12-10-07• r�
Chair
Vice Chair
Member
Member
Member
Member
Member
2001
"Making our Neighborhood a Great Place to LhT, Work and Play".
Horace G. Feliu General Counsel
Randy G. Wiscombe SMCRA Director
Velma Palmer Secretary
Marie Birts
Jay Beckman
Rodney Williams
Lashawda Williams
Eve Boutsis
Stephen David
Maria M. Menendez `
SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY
CRA Meeting
Meeting Date: Monday, December 10, 2007 Time: 6:30 PM
Next Meeting Date:. Monday, January 14, 2008 Time: 6:30 PM
6130 Sunset-Drive, South Miami, FL Phone:(305) 668 -7236
City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists
before engaging in any lobbying activities to register with the City
Clerk and pay an annual fee of $125.00. This applies to all persons who
are retained (whether paid or. not) to represent a business -entity or
organization to influence "City" action. "City" action. Is broadly
described to include the ranking and selection of professional
consultants, and virtually all - legislative, quasi - judicial and
administrative action. It does not apply to not -for profit
organizations, local chamber and merchant'groups, homeowner associations,
or trade associations and unions.
CALL TO ORDER:
A. ROLL CALL:
B. INVOCATION:
C. PLEDGE OF ALLEGIANCE:
REGULAR MEETING
1. APPROVAL OF MINUTES
A) October 1, 2007'
COMMUNITY REDEVELOPMENT AGENCY 1
AGENDA - December 10 , 2007
r�
2. DIRECTOR'S REPORT:
A) Monthly Expenditure Report
B) Miami -Dade County 07 /08'Budget Review*
C) Priority Properties Update*
D) Property Appraisals For 6082 SW 63rd Street*
E) Grants Status*
F) Apprentice Program Graduation*
G) .Spirit.of the Season Award*
3. GENERAL COUNSEL REPORT
A) Pending Legal Initiatives
(Verbal Report),
*Attachments
PUBLIC COMMENTS
(5- minute limit)
CONSENT AGENDA
4. A .RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY RELATING TO ATTORNEY FEES;
APPROVING ATTORNEY'S FEES FOR NAGIN, GALLOP FIGUEREDO,
P.A., FOR INVOICES DATED OCTOBER 29, 2007 IN THE TOTAL
AMOUNT OF $2,773.50; AND CHARGING THE AMOUNT TO ACCOUNT
NO. 610 -1110- 564 -31 -20 (GENERAL CORPORATE'ACCOUNT);, AND
PROVIDING AN EFFECTIVE DATE.
5. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY'
REDEVELOPMENT AGENCY
RELATING
TO
ATTORNEY FEES;
APPROVING ATTORNEY'S FEES FOR LOTT
&
LEVINE, P.A., FOR
INVOICES.,DATED OCTOBER
29, 2007 IN
THE TOTAL AMOUNT OF
$613.50; AND CHARGING
THE AMOUNT
TO
ACCOUNT NO. 610-
1110- 583 -61 -10 (LAND
ACQUISITION
ACCOUNT) ;. AND
PROVIDING AN EFFECTIVE
DATE.
RESOLUTIONS
6. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY ( SMCRA) RELATING TO FINANCIAL
AUDIT SERVICES, AUTHORIZING THE SMCRA DIRECTOR TO ENTER
COMMUNITY REDEVELOPMENT AGENCY 2
AGENDA - December 10, 2007
,INTO AN. AUDITING SERVICES CONTRACT WITH RODRIGUEZ,
TRUEBA & COMPANY P.A. FOR A TOTAL . AMOUNT NOT TO EXCEED
$6,000 FOR THE PURPOSE OF AUDITING SMCRA FINANCIAL
TRANSACTIONS FOR FISCAL YEAR- ENDING SEPTEMBER 30, 2007
AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NUMBER 610-
1110- 554 -3210 (ANNUAL AUDIT ACCOUNT) ; AND PROVIDING AN
'EFFECTIVE DATE.
7. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY RELATING TO FACILITIES
MAINTENANCE; AUTHORIZING THE SMCRA DIRECTOR TO ENTER
INTO A CONTRACTUAL AGREEMENT WITH RUSSELL PARTNERSHIP
INC. FOR A. TOTAL CONTRACT AMOUNT OF $500,000 TO PROVIDE
ARCHITECTURAL AND CONSTRUCTION 'MANAGEMENT SERVICES FOR
THE RENOVATION OF SMCRA OWNED PROPERTY LOCATED AT 5825
SW. 68TH STREET (FOLIO NO. 09- 4025 - 010 - 028 - 0930) ; AND
PROVIDING AN EFFECTIVE DATE.
8. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT
AGENCY, RELATING TO LAWN MAINTENANCE OF SMCRA OWNED
PROPERTIES; AUTHORIZING THE SMCRA DIRECTOR TO ENTER
INTO A CONTRACTUAL AGREEMENT WITH JOE'S LAWN SERVICE
INC. FOR A TOTAL CONTRACT AMOUNT OF '$ TO
PROVIDE LAWN MAINTENANCE SERVICES FOR SMCRA OWNED
'PROPERTIES AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NO.
610 - 1110 - 583 -3125, (PROPERTY MANAGEMENT ACCOUNT); AND
PROVIDING AN EFFECTIVE DATE.
BOARD COMMENTS
ADJOURNMENT
PURSUANT TO FLA,STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES
TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT
FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS
IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR
OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT
OTHERWISE ALLOWED BY LAW.
COMMUNITY REDEVELOPMENT AGENCY 3
AGENDA - December 10, 2007
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N1 RkT11F:iTi
2001
IMaking ourNeighborhood a GreatPlace to live Work and Play"
CALL TO ORDER:
The South Miami Community Redevelopment Agency met in
special session on Monday, October 1, 2007 beginning at 6:47
p.m., in.the City Commission Chambers, 6130 Sunset Drive.
A. ROLL CALL:
The following members of the CRA Board were present: Chair
Horace G. Feliu, Vice Chair Randy G. Wiscombe and Members Velma
Palmer, Jay Beckman, Rodney Williams. Member Maria Birts was
absent.
Also in attendance were: City Attorney Luis Figueredo, CRA
Director Stephen David, Program Coordinator James McCants and
Deputy City Clerk Nkenga Payne.
B. INVOCATION:
The.invocation was delivered by Chair Horace G. Feliu.
C. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was recited,in unison.
1. APPROVAL OF MINUTES -
August 13, 2007
f It was moved by Vice Chair Wiscombe and seconded by
Member Palmer to approve the minutes as presented. The
motion passed by a 5 -0 vote.
Member Williams:
COMMUNITY REDEVELOPMENT AGENCY 1
Minutes - October 1, 2007 (Special)
yea
1 Member Palmer: yea
2 Member Beckman:, yea
3 Vice Chair Wi'scombe: yea
4 Chair Feliu: yea
5 Member Birts: absent
6
7 August 21, 2007
8
9 It was moved by Member Palmer and seconded by Vice
10 Chair 'Wiscombe to approve the, minutes as presented. The
11 motion passed by a 5 -0 vote.
12
13 Member Williams: yea
14 Member Palmer: yea
15; Member Beckman: yea
16 Vice Chair Wiscombe: yea
17 Chair Feliu:' yea
18 Member Birts: absent
19
20
21 2.. DIRECTOR'S REPORT:
22
23 A) Monthly Expenditure Report
24
25 Staff presented the monthly expenditure reports for June 07 and
26 July 07. There were no comments made by the board.
27
28 B) Mobley Building Renovation Update
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30 Mr. David reported that the roof and mold problem at the Mobely:
31 building has been addressed and fixed.
32
34 C) Furniture Donation Program
35 Mr. David explained that we have received donated; slightly
36 damaged furniture from the "Non- Violence Project USA, Inc. ". Staff is
37 going to keep of record of what is there and keep a.sign out sheet so
38 that we know where the furniture went, but not make it too stringent
39 of a program.
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41 Chair Feliu stated we want to make it easy for people to get the
42 furniture.
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44 Vice Chair Wiscombe mentioned staff should identify people that
45 need furniture and have .them fill out the necessary form so that we
46 can account for furniture.
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COMMUNITY REDEVELOPMENT AGENCY 2
Minutes = October 1, 2007 (Special)
1 Member Palmer said' she is hoping. for the forms and the process
2 is fast,-the quicker the better.,
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6 3.. GENERAL COUNSEL REPORT
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8 A) On -Going Projects Update
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10 Attorney Figueredo'stated Ms. Boutsis provided the board with a
11 detailed report of the status of Greater Miami Neighborhood (attached
12 as Exhibit A).
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16 PUBLIC COMMENTS
17
18 Levy Kelly spoke about the furniture program and suggested less
19 red tape as possible to give the furniture away.
20
21 CONSENT AGENDA
22
23 CRA 42 -07 -295
24 4. A RESOLUTION OF THE CITY OF SOUTH, MIAMI COMMUNITY
25 REDEVELOPMENT AGENCY RELATING TO ATTORNEY. FEES;
26 APPROVING ATTORNEY'S FEES' FOR NAGIN GALLOP FIGUEREDO,
27 P.A., FOR INVOICES DATED AUGUST 29, 2007 IN THE TOTAL
28 AMOUNT OF,$3,765.65; AND CHARGING THE AMOUNT TO ACCOUNT
29 NO. 610 -1110- 564 -31 -20 (GENERAL CORPORATE ACCOUNT); AND
30 PROVIDING AN EFFECTIVE DATE.
31
32 CRA 43 -07 -296
33 5. A RESOLUTION OF THE CITY OF SOUTH- MIAMI COMMUNITY
34 REDEVELOPMENT AGENCY RELATING TO ATTORNEY FEES;
35 APPROVING ATTORNEY'S FEES FOR LOTT & LEVINE, P.A., FOR
36 INVOICES DATED AUGUST 23,.2007 IN THE TOTAL AMOUNT OF
37 $6,844.02; AND CHARGING THE AMOUNT TO ACCOUNT NO. 610 -
38 '1110- 583 -61 -10 (LAND ACQUISITION ACCOUNT); AND
39 PROVIDING AN EFFECTIVE DATE.-
40
41 It was moved by Member Palmer and seconded by Vice Chair
42 Wiscombe to approve the consent agenda. The motion passed by a
43 5 -0 vote.
44 v
45 Member Williams: yea
46 Member Palmer: yea
COMMUNITY REDEVELOPMENT AGENCY 3
Minutes - October 1, 2007 (Special)
I Member Beckman yea -
2 Vice Chair Wiscombe: yea
3 Chair Feliu: yea
4 Member Birts: absent
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RESOLUTIONS
CRA 44 -07 -297
6. A RESOLUTION OF THE CITY OF SOUTH MIAMI' COMMUNITY
REDEVELOPMENT AGENCY RELATING TO INFRASTRUCTURE
IMPROVEMENTS; AUTHORIZING A BUDGET TRANSFER IN THE
AMOUNT OF .$25,000 FROM ACCOUNT NO. 610- 1110 - 513 -34 -50
(INFRASTRUCTURE /CONTRACTUAL SERVICES ACCOUNT) AND IN
THE AMOUNT $14,759 FROM ACCOUNT NO. 610- 1110 - 541 -3450
'(STREET BEAUTIFICATION ACCOUNT) TO ACCOUNT NO. 610 -.
1110- 513 -6340 (59TH PLACE STREETSCAPE IMPROVEMENT
ACCOUNT) TO FACILITATE PAYMENT TO HOMESTEAD CONCRETE &
DRAINAGE INC. IN THE TOTAL AMOUNT OF $50,126 FOR PHASE
IV. CONSTRUCTION OF .THE 59TH PLACE. STREETSCAPE
ENHANCEMENT INITIATIVE; AND PROVIDING AN EFFECTIVE
DATE.
It was moved by Member Palmer and seconded by Vice Chair
Wiscombe to approve this item.
There was no discussion; the.motion passed by a 5 -0 vote.
Member Williams: yea -
Member Palmer: yea
Member Beckman: yea
Vice Chair ,Wiscombe: yea
Chair Feliu: yea
Member Birts: absent
CRA 45 -07 -298
7. A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY RELATING TO LAND ACQUISITION;
AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO CONTRACT.
WITH A.R.T ENVIRONMENTAL INC. FOR A TOTAL CONTRACT
AMOUNT OF. $6,470 TO PROVIDE ASBESTOS REMOVAL SERVICES
AT SMCRA OWNED PROPERTY LOCATED AT 6429 SW 59TH PLACE;.
AND PROVIDING AN EFFECTIVE DATE.
It was moved by Member Williams and seconded by Vice Chair
Wiscombe to approve this item.
COMMUNITY REDEVELOPMENT AGENCY;. 4
Minutes - October 1, 2007 (Special)
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Mr. David mentioned that this resolution is being done after the
fact because staff wanted to move forward on this problematic
property.
Chair Feliu thanked staff for moving forward with this project.
After the discussion, the motion passed by,a 5 -0 vote.
Member
Williams:
yea
Member
Palmer:
yea
Member
Beckman:
yea
Vice Chair Wiscombe:
yea
Chair.,
Feliu:
yea
Member
Birts:..'
absent.
CRA 46 -07 -299
8. A RESOLUTION. OF THE CITY OF SOUTH MIAMI COMMUNITY'
REDEVELOPMENT AGENCY RELATING TO AFFORDABLE HOUSING
DEVELOPMENT AUTHORIZING THE SMCRA DIRECTOR TO ENTER
INTO CONTRACT WITH THE EDFM CORPORATION TO PROVIDE
CONSTRUCTION SERVICES TO COMPLETE HOUSING 'CONSTRUCTION
OF TWO AFFORDABLE SINGLE- FAMILY HOMES LOCATED AT 5895
SW 67TH STREET, SOUTH MIAMI, FLORIDA AND 6400 SW 57TH
COURT, SOUTH MIAMI, FLORIDA; AND PROVIDING AN EFFECTIVE
DATE.
It was moved by Vice Chair Wiscombe and seconded by Member
Williams to approve this item.
Member Palmer asked staff to explain the ranking criteria.
Mr. David mentioned the selection committee went through the
items on the criteria list and they graded the companies to come up
with a total score.
After the discussion, the motion passed by a 5 -0 vote.
Member
Williams:
yea
Member
Palmer:
yea
Member
Beckman:
yea
Vice Chair
Wiscombe:
yea
Chair
Feliu:
yea,
Member
Birts:
absent
CRA 47 -07 -300
9. A RESOLUTION.OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT
AGENCY ( SMCRA) RELATING TO SMCRA. BOARD MEMBER
COMMUNITY REDEVELOPMENT AGENCY 5
Minutes - October 1, 2007 (Special)
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DISCRETIONARY FUNDS; AUTHORIZING THE SMCRA DIRECTOR TO
DISBURSE FUNDING IN THE AMOUNT OF $500 OF CHAIR FELIU'S
DISCRETIONARY FUNDING ALLOCATION TOWARDS THE CHURCH OF
HIGHER WORSHIP COMMUNITY OUTREACH PROGRAM AND $500 TO
THE ALLAINCE FOR YOUTH SCHOLORSHIP FUND FOR THE
CHILDREN OF ADRIAN ELLIS AND CHARGING THE TOTAL AMOUNT
TO ACCOUNT NO. 610- 1110 - 554- 99 -25, ( SMCRA BOARD MEMBER
DISCRETIONARY FUNDING; ACCOUNT); AND PROVIDING AN
EFFECTIVE DATE.
I.t was moved by Vice Chair Wiscombe and seconded
Commissioner Palmer to approve this item.
There was no discussion; the motion passed by a 5 -0 vote.
Member
Williams:
yea
Member
Palmer:
yea
Member
Beckman:
yea
Vice Chair Wiscombe:
yea
Chair
Feliu:
yea
Member
Birts:
absent
CRA 48 -07 -301
10. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT
AGENCY ( SMCRA) RELATING TO SMCRA BOARD MEMBER
DISCRETIONARY FUNDS; AUTHORIZING THE SMCRA DIRECTOR TO
DISBURSE FUNDING IN THE AMOUNT OF $1,000 OF VICE CHAIR
WISCOMBE'S DISCRETIONARY FUNDING ALLOCATION TOWARDS THE
REPAIR AND ASTHETIC ENHANCEMENT OF MARSHALL WILLIAMSON
PARK DECORATIVE PLANTERS; AND CHARGING THE TOTAL AMOUNT
TO ACCOUNT 'NO." 610- 1110 - 554- 99 -25, (SMCRA'BOARD MEMBER
DISCRETIONARY FUNDING ACCOUNT); AND .PROVIDING AN
EFFECTIVE DATE.
by
It was moved by Chair Feliu and seconded by Member Palmer
to approve this item.
There was no discussion; the motion passed by a 5 -0, vote.
Member Williams: yea
Member Palmer: yea
Member Beckman: yea
Vice Chair Wiscombe: yea
Chair Feliu: yea
Member Birts: absent
COMMUNITY REDEVELOPMENT.AGENCY 6
Minutes - October 1, 2007 (Special)
1 ITEM, (S) FOR BOARD CONSIDERATION
2
3
4 BUDGET "WORKSH ®P
5
6 D. Presentation of 2007 -2008 Proposed Budget
7
8 Mr. David presented a, powerpoint presentation of the proposed FY
9 2007 =08 budget (attached as Exhibit B).
10
11 The board suggested that each board member meet with staff to go
12 over the proposed budget before the final budget hearing.
13
14
15 ADJOURNMENT �
16
17 -
18 There being no further business to come before this Body,
19 themeeting was adjourned at 9:17 p.m.
20
21
22 Approved: V
23
24
25 Attest:
26 Horace G. Feliu
27 CRA Chairperson
28
29 Maria M. Menendez
30 CRA Secretary
31
COMMUNITY REDEVELOPMENT'AGENCY 7
Minutes - October 1, 2007 (Special)
J
EXHIBIT A
MEMORANDUM
To: SMCRA Board,
Stephen David, Interim Director
From: Eve A. Boutsis, general counsel
Date: September 25, 2007
Re: General Counsel Report.
Greater Miami Neighborhood (GMN) transactions: GMN has reconveyed the two lots, 5895
SW.67th Street (Lot 19) and 6400 SW 57th Street (Lot 35), via Quit Claim Deed to the SMCRA.
The deeds have been recorded. The SMCRA approved paying off the Mortgage and UCC -1
which secured the GMN's revolving line of credit given by Wachovia Bank. The actual draw
down on the line of credit totals $36,093.73 ($18,631.87 for Lot 19; and $17,461.86 for Lot 35).
Mr. David shall be paying off the credit line and obtaining a release of the credit line and
mortgage. We will also need to obtain a release of the notice of commencement as part of the
release of the Wachovia lien.
Please note that it has also come to my attention, that although GMN is a non - profit, it has not
claimed property tax exemption for the two lots, and that property taxes for 2006 have been
assessed. 2006 . taxes for Lot 19 are $2,675.59. Taxes for Lot 35 are $2,244.34. 2007 have not
been paid. There may be tax certificates issued against the properties. I have ordered an
ownership and encumbrance report to determine any further taxes and/or liens owed under the
properties. Finally, there are also several non -South Miami, and several South Miami liens on
the property. Our office is presenting a motion to the City of South Miami's special master to
release the City's liens. I am negotiating with the Cities of: Miami, North Miami, North Miami
Beach, and Miami -Dade County to have their liens released. The Cities of North Miami, Miami
and Dade County all have provisions for releasing liens when related to affordable housing
purposes. I have forwarded the'letters I have issued requesting releasing. the applicable liens.
The City of North Miami Beach does not specifically have a provision in their code for releasing
a lien due to affordable housing. However, per the direction of the City of North Miami Beach
city attorney, Howard Lenard, I have drafted a request to his attention, seeking a release of the
North Miami Beach lien.
Aries Insurance - 6411 SW 59th Place, folio number 09- 4025- 010 -0290: SMCRA V. Aries,
Case No.: 01 -21614 CA 23. Closing occurred. SMCRA owns parcel.
Taylor parcel, 6415 SW 59th Place. Closing occurred. SMCRA owns parcel.
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rMM A=4- WN4hAk
1001
Making our Neighborhood a Great Place to Live, Work and Hay"
To: Honorable Chair and Date:. December 10, 2007
SMCRA Board Members
From: Stephen hen D Id ITEM No. a At
ct SMCA e
EXPENDITURE REPORT
"",,K
The monthly ex enditure report was not available at time of agenda printing.
Attachments:
1
M /MCGRUMPLANNINGICRAWonthly Expediture Report.doc
iI
r
W- aodr1a01
S004� IR M A011-1- WM& Aa
MCRA
]001
Moking our Neighborhood a Great Place to t.ive Work and Play"
To: Honorable Chair and Date: December 10, 2007
SMCRA Board Members
From: Stephen Da d, ITEM No.
SMCRA rector TIF COMMITTEE
RECOMMENDATION
During the November 19, 2007 Meeting of the Miami -Dade Tax Increment Financing (TIF)
Committee, a unanimous recommendation for approval of the SMCRA 07/08 Budget was
made by the TIF Committee. The recommendation will next be forwarded to, the Miami -Dade
Economic Development & Human Services (EDHS) Committee and will be subsequently
reviewed by the Miami -Dade County Commission.
Attachments:
November 19, 2007 TIF Committee Agenda
1
a '
sD/MCGRUFFIPLANNINGIC R AWIF Committee Recommendation.doc
i
r
Miami -Dade County
Tax increment Financing and Coordinating Committee
Friday - November 1 9, 2007
MOM
Stephen P. Clark Government Center
22nd Floor, Rear Conference Room
AGENDA
L Call to Order ....... ...........................Mike Iturrey
CRA: Budget Coordinator
Community Redevelopment and
Economic Policy Analysis
Division, OSBM
-II. Roll Call and Introductions
ICI. Old Business
IV. New Business
A. 2:00 PM,
FY 2007,0$ Budget Proposal - Narth Miami CPA
B. 3:OO PM
'FY 2007-08 Budget Proposal — Hianestead 'CRA
C. 4:00 PM
FY 200708 Budget Proposal - South Miami CRA
V. Other Business, Updates and Reports
'V'I. Next Meeting pate /Time
VII. Adjournment
4=10C l
1001
Making our Neighborhood a Great Place to Live, Work and Play"
To: Honorable Chair and Date: December 10, 2007
SMCRA Board Members
From: Stephen Da vi , ITEM No.
SMCRA Di ector PRIORITYPROPERTIES
J. During the October 8, 2007 Meeting, a recommendation was made to compile a list of
priority properties in need of assistance ' in the SMCRA area. The intent of the
recommendation was to achieve a minimum level of improvement throughout the entire the
District. As a result of the assistance of the several Board Members, a list of priority
properties has subsequently been compiled. Staff is in the process of contacting existing
property owners to offer possible assistance and to explore alternate options for property
improvement.
Attachments:
SD/MCGRUFFIPLANNINGIC R A\Priorty Properties Update.doc
'�I��►
T�Ml_ I C R A',
2001
"Makin g our Neighborhood a Great Place to Live, Work and Play"
To: Honorable Chair and Date: December 10, 2007
SMCRA Board Members
From: Stephen Davi ITEM No.
P ��
SMCRA Di ector PROPERTYAPPRAISALS
f
During the October 1, 2007 Meeting the Board discussed property appraisal information
regarding property located at 6082 SW 63`d Street. The subject property consists of one
half of a lot approximately 25' x 90' in size (See Exhibit 'A). The adjacent half lot
located at 6092 SW 63rd Street is currently owned by Habitat of Humanity (See Exhibit
B).
In an effort to facilitate additional affordable housing development in the SMCRA area, it
has been suggested that the SMCRA .purchase• the half ,lot and convey the property, to
Habitat of Humanity for development of one single-family home.
During the October Meeting, the Board discussed a property appraisal received for 6082
SW 63`d Street which indicated an appraised value of $95;000 (See Exhibit Q. The'
required secondary appraisal for the property has now been received and indicates a value
of $20,000 (See Exhibit D). Staff is currently negotiating with the existing property
owner regarding possible purchase and sale terms.
Attachments:
Property Appraisal (Seth Pomerance)
Property Appraisal (Miller Appraisal Group Inc.)
SD/MCGRUMPLANNMAC RA1Property Appraisals.doc
Miami-Dade My Home
ml�E-
M Text only
Property Appraiser Tax Estimator
Summary Details:
No.: 109-4025-010-0770
:rtv: 16082 SW 63 ST
ress: ROBERT HARRELL
16082 SW 63 ST MIAMI FL
Sale Information:
_
Sale OIR
Sale Date: 1011994
Sale Amount: $0
Assessment Information:
2006
Year: F:-
_N
Land Value: 3
$42,651
Building Value: $0
$o
Market Value: $591,593
$42,651
Assessed Value: $59,593
#$42,651
Total Exem2tions: $0
$0
axable Value: 1 $59,593
1$42,6511
Digital Orthophotography - 2006
0 109 ft
.
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Selected
Property
http://gisims2.miamidade.gov/myhome/'Propmap.asp 11/29/2007
Miami-Dade My Home EXHIBIT I
01=
zm2aaal—W. 0011 -
Show Me:
Property Information
Search By:
Select Item
Text only
Property Appraiser Tax Estimator
Summary Details:
dress: OF GREATER
MIAMI INC
9350 S DADELAND BLVD
STE 200 MIAMI FL
33151- 1
§� - _- I M - W
Year: 2007 2006
Land Value:
$59,593
$42,651
Building Value:
$0
$0
Market Value:
$59,593
$42,651
Assessed Value:
$59,593
$42,651
Total Exemptions:
$59,593
$42,651
L1 xable Value:
$0
$0
Digital Orthophotography - 2006
0 - 109 ft
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please click here to let us know.
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Legend
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http : / /gisims2. miamidade .gov /myhome /1propmap.asp 12/5/201
EXHIBIT C
APPRAISAL REPORT
of
SINGLE FAMILY LOT AT
6082 SW 63 STREET
SOUTH MIAMI, FL 33143
As Of:
08/20/2007
Prepared For:
THE CITY OF SOUTH MIAMI CRA
9155 S DADELAND BLVD #1014
MIAMI, FL 33156
Prepared By:
SEPH POMERANTZ
SEPH POMERANTZ
4747 HOLLYWOOD BLVD #247
HOLLYWOOD, FL 33021
C
File No. 0708012
LAND APPRAISAL REPORT cegGtir,
Borrower MAUDE LANE BYRON 8 ROBERT HARRELL Census Tract 76.03 Map Reference 5440 -25
Property Address . 6082 SW 63 STREET
• City SOUTH MIAMI County MIAMI -DADE State FL Zip Code 33143
Legal Description THE WEST 112 OF LOT 83 LESS THE NORTH 1(Y IN BLOCK 13 FRANKLIN SUB PB 5.34
Sale Price $ N/A Date of Sale 08120!2007 Loan Tenn N/A yrs. Property Rights Appraised X Fee LJLeasehoIdUDeMInImisPUD
Actual Real Estate Taxes $ 1,031 Ur) . Loan Charges to be paid by seller $ WA Other Sales Concessions N/A
. Lender/Client THE CITY OF SOUTH MIAMI CRA Address 9155 S DADELAND BLVD 91014 MIAMI FL 33156
Occupant VACANT SITE Appraiser SEPHPOMERANTZ Instructions to Appraiser MARKET VALUE ANALYSIS
Location Urban X Suburban Rural Good
Av ,
Fair
Poor
Built Up X Over 75% 25% to 75% Under 25% Employment Stability
X
Growth Rate ❑Fully Dev. Rapid Steady Slow Convenience to Employment
X
Property Values Increasing X Stable Declining Convenience to Shopping X
Demand/Supply Shortage X In Balance Oversupply Convenience to Schools
X
Marketing Time Under 3 Mos, X 4-6 Mos. Over 6 Mos. Adequacy of Public Transportation > X
Present Land Use 50 %1 Family 15 1/62-0 Family 10 % Apts 5 % Condo 5 % Commerda Recreational Facilities
X
5 %Industrial 5 % Vacant 5 % CHURCHES SCHOOLS Adequacy of Utilities
Change In Present land Use X Not Likely —❑ UkelyV) X Taking Place (•) Property of Compatibility
X
X
• From VACANT SINGLE FAMILY To MULTI FAMILY Protection from Detrimental Conditions
X
Predominate Occupancy �X Owner Tenant <1 % Vacant Police and Fire Protection
X
Single Family Price Range $ 150,000+- to $ 600,000+ Predominant Value $ 400,000+- General Appearance of Properties
X
Single Family Age 0 yrs to 8D+ yrs. Predominant Age 50+- yrs Appeal to Market
X
THE
CITY OF
Comments Including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, New, noise): THE SUBJECT IS LOCATED IN
THE
SUBJECT
SOUTH MIAMI CRA DISTRICT KNOW AS MADISON SQUARE, THIS IS A PLANNED DEVELOPMENT OF MIXED RESIDENTIAL/COMMERCIAL USES.
HAS GOOD ACCESS TO A RAPID TRANSIT SYSTEM NEIGHBORHOOD SHOPPING AND PUBLIC SCHOOLS. THE PREDOMINANT VALUE AND THE NEARBY USES
DO NOT ADVERSELY AFFECT THE SUBJECTS MARKETABILITY.
Dimensions 25 X 90 - 2.250 SO FT Comer Lot
Zoning Gassification RS-41SINGLE FAMILY RESIDENTIAL Present Improvements LXJdo do not conform to zoning regulations
Highest and best use Present use X Other (spedfy) DEVELOP SITE WITHIN PLANNED CRA DISTRICT
Public Other (Describe) OFF SITE IMPROVEMENTS Topo PRIMARILY LEVEL AT STREET GRADE
Elec. Street Access ❑X Public [::] Private Size TYPICAL OF SMALLER SITES
Gas Surface ASPHALT Shape RECTANGULAR
Water Maintenance X Public Private View RESIDENTIAL
IX
San. Sewer X Storm Sewer Curb/Gutter Drainage ADEQUATE: FLOOD ZONE: X. MAP 1206580276J 03/02!1994
Underground Elect. 8 Tel. X Sidewalk X Street Lights Is the property located in a HUD identified Special Flood Hazard Areal I X No Yes
Comments (favorable or unfavorable Including any apparent adverse easements, encroachments or other adverse conditions): NO APPARENT ADVERSE
EASEMENTS ENCROACHMENTS OR OTHER ADVERSE CONDITIONS OBSERVED. THE SUBJECT SITE IS A VACANT. THE HIGHEST AND BEST
USE IS THE INCLUSION IN THE PLANNED CRA DISTRICT FOR THE AREA.
The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes
a dollar adjustment reflecting market reaction to those Items of significant variation between the subject and comparable properties. If a significant Item in the compparable
property Is supedor to or more favorable than the subject property, a minus(-) adjustment is made thus redudng the Indicated value of subject; If a significant item in the
com arable Is Inferior to or less favorable than the subject DrOperty, a plus + adjustment Is made thus Increasinq the indicated value of the sub ect.
SUBJECT PROPER
COMPARABLE NOA
COMPARABLE NO.2
COMPARABLE NO.3
Address 6082 SW 63 STREET
6415 SW 60 AVE
6501 SW 60 AVE
6081 SW 64 TERR
SOUTH MIAMI FL 33143
SOUTH MIAMI FL 33143
SOUTH MIAMI FL 33143
SOUTH MIAMI FL 33143
Proximity to Subject
0.10 MILES
0.15 MILES
0,10MILES
Sales Price
Price PER SOFT
NIA
` e ��` Ala€
$ 285000,
g 48.51
` F� ' °'
260 000
4115
.' rat
[A' s. f.fn,', ;E x
205,000
51.25
Data Source
INSPECTION
REALIST /P.R,
MLSiREALIST/PR
MLSIREALIST
/PR
Date of Sale and
DESCRIPTION
DESCRIPTION
Aument
DESCRIPTION
DESCRIPTION
0812012007
1211412006
0311612007
03/0112005
Time Ad' iment
Location
AVERAGE
AVERAGE
AVERAGE
AVERAGE
Site/View
2,250 SO FT
5,875 SO FT
-175,84E
6.318 SO FT
-1 67 39
4,000 SO FT
-8968
EXISTING IMPROV
NONE
SMALL CBS HOUSE
SMALL CBS HOUSE
SMALL HOUSE
•.
PRIOR SALE
NONE IN 36 MONTHS
09119/2006 QUIT CLM DD
1 10/1112005 $138,000
0212512003 $84,000
Sales or Financing
CASWCONV MTG
CASH
CONY MTG
CONY MTG
Concessions
Net Ad . otal_
_ �.
Plus X Minus
- 175 849
Plus X Minus
-167,398
Plus X Minus
-89,688
o Sub Value
P, k q
Gross= 6121 %�
109151
$ 92602
444
115312
Gross= 64%e,;*)�:'
Gross %1 f. , rF'
RE
Comments on Market Data SEE NEXT PAGE.
omments and Conditions of Appraisal: THE SUBJECT IS BEING VALUED BASED ON THE ASSUMPTION THAT THE SITE IS ABLE TO BE USED TO ITS HIGHEST AND
EST USE AS A RESIDENTIAL SITE,
nal Reconciliation: THE INCOME ANALYSIS AND THE COST ANALYSIS ARE NOT WARRANTED FOR THE VALUATION OF THE SUBJECT SITE. THE MARKET
NALYSIS IS RELIED UPON FOR THE VALUE OF THE SUBJECT SITE.
lExpiration
ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF 0812012007 to be $ 95,000
Review A raiser (if applicable)
ppraisers) ❑ Did �] Did Not Physically
.. SEPH POMERANTZ Inspect Property
te Report Signed 09104/2007 Date Report Signed
ale Certo Ion # ST CERT RES REA 1484 State FL State Certification # State
State License # State Or State License # State
Date of License or Certification 11130/2008 Expiration Date of License or Certification
ClUFORMS Appraisal Software 800-622 -8727 Pape 1 of 10
EXTRA COMPARABLES 4.5.6
File No. 0708012
CASE NO.
Borrower MAUDE LANE BYRON & ROBERT HARRELL
Property Address 6082 SW 63 STREET
City SOUTH MIAMI County MIAMI -DADE State FL Zip Code 33143
Lender/Client THE CITY OF SOUTH MIAMI CRA Address 9155 S DADELAND BLVD #1014, MIAMI, FL 33156
The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these to the market analysis. The description Includes
a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item In the comparable .
property is superior to or more favorable than the subject property, a minus (•) adjustment is made thus reducing the Indicated value of subject; if a significant item in the
comparable Is inferior to or less favorable than the subject property, a plus ( +} adjustment is made thus Increasing the Indicated value of the subject
SUBJECT PROPERTY
COMPARABLE NO. 4
COMPARABLE NO. 5
COMPARABLE N0, 6
Address 6082 SW 63 STREET
SOUTH MIAMI FL 33143
6518 SW 60 AVE
SOUTH MIAMI FL 33143
6420 SW 59 PLACE
SOUTH MIAMI FL 33143
6415 SW 59 PLACE
SOUTH MIAMI FL 33143
Proximity to Sub ect
, " ., "" ME
0.16 MILES
.0.15 MILES
0.16 MILES
Sales Price
Price PERSQFT
NIA
$
Ff
4rtar.�... �a °, "$
150000
34.09
(E�
?sa 4't$
324100
47.45
l;
"_' t3"i.M.< 3:P,
100000
36.36
Data Source
INSPECTION
MLSlREALISTlPR
REALISTlP.R.
REALISTlP.R,
Date of Sale and '
Time Ad'ustment
DESCRIPTION
DESCRIPTION
DESCRIPTION
DESCRIPTION
08120!2007
09!2712005
06!0112007
05!08!2007
Location
AVERAGE
AVERAGE
AVERAGE
AVERAGE
SiteMew
2,250 SO FT
4 400 SO FT
-731294
6,831 SO FT
-217.36E
2 750 SO FT
-1818
• EXISTING IMPROV
NONE
SMALL HOUSE
NONE
NONE
PRIOR SALE
NONE IN 36 MONTHS
0211812005 $95,000
NONE IN 36 MONTHS
NONE IN 36 MONTHS
Sales or Financing
Concessions
CASHlCONV MTG
CASH
CASH
CASH
Net Ad'. otal
5 J 1'^
Plus X Minus -73 294
Plus X Minus 217368
Plus X Minus 18180
Indicated Value
ofSubect
t , `� '_ ;Net=
� "�v % 'Gross
-49 % =3
=49% _, ,x
76706
Net=-67%
106,732
Net 18%
81,820
Gross =67 -%K tz,
Gross =18 * /V',V y'',�`
Comments on Market Data THE ANALYSIS RELIES ON SIX CLOSED SALES FROM THE SUBJECTS IMMEDIATE MARKET AREA, ALL OF THESE SALES ARE
LOCATED WITHIN THE SOUTH MIAMI CRA' DISTRICT. THE FIRST FOUR SALES SOLD WITH SMALL HOUSES ON THE SITES. IT IS NOTED THAT THE CRA HAS BEEN
PURCHASING PROPERTIES WITH NO VALUE GIVEN TO THE EXISTING IMPROVEMENTS' THE SITES ARE BEING CLEARED FOR THE REDEVELOPMENT. THE
SALES PRICES FOR NO.5 AND NO.6 WERE OBTAINED FROM THE MINUTES OF THE CRA MEETINGS. THESE TWO SALES ARE RECORDED BUT THE APPRAISER
WAS NOT ABLE TO OBTAIN THE SALES PRICES FROM THE RECORDINGS, N0.5 AND NO.6 WERE SOLD AS VACANT SITES. NO.3 AND NOA ARE OLDER SALES
THEY CLOSED IN 2005. NO.5 AND NO.6 ARE VERY RECENT SALES. THE CRA IS THE BUYER FOR SALES N0.1 NO.5 AND NO.6. ALL OF THESE SALES ARE
CONSIDERED IN THE SUBJECTS MARKET ANALYSIS. THE SUBJECTS REPORTED MARKET VALUE EQUATES TO A VALUE OF $42.221SQ FT. THIS IS WELL WITHIN
THE RANGE OF THESE SIX SALES.
ClicWORMS Appraisal Software 800.622.8727 Page 2 of 10
File No. 0708012
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and
open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and
assuming the price is not affected by undue stimulus. Implicit In this definition is the consummation of a sale as of a
specified data and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically
motivated; (2) both parties are well Informed or well advised, and each acting in what he considers his own best interest;
(3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars
or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the
property sold unaffected by special or creative financing or, sales concessions' granted by anyone associated with the sale.
'Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments
are necessary for those costs which are normally paid by sellers as a result of tradition or taw in a market; these costs
are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing
adjustments can be made to the comparable property by comparisons to financing terms offered by a third party
Institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated
on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should
approximate the market's reaction to the financing or concessions based on the appraisers judgment
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is
subject to the following conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or
the title to it. The appraiser assumes that the title Is good and marketable and, therefore, will not render any opinions
about the title. The property is appraised on the basis of it being under responsible ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the Improvements
and the sketch is included only to assist the reader of the report in visualizing the property and understanding the
appraiser's determination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency
(or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special
Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding
this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question,
unless specific arrangements to do so have been made beforehand.
5. The appraiser has estimated the value of the land in the cost approach at Its highest and best use and the improvements
at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with
any other appraisal and are Invalid if they are so used.
6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depredation, the presence
of hazard wastes, toxic substances, eta) observed during the Inspection of the subject property or that he or she became
aware of during the normal research involved In performing the appraisal. Unless otherwise stated in the appraisal report,
the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions
(Including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable,
and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding
the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any
engineering or testing that might be required to discover whether such conditions exist Because the appraiser is not an expert
In the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of
the property.
7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources
that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility
for the accuracy of such items that were furnished by other parties.
8. The appraiser will not disclose the contents of the appraisal report except as provided for In the Uniform Standards of
Professional Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation concluslon for an appraisal that is subject to satisfactory
completion, repairs, or alterations on the assumption that completion of the Improvements will be performed in a
workmanlike manner.
10. The appraiser must provide his or her prior written consent before the lender /client specified in the appraisal report
can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional
designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated)
to anyone other than the borrower, the mortgagee or its successors and assigns; the mortgage insurer, consultants;
professional appraisal organizations; any state or federally approved financial institution; or any department, agency,
or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute
the property description section of the report only to data collection or reporting service(s) without having to obtain the
appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal
can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media.
Freddie Mac Forth 439 (6.93) ClickFORMS Appraisal Software 800.622$727 Fannie Mae Form 10048 (6.93)
Page 3 of 10
File No. 0708012
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that
1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar
and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment
when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable
property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the
adjusted sales price of the comparable and, If a significant item in a comparable property is interior to, or less favorable
than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable.
2. 1 have taken Into consideration the factors that have an Impact on value in my development of the estimate of market
value in the appraisal report. I have not knowingly withheld any significant Information from the appraisal report and
believe, to the best of my knowledge, that all statements and information In the appraisal report are true and correct.
3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions,
which are subject only to the contingent and limiting conditions specified in this form.
4. 1 have no present or prospective Interest in the property that is the subject to this report, and I have no present or
prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or
completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex,
handicap, familiar status, or national origin of either the prospective owners or occupants of the subject property or of the
present owners or occupants of the properties in the vicinity of the subject property.
5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment
nor my compensation for performing this appraisal is contingent on the appraised value of the property.
6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any
related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event .
In order to receive my compensation and /or employment for performing the appraisal. I did not base the appraisal report
on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan.
7. 1 performed this appraisal Inconformity with the Uniform Standards of Professional Appraisal Practice that were
adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the
effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply.
I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of
market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this
report, unless I have otherwise stated In the reconciliation section.
8. 1 have personally inspected the interior and exterior areas of the subject property and the exterior of all properties
listed as comparables in the appraisal report I further certify that I have noted any apparent or known adverse conditions
In the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of .
which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the
extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on
the marketability of the subject property.
9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I
relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the
preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them
In the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks.
I have not authorized anyone to make a change to any Item in the report; therefore, if an unauthorized change is made to the
appraisal report, I will take no responsibility for it
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraiser report, he or she
certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal
report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications
numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report
ADDRESS OF PROPERTY APPRAISED: 6082 SW 63 STREET, SOUTH MIAMI, FL 33143
APPRAISER:
Signature:
Name: SEPH POMERANTZ
Date Signed: 09/04=7
State Certification #: ST CERT RES REA 1484
or State License #:
State: FL
Expiration Date of Certification or License: 11/30/2008
SUPERVISORY APPRAISER (only if required)
Signature:
Name:
Date Signed,
State Certification #:
or State License #:
State:
Ex !ration Date of Certification or License:
❑P Did ❑ Did Not Inspect Property
Freddie Mae Form 439 6.93 ClickFORMS Appraisal Software 800. 622.8727 Fannie Mae Form 10048 0-93
Page 4 of 10
COMMENT ADDENDUM
File No. 0708012
Case No.
Borrower MAUDE LANE BYRON & ROBERT HARRELL
Property Address 6082 SW 63 STREET
City SOUTH MIAMI County MIAMI -DADE State FL Zip Code 33143
Lender /Client -THE CITY OF SOUTH MIAMI CRA Address 9155 S DADELAND BLVD #1014, MIAMI, FL 33156
SUPPLEMENTAL ADDENDUM
SCOPE/EXTENT OF THE APPRAISAL THE "SCOPE OF THE APPRAISAL' MEANS THE EXTENT OF THE PROCESS OF COLLECTING,
CONFIRMING AND REPORTING DATA PERTINENT TO THE FORMATION OF A MARKET VALUE ESTIMATE FOR THE SUBJECT PROPERTY.
THE APPRAISAL IS BASED ON THE INFORMATION GATHERED BY THE APPRAISER FROM PUBLIC RECORDS, OTHER IDENTIFIED SOURCES,
INSPECTION OF THE SUBJECT PROPERTY AND NEIGHBORHOOD, AND SELECTION OF COMPARABLE SALES WITHIN THE SUBJECT MARKET
AREA THE ORIGINAL SOURCE OF THE COMPARABLES IS SHOWN IN THE DATA SOURCE SECTION OF THE MARKET GRID, ALONG WITH
THE SOURCE OF CONFIRMATION, IF AVAILABLE. THE SOURCES AND DATA ARE CONSIDERED RELIABLE. WHEN CONFLICTING
INFORMATION IS OBSERVED, THE SOURCE DEEMED MOST RELIABLE HAS BEEN USED. ALL OF THE RELEVANT ASPECTS OF THE
VERIFIED DATA RELIED UPON, ARE REPORTED WITHIN THIS REPORT. DESCRIPTIVE FACTORS AND A DISCUSSION OF THE DATA ARE
INCLUDED WITHIN THE REPORT.
SMSA: DADE COUNTY 5000, BROWARD COUNTY 2680, PALM BEACH COUNTY 6960.
CONDITION OF COMPONENTS: THE APPRAISAL CALLS FOR OPINIONS REGARDING CONDITION OF COMPONENTS OF THE SUBJECT
IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO; HEATINGICOOLING SYSTEMS, SURFACES, ELECTRICAL, MECHANICAL, ROOF, AND
PLUMBING SYSTEMS. THE CONDITIONS INDICATED IN THIS REPORT ARE BASED ON OBSERVATIONS MADE AT THE TIME OF INSPECTION.
IT IS ASSUMED THAT PROPERTIES UNDER CONSTRUCTION OR PROPOSED WILL BE COMPLETED WITH COMPONENTS IN LIKE NEW
CONDITION. REASONABLE EXPECTATIONS AS TO ADEQUACY ARE ASSUMED. THE REPORT DOES NOT CONSTITUTE CERTIFICATIONS. IF
CERTIFICATION IS REQUIRED, A QUALIFIED CONSULTANT SHOULD BE RETAINED.
ZONING AND BUILDING COMPLIANCE: THE OPINION OF ZONING COMPLIANCE EXPRESSED IN THIS REPORT IS BASED ON INSPECTION OF
THE PROPERTY AND GENERALLY AVAILABLE INFORMATION WITH RESPECT TO THE ASSIGNED ZONING CLASSIFICATION. THIS DOES NOT
REPRESENT A CERTIFICATION OF COMPLIANCE. THIS REPORT ALSO ASSUMES THAT THE PROPERTY, AS INSPECTED WAS BUILT IN
COMPLIANCE WITH ALL APPLICABLE CODES, REGULATIONS AND THAT ALL NECESSARY PERMITS WERE OBTAINED. THE APPRAISER
RESERVES THE RIGHT TO REVISE THE REPORT AS MAY BE NECESSARY IF ANY OF THE IMPROVEMENTS ARE DETERMINED TO BE
ILLEGAL STRUCTURES.
PERSONAL PROPERTY: PERSONAL PROPERTY, INCLUDING ITEMS WHICH MAYBE ATTACHED /AFFIXED TO THE REAL PROPERTY, HAS
NOT BEEN INCLUDED IN THE ESTIMATE OF VALUE UNLESS OTHERWISE INDICATED. EXAMPLES OF THE AFOREMENTIONED INCLUDE
ABOVE GROUND POOLS, COUNTERTOP MICROWAVE OVENS, SATELLITE DISHES, FURNITURE, ETC.
SITE VALUE: THE SITE VALUE IS BASED UPON RECENT SALES OF COMPARABLE SITES IN THE SUBJECTS NEIGHBORHOOD OR
COMPETING NEIGHBORHOODS. IF NO LAND SALES ARE AVAILABLE, THE SITE VALUE IS ABSTRACTED FROM IMPROVED SALES,
SUBJECT SKETCH: THE DIMENSIONS ON THE SKETCH ADDENDUM ARE FOR VISUAL AID ONLY. THE SKETCH IS NOT A SUBSTITUTE FOR A
PROPERTY SURVEY.
SQUARE FOOTAGE - COMPARABLE SALES: THE APPRAISER USES LIVING AREA IN THE MARKET ANALYSIS FOR THE SUBJECT AND THE
COMPARABLE SALE PROPERTIES. THE LIVING AREA UTILIZED FORTHE COMPARABLE SALES HAS BEEN OBTAINED FROM THE MOST
RELIABLE SOURCES INCLUDING OBSERVATIONS BY THE FIELD APPRAISER OF THE ACTUAL IMPROVEMENTS. HOWEVER THE APPRAISER
HAS NOT MEASURED THE SALE PROPERTIES OR HAD BENEFIT OF SURVEYS, UNLESS OTHERWISE NOTED.
THIRD PARTIES: THIS APPRAISAL REPORT HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT OF THE CLIENT NAMED ON THE FIRST
PAGE IT MAY NOT BE USED OR RELIED UPON BY ANY OTHER PARTY, WITHOUT THE PREPARERS WRITTEN CONSENT.
THE DIGITAL SIGNATURE USED IN THIS REPORT IS PASSWORD CONTROLLED BY THE APPRAISER, IT WAS CREATED BY THE APPRAISER
FROM AN ORIGINAL SCANNED SIGNATURE. IF THIS REPORT IS RECEIVED AS A'PDF" FILE IT IS LOCKED AND PASSWORD PROTECTED BY
THE APPRAISER.
AS PER USPAP CURRENT GUIDELINES THE REPORTED SALES HISTORY FOR THE SUBJECT AND THE COMPARABLE SALES INCLUDES ALL
REPORTED SALES FOR THE PAST THREE YEARS.
ClickFORMS Appraisal Software 800622.8727 Paoe • 5 of 10
LOCATION MAP ADDENDUM File No. 0708012
Case No.
Borrower MAUDE LANE BYRON & ROBERT HARRELL
Property Address 6082 SW 63 STREET
City SOUTH MIAMI County MIAM14)ADE State FL Zip Code 33143
Lender/Client THE CITY OF SOUTH MIAMI CRA Address 9155 S DADELAND BLVD #1014, MIAMI, FL 33156
f f I
7
II
m
7777�
ClickFORMS Appraisal Software 800622-8727 Page 6 of 10
—m Min
tar,
ClickFORMS Appraisal Software 800622-8727 Page 6 of 10
SUBJECT PHOTO ADDENDUM Five No. 0708012
CASE NO.
Borrower MAUDE LANE BYRON & ROBERT HARRELL
Property Address 6082 SW 63 STREET
City SOUTH MIAMI County MIAMI -DADE State FL Zip Code 33143
Lender /Client THE CITY OF SOUTH MIAMI CRA Address 9155 S DADELAND BLVD 91014, MIAMI, FL 33156
ClickFORMS Appraisal Software 800- 622 -8727
SUBJECT FROM STREET
STREET SCENE LOOKING EAST
STREET SCENE LOOKING WEST
Page 7 of 10
COMPARABLES 1.2.3 File No. 0708012
Case No.
Borrower MAUDE LANE BYRON 8 ROBERT HARRELL
Property Address 6082 SW 63 STREET
City SOUTH MIAMI County MIAMI -DADE State FL Zip Code 33143
Lender /Client THE CITY OF SOUTH MIAMI CRA Address 9155 S DADELAND BLVD #1014. MIAMI, FL 33156
ClickFORMS Appraisal Software 800 - 622 -8727
COMPARABLE SALE 9 1
6415 SW 60 AVE
SOUTH MIAMI, FL 33143
COMPARABLE SALE 9 2
6501 SW 60 AVE
SOUTH MIAMI, FL 33143
COMPARABLE SALE 3
6081 SW 64 TERR
SOUTH MIAMI, FL 33143
Page 8 of 10
COMPARABLES 4.5.6 File No. 0708012
CASE NO.
Borrower MAUDE LANE BYRON & ROBERT HARRELL
Property Address 6082 SW 63 STREET
City SOUTH MIAMI County MIAMI -DADE State FL Zip Code 33143
Lender /Client THE CITY OF SOUTH MIAMI CRA Address 9155 S DADELAND BLVD #1014, MIAMI FL 33156
NOT AVAILABLE
COMPARABLE SALE 4
6518 SW 60 AVE
SOUTH MIAMI, FL 33143
COMPARABLE SALE 5
6420 SW 59 PLACE
SOUTH MIAMI, FL 33143
COMPARABLE SALE 6
6415 SW 59 PLACE
SOUTH MIAMI, FL 33143
ClickFORMS Appraisal Software 800 -622 -8727 Page 9 of 10
r:
SUMMARY APPRAISAL REPORT
OF
2,250 SQUARE FOOT VACANT PARCEL
OWNER: MAUDE LANE BYRON AND ROBERT
HARRELL
LOCATED AT
6082 SW 63"D STRET
SOUTH MlAW, FLORIDA
AS OF
NOVEMBER 1, 2007
PREPARED FOR
MR. STEPHEN DAVID
EXECUTIVE DIRECTOR
COMMUNITY REDEVELOPMENT
CITY OF SOUTH MIAMI
6130 SUNSET DRIVE
MIAMI LAKES, FLORIDA
3665 N.W. 124TH AVENUE • CORAL SPRINGS, FLORIDA 33065
PHONE: 954 - 575 -2399 • FAX: 954 - 252 - 4504• EMAIL: RMAGINC@AOL.COM
EXHIBIT D
R APPj�
GROUP'a
INC
I
November 2, 2007
Mr. Stephen David
Executive Director
Community Redevelopment
City of South Miami
(� 6130 Sunset Drive
1 == South Miami, Florida 33143
�. Re: Maude Lane Byron and Robert Harrell
6082 SW 63rd Street
C South Miami, Florida
,,_Vk APP-9
e3
c. GROUPI.
INC.. .
(� Dear Mr. David:
L Pursuant to our appraisal agreement, we have completed an appraisal of the above-
captioned parcel. The purpose of the appraisal is to estimate the market value of the
subject parcel as of November 1, 2007. The properly consists of 2,250 square foot vacant
parcel of land. The function of the report is for the potential purchase of the property by
the City of South Miami as part of their Community Redevelopment Program. The
intended users, of this report are.the City of South Miami and their representatives.
Market value is defined as "the most probable price, as of a specified date, in cash, or in
terms equivalent to cash, or in other precisely revealed terms, for which the specified
property rights should sell after reasonable exposure in a competitive market under all
conditions requisite to a fair sale, with the buyer and seller each acting prudently,
knowledgeably,: and for self interest, and assuming that neither is under undue duress."
The attached report contains our analysis of the factual market data, which forms the basis
-for our conclusions. Your attention is directed to the Certificate of Valuation and the
Assumptions and Limiting Conditions, which form an integral part of the attached report.
3665 N.W. 124TH AVENUE • CORAL SPRINGS, FLORIDA 33065
PHONE: 954 - 575 -2399 • FAX: 954 - 252 -4504 • EMAIL: RMAGINC@AOL.COM
Mr. Stephen David.
November 2, 2007
Page 2
We have personally inspected the property that is the subject of this report The subject
property is not buildable on its own and would. need to be assembled for any future
development. As a result of this condition, we considered the value of the property as a
remnant parcel and also as part of assemblage. The review of these two conditions lead us
to conclude a market value within that range. Based upon the conclusions contained in the
attached Complete Summary Appraisal Report, in my opinion, the market value of the
property as of November 1,. 2007 is as follows:
TWENTY THOUSAND DOLLARS
($20,000)
submitted,
�
Miller, ASA
- C i ed General RE. Appraiser No. 0001270
MILLER
APPRAISAL
GROUP
INC.
TABLE OF CONTENTS
Certification............................................................................................................. ............................... l
Assumptions and Limiting Conditions .................................................................... ..............................2
Summary of Salient Facts and Conclusions ............................................................ ..............................4
LegalDescription ..................................................................................................... ..............................5
PropertyInspection .................................................:................................................. ..............................5
Typeof Property ....................................................................................................... ..............................5
Historyof Property ................................................................................................... ..............................5
Property Interest Appraised .....................:......:......................................................... ..............................5
Purpose of Appraisal .................... 5
Functionof Appraisal ............................................................................................... ..............................5
Definition of Market Value ...................................................................................... ..............................6
Dateof Value ............................................................................................................ ..............................6
MarketingPeriod ...................................................................................................... ..............................6
RegionalMap ........................................................................................................... ..............................7
Neighborhood Map and Description ....................... ............................... 8
................. ...............................
Sketchof Subject Property ...................................................................................... .............................10
Descriptionof the Property ..................................................................................... .............................11
Zoning...................................................................................................................... ..:..........................12
RealEstate Taxes .................................................................................................... .............................13
Highest and Best Use - Vacant .....:.......................................................................... .............................14 .
Sales Comparison Approach to Value .................................................................... .............................15
Reconciliation...:..................................................................................................... .............:................3 6
MILLER
APPRAISAL
GROUP
INC.
0 1 _-11 RIL -1-11F) -3
Photographs of the Subject Property
Qualifications of Appraiser
MILLER
APPRAISAL
GROUP
INC.
CERTIFICATION
The undersigned does hereby certify that except as otherwise noted in this appraisal report:
1. To the best of our knowledge and belief, the statements of fact contained in this
f appraisal report, upon which the analysis, opinions, and conclusions expressed
l herein are based, are true and correct.
2. The reported analysis, opinions, and conclusions are limited only by the reported
(— assumptions and limiting conditions, and are our personal, unbiased professional
analysis, opinions, and conclusions.
3. We have no present or prospective interest in the property that is the subject of this
report, and I (we) have no personal interest or bias with respect to the parties
involved.
4. Our compensation is not contingent on an action or event resulting from the
analysis, opinions, or conclusions in, or the use of, this report.
5. Our analysis, opinions, and conclusions were developed, and this report has been
prepared, in conformity with the requirements of the Uniform Standards of
Professional Appraisal Practice.
6. No one provided significant professional assistance in the preparation of this
report.
r7. Robert D. Miller has met or exceeded the minimum prescribed educational
requirements for Re- certification as an Accredited Senior Appraiser (ASA) or the
American Society of Appraisers.
D. Miller did make an inspection of the property that is the subject of this
The most recent inspection was on November 1, 2007.
'O'ff 15Cler' ASA
State Ce General R.E. Appraiser No. 0001270
MILLER
APPRAISAL
GROUP
INC.
ASSUMPTIONS AND LIMITING CONDITIONS
The legal description furnished to the appraiser is assumed to be correct.
All existing liens and encumbrances have been considered, however, the property is
appraised as though free and clear, under responsible ownership and competent
management.
The information identified in this report as being furnished to the appraiser by others is
believed to be reliable, however, the appraiser assumes no responsibility for its accuracy.
The plot plans and illustrative material in this report are included only to assist the reader
in visualizing the property.
It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or
structures that render it more or less valuable. No responsibility is assumed for such
conditions or for arranging for engineering studies that may be required to discover them.
It is assumed that there is full compliance with all applicable federal, state, and local
environmental regulations and laws unless noncompliance is stated, defined, and
considered in the appraisal report.
It is assumed that all required licenses, certificates of occupancy, consents, or other
legislative or administrative authority from any local, state, or national government or
private entity or organization have been or can be obtained or renewed for any use on
which the value estimate contained in this report is based.
It is assumed that the utilization of the land and any improvements is within the boundaries
or property lines of the properly described and that there is no encroachment or trespass
unless noted in'the report.
The distribution, if any, of the total valuation in this report between land and any
improvements applies only under the stated program of utilization. The separate
allocations for land and buildings must not be used in conjunction with any other appraisal
and are invalid if so used.
Possession of this report, or copy thereof, does not carry with it the right of publication. It
may not be used for any purpose by any person other than the party to whom it is
addressed without the written consent of the appraiser, and in any event, only with proper
written qualifications and only in its entirety.
MILLER
APPRAISAL
2 GROUP
NC.
ASSUMPTIONS AND LIMITING CONDITIONS (Continued)
Disclosure of the contents of this appraisal is governed by the ByLaws and Regulations of
the American Society of Appraisers.
The appraiser herein by reason of the appraisal is not required to give flu-ther consultation,
testimony, or be in attendance in court with reference to the property in question unless
arrangements have been previously made.
Neither all, nor part of the contents of this report, especially any conclusions as to value,
the identity of the appraiser, or the firm with which the appraiser is connected, shall be
disseminated to the public through advertising, public relations, news, sales, or other media
without the prior written consent and approval of the appraiser.
The Americans with Disabilities Act ( "ADA ") became effective January 26, 1992. I have
not made a specific compliance survey and analysis of this property to determine whether
or not it is in conformity with the various detailed requirements of the ADA. It is possible
that a compliance survey of the property, together with a detailed analysis of the
requirements of the ADA, could reveal that the property is not in compliance with one or
more of the requirements of the Act. If so, this fact could have a negative effect upon the
value of the property. Since I have not direct evidence relating to this issue, I did not
consider possible non - compliance with the requirements of ADA in estimating the value of
the property.
Unless otherwise stated in this report, the existence of hazardous materials, which may or
may not be present on the property, was not observed by the appraiser. The appraiser has
no knowledge of the existence of such materials on, or in the property. The appraiser is
not qualified to detect such substances. The presence of substances such as asbestos, urea -
formaldehyde foam insulation, or other potentially hazardous materials may affect the
value of the property. The value estimate is predicated on the assumption that there is no
such material on or in the property that would cause a loss in value. No responsibility is
assumed for any such conditions, or for any expertise or engineering knowledge required
to discover them. The client is urged to retain an expert in this field, if desired.
MILLER
APPRAISAL
3 GROUP
INC.
l
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
PROPERTY LOCATION:
OWNER'S NAME:
OWNER'S ADDRESS:
DATES OF INSPECTION:
SIZE OF SUBJECT PROPERTY:
PRESENT USE:
HIGHEST AND BEST USE:
IMPROVEMENTS:
ZONING:
COST APPROACH TO VALUE:
SALES COMPARISON APPROACH
TO VALUE:
INCOME APPROACH TO VALUE:
MARKET VALUE OF THE WHOLE
PROPERTY (RECONCILIATION):
DATE OF VALUATION:
6082 SW 63rd Street
City of South Miami, Miami -Dade County,
Florida
Maude Lane Byron and Robert Harrell
6082 SW 63rd Street
South Miami, Florida 33143
November 1, 2007
2,250 square feet
Vacant Land
Assemblage with adjoining parcels
None
RS-4 Single Family Residential
NIA
$20,000
N/A
$20,000
November 1, 2007
MILLER
APPRAISAL
4 GROUP.
INC.
LEGAL DESCRIPTION:
West %z of Lot 83, Block 13, less the north 10 feet of Franklin Subdivision as recorded in
the Official Records of Miami -Dade County, Florida. in Plat Book 5 Page 34
PROPERTY INSPECTION:
1. Date(s) inspected: November .1, 2007
2. Comments: The property is vacant.
TYPE OF PROPERTY:
The subject is a 2,250 square feet of land area and is zoned for a single family residential
use. The site is too small for development on its own.
HISTORY OF PROPERTY:
Their have been no transfers of the land since January of 1994.
PROPERTY INTEREST APPRAISED:
For the whole property, the property rights appraised are fee simple title ownership
considering any restrictions of use.
PURPOSE OF TBE APPRAISAL:
The purpose of the appraisal is to estimate the market value of the subject property as of a
current date.
FUNCTION OF THE APPRAISAL
The function of the appraisal is for utilization by. the City of South Miami in their
potential purchase of the property from Maude Lane Byron and Robert Harrell. The
intended users of the report are the representatives of Maude Lane Byron and Robert
Harrell, the City of South Miami, their legal counsel and any other designated
representatives.
MILLER
APPRAISAL
5 GROUP
INC.
DEFINITION OF MARKET VALUE:
` The most probable price in cash, as of a specified date, financial arrangements equivalent
to cash, or in other precisely revealed terms, for which the appraised property will sell in a
competitive market under all conditions requisite to a fair sale, with the buyer and seller
each acting prudently, knowledgeably, and for self-interest, and assuming that neither is
under duress.
�- EFFECTIVE DATE (DATE OF VALUE):
The date of value is November 1, 2007 the date of our latest inspection. The date of this
report is November 2, 2007.
MARKETING PERIOD
Based upon discussions with various brokers and review of the marketing period for
similar lands we have estimated a marketing period of six months or less. The estimated
marketing period is based upon our review of marketing periods for vacant land in the
subject market area.
COMPETENCY PROVISION
The appraiser has completed numerous vacant land appraisals in his 25 years as a real
estate appraiser in Miami -Dade County. As a result of the appraisers' experience, the
competency provision of USPAP has been met.
MILLER
APPRAISAL
6 GROUP
INC.
I REGIONAL MAP
7
NEIGHBORHOOD MAP
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NEIGHBORHOOD DESCRIPTION
The subject neighborhood is primarily a single - family residential neighborhood with
several church facilities located within the residential community. The majority of the
properties are single family oriented, with some neighborhood commercial developments
located within a few blocks of the subject property. There were several vacant lots and
residences slated for redevelopment noted in our review. The subject neighborhood does
have a few commercially zoned tracts that would provide for the local shopping needs of
j the residents. The City of South Miami has targeted this area for some redevelopment
activity.
Based upon our review of the neighborhood and the sales activity reviewed, it is our
opinion that the subject neighborhood is nearing a phase of development that will entail
new construction as well as renovation of existing residential properties. The small
pockets of neighborhood retail zoning should provide for sufficient capacity of commercial
uses to service the area residents and thus minimizing the already congested commercial
areas along US 1 (Dixie Highway). .
In our opinion, the subject neighborhood would be rated as stable with some upward
increase in market values associated with the potential for redevelopment in the area.
MILLER
APPRAISAL
9 GROUP
INC.
SKETCH OF THE SUBJECT PROPERTY
SW 63`d Street
25 Feet
10
V,n
i
MILLER
APPRAISAL
GROUP
INC.
DESCRIPTION OF THE PROPERTY
Location:
6082 SW 63`d Street, South Miami, Miami -Dade County, Florida. The site is vacant and is
located on the south side of 63rd Street on just west of SW 60d' Avenue.
Land Area:
The subject property contains 2,250 square feet of land with dimensions of 25 feet by
90 feet. We were not provided a survey and the information is based on our review of the
county and public information. We assume that the size indicated is reflective of the
subject property total size.
Shape/Dimensions:
The site is basically rectangular with dimensions of 25 feet by 90 feet, see sketch on
previous page.
Ingress/Egress:
The property has approximately 25 +/- feet of frontage on the south side of SW 63`d Street
with a depth of approximately 90 feet. The access to the site is from SW 63`d Street. We
were not provided a survey and the information is based on our review of the county and
public information. We assume that the size indicated is reflective of the subject property
total size.
Topography:
The topography of the site is at grade of the surrounding properties. Based upon visual
inspection of the site and buildings on adjacent properties, the soil conditions are
considered adequate for most types of development.
Utilities on Site:
The following utilities are available where indicated:
• Electric X Water
• Telephone X Sewer
MILLER
APPRAISAL
11 GROUP
INC.
DESCRIPTION OF THE PROPERTY (continued)
f ZONING:
The subject property is currently zoned RS-4 Single Family Residential. This zoning
category ' provides for the development of properties with a single family use and the
subject neighborhood consists of mainly RS -4 and RS -3 zoning a few small pockets of NR
f Neighborhood Retail and PI Public Institutional.
L.
r
ZONING MAP
EASEMENTS/ENCROACHMENTS
Restrictions, covenants, limitations and easement of record were considered typical for this
type of property.
MILLER
APPRAISAL
GROUP
INC.
REAL ESTATE ASSESSMENT DATA
Taxing Authority: Miami -Dade County
Taxpayer: Maude Lane Byron and Robert Harrell
Folio Number(s): 09 -4025- 010 -0770
Total Assessment: (2007) $42,651
Total Real Estate Taxes: (2006) $1,031.35
13
MILLER
APPRAISAL
GROUP
INC.
HIGHEST AND BEST USE - VACANT
The estimate of the highest and best use of the land as legally permitted, if vacant, requires
extensive market analysis especially in terms of the indicated market conditions of supply
and demand. The value of the land is based upon the level of utility that is in demand and
that will produce amenities or net income to the user. Therefore, the use which creates the
greatest land value and which is considered compatible in terms of the restrictions imposed
by the physical, legal, economic, and financial factors is inherent in this analysis.. The
following analysis is intended to demonstrate and support our estimate of the highest and
best use of the subject site.
Physically Possible
The subject property contains 2,250 square feet of land area. The site is basically
rectangular and is a substandard site. By itself, the property could not be developed
independently. The assemblage of this parcel with surrounding lands would make this site
available for a variety of potential uses.
Legally Permissible
The parcel is zoned for a single family residential type use. This use will provide for a
single family residence in an area of single family residential development. This use would
be compatible with the surrounding properties and would meet the intent of the land use
and zoning for this neighborhood.
Financially Feasible
The financially feasible uses of the parcel would include any of the legally permitted uses,
the site is legally permitted to be developed with a single family residential use. However
as stated in the review of physically possible uses, the site needs to be assembled with
adjoining lands to create a buildable lot. This would be the most financially feasible use of
the property.
Maximally Productive
The most maximally productive use of the site should produce the highest price or return
required by the market for that use. After determining those uses, which are physically,
possible, legally permissible and financially feasible, it is our opinion that the most
maximally productive use of the land, as vacant, is for some assemblage with adjoining
lands.
MILLER
APPRAISAL
14 GROUP
NC.
APPROACHES TO VALUE OMITTED-AS NOT APPLICABLE
f u :::i1 W7` ► i T�l
Since the subject site is basically a vacant parcel of land, the Market or Sales Comparison
Approach to Value is considered most applicable in this assignment. The highest and best
use was deemed to be for assemblage with adjoining property owners. Therefore a land
valuation was considered to be most applicable. As a result, the Cost and Income
Approaches to Value were not considered applicable.
MILLER
APPRAISAL
15 GROUP
INC.
ESTIMATE OF LAND VALUE
In order to arrive at the market value for the property, special attention must be given to
the typical purchaser who might have an interest in a particular property. Market Value is
the most probable sales price, which a property will bring and this price depends upon the
typical purchaser's reaction to the various supply and demand factors that affect the market
value. In this instance, the law of supply and demand is greatly diminished by the lack of
potential uses on the property. Therefore, we have had to consider the current lack of
potential uses and the limited supply of buyers that would have an interest in the purchase
of this type of property.
The Appraisal Process is basically an economic analysis consisting of a review of the
factors that affect market value. There are three approaches to value to be considered in
any appraisal, The Cost, Income and Market Approaches. In this instance, the Cost and
Income Approaches to Value will not be considered, as the subject property is a vacant
parcel. Therefore, the Market Approach to Value will be considered as the most
applicable method of valuation for the subject property. On the following pages, we will
submit the comparable sales considered in our analysis followed by a sales table, map,
analysis and value conclusion. This analysis will include two scenarios, which we will then
reconcile and consider in our final estimate of market value. First, we will consider the
property as an unusable remnant right of way parcel. Then, we will discuss the value of
the site based on adjoining land values in the area. After review of these two
methodologies, we will reconcile these two approaches into a market value estimate.
MILLER
APPRAISAL
16 GROUP
INC.
COMPARABLE VACANT LAND SALE NUMBER 1
RECORDED:
OR BOOK 32294 PAGE 1402
FOLIO NO:
48- 42 -35 -29 -0040
DATE OF SALE:
October 30, 2001
GRANTOR:
State of Florida DOT
GRANTEE:
Patrizio and Adriana Liuzzi
CONSIDERATION:
$18,000
FINANCING:
Cash to Seller
EFFECT ON SALES PRICE:
None
CONDITION OF SALE:
Arms Length
PROPERTY RIGHTS CONVEYED:
Fee Simple
ENCUMBRANCES:
Subject to Utilities in Place
EFFECT ON PURCHASE PRICE:
None
PHYSICAL CHARACTERISTICS:
LOCATION:
Southwest comer of Dixie Highway and
LAND SIZE:
NW 10 Street, Delray Beach
11,327 square feet
MILLER
APPRAISAL
17 GROUP
INC.
COMPARABLE VACANT LAND SALE NUMBER I (CONTINUED)
HIGHEST AND BEST USE: Assemblage
LEGAL DESCRIPTION: Length legal
APPRAISAL INDICATORS:
SALE PRICE PER SQ FT: $1.59
CON EVIENTS: Property was a remnant unusable parcel of
land that was declared surplus by the
FDOT. The adjoining owners were able to
negotiate the sale with FDOT.
MILLER
APPRAISAL
18 GROUP
INC.
COMPARABLE VACANT LAND SALE NUMBER 2
RECORDED:
OR BOOK 30116 PAGE 1722
FOLIO NO:
48- 43 -06 -12 -0010
DATE OF SALE:
December 21, 1999
GRANTOR:
State of Florida DOT
GRANTEE:
Joan Jerkins
CONSIDERATION:
$7,000
FINANCING:
Cash to seller
EFFECT ON SALES PRICE:
None
CONDITION OF SALE:
Arms Length
PROPERTY RIGHTS CONVEYED:
Fee Simple
ENCUMBRANCES:
Subject to existing Utilities in Place
EFFECT ON PURCHASE PRICE:
None
PHYSICAL CHARACTERISTICS:
LOCATION:
LAND SIZE:
19
Northwest corner of Dixie Highway and
SW 0 Street, Delray Beach
4,652 square feet
MILLER
APPRAISAL
GROUP
INC.
COMPARABLE VACANT LAND SALE NUMBER 2 (CONTINUED)
HIGHEST AND BEST USE: Assemblage
LEGAL DESCRIPTION: Lengthy Legal
APPRAISAL INDICATORS:
SALE PRICE PER SQ FT: $1.50
CONMEENTS: The site was a remnant parcel from the
Dixie Highway road - widening project.
The property was declared surplus and was
unusable by itself. The adjoining owner
was able to negotiate a purchase price with
FDOT.
MILLER
APPRAISAL
20 GROUP
INC.
r
COMPARABLE VACANT LAND SALE NUMBER 3
RECORDED:
OR BOOK 26462 PAGE 217
FOLIO NO:
50- 41 -37 -01 -0010
DATE OF SALE:
May 22, 1997
GRANTOR:
State of Florida DOT
GRANTEE:
Carmax Auto Superstores, Inc.
CONSIDERATION:
$10,738
FINANCING:
Cash to seller
EFFECT ON SALES PRICE:
'None
CONDITION OF SALE:
Arms Length
PROPERTY RIGHTS CONVEYED:
Fee Simple
ENCUMBRANCES:
Driveway easement to Grantee
EFFECT ON PURCHASE PRICE:
None
PHYSICAL CHARACTERISTICS:
LOCATION:
LAND SIZE:
North side of State Road 84 at SW 75''
Avenue, Davie, Florida
15,344 square feet
MILLER
APPRAISAL
21 GROUP
INC.
I
COMPARABLE VACANT LAND SALE NUMBER 3 (CONTINUED)
HIGHEST AND BEST USE: For Assemblage
LEGAL DESCRIPTION: Lengthy
APPRAISAL INDICATORS:
SALE PRICE PER SQ FT: $0.70
COMMENTS: This sale involves a remnant parcel of land
that had a driveway easement for the
benefit of the grantee thru the parcel. The
property was declared surplus by the
FDOT and the owner was able to negotiate
a purchase at $10,738. The sale price
reflected a value equal to 20% of the
appraised value for the site assuming full
utility.
MILLER
APPRAISAL
22 GROUP
INC.
i COMPARABLE VACANT LAND SALE NUMBER 4
j RECORDED:
OR BOOK 31156 PAGE 1493
FOLIO NO:
49- 42 -03 -00 -0012
DATE OF SALE:
December 29, 2000
GRANTOR:
Thelma Johnson, et al
GRANTEE:
Atlantic Business Center, LC
i
CONSIDERATION:
$50,000
1 FINANCING:
Cash to seller
EFFECT ON SALES PRICE:
None
CONDITION OF SALE:
Arms Length
PROPERTY RIGHTS CONVEYED:
Fee Simple
J
ENCUMBRANCES:
None
EFFECT ON PURCHASE PRICE:
None
PHYSICAL CHARACTERISTICS:
LOCATION:
LAND SIZE:
North of Atlantic Boulevard, west of the
Railroad Right of Way, west of Andrews
Avenue Extension, Delray Beach, Florida
46,114 square feet
MILLER
APPRAISAL
23 GROUP
INC.
COMPARABLE VACANT LAND SALE NUMBER 4 (CONTINUED)
HIGHEST AND BEST USE: For Assemblage
LEGAL DESCRIPTION: Lengthy
APPRAISAL INDICATORS:
SALE PRICE PER SQ FT: $1.08
COMMENTS: This sale involves an irregular shaped
parcel located on the east side of the
railroad right of way and was assembled
by the adjoining land owner. The seller
had limited to no utility on the parcel.
MILLER
APPRAISAL
24 GROUP
INC.
SUMMARY OF COMPARABLE SALES DATA
SALE SALE. LAND $!SF
SALE LOCATION DATE PRICE SIZE LAND COMMENTS
NO.
1 DIXIE HIGHWAY Oct -01 $18,000 11,327 $1.59 ASSEMBLAGE- REMANT PARCEL
2 DIXIE HIGHWAY Dec -99 $7,000 4,652 $1.50 ASSEMBLAE- REMNANT PARCEL
3 STATE RD 84 May -97 $10,738 15,344 $0.70 ASSEMBLAGE OF CARMAX SITE
N OF ATLANTIC BLVD,
WEST OF RAILROAD ASSEMBLAGE- IRREGULAR SHAPE
4 ROW Dec -00 $50,000 46,114 $1.08 ALONG RAILROAD RIGHT OF WAY
SUBJECT NW 1ST STREET 2,250
MILLER
APPRAISAL
25 CROUP
INC.
VALUATION - SALES COMPARISON APPROACH TO VALUE
We reviewed numerous comparable sales located within the South Florida Area. In this
instance, we attempted to review sales of remnant or unusable parcels of land that have
been purchased by adjoining or interested parties. The four sales included are a sampling
of the sales reviewed in our review. Also considered in our analysis was the purchase of
platted right of ways in Palm Beach County, that were purchased by adjoining land owners
and the purchase in Dade County of the acquisition of abandoned right of way by an
investor at tax deed prices of roughly $0.10 to $0.50 per square foot. The Palm Beach
right of way was purchased by the adjoining landowner in November of 1995 for $0.60
per square foot for a 4.90 acres tract of platted right of way.
The four sales reviewed indicate a wide range in values for the subject property
considering a unit sale price per square foot. The low end of the range is the purchase of a
i_ remnant parcel on State Road 84 that sold in 1997 for $0.70 per square foot of land area.
This parcel was purchased, more for the nuisance value, than for the need to acquire the
parcel. The adjoining parcel owner had use of the property via an ingress/egress easement
and therefore the need to purchase was not required to use their lands. Sales 1 and 2 are
sales of remnant parcels that were purchased by adjoining owners for future use and
assemblage with their parcels. These sales were in the $1.50 to $1.59 per square foot range
and these sales were located in Pompano Beach on the west side of Dixie Highway. Sale 4
was the purchase of a triangular shaped parcel of land that had little utility purchased as
part of an assemblage.
In our opinion, all of these sales are purchases of land, more to protect their adjoining
lands than for the assemblage value. These adjoining property owners had previously
developed lands and did not need these lands for the continued use of their properties.
Therefore, their purchase was more for future use and not immediate assemblage. Based
on our review of the sales data, we are of the opinion that the property would have a unit
sale price of $1.50 per square foot of land, as an un buildable site. This indicates a market
value of the property as follows:
2,250 Square Feet x $1.50 per SF = $3,375 say $3,500
This analysis does not consider the demand for the property for immediate redevelopment
by the adjoining land owners. Next we will consider the value of the property based on an
across the fence analysis.
MILLER
APPRAISAL
26 GROUP
INC.
1
COMPARABLE VACANT LAND SALE NUMBER 5 - DATA SHEET
RECORDING DATA:
LOCATION OF SALE:
GRANTOR:
GRANTEE:
LEGAL DESCRIPTION:
DATE OF SALE:
DMENSIONS /SIZE:
CONSIDERATION:
FINANCING:
FW �1 i�
SALE PRICE PER SQ FT:
TYPE OF INSTRUMENT:
MPROVEMENTS:
CONDITIONS OF SALE:
ENCUMBRANCES:
VARIOUS ON -SITE
County: Miami -Dade
OR Book & Page: 25790 -4217
Folio No. 094025- 000 -0700
6096 SW 64`" Street, South Miami, Florida
Miami -Dade County
GE Investment Group, Inc.
North 105.40 feet of the east' /2 of NW 1 /4 of
NW' /a of SE' /a less street.
July 19, 2007
3,350 square feet
$31,400
Cash to seller
RS-4 Low Density Residential
$9.37 per square foot of land area
Tax Deed
None
Arms Length
Restrictions, covenants, limitations and
easement of record. No apparent affect on
sale price.
UTILITIES: All utilities available to the site
COMMENTS: Small residential lot with dimensions of 50 .
feet by 67 feet after deducting the land in
the road right of way. Purchased as tax
deed from the county.
MILLER
APPRAISAL
27 GROUP
INC.
r -
COMPARABLE VACANT LAND SALE NUMBER 6- DATA SHEET
RECORDING DATA: County: Miami -Dade
OR Book & Page: 24244 -1416
Folio No. 09- 4025- 061 -0520
LOCATION OF SALE: 5791 SW 58" Court, South Miami, Florida
GRANTOR:
GRANTEE:
LEGAL DESCRIPTION:
DATE OF SALE:
DIMENSIONS /SIZE:
CONSIDERATION:
FINANCING:
ZONING:
SALE PRICE PER SQ FT:
TYPE OF INSTRUMENT:
IMPROVEMENTS:
CONDITIONS OF SALE:
ENCUMBRANCES:
VARIOUS ON -SITE
UTILITIES:
COMMENTS:
Jorge R. Perez - Poveda
Paticia Mendoza and Fransico Rabassa
Lot 25, Block 1 Gables Edge Subdivision
PB 94, Page 54
January 19, 2006
10,232 square feet
$288,750
Cash to seller
RS -4 Single Family Residential
$19.55 per square foot of land area
Special Warranty Deed
The property is vacant residential zoned site
located on a cul -de -sac
Arms Length
Restrictions, covenants, limitations and
easement of record. No apparent affect on
sale price.
All utilities available to the site
The site has a Residential zoning
classification and is located in the subject
neighborhood. Sets the upper limit of
market value for the subject property,
MILLER,
APPRAISAL
28 GROUP
INC.
i
COMPARABLE SALE NUMBER 7- DATA SHEET
i RECORDING DATA: County: Miami -Dade
OR Book & Page: 24856 -1256
Folio No. 09 -4025- 000 -0390
LOCATION OF SALE: 6740 SW 64`" Court, South Miami, Florida
GRANTOR: William R. and Rosalie Liddy
GRANTEE: Carlos Martinez and Jennifer Pankow
LEGAL DESCRIPTION:
DATE OF SALE:
DIlVIENSIONS /SIZE:
CONSIDERATION:
FINANCING:
ZONING:
SALE PRICE PER SQ FT:
TYPE OF INSTRUMENT:
IMPROVEMENTS:
CONDITIONS OF SALE:
ENCUMBRANCES:
VARIOUS ON -SITE
UTILITIES:
COMMENTS:
Lengthy legal, see deed.
August 15, 2006
31,363 square feet
$560,000
Cash to seller -1St mortgage - $448,000
RS -3 Single Family Residential
$17.22 per square foot of land area
Special Warranty Deed
None
Arms Length
Restrictions, covenants, limitations and
easement of record. No apparent affect on
sale price.
All utilities available to the site
The site is a larger developable lot with a
slightly different zoning classification.
MILLER.
APPRAISAL
29 GROUP
INC.
COMPARABLE VACANT LAND SALE NUMBER 8- DATA SHEET
RECORDING DATA:
County: Miami -Dade
.
OR Book & Page: 22635 -18611
Folio No. 094025- 090 -0180
• LOCATION OF SALE:
Southeast corner of SW 63rd Street and SW
62nd Avenue, South Miami, Florida
GRANTOR:
RPS Investments, Inc.
GRANTEE:
Ben Horenstein
LEGAL DESCRIPTION:
Lots'21 to 24, Block 2 of Pines Subdivision,
_
PB 13 Page 2
DATE OF SALE:
August 17, 2004
DEWENSIONS /SIZE:
9,000 square feet
CONSIDERATION:
$165,000
FINANCING:
Cash to seller
' ZONING:
RS -4 Single Family Residential
SALE PRICE PER SQ FT:
$18.33 per square foot of land area
TYPE OF INSTRUMENT:
Special Warranty Deed
EWPROVEMENTS:
The property is improved with an older
residential property on four sub standard
width lots.
CONDITIONS OF SALE: Arms Length
ENCUMBRANCES: Restrictions, covenants, limitations and
easement of record. No apparent affect on
sale price.
VARIOUS ON -SITE
UTILITIES: All utilities available to the site
COMMENTS: The site has a small improvement on a larger site.
MILLER
APPRAISAL
30. GROUP
INC.
t
i COMPARABLE VACANT LAND SALES MAP
I
C.; 5 & .� Lr�_rU - ^. ##— fC�W
S(S W 14TH TER NS 1Lila f mil' N ,S C
sw
zlsr ' s rl ST , 4 2 G.i. �4
^- ...�...Y
>> �N> `i .i N pf f GREEtV WWAY
sw 24T e} H ST. CORAL VNA`L iL
r
sw
H ogyln�w tf la
SEVILLA
es� f m I +r sr { r Qd 'tis 48e n V nc ^e t 4 0
>�SkY 3DT(i _.:.___ j 0 2j E r. rIC� F'G..{ !-: P'
y - ° -' °,.t tl #. U J't ft ,.H w, Ui i 4.^� II
41 +v t f c1 #{ b AY_ts Mi,.eSW TrA. ®..
yruo 4� 5 aw 327�D ST � -+�
_ .i, -w, Z�_AN STASIA - y•5 sEHn ST M ya�,;� y
pi* Qt e., `✓ 1?CU6 pPE�
SW 34TH m BT Iiieaxas �fita ' Sw "A r r7T,ki l7y�B
'.:P'°
_ SW �^t
NFv4 OSW 377H �: ST ¢ ; �: ��h 0: 853 ._._. ,fl 29TH ST. / k 5T.
s 4A h 0 3 r SF >, FS 1 1.3T71,
hill,� i
SW 4�OT'H r— ST.— BIRD ROAD C'.IP,k3-
:. LsW i 42ND ! } --..42'.£457 _;a N4µy2ttiD �', (4 c m !°y;�?
ST, ^% i RR ST TERM
sE a� SWa4TF� vvfGt ST ! Z tlI ova a£ Q Gs
{ 1 T > r
46TH _? 5' A>_ ...ri'';, Ra Q�� GrzlAND � A Avc \411 s
v s i Q m .". �tfi Feanrti•t
l: l- zS2ND - p °""' s f? a d ��6 44.RW �____, Av£ -AYE elf i
❑RIY_E...,. °, t 41 T.:..- R..m Ca 4 ... p'--'PQI.N_G�0.N.�.ESVE o V
..
n
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�ApJ 5
n ey z D
3tl _s.;_......._:a+ -L� R ¢�^- Pi2 "'ti's
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a nv
@4T_.__:ss7'
sT
= [[ ^ e
Ave. '
# 2 sou; k1ARDEE�' ¢i 4 RD. E. _% RTtLvlo
826 ssTH m y pis' ? 'r 11 o 4 ave
i
4y - N Cm
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EW
,i613... fn6 _QCQ
Sv47GLH
r 5Ew 7 W�?i 77--
T 3� EY
} tiryi- TERR r n uo4.
dt r� Na( III z
SF ..,.. _ ...._. SW ... BOTHI..B7. . ;,._,......
Wo
SW
F. a`lY 0, 1 _ y_ ASUARINA
n a ". sw�`
Gn fVA BSS'Wi F{ m fg o� Z'
,. SF u N p0,. 1:UCAO�yp'iA oR
s
t J
5.V1 S 4
+.- 92ND { {{ ST.
Lt
S.W.
96TH ST.IT 51V .perm 'A 9cTli _..ST. '�' fl E'
D S_W 9arH _ - ST oU f�
Z -'39Ttj { k
D r s TERR Scv ',q"£';Ft$ '"k€"RC�£ `4w ,<;A FcLx a
/ 31r r- > p .sw _,..._.ioz,NO.._ _._ sT -iotsr `r'
1 wn U [ sr
yv
,lw iF1O i� GS.3 R' Yh E My
m ;Q > ; p iY 0, Sr »S SW DST �:ia 's 'iiiF $'29":&§N t S t
J_.,_.. ...;�F .;,.
K.r^ST I o- ST.
Orff_'
tr ita
n - �IYi3tt
MILLER
APPRAISAL
31 GROUP
INC.
l
i
SUMMARY OF VACANT LAND SALES
SALE
SALE
SALE
SITE
UNIT SALE
#
LOCATION
DATE
PRICE
SIZE
IMPROVED
ZONING
PRICE
5
6096 SW 64th St
07/19107
$31,400
3,350
NO
RS-4
$
9.37
` 6
5791 SW 58TH CT
01/12/06
$200,000
10,232
NO
RS-4
$
19.55
7
6740 SW 64TH CT
08/01/06
$560,0000
31,363
NO
RS -3
$
17.22
-
SEC 63RD ST AND
8
62ND AVE
8117/04
$165,000
9,000
YES
RS-4
$
18.33
32
MILLER.
APPRAISAL
GROUP
INC.
SALES COMPARISON APPROACH
We have reviewed vacant and improved properties or sales that are located in the general
vicinity of the subject property. The sales are located inclose proximity to the subject
property within the City of South Miami. All of the sales had some type of residential
zoning with three of the sales having the same RS-4 zoning classification. We considered
the sale price per square foot of land area to be the most applicable unit of comparison.
This analysis takes into consideration the market value of the site as a buildable lot in
consideration of the across the fence analysis
Market Data Analysis
Overall, the sale properties range, in size from 3,350 square feet to 31,363 square feet and
the subject property contains a total of 2,250 square feet of land area. The review of
similar size sites allows us the opportunity to view sales with similar physical restraints.
These are the most comparable sales that we were able to review in the South Miami
market within the past four years. The land sales indicated a wide range from a low of
$9.37 per square foot of land area for a small residentially zoned site to $19.55 for a larger
residential site located on a cul -de -sac. One of the sales was improved with an older
building that contributed only minimal value to the overall sale price.
Conditions of Sale:
All of the comparable sales utilized in direct comparison were arm's length transactions
with the exception of Sale 5, which was the transfer of the property via a tax deed. This
sale, although sold at an open auction, did not have the same market exposure as most
-- properties sold at market value. This will be considered in our overall analysis and in our
final conclusion. No adjustment for condition was made, although the circumstances of
Sale 1 were considered in our final review.
Property Rights Conveyed:
The property rights appraised for the subject are fee simple subject to the existing
easements. The property rights conveyed for the sales utilized in direct comparison are fee
simple. Thus, no adjustment for property rights is indicated.
Financing:
Vacant land of this type is generally acquired for. cash or construction loans with
institutional financing. Often times, the financing is obtained in the form of an acquisition
and development loan. However, it is not uncommon for the seller to provide short term
financing. However, all of the sales presented for direct comparison were acquired for
cash or with market -based financing. Therefore, no adjustment for financing is indicated. MILLER
APPRAISAL.
33 GROUP
INC.
SALES COMPARISON APPROACH TO VALUE (Continued)
Market Conditions:
We have analyzed numerous sales in the subject area, in the time period from roughly
2000 to the present. The sales took place between August of 2004 thru July of 2007. Our
review of the market indicated some large increases in land values in the South Miami area
from 2004 to the end of 2006. Overall, the market has flattened out since then and the
review of the sales in the 2004 to 2006 time frame indicate no adjustment is necessary.
The most recent sales was a tax deed and thus not indicative of the sale with normal
exposure and marketing. No adjustments were considered in our review of the sales data.
Location:
Locational characteristics deemed significant for residential land include access,
surrounding demographics, surrounding properties, supply of competitive land, etc.
The subject property is located on an interior residential street. The sales have similar
locations with Sale 6 being located on a cul -de -sac. Of all of the sales, this sale was
considered superior overall.
Size:
The subject property contains 2,250 square feet. All of the sales were larger in size with
Sale 5 being most similar in size. Sale 5 does have sufficient width for development.
Based on our review of the sales and their respective sizes, no adjustment for size was
considered to be applicable, especially considering that we are basing the market value on
an across the fence value for potential assemblage.
Improvements:
Sale 8 had an older improvement and this was considered in our overall analysis.
MILLER
APPRAISAL
34 GROUP
INC.
SALES COMPARISON APPROACH TO VALUE (Continued)
Zoning
All of the properties had residential zoning classifications with Sale 7 having an RS -3 .
zoning classification. No adjustment for zoning was considered applicable in our review
of the sales and the differences in the potential uses of the sites.
CONCLUSION OF VALUE — SALES COMPARISON APPROACH TO VALUE
Based upon our review of the sales data, it is our opinion that these sales are most
comparable and indicative of the value of the subject property. There is generally a
scarcity of sales for small sites with a similar zoning classification in the City of South
Miami. The use of these sales, as well as a review of sales of improved properties,
provided us with a range of market values that we considered in our analysis.
Based on our review of the sales data, the location, the size and the overall marketability of
the subject property, we have estimated the market value of the subject property to a
market value conclusion of $18.00 per square foot of land area, based on the across the
fence valuation. Therefore, it is our opinion that the subject property would have a market
value as of a current date as follows:
2,250 square feet x $18.00 per square foot = $40,500
MILLER
APPRAISAL
35 GROUP
INC.
RECONCILIATION
The reconciliation involves the analysis of the various approaches to value. In this
assignment, the Sales Comparison Approach to Value was the only applicable method
of valuation. The Cost and Income Approaches were not considered applicable since
the property is vacant land. We considered two methodologies in the estimation of the
market value for this property. The "across the fence" methodology and the remnant
land value methodology. The review of these indicated the following.
"Across The Fence"
2,250 Square Feet x $18.00 per SF = $40,500
Remnant Parcel
2,250 Square Feet x $1.50 per SF = $3,375 say $3,500
In the "across the fence" scenario, it is assumed that the adjoining property owners need
the land for their development. In the subject property analysis, we do not feel that this
is the case. The surrounding properties could redevelop without this parcel. If they do
that the property owner's value would be reduced to a nuisance value or our value
conclusion of $3,500. However, the CRA does not want to complete a redevelopment
of the neighborhood and leave a nuisance parcel in the middle of the project, so there is
some motivation for the CRA to pay a higher value than the remnant value and
likewise, since the demand for this property is mainly from the CRA, the seller can not
expect to receive full value for this property.
In order to arrive at an equitable land value for this type of property, we considered
several historical cases of similar instances. Our sale 3 was appraised at roughly
$40,000 using an "across the fence" scenario, yet was negotiated to a number equal to
about 25% of the neighboring land values. Based on this example, we felt that a higher
percentage would be applicable to the subject property as the buyer of this property
already owned access rights to the property and thus really did not need the property.
Another example involved two trials that we participated in for some right of way
parcels in Dade County. The jury arrived at a market value conclusion between 65 and
80% of the "across the fence" values. These properties were also slightly different, as
the adjoining property owners needed to acquire these properties to begin development.
MILLER
APPRAISAL
36 GROUP
INC.
RECONCILIATION (Continued)
Considering the review of these examples, it is our opinion that a fair market value for
the subject property would be somewhere in the range of the market value conclusions
indicated. Based on the review of the examples, we feel that a market value equal to
50% of the "across the fence" scenario would be applicable. This takes into
consideration that the buyer would not be paying full price and also knowing that the
buyer would pay above a nuisance value for the lands. Therefore, we are of the opinion
that the market value of the subject property would be as follows:
$40,500'x 50% or $20,250 say $20,000
In reviewing our sales, Sale 5 is most similar in size to the subject property and sold via
a tax deed. This sale was at $9.37 per square foot. The subject property with a value
conclusion of $20,000 indicates a unit sale price of $8.89 per square foot, which appears
applicable considering the purchase of Sale 5. Based upon our review of the various
scenarios considered in the Market Approach to Value, it is our opinion that the market
value of the subject property as of November 1, 2007 is as follows:
TWENTY THOUSAND DOLLARS
($20,000)
MILLER
APPRAISAL
37 GROUP
INC.
Mki,e
AP R
PRA /�
GRGU AC
Ill, P
..� .
\ i I a MAYA, 13, ff $fLf :<
QUALIFICATIONS
ROBERT D. MILLER, ASA
EDUCATION: Appraisal Institute Courses
SSP Standards of Professional Practice
I -A Fundamentals of Real Estate Appraisal
I -B Capitalization Theory and Techniques
8 Appraising a Single- Family Residence
2 -1 Case Studies in Real Estate Valuation
2 -2 Report Writing
Business Valuation Seminar
Litigation Valuation
Other Appraisal Courses
Mass Appraisal of Residential Properties
Florida State Law and USPAP
Factory Built Housing
Automated Valuation Models
PROFESSIONAL Senior Member of American Society of Appraisers -
AFFILIATION: South Florida Chapter No. 82 — Accredited Senior Appraiser (ASA) Real
Property Urban
LICENSED:
EXPERIENCE:
QUALIFIED AS
EXPERT WITNESS FOR:
HAS COMPLETED:
Real Estate Broker- State of Florida
Certified General Real Estate Appraiser #0001270- State of Florida
1995- Present Real Estate Appraiser- Owner Appraisal Firm
1993 -1995 Vice President -The Urban Group, Inc.
1978 -1993 Real Property Analysts, Inc., Fort Lauderdale,
Florida, Executive Vice President
1987 Involved in United States Senate Study Right -of -Way
Acquisition Procedures
Condemnation proceeding in Lake, Kankakee, Cook and DuPage Counties,
Illinois and Broward, Dade, Monroe, Palm Beach and Duval Counties, Florida.
Testified in Bankruptcy Court in Florida and Texas and Federal Court in Miami,
Florida
Appraisal Assignments
Commercial, vacant and improved
Condemnation projects
Industrial, vacant and improved
Multi - family residential,
Mobile Home Parks
Office, vacant and improved
Special purpose properties
Review Services
Counseling
Acquisition projects
Income tax analysis
Investment analysis
Tax assessments
ROW Cost Analysis
Special assessments
MILLER
APPRAISAL
GROUP
INC.
VARIOUS CLIENTS OVER THE PAST TEN YEARS
GOVERNMENT
PRIVATE
ATTORNEY
BROWARD COUNTY
BRO WARD COUNTY AVIATION DEPARTMENT
BROWARD COUNTY SCHOOL BOARD
CHARLOTTE COUNTY
CITY OF CORAL SPRINGS
CITY OF DELRAY BEACH
CITY OF FORT LAUDERDALE
CITY OF FORT MYERS
CITY OF HALLANDALE BEACH
CITY OF HOLLYWOOD
CITY OF LAUDERDALE LAKES
CITY OF KEY WEST
CITY OF MARGATE
CITY OF MIAMI SPRINGS
CITY OF IvBRAMAR
CITY OF POMPANO BEACH
CITY OF RIVIERA BEACH
CITY OF SUNRISE
FEDERAL AVIATION ADMINISTRATION
FLORIDA DEPARTMENT OF TRANSPORTATION
LEE COUNTY
PALM BEACH COUNTY
PALM BEACH COUNTY SCHOOL BOARD
SMALL BUSINESS ADMINISTRATION
SOUTH FLORIDA WATER MANAGEMENT
TOWN OF DAVIE
ALTMAN DEVELOPMENT CORPORATION
BELLSOUTH MOBILITY
CLEAR CHANNEL OUTDOOR
CLEVELAND CLINIC
LENNAR HOMES
THE TAUBMAN COMPANY
SBA TOWERS INC.
UNITED HOMES
WAL -MART CORPORATION
BECKER & POLIAKOPF
BRIGHAM -MOORE
COKER AND FEINER
BRIAN PATCHEN PA
HOLLAND & KNIGHT
RUDEN MCCLOSKY
TEW CARDENAS
WEISS SEROTA- HELFCMANBON MILLER
APPRAISAL
GROUP
INC.
'EXHIBIT A
South Miami '
Cite o f SmAt .lVliand
All-
' Grants Administration ian,edcac j
2001
For the past six months, I have completed and submitted reimbursement requests on a number of projects that were
pending closure. In addition, a number of monthly and quarterly progress reports have been submitted to grant
funding agencies such as the Florida Department of Environmental Protection Agency, Florida Department of
Agriculture and Consumer Affairs, Miami -Dade County's Office Community and Economic Development, Miami -
Dade County's Office of Safe Neighborhood Parks, the Environmental Protection Agency, Dr. Tango and the
Florida Department of Health. The following is a list of assignments and project that have been carried out:
• Conducted needs assessment with City departments
• Drafted agenda items for grant acceptance and extensions of grants
• Attended contract execution meetings and workshops
• Prepared, documents for all audits and monitoring visits for current contracts
• Attended mandatory consultations with various funding agencies
• Participated in County-wide Conference Calls
• Presentations for grant applications
• Recorded Brewer Park site designation at Miami -Dade Clerk of Courts (Recorder's Office)
• Oversaw the National Pollutant Discharge Elimination System (NPDES) Year 4 audit process
• .Completed the revisions to the NPDES Year 4 Annual Report
• Attended meetings at Department of Environmental Resource Management
• Attended Local Mitigation Strategy Meetings (County -wide)
• Attended Parks and Recreation Board Meeting
• Attended Children's Trust's Tapestry Training
• Updated the Tapestry system on the City's behalf (quarterly)
• Attended quarterly Terrorism Advisory Committee (TAC) meetings
• Obtained staff scholarship for the Florida After Schobl Association (FASA) Conference
• Registered.with Grants.gov, Central Contract Registry, Responder Knowledge Base, and the Federal
Authorized Organization Registration for electronic submission of grants federal grants
• Attended the Section 3 HUD Workshop
• Attended the CITT city-wide workshop
• Attending monthly Center for Non - Profit Effectiveness grant writing and fundraising seminars
• Represented the City at the FPL Hurricane Preparedness Workshop
• Attended several Municipal Meeting at the Miami -Dade Office of Emergency Management
• Attended E -Team Systems Training
• Submitted Emergency Operations Plan to Miami -Dade County
• Attended the Alliance for Human Services' Bidders' Conference
• Attended City Commission Meetings
• Attended Public Workshop for Dante Fascell and Murray Park
• Attended State of the City Address
• Attended 80'h Anniversary Events
• Participated in the Disaster Recovery Conference Call (state -wide)
• Preparing grants packages, and reimbursement documents with copies and hand delivering or mailing
documents at the post office
• Preparing contracts for execution by city manager and related city staff
• Government Performance and Results Act of 1993 (GPRA) survey calls to Business District
• Respond to emails, letters, and phone calls
• Grants researching and writing
In addition, I was able to successfully recover fund that were outstanding and submit application that are pending:
Attached are the Grant Administration Report, table of Grant Applications Submitted land the list of Acronyms.
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Funding Agency Acronyms
Department of Human Services DHS
Environmental Protection Agency -EPA
Florida Department of Environmental Protection —FDEP
Florida Department of Law Enforcement
Florida Municipal Insurance Trust -FMIT
Florida Division of Forestry -FDOF
Florida Department of Health
Florida Recreation Development Assistance Program -FRDAP
General Obligation Bond-GOB,
Land and Water Conservation Fund- LWCF
Natural Resources Conservation Services- NRCS
Office of Community and Economic Development -OCED
Villagers -VLGRS
Responder Knowledge Base -RKB
Safe Neighborhood Parks -SNP
South Florida Water Management District -SFWMD
Teaching Tolerance -T.T.
The Children's Trust -TCT
Tenet Health Foundation -THF
Urban Area Security Initiative -UASI
United States Department of Justice -USDOJ
• uFar�ncacm
SMCRA
3001' .
Making our Neighborhood a Great Place to Live, Work and Play"
To: Honorable Chair and Date: December 10, 2007
SMCRA Board Members
From: Stephen Dav}' ITEM No.
SMCRA D'Eecto APPRENTICE PROGRAM
GRADUATION
During the Marc 12, 2007 Meeting, the Board authored entering into a grant agreement with
the 'American General Contractors of America (AGC) to ` initiate a total 72 hours of
comprehensive coursework in the general construction industry. During a six. week period
fr om August through October 2007, the AGC Organization completed 72 hours of related
coursework. Out of a total of over 50 "interested applicants, 12 students successfully
completed -the intensive coursework.
On November 19, 2007 graduation ceremony was held to present the graduating students with
completion .certificates, new construction hardhats, tool. belts and appropriate construction
attire,' (See Exhibit A). Each graduating 'student will also be presented . with an OSHA
certification card which will in affect enhance future employment opportunities:
As of November 26, 2007, four of the graduating students are currently. employed on City of
South Miami/SMCRA initiated construction projects including the 59`" Place Streetscape
Enhancement Project and the Red Road Commons Project. The City /SMCRA has also
received a further commitment from the developers of Red Road Commons to employ up to
15 graduates during the actual construction of the project.
Attachments:
Graduation Ceremony Photo and Course Completion Certificates
SD/MCGRUMPLANNINGIC R A\Apprentice Program Graduation.doc
i
! _. s.
AGC APPRENTICESHIP O M GRADUATION NOVEMBER 0
r
4
EXHIBIT A J
CITY OF SOUTH MIAMI (SMCRA)
Attention: CRA Board Members
Date: November 12, 2007
We are asking that you please drive by the above homes and fax
back your answer no later than Wednesday; December 19, 2007, or
bring your list to the CRA office. i Thank you; SMCRA' Staff.
Circle your name:_, Chairman Feliu
Vice Chair Wiscombe
Board Member Palmer
Board Member Birts- Cooper
Board Member Beckman
Board. Member Williams
Board Member
Please fax your answer to the City Clerk's office: 1305- 663 -6348'
Please select, on a scale from 1 -10, the following homes with
Holiday decorations which have been chosen as finalists for the' top
three winners for the "SPIRIT OF THE SEASON AWARDS":
Score
Additional homes of your choice:
1
Lee Town Homes:
•
J: \My Documents \CRA SPIRIT OF THE SEASON Contest2007.doc
ry
Notice is hereby given. that one or more
members of the City Commission '.and CRA
Board will be participating in the "Spirit
of the Season Award" in the CRA area for
lighting decorations, Thursday, December.
22, 2007 at 6:00 p.m.
Should you have any, questions, please contact the CRA
office at 305 - 668 -7237.
Maria M. Menendez, CMC
Ci ty CZ erk
City of South Miami
J: \My Documents \Notices \Notice CRA Spirit of the Season.2007.doc
1
11110
2001
Making our Neighborhood a Great Place to Live, Work and Play",
To: Honorable Chair and Date: December 10, 2007
SMCRA Board Me ber
From: Stephen D id, ITEM No.
SMCRA irecto PAYMENT OFATTORNEYFEES
FOR NAGIN GALLOP
RESOLUTION .
A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY RELATING TO ATTORNEY FEES; APPROVING
ATTORNEY'S., FEES FOR NAGIN. GALLOP. FIGUEREDO, P.A., FOR INVOICES
DATED OCTOBER 29, 2007 IN THE TOTAL AMOUNT OF $3,271.72; AND
CHARGING THE AMOUNT TO ACCOUNT, NO. 610 - 1110 - 564 -31 -20 (GENERAL
CORPORATE ACCOUNT); AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The firm of Nagin Gallop Figueredo, P.A. currently serves as general counsel to the SMCRA.
The firm has submitted the•following invoice dated October 29, 2007 (Exhibit A) for general
corporate matters.
Invoice Date Amount Charge Account No.
October 29, 2007 $3,271.72 610- 1110 - 564 -31 -20 (General Corporate Account)
Total amount of all invoices: $3,271.72
RECOMMENDATION
Staff recommends approval of the attached resolution authorizing the SMCRA Director to:
(1) Disburse payment for legal services rendered for general corporate matters in the amount of
$3,271.72 to Nagin Gallop Figueredo, P.A., charging this amount to Account -No. 610 -1110 -564 -
31 -20, General Corporate Account.
Attachments:
Resolution
Nagin Gallop Figueredo Invoices
SD:ICRAWagin Gallop Payment Repon.doc
I
2
3
4
5
6
7
8
9
10,
11
12
13
14
15
17
18
19
20
21
22
23
24
25
26
27
222998
30
31
32
33
34
35
36
37
38
39
40
41
42
-43
44
.45
46
47
RESOLUTION NO.
A RESOLUTION OF THE , CITY OF SOUTH MIAMI
COMMUNITY REDEVELOPMENT AGENCY RELATING TO
ATTORNEY FEES; APPROVING ATTORNEY'S FEES FOR
NAGIN GALLOP FIGUEREDO, P.A., FOR INVOICES DATED
OCTOBER 29, 2007 IN THE TOTAL AMOUNT OF $39271.72;
AND CHARGING THE AMOUNT TO ACCOUNT NO. 610- 1110-
564 -31 -20 (GENERAL CORPORATE ACCOUNT); AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Nagin Gallop Figueredo, P.A., has submitted invoices for
legal services rendered, costs advanced, for 0076 -001, general corporate legal
matters for the period ending October 29, 2007 in the total amount of $3,271.72;
and
NOW THEREFORE . BE IT RESOLVED BY ' THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY ` OF SOUTH MIAMI,
FLORIDA THAT:
Section 1. . The South -Miami , .Community 'Redevelopment Agency
authorizes payment in the total amount of $3,271.72 to Nagin Gallop
Figueredo, P.A., for attorney fees for general corporate legal matters and
charging the total, amount to Account No..610 -1110- 564 -31 -20 (General
Corporate Account).
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of December, 2007.
ATTEST:
City of South Miami
Community Redevelopment Agency
Clerk
READ AND APPROVED AS TO FORM:
Eve A. Boutsis, General Counsel
APPROVED:
Chairperson Horace Feliu
Board Vote:
Chairperson Feliu:
Vice Chairperson Wiscombe:
Board Member Birts:
Board Member Palmer:
Board Member Beckman:
Board Member Ellis:
Board Member Williams:
i
EXHIBIT A
NAGINGALLoPFIGUEREDOPx-
Attorneys & Counselors
18001 Old Cutler Road - Suite 556
Telephone: (305) 854 -5353 Miami, Florida 33157 -6416 Facsimile: (305)854 -5351
October 30,2007
Stephen David
City of South Miami Community Redevelopment Agency
6130 Sunset Drive
South'Miami, Florida 33143
Re: South Miami Community Redevelopment Agency Statements
Matter ID: 0076 -001
Dear - Stephen:
I enclose our firm's invoice dated October 29, 2007, for the. South Miami CRA
matters referenced above. I also attach the resolution approving same.
If you have any questions, please do not hesitate to contact me.
Thank you.
pet ly ours,
Boutsis
eneral Counsel for the
South Miami Community Redevelopment Agency
EAB/lcm
Enclosure
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
NAGIN GALLOP FIGUEREDOPA.
Attorneys & Counselors
18001 Old Cutler Road, Suite 556, Miami, Florida 33157
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Stephen David October 29, 2007
City of South Miami Matter ID: 0076 -001
6130 Sunset Drive CRA - General Corporate
City of South Miami, FL 33143
Invoice Number 19344
Hours Amount
9/30/2007.
EAB Analyzed agenda items in anticipation of meeting.
0.50 92.50
10/1/2007
LRF Prepared for and attended meeting.
3.50 647.50
10/1/2007
EAB Attention to Fla. Supreme Court revised opinion and provided
1.50 277.50
update to SMCRA board regarding same; analyzed opinion; and
prepared updated SMCRA general counsel report; telephone
conference with CNMB pd regarding release of lien; drafted follow
up correspondence to Mayor Alvarez, MDC, City Attorney for City
of Miami; and Mr. George Burgess regarding GMN liens; and follow
up on research relating to liens.
10/1/2007
SS Performed Internet research concerning GMN liens related to City
0.60 36.00
of Miami property, prepared e-mail to Sharon Ragoonan with City of
North Miami Beach concerning GMN liens.
10/2/2007
EAB Telephone conference with Mr. Phillipe Rivera of MDC Community
0.30 55.50
and Economic Development regarding release of liens on GMN
property:
10/5/2007
EAB Attention to agenda items; telephone conference. with Mr. Stephen.
1.00 185.00
David, received assignment to amend leasehold for Mobley
building; completed revisions to same; and attention to GMN
releases.
10/5/2007
SS Telephone. discussion with.Ms. Ragoonan concerning GjMN liens; .
1.40 84.00.
received and reviewed facsimile from Ms. Ragoonan; performed
Internet research to obtain additional information on related GMN
liens; drafted letter to Ms. Ragoonan concerning our request for
release of the GMN liens.
10/8/2007
EAB Prepared.for upcoming meeting.
1.00 185.00
10/812007
EAB . Attended board meeting.
2.70 499.50
10/9/2007
EAB Follow up with new board member, coordinate meeting; and
0.40 74.00
followed up with City of Miami regarding liens.
10/9/2007
SS Prepared and sent new letter to Mr. Hernandez with the City of
0.30 18.00
Miami forwarding letter sent concerning.GMN liens.
Payment Is due upon receipt. Please notify us within 10 days of any questions you have regarding this invoice. Interest at a rate of 1.5%
per month will be charged 9 payment is not received within 30 days.
Nagin Gallop Figueredo, P.A. Matter ID: ,0076 -001 Statement No. 19344
Page: 2
CONFIDENTIAL - ATTORNEY /CLIENT
PRIVILEGE
10/17/2007
EAB
Telephone conference with Lynn Westall, City of Miami regarding
0.40
74.00
release of GMN /SMCRA property; telephone conference with Mr.
George Lott; and follow up with Mr. David on pending items.
10/19/2007
EAB
Follow up on release of liens by cities; provided input to
0.60
111.00
commission regarding same; and telephone conference with Mr.
David regarding same; and prepared for meeting with new:
boardmember L. Williams.
10/21/2007
EAB
Meeting with Ms. Williams.
2.00
370.00
10/23/2007
EAB
Attention to GMN liens.
0.40
74.00
10/25/2007
EAB
Revised separation agreement.
0.40
74.00
Total Professional Services-
2,857.50
Rate Summary
Luis R. Figueredo
Eve A. Boutsis
Susan Snavely
3.50 hours at $185.001hr
11.20 hours at $185.00/hr
2.30 hours at $ 60.00/hr
l
Total hours: 17.00
Disbursements
10/24/2007 Recording Fee - Jenkins Mortgage
10/24/2007 Recording Fee - Gibson Mortgage
10/29/2007 Disbursements incurred - 3.0%
Payments and Credits
10/15/2007 Check No. 58682
647.50
2,072.00
138.00
2,857.50
164.25
164.25
85.72 -
3,765.65
3,765.65
Payment is due upon receipt. Please notify us within 10 days of any questions you have regarding this invoice. Interest at a rate of 1.5%
per month wlll be charged if payment Is not received within 30 days.
Nagin Gallop Figueredo, P.A. Matter ID: 0076 -001 Statement No. 19344 Page: 3
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE
-For Professional Services 2,857.50
For. Disbursements Incurred 414.22
Current Balance: 3,271.72
Previous Balance: 7,449.11
Payments - Thank you 3,765.65
Total Due 6,955.18
To be properly credited, please indicate Invoice Number on your remittance check.
1
i
Payment is due upon receipt. Please notify us within 10 days of any questions you have regarding this invoice. Interest at a rate of 1.5%
per month will be charged if payment is not received within 30 days.
m car
'II'. SIMCRA
2001
Making our Neighborhood a Great Place to Liver Work and Play"
To: Honorable Chair and Date: December 10, 2007
SMCRA Board Members—,
From: Stephen
SMCRA
ITEM No. S
PAYMENT OFATTORNEYFEES
FOR LOTT & LEVINE
RESOLUTION
A RESOLUTION OF THE CITY OF SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY RELATING - TO ATTORNEY FEES; APPROVING
ATTORNEY'S FEES FOR LOTT & LEVINE, FOR INVOICES DATED NOVEMBER 3,
2007 IN THE TOTAL AMOUNT OF $613.50; AND CHARGING THE AMOUNT TO
ACCOUNT NO. 610- 1110 -583 -6110 (GENERAL CORPORATE ACCOUNT); AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The firm of Lott & Levine currently serves as general counsel to the SMCRA. The firm has
submitted the following invoice dated November 3, 2007 (Exhibit A) for general corporate
matters.
Invoice Date Amount
November 3, 2007 $613.50
Total amount of all invoices: $613.50
RECOMMENDATION
Charp,e Account No.
610- 1110 -583 -6110 (General Corporate Account)
Staff recommends approval of the attached resolution authorizing the SMCRA Director to:
(1) Disburse payment for legal services rendered for general corporate matters in the amount of
$613.50 to Lott & Levine charging this amount to Account No. 610- 1110 -583 -6110, General
Corporate Account.
Attachments: '
Resolution
Nagin Gallop Figueredo Invoices
SD:ICRA\Nagin Gallop Payment Report.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39.
40
RESOLUTION NO.
A RESOLUTION OF THE CITY 'OF SOUTH MIAMI
COMMUNITY REDEVELOPMENT AGENCY-RELATING TO
ATTORNEY'S FEES; APPROVING ATTORNEY'S FEES FOR
LOTT & LEVINE, IN THE AMOUNT OF $613.50; CHARGING
THE AMOUNT TO ACCOUNT NO. 610 1110 -583; 6110,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lott & Levine., submitted invoices to the CRA for legal
services rendered, costs advanced, for 0076 -001, general corporate matters for the
period ending October 29, 2007 in the amount of $613.50;
j NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI, FLORIDA
THAT:
Section 1. The South Miami Community Redevelopment Agency
authorizes payment in the amount of $613.50 to Lott & Levine, for its
attorney's fees on 0076 -001, general corporate CRA matter.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of December, 2007.
ATTEST: APPROVED:
City of South Miami
Community Redevelopment Agency
Clerk
READ AND APPROVED AS TO FORM:
Eve A. Boutsis, General Counsel \
Chairperson Horace Feliu
Board Vote:
Chairperson Feliu:
Vice Chairperson Wiscombe:
Board Member Birts:
Board Member Palmer:
Board Member Beckman:
Board Member Ellis:
Board Member Williams:
Additions shown by underlining and deletions shown by eyeF b.
1
I
LOTT & LEVINE
DADELAND CENTRE, SUITE 1014
9155 SOUTH DADELAND BOULEVARD
EVE A. BOUTSIS MIAMI, FLORIDA 33156
CITY OF SOUTH MIAMI
COMMUNITY REDEVELOPMENT AGENCY
18001 OLD CUTLER RD, SUITE 556
MIAMI, FL 33157
,
EXHIBIT A,
i
November 3, 2007.
Reference No. 8798
For Professional Services Concerning:
Matter Number: CITY4.04132 Title: 6411 SW 59 PL (ARIES
INSURANCE CO)
FOLIO NO, 09- 4025 -010 -0290
OPINION OF TITLE
Hours
10/05/07 TELEPHONE CONFERENCE WITH SOUTH
MIAMI CODE ENFORCEMENT - STATUS OF
RECEIPT OF FINAL RELEASE OF LIEN- LEFT
MESSAGE.
0.20
10/12/07 TELEPHONE CONFERENCES WITH EVA ROSA
AND CHALVIRE (FINANCE DEPT) - STATUS
OF ISSUANCE OF FINAL RELEASE; FAXED
COPY OF LETTER TO FINANCE DEPT.
0.50
10/17 /07 TELEPHONE CALL TO FINANCE DEPT -
STATUS OF. ISSUANCE OF RELEASE.
0.20
10/19/07 TELEPHONE CALLS TO FINANCE DEPT;
CONFIRMED RELEASE ISSUED AND READY •
FOR PICK UP/MAILING.
0.20
10/24/07 PICKED UP FINAL SIGNED RELEASE.
0.75
10/25/07 MEETING WITH CLERK TO RECORD LAST
RELEASE OF LIEN.
0.75
11/03/07 RECEIVED AND REVIEWED RELEASE OF
LIEN RECORDED 10/25/07; MAILED RELEASE
TO CHALVIRE.
0.40
Total Hours and Fees: ,
3.00 $585.00
COSTS ADVANCED
Date Description
` 09/18/07 Disbursement to: CLERK OF COURT: BAL OF RECORDING
CHGS ORDER /RELEASE ($37.00)
10/25 107 Disbursement to: CLERK OF COURT: RECORDING FEE/LAST
RELEASE OF LIEN
Total Costs:
Cost Amount
$10.00
$18.50
$28.50
Page. 2
Reference Number: 8798
Matter Summary:
Total Fees:' $585.00
Total Cost: $28.50
Sub -Total Current Fees and Costs: $613.50
Amount Due: $613.50
PAYMENT IS DUE ON OR BEFORE NOVEMBER 21, 2007.
PLEASE INCLUDE THE BILL OR REFERENCE NUMBER ON YOUR REMITTANCE.
THANK YOU.
To:
sow
Making our Neighborhood a Great Place to Live Work and Playr'
Honorable Chair and
SMCRA
From: Stephen
SMCRA
RESOLUTION
Date: December 10, 2007
ITEM No. (0
APPROVAL TO ENTER INTO AN .
AUDIT CONTRACT WITH
RODRIGUEZ, TRUEBA & COMPANY
A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT
AGENCY ( SMCRA), RELATING TO FINANCIAL AUDIT SERVICES,
AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO AN AUDITING
SERVICES CONTRACT WITH. RODRIGUEZ, TRUEBA & COMPANY P.A.
FOR A TOTAL AMOUNT NOT TO. EXCEED $6,000 FOR THE PURPOSE OF
AUDITING SMCRA FINANCIAL TRANSACTIONS FOR FISCAL YEAR
ENDING SEPTEMBER 30, 2007 AND CHARGING THE TOTAL AMOUNT TO
ACCOUNT NUMBER 610 - 1110 - 554 -34 -15 (ANNUAL,AUDIT ACCOUNT); AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The City of South Miami. CRA plan adopted by the Commissions of the City of South
Miami and Miami Dade County in 1998 requires the City to conduct annual audits of. all
financial transactions in the SMCRA Fund. As part of the 07/08 adopted Budget, the
SMCRA Board has authorized specific budget line item funding for an annual audit.
The City Commission recently approved Resolution #186 -07 -12571 authorizing the City
Manager to execute a two -year audit contract with Rodriguez Trueba & Company P.A.
with an option to renew for one year if so desired (See Exhibit A). During prior fiscal
years, the SMCRA has in the utilized the City of South Miami auditor for auditing
services. The SMCRA now desires to enter into a one -year contract for auditing services
with Rodriguez Trueba & Company P.A. for a total contract amount of $6,000 with and
one -year renewal option if desired by the SMCRA Board (See Exhibit B). Approval of
the attached resolution shall authorize the SMCRA Director, to, enter into a one -year
contract with Rodriguez Trueba & Company P.A. for an amount not to exceed $6,000
and charging the total amount to Account #610 - 1110- 554 -32 -10 (Annual Audit Account).
RECOMMENDATION
Staff recommends approval of the attached resolution authorizing the SMCRA Director,
to enter into one -year contract with Rodriguez Trueba & Company P.A. for a total
contract amount not to exceed $6,000 to provide auditing services of Fiscal Year 06/07.
Attachments:
Draft Resolution
City Commission Auditing Services Approval
Auditing Services Contract
SD:1C RAWpproval to Enter into Auditing Services Agreement with Rodiguez Trueba & Company.doc
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RESOLUTION NO.
A RESOLUTION OF THE SOUTH MIAMI COMMUNITY
-REDEVELOPMENT AGENCY ( SMCRA), RELATING TO
FINANCIAL AUDIT SERVICES, AUTHORIZING THE SMCRA
DIRECTOR TO ENTER INTO AN AUDITING' SERVICES
CONTRACT WITH RODRIGUEZ, TRUEBA & COMPANY P.A.
FOR A TOTAL AMOUNT NOT TO EXCEED $6,000 FOR THE
PURPOSE OF AUDITING SMCRA FINANCIAL TRANSACTIONS
FOR FISCAL YEAR ENDING SEPTEMBER 30, 2007 AND
CHARGING THE TOTAL AMOUNT TO ACCOUNT NUMBER
610 - 1110 - 554 -34 -15 (ANNUAL AUDIT ACCOUNT); AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of South Miami CRA plan adopted by the Commissions of
the City of South Miami'and Miami Dade County in 1998, requires the City to conduct
annual audits of all financial transactions in the CRA Fund; and
WHEREAS,, as part of the 07/08 adopted Budget, the SMCRA Board has
authorized specific budget line item funding for an, annual audit;
WHEREAS, the City Commission recently approved Resolution #186 -07- 12571
authorizing the City Manager to execute a two -year audit contract with Rodriguez Trueba
& Company P.A. with an option to renew for one year if so desired; and
WHEREAS, during prior fiscal. years, the SMCRA has in the utilized the City of
South Miami's selected auditor for SMCRA auditing services; and
WHEREAS, the SMCRA desires to enter into a one -year contract for auditing
services with Rodriguez Trueba & Company P.A for a total contract amount of $6,000
with and one -year renewal option if desired by the SMCRA Board; and
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI
COMMUNITY REDEVELOPMENT AGENCY: .
Section 1. ' The SMCRA Director is authorized t o enter into contract with the
firm of Rodriguez Trueba & Company P.A. to provide auditing services for fiscal year
ending September 30, 2007 for an amount not to exceed six thousand dollars ($6,000)
with an option to renew for one year if so desired by the SMCRA Board. A copy of the
contract is attached hereto as exhibit 1.
Section 2. This resolution shall take effect immediately upon approval.
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PASSED AND ADOPTED this
day of December, 2007.
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ATTEST:
APPROVED:
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South Miami
Chairperson Horace Feliu
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Community Redevelopment Agency Clerk
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Board Vote:
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Chairperson Feliu:
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Vice Chairperson Wiscombe:
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READ AND APPROVED AS TO FORM:
Board Member Birts:
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Board Member Palmer:
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Board Member Beckman:
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Board Member R. Williams:
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Board Member L. Williams:
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Eve A. Boutsis, Office General Counsel
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South Miami Community Redevelopment Agency
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EXHIBIT A. ,
RESOLUTION NUMBER: 186-07-12571
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO FINANCIAL
AUDIT SERVICES, AUTHORIZING'THE CITY MANAGER TO HIRE
A NEW FINANCIAL AUDITOR'AND EXECUTE A TWO -YEAR AUDIT,
CONTRACT WITH THE AUDIT FIRM OF RODRIGUEZ, TRUEBA &
CO., P. A., WITH THE OPTION TO RENEW FOR ONE YEAR, IF SO
DESIRED BY THE CITY, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, article 4, section 4(e) of the City Charter prohibits the use of the same Financial
Auditor for more than three consecutive years; and
WHEREAS, the City hired the accounting firm of Alberni, Caballero &. Castellanos,
L.L.P.., for the last three years; and
WHEREAS, the City Administration has solicited bids for financial audit services and received
responses from three different firms with license to operate within the State of Florida; and
WHEREAS, the bids were reviewed by the Finance. Department and has recommended that the
City hire the firm of Rodriguez, Trueba & Co.; P. A.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
1. Section 1. The City Manager is authorized to engage the firm of Rodriguez, Trueba &
Co., P. A to provide financial auditing services for the City.
2. Section 2. The City Manager is authorized to sign negotiate the service contract for two
years with the option to renew for an additional year, if so desired by the City
3. Section 3. ' This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 6s day of November. 2007.
ATTEST: APPROVED:
MAYOR
Commission Vote: 5 -0
Mayor Feliu: Yea
Vice -Mayor Wiscombe: Yea
Commissioner Birts: Yea
Commissioner Palmer: Yea
Commissioner Beckman: Yea
EXHIBIT B
n+,4;x;�`�.',Li Vim►
l�C)1.�IZICsLIL�, i'IZ[1L13: ` CO.;R,l
CERTIFIED PUBLIC ACCOUNTANTS
December 3, 2007
Stephen David, SMCRA Director
City of South Miami CRA
6130 Sunset Drive
South Miami, Florida 33143
Dear Mr. David:
Rodriguez, Trueba & Company are pleased to confirm our understanding of the services we.are
to provide the City of South Miami Community Redevelopment Agency (the "Agency ") as of
and for Fiscal Year ending September 30, 2007. We will audit the financial statements of the
governmental activities, the business -type activities, each major fund, and the aggregate
remaining fund information, which collectively comprise the entity's basic financial statements
of the City of South Miami Community Redevelopment Agency as of and for the Fiscal Year
ending September 30, 2007. The South Miami Community Redevelopment Agency will have an
option to renew this contract for one year at the discretion of the SMCRA Board. The document
we submit to you will include the following supplementary information that is required under
generally accepted accounting principles, but that will be subjected to certain limited procedures
and will not be audited:
1. . Management's discussion and analysis.
2. Budgetary comparison schedules.
3. GASB required — Supplementary pension information (if required).
Also the document we submit to you will include the following additional information that will
be subjected to the auditing procedures applied in our audit of the financial statements upon
which we will provide an opinion in relation to the basic financial statements.
1. Combined and individual non major fund financial statements.
2. Schedule of expenditures of federal awards.
Audit Obiectives
The objective of our audit is the expression of opinions as to whether your basic the financial
statements are fairly presented, in all material respects, in conformity with U.S. generally
accepted accounting principles (which are mainly described in the pronouncements of the
Governmental Accounting Standard Board ( "GASB ") and the. Financial Accounting Standard
Board ( "FASB ") as applicable) and. to, report on the fairness. of the additional information,
referred to in the first paragraph when considered in relation to the basic financial statements
taken as a whole. The objective also includes reporting on:
Letter to Stephen - David, Director
City of South Miami Community Redevelopment Agency
Page 2 of 14
Internal control related to the financial statements and compliance with laws,. regulations, and the
provisions of contracts or grant agreements, noncompliance with which could have a material
effect on the financial statements in accordance with Government Auditing Standards.
Internal control related to major programs and an opinion (or disclaimer of opinion) on
compliance with laws, regulations, and the provisions of contracts or grant agreements that could
have a direct and material effect on each major program in accordance with the Single Audit Act
Amendments of 1996 and OMB Circular A -133, "Audits of States, Local Governments, and Non-
Profit Organizations."
The reports on internal control and compliance will each include a statement that the report is
intended for the information of the South Miami CRA Board, management, specific legislative
or regulatory bodies, federal and state awarding agencies and, if applicable, pass- through entities
and is not intended to be and should not be used by anyone other than these specified parties.
Our audit will be conducted in accordance with U.S. generally accepted auditing standards; the
standards for financial audits contained in Government 4uditing Standards, issued by the
Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the
provisions of OMB Circular A -133, Section 218.39 and 215.97, of the Florida Statutes, Chapter
10.350 of the Rules of the Auditor General of the State of Florida and the Florida Single Act and
will include tests of accounting records, a determination of major program(s) in accordance with
Circular A -133, and other procedures we consider necessary to enable us to express an opinion
and to render the required reports. If our opinion on the financial statements or the Single Audit
compliance opinion is other than unqualified, we will discuss the reasons with you in advance.
If, for any reason, we are unable to complete the audit or are unable to form or have not formed
an opinion, we may decline to express an opinion or to issue a report as a result of this
engagement.
Manauement Responsibilities
Management is responsible for establishing and maintaining effective internal control and for
compliance with the provisions of applicable laws, regulations,. contracts, agreements, and'
grants. In fulfilling this responsibility, estimates and judgments by management are required to
assess the expected benefits and related costs of the controls. The objectives of internal control
are to provide management with reasonable, but not absolute, assurance that assets are
safeguarded against loss from unauthorized use or disposition, that transactions are executed in
accordance with management's authorizations and recorded properly to permit the preparation of
financial statements in accordance with U.S. generally accepted accounting principles, and. that
federal award programs are managed in compliance with' applicable. laws and regulations and the
provisions of contracts and grant agreements.
Management is responsible for making all financial records and related information available to
us, including any significant vendor relationships in which the vendor has the responsibility for
Letter to Stephen David, Director
City of South Miami Community Redevelopment Agency
Page 3 of 14
program compliance. We understand that you will provide us with such information required for
our audit and that you are responsible for the accuracy and completeness of that information.
We will advise you about appropriate accounting principles and their application and will assist
iri the preparation of your financial statements, including the schedule of expenditures of federal
awards, but the responsibility for the financial statements remains with the City of South Miami
Community Redevelopment Agency,. As part of - our engagement we may propose standard,
adjusting or correcting journal entries to your financial statements. You are responsible for
reviewing the entries and understanding the nature of any proposed entries and the impact they
have on the financial statements. That responsibility includes the establishment and maintenance
of adequate records and effective internal control over the financial reporting and compliance,
the selection and application of accounting principles, and the safeguarding of assets.
Management is responsible for adjusting the financial statements to correct material
misstatements and confirming to us in the management representation letter that the effects of
any uncorrected misstatements aggregated by us during the current engagement and pertaining to
the latest period presented are immaterial, both individually and in the aggregate, to the financial
statements taken as a whole.
You are responsible for establishing and maintaining internal controls, including monitoring
ongoing activities; for the selection and application of, accounting principles; and for the fair
presentation in the financial statements of financial position, changes in net assets, and cash
flows in conformity with U.S. generally accepted accounting principles. You are also
responsible for management decisions and functions; for designating an individual with suitable
skill, knowledge, or experience to oversee the tax services we provide; and for evaluating the
adequacy and results of those services and accepting responsibility for them.
You are responsible for the design and implementation of programs and controls to prevent and
detect fraud, and for informing us about all known or suspected fraud or illegal acts affecting the
City or its affiliates involving: (1) management, (2) employees who have significant roles in
internal control, and (3) others where the fraud could have a material effect on the financial
statements. Your responsibilities include informing us of your knowledge of any allegations of
fraud or suspected fraud or illegal acts. affecting ' the City of South Miami Community
Redevelopment Agency or its affiliates received in communications from employees, former
employees, grantors, regulators, or others. In addition, you are responsible for identifying and
ensuring that the City of South Miami Community Redevelopment Agency complies with
applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud,
illegal acts, or violations of contracts or grant agreements, or abuse that we may report.
Additionally, as required by OMB Circular A- 133,,'it is management's responsibility to follow up
and take corrective action on reported audit findings and to prepare a summary schedule of prior
audit findings and a corrective action plan. The summary schedule of prior audit findings should
be available for our review by the end of December of each year.
Letter to Stephen David, Director
City of South Miami Community Redevelopment Agency
Page 4 of 14
Management is responsible for establishment and maintenance of a process for tracking the
status of audit findings and recommendations. Management is also responsible for identifying for
us previous audits or other engagements or studies related to the objectives discussed in the
Audit Objectives section of this letter. This responsibility includes relaying to us corrective
actions taken to address significant findings and recommendations resulting from those audits or
other engagements or studies. You are also responsible for providing management's views on
our current findings, conclusions, and recommendations, as well as your planned corrective
actions, and the timing and format related thereto.
As part of the audit, we will prepare a draft of your financial statements, schedule of
expenditures of federal awards, and related notes. All auditing research and compilations,
including the issuance of a management letter to the City of South Miami Community
Redevelopment Agency staff shall occur by (fill in date), of each auditing year.
The draft audit shall be completed and presented to the City of South Miami Community
Redevelopment Agency Board by. the (date) City of South Miami
Community Redevelopment Agency Board meeting. Failure to comply with these internal
deadlines shall constitute a material breach of this auditing agreement, and the City may seek all
remedies available to it, including but not limited to hiring another auditor to complete the audit,
to ensure compliance with any filing deadlines. In accordance with Government Auditing
Standards, you will be required to review and, approve those financial statements prior to their
issuance and have responsibility to be in a position in fact and appearance to make an informed
judgment on those financial statements. Further, you are required to designate a qualified
management -level individual to be responsibility and accountable for. overseeing our services.
Should we have any difficulties in receiving oversight by a City of South Miami Community
Redevelopment Agency staff person, we shall provide within five (5) days of the occurrence,
written notice. of such difficulties to the SMCRA Director, so that the City of South Miami
Community Redevelopment Agency shall have the time to cure . any such lack of oversight.
Despite anything to the contrary in this agreement, the Firm shall complete and submit the audit
by for each audit year.
Audit Procedures - General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in
the financial statements; therefore, our audit will involve judgment about the number of
transactions, to be examined and the areas to be tested. We will plan and perform the audit to
obtain reasonable assurance about whether the financial statements are free of material
misstatement, whether from (a) errors, (b) fraudulent financial reporting, (c) misappropriation of
assets, or (d) violations of laws or governmental regulations that are attributable to the City of
South Miami Community Redevelopment Agency or to acts by management or employees acting
on. behalf of the City of South Miami Community Redevelopment Agency. Because the
determination of abuse is subjective, Government Auditing Standards do not expect auditors 'to
provide reasonable assurance of detecting abuse. -As required by the Single Audit Act
Letter to Stephen David, Director
City of South Miami Community Redevelopment Agency .
Page 5 of. 14
Amendments of '1996 and OMB ' Circular A -133, our audit will include tests of transactions
related to major federal award programs for compliance with applicable laws and regulations and
the provisions of contracts and agreements.
Because an audit is designed to provide reasonable, but not absolute, assurance and because we
will not perform a detailed examination of all transactions, there is a risk that material
misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not
designed to detect immaterial misstatements or violations of .laws or governmental regulations
that do not have a direct and material effect on the financial statements or on major programs.
However, we will inform you of any material errors and any' fraudulent financial reporting or
misappropriation of assets that come to our attention. We will also inform you of any violations.
of laws or governmental regulations that come to our attention, unless clearly inconsequential.
We will include such matters in the reports required for a Single Audit. Our responsibility as
auditors is limited to the period covered by our audit and does not extend to matters that might
arise during any later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded
in the accounts, and may .include tests .of the physical existence of inventories, and direct
confirmation of receivables and certain other assets and liabilities by correspondence with
selected individuals, creditors and financial institutions. We will request written representations
from your attorneys as part of the .engagement, and they may bill you for responding to this
inquiry. At the conclusion of our audit, we will also require certain written representations from
you about the financial statements and related matters.
Audit Procedures - Internal Control
In planning and performing our audit, we will consider the internal control sufficient to plan the
audit in order to determine the nature, timing and extent of our auditing procedures for, the
purpose of expressing . our opinions on the City of South Miami Community Redevelopment
Agency's financial statements and on its compliance with requirements applicable to major
programs.
We will obtain an understanding of the design of the relevant controls and whether they have
been placed in operation, and we will assess control risk. Tests of controls may be performed'to
test the effectiveness of certain controls that we consider relevant to preventing and detecting
errors and fraud that are material to the financial statements and to preventing and detecting
misstatements resulting from illegal acts and other noncompliance matters that have a direct and
material effect on the financial statements. Tests of controls relative to the financial statements
are required only if control risk is assessed below the maximum level. Our tests, if performed,
will be less in scope than would be necessary to render an opinion on internal control and,
accordingly, no opinion will be expressed in our report on internal control issued pursuant to
Government Auditing Standards.
Letter to Stephen David, Director
City of South Miami Community Redevelopment Agency
Page 6 of 14
As required by OMB Circular A -133 and the Florida Single Audit Act, we will perform tests of
controls to evaluate the effectiveness of the design and operation of controls that we consider
relevant to preventing or detecting material noncompliance with compliance requirements
applicable to each of the City of South Miami Community Redevelopment Agency's major
federal award program and state projects. However, our tests will be less in scope than would be
necessary to render an opinion on those controls and,' accordingly, no opinion will be expressed
in our report on internal control issued pursuant to OMB Circular A -133 or, the Florida Single
Audit Act.
An audit is not designed to provide assurance on internal control or to identify reportable
conditions. However, we will inform the governing body (City of South Miami Community
Redevelopment Agency Board) or audit committee of any matters involving internal control and
its operation that we consider to be reportable conditions under standards established by the
American Institute of Certified Public Accountants. Reportable conditions involve matters
coming to our attention relating to significant deficiencies in the design- or operation of the
internal control that, in our judgment, could adversely affect the entity's ability to record,
process, summarize and report financial data consistent with the assertions of management in the
financial statements. We will also inform you of any non - reportable conditions or other matters
involving internal control, if any, as required ;by Government Auditing Standards, OMB Circular
A -133, and the Florida Single Audit Act. As required by the single 'audit, we will issue the
appropriate report on internal control and provide the City of South Miami Community
Redevelopment Agency with a Schedule of Findings and Questioned Costs, if applicable.
Audit Procedures - Compliance
Our audit will be conducted in accordance with the standards referred to in the section titled
Audit Objectives. As part of obtaining reasonable assurance about whether the financial
statements are free of material misstatement, we will perform tests of the City of South Miami
Community Redevelopment Agency's compliance with applicable laws and regulations and the
provisions of contracts and agreements, including grant agreements. However, the objective of
those procedures will not be to provide an opinion on overall compliance, and we will not
express such an opinion in our report on compliance issued pursuant to Government Auditing
Standards.
OMB Circular A -133 requires that we also plan and perform the audit to obtain reasonable
assurance about whether the City has complied with applicable laws and regulations and the
provisions of contracts and agreements applicable ,to major programs. Our procedures will.
consist of the applicable procedures described in the OMB Circular A -133 Compliance
Supplement for the types of compliance requirements that could have a direct and material effect.
on each of the City of South Miami Community Redevelopment Agency's major programs. The
purpose of those procedures will be to express an opinion on the City of South Miami
Letter to Stephen David, Director
City of South Miami Community Redevelopment Agency
Page 7 of 14
Community Redevelopment Agency's compliance with requirements applicable to each of its
major programs in our report' compliance issued pursuant to OMB Circular A -133 and the
Florida Single Audit Act.
Audit Administration, Fees and Other
We understand- that your employees will prepare all cash, accounts receivable, or other
confirmations requested and we will locate any invoices selected by us for testing.
At the conclusion of the engagement, we will complete the appropriate sections of and sign the
Data Collection Form that summarizes our audit findings. We will provide copies of our reports
to the City of South Miami Community Redevelopment Agency; however, it is management's
responsibility to submit the reporting package (including financial statements, schedule of
expenditures of federal awards, summary schedule of.prior audit findings, auditors' reports and
corrective action plan) along with the Data Collection Form to the designated federal
clearinghouse and, if appropriate, to pass - through entities. We agree that the Data Collection
Form and the reporting package shall be submitted within the earlier of 30 days after receipt of
the auditors' reports or nine (9) months after the end of the audit period, unless a longer period is
agreed to in. advance by the cognizant or oversight agency for audit. Failure to submit the,
auditor's report within the prescribed time period shall be a material breach of this auditing
agreement. At the conclusion of the engagement; we will provide information to management as
to where the reporting packages should be submitted and the number to submit.
The audit documentation for this engagement is the property of our firm and constitutes
confidential information. We shall maintain the records confidential from any of our other
clients and shall not disclose any information to third - persons, unless an exception is provided
herein. Pursuant to authority given by law or regulation, we may be requested to make certain
audit documentation available to a cognizant or grantor agency or its designee, a federal agency
providing direct or indirect funding, or the Government. Accountability Office for purposes of a
quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities..
We will notify you of any such request. If requested, access to such audit documentation will be
provided under the supervision of our personnel. Furthermore, upon request, we may provide
copies of selected audit documentation to the aforementioned parties (governmental agencies).
These parties may intend, or decide, to distribute the copies or information contained therein to
others, including other governmental agencies.
The audit documentation for this engagement will be retained for a minimum'of five years after
the date the auditors' report is issued or for any additional period requested by a cognizant
agency, oversight agency for audit, or pass- through entity. If we are aware that a federal
awarding agency, pass- through entity. or City of South Miami Community Redevelopment
Letter to Stephen David, Director
City of South Miami Community Redevelopment Agency
Page 8of14
Agency is contesting an audit finding, we will contact the party(ies) contesting the audit finding
for guidance prior to destroying the audit documentation.
We expect to begin our audits during September 2007, 2008, and 2009 and we will issue our
reports no later than March 1, 2008 through 2010. Our fee for these services will be at our
standard hourly rate, plus out -of- pocket costs (such as report reproduction, word processing,
postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including
expenses, will not exceed $6,000 for Fiscal Year ending September 30, 2007. This is based on
the single audit expenditures not exceeding two (2) million dollars. Our standard hourly rates
vary according to the degree of responsibility involved and the experience level of the personnel
assigned to your audit. Our invoices for theses fees will be rendered each month as work
progresses and are payable on presentation. The above fee is based on anticipated cooperation
from your personnel and the assumption that unexpected circumstances will not be encountered
during the audit. If significant additional time is necessary, we will discuss it with you and
arrive at a new fee estimate before we incur the additional costs. In the event either parties
claims a breach of any term of this engagement, the dispute first shall be submitted to voluntary
mediation. If this is unsuccessful, then the dispute will be brought to binding arbitration
conducted under the rules then prevailing with the American Arbitration Association in the
County where the City is situated, and the judgment or award of the arbitration shall be binding
and conclusive upon the parties and may be entered in any court having proper jurisdiction.
As part of the fee, we agree to meet with the City of South Miami Community Redevelopment
Agency Board, individually, to obtain input from each of the individual Commission members,
and prior to completion of the audit, shall advise each individual Board Member of the City of
South Miami Community Redevelopment Agency's internal controls and whether there are any
findings of any material noncompliance, material misstatements, or reportable conditions. All
such meetings shall take place prior to March 1 St of the applicable year, . and the issuance of the
Management Response Letter. Additionally, we shall attend at least one City of South Miami
Community. Redevelopment Agency board meeting to present our audit report.
Government Auditing Standards require that we provide you with a copy of our most recent
external peer review report and any letter of comment,' and any subsequent peer review reports
and letters of comment received during the period of the agreement. Our 2004 peer review
report accompanies this letter.
This engagement includes only those services specifically described in this letter. Appearances
before judicial proceedings, government organizations such as the Internal Revenue Service, or
other regulatory bodies arising from this engagement will be.billed to you separately. Additional
services which you may request will be subject to arrangements made at the time requested.
Indemnification
Letter to Stephen David, Director
City of South Miami Community Redevelopment Agency
Page 9 of 14
The firm shall be liable and responsible for any and all damages to persons or property
(hereinafter referred to as "loss "), and shall indemnify and hold harmless the City of South
Miami Community Redevelopment Agency, its elected and appointed officials, and its
employees, agents and representatives for the loss and any liabilities, claims, demands, actions,
judgmerits, costs and reasonable expenses (including reasonable attorney fees) directly relating to
the loss, if the loss was caused as a result of our firm's failure to satisfy its obligations under
generally accepted auditing standards through negligence or error or omission of the firm or our
employees, if any. The Auditor shall pay all claims and losses of any nature whatever rising
there from, and shall defend all suits.arising there from, in the name of the City of South Miami
Community Redevelopment Agency when applicable, and shall pay all costs and judgments
which may issue thereon, except to the extent caused by the negligence of the City's' officers or
employees. During the term of this agreement, our. firm shall carry professional liability
insurance coverage, which proof of insurance shall be incorporated by reference into this retainer
agreement as Exhibit 1.
The City of South Miami Community. Redevelopment Agency agrees that all records,
documentation, and information requested in connection with the audit will be made available,
that all material information will be disclosed and that the full cooperation of City of South
Miami Community Redevelopment Agency personnel will be provided. As required by
generally accepted auditing standards, specific inquiries will be made of management about the
representations embodied in the financial statements, the effectiveness of the internal controls
and the City of South Miami Community Redevelopment Agency's compliance with certain
laws and regulations, and management will provide a representation. letter about these matters.
The responses to inquiries, the written representations, and the results of audit tests comprise the
evidential matter the auditors will rely upon in forming an opinion on the financial statements.
Because of the importance of management's representations to the effective performance of the
audit services, the City of South Miami Community Redevelopment Agency will release the firm
and its personnel from any claims, liabilities, costs and expenses relating to their services under
this agreement attributable to any, misrepresentations in the representation letter referred to
above.
Insurance.
The City of South Miami Community Redevelopment Agency shall not be held liable or
responsible. for any claims which may result from acts, errors or omissions of the Firm or its
subcontractors, or employees. In reviewing, approving or rejecting any submissions or acts of
the . Firm, the City of South Miami Community Redevelopment Agency in no way assumes
responsibility or . liability for the ' acts, errors or omissions of the auditing firm or its
subcontractors. The Firm shall not commence work under this agreement until it has obtained all
insurance required by the City of South Miami Community Redevelopment Agency. The Firm
shall defend, indemnify and hold the City of South Miami Community Redevelopment Agency
harmless from any. and all claims, liability, losses, expenses and causes of action arising solely
Letter to Stephen David, Director
City of South Miami Community Redevelopment Agency
Page 10 of 14
out of a negligent act, error, or omission or misconduct of the.Firm, or the Firm's subcontractors,
suppliers and laborers incident to the performance of the Firm's services under this agreement.
The Firm. shall pay all claims, losses, fines, penalties, costs and expenses of any nature
whatsoever resulting from its intentional misconduct or negligence.
The Firm shall maintain during the term of this agreement the following insurance:
A. Comprehensive general liability insurance and professional liability insurances with
broad form endorsement, including 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
$2,000,000.00 combined single limit per occurrence for bodily injury and property
damage. The policy or policies shall name City of South Miami Community
Redevelopment Agency as additional insured and shall reflect the hold harmless
provision contained herein.
B. Workers' Compensation Insurance in compliance with Chapter 440, Florida
Statutes, as presently written or hereafter amended.
C. The policies shall contain waiver of subrogation, against the City of South Miami
Community Redevelopment Agency where applicable and shall expressly provide
that the policy or policies are primary over any other insurance that the City of
South Miami Community Redevelopment Agency may have.. The City of South
Miami Community Redevelopment Agency reserves the right 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 of
South Miami Community Redevelopment Agency.
D. All of the insurance is to be placed with Best rated A -8 or better insurance•
companies qualified to do business under the laws of the State of Florida.
The Firm shall furnish certificates of insurance to the City of ' South Miami Community
Redevelopment Agency prior to the commencement of operations, a copy of this is provided at
Exhibit 1. The certificates shall clearly indicate that the Firm has obtained insurance in the type,
amount, and classification as required for strict compliance with this section and that no
reduction in limits by endorsement during the policy term, or cancellation of this insurance shall
be effective without 30 days prior written notice to the City of South Miami Community
Redevelopment Agency. Compliance with the foregoing requirements shall not relieve the Firm of
its liability and obligations under this agreement.
Termination for Cause.
Letter to Stephen David, Director
City of South Miami Community Redevelopment Agency
Page 11 of 14
Either party may terminate this agreement prior to the expiration of the initial term on
account of a material breach of this agreement by the other party, which has not been cured
within five (5) days from the date of receipt of written notice of breach from the party seeking
termination. Termination shall be effective as .of the end of the notice period in the case of any
uncured material breach. The City of South ,Miami Community. Redevelopment Agency shall
have no liability to the firm for future profits or losses in the event of termination for default.
The rights and remedies of the City of South Miami Community Redevelopment Agency
provided in this provision shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this agreement. Should Firm provide the City of South
Miami Community Redevelopment Agency with written notice of cancellation of agreement,
Firm will be required to refund a pro -rata share of the- compensation identified herein. .
Termination for the Convenience of the City of South Miami Community Redevelopment
A enc
The City of South Miami Community Redevelopment Agency may terminate this agreement at
any time by giving thirty (30) days notice in writing to the Firm. If the agreement is terminated
by the City of South Miami Community Redevelopment Agency as provided herein, we shall be-
paid for the time provided and expenses incurred up to and including the termination date, as
provided for in the retainer agreement. Only authorized time shall be reimbursed.
Rillht to Withhold
If work identified under this engagement letter is not performed in accordance with the terms
hereof, the City has the right to withhold any payment due to us, or any sums as the City of
South Miami Community Redevelopment Agency may deem ample to protect it against loss, or
to ensure payment of claims arising there from, and, at its option, the City of South Miami
Community Redevelopment Agency may apply such sums in such manner as the City of South
Miami Community Redevelopment Agency may deem proper to secure itself or to satisfy such
claims. The City of South Miami Community Redevelopment Agency will provide the Firm
with ten (10) calendar days prior written notice in the event that it elects to exercise its right to
withhold under this Section.
Sovereign Immunitv and Attornevs' Fees
The City of South Miami Community Redevelopment Agency does not waive sovereign
immunity for any claim for breach of contract except to amount of the contract; provided,
however; that in an action arising out of or to enforce this agreement,, the prevailing party shall
be entitled, to its reasonable attorney's fees and costs, including, but not limited to paralegal
costs, and computer. research costs. The City of South Miami Community Redevelopment
Agency shall not be liable for the prejudgment interest.
Letter to Stephen David, Director
City of South Miami Community Redevelopment Agency
Page .12 of 14
Sole Agreement
This engagement letter and accompanying attachments constitute the sole agreement between the
parties hereto and no amendment, modification or waiver or any of the terms and conditions
hereof shall be valid unless in writing. Any prior oral or written agreements shall not be
considered a part of this agreement.
Notices
All notices given or required hereunder shall be deemed sufficient if sent United States mail,
postage prepaid, to the address of the firm and to the City of South Miami Community
Redevelopment Agency specified in this Agreement, unless either parry hereto shall specify to
the other party a different address for the giving of such notices.
Jurisdiction and Venue
Florida law shall govern the terms of this engagement letter. If any term, covenant or condition
of this engagement letter shall, to any extent, be invalid or unenforceable, the remainder of this
letter, or application of such term, covenantor condition to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term,
covenant or condition of this letter shall be valid and enforced to the fullest extent permitted by
law. Venue shall be in state or federal court within Miami -Dade County, Florida.
Record Retention
The Firm shall comply with Chapter 119, Florida Statutes, public record retention requirements
and shall maintain a copy of all documents reflecting services rendered, including work papers,
to City of South Miami Community Redevelopment Agency for at least five (5) years after the
termination of this Agreement, and final payment has been made and all other pending matters
are closed. Further, the Firm shall be provided access to the City of South Miami Community
Redevelopment Agency, to any government authority, or any other person pursuant to a public
records request, to any books, documents, papers, and records which are directly pertinent to this
audit retainer agreement for the purpose of making audit, examination, excerpts and
transcriptions.
Contineency Fee And Code Of Ethics Warranty
The Firm warrants that neither it, nor any principal, employee, agent, representative or family
member has promised to pay, and contractor has not, and will not, pay a fee the amount of which
is contingent upon the City of South Miami Community Redevelopment Agency awarding this
agreement to contractor. The Firm warrants that neither it, nor any principal, employee, agent,
representative or family member has procured, or attempted to procure, this agreement in
Letter to Stephen David, Director
City of South Miami Community Redevelopment Agency
Page 13 of 14
violation of any of the provisions, of the Miami -Dade County or the City of South Miami conflict
of interest and code of ethics ordinances. A violation of this section will result in the termination
of the agreement and forfeiture of funds paid, or to be paid, to the contractor. The Firm
maintains a drug free work place.
Conflict of Interest
The Firm and its associates covenant that they have no interest and will not acquire any interest,
direct or indirect, which would conflict in any manner or degree with the performance of services
required to be performed under this agreement.. The Firm is to comply with the Copeland "Anti -
Kickback" Act (18 U.S.C. 874), as supplemented in Department of Labor Regulations (29 CFR
Part 3).
Non - Discrimination
No person shall be excluded from participating in, be denied the proceeds of, or be subject to
discrimination in the performance of this agreement on account of race, creed, color, sex,
religion, age or disability. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, lay -off or
termination, rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
Miscellaneous Provision
In the event a court must interpret any word or provision of this agreement, the word or provision
shall not be construed against. either parry by reason of drafting or negotiating this auditor
retainer agreement.
Entire Contract
This auditor retainer agreement, when signed by 'all of the parties, constitutes. the full and
complete understanding and agreement of all parties and may not be in any manner interpreted or
fulfilled in contradiction of its express terms. This agreement and the incorporated attachments
constitute the entire understanding between the. parties and integrates by its terms all previous
contracts, agreements or understandings, oral or written, between the parties. In the event of any
conflict, the terms of this agreement will govern . over the provisions of any incorporated
documents.
Severability
Should any section or any part of any section of this agreement be rendered void, , invalid or
Letter to Stephen David, Director
City of South Miami Community Redevelopment Agency
Page 14 of 14
unenforceable by any court of law, for any reason, such determination shall not render void,
invalid or unenforceable any other section or part of any section of this agreement.
Anti - Kickback Guaranty
We at the Firm certify that our principal officers and members do not have and have not had
during any period covered by this audit any. interest, direct or indirect, in the City of South
Miami Community Redevelopment Agency or any of its members or officials.
We at the Firm warrant that we have not employed any person to solicit or secure this
engagement upon any agreement for a commission, percentage, brokerage, or contingent fee.
Breach of this warranty shall give the City of South Miami Community Redevelopment Agency
the right to terminate this engagement, or, in its discretion, to deduct from our fee the amount of
any such commission, percentage, brokerage, or contingent fee.
Assignability of Enaaaement
We further affirm that we shall not assign or transfer any interest in this engagement except that
claims for monies due or to become due from the City of - South Miami Community
Redevelopment Agency under this engagement may be assigned to a bank, trust company, or
other financial institution.
This letter constitutes the complete and exclusive statement of agreement between the Firm and
the City of South Miami Community Redevelopment Agency, superseding all proposals oral or
written and all other communication, with respect to the' terms of the engagement between the
parties.
We appreciate- the opportunity to be of service to the City of South Miami Community
Redevelopment Agency and believe this letter accurately summarizes the significant terms of our
engagement. If you have any questions, please let us know. If this letter defines the
arrangements as you understand them, please sign and date the enclosed copy and return it to us.
Thank you for this opportunity to be of assistance.
Stephen David, SMCRA Director
Dated: , 2007
Enclosures RESPONSE:
AGREED TO AND ACCEPTED:
Very truly yours,
Principal of Authorized Auditing Firm
Name: Carlos M. Trueba, CPA
Rodriguez, Trueba & Co., CPA
1'1�
�D:51 RIAC
2001
Making our Neighborhood a Great Place to Live, Work and Play"
To: Honorable Chair and
SMCRA Board Meml
From: Stephen Da
SMCRA Di
Date: December 10, 2007
ITEM No.
MOBLEY B UILDING ARCHITECTURAL
DESIGN SERVICES CONTRACT
A RESOLUTION OF THE , CITY OF SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY RELATING TO FACILITIES MAINTENANCE OF
SMCRA OWNED PROPERTY; AUTHORIZING THE SMCRA DIRECTOR TO
ENTER INTO AN ARCHITECTURAL DESIGN SERVICES CONTRACT WITH
RUSSELL PARTNERSHIP .INC. FORA TOTAL CONTRACT AMOUNT OF $65,000
TO PROVIDE DESIGN SERVICES TO RENOVATE THE SMCRA OWNED MOBLEY
BUILDING LOCATED AT 5825, SW 68TIi STREET (FOLIO NO. 610 -1110- AND
PROVIDING AN EFFECTIVE DATE
BACKGROUND
During the August 14, 2006 Meeting, the Board reviewed an architectural services proposal
from Russell Partnership Inc. received in response to an advertised request for proposals and
qualifications to renovate the Mobley Building. The Russell Partnership proposal was the sole
proposal received in response to the SMCRA request for proposals and qualifications. During
the September 11, 2006 meeting, the Board approved the- above referenced architectural
services proposal received from Russell Partnership to renovate the, Mobley Building (See
Exhibit A).
Following the September 2006 contract approval, the presence of severe mold growth was
discovered to have permeated the building as a result of a dilapidated roofing system. The
SMCRA Board subsequently authorized separate contracts with roofing and mold remediation
firms to facilitate the required repairs. The damaged roof on the Mobley Building has now been
replaced and the mold growth has been removed. During the process of eliminating the mold,
substantial portions of the interior wall systems were deconstructed.
In effort to maximize the potential of the structure and to facilitate the goals'and objectives of
the SMCRA Plan, a complete build -out of the interior spaces is now required. Final
construction build -out shall include newly designated office space within each of the four
building bays; mezzanine and elevator system construction; the replacement of the existing
roll -away doors; and the construction of code compliant restrooms and stairway systems as
required by code. Approval of the attached resolution shall authorize the SMCRA to enter into
the attached architectural design services contract with Russell Partnership Inc. for interior
renovation of the structure for a total design cost of $65,000 (See Exhibit B). The design phase
shall include the following:
• Schematic Floor Plan Development;
• Construction Document Development (Structural, Mechanical, Plumbing and Electrical);
• Construction Bidding Assistance; and
• , Construction Administration
An additional amount of $6,500 shall be budgeted from Account No. 610 - 1110 - 551 -99 -32 for
possible project contingency and design reimbursables costs as defined in the contract attached
as Exhibit B. Following completion of the project design phase, construction will be publicly
bid to prospective' contractors. The preliminary estimate for the completion of construction is
estimated to be $380,000.
RECOMMENDATION
l
Staff recommends approval of the attached resolution authorizing the SMCRA Director to enter
into a design services contract with Russell Partnership Inc.. for a total contract amount of
$65,000 to provide architectural-design and construction administration services to renovate the
SMCRA owned Mobley Building. The total amount shall be charged to Account No. 610-
1110- 551 -99 -32 (Mobley Building Renovation).. Following funding disbursement, - the
remaining balance in Account No. 610 - 1110- 551 -99 -32 shall be $435,000.
Attachments:
Draft Resolution
September 11, 2006 SMCRA Board Approval
Architectural Design Services Contract
SDIIMCGRUFFIPLANNINGIC R A1Authorization to Enter into Design Services Contract with Russell Partnership lnc.doc
1 RESOLUTION NO.
2
3
4 A RESOLUTION OF THE CITY OF SOUTH MIAMI `COMMUNITY
5 REDEVELOPMENT AGENCY � RELATING TO FACILITIES
6 MAINTENANCE, OF SMCRA OWNED PROPERTY; AUTHORIZING
7 THE SMCRA DIRECTOR TO ENTER INTO AN . ARCHITECTURAL
8 DESIGN SERVICES CONTRACT WITH RUSSELL PARTNERSHIP INC.
9 FOR A TOTAL CONTRACT AMOUNT OF $65,000 TO PROVIDE
10 DESIGN SERVICES TO RENOVATE THE SMCRA OWNED MOBLEY
11 'BUILDING LOCATED AT 5825 SW 68TH STREET (FOLIO NO. 610 -1110-
12 AND PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, during the August 14, 2006 Meeting, the Board reviewed an
15 architectural services proposal from Russell Partnership Inc. received in response
16 to an advertised request for proposals and qualifications to renovate the Mobley
17 Building.; and
18
19 WHEREAS, the Russell Partnership proposal was the sole proposal
20 received in response to the SMCRA request for proposals and qualifications; and
21
22 WHEREAS, during the September 11, 2006 meeting, the Board approved
23 the above referenced architectural services proposal received from Russell
24 Partnership to renovate the Mobley Building; and
\25
26 WHEREAS, following the, September 2006 contract approval, the presence
27 of severe mold growth was discovered to have permeated the building as a result
28 of a dilapidated roofing'system; and
29
30 WHEREAS, the SMCRA Board subsequently authorized separate
31 contracts with roofing and mold remediation firms to facilitate the required
32 repairs; and
33
34 WHEREAS, the damaged roof on the Mobley Building has now been
35 .replaced and the mold growth in the interior of the building has been removed; and
36
37 WHEREAS, during the process of eliminating the mold, substantial
38 portions of the interior wall systems were deconstructed; and
39
40 WHEREAS, in effort to maximize the potential of the structure and to
41 facilitate the goals and objectives of the SMCRA Plan, a complete build -out of the
42 interior spaces is now required; and
1
2
3
4
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WHEREAS, final construction build -out shall include newly designated
office space within each of the four building bays; mezzanine and elevator system
construction; the replacement of the existing roll -away doors; and the construction
of code compliant restrooms and stairway systems as required by code;
WHEREAS, the SMCRA desires to enter into a design services
agreement with Russell Partnership Inc. to provide the following architectural
design services for a total amount of $65,000:
• Schematic Floor Plan Development;
• ' Construction Document Development
and Electrical);
• Construction Bidding Assistance; and
• Construction Administration.
(Structural, Mechanical, Plumbing
NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI,
FLORIDA THAT:
Section 1. The South Miami Community 'Redevelopment Agency
authorizes the SMCRA Director" to enter into an architectural design
services contract with Russell Partnership Inc. for a total contract amount of
$65,000 for design services to renovate the SMCRA owned Mobley
Building. The total amount shall be charged to Account No. 610- 1110 -551-
99 -32 (Mobley Building Renovation). Following funding disbursement, the
remaining balance in Account No. 610 -1110- 551 -99 -32 shall be $435,000.
Section 2. An additional amount of $6,500 shall be budgeted from
Account No. 610- 1110 - 551 -99 -32 for potential project contingency costs
and design reimbursables as defined in the contract attached as Exhibit B.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of December, 2007.
ATTEST:
rlywwelkyll
I
City of South Miami
Chairperson Horace Feliu
2
Community Redevelopment Agency
3
Clerk
Board Vote:
4
Chairperson Feliu:
5
Vice Chairperson Wiscombe:
6
READ AND APPROVED AS TO FORM:
Board Member Palmer:
7
Board Member.Birts:
8
Board Member Beckman:
9
Board Member R. Williams:
10.
Board Member L. Williams:
11 Eve A. Boutsis,
12 General Counsel
13
14
c
RESOLUTION NO. CRA 46 -06 -239
EXHIBIT A
A RESOLUTION OF' THE CITY OF SOUTH MIAMI
COMMUNITY REDEVELOPMENT AGENCY RELATING TO
THE RENOVATION ':OF SMCRA ' OWNED PROPERTY;
AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER
INTO A CONTRACT WITH RUSSELL PARTNERSHIP INC. TO
PROVIDE DESIGN SERVICES TO RENOVATE THE SMCRA
MOBLEY BUILDING LOCATED AT 5825 . SW 68' STREET;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 5, 2001 the City Commission approved a loan to the
SMCRA of up to $400,000 to purchase the Mobley Building located at 5825 SW
68a' Street; and
WHEREAS, on December 12, 2005.the Board authorized the Executive
Director to advertise a request' for proposals /qualifications to provide design
services to renovate the Mobley Building; and
WHEREAS, on August 14, 2006, the Board reviewed two renovation
proposals including a bid received from Russell Partnership Inc. and a subsequent
proposal received after . the RFP submittal deadline from the Elias Brothers
requesting a 50 -year building lease from the City of South Miami; and
WHEREAS, during the August 14, 2006 Meeting, the Board expressed a
desire to retain ownership of the building and to implement the approved Mobley
Building Utilization Plan by endorsing a building. renovation proposal submitted
by Russell Partnership Inc; and
WHEREAS, the Russell Partnership proposal includes a preliminary
statement for construction of $510,000 and a proposed lump sum design fee of
$59,800; and .
WHEREAS, the Russell Partnership preliminary statement of cost includes
the construction of a new mezzanine and interior building elevator; and
WHEREAS, a lump sum design fee of $59,800 -shall be charged to
Account No. 610 71110- 551 -99 -32 (Mobley Building Renovation) which has a
current balance of $60,000; and
WHEREAS, following funding disbursement to Russell Partnership Inc.,
the remaining balance in Account No. 610 - 1110 - 551 -99 -32 (Mobley Building
Renovation) will be $200.
- Page 1 of 2
Res.- No., CRA ,46 -06 -239
WHEREAS, additional- funding for Mobley Building renovations has been
identified in.the FY 06/07 Proposed Budget.
NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI,
FLORIDA THAT:
Section 1. The South Miami Community Redevelopment Agency
authorizes .the Executive Director to enter into a. contract with Russell
Partnership Inc. to provide design services to renovate the SMCRA Mobley.
Building for a total' contracted amount of $59,800 and charging the total
amount of $59,800 to Account No. 610 - 1110 - 551 -99 -32 (Mobley Building
Renovation).
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 11TH day of September, 2006.
ATTEST:
CRETARY
READ AND APPROVED AS TO FORM:
G COUNSEL
M_", I 'leli
J -PVULu V VL%o.
4 -u
Chair Feliu:
absent
Vice Chair Wiscombe:
absent.
Member Palmer:
Yea
Member Birts:
Yea
Member Beckman:
Yea
Member Ellis:
Yea
Member Williams:
absent
J:1My DocumentslCRA RESOLUTIONS 20061CRA Reso Russell Partnership Inc contract - mobley building (09 -11 -06 meeting).doc
Page 2 of 2
;-EXHIBIT B
CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT is made between the South Miami Community Redevelopment Agency,
Florida, a Florida redevelopment agency organized under chapter 163, Fla. Stat., (hereinafter referred to
as the " SMCRA ") and the Russell Partnership, Inc.; licensed and authorized to do business in.the State of
Florida, (hereinafter referred to as the "consultant "), whose place of business is 5815 SW 68`h Street,
Miami, Florida 33134.
WHEREAS, pursuant to section 287.055, Florida Statutes, the SMCRA requested qualifications
from qualified architects to provide design services to renovate the Mobley Building located at 5825 SW
680' Street, South Miami, Florida 33143, and selected the consultant to provide the professional
architectural services; and
WHEREAS, the consultant is willing and able to perform such professional, services for the
SMCRA within the basic terms and conditions set forth. in this agreement (hereinafter referred to as
"agreement "); and
NOW THEREFORE, in consideration of the mutual terms, conditions, promises and covenants
set forth below, the SMCRA and consultant agree as follows:
SECTION 1. Fee
1.1 Consultant shall be paid in accordance with SMCRA resolution - , dated December
3, 2007. Under the Fee provisions of this agreement the consultant shall provide architectural design .
services for a total amount of $65,000 to include: Schematic Floor Plan Development, Construction
Document. Development (structural, mechanical, electrical and plumbing); Construction Bidding
Assistance; and Construction Administration, as provided below under Scope of Services.
1.2 Certification of Payments to Contractor - The Consultant shall review and certify the
amounts 'due the Contractor and shall issue Certificates for Payment in such amounts. The Consultant'. s
certification for payment shall constitute a representation to the SMCRA, based on the Consultant's
evaluation of the Work and on the data comprising the Contractor's Application for Payment, that the
Work has progressed to the point indicated and that, and to the best of the Consultant's knowledge,
information and belief, the quality of Work is in accordance with the Contract Documents. The foregoing
representations are subject (1) to an evaluation of the Work for conformance with the ,Contract
Documents upon Substantial Completion, (2) to results of subsequent test and inspections, (3) to
correction of minor deviations from the Contract Documents prior to completion, and (4) to specific
qualifications expressed by the Consultant.
1.2 The issuance of a Certificate for. Payment shall not be a representation that the Consultant
has (1) made exhaustive or, continuous on -site inspections to check the quality or quantity of the Work,
(2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of
requisitions received from Subcontractors and material suppliers and other data requested by the SMCRA
to substantiate. the Contractor's right to payment, or (4) ascertained how or for what purpose the
Contractor has used money previously paid on account of the Contract Sum.
1.3 The Consultant shall maintain a record of the Contractor's Applications for Payment.
SECTION 2. SPECIFIC PROJECTS /SCOPE OF SERVICES
2.1 In accordance with the Consultants' Competitive Negotiation Act, the consultant may
provide professional services to the SMCRA as provided for under the request for qualifications and
proposal for renovation of the SMCRA Mobley Building, under RFQ/RFP no. 05 -001.
2.2 The Mobley Building was acquired by the South Miami Community Redevelopment
Agency in March 2000. The building was originally constructed in 1983. The site is located at 5825 SW
68t` Street, South Miami, Florida. The building is situated on an 18,375 sq.' ft. site and contains
approximately 6,528 square feet of space that is divided into four bays.
Project Administration Services:
2.3 The Consultant shall manage the design services, bidding assistance and construction
management for the Project. The Consultant shall confer with the SMCRA, research applicable design
criteria, attend Project meetings, communicate with members of the Project team and issue progress
reports. The Consultant shall coordinate the services provided by the team members.
2.4 When Project requirements have been sufficiently identified, the Consultant shall
prepare, and periodically update, a Project schedule that shall identify milestone ,dates for decisions
required of the SMCRA, design services furnished by the Consultant, completion of documentation
provided by the Consultant, commencement of construction and Substantial Completion of Work.
,.2.5 The Consultant shall consider, the value of alternative materials, building systems and
equipment, together with other considerations based on program, budget and aesthetics in developing the
design for the Project.
2.6 Upon request of the SMCRA, the Consultant shall make a presentation to explain the
design of the Project to representatives of the SMCRA.
2.7 The Consultant shall submit design documents to the SMCRA at intervals. appropriate to
the design process for purposes of evaluation and approval by the SMCRA. The Consultant shall be
entitled to rely on approvals received from the SMCRA in the further development of the design.
2.8 The Consultant shall assist the SMCRA in connection with the SMCRA's responsibility
for filing documents required for the approval of government authorities having jurisdiction over the
Project.
Evaluation of Budget and Cost of the Work i
2:9 'When the Project requirements have been sufficiently identified, the Consultant shall
prepare a preliminary estimate of the Cost of Work. This estimate may be based on current area, volume
or similar conceptual. estimating techniques. As the design process progresses through the end of the
preparation of the ' Construction Documents, the Consultant shall update and refine the preliminary
estimate of the Cost of Work. The Consultant shall advise the SMCRA of any adjustment to previous
estimates of the Cost of Work indicated by changes in Project requirements or general market conditions.
If at any time the Consultant's estimates of the Cost of Work exceed the SMCRA's budget, the
Consultant shall make appropriate recommendations to the SMCRA to adjust the Project's size, quality or
budget, and the SMCRA shall cooperate with the Consultant in making such adjustments.
Page 2 of 22
2.10 Evaluations of the SMCRA's Budget for the Project, the preliminary estimate of the Cost
of Work and updated estimates of the Cost of Work prepared by the Consultant represent the Consultant's
judgment as a design professional familiar with the construction industry. It is recognized, however, that
neither the Consultant nor the SMCRA has control over the cost of labor, materials or equipment, over the
Consultant's methods of determining bid prices, or over competitive bidding, market or negotiating
.conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids or negotiated
prices will not vary from the Owner's budget for the Projector from any estimate of the Cost of Work or
evaluation prepared or agreed to by Consultant.
2.11 In preparing estimates of the Cost of Work, the Consultant shall be permitted to include
contingencies for design, bidding and price escalation; to determine what materials, equipment,
component systems and types of constructions are to be included in the Contract Documents; to make
reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids
as may be.necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of
Work. If an increase in the Contract Sum occurring after execution of the Contract between' the SMCRA
and .the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be
increased accordingly.
2.12 If bidding or negotiating has not commenced within 90 days after the Consultant'submits
the Construction Documents to the SMCRA, the budget for the Cost of Work shall be adjusted to reflect
changes in the general level of prices in the construction industry.
2.13 If the budget for the Cost of Work is exceeded by the lowest bona fide bid or negotiated
proposal, the SMCRA shall: '
a. give written approval of an increase in the budget for the Cost of Work;
b. authorize re- bidding or negotiating of the Project within a reasonable time;
C. terminate; or
d. cooperate in revising the Project scope and quality as required to reduce the Cost of Work.
2.14 If the SMCRA- chooses to proceed, the Consultant, without additional compensation,
shall modify the documents for which the Consultant is responsible under this Agreement as necessary to
comply with the budget for the Cost of Work. The modification of such documents shall be the limit of
the Consultant's responsibility under this Section. The Consultant shall be entitled to compensation in
accordance with this Agreement for all services performed whether or not construction is commenced.
Supporting Services
2.15 Unless specifically designated, the services listed below (subsection 21.5 -2.17) shall be
provided by the SMCRA or the SMCRA's consultants and contractors.
2.16 The SMCRA shall furnish information setting forth the SMCRA's objectives, including
space, requirements and relationships. The Contractor shall assist the SMCRA with the development of
the space requirements, relationships, design elements etc.
2.17 The SMCRA shall furnish surveys with elevation to describe physical characteristics,
legal limitations and utility locations for the site of the Project, and a written legal description of the site.
The surveys and legal information shall include, as applicable, grades and lines of streets, alleys,'
pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions,
easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations,
Page 3 of 22
dimensions and necessary data with respect to existing buildings, other improvements and trees; and
information concerning available .utility services and lines, both public and private, above and below
grade, including inverts and depths.,All the information on the survey shall be referenced to a Project
benchmark.
Evaluation and Planning Services
2.18 The Consultant shall provide a preliminary evaluation of the information furnished by the
SMCRA under this Agreement, including the SMCRA's program and schedule requirements and budget
for the Cost of Work, each in terms of the other. The Consultant shall review such information to
ascertain that it is consistent with the requirements of the Project and shall notify the SMCRA of any
other information or consultant services that may be reasonably needed for the Project.
2.19 The Consultant shall provide a preliminary evaluation of the SMCRA's site for the
Project based on the information provided by the SMCRA of anticipated impacts that such method, may
have on the SMCRA's program, schedule and budget for the Cost of the Work.
2.20 The Consultant shall review the Consultant's proposed method of contracting for
construction services and shall notify the SMCRA of anticipated impacts that such method may have on
the SMCRA's program, financial and time requirements, and the scope of the Project.. The Contractor
shall, during the initials phase of the project shall attend a minimum of three (3) meetings with the
SMCRA and the SMCRA tenants to develop a building .program, which would be used to develop a
schematic floor plan for the SMCRA
Design Services
2.21 The Consultant's design services shall include normal structural, mechanical and
electrical engineering services.
2.22 Schematic Design Documents. The Consultant shall provide Schematic Design
Documents based on the mutually agreed -upon program, schedule, and budget for the Cost of Work. The
documents shall establish the conceptual design of the Project illustrating the scale and relationship of the
Project components. The Schematic Design Documents shall include a conceptual plan; if appropriate,
and preliminary building plans, sections and elevations. At the Consultant's option, the Schematic Design
Documents may include study models, perspective sketch, electronic modeling or combinations of these
media. Preliminary selections of major building systems and construction materials shall be noted on the
drawings or described in writing.
2.23 Design Development Documents. The Consultant shall provide Design Development
Documents based on the approved Schematic Design Documents and updated budget for the Cost of
Work. The Design Development Documents shall illustrate and describe the refinement of the design of
the Project, establishing the scope, relationships, forms size and appearance of the Project by means of
plans, sections and elevation, typical construction details, and equipment layouts. The Design.
Development Documents shall include specifications that identify major materials and systems and
establish in general their quality level.
2.24 During the development of the Construction Documents, the Consultant shall assist the
SMCRA in the development and preparation 'of, (1) bidding and procurement information which
describes the time, place and conditions of bidding; bidding or proposal forms; and the forms of
agreement between the owner and Contractor; and (2) the Conditions of the Contract for Construction
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(General, Supplementary and other Conditions). The Consultant.also shall compile the Project Manual
that includes the Conditions of the Contract for Construction and Specifications and may include bidding
requirements and sample forms.
2.25 Pursuant to section 4.11 of this agreement, an additional amount shall be budgeted by the
SMCRA in addition to the stated cost for design services ($65,000) as a contingency for unanticipated
design contingency costs which contingency shall consist of $6,500 and shall be budgeted and may be
utilized for project contingency and design reimbursable costs including SMCRA authorized change
orders and/or to be used as resign reimbursables including: courier service expenses, printing expenses
and any advancements made for permitting costs. The first three sets per design phase shall not be
reimbursed and shall be the cost expenditure of the Contractor. Printing costs above the three copies to be
provided to the SMCRA, 'thereafter, shall be a' reimbursable expense. Travel time shall not be
reimbursable.
2.26 It is anticipated that additional construction "soft costs" in the approximate amount of
$10,000 may be incurred by the SMCRA for potential testing for such things as soil compaction, survey
of the land, building permits; and concrete strength.
Construction Procurement Services
2.27 The Consultant shall assist the SMCRA in obtaining either competitive bids or negotiated
proposals and shall assist the SMCRA in awarding and preparing contracts for construction.
2.28 The Consultant shall assist the SMCRA in establishing a list'of prospective bidders or
contractors.
2.29 The Consultant shall assist the SMCRA in bid validation or proposal evaluation and
determination of the successful bid or proposal, if any. If requested by the SMCRA, the Consultant shall
notify all prospective bidders or contractors of the bid or proposal results.
2.30 Competitive Bidding - Bidding Documents shall consist of bidding requirements,
proposed contract forms, General Conditions and Supplementary Conditions, Specifications and
Drawings.
2.31 If requested by the SMCRA, the Consultant shall arrange for procuring the reproduction
of Bidding Documents for distribution to prospective bidders. The SMCRA shall pay directly for.the cost
of reproduction or shall reimburse the Consultant for such expenses.
2.32 If requested by the SMCRA, the Consultant shall distribute the Bidding Documents to
prospective bidders and request their return upon completion of the bidding process. The Consultant shall
maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and
returned to prospective bidders.
2.33 ' The Consultant shall consider requests for substitutions, if permitted by the Bidding
Documents, and shall reimburse the Consultant for such expenses.
2.34 The Consultant shall participate in or, at the SMCRA's . direction, shall organize and
conduct a pre -bid conference for prospective bidders.
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2.35 The Consultant shall prepare responses to questions from prospective bidders and provide
clarifications and interpretations of the ,Bidding Documents to all prospective bidders in the form of
addenda.
2.36' Negotiated Proposals - Proposal documents shall consist of proposal requirements,
proposed contract forms, General Conditions and Supplementary Conditions, Specifications and
Drawings.
2.37 If requested by the SMCRA, the Consultant shall arrange for procuring the reproduction
of Proposal Documents for disbursement to prospective contractors. The SMCRA shall pay directly for
the.cost or,reproduction or shall reimburse the Consultant for such expenses.
2.38 If requested by the SMCRA, the Consultant shall organize and participate in selection
interviews with perspective contractors.
2.39 The Consultant shall consider requests for substitutions, if permitted by the Proposal
Documents and shall prepare and distribute addenda identifying approved substitutions to all prospective
contractors.
2.40 If requested by the SMCRA, the Consultant shall assist,the SMCRA during negotiations
with prospective contractors. The Consultant shall subsequently prepare a summary report of the
negotiation results, as directed by the SMCRA.
Contract Administration Services
2.41 General Administration '- The Consultant shall provide administration of the contract
between the SMCRA and the Consultant.
r
2.42 The Consultant's responsibility to provide the Contract Administration Services under
this Agreement commences with the award of the initial Contract for Construction and terminates at the
issuance to the Owner of the final Certificate for Payment. However, the Consultant shall be entitled to a
Change in Services in accordance with the change work order section of this contract, and shall extend 60
days after the date of Substantial Completion of the Work.
2.43 The Consultant shall be a representative of and shall advise and consult with the SMCRA
during the provision of the Contract Administration Services. The Consultant shall have authority to act
on behalf of. the Owner only to the extent, provided in this Agreement unless-.-otherwise modified by
written amendment.
2.44 Duties, responsibilities and limitations of authority of the Consultant under this
agreement shall not be restricted, modified or extended without written agreement of the SMCRA and
Consultant with consent of the Contractor, which consent will not be unreasonably withheld.
2.45 The Consultant shall review properly prepared, timely requests by the Contractor for
additional information about the Contract Documents. A properly prepared request for additional about
the Contract Documents shall be in a form prepared or approved by the Consultant and shall include a
detailed written statement that indicates the Specific Drawings or. Specifications in need of clarification
and the nature of the clarification requested.
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2.46 If deemed appropriate by the Consultant, the Consultant shall on the SMCRA's behalf
prepare, reproduce and distribute supplemental Drawings and Specifications in-response to requests for
information by the Contractor.
2.47 ' The Consultant shall interpret and decide matters concerning performance of the SMCRA
and Contractor under, and requirements of, the Contract Documents on written. request of either the .
SMCRA or Contractor. The Consultant's response to such requests shall be made in .writing within any
time limits agreed upon or otherwise with reasonable promptness.
2.48 Interpretations and decisions of the Consultant shall be consistent with the intent of and
reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings.
When making such interpretations and initial decisions, the Consultant shall endeavor to secure faithful
performance by both SMCRA and Contractor, shall not show partiality.to neither, and shall not be liable
for the results of interpretations or decisions so rendered in good faith.
2.49 The Consultant shall render initial decisions or claims, disputes or other matters in
question between the SMCRA and Contractor as provided in the Contract Documents. However,. the
Consultant's decisions on matters relating to aesthetic effect shall be final if consistent with the intent
expressed in the Contract Documents.
2.50 Evaluations of the Work - The'Consultant,. as a representative of the SMCRA, shall visit
the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the
SMCRA and the Consultant to become generally familiar with and to keep the SMCRA informed about
the progress and quality of the portion of the Work completed, (2) to endeavor to guard the SMCRA
against defects and deficiencies in the Work, and (3) to determine in general if the Work is being
performed in a manner indicating that the Work, when fully completed, will be in accordance with the
Contract Documents. However, the Consultant shall not be required to make exhaustive or continuous on-
site inspections to check the quality or quantity of the Work. The Consultant shall neither have control
over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the Work, since these are solely the
Contractor's rights and responsibilities under the Contract Documents.
2.51 The Consultant shall report to the SMCRA known deviations from the Contract
Documents and from the most recent construction schedule submitted by the Contractor. However, the
Consultant shall not be responsible for the Contractor's failure to perform the Work in accordance with
the requirements of the .Contract Documents. The Consultant shall be responsible for the Consultant's
negligent acts or omissions, but shall not have control-over or charge of and shall not be responsible for
acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons
or entities performing portions of the Work. I.
2.52 The Consultant shall at all times have access to the Work wherever it is in preparation or
progress.
2.53 Except as other wise provided in this Agreement or when direct communications have
been specially authorized, the SMCRA shall endeavor to communicate with the Contractor through the
Consultant about matters arising out of or relating to the Contract Documents. Communications by and
with the Consultant's team members shall be through the Consultant.
2.54 The Consultant shall have authority to reject Work-that does not conform to the Contract
Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will have
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authority to require inspection or testing of the Work in accordance with the provisions of the Contract
Documents, whether or not such Work is fabricated, installed or completed. However, neither this
authority of the Consultant nor a decision made in good faith either to exercise such authority shall give.
rise to duty or responsibility of the Consultant to the Contractor, Subcontractors, material and-equipment
suppliers, their agents or employees or other persons or entities performing portions of the Work.
2.55 Submittals - The Consultant shall review and approve or take other appropriate action
upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking fro conformance, with information given and the design concept expressed in
the Contract Documents. The Consultant's action shall be taken with such reasonable promptness as to
cause no delay in the Work or in the activities of the SMCRA, Contractor or separate contractors, while
allowing sufficient time in the Consultant's professional judgment to permit adequate review. Review of
such submittals is not, conducted for the purpose of determining the accuracy and completeness of other
details such as dimensions and quantities, or for substantiating instructions for installation or performance
of equipment. or systems, all of which remain the responsibility of the Contractor as required by the
Contract Documents. The Consultant's review shall not constitute , approval of safety precautions or,
unless otherwise specifically stated by the Consultant, of any construction means, methods, techniques,
sequences or procedures. The Consultant's approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
Project Completion
2.56 The, Consultant shall conduct inspections to determine the date or dates of Substantial
Completion, and the date of final completion, shall receive from the Contractor and forward to the
SMCRA, for the SMCRA's review and records, written warranties and related documents required by the
Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment
based upon a final inspection indicating the Work complies with the requirements of the Contract
Documents.
2.57 The Consultant's inspection shall be conducted with the SMCRA's Designated
Representative to check conformance of the Work with the requirements of the Contract Documents and
to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed
or corrected.
2.58 When the Work is found to be substantially complete, the Consultant shall inform the
SMCRA about the balance of the Contract Sum remaining to be paid the Contractor, including any
amounts needed to pay for final completion or correction of the Work.
2.59 The Consultant shall receive from the Contractor and forward to the Owner (1) consent of
surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and
(2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the SMCRA against liens.
2.60 Facility Operation Services - The Consultant shall meet with the SMCRA or the
SMCRA's Designated Representative promptly after Substantial Completion to review the need for
facility operation services.
2.61 Upon request of the SMCRA, and prior to the expiration of one year from the date of
Substantial Completion, the Consultant shall conduct a meeting with the SMCRA and the SMCRA's
Designated Representative to review the facility operations and performance and you make appropriate
recommendations to the SMCRA. `
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Schedule'of Services
2.62 Design and Contract Administration Services shall be provided by the Architect and shall
consist of:
Reviews of each Shop Drawing, Product Data item,
Sample and similar submittal of the Contractor.
2. Visits to the site by the Architect over the duration
Of the Project during construction.
3. Inspections for any portion of the Work to
Determine whether such portion of the Work is substantially complete in accordance with
the requirements of the Contract Documents
4. Inspections for. any portion of the Work to Determine final completion.
SECTION 3. TERM/TERMINATION
3.1 ' Term of Agreement. This agreement shall commence on the date this instrument is fully
executed by all parties and shall continue in full force and effect, unless and until terminated pursuant to
section 3.2 or other applicable sections of this agreement.
3.2 Termination For Convenience. The SMCRA may terminate this, agreement for
convenience at any time by giving 30 days notice in writing to the consultant. The consultant will be paid
for the value of services performed pursuant to the schedule contained in the statement of work, up to and
including the termination date.. Consultant will be permitted to complete on -going investigations and
shall be paid for all satisfactory work completed. The SMCRA shall not be liable for future profits or
losses. In the event that the SMCRA improperly terminates the agreement for default under paragraph
3.3, the termination shall be deemed a termination for convenience under this paragraph.
3.3 Termination For Default. Either party may terminate this agreement prior .to the
expiration of the initial term or any subsequent renewal term on account of a material breach of this
agreement by the other party, which has not been cured within 10 days from the date of receipt of written
notice of breach from the party seeking termination. Termination shall be effective as of the end of the
notice period in the case of any uncured material breach. Consultant may terminate this agreement prior.
to the expiration of. the initial term or any subsequent renewal .term upon not less than 10 -days prior
written notice to the SMCRA in the event that consultant is unable to complete the, services identified in
section 2 due to causes beyond consultant's control. The SMCRA shall have no liability to the consultant .
for future profits or losses in the event of termination for'default. The rights and remedies of the SMCRA
provided in this provision shall not be exclusive and are in addition to any other rights and • remedies
provided by law or under this agreement. Should consultant provide the SMCRA with written notice of
cancellation of agreement, consultant will be required to refund a pro -rata share of the compensation
identified in section 2.
3.4 Termination for Delay. If the, project is suspended or the consultant's services are
delayed by the SMCRA for more than 30 consecutive days, the consultant may terminate this agreement
by giving not less than 10 days written notice. The liability of the SMCRA upon termination by the
Page 9 of 22
consultant for suspension or delay of the project shall be for the value of services performed. pursuant to
the schedule contained in the statement of work rendered by consultant to the time of termination by
consultant. The SMCRA shall not be liable for future profits or losses.
3.5 Termination for Lack of Funds. Not withstanding any other provisions of the
agreement, if the funds anticipated by the SMCRA for the for the payment of work under this agreement
are at any time not forthcoming, through the failure of the SMCRA to appropriate funds, the failure of
Miami -Dade County, the Florida Legislature, or.the U.S. Congress to appropriate funds, or the refusal of
the administrative branch of the federal or county government to release funds, or due to any other reason
for the unavailability of funds in succeeding fiscal years, or the discontinuance or material alteration of
the program under which funds are to be provided, the SMCRA shall have the right to terminate the
agreement without penalty by giving not less than 10 days written notice of the lack of available funding.
3.5.1 In the event the SMCRA declines to appropriate, funds for payment of the
agreement for future fiscal years, consultant shall be paid for work performed under the agreement with
funds that are appropriated for the current fiscal year. The liability of the SMCRA to consultant shall be
limited to the obligation to budget and appropriate funds for work performed during the current fiscal
year.
3.5.2 The SMCRA shall submit all required documents requesting payment within a
reasonable time. The SMCRA shall not be liable to consultant for work performed in the event that
payment is not received by the SMCRA from a county, state or federal funding authority. This is a pay -
when -paid clause.
SECTION 4. ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES
4.1, Changes Permitted. The SMCRA shall not be liable to pay, and shall not pay, charges
for extra work, delay charges, or additional work, unless the SMCRA's contract officer specifically
authorizes the .extra or additional work, in a written task order before the commencement of the work.
Changes in the scope of services of a project agreement consisting of additions, deletions, revisions, or
any combination thereof, may be ordered by the SMCRA by. change order without invalidating the project
agreement.
4.2 If professional design services or certifications by a design professional related to
systems, materials or equipment are specifically required of the Contractor by the Contract Documents,
the Consultant shall specify appropriate performance and design criteria that such services must satisfy.
Shop Drawings and other submittals related to the Work designed or certified by the design professional
retained by the Contractor shall bear such professional's. written approval when submitted to the
Consultant. The Consultant shall be entitled to rely upon the adequacy, accuracy and completeness of the
services, certifications or approvals performed by such design professionals.
4.3 The Consultant shall prepare Change Orders and Construction Change Directives for the
Owner's approval and execution in accordance with the Contract Documents. The Architect' may
authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the
Contract Time which are consistent with the intent of the Contract Documents. If necessary, the
Consultant shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be
added, deleted or modified.
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l
4.4 The Consultant shall review properly prepared, timely requests by the SMCRA or
Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A
properly prepared request, for a change in Work shall be accompanied by sufficient supporting data and
information to permit the Consultant to make a reasonable determination without extensive investigation
or preparation of additional drawings or specifications. If the Consultant determines that requested
changes in the Work are not materially different from the requirements of the Contract Documents, the
Consultant may issue an order for minor change in the Work or recommend to the SMCRA that the
requested change be denied. .
4.5 If the Consultant determines that implementation of the requested changes would result in
a material change to the Contract that may cause an adjustment in the Contract Time, or Contract Sum, the
Consultant shall make a recommendation to the SMCRA, who may. authorize further investigation of such
change. Upon such authorization, and based upon information furnished by the Contractor, if any, the
Consultant shall estimate the additional cost an time that might result from such change, including.any
additional costs attributable to a Change in Services of the Consultant. With the SMCRA's approval, the
Consultant shall incorporate those estimates into a. Change Order or other appropriate documentation for
the SMCRA's execution or negotiation with the Contractor.
4.6 The Consultant shall maintain records relative to changes in the Work.
4.7 The following Design and Contract Administration Services shall be provided by the
Consultant as a Change in Services:
1: review of a Contractor's submittal out of sequence from the submittal schedule agreed to
by the Consultant;
2. responses to the Contractor's request for information where such information is
available to the Contractor from a careful study and comparison of the Contract
Documents, field conditions, other correspondence or documentation;
3. Change Orders and Construction Change Directives requiring evaluation of proposals,
including the preparation or revision of Instruments of Service;
4. providing consultation concerning replacement of Work resulting from fire or other cause
during construction;
5. evaluation of an extensive number of claims submitted by the SMCRA's consultants, the
Contractor or others in connection with the Work.
6. evaluation of substitutions proposed by the SMCRA's consultants or contractors and
making subsequent revisions to Instruments of Service resulting there from;
7. preparation of design and documentation for alternate bid or proposal requests proposed
by the Owner;
8. Contract Administration Services provide 60 days after the date of Substantial
Completion of the Work.
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4.8 The Consultant shall furnish or provide the following services only if specifically
Services Responsibility Location of
(Architect, Owner Service Description
Not Provided)
.1 Programming..
.2 Land Survey Services
.3 Geotechnical Services
.4 Space Schematics/Flow Diagrams
.5 Existing Facilities Survey
.6 Economic Feasibilities Study
.7 Site Analysis and Selection
.8 Environmental Studies and Reports
.9 Owner- Supplied Data Coordination
.10 Schedule Development and Monitoring
.11 Civil Design
.12 Landscape Design
.13 Interior Design
.14 Special Bidding or Negotiation
.15 Value Analysis
.16 Detail Cost Estimating
.17 On -Site Project Representation
.18 Construction Management
.19 Start -Up Assistance
.20 'Record Drawings
.21 . Post - Contract Evaluation
.22 Tenant - Related Services
4.9 Change Order Defined. Change order shall mean a wri6n order to the consultant
executed by the SMCRA, issued after execution of a project agreement, authorizing and directing a
change in the scope of services or an adjustment in the contract price or the contract time, or any
combination thereof. The contract price and/or the contract time may be changed only by change order.
4.10 Effect of Executed Change Order. The execution of a change order by the SMCRA
and the consultant shall !constitute conclusive evidence of the consultant's agreement to the ordered
changes in the scope of services or an adjustment in the contract price or the contract time, or any
combination thereof. The consultant, by executing the change order, waives. and forever releases any
claim against the SMCRA for additional time or compensation for matters relating to or arising out of or
resulting from the services included within or affected by the executed change order.
4.11 Authority to Execute Changes or Requests for Additional Services. The SMCRA
manager is authorized to negotiate and execute change orders, in an amount not to exceed $6,500.00 per
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contract in accordance with section 2.25 of this agreement. Changes, which exceed $5,000.00, shall be
approved by the SMCRA board.
SECTION 5. NO DAMAGES FOR DELAY CLAUSE
5.1 No claim for damages or any claim other than for an extension of time shall be made or
asserted against the SMCRA by reason of any delays. The consultant shall not be entitled to an increase
in the agreement sum or payment of compensation of any kind from the SMCRA for direct, indirect,
consequential, impact, mobilization, demobilization, or other costs, expenses or damages, including, but
not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever; provided, however, that this provision shall not preclude recovery
or damages:by the consultant for hindrances or. delays due solely to fraud, bad faith or active interference
on the part of the SMCRA or its-agents. Otherwise, the consultant shall be entitled only to extension of
the agreement time as the sole and exclusive remedy for a resulting delay, in accordance with and to the
extent specifically provided above.
SECTION 6. RIGHT TO WITHHOLD .
6.1 If work under this agreement is not performed in accordance with the terms hereof, the
SMCRA has the right to withhold any payment due to the consultant, of any sums as the SMCRA may
deem sufficient to protect it against loss, onto ensure payment of claims, and, at its option, the SMCRA
may apply the sums in the 'manner as the SMCRA may deem proper to secure itself or to satisfy the
claims. The SMCRA will provide consultant with 10 days prior written notice in the event that it elects to
exercise its right to withhold under this paragraph.
SECTION 7. INTEREST PAYMENTS
. 7.1 The SMCRA shall make payment to consultant within 30 days of receipt of the original
written invoice and sufficient backup documentation and acceptance of the work by the SMCRA. Interest
shall accrue on unpaid invoices as provided by section 218.74, Florida Statues.
7.2 Consultant shall not be entitled to any carrying charges or finance fees due to late
payment by the SMCRA.
SECTION 8. SURVIVAL OF PROVISIONS
. 8.1 Any terms or conditions of either this agreement or any subsequent project agreement
that require acts beyond the date of the term of either agreement, shall survive termination of the
agreements, shall remain in full force and effect unless and until the terms or conditions are completed
and shall be fully enforceable by either party.
SECTION 9. SMCRA'S RESPONSIBILITIES
9.1 Assist consultant by placing at its disposal all available information as may be requested
in writing by the consultant and allow reasonable access to all pertinent' information relating to the
services to be performed by consultant.
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9.2 Furnish to consultant, at the consultant's written request, all available maps, plans,
existing studies; reports and other data pertinent to the services to be provided by consultant, in
possession of the SMCRA.
9.3 Arrange for access to and make all provisions for.consultant to enter upon public property
as required for consultant to perform services.
SECTION 10. CODE OF ETHICS
10.1 Consultant warrants and represents that its employees will abide by the Conflict of
Interest and Code of Ethics Ordinances set forth section 2 -11.1 of the Miami -Dade County Code, and the
City of South Miami code, as these codes may be*amended from time to time.
SECTION 11. POLICY OF NON- DISCRiMINATION/WAGES
11.1 The consultant, shall comply with. all federal, state and local laws and ordinances
applicable to the work or payment for work and shall not discriminate on the grounds of race, color,
religion, sex, age, marital status, national origin, physical or mental disability in performing under .this
agreement.
11.2 The consultant shall comply with the wage provisions of section 287.055, Florida
Statutes. If the project is subject to federal or state grant funding that requires specific wage and non-
discrimination provisions, the consultant shall be "required to comply with applicant grant requirements.
SECTION 12. OWNERSHIP OF DOCUMENTS/DELIVERABLES
12.1 All finished or unfinished documents; including but not limited to, detailed reports,
studies, plans, drawings, surveys, maps, models,. photographs, specifications, digital files, and all other
data prepared for- the SMCRA or furnished by the consultant pursuant to any project agreement, shall
become the property of the SMCRA, whether the project for which they are made is completed or not,
and shall be delivered by consultant to the SMCRA within five calendar days after receipt of written
notice requesting delivery of said documents or digital files. The consultant shall have the right to keep
one record set of the documents upon completion of the project, however, in no event shall the consultant,
without the SMCRA's prior written authorization, use, or permit to be used, any of the documents except
for client or educational presentations or seminar use.
12.2 All subcontracts for the preparation of reports, studies, plans, drawings, specifications,
digital files or other data, entered into by the consultant for each specific project shall provide that all
documents and rights obtained by virtue of the subcontracts shall become the property of the SMCRA.
12.3 All final plans and documents prepared by the consultant shall bear the endorsement and
seal of a person duly registered as a professional engineer, architect, landscape architect,. professional
geologist, or land surveyor, as appropriate, in the State of Florida and date approved and/or sealed.
Consultant shall within three business days of ascertaining or determining that the registered professional
engineer, landscape architect, professional geologist or land surveyor is no longer affiliated with
consultant or barred from practicing under his/her license, shall notify SMCRA of the event and obtain
the services of another, duly qualified and registered professional.
Page. 14 of 22
SECTION 13. RECORDS /AUDITS
13.1 Consultant shall maintain and require subconsultants to maintain, complete and correct
records, books, documents, papers and accounts pertaining to the specific project. Such records, books,
documents, papers and accounts shall be available at all reasonable times for examination and audit by the
SMCRA manager or any authorized SMCRA representative with reasonable notice and shall be kept for a
period of three years after.the completion of each project agreement. Incomplete or incorrect entries in
such records, books, documents, papers or accounts will be grounds for disallowance by or
reimbursement to the SMCRA of any fees or expenses based upon such entries.. Disallowed, fees will be
paid when incomplete or incorrect entries are remedied to the satisfaction of the SMCRA.
13.2 The Consultant shall maintain a record of submittals and copies of submittals supplied by
the Contractor in accordance with the requirements of the Contract Documents.
13.3 The consultant shall comply with Chapter 119, Florida Statutes, as applicable.
13.4 Refusal of the consultant to comply with these provisions shall be grounds for immediate
termination for cause by the SMCRA of this agreement or any project agreement.
SECTION 14. NO CONTINGENT FEE
14.1 Consultant warrants that it.has not employed or retained any company or person, other
than a bona fide employee working solely for consultant, to solicit or secure this agreement and that it has
not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide
employee working solely for consultant, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award ,or making of this agreement. In the event the consultant
violates this provision, the SMCRA shall have the right to terminate this agreement or any. project
agreement, without liability, and at its sole discretion, to deduct from the contract.price, or otherwise
recover, the full amount of such fee, commission, percentage, gift or consideration.
SECTION 15. INDEPENDENT CONTRACTOR
15.1 The consultant is an independent contractor under this agreement and any project
agreements and nothing in this agreement shall create any association, partnership, or joint venture,
between the parties, or any employer — employee relationship. Personal services provided by the
consultant shall be by employees of the consultant and subject to supervision by the consultant, and not as
officers, employees, or agents of the SMCRA, personnel policies, tax responsibilities, social security,
health insurance, employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under this agreement or any project agreements shall be those of the
consultant.
SECTION 16. ASSIGNMENT; AMENDMENTS
16.1 This agreement shall not be assigned, transferred or otherwise encumbered, under any
circumstances, by consultant, without the prior written consent of the SMCRA.
Page 15 of 22
16.2 No modification; amendment or alteration in the terms or conditions of this agreement
shall be effective unless contained in a written document executed with the same formality as this
agreement.
SECTION 17. INDEMNIFICATION/HOLD HARMLESS
17.1 The SMCRA shall not be held liable or responsible for any claims which may result from
acts, errors or omissions of the consultant or its subcontractors; suppliers or laborers. In reviewing, approving
or rejecting any submissions or -acts of the consultant, the SMCRA in no way assumes responsibility or
liability for the acts, errors or omissions of the consultant or subcontractors.
17.2 The consultant shall not commence work under this agreement until it has obtained all
insurance required by the SMCRA. The consultant shall defend, indemnify and hold the SMCRA
harmless from any and all claims, liability, losses, expenses and causes of action arising solely out of a
negligent act, error, or omission or misconduct of the consultant, or the consultant's subcontractors,
suppliers and laborers incident to the performance of the consultant's services under this agreement. The
consultant shall pay all claims, losses, fines, penalties, costs and expenses of any nature whatsoever
resulting from its intentional misconduct or negligence.
17.3 Pursuant to section 725.08, Florida Statutes, the consultant shall indemnify and hold
harmless the SMCRA and its officers and employees, from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorneys' fees, to the extent such liabilities,
damages, losses, and costs are caused by the negligence, recklessness, or intentionally
wrongful conduct of the consultant or any persons employed or utilized by the consultant in
the performance of this or any project agreement.
SECTION 18. INSURANCE
18.1 The consultant shall secure and maintain throughout the duration of this agreement and
any project agreement, insurance of such type and in such amounts necessary to protect its interest and the
interest of the SMCRA against hazards or risks of loss as specified below. The insurance coverage shall
include a minimum of.
A. . Professional Liability Insurance in the amount of $1,000,000.00 with deductible per
claim if any, not to exceed 5 % of the limit of liability providing for all sums which the
consultant shall become legally obligated to pay as damages for claims arising out of the
services performed by the consultant or any person employed by him in connection with this
agreement. This insurance shall be maintained for three years after completion of the
construction and acceptance of any project covered by this agreement. However, the
consultant may purchase Specific Project Professional Liability Insurance which is also
acceptable.
B. . Comprehensive general liability insurance with broad form endorsement, including
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 $1,000,000.00 combined single limit per occurrence for
bodily injury and property damage. The policy or policies shall name SMCRA as additional
insured and shall reflect the hold harmless provision contained herein. Coverage must be
afforded on a form no more restrictive than'the latest edition of the Commercial General
Page 16 of 22
Liability Policy, without •restrictive endorsements, as filed by the Insurance Services
Office, and must include: (1) Premises and /or Operations; (2) Independent contractors
and Products and/or completed Operations; (3) Broad Form Property Damage, Personal
Injury and a Contractual Liability. Endorsement, including any hold harmless and /or
indemnification agreement.
C. Workers' Compensation Insurance in compliance with Chapter 440, Florida
Statutes, as presently written or hereafter amended, and applicable federal law. The policies
must include Employer's Liability with minimum limits of $500,000 per accident.
18.2 The policies shall contain waiver of subrogation against the SMCRA where applicable and
shall expressly provide that the policy or policies are primary over any other insurance that the SMCRA may
have. The SMCRA reserves the right 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
SMCRA.
18.3 All of the insurance is to be placed with Best rated A -8 or better insurance companies
qualified to do business under the laws of the State of Florida and have agents upon whom service of process
may be made in the State of Florida.
18.4 The consultant shall furnish certificates of insurance to the SMCRA prior to the
commencement of operations. The certificates shall clearly indicate that the consultant has obtained
insurance in the type, amount, and classification as required for strict compliance with this paragraph and that
no reduction in limits. by endorsement during the policy term, or cancellation of this insurance shall be
effective without 30 days prior written notice to the SMCRA.
18.5 .. The SMCRA is to be specifically included as an additional insured for the liability of the
SMCRA resulting from operations performed by or on behalf of consultant in performance of this or any
project 'agreement. Consultant's insurance, including that applicable to the SMCRA as an additional
insured, shall apply on a primary basis and any other insurance maintained by the SMCRA shall be in
excess of an d shall not contribute to consultant's insurance. Consultant's insurance shall contain a
severability of interest provision providing that, except with respect to the total limits of liability, the
insurance shall apply to each insured or additional insured in the same manner as if separate policies had
been issued to each.
18.6 Prior to the execution of this agreement, consultant shall provide the SMCRA manager
with evidence of insurability from the consultant's insurance carrier or a certificate of insurance. Prior to
execution of any project agreement, the consultant' shall provide to the SMCRA manager, certificates of
insurance evidencing the required insurance coverage. The certificates of insurance shall not only name
the types of policy(ies) provided, but also shall refer specifically to this and any project agreement and
shall state that such insurance is as required by this and any project agreement. The SMCRA reserves the
right to require the consultant to provide a certified copy of such policies, upon written request by the
SMCRA. If a policy is due to expire prior to the completion of the services, renewal certificates of
insurance or policies shall be furnished 30 days prior to the date of their policy expiration. Each policy
certificate shall be endorsed with a provision that not less than 30 days' written notice shall be provided to
the SMCRA before any policy or coverage is cancelled or restricted. Acceptance of the certificate(s) is
subject to approval of the SMCRA manager.
18.7 Compliance with the foregoing requirements shall not relieve the consultant of its liability
and obligations under this agreement.
Page 17 of 22
r
18.8 All deductibles or self - insured retentions must be declared to and be approved by the
SMCRA manager. The consultant shall be responsible for the payment of any deductible or self - insured
retention in the event of any claim. The SMCRA manager may require the consultant, as a condition of
execution of a particular project agreement, to provide a bond or, other monetary consideration to cover
.the consultants' deductible for professional liability insurance.
SECTION 19. REPRESENTATIVE OF SMCRA AND CONSULTANT
19.1 SMCRA Representative. It is recognized that questions in the day -to -day conduct of
this agreement will arise. The SMCRA designates , as the person to whom all
communications pertaining to the day -to -day conduct of this agreement shall be addressed.
19.2 Consultant Representative. 'Consultant shall inform the SMCRA representative, in
writing, of the representative of the consultant to whom all communications pertaining to the day -to -day
conduct of this agreement shall be addressed.
SECTION 20. COST.AND ATTORNEY'S FEES/WAIVER OF JURY TRIAL
20.1 The SMCRA does not waive sovereign immunity for any claim for breach of contract or
for an award of prejudgment interest; provided, however, that in any action arising out of or. to enforce
this agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs in any state
or federal administrative, circuit court and appellate court proceedings.
20.2 In the event of any litigation arising out of this agreement or project agreement, each
party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury.
SECTION 21. MEDIATION
21.1 Any claim or dispute arising out of or related to this agreement shall be subject to
informal mediation as a condition precedent to the institution of legal or equitable proceedings by either
party. Both parties waive any right to arbitration.
21.2 The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in Miami -Dade County, Florida, unless another location is mutually agreed upon.
21.3 Agreements reached in mediation shall be enforceable as settlement agreements in the
circuit court for the 11O' judicial circuit for the State of Florida.
SECTION 22. ALL PRIOR AGREEMENTS SUPERSEDED
22.1 This document incorporates and includes all prior negotiations; correspondence,
conversations, agreements or understandings applicable to the matters contained in this agreement and the
parties agree that there are no commitments, agreements or. understandings concerning the subject matter
of this agreement that are not contained in this document. Accordingly it is agreed that no deviation from
the terms of the. agreement shall be predicated upon any prior representations or agreements whether oral
or written.
) Page 18 of 22
SECTION 23. CONSULTANT'S RESPONSIBILITIES
23.1 The consultant and any and all drawings, plans, specifications, or other, construction or
contract documents prepared by the consultant shall be accurate, coordinated and adequate for
construction and shall comply with all applicable SMCRA codes, state and federal laws, rules and
regulations.
23.2 The consultant shall exercise the same degree of care, skill and diligence in the
performance of the services for each project agreement as is ordinarily provided by a professional
engineer, architect, landscape architect, surveyor or mapper under similar circumstances. If at any time
during the term of any project agreement or the construction of the project for which the consultant has
provided architectural landscape, under a prior project agreement, it is determined that the consultant's
documents are incorrect, defective or fail to conform to the Scope of Services of the. particular project,
upon written notification from the SMCRA, the consultant shall immediately proceed to correct the work,
re- perform services which failed to satisfy the foregoing standard of care, and shall pay all costs and
expenses associated with correcting said incorrect or defective work, including any additional testing,
inspections, "and construction and reimbursements to the SMCRA for any other services and expenses
made necessary thereby, save and expect any costs and expenses which the SMCRA would have
otherwise paid absent the consultant's error or omission. The SMCRA's rights and remedies under this
section are in addition to, and are cumulative of, any and all other rights and remedies provided by this
agreement, the project agreement, by law, equity or otherwise.
23.3 The consultant's obligations under this section of this agreement shall survive
termination of this agreement or any project agreement.
SECTION 24. SUBCONSULTANTS
24.1 None of the work or services under this agreement shall be subcontracted unless
consultant obtains prior written consent from the SMCRA. Approved subcontractors shall be subject to
each provision of this agreement and consultant shall be responsible and indemnify the SMCRA for all
subcontractors' acts, errors or omissions.
24.2 The consultant shall not assign, transfer or pledge any interest in this agreement without
the prior written consent of the SMCRA; provided, however, that claims for money by the consultant
from the SMCRA under this agreement may be assigned, transferred or pledged to a bank, trust company,
or other financial institution without the SMCRA's approval. Written notice of any assignment, transfer
or pledge of funds shall be furnished within 10 days by the consultant to the SMCRA.
24.3 In the event the consultant requires the services of any subconsultants or other
professional associates in connection with services covered by any project agreement, the consultant must
secure the prior written approval of the SMCRA manager. The consultant shall utilize his /her best efforts
to utilize subconsultants where principal place of business is located within the SMCRA or the City of
South Miami, Florida.
24.4 Any subcontract with a subconsultant shall afford to the consultant rights against the
subconsultant which correspond to those rights afforded to the SMCRA against the consultant herein,
including but not limited to those rights of termination as set forth herein.
24.5 No reimbursement shall be made to the consultant for any subconsultants that have not
been previously approved by the SMCRA for use by the consultant.
Page 19 of 22 "
24.6 The consultant, subcontractors, suppliers and laborers are prohibited from placing alien
on SMCRA's property.
SECTION 25. NOTICES
25.1 Whenever. either party desires to give notice to the other, it must be given by hand
delivery, facsimile, or written notice, sent by certified United States mail, with return receipt requested or
a nationally recognized private mail delivery service, addressed to the party for whom it is intended, at the
place last specified, and the place for giving of notice in compliance with the provisions of this paragraph.
For the present, the parties designate the following as the respective places for giving of notice and
identified the following persons as the contracting officers:
FOR CONSULTANT:
The Russell Partnership, Inc.,
Attention: Terry L. Holt, Principal
5815 S.W. 68`f' Street
Miami, Florida 33143
Tel: 305- 663 -7301
Fax: 305- 663 -5411
FOR SMCRA:
SMCRA
Attention: Yvonne McKinely
6130 Sunset Drive
City of South Miami, FL 33143
Telephone: (305) 668 -7238
Facsimile: (305) 668 -7356
SECTION 26. TRUTH -IN- NEGOTIATIONS CERTIFICATE
26.1 Signature of this agreement by consultant shall act as the execution of a truth-in-
negotiations certificate stating that wage rates and other factual unit costs supporting the compensation of
this agreement or any project agreement are accurate, complete, and current at the time of contracting.
Each project agreement's contract prices and any additions shall be adjusted to exclude any significant
sums by which the SMCRA determines the project's contract price was increased due toy inaccurate,
incomplete, or noncurrent wage rates and other factual unit costs. All such adjustments shall be made
within one year following the end of each project agreement.
SECTION 27. CONSENT TO JURISDICTION
27.1 The parties submit to the jurisdiction of any Florida state or federal court in any action or
proceeding arising out of relating to this agreement or any project agreement. Venue of any action to
enforce this' agreement or any project agreement shall be in Miami -Dade County, Florida,
SECTION 28. GOVERNING LAW
Page 20 of 22 '
28.1 This agreement and any project agreement shall be construed in accordance with and
governed by the laws of the State of Florida.
SECTION 29. HEADINGS
29.1. Headings are for convenience of reference only and shall not be considered in -any
interpretation of this agreement.
SECTION 30. EXHIBITS
30.1 Each Exhibit referred to in this agreement forms an essential part of this agreement. The
Exhibits if not physically attached, should be treated as part of this agreement, and are incorporated by
reference.
SECTION 31. SEVERABILITY
31.1 If any provision of this agreement or any project agreement or the application thereof to
any person or situation shall to any extent, be held invalid. or unenforceable, the remainder of this
agreement, and the application of such provisions to persons or situations other than those as to which it
shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force
and effect, and be enforced to the fullest extent permitted by law.
SECTION 32. COUNTERPARTS
32.1 This agreement may be executed in several counterparts, each of which shall be deemed
an original and such counterpart shall constitute one and the same instrument. -
SECTION 33. WARRANTY OF AUTHORITY
33.1 The signatories to this agreement warrant that they are duly authorized by action of their
respective SMCRA commission, board of directors or other authority to execute this agreement and to
bind the parties to the promises, terms, conditions and warranties contained in this agreement.
SECTION 34. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY
34.1 Consultant warrants that neither it, nor any principal, employee, agent, representative or
family member has promised to pay, and consultant has not, and will not, pay a fee the amount of which
is contingent upon the SMCRA awarding this agreement to consultant.
34.2 Consultant warrants that neither it, nor any principal, employee, agent, representative or
family member has procured, or attempted to procure, this agreement in violation of any of the provisions
of the Miami -Dade County or the SMCRA conflict of interest and code of ethics ordinances.
34:3 A violation of this paragraph will result in the termination of the agreement and forfeiture
of funds paid, or to be paid, to the consultant. I .
IN WITNESS WHEREOF, the parties execute this agreement on the respective dates under each
signature: The SMCRA, signing by and through its SMCRA manager, attested to by its SMCRA clerk, _
duly authorized to execute same and by consultant by and through its assistant secretary, whose
Page 21 of 22
representative has been duly authorized to execute same through a resolution of the corporation or
partnership.
ATTEST: SMCRA OF PALMETTO BAY
By:
SMCRA Clerk Stephen David, SMCRA Director .
Date:
APPROVED AS TO FORM:
Eve A. Boutsis,
Nagin Gallop & Figueredo, P.A.
Office of SMCRA general counsel
ATTEST:
The Russell Partnership, Inc.
By:
WITNESSES:
Print Name:
Print Name:
Page 22 of 22
soon
Making our Neighborhood a Great Place to Lhr, Work and Play"
To: Honorable Chair and
SMCRA Board. embers
From: Stephen
RESOLUTION
Date: December 10, 2007
ITEM No. 12
AUTHORIZATION TO ENTER INTO LAWN
MAINTENANCE SERVICE CONTRACT
A RESOLUTION 'OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT
AGENCY, RELATING TO MAINTENANCE OF SMCRA OWNED PROPERTIES;
AUTHORIZING THE SMCRA DIRECTOR TO ENTER INTO CONTRACT .WITH
JOE'S LAWN SERVICE INC. FOR A TOTAL CONTRACTED AMOUNT OF
$10,462.50 TO PROVIDE LAWN MAINTENANCE SERVICES FOR SMCRA
OWNED PROPERTIES FOR THE REMAINDER. OF THE 07/08 FISCAL YEAR
AND CHARGING THE TOTAL AMOUNT TO ACCOUNT NO. 610 -1110- 583 -31 -25
(PROPERTY MANAGEMENT ACCOUNT); AND PROVIDING AN EFFECTIVE
DATE
BACKGROUND
The adopted FY 07/08 Budget contains specific line item funding for property management
lawn maintenance of SMCRA owned properties. The SMCRA sought bid proposals from five
individual lawn service companies to provide lawn maintenance for the remainder of the
07/08 Fiscal Year. Lawn service companies contacted. included Arieta Landscaping Inc;
Amaro . Landscaping ,Associates Inc; All American Landscaping Inc; All Inclusive
Landscaping & Lawn Service Inc; Woody's Lawn Service Inc; and Joe's Lawn Service Inc.
Two of the five lawn service companies have provided bids including Arieta Landscaping Inc
and Joe's Lawn Service Inc. (See Exhibit A and Exhibit B).
Based on a list provided by the SMCRA containing 27, individual lots, Arieta Landscaping
Inc. has provided a single -cut, monthly quote of $3,575 and Joe's Lawn Service Inc. has
provided a quote of $675. In order to provide lawn service for the remainder of the 07/08
Fiscal Year, the cost from Arieta Landscaping Inc. would be $55,412:50 and,the cost from Joe
Landscaping Inc. would be $10,462.50. Approval of the attached resolution shall authorize the
SMCRA Director to enter into a contract with Joe's Lawn Service for a total contract amount
of $10,462.50 to be paid periodically upon completion of monthly lawn service.
Joe's Lawn Service has in the past provided responsive, cost effective lawn maintenance
services to the SMCRA. Approval of the attached resolution shall authorize the SMCRA
Director to enter into contract with Joe's Lawn Service for a total contracted amount of
$10,462.50 for lawn service for the remainder of the 07/08 Fiscal Year. The total amount
shall be charged to Account No. 610 -1110- 583 -31 -25 (Property - Management Account).
i
i
RECOMMENDATION
Staff recommends approval of the attached resolution authorizing the SMCRA Director to
enter into the lawn service contract attached as Exhibit C with Joe's Lawn Service Inc. for a
total contracted amount of $10,462.50. Following the encumbrance of funding, the remaining
balance in Account No. 610 - 1110 - 583 -31 -25 will be $39,537.50.
Attachments:
Lawn Maintenance Quotes
Lawn Service Contract'
SD:ICRA\Aulhorization to Enter into Contract with Joe's Lawn Service.doc
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY
4 'REDEVELOPMENT AGENCY, RELATING TO, MAINTENANCE
5 OF SMCRA OWNED PROPERTIES; AUTHORIZING THE
6 SMCRA DIRECTOR TO ENTER INTO CONTRACT WITH JOE'S
7 LAWN SERVICE INC. FOR A TOTAL CONTRACTED AMOUNT
8 OF $109462.50 TO PROVIDE LAWN MAINTENANCE SERVICES
9 FOR SMCRA OWNED PROPERTIES FOR THE REMAINDER OF
10 THE 07/08 FISCAL YEAR AND CHARGING THE TOTAL
11 AMOUNT, TO ACCOUNT NO. 610 - 1110 - 583 -31 -25 (PROPERTY
12, MANAGEMENT ACCOUNT); AND PROVIDING AN EFFECTIVE
13 DATE.
14
15 WHEREAS, The adopted FY 07/08 Budget contains specific line item
16 funding for property management including lawn maintenance service of SMCRA
17 properties; and
18
19 WHEREAS, the SMCRA recently sought bid proposals from six
20 individual lawn service companies including Arieta Landscaping Inc; Amaro
21 Landscaping Associates Inc; All American Landscaping Inc; All Inclusive
22 Landscaping & Lawn Service Inc; Woody's Lawn Service Inc; and Joe's Lawn
23 Service Inc; and
24
25 WHEREAS, of the six companies contacted, two companies have provided
26 separate monthly bids of $3,575 per cut ( Arieta Landscaping Inc.) and of $675 per
27 cut (Joe's Lawn Service Inc); and
28
29 WHEREAS, in order to provide lawn service for the remainder of the
30 07/08 ' Fiscal Year, the projected cost from Arieta Landscaping Inc. would be
31 $55,412.50 and the projected cost from Joe Landscaping Inc. would be
32 $10,462.50; and
33
34 WHEREAS, Joe's Lawn Service has in the past provided responsive, cost
35 effective lawn maintenance services to the SMCRA.
36 t
37
38 NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY
39 REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI,
40 FLORIDA THAT:
41
N
1 Section 1. The South Miami Community Redevelopment Board authorizes
2 the SMCRA Director to enter into the contract attached as Exhibit C with
3 Joe's Lawn Service for, a total contracted amount of $10,462.50 for lawn
4 maintenance services of SMCRA owned properties for the remainder of the
5 07/08 Fiscal Year. Funding "shall be disbursed on a monthly basis and shall
6 be charged to Account No. 610- 1110 - 583 -31 -25 (Property Management
7 Account).
8
9 Section 2. This resolution shall take effect immediately upon adoption.
10
11
12
13 PASSED AND ADOPTED this' day of December, 2007.
14
15
16 ATTEST: APPROVED:
17
18
19
20 City of South Miami Chairperson Horace Feliu
21 Community Redevelopment Agency
22 Clerk Board Vote:
23 Chairperson Feliu:
24 Vice Chairperson Wiscombe:
25 READ AND APPROVED AS TO FORM: Board Member: Palmer
26 Board Member Birts:
27 Board.Member Beckman:
28 Board'Member R. Williams:
29 Board Member: Williams:
30 Eve A. Boutsis, .
31 General Counsel
32
33
34
l
6
13
6317 -19 SW 59 PLACE
4850
$ 125.00 - $ 250.00
14
5928 SW 66 ST.
7150
$ 200.00 - $ 400.00
15
62ND TERRACE/62ND AVENUE
3525
$ 125.00 -$250.00
16
6411 SW 59TH PLACE
2750
$ 125.00 - $ 250.00
17
6415 SW 60TH AVENUE
2750
$ 125.00 - $ 250.00
18
6415 SW 60TH AVENUE
5875
$ 145.00 - $ 290.00
19
6442 SW 59TH PLACE
4625
$ 125.00 - $ 250.00
20
6443 SW 60TH AVENUE
5875
$125.00 - $ 250.00
21
6429 SW 59TH PLACE
5500
$125.00 - $ 250.00
22
6443 SW 59TH PLACE
5500
$125.00 - $ 250.00
23
6429 SW 59TH PLACE
5875
$ 125.00 - $ 250.00
24
6420 SW 59TH PLACE
2029
$125.00 - $ 250.00
25 16428
SW 59TH PLACE
4296
$ 125.00 - $ 250.00
26 15895
SW 67TH ST.
7150
$ 2100.00 - $ 400.00
27 16400
SW 57TH COURT
ti0ou
$ 125.00 - $ 250.00
Payment to be made as follows:
All material is guaranteed to be as specified. All work
to be completed in a workmanlike manner according
to standard practices. Any alteration or deviation
from above.specifications involving extra cost will be x
executed only upon written orders, and will become
an extra charge over and above estimate. All
agreements contingent upon strike, accidents or delays
beyond our control. Owner to carry fire, tomodo and
other necessary Insurance. Our workers are fully
covered by Workmen's Compensation Insurance
Note Any amount unpaid after such and such date shall bear
interest rate of 1.1 per month from the date the
payment is due.
Acceptance of Proposal
The above price specification and conditions are satisfactory
and are hereby accepted. You are authorized to do the
work as specified. Payment will be made as outline
above.
$ 3575 $7150.00
Authoriz
Signature � .
Note: This proposal may be withdrawn
by Us if not accepted within days_
Signature-
Signature
EXHIBIT A",
!EXHIBIT B
Joe's Lawn Service
5887 SW 590' Street
Miami, FL 33143
Tel: 305- 667 -4400
Bill to:
City of South Miami
6041 SW 63�d Street
Miami, FL 33142 December 4, 2007
Lawn Maintenance Proposal
Quantity
Description
Price per
Cut
Price per
month
1
Yard Service- 6041 SW 63 ST Folio# 09- 4025 - 010 -0850
25.00
50.00
1
Yard Service -5825 SW 68 ST Folio# 09- 4025 - 028 -0930
25.00
50.00
1
Yard Service -5944 SW 64 ST Folio# 09- 4025- 010 -0270
25.00
50.00
1
Yard Service- 5978 SW 64 St Folio# 09- 4025 -.010 -0010
25.00
50.00
1
Yard Service -6401 SW 59 PI Folio# 09- 4025 - 010 -0280
25.00
50.00'
1
Yard Service- Vacant (Right -Of -Way) Folio# 09- 4025 -065 -
0090
25.00
50.00
1
Yard Service- Vacant (No Address) Folio# 09 -4025 -010-
0020
25.00
50.00
1
Yard Service- Vacant (No Address) Folio# 09- 4025 -010 -
0140
25.00
50.00
1
Yard Service- 6016 SW 66 St Folio# 09 -4025- 029 -0100
25.00
50.00
1
Yard Service- 6008 SW 66 St Folio# 09 -4025- 029 -0090
25.00
50.00
1
Yard Service- 6065 SW 64 Terr. Folio# 09 -4025- 000 -0730
25.00
50.00
1
Yard Service -6239 SW 59 PI Folio# 09- 4025 -007 -0280
25.00
50.00
1
Yard Service - 6317 -19 SW 59 PI Folio# 09 -4025- 007 -0330
25.00
50.00
1
Yard Service- 5928 SW 66 St Folio# 09- 4025 - 028 -0200
25.00
50.00
1
Yard Service- 62nd Terr and 62nd Ave Folio# 09 -4025-
009 -0240
25.00
50.00
1
Yard Service- 6411 SW 59th PI Folio# 09- 4025 -010 -0290
25.00
50.00
1
Yard Service- 6415 SW 60th Ave Folio# 09- 4025 -010-
0300
25.00
50.00
1
Yard Service- 6415 SW 60th Ave Folio# 09 -4025 -010-
0030
25.00
50.00
1
Yard Service- 6442 SW 59th PI Folio# 09 -4025- 010 -0180
25.00
50.00
]
Yard Service- 6443 SW 60th Ave Folio# 09 -4025 -010-
0050
25.00
50.00
1
Yard Service- 6429 SW 59th PI Folio# 09 -4025- 010 -0310
25.00
50.00
]
Yard Service- 6443 SW 59th PI Folio# 09 -4025- 010 -0320
25.00
50.00
j
Yard Service- 6429 SW 60th Ave Folio #, 09- 4025 -010-
-0040
25.00
50.00
1
-Yard Service- 6420 SW 59 PI Folio# 09 -4025- 010 -0160
25.00
50.00
j
Yard Service- 6428 SW 59 PI Folio# 09- 4025 - 010 -0170
25,00
50.00
1
Yard Service- 5895 SW 67 St Folio# 09- 4025 - 028 -0300
25.00
50.00
1
Yard Service- 6400 SW 57 Ct Folio# 09 -4025- 015 -0030
25.00
50.00
TOTAL
$675.00
$1350.00
EXHIBIT C
CONTRACT FOR LAWN MAINTENANCE SERVICES
THIS CONTRACT is made and entered into as of the day of December, 2007
by and between . the South Miami Community Redevelopment Agency ( SMCRA), and Joe's
Lawn Service Inc. (contractor).
WHEREAS, the SMCRA desires to engage and retain the services of the contractor to
perform, the work described in this contract and the contractor desires to accept the engagement.
NOW THEREFORE, in consideration of the sum of $10.00, the mutual promises and
covenants contained in this contract, and for other good and valuable consideration, the receipt
and legal sufficiency of which is acknowledged by both parties, the parties agree as' follows:
I. WHEREAS CLAUSES. The above whereas clauses are incorporated and made
a part of this contract.
II. PURPOSE. The purpose of this 'contract is. for contractor to provide the
SMCRA with lawn maintenance services as provided for on the attached Exhibit Cl.,
III. WARRANTY. Any worked performed by the contractor which is not to
the satisfaction of the SMCRA, must be addressed and corrected within 48 hours of verbal and /or
written notice.
IV. GENERAL. Contractor shall at all times enforce strict discipline and good
behavior among its employees and shall take all steps necessary to insure that they are familiar
with and abide by all safety and other rules. Contractor shall provide competent and adequate
installation personnel, and shall assign an experienced supervisor responsible for the property for
the duration of the contract. All personnel shall be required to wear clean uniforms while on site,
with company emblem for identification.' Contractor shall supply all required, Permits, Labor,
Materials and` equipment necessary for the satisfactory performance of the services listed herein.
Contractor shall. provide all licenses, permits and insurance necessary to -perform the services
outlined. Contractor shall take care to avoid damage to Owner's property, and the property of
Owner's tenants, vendors and patrons. Contractor is responsible of the disposal of any debris
associated with any work performed for the SMCRA.
V. CHANGE ORDERS/WORK ORDERS. The SMCRA or Contractor, may at
any time, upon mutual Contract and by written order, make changes within the general scope of
this Contract in the services to be performed. SMCRA may, from time to time, request changes
SMCRA
Contractor
Page 1 of 6
in the services of the Contractor to be performed hereunder. Such changes, including any
increase or decrease in the amount of the Contractor's compensation, which are mutually agreed
upon between SMCRA and the Contractor shall be incorporated in written amendments to this
Contract. If any such changes causes an increase or decrease in the prices charged, the
maximum' amount of the Contract, or the time required for performance of any part of the work
under this Contract,. whether or not changed by the order, or otherwise affects the conditions of
this Contract, SMCRA shall make an equitable adjustment in the maximum amount, the price(s),
the delivery schedule, or other affected terms, and shall modify the Contract with a mutually
negotiated written Change Order.
VI. PAYMENT TERMS. Cost as identified in Exhibit C1 shall be made to Lawn -
Service Contractor on a monthly basis upon completion of work.
VII. TERMINATION FOR CONVENIENCE. The SMCRA may terminate this
contract for convenience at any time by giving 15 -days notice in writing to the contractor. The
contractor will be paid for the value of services performed pursuant to the schedule contained in
the statement of work, up to and including the termination date. Contractor will be permitted to
complete on -going investigations and shall be paid for all satisfactory work completed. The
SMCRA shall not be liable for future profits or losses.
In the event that the SMCRA improperly terminates the contract for default under section
VIII, below, the termination shall be deemed a termination for convenience under this section.
VIII. 'TERMINATION FOR DEFAULT. Either party may terminate this contract
prior to the completion of the work on account of a material breach of this contract by the other
party, which has not been cured within three days from the date of receipt of written notice of
breach from the party'seeking termination. Termination shall be effective as of the end of the
notice period in the case of any uncured material breach.
Contractor may terminate this contract prior to the expiration of the initial term or any
subsequent renewal term upon not less than 30 days prior written notice to the SMCRA in the
event that contractor is unable to complete the services identified in section II due to causes
beyond contractor's control.
The SMCRA shall have no liability to the contractor for future profits or losses in the
event of termination for default. The rights and remedies of the SMCRA provided in this
provision shall not be exclusive and are in addition to any other rights and remedies provided by
law or under this ' contract. Should contractor provide the SMCRA with written notice of
cancellation of contract, contractor will be required to refund a pro -rata share of the
compensation identified in section VI.
SMCRA
Contractor
Page 2 of 6 ,
IX. TRANSFER AND ASSIGNMENT. None of the work or services under this
contract shall be subcontracted unless contractor obtains prior written consent from the SMCRA.
Approved subcontractors shall be subject to each provision of this contract and.contractor shall
be responsible and indemnify the SMCRA for all subcontractors' acts, errors or omissions. The
contractor shall not assign, transfer or pledge any interest in this contract without the prior
written consent of the SMCRA; provided, however, that claims for money by the contractor from
the SMCRA under this contract may be assigned, transferred or, pledged to a bank, trust
company, or other financial institution without the SMCRA's approval. Written notice of any
assignment, transfer or pledge of funds shall be furnished within 10 -days by the contractor to the
SMCRA.
X. RESERVATION OF RIGHTS. The parties agree that this contract may be
amended to modify the scope of services and commitment by contractor to SMCRA , so as to
better fulfill the service needs of the SMCRA and it's properties. No additional consideration
will be necessary to amend this contract.
XI. SOVEREIGN IMMUNITY AND.ATTORNEY'S FEES. The SMCRA does not
waive, sovereign immunity for any claim for breach of contract or for an award of prejudgment
interest; provided, however, that in any action arising out of or to enforce this 'contract, the
prevailing party shall be entitled to its reasonable attorney's fees and costs.
XII. JURISDICTION AND VENUE. For the purposes of this contract, Florida law
shall govern the terms of this contract. Venue shall be in Miami -Dade County, Florida.
XII. INSURANCE AND INDEMNIFICATION. -The SMCRA shall not be held
liable or responsible for any claims which may result from acts, errors or omissions of the
contractor or its subcontractors, suppliers or laborers. In reviewing, approving or rejecting any
submissions or acts of the contractor, the SMCRA'in no way assumes responsibility, or liability
for the acts, errors or omissions of the contractor or subcontractors. The contractor shall not
commence work under this contract until it has obtained all insurance required by the SMCRA.
The contractor shall defend, indemnify and.hold the SMCRA harmless from any and all claims,
liability, losses, expenses and causes of action arising solely out of a negligent act, error, or
omission or misconduct of the contractor, or the contractor's subcontractors, suppliers and
laborers incident to the performance of the contractor's services under this contract. The
contractor shall pay all claims, losses, fines, )penalties, costs and expenses of any nature
whatsoever resulting from its intentional misconduct or negligence.
The contractor shall', maintain during the term of this contract the following insurance:
A. Comprehensive general liability insurance with broad form endorsement,
including automobile liability, completed operations and products liability,
SMCRA
Contractor
Page 3 of 6
contractual liability, severability of interest with cross liability provision, and
personal injury and property damage liability with limits of $1,000,000.00 combined
single limit per occurrence for bodily injury and property damage. The policy or
policies shall name SMCRA as additional insured and shall reflect the hold harmless
provision contained herein.
B. Workers' Compensation Insurance in compliance with Chapter 440, Florida
Statutes, as presently written or hereafter amended.
C. The policies shall contain waiver of subrogation against the SMCRA where
applicable and shall expressly provide that the policy or. policies are primary over
any other insurance that the SMCRA may have. The SMCRA reserves the right 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 SMCRA.
D. All of the insurance is to be placed with Best rated A -8 or better insurance
companies qualified to do business under the laws of the State of Florida.
The contractor shall furnish certificates of insurance to the SMCRA prior to the
commencement of operations. The certificates shall clearly indicate that the contractor has obtained
insurance in the type, amount, and classification as required for strict compliance with this section
and that no reduction in limits by endorsement during the policy term, or cancellation of this
insurance shall be effective without 30 days prior written notice to the SMCRA.
Compliance with the foregoing requirements shall not relieve the contractor of its liability
and obligations under this contract.
XIII. COMPLIANCE WITH LAWS. The Contractor shall be responsible for full
compliance of the design criteria under section III of this contract. Contractor shall additionally
comply with all applicable building codes, state and federal law. Additionally, all work
completed shall be permitted. Any deficiencies in the scope of services shall be remedied by the
Contractor at the Contractor's sole expense.
XIV. LIENS. The Contractor, subcontractors, suppliers and laborers are prohibited
from placing a lien on SMCRA's property.
XV. SEVERABILITY. Should any section or any part of any section of this contract
be rendered void, invalid or unenforceable by any court of law, for any reason, the determination
shall "not render void, invalid or unenforceable any other section or part of any section of this.
contract.
SMCRA
Contractor
Page 4 of 6
XVI. NOTICES. All notices given or required under this contract shall be deemed
sufficient if sent by certified mail, return receipt requested, to the addresses of the contractor and
to the SMCRA specified in this contract, unless either party shall specify to the other party a
different address for the giving of the notices.
XVII. CONTRACTING OFFICER REPRESENTATION. For the purposes of this
contract, the contracting officers are as follows:
To the SMCRA: Stephen David, Director
6130 Sunset Drive
City of South Miami, FL 33143
To Contractor: Joe Kennerly
5887 SW 59`h Street
Miami, Florida 33143
Attention: President
An individual or delegated committee will be designated to represent the SMCRA in all matters
pertaining to the work as it progresses. Interference by unauthorized individuals must be
controlled so as no to impede the smooth progress of the work. Painting contractor shall, review
all work to be accomplished with project representative to preclude misunderstandings.
XVIII. ENTIRE CONTRACT. The contract, when signed by all of the parties,
constitutes the full.and complete understanding and contract of all parties and may not be in any
manner interpreted or fulfilled in contradiction of its express terms. This contract and the
incorporated attachments constitute the entire understanding between the parties and integrates
by its terms all previous contracts or understandings, oral or written, between the parties. In the
event of any conflict, the terms of this contract will govern over the provisions . of any
incorporated documents
XIX. MISCELLANEOUS PROVISION. In the event a court must interpret any word
or provision of this contract, the word or provision shall not be construed against either party by
reason of drafting or negotiating this contract.
IN WITNESS WHEREOF the parties have executed this contract on the date indicated
above.
T •7.1
Contractor
Page 5 of 6
WITNESSED:
ATTEST:
President, Joe's Lawn Service
By:
Stephen David, SMCRA Director
APPROVED AS TO FORM:
Page 6 of 6
Nagin Gallop, & Figueredo,
Office of General Counsel
SMCRA
Contractor
LEXHIBIT C1'
Joe's Lawn Service
5887 SW 59th Street
Miami, FL 33143
Tel: 305- 667 -4400
Bill to:
City of South Miami
6041 SW 63`d Street
Miami, FL 33142 December 4, 2007
Lawn Maintenance Proposal
Quantity
Description
Price per
Cut
Price per
month
j
Yard Service- 6041 SW 63 ST Folio# 09 -4025- 010 -0850
25.00
50.00
j
Yard Service -5825 SW 68 ST Folio# 09 -4025- 028 -0930
25.00
50.00
j
Yard Service -5944 SW 64 ST Folio# 094025- 010 -0270
25.00
50.00
j
Yard Service- 5978 SW 64 St Folio# 09 -4025- 010 -0010
25.00
50.00
j
Yard Service -6401 SW 59 PI Folio# ; 09 -4025- 010 -0280
25.00
50.00'
j
Yard Service- Vacant (Right -Of -Way) Folio# 09- 4025 -065-
0090
25.00
50.00
j
Yard Service- Vacant (No Address) Folio# 09 -4025 -010-
0020
25.00
50.00
j
Yard Service- Vacant (No Address) Folio# 09 -4025 -010 -
0140
25.00
50.00
j
Yard Service- 6016 SW 66 St Folio# 09 -4025- 029 -0100
25.00
50.00
j
Yard Service- 6008 SW 66 St Folio# 09 -4025- 029 -0090
25.00
50.00
j
Yard Service- 6065 SW 64 Terr. Folio# 09 -4025 -000 -0730
25.00
50.00
j
Yard; Service-6239 SW 59 PI Folio# 09 -40257-007 -0280
25.00
50.00
j
Yard Service - 6317 -19 SW 59 PI Folio# 09 -4025- 007 -0330
25.00
50.00
j
Yard Service- 5928 SW 66 St Folio# 09 -4025- 028 -0200
25.00
50.00
j
Yard Service- 62nd Terr and 62nd Ave Folio# 09 -4025-
009 -0240
25.00
50.00
j
Yard Service- 6411 SW 59th Pl Folio# 09 -4025- 010 -0290
25.00
50.00
j
Yard Service- 6415 SW 60th Ave Folio# 09 -4025 -010-
0300
25.00
50.00
j
Yard Service- 6415 SW 60th Ave Folio# 09 -4025 -010-
0030
25.00
50.00
j
Yard Service- 6442 SW 59th PI Folio# 09 -4025- 010 -0180
25.00.
50.00
j
Yard Service- 6443 SW 60th Ave Folio# 09 -4025 -010-
0050
25.00
50.00
j
Yard Service- 6429 SW 59th PI Folio# 09 -4025- 010 -0310
25.00
'50.00
1
Yard Service- 6443 SW 59th PI Folio# 097-4025- 010 -0320
25.00
50.00
1
Yard Service- 6429 SW 60th Ave Folio# 09- 4025 7010-
0040
25.00
50.00
1,
:Yard Service- 6420 SW 59 PI Folio# 09- 4025 -010 -0160
25,00
50.00
1
Yard Service- 6428 SW 59n PI Folio# 09 -4025- 010 -0170
25.00
50.00
j
Yard Service- 5895 SW 67 St Folio# 09 -4025- 028 -0300
25.00
50.00
1
Yard Service- 6400 SW 57 Ct Folio# 09 -4025 -015 -0030
25.00
50.00
TOTAL
$675.00
$1350.00
Authorized Signatures`
Authorized Print Jz�a
0