonnat View image in PDF format View image in PDF format View Image in PDF formal View image in PDF formal View image in PDF format View image in PDF format View image in PDF format View image in PDF format 193 http.7/search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitiai&searchNanneOrder=TISCHLER... 2/2 2018 FOREIGN PROFIT CORPORATION ANNUAL REPORT DOCUMENT# F96000006127 Entity Name: TISCHLER BISE, INC. Current Principal Place of Business: 4701 SANGAMORE RD SUITE 240 BETHESDA. MD 20816 Current Mailing Address: 4701 SANGAMORE RD SUITE 240 BETHESDA. MD 20816 US FBI Number: 52-1087538 Name and Address of Current Registered Agent: CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE. FL 32301-2525 US FILED Apr 19, 2018 Secretary of State CC1196601050 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SiGNATURE: Electronic Signature of Registered Agent Officer/Director Detail: Title PRESIDENT. SECRETARY, TREASURER Name BISE, L. CARSON Address 4701 SANGAMORE RD SUITE 240 City-State-Zip: BETHESDA MD 20816 Title DIRECTOR Name TISCHLER. PAUL Address 4701 SANGAMORE RD SUITE 240 City-State-Zip: BETHESDA MD 20816 Date I hereby certffy (/»a/ the information indicated on this repod or supplemental report is true and accurate and that my electronic signature shail have the same teget effect as if made under oat/i; that t am an officer or director of ttie cofpwaticn or the receiver or trustee ompotrtrerod to execute this repod as reguired by Chapter 607. Florida Statutes.' and that my name appears otsove, or on an attachment with alt other tike empowered. SIGNATURE; L CARSON BISE PRESIDENT 04/19/2018 Electronic Signature of Signing Officer/Director Detail Date 194