04-16-02CITY COMMISSION AGENDA
City Commission Meeting
Meeting date: April 16, 2002 6130 Sunset Drive, South Miami, FL
Next Regular Meeting Date: May 7, 2002 Phone: (305) 663 -6340
Time: 7 :30 PM
City of South Miami Ordinance No. 10 -00 -1712 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:
D. Presentation(s)(7:00 p.m.)
National Champions - South Miami High Cheerleaders
South Miami High - Varsity Football Coach
REGULAR CITY COMMISSION 1
AGENDA - April 16, 2002
Sarah Zabel
Parks & Recreation honoring volunteers
Ted Maliaris - A Tribute to America
Auditor's Report - Carlos Trueb;a
Rodriguez, Trueba & Co., P.A.
ITEMS (S) FOR THE COMMISSION'S CONSIDERATION:
1. Approval of Minutes - NONE
2. City Manager's Report
3. City Attorney's Report
PUBLIC REMARKS
CONSENT AGENDA
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS'
FEES APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP
FIGUEREDO, P.A. IN THE AMOUNT OF `$12,055.43; CHARGING
$1,480.75 TO ACCOUNT NO. 1500 - 514 -3435, REAL
PROPERTY/FORECLOSURE; CHARGING $9,969.18 TO ACCOUNT NO.
1500 -514- 3410, LEGAL SERVICES, NON - RETAINER.; CHARGING
$303.75 TO ACCOUNT NO. 608- 1910- 521 -3100, PROFESSIONAL
SERVICES, FORFEITURE; AND CHARGING $301.75 TO ACCOUNT
NO. 1500 - 514 -3452, CODE ENFORCEMENT; PROVIDING AN
EFFECTIVE DATE. 3/5
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
ACCEPTANCE OF A GRANT BY THE FLORIDA DEPARTMENT OF
JUVENILE JUSTICE IN THE AMOUNT OF $75 -,000 FOR THE
PURPOSE OF FUNDING THE CITY OF SOUTH MIAMI CIVIL
CITATION PROGRAM.
3/5
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, ADOPTING THE BREWER PARK
PROJECT INTO THE CAPITAL IMPROVEMENT PLAN; AND
PROVIDING FOR AN EFFECTIVE DATE.
3/5
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING THE GRANT OF
REGULAR CITY COMMISSION 2
AGENDA- April 16, 2002
FUNDS UP TO $49,800 TO THE HISPANIC HERITAGE COUNCIL,
INC., THE SOUTH MIAMI ART FESTIVAL, ART EXPO, THE
MARTIN LUTHER KING JR. PARADE, SANTA'S PARADE OF THE
ELVES, CITY HOLIDAY EVENTS, COMMUNITY RELATIONS BOARD,
COMMISSION FOR WOMEN AND JUNIOR COMMISSION FOR WOMEN,
THE HISTORIC PRESERVATION BOARD, AND THE RED SUNSET
MERCHANTS ASSOCIATION.
3/5
B. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
ACCEPTANCE OF AN FY 2002 AFFORDABLE HOUSING CONTRACT'
FOR $100,000 IN SHIP FUNDS AWARDED BY THE MIAMI -DADE
HOUSING AGENCY; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE GRANT CONTRACT AND APPLICABLE DOCUMENTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
3/5
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
ARQUITECTONICA INTERNATIONAL CORP., RELATED TO DESIGN
AND CONSTRUCTION OF 73' STREET GARAGE AND RETAIL
PROJECT IN THE AMOUNT EIGHTY —SIX THOUSAND EIGHT HUNDRED
($86,800.00) FOR THE SCHEMATIC DESIGN PHASE AND
PROVIDING FOR AN EFFECTIVE DATE.
3/5
ORDINANCE (S) SECOND READING PUBLIC HEARING (S)
10. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 73RD STREET
RETAIL AND PARKING GARAGE CONSTRUCTION FUNDS,
AUTHORIZING THE NEGOTIATION OF A LOAN IN AN AGGREGATE
AMOUNT NOT TO EXCEED $8,000,000 FROM THE FLORIDA
MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND
DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL
LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A
BOND PURCHASE AGREEMENT; APPROVING THE EXECUTION AND
DELIVERY OF A DISCLOSURE AGREEMENT; PROVIDING CERTAIN
OTHER MATTERS, IN CONNECTION WITH THE MAKING OF SUCH
LOAN; AND PROVIDING AN EFFECTIVE DATE (1'st Reading —
April 2, 2002)
3/5
RESOLUTION (S) /PUBLIC HEARING (S)
There are none
REGULAR CITY COMMISSION 3
AGENDA - April 16, 2002
RESOLUTION (S)
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI RELATING TO CHARTER AMENDMENT;
PRESENTING ALTERNATIVE INITIATIVE QUESTIONS TO LIMIT
BUILDING HEIGHT AND DENSITY TO THE ELECTORATE OF THE
CITY AT A SPECIAL ELECTION JUNE 18, 2002; PROVIDING AN
EFFECTIVE DATE. 3/5
ORDINANCE (S) FIRST READING
There are none
SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2 -2.1 (k) (2) OF
THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING
PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO
SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION
SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE
THE COUNCIL BY THE PRESIDING OFFICER, UNLESS PERMISSION
TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE
COMMISSION."
COMMISSION REMARKS
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
REGULAR CITY COMMISSION 4
AGENDA - April 16, 2002
To: Mayor and Commission
From: Earl G. Gallop
City Attorney
CITY OF SOUTH MIAMI
Date: April 12, 2002
Agenda Item
Commission Meeting April 16, 2002
Attorney's Fees Nagin, Gallop and
Figueredo, P.A.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING
ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF
$12,055.43; CHARGING $1,480.75 TO ACCOUNT NO. 1500 - 514 -3435, REAL
PROPERTY/FORECLOSURE; CHARGING $9,969.18 TO ACCOUNT NO. 1500 -514-
3410, LEGAL SERVICES, NON - RETAINER; CHARGING $303.75 TO ACCOUNT NO.
608- 1910 -52- 3100, PROFESSIONAL SERVICES, FORFEITURE; AND CHARGING
$301.75 TO ACCOUNT NO. 1500 -514 -3452, CODE ENFORCEMENT; PROVIDING AN
EFFECTIVE DATE. '
The attached resolution is for Legal Services for the City Attorney for the period ending March
31, 2002 in the total amount of $2,055.43. The accounts are summarized below:
Account
Consulting — Real Property/Foreclosure
Account# 1500 - 514 -3435
Professional Services
Account # 608- 1910 - 521 -3100
CRA Fund — General Legal
Account #610- 1120 - 554 -3415
Available Balance This Invoice
$ 3,200.00 $ 1,480.75
$ 2,000.00 $ 303.75
$
Code Enforcement
Account #1500 -514 -3452 $ 4,986.34 $ 301.75
Telecommunications
Account #1500 -514 -3420 $ 5,420.00 $
Legal Services Non Retainer $ 17,000.00 $ 9,969.18
Account # 1500 - 3410
A detailed Billing Statement is attached.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR
NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF
$12,055.43; CHARGING $1,480.75 TO ACCOUNT NO. 1500 -514-
3435, REAL PROPERTY /FORECLOSURE; CHARGING
$9,969.18 TO ACCOUNT NO. 1500 -514 -3410, LEGAL
SERVICES, NON - RETAINER; CHARGING $303.75 TO
ACCOUNT NO. 608- 1910 -521 -3100, PROFESSIONAL
SERVICES, FORFEITURE; AND CHARGING $301.75 TO
ACCOUNT NO. 1500- 514- 3452, CODE ENFORCEMENT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of South Miami approved
Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187,
authorizing payment of City Attorney non - retainer attorneys' fees and costs; and,
WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City
for legal services rendered, and costs advanced, for the period ending
March 31, 2002, in the amount of $12,055.43; and,
WHEREAS, the City Attorney recommends payment of the attached
invoices.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The invoices for attorneys' fees and costs received from
Nagin Gallop Figueredo, P.A., in the total amount of $12,055.43, are approved for
payment and charging $1,480.75 to account no. 1500 -514 -3435, real
estate /foreclosure; charging $9,969.18 to account no. 1500 -514 -3410, legal, non -
retainer; charging $303.75 to account no. 608 - 1910- 521 -3100, forfeitures; and
charging $301.75 to account no. 1500 -514 -3452, code enforcement.
Section 2. This resolution shall take effect immediately upon approval.
Additions shown by underlining and deletions shown by overstffiM .
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of April, 2002.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Russell:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner Feliu:
\ \Dell 6100 \Documents \City of South Miami \0022- 001 \13472.doc
Page 2 of 2
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue -Third Floor
Telephone: (305) 854 -5353 Miami, Florida 33133-4741 Facsimile: (305) 854 -5351
April 12, 2002
Hakeem Oshikoya
Finance Director
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, Florida 33143
Re: STATEMENTS FOR PROFESSIONAL SERVICES
City of South Miami
Dear Mr. Oshikoya:
Enclosed are our statements for professional services rendered and for costs advanced
for the period ending March 31, 2002, in the amount of $12,055.43, and requisition no. 87.
I have tabulated the amounts currently due on each individual file as follows:
0022 -002 Real Estate & Contracts
Statement No. 11082 dated 04109102
0022 -003 Williamson Foreclousre
Statement No. 11083 dated 04109102
0022 -023 Parking Garage Contract
Statement No. 11084 dated 04109102
0022 -027 Bruce v. Code Enforcement
Statement No. 11085 dated 04109102
Prof 1 Services $ 1,045.00
Disbursements 0.00
Total Due 1,045.00
Prof 1 Services $ 60.00
Disbursements 0.00
Total Due 60.00
Prof 1 Services $ 3,745.00
Disbursements 0.00
Total Due 3,745.00
Profa Services $ 247.50
Disbursements 54.25
Total Due 301.75
Hakeem Oshikoya, Finance Director
CITY OF SOUTH MIAMI
April 12, 2002
Page 2 of 3
0022 -034
CSM v. Third Group Mortgage
Prof 1 Services
$
90.00
Statement No. 11086 dated 04109102
Disbursements
20.00
Total Due
110.00
0022 -046
Merrick v. City of South Miami
Prof I Services
$
437.50
Statement No. 11087 dated 04109102
Disbursements
89.15
Total Due
526.65
0022 -061
NRA, et al. V. City of South Miami
Prof 1 Services
$
490.00
Statement No. 11089 dated 04109102
Disbursements
30.31
Total Due
520.31
0022 -063
City Hall Project
Prof I Services
$
87.50
Statement No. 11090 dated 04109102
Disbursements
0.00
Total Due
87.50
0022 -083
Planning Board
Prof I Services
$
700.00
Statement No. 11092 dated 04109102
Disbursements
0.00
Total Due
700.00
0022 -085
Beckman v. City of South Miami
Prof 1 Services
$
52.50
Statement No. 11093 dated 04109102
Disbursements
0.00
Total Due
52.50
0022 -087
Asher v. City of South Miami
Prof I Services
$
70.00
Statement No. 11094 dated 04109102
Disbursements
23.92
Total Due
93.92
0022 -095
Lazaro D. Tabares — EEOC Claim
Prof 1 Services
$
2,932.50
Statement No. 11096 dated 04109102
Disbursements
1,040.80
Total Due
3,973.30
0022 -099
Forfeiture of Honda Shadow 750
Prof 1 Services
$
70.00
Statement No. 11099 dated 04109102
Disbursements
0.00
Total Due
70.00
I
Hakeem Oshikoya, Finance Director
CITY OF SOUTH MIAMI
April 12, 2002
Page 3 of 3
0022 -101 Hampton Pre - Determination
Statement No. II101 dated 04109102
0022 -103 Forfeiture of 1991 Nissan Sentra
Statement No. 11103 dated 04109102
0022 -105 National City Mtg. Co. v. CSM
Statement No. 11105 dated 04109102
0022 -107 Forfeiture of 1995 Honda Civic
Statement No. 11106 dated 04109102
CURRENT TOTAL DUE
Prof 1 Services $ 270.00
Disbursements 0.00
Total Due 270.00
Prof 1 Services $ 75.00
Disbursements 8.75
Total Due 83.75
Prof I Services $ 255.00
Disbursements 10.75
Total Due 265.75
Prof I Services $ 150.00
Disbursements 0.00
Total Due 150.00
$ 129055.43
Do not hesitate to call me if you have any questions regarding these statements.
EGG:daj
Enclosures
cc: Mayor and City Commission
Very truly yours,
Earl G. Gallop
CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami, Florida 33143
Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 87
Date: April 12, 2002
Finance Department
Item
No.
Quantity
Description and
Specifications
Account Number
Unit Price
Total
1
4
Real Estate /Foreclosure
1500 -514 -3435
$1,480.75
$1,480.75
2
9
Legal, Non - Retainer
1500 -514 -3410
$9,969.18
$9,969.18
3
3
Forfeitures
608- 1910 -521 -3100
$303.75
$303.75
4
1
Code Enforcement
1500 -514 -3452
$301.75
$301.75
TOTAL
1
1 $12,055.43
Purchase Order No. I Terms/Discount
I Hereby Certify That The
Above Material, Equipment,
Or Service Is Essential And A
Proper Request Against The
Coding of Accounts Approved
Purchases as Above Approved
and Issuance of Purchase Order
Authorized
Codes Charge Sufficiency of Appropriation
Balances Verified (Except As
-hG Otherwise Noted)
Head of Department Finance Department City Manager
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 9, 2002
Hakeem Oshikoya
Matter ID: 0022 -002
Finance Director
City of South Miami Real Estate 8 Contracts
6130 Sunset Drive Statement No. 11082
City of South Miami, FL 33143
Hours
Amount
3/4/2002 EAB Telephone conference with Mr. Ralph Rosado, Mr. Balogun, and 1.00
150.00
Ms. Labrad of SFWMD regarding contract revisions; and analysis
of a -mails by Mr. Rosado and Mr. Balogun.
3/6/2002 EAB Telephone conference with Ms. Linton, counsel for SFWMD 0.50
75.00
regarding final terms of contract; negotiated final version which
needs to be executed at next commission meeting on 3/19/02.
3/13/2002 LRF Reviewed and revised water loan agreement; telephone conference 1.00
175.00
with Mr. Ajibola Balogun regarding same.
3/15/2002 EAB Analysis of finalized SFWMD contract; telephone conferences with 1.00
150.00
Mr. Rosado; and prepared confirming email to Mr. Rosado and Mr.
Scurr to execute contract upon commission approval.
3/20/2002' EAB Assisted Ms. Rosa in revising Excel program and lien calculations; 1.00
150.00
telephone conference lien holder on property in CSM and proper
method for requesting reduction of liens.
3/25/2002' EAB Legal research on proposed charter amendment, compliance with 2.30
345.00
Dade County Code or Fla. Statute governing amendments of
constitution, charter, etc; and prepared short memorandum.
Total Professional Services 1,045.00
Rate Summary
Eve A. Boutsis 5.80 hours at $150.00 /hr 870.00
Luis R. Figueredo 1.00 hours at $175.00/hr 175.00
Total hours: 6.80
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
1,045.00
0.00
1,045.00
3,156.97
0.00
4,201.97
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 9, 2002
Matter ID: 0022 -003
Williamson Foreclosure
Statement No. 11083
Rate Summary
Eve A. Boutsis
Payments
3/16/2002 Write -off
0.40 hours at $150.00 /hr
Total hours: 0.40
Write off per EGG
Sub -total Payments
.1 11
45.00
45.00
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
Hours
Amount
3/12/2002 EAB Attention to Williamson matter; email communications with 0.30
45.00
Messrs. Mandler and Shelomith regarding assignment of city's
interest; telephone conference with Mr. Scurr; and forwarded
assignment document to Mr. Scurr for his execution.
3/13/2002 EAB Follow up in Williamson matter; and email communications with 0.10
15.00
Mr. Scurr and Mr. Shelomith regarding executed assignment.
Total Professional Services
60.00
Rate Summary
Eve A. Boutsis
Payments
3/16/2002 Write -off
0.40 hours at $150.00 /hr
Total hours: 0.40
Write off per EGG
Sub -total Payments
.1 11
45.00
45.00
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -003 Statement No.: 11083 Page: 2
For Professional Services 60.00
For Disbursements Incurred 0.00
Current Balance: 60.00
Previous Balance: 45.00
Payments - Thank you 45.00
Total Due 60.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
NAGIN GALLOP FIGUERED10"
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 9, 2002
Hakeem Oshikoya
Matter ID: 0022 -023
Finance Director
Parking garage contract
City of South Miami
6130 Sunset Drive
Statement No.
11084
City of South Miami, FL
33143
Hours Amount
3/5/2002 LRF
Reviewed the documents executed by Mark Richman and Mr.
2.50 437.50
Elias; meeting with Mr. Scurr to execute documents.
3/6/2002 LRF
Telephone conference with George McArdle.
0.30 52.50
3/8/2002 LRF
Meeting with George McArdle to discuss and review draft of
2.50 437.50
Arquitectonica agreement.
3/11/2002 LRF
Telephone conference with Mr. Scurr regarding meeting to discuss
0.20 35.00
financing application.
3/13/2002 LRF
Meeting with Mr. Charles Scurr, Mr. Hakeem Oshikoya, Mr. Gallop,
2.50 437.50
Jean Bell and Irene Marshall to discuss financing for the SPG
project.
3/18/2002 LRF
Meeting with George McArdle to discuss the Arquitectonica
4.80 840.00
agreement; telephone conference with Subrata Basu concerning
the alleyway issue; attended meeting with Subrata Basu and
Arquitectonica's project manager, Anne Cotter.
3/19/2002 LRF
Telephone conferences with Subrata Basu and George McArdle
0.50 87.50
regarding architects agreement.
3/20/2002 LRF
Telephone conference with George McArdle regarding amendments
0.50 87.50
to architects agreement.
3/25/2002 LRF
Reviewed Arquitectonica meeting notes.
0.40 70.00
3/26/2002 LRF
Telephone conference with Irene Marshall, Mark Raymond and Mr.
1.00 175.00
Gallop regarding financing for the parking project.
3/26/2002 EGG
Telephone conferences with Mr. Mark Raymond, bond counsel,
1.20 210.00
Jean Bell and Irene Marshall, BancAmerica, Mr. Figueredo, and
with Mr. Scurr regarding financing parking garage.
3/27/2002 LRF
Telephone conference with Mr. McArdle; transmitted Architects
0.50 87.50
agreement to Mr. McArdle.
3/28/2002 LRF
Meeting with Mr. Scurr and staff regarding financing options in
1.50 262.50
preparation of projected construction costs.
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -023 Statement No.: 11084 Page: 2
3/29/2002 LRF Prepared schedules for the parking garage project. 3.00 525.00
Total Professional Services 3,745.00
Rate Summary
Luis R. Figueredo
Earl G. Gallop
Payments
3/19/2002 Payment
20.20 hours at $175.00/hr
1.20 hours at $175.00/hr
Total hours: 21.40
Ck#35778 7,537.50
Sub -total Payments: 7,537.50
3,535.00
210.00
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
3,745.00
0.00
3,745.00
16,445.00
7,537.50
12,652.50
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Hakeem Oshikoya April 9, 2002
Matter ID: 0022 -027
Finance Director Bruce v. Code Enforcement
City of South Miami
6130 Sunset Drive Statement No. 11085
City of South Miami, FL 33143
Rate Summary
Eve A. Boutsis
Earl G. Gallop
Expenses
1.30 hours at $150.00 /hr
0.30 hours at $175.00/hr
Total hours: 1.60
Parking Charge
Mileage
3/16/2002 Service of Process
195.00
52.50
3.75
3.00
47.50
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
Hours Amount
3/5/2002
EAB Attention to Bruce matter; scheduled hearing on Bruce's objection
0.20 30.00
to subpoena of private trash hauler records for Bruce property.
3/7/2002
EAB Attention to hearings on motion to dismiss and for extension to
0.30 45.00
respond to discovery requests.
3/7/2002
EGG Attention to hearings on motion to dismiss and for extension to
0.30 52.50
respond to discovery requests.
3/12/2002
EAB Analysis of Fla. R.Civ. P. 1.360 and 1.310 regarding objection to
0.50 75.00
subpoena duces tecum; and prepared subpoena for third party
records and deposition of BFI representative.
3/14/2002
EAB Telephone conference with Ms. Lori Swanson of BFI regarding
0.30 45.00
documents requested; and email communication with Mr. Struder
regarding enforcement issues.
Total Professional Services 247.50
Rate Summary
Eve A. Boutsis
Earl G. Gallop
Expenses
1.30 hours at $150.00 /hr
0.30 hours at $175.00/hr
Total hours: 1.60
Parking Charge
Mileage
3/16/2002 Service of Process
195.00
52.50
3.75
3.00
47.50
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
Nagin Gallop Figueredo P.A.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -027 Statement No.: 11085 Page: 2
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Sub -total Expenses: 54.25
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
247.50
54.25
301.75
389.75
0.00
691.50
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
S
s ..
CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 9, 2002
Hakeem Oshikoya Matter ID: 0022 -034
Finance Director CSM v. Third Group Mortage,
City of South Miami
6130 Sunset Drive Statement No. 11086
City of South Miami, FL 33143
Hours Amount
3/8/2002 EAB Meeting with Ms. Jester regarding surplus tax funds; telephone 0.60 90.00
conferences with Ms. Rosa and Mr. Chalvire regarding calculation
of interest; and prepared draft letter to County requesting release of
funds.
Rate Summary
Eve A. Boutsis
Total hours:
Expenses
Parking Charge
Mileage
3/5/2002 Certified Copy
3/5/2002 Outside copy job
Total Professional Services
0.60 hours at $150.00 /hr 90.00
0.60
7.00
3.00.
3.00
7.00
Sub -total Expenses: 20.00
ME
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
Nagin Gallop Figueredo P.A.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -034 Statement No.: 11086 Page: 2
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
01',
110.00
765.12
0.00
Total Due 875.12
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Hakeem Oshikoya April 9, 2002 Matter ID: 0022 -046
Finance Director
City of South Miami Merrick v. City of South Miami
6130 Sunset Drive Statement No. 11087
City of South Miami, FL 33143
Rate Summary
Earl G. Gallop
Expenses
Total Professional Services
2.50 hours at $175.00/hr
Total hours: 2.50
Legal research
5/15/2001 Airborne Package
3/27/2002 Court reporter
Sub -total Expenses:
Payments
3/19/2002 Payment Ck#35778
437.50
2.19
11.96
75.00
89.15
347.50
437.50
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
Hours
Amount
3/8/2002
EGG
Reviewed notice of pre- determination hearing and advised defense
0.20
35.00
counsel of same.
3/14/2002
EGG
Reviewed order setting hearing on city's motion for summary
0.10
17.50
judgment.
3/18/2002
EGG
Attended pre- determination hearing on complaint regarding use of
2.00
350.00
excessive force against female at AMC theater.
3/27/2002
EGG
Reviewed letter by Mr. McDuff to FLC regarding status of case,
0.20
35.00
mediation and settlement possibility.
Rate Summary
Earl G. Gallop
Expenses
Total Professional Services
2.50 hours at $175.00/hr
Total hours: 2.50
Legal research
5/15/2001 Airborne Package
3/27/2002 Court reporter
Sub -total Expenses:
Payments
3/19/2002 Payment Ck#35778
437.50
2.19
11.96
75.00
89.15
347.50
437.50
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Sub -total Payments: 347.50
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
437.50
89.15
526.65
7,952.43
347.50
8,131.58
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephoner (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 9, 2002
Matter ID: 0022 -052
CSM v. Johnny Jackson
Statement No. 11088
Payments
3/19/2002 Payment Ck#35778 189.50
Sub -total Payments: 189.50
For Professional Services 0.00
For Disbursements Incurred 0.00
Current Balance: 0.00
Previous Balance: 342.75
Payments - Thank you 189.50
Total Due 153.25
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOPA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 9, 2002
Hakeem Oshikoya Matter ID: 0022 -061
Finance Director
City of South Miami NRA, et al. vs. City of South
6130 Sunset Drive Statement No. 11089
City of South Miami, FL 33143
Hours Amount
3/20/2002 EGG Attention to decision in NRA case. 0.50 87.50
3/21/2002 EGG Analyzed appellate court order; telephone conferences with Mr. 2.30 402.50
Michael Niemand, asst. Attorney General and reporters; prepared
memorandum and recommendations to city comm'n.
Total Professional Services 490.00
Rate Summary
Earl G. Gallop 2.80 hours at $175.00/hr 490.00
Total hours: 2.80
Expenses
Legal research 30.31
Sub -total Expenses: 30.31
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
490.00
30.31
520.31
2,810.00
0.00
3;330.31
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 9, 2002
Matter ID: 0022 -063
City Hall Project
Statement No. 11090
Hours Amount
3/11/2002 LRF Telephone conference with Mr. Weiss, Mr. Charles Scurr and 0.50 87.50
Mayor Robaina regarding City Hall project.
Rate Summary
Luis R. Figueredo
Total hours:
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Total Professional Services
0.50 hours at $175.00/hr 87.50
0.50
87.50
87.50
0.00
87.50
0.00
0.00
Total Due 87.50
To be properly credited, please indicate Statement Number on your remittance check.
Payment is. due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephoner (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 9, 2002
Matter ID: 0022 -064
Water Main Extension
Statement No. 11091
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
1 11
0.00
262.50
0.00
262.50
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
late of 1.5% per month will be charged if payment is not received within 30 days.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephoner (305) 854 -5353 Facsimile: (305) 854 -5351
April 9, 2002
Hakeem Oshikoya Matter ID: 0022 -083
Finance Director Planning Board
City of South Miami
6130 Sunset Drive Statement No. 11092
City of South Miami, FL 33143
Hours
Amount
3/21/2002 EGG Attention to South Miami RTS station development; reviewed M -D 2.00
350.00
County RTS code with particular attention to power of city to act on
development standards; telephone conference with Mr. Proctor,
counsel for developer regarding same; email to Mr. Figueredo and
city representatives.
3/25/2002 LRF Conference with Mr. Earl Gallop; reviewed Bert Harris Act; reviewed 2.00
350.00
transit statute; telephone conference with Masvidal Partners
regarding impact referendum.
Total Professional Services
700.00
Rate Summary
Luis R. Figueredo 2.00 hours at $175.00/hr 350.00
Earl G. Gallop 2.00 hours at $175.00/hr 350.00
Total hours: 4.00
Payments
3/19/2002 Payment Ck#35778
Sub -total Payments:
700.00
700.00
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
700.00
0.00
700.00
2,362.50
700.00
Total Due 2,362.50
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 9, 2002
Matter ID: 0022 -085
Yvonne Beckman v. The City of
Statement No. 11093
Hours
3/8/2002 EGG Reviewed determination of no probable cause and transmitted 0.30
same to mayor and city comm °n.
Rate Summary
Earl G. Gallop
Total Professional Services
0.30 hours at $175.00/hr
Total hours: 0.30
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Total Due
52.50
To be properly credited, please indicate Statement Number on your remittance check.
Amount
52.50
52.50
52.50
0.00
52.50
0.00
0.00
52.50
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
April 9, 2002
Hakeem Oshikoya Matter ID: 0022 -087
Finance Director Mercedes Asher v. City of South
City of South Miami
6130 Sunset Drive Statement No. 11094
City of South Miami, FL 33143
Hours Amount
3/8/2002 EGG Reviewed case report; transmitted same to witnesses identified by 0.40 70.00
Ms. Asher.
Total Professional Services 70.00
Rate Summary
Earl G. Gallop 0.40 hours at $175.00/hr 70.00
Total hours: 0.40
Expenses
5/15/2001 Airborne Package 11.96
5/15/2001 Airborne Package 11.96
Sub -total Expenses: 23.92
Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a
rate of 1.6% per month will be charged if payment is not received within 30 days.
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
70.00
23.92
93.92
0.00
0.00
93.92
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Hakeem Oshikoya April 9, 2002
Matter ID: 0022 -094
Finance Director Officer Darby Wagner Arbitration
City of South Miami
6130 Sunset Drive Statement No. 11095
City of South Miami, FL 33143
For Professional Services 0.00
For Disbursements Incurred 0.00
Current Balance: 0.00
Previous Balance: 60.00
Payments Thank you 0.00
Total Due 60.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
A
4.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Hakeem Oshikoya April 9, 2002
Matter ID: 0022 -095
Finance Director Lazaro D. Tabares EEOC
City of South Miami
6130 Sunset Drive Statement No. 11096
City of South Miami, FL 33143
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
Hours Amount
3/7/2002
EAB Attention to trial preparation.
0.30 45.00
3/712002
EGG Attention to trial preparation.
0.30 52.50
3/13/2002
EAB Legal research on standard of proof for sustaining claim of
7.00 1,050.00
disability, substantial impairment, began deposition preparation;
email conference with Mr. Orlando Martinez regarding language
proficiency of Mr. Tabares.
3/18/2002
EAB Conducted deposition of Mr. Juan Carlos Garcia and began
6.50 975.00
deposition of Mr. Tabares.
3/19/2002
EAB Attention to Tabares matter; and prepared email communication to
1.00 150.00
Mr. Martinez on certain factual information needed for final hearing;
telephone conferences with Mr. Martinez, Mr. de la Torre and Mr.
Oshikoya regarding Juan Carlos Diaz deposition, statements made
by Mr. Diaz, verification of "facts" made by Mr. Diaz, and
verification of payroll records.
3/21/2002
EAB Received appellate hearing date of 4 -4 -02; prepared letter to
0.40 60.00
MDCEOB requesting extension of procedural deadlines to, produce
position statement, etc; rescheduled continuation of Tabares's
deposition; prepared memorandum to city providing information on
hearing to Mr. Martinez, Mr. de la Torre, Ms. Navarro and Mr.
Scurr; and meeting with Mr. Gallop on this matter.
3/25/2002
EAB Telephone conference with Mr. Regalado regarding vacation of Mr.
2.50 375.00
de la Torre and need to postpone final hearing; prepared position
statement, witness list and exhibit list for City per MDEOB
requirements.
3/26/2002
EAB Received new charge from Mr. Tabares and analyzed document
0.50 75.00
from the MDCEOB regarding allegations and response time;
prepared email memorandum on deadlines to Mr. Scurr, Ms.
Navarro, and Mr. Martinez; telephone conference with Ms. Navarro
on this matter.
3/27/2002
EAB Telephone conference with Ms. Neysa Mazzrese of MDCEOB
0.20 30.00
regarding second Tabares claim.
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
Payments
3/19/2002
Payment
Ck#35778
Sub -total Payments:
879.50
879.50
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
Nagin Gallop Figueredo
P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -095 Statement No.: 11096
Page: 2
3/27/2002
EAB Telephone conference with Ms. Navarro regarding her
0.40
60.00
communications with the Florida League and Mr. Plato of Johnson
Anselmo; and prepared letter to Florida. League and Mr. Plato
regarding workman's compensation litigation and authorization to
retain counsel (Plato).
3/28/2002
EAB Meetings with Mr. Scurr, and Ms. Navarro regarding attendance at
0.40
60.00
mediation in the second Tabares claim; prepared letter to opposing
counsel and re -set continued deposition of Tabares.
Total Professional Services
2,932.50
Rate Summary
Eve A. Boutsis 19.20 hours at $150.00 /hr 2,880.00
Earl G. Gallop 0.30 hours at $175.00/hr
52.50
Total hours: 19.50
Expenses
3/1/2002
Witness Fee
7.50
3/16/2002
Service of Process
25.00
3/19/2002
Ground Transportation
36.00
3/19/2002
Ground Transportation
36.00
3/27/2002
Court reporter
506.30
3/27/2002
Court reporter
175.00
3/27/2002
Interpreter - Deposition
255.00
Sub -total Expenses: 17040.80
Payments
3/19/2002
Payment
Ck#35778
Sub -total Payments:
879.50
879.50
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
For Professional Services
2,932.50
For Disbursements Incurred
1,040.80
Current Balance:
3,973.30
Previous Balance:
5,806.76
Payments - Thank you
879.50
Total Due 8,900.56
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 'Facsimile: (305) 854 -5351
Hakeem Oshikoya April 9, 2002
Matter ID: 0022 -096
Finance Director Darby L. Wagner - EEOC Claim
City of South Miami
6130 Sunset Drive Statement No. 11097
City of South Miami, FL 33143
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments -Thank you
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
e ee
e ee
0.00
175.00
0.00
175.00
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305)854 -5351
April 9, 2002
Matter ID: 0022 -098
Forfeiture of 1997 Ford F -150
Statement No. 11098
For Professional Services 0.00
For Disbursements Incurred 0.00
Current Balance: 0.00
Previous Balance: 22.50
Payments - Thank you 0.00
Total Due 22.56
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 9, 2002
Matter ID: 0022 -099
Forfeiture of Honda Shadow 750
Statement No. 11099
Rate Summary
Eve A. Boutsis
Rose E. Cadenhead
Total hours:
Total Professional Services 70.00
0.60 hours at $100.00 /hr
0.50 hours at $ 20.00 /hr
1.10
60.00
10.00
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
Hours
Amount
3/6/2002 EAB Telephone conference with AFT Officer Devito regarding his
0.20
20.00
observations surrounding forfeiture.
3/26/2002 EAB Telephone conference with AC Feldman regarding dismissal of
0.40
40.00
City's forfeiture action; prepared motion and order for voluntary
dismissal.
3/26/2002 REC Filed CSM's Motion for Voluntary Dismissal.
0.50
10.00
Rate Summary
Eve A. Boutsis
Rose E. Cadenhead
Total hours:
Total Professional Services 70.00
0.60 hours at $100.00 /hr
0.50 hours at $ 20.00 /hr
1.10
60.00
10.00
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
Nagin Gallop Figueredo P.A. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
Matter ID: 0022 -099 Statement No.: 11099 Page: 2
For Professional Services 70.00
For Disbursements Incurred 0.00
Current Balance: 70.00
Previous Balance: 210.00
Payments - Thank you 0.00
Total Due 280.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite, 301
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 9, 2002
Matter ID: 0022 -100
Florida Municipal Loan
Statement No. 11100
Payments
3/19/2002 Payment Ck#35778 787.50
Sub -total Payments: 787.50
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
0.00
0.00
0.00
787.50
787.50
Total Due 0.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys £r Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351
Hakeem Oshikoya April 9, 2002 Matter ID: 0022 -101
Finance Director
City of South Miami Hampton .Pre- Determination
6130 Sunset Drive Statement No. 11101
City of South Miami, FL 33143
Hours Amount
3/11/2002 EAB Telephone conference with Ms. Navarro on predetermination 0.30 45.00
hearing procedures and scheduling of hearing.
3/25/2002 EAB Attended final predetermination hearing. 1.50 225.00
Total Professional Services 270.00
Rate Summary
Eve A. Boutsis 1.80 hours at $150.00 /hr 270.00
Total hours: 1.80
Payments
3/19/2002 Payment Ck#35778 1,170.00
Sub -total Payments: 1,170.00
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
For Professional Services
270.00
For Disbursements Incurred
0.00
Current Balance:
270.00
Previous Balance:
1,200.00
Payments - Thank you
1,170.00
Total Due 300.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify, us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301 Miami, Florida 33133
Telephoner (305) 854 -5353 Facsimile: (305) 854 -5351
Hakeem Oshikoya April 9, 2002
Finance Director Matter ID: 0022 -102
City of South Miami Forfeiture of $1,610.00 US
6130 Sunset Drive Statement No. 11102
City of South Miami, FL-33143
For Professional Services
For Disbursements Incurred
Current Balance:
Previous Balance:
Payments - Thank you
Total Due
To be properly credited, please indicate Statement Number on your remittance check.
0.00
70.00
0.00
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 9, 2002
Matter ID: 0022 -103
Forfeiture of 1991 Nissan Sentra
Statement No. 11103
Hours Amount
3/1/2002 EAB Prepared letter to judge, motion, and order finding final default 0.30 30.00
judgment.
3/4/2002 REC Filed pleading and delivered copy to Judge Gerstein. 0.75
3/6/2002 EAB Telephone conference with counsel for Kaminsky regarding final 0.20
judgment.
3/8/2002 EAB Analysis of final default judgment and provided forwarding 0.10
instructions to staff on obtaining certified copy.
Rate Summary
Eve A. Boutsis
Rose E. Cadenhead
Expenses
Parking Charge
Mileage
Total hours:
Total Professional Services
0.60 hours at $100.00 /hr
0.75 hours at $ 20.00 /hr
1.35
Sub -total Expenses:
60.00
15.00
2.50
6.25
15.00
20.00
10.00
75.00
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
For Professional Services
75.00
For Disbursements Incurred
8.75
Current Balance:
83.75
Previous Balance:
582.50
Payments - Thank you
0.00
Total Due 666.25
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDO PA.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 9, 2002
Matter ID: 0022 -104
Washington Mutual Bank v.
Statement No. 11104
Payments
3/19/2002 Payment Ck#35778 285.00
Sub -total Payments: 285.00
For Professional Services 0.00
For Disbursements Incurred 0.00
Current Balance:
0.00
Previous Balance: 720.00
Payments - Thank you 285.00
Total Due 435.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOPA
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 9, 2002
Matter ID: 0022 -105
National City Mtg. Co. vs.
Statement No. 11105
Hours Amount
3/21/2002 EAB Attended final judgment for foreclosure; obtained order for surplus 1.70 255.00
funds.
Rate Summary
Eve A. Boutsis
Expenses
Parking Charge
—T
Total Professional Services 255.00
1.70 hours at $150.00 /hr 255.00
Total hours: 1.70
10.75
Sub -total Expenses: 10.75
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
For Professional Services
255.00
For Disbursements Incurred
10.75
Current Balance:
265.75
Previous Balance:
543.84
Payments - Thank you
0.00
Total Due 809.59
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED
NAGIN GALLOP FIGUEREDOP.A.
Attorneys & Counselors
3225 Aviation Avenue, Suite 301
Telephone: (305) 854 -5353
Hakeem Oshikoya
Finance Director
City of South Miami
6130 Sunset Drive
City of South Miami, FL 33143
Miami, Florida 33133
Facsimile: (305) 854 -5351
April 9, 2002
Matter ID: 0022 -107
Forfeiture of 1995 Honda Civic
Statement No. 11106
Hours Amount
3/27/2002 EAB Analyzed police report; various telephone conferences with 1.50 150.00
opposing counsel and AC Feldman regarding settlement; and
prepared settlement agreement.
Total Professional Services 150.00
Rate Summary
Eve A. Boutsis 1.50 hours at $100.00 /hr 150.00
Total hours: 1.50
For Professional Services 150.00
For Disbursements Incurred 0.00
Current Balance:
150.00
Previous Balance: 0.00
Payments - Thank you 0.00
Total Due 150.00
To be properly credited, please indicate Statement Number on your remittance check.
Payment is due upon receipt. Please notify us within 10 days of receipt 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.
South Miami
04 r All- AmeflcaCity
F �
INCORPORATED
1927
AZ" O P i0 P_ 2001
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
Tot Honorable Mayor Date: April 12, 2002
and City Commission
From: Charles D. Scuff C Subject: Agenda Item #
City Manager Commission Meeting 4/16/02
Acceptance of a $75,000 DJJ
Grant to run the Civil Citation
program
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A GRANT BY THE FLORIDA
DEPARTMENT OF JUVENILE JUSTICE IN THE AMOUNT OF $75,000 FOR THE PURPOSE
OF FUNDING THE CITY OF SOUTH MIAMI CIVIL CITATION PROGRAM.
BACKGROUND AND ANALYSIS
Recently, the City of South Miami submitted a grant application to the Florida Department of Juvenile
Justice for the purpose of funding its Civil Citation program. This program will be administered by the
Parks and Recreation Department in cooperation with the Police Department for the purpose of providing
first time juvenile offenders an alternative to the traditional judicial system. Our goal is to service up to
seventy participants who will receive an initial assessment by a qualified Social Worker , and will serve
the applicable community service hours.
Funds awarded will cover personnel expenses as well as other miscellaneous program expenses. The
grant requires a 15 % match, which will consist of in -kind services provided by City Staff.
RECOMMENDATION
Your approval is recommended.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A GRANT BY
THE FLORIDA DEPARTMENT OF JUVENILE JUSTICE IN THE AMOUNT OF
$75,000 FOR THE PURPOSE OF FUNDING THE CITY OF SOUTH MIAMI CIVIL
CITATION PROGRAM.
WHEREAS, in cooperation with the Police Department, the Parks and Recreation
Department recently established the City of South Miami Civil Citation Program for the purpose
of offering first time juvenile offenders an alternative to the traditional judicial system; and,
WHEREAS, the City of South Miami recently competed for a grant to fund its Civil
Citation Program; and
WHEREAS, the Department of Juvenile Justice awarded $75,000 to the City to
administer the Civil Citation program; and
WHEREAS, the grant requires a fifteen percent match, which will consist of in -kind
services provided by City Staff.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI:
i
Section 1. The City Manager is authorized to accept the grant by the Florida
Department of Juvenile Justice of $75,000.
Section 2. The City Manager is authorized to execute all documents applicable to
the acceptance of said grant.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK I MAYOR
FAA • t
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
�i
Commission Vote:
Mayor Robaina:
Vice Mayor Russell:
Commissioner Bethel:
Commissioner Feliu:
Commissioner Wiscombe:
January 4, 2002
STATE i• D
DEPARTMENT OF JUVENILE JUSTICE
Mr. Charles D. Scurr
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Dear Mr. Scurr:
On behalf of the Department of Juvenile Justice, I am pleased to announce that your application
for a Department of Juvenile Justice Civil Citation (FY 2001 -02) grant has been approved
funding contingent on the required changes to your grant as requested by the Department of
Juvenile Justice. I would like to extend my sincerest congratulations on your selection to
implement the following program:
Grant Name: City of South Miami Civil Citation Program
Grant Number: CCO09
Amount:. $75,000
Grant Period: January 7, 2002 through June 30, 2002
This Civil Citation grant must abide by Florida Statute 985.301 as well as the federal criteria that
require programs work with juvenile offenders who are referred by law enforcement agencies, or
in cooperation with law enforcement officials, to protect students and school personnel from
drug, gang and youth violence.
It is our intent that your program be regularly monitored. Your regional Delinquency Prevention
Specialist should regularly visit your program to meet with you and the youth being served,
While we encourage visitors to provide notice, not all monitoring visits will be announced in
advance.
I wish you much success with your program. Please call your Delinquency Prevention
Specialist or Saundra Roach, at (850) 488 -3302, for answers to your questions or technical
assistance. Again, thank you for your commitment to helping reduce juvenile crime.
W, G. °Bi Bankhead
Secretary
WGB /RL /sr
PC: Rod Love, Assistant Secretary of Prevention and Victim Services
Delinquency Prevention Specialist, Florida Department of Juvenile Justice
Circuit Manager, Florida Department of Juvenile Justice
Finance Office, Florida Department of Juvenile Justice
File
2737 CENTERVIEW DRIVE ! ..0
JEB BUSH, GOVERNOR W.G. "BILL" BANKHEAD, SECRETARY
Appendix D
Section 1.
4. The grantee shall request payment through submission of a completed invoice to the
grant manager by the 10th of each month following the month in which services are
rendered. Failure to submit the invoice by the 10th may result in reduction of
payment for services and /or termination.
5. Liquidated Damages
If the grantee by fails to submit the required reports to the Department (20) days
after the due date as stated in Section 1 Method of Payment and Section 7 Reports,
the Department will suffer financial damages. The parties cannot predict the precise
amount of these damages in advance. Accordingly, the parties agree that in the
event of late filing of the documents identified, the Department will reduce the
payments to the grantee in the manner described below:
Requirements
Monthly fi
0 per f '
Quarterly Report
$300 per late report filed
6. Reports
The grantee shall prepare Progress Reports and Prevention_ Project Performance
Measure Quarterly Reports. The grantee shall comply with the following time period
for reporting:
Quarter Months in Quarter Report Due Date
Start October December January 10, 2001
1 January - March April 10, 2002
2 April - June July 10, 2002
Failure to comply with reporting requirements will result in non- payment or
termination of the grant.
a) Change in project activities, designs or research plans set forth in the approve-4
Under - s can transfer of r s increase the total approved a
11,ulanting
The grantee shall not use funds provided by the Department to replace funds from
ether funding sources.
19. Property
All property and equipment purchased in excess of $500 requires three written
competitive bids and these documents shall remain in the grant files. All property
and equipment purchased with grant funds shall be vested with the department. All
such property and equipment shall be returned to the department at the termination
of the grant. The department will withhold final payment to the grantee until all
property is returned. The grantee shall comply with Section 273.02, Florida
Statutes. Property purchased with grant funds above $500 shall be listed on Annual
Inventory Form provided by the Department.
22.Training
The grantee shall ensure that each of their project staff has received basic training in
child abuse and neglect t reporting, prevention and counseling),
confidentiality requirements and how to handle emergencies on the job.
In accordance with Section 985.406, Florida Statutes, the grantee's direct-care staff
shall be required to participate in and successfully complete the necessary and
appropriate department-approved training projects. Additionally the grantee will
send appropriate representation to any training deemed mandatory by the
Department • Juvenile Justice.
The grantee shall maintain a record of all training, conference, staff meeting or
24. Indemnification
Pursuant to Section 768.28, Florida Statutes, the grantee shall indemnify and h * old
harmless the Department of Juvenile Justice, upon notice, for any liabilities caused
by the grantee or its employees' or agents' negligent or tortious acts or omissions
within the scope of this grant to the limits of sovereign immunity.
All termination notices shall be sent by certified mail, or other delivery service with
proof of delivery.
29. Circulars and Common Rules
The grantee be in accordance with the following
a) Administrative Requirements: OMB Circular A-102 "Grants and Cooperative
Agreements - and Local Governments," OMB Circular • 10 "Uniform
Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals and Other Non-Profit Organizations."
b) Allowable Cost: OMB Circular No.
Governments," OMB Circular No
Institutions, OMB Circular No.
Organizations."
87, "Cost Principles for State and Local
A -21, "Cost Principles for Educational
A -122 "Cost Principles for Nonprofit
CA. Disputes Appeals
The department shall inform the grantee in writing when responding to any disputes,
disagreements or questions of fact arising under this grant and shall distribute its
response to all concern parties. The grantee shall proceed with the performance of
this grant according to the department's decision.
Commencement of Project
If a project is not operational within 60 days of the original starting date of the grant
period, the grantee shall report by letter to the grant manager the steps taken to
N
initiate the grant, the reasons for delay, and the _expected starting date. Failure to
submit notification within 60 days may result in grant termination. The grant
manager may extend the implementation date of the grant past the 60 -day period.
When this occurs, the grant files and records must so.note the extension.
If a project is not operational within 90 days of the original starting date of the grant
period, the grantee must submit a second statement to the grant manager explaining
the implementation delay. Upon receipt of the 90- day letter, the grant manager may
cancel the grant and request grantor agency approval to redistribute the funds to the
grant areas.
38. Publication or Printing of Reports
Responsibility for the direction of the grant activity will not be ascribed to the grantor
agency or the department. Any publication produced under this grant shall contain
the following wording: This publication is fundedlpartially funded by Florida
Department of Juvenile Justice. Any publication shall include the following
statement: "The opinions, findings, and conclusions or recommendations expressed
in this publication are those of the author(s) and do not necessarily reflect the views
of the Department of Juvenile Justice_" The receipt of the grantor agency funding
does not constitute official recognition or endorsement of any work performed under
the grant.
Appendix D
Terms and Conditions
Signature Page
I have read and agree to follow all terms, conditions, and applicable federal and state
statutes as presented in this Appendix D.
.- Cis b M ,.
Type Authorized OfficiaCs ame Authorized Official's Title
� ....rig" S..a"+T ✓. _.% ..'u� am.' "� i. ���'�i�
Authorized Official's Signature Date
t
-a
South Miami
_ roo U kyland
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
All- America City
e
2001
To: Honorable Mayor Date: April 12, 2002
and City Commission
From: Charles D. Scurr Subject: Agenda Item # 4
City Manager Commission Meeting 4/16/02
Adopting the Brewer Park Project
into the Capital Improvement Plan
(as required by the LWCF)
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, ADOPTING THE BREWER PARK PROJECT INTO THE CAPITAL
IMPROVEMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The Parks and Recreation Department of the City of South Miami is undergoing a renaissance of its parks
and recreation facilities. To build upon this effort, the City recently competed for grant funds to provide
additional amenities at Brewer Park. The City may receive $100,000 from the Land and Water
Conservation Fund, for Brewer Park improvements., The award will be matched by $20,000 donated by
the Kiwanis Club of Miami, and $80,000 provided in in -kind services (i.e. on -site labor).
As a requirement of the grant program, the City Commission must approve a resolution adopting the
project in the Capital Improvement Plan. A copy of the plan excerpt pertaining to the proposed Brewer
Park project has been included as Exhibit A to the resolution.
RECOMMENDATION
Your approval is recommended.
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, ADOPTING THE BREWER PARK PROJECT INTO THE
5 CAPITAL IMPROVEMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE.
6
7
8 WHEREAS, the City of South. Miami has applied for a grant in the sum of $100,000 from
9 the Land and Water Conservation Fund, and;
10
11 WHEREAS, said grant would allow the renovation of Brewer Park; and
12
13 WHEREAS, the Land and Water Conservation Funds requires the project to be adopted
14 into the City's Capital Improvement Plan:
15
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
18 COMMISSION OF THE CITY OF SOUTH MIAMI:
19
20 Section 1. The Mayor and City Commission hereby adopt the Brewer Park Project
21 as indicated in the accompanying document, attached hereto as Exhibit "A ", into the Capital
22 Improvement Plan.
23
24
25 PASSED AND ADOPTED this day of , 2002.
26
27
28
29 ATTEST: APPROVED:
30
31
32
33
34 CITY CLERK MAYOR
35
36 Commission Vote:
37 READ AND APPROVED AS TO FORM: Mayor Robaina:
38 Vice Mayor Russell:
39 Commissioner Bethel:
40 Commissioner Feliu:
41 Commissioner Wiscombe:
42 CITY ATTORNEY
_City of South Miami
2001 -2006 CAPITAL IMPROVEMENT PROGRAM
CAPITAL IMPROVEMENT PROJECT REQUEST FORM
Name of Project: Park Land Development
Brewer Park
Project No.: PR04
Category: Unfunded
Project Location: 6300 SW 56 St Requesting Dept.: P &R
DESCRIPTION
To redevelop and renovate Brewer Park; the project will
include additional benches, new ADA- accessible playground
equipment, renovations to the tennis and handball courts, new
trash receptacles, a new water fountain, a new bbq grill, a
gazebo or pavilion, additional landscaping, paving the parking
lot, adding an ADA trail from the parking lot to different spots
within the park, possibly lighting, a park sign, and other
amenities.
JUSTIFICATION
Brewer Park is the City's' northernmost park and can be
enjoyed by large number of people, but the park is long
overdue for renovations.
OPERATING IMPACT:
This park will continue to be maintained by the Public
Works and Parks & Recreation Departments.
CONCURRENCY
The project is consistent with the City's Comprehensive
Master Plan.
PRIOR YRS.
FY01 -02
FY02 -03
FY03 -04
FY04 -05
FY05 -06
ACTIVITY
EXPENDITURE SCHEDULE
Total Budget:
$200,000
$200,000
LWCF /FRDAP
$100,000
General Fund
$100,000
$200,000
Total Funding:
INTER - OFFICE MEMORANDUM
To: Honorable Mayor Date: April 12, 2002
and City Commission
From: Charles D. Scurr Subject: Agenda Item 4
City Manager Commission Meeting 4/16/02
Funding Request
Cultural and Community Grants
REQUEST
A RESOLUTION OF, THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, APPROVING THE GRANT OF FUNDS UP TO $49,800 TO
THE HISPANIC HERITAGE COUNCIL, INC., THE SOUTH MIAMI ART FESTIVAL,
ART EXPO, THE MARTIN LUTHER KING JR. PARADE, SANTA'S PARADE OF THE
ELVES, CITY HOLIDAY EVENTS, COMMUNITY RELATIONS BOARD,
COMMISSION FOR WOMEN AND JUNIOR COMMISSION FOR WOMEN, THE
HISTORIC PRESERVATION BOARD, AND THE RED SUNSET MERCHANTS
ASSOCIATION.
BACKGROUND AND ANALYSIS
The City of South Miami is committed to enhancing the quality of life of its residents by promoting local
activities and special events that enrich our communities.
This year, various organizations and local boards were approved for funding assistance to implement
activities and special events, which serve to promote the goals of the City of South Miami for its
citizenry. The organizations and activities recommended for funding include:
• Hispanic Heritage Council, Inc., $6,500
• South Miami Art Festival $6,400
• Art Expo $7,600
• Martin Luther King, Jr. Parade $6,400
• Santa's Parade of Elves $8,000
• City Holiday Events $6,000
• Community Relations Board $2,000
• Commission for Women and the Junior Commission for Women $3,000
• Historic Preservation Board $1,500
• Red Sunset Merchants Association $2,400
Total $49,800
The funding of the in -kind services will be charged to Account #001 - 2100 -519 -9910, "Special Events ".
RECOMMENDATION
Your approval is recommended.
Page 2 of 2
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, APPROVING THE GRANT OF FUNDS UP TO $49,800 TO THE
HISPANIC HERITAGE COUNCIL, INC., THE SOUTH MIAMI ART FESTIVAL, ART
EXPO, THE MARTIN LUTHER KING JR. PARADE, SANTA'S PARADE OF THE ELVES,
CITY HOLIDAY EVENTS, COMMUNITY RELATIONS BOARD, COMMISSION FOR
WOMEN AND JUNIOR COMMISSION FOR WOMEN, THE HISTORIC PRESERVATION
BOARD, AND THE RED SUNSET MERCHANTS ASSOCIATION.
WHEREAS, the Mayor and City Commission of the City of South Miami support community events and
local activities, which positively impact the quality of life enjoyed by the City's citizens.
WHEREAS,' local community groups and organizations have expressed an interest in organizing and
implementing special events and local activities that further promote the goals of the City of South Miami for quality
living.
WHEREAS, the Mayor and City Commission of the City of South Miami acknowledge the positive
contribution of these activities and special events by approving funding assistance for their implementation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI:
Section 1. The City Manager is authorized to disburse up to $49,800 from account #01- 2100 -519 -99.10
"Special Events", and distribute up to $6,500 to the Hispanic Heritage Council, Inc., up to $6,400 to the South Miami
Art Festival, up to $7,600 to Art Expo, and up to $6,400 to the Martin Luther King, Jr. Parade, up to $8,000 to
Santa's Parade of the Elves, up to $6,000 for City Holiday Events, up to $2,000 to the Community Relations Board,
up to $3,000 to the Commission for Women and Junior Commission for Women, up to $1,500 to the Historic
Preservation Board, and $2,400 to the Red Sunset Merchants Association for the purpose of organizing and
implementing their respective activities and annual special events.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
2002.
APPROVED:
YOR
Commission Vote:
Mayor Robaina:
Vice Mayor Russell:
Commissioner Bethel:
Commissioner Feliu:
Commissioner Wiscombe:
To: Honorable Mayor Date: April 3, 2002
and City Commission
From: Charles D. Scurr Subject: Agenda Item #
City Manager Commission Mee mg 4/16/02
Acceptance of FY 2002
Affordable Housing Contract
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF AN FY
2002 AFFORDABLE HOUSING CONTRACT FOR $1009000 IN SHIP FUNDS
AWARDED BY THE MIAMI -DADE HOUSING AGENCY; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE GRANT CONTRACT AND APLICABLE
DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The City of South Miami recently submitted its grant application to the Miami -Dade Housing
Agency_ for $100,000 in SHIP funds to implement the South Miami Homeowner Assistance
Program.
The South Miami Homeowner Assistance Program will provide mortgage and down payment
assistance to low to moderate income residents towards the purchase of a home. Up to $10,000
in subsidies will be awarded to at least ten qualifying families.
The attached resolution would allow the City Manager to execute the contract and pertinent
documents necessary to receive the money and move forward with this important endeavor. The
contract has been reviewed by the City Attorney.
The CRA and its Staff will administer and implement the program.
RECOMMENDATION
Your approval is recommended.
1
RESOLUTION NO.
2
3
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
4
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE
5
ACCEPTANCE OF AN FY 2002 AFFORDABLE HOUSING
6
CONTRACT FOR $1009000 IN SHIP FUNDS AWARDED BY THE
7
MIAMI -DADE HOUSING AGENCY; AUTHORIZING THE CITY
8
MANAGER TO EXECUTE THE GRANT CONTRACT AND
9
APLICABLE DOCUMENTS; AND PROVIDING FOR AN
to
EFFECTIVE DATE.
I1
12
WHEREAS, the Miami -Dade Housing Agency administers the SHIP program to create
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affordable housing for low and moderate income residents; and
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WHEREAS, the City of South Miami submitted an application for funding under the
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SHIP program to implement the South Miami Homeowner Assistance Program which provides
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down payment and mortgage assistance to qualifying low income residents; and
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WHEREAS, the Miami -Dade Housing Agency awarded the sum of $100,000 to the City
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of South pursuant to the grant application submitted.
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NOW, THEREFORE, BE IT RESOLVED BY THE ` MAYOR AND CITY
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COMMISSION OF THE CITY OF SOUTH MIAMI:
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Section 1. The City Manager is authorized to accept the FY 2002 Affordable
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Housing Contract in the amount of $100,000.
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Section 2. The City Manager is authorized to execute said contract and any other
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applicable documents.
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Section 3. This resolution shall take effect immediately upon arrival
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PASSED AND ADOPTED this day of ` , 2002.
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ATTEST: APPROVED:
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CITY CLERK MAYOR
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Commission Vote:
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READ AND APPROVED AS TO FORM: Mayor Robama:
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Vice Mayor Russell:
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Commissioner Bethel:
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Commissioner Feliu:
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Commissioner Wiscombe:
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CITY ATTORNEY
Project Name: South Miami Homeowner Assistance Program
Project Type: Homeownership Downpayment and Closing costs Assistance
FY 2002 AFFORDABLE HOUSING CONTRACT
BETWEEN
MIAMI -DADE COUNTY
and
The City of South Miami
100%
This Agreement, by and between Miami -Dade County, a political subdivision of the State of
Florida, hereinafter referred to as "County" and The City of South Miami, hereinafter referred to as
"Developer" and having offices at 6130 Sunset Drive, South Miami, Florida 33143, states conditions and
covenants for the rendering of housing activities hereinafter referred to as "Activities" for the County
through its Miami -Dade Housing Agency (MDHA) hereinafter referred to as the "Department ", and having
its principal offices at 2103 Coral Way, 7th floor, Miami, Florida 33145.
WHEREAS, the Home Rule Charter apthorizes Miami -Dade County to provide for the uniform
.health and welfare of the residents throughout the County and further provides that all functions not
otherwise specifically assigned to others under the Charter shall be performed under the supervision of
the County Manager; and
WHEREAS, the State of Florida has created the SHIP and Surtax Programs in an effort to create
affordable housing for low and moderate income residents depending on funding source; and
WHEREAS, the Developer provides or will develop activities of value to the County, and has
demonstrated an ability to provide these activities; and
WHEREAS, the County is desirous of obtaining such activities of the . Developer and the
Developer is desirous of providing such activities; and
WHEREAS, the County has appropriated $100,000.00 of SHIP 2002 funds to the South Miami
Homeowner Assistance Program located at South Miami Target Area.
NOW, Therefore, in consideration of the mutual covenants recorded herein, the parties hereto
agree as follows:
ARTICLE
Indemnification
The Developer shall indemnify and hold harmless the County and its officers, employees, agents and
instrumentalities from, any and all liability, losses or damages, including attorneys' fees and costs of
defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of this Agreement by the Developer or its employees, agents, servants,
- partners principals or subcontractors. The Developer shall pay all claims and losses in connection
therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of
the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and
attorney's fees which may issue thereon. The Developer expressly understands and agrees that any
insurance protection required by this Agreement or otherwise provided by the Developer shall in no way
limit the responsibility to indemnify, keep and save harmless and defend the County or its officers,
employees, agents and instrumentalities as herein provided.
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ARTICLE
Insurance
The Developer shall furnish to Miami -Dade Housing Agency (MDHA) Development and Loan
Administration, 2103 Coral Way, 7th floor, Miami, Florida 33145, Certificate(s) of Insurance evidencing
insurance coverage that meets the requirements as outlined below:
1. Worker's Compensation as required by Chapter 440, Florida Statutes.
2. Public Liability Insurance on a comprehensive basis in an amount not less than
$1,000,000 per occurrence for Bodily Injury and Property Damage combined.
Miami -Dade County must be shown as an additional insured with respect to this
coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less than $500,000 per occurrence for
Bodily Injury and Property Damage combined.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in (1) - (3) above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the Developer of the licensed design
professional employed by the Developer in an amount not less than $500,000 per
occurrence providing for all sums which the Developer and /or the design professional
shall become legally obligated to pay as damages for claims arising out of the services
performed by the Developer or any person employed by the Developer in connection with
this contract. This insurance shall be maintained for a period of two (2) years after the
Certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in (1) - (4) above, the Developer shall provide or cause its
Subcontractors to provide original policies indicating the following types of insurance coverage prior to any
construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100 %) percent of the insurable value of the building(s) or structure(s).
The policy shall be in the name of Miami -Dade County and the Developer.
6. Flood Insurance shall be provided for those properties found to be within a flood hazard
zone, in an amount not less than the full replacement values of the completed structure(s)
or the maximum amount of coverage available through the National Flood Insurance
Program (NFIP), whichever is greater. The policy will show Miami -Dade County as a
Loss Payee A.T.I.M.A. This policy will be provided at such time that the buildings' walls
and roofs exist.
OPERATION /MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept in
force throughout the duration of the Loan and /or Contract:
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7. Public Liability in an amount not less than $1,000,000 per occurrence for Bodily Injury and
Property Damage combined. Miami -Dade County must be "shown as an additional
insured with respect to this coverage.
8. Property Insurance Coverage on an "All Risk" basis in an amount not less than one
hundred (100 %) percent of the replacement cost of the property. Miam -Dade County
must be shown as a Loss Payee with respect to this coverage A.T.I.M.A.
9. Flood Insurance coverage for those properties found to be within a flood hazard zone for
the full replacement values of the structure(s) or the maximum amount of coverage'
available through the National Flood Insurance Program (NFIP). The policy will show
Miami -Dade County as a Loss Payee A.T.I.M.A.
DEVELOPER LIABILITY OBLIGATION
Compliance with the foregoing requirements shall not relieve the Developer of his /her liability and
obligation under this subsection or under any subsection of this contract. The contract is contingent upon
receipt of the insurance documents at the time of contract execution after the Board of County
Commissioners' approval. If the Insurance Certificate is received within the specified period, but not in the
manner ,prescribed in these requirements, the Developer shall be verbally notified of the deficiency and
shall have an additional five (5) calendar days to'submit a corrected certificate to the County.
Failure to Provide Certificates of Insurance. If the Developer fails to furnish the County with
the Certificate of Insurance or written verification required under this section or as determined by
the County's Risk Management Division after review of the Scope of Services (Attachment A), the
County shall not disburse any funds until it is provided with the necessary Certificates of Insurance
or written verification. Failure to provide the Certificates of Insurance or written verification within
ten (10) calendar days after contract execution may result in termination of this Agreement.
CERTIFICATE CONTINUITY
The Developer shall be responsible for assuring that the insurance certificates required in conjunction with
this subsection remain in force for the duration of the contract period, including any and all option years, if
applicable. If the insurance certificates are scheduled to expire during the contract period, the Developer
shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of
thirty (30) calendar days before such expiration.
In the event that expiration certificates are not replaced with new or renewed certificates that cover the
contract period, the County shall suspend the contract until the new or renewed certificates, are received
by the County in the manner prescribed in the requirements; provided, however, that this suspended
period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendar days,
the County may, at its sole discretion, terminate the contract for cause.
Prior to execution of the contract by the County and commencement of the contracted services, the
Developer shall obtain all insurance required under this Section and submit same to the County for
approval. All insurance shall be maintained throughout the term of the contract.
The Public Liability Insurance coverage as required in aforementioned paragraph above shall include
those classification, as listed in Standard Liability Insurance Manuals, which are applicable to the
operations of the Developer ,in the performance of this Contract. All insurance policies required above
shall be issued by companies authorized to do business under the laws of the State of Florida, with the
following qualifications:
Insurance Rating. The Insurance Company must be rated no less than "B" as to management, and no
less than "Class V" as to financial strength, according to the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the
County Risk Management Division.
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Certificates will show that no modification or change in insurance shall be made without thirty (30) days
written advance notice to the certificate holder.
Modification and Changes. The Developer shall notify the County of any intended changes in
insurance coverage, including but not limited to any renewals of existing insurance policies. Upon review
of the Contractor's Scope of Services (Attachment A) by the County's Risk Management Division, the
County, may increase, decrease, waive or modify any of the following insurance requirements. Any
request by a Developer to decrease, waive or modify any of the following insurance requirements must be
approved in writing by the County's Risk Management Division.
ARTICLE III
Conflict of Interest
The Developer agrees to abide and be governed by Miami -Dade County Ordinance No. 72 -82 (Conflict of
Interest Ordinance), as amended, which is incorporated herein by reference as if fully set forth herein, in
connection with its contract obligations hereunder.
ARTICLE IV
Civil Rights
The Developer agrees to abide by Chapter II -A, of the Code of Miami -Dade County ( "County Code "), as
amended, applicable to non - discrimination in employment, housing and public accommodation.
The Developer agrees that it is in compliance with the Domestic Violence Leave, codified as 11A -60 et.
seq. of the Miami -.Dade County Code, which requires an employer, who in the regular course of business
has fifty (50) or more employees working in Miami -Dade County for each working day during each of
twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to
comply with this local law may be grounds for voiding or terminating this Agreement or for commencement
of debarment proceedings against Provider.
Where applicable, the Developer agrees to abide and be governed by Titles VI and VII, Civil Rights Act of
1964 (42 USC 2000 D and E) and Title VIII of the Civil Rights Act of 1968, as amended, which provides in
part that there will not be discrimination of race, color, sex, religious background, ancestry or national
origin in performance of this Agreement, in regard to persons served, or in regard to employees or
applicants for employment. It is expressly understood that upon receipt of evidence of such
discrimination, the County shall have the right to terminate said Agreement.
The Developer also agrees to abide and be governed by the Age Discrimination Act of 1975, 42 USC, as
amended, which provides in part that there shall be no discrimination against persons in any area of
employment because of age,
The Developer agrees to abide and be governed by Section 504, of the Rehabilitation Act of 1973, as
amended, 29 USC 794, which prohibits discrimination on the basis of handicap.
The Developer agrees to abide and be governed by the requirements of the Americans with Disabilities
Act (ADA).
Americans with Disabilities Act (ADA) of 1990 - The Developer shall attest to and submit the required
Disability Non- discrimination Affidavit assuring compliance with all applicable requirements of the laws
listed below, including but not limited to, those provisions pertaining to employment, provision and
program services, transportation, communications, access to facilities, renovations, and new construction.
If any attesting firm, or any owner, subsidiary, or other firm affiliated with or related to the attesting firm, is
found by the responsible enforcement agency, the Courts or the County to be in violation of the Acts, the
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County will conduct no further business with such attesting firm. Any contract entered into based upon a
false affidavit, as listed below; and submitted pursuant to this resolution shall be voidable by the County:
1. Miami -Dade County Ownership Disclosure Affidavit
2. Miami -Dade County Employment Disclosure Affidavit
3. Affirmative Action /Non Discrimination of Employment, Promotion and Procurement
Practices Affidavit
4. Miami -Dade County Criminal Record Affidavit
5. Miami -Dade County Cuba Affidavit
6. Miami -Dade Employment Drug -Free Workplace Affidavit
7. Miami -Dade Employment Family Leave Affidavit
8. Disability Non- Discrimination Affidavit
9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or
Taxes
10. Current on all County Contracts, Loans and other Obligations
11. Project Fresh Start
12. Domestic Violence Leave
13. Public Entity Crimes Affidavit
14. Affirmative Action Plan Exemption Affidavit
If any attesting firm violates any of the Acts below during the term of any contract such firm has with the
County, such contract shall be voidable by the County, even if the attesting firm was not in violation at the
time it,submitted its affidavit:
The applicable Acts are as follows:
1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42
U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment;
Title ll, Public Services; Title III, Public Accommodations and Services Operated by
Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions.
2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794;
3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;
4. The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631.
ARTICLE V
Notices
County and Developer mutually agree:
1. It is understood and agreed between the parties hereto that written notice addressed to
the Department and mailed or delivered to the address appearing on page 1 of this
Agreement and written notice addressed to the Developer and mailed or delivered to the
address appearing on page 1 of this Agreement shall constitute sufficient notice to either
party to comply with the terms of this Agreement.
2. Any alterations, variations, modifications or waivers of provisions of this Agreement shall
only be valid when they have been reduced to writing, duly approved and signed by both
parties and attached to the original of this Agreement.
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This Agreement contains all the terms and conditions agreed upon by the parties. No other agreement,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of
the parties hereto.
ARTICLE VI
Autonomy
Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation
between the contracting parties. It is expressly understood and intended that the Developer is only a
recipient of funding support and is not an agent or instrumentality of the County. Furthermore, the
Developer's agents and employees are not agents or employees of the County.
ARTICLE VII
Effective Term
Both parties agree that the effective term of this Agreement shall be from January 1, 2002 to December
31, 2003.
ARTICLE VIII
Breach of Agreement: County Remedies
A. Breach. A breach by the Developer shall have occurred under this Agreement if: (1) the
Developer fails to provide the services outlined in the Scope of Services (Attachment A) within the
effective term of this Agreement; (2) the Developer ineffectively or improperly uses the County
funds allocated under this Agreement; (3) the Developer does not furnish the Certificates of
Insurance required by this Agreement or as determined by the County's Risk Management
`Division; (4) the Developer does not furnish proof of licensure and certification required by this
Agreement; (5) the Developer fails to submit, or submits incorrect or incomplete, proof of
expenditures to support disbursement requests or fails to submit or submits incomplete or
incorrect, detailed reports of expenditures or final expenditure reports; (6) the Developer does not
submit or submits incomplete or incorrect required reports; (7) the Developer refuses to allow the
County access to records or refuses to allow the County to monitor, evaluate and review the
Contractor's program; (8) the Developer discriminates under any of the laws outlined in Section IV
of this Agreement; (9) the Developer falsifies or violates the provisions of the Drug Free
Workplace Affidavit (Exhibit D); (10) the Developer, attempts to meet its obligations under this
Agreement through fraud, misrepresentation or material misstatement; (11) the Developer fails to
correct deficiencies found during a monitoring, evaluation or review within the specified time;
(12) the Developer fails or refuses to return all items of capital improvement in the same condition
as received at the beginning of the Agreement except ordinary wear and tear; or (13) the
Developer fails to fulfill in a timely and proper manner any and all of its obligations, covenants,
agreements and stipulations in this Agreement. Waiver of breach of any provisions of this
contract shall not be deemed to be a waiver of any other breach and shall not be construed to be
a modification of the terms of this Agreement.
B. County Remedies. If the Developer breaches this Agreement, the County may pursue any or all
of the following remedies:
1. The County may terminate this Agreement by giving written notice to the Developer of
such termination and specifying the effective date thereof at least ten (10) days before
the effective date of termination. In the event of termination, the County may: (a)
request the return of all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, reports prepared, and capital equipment secured
by the Developer with County funds under this Agreement; (b) seek reimbursement of
County funds allocated to the Developer under this Agreement; and /or (c) terminate or
cancel any other contracts entered into between the County and the Developer. The
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Developer shall be responsible for all direct and indirect costs associated with such
termination, including attorney's fees;
2. The County may suspend payment in whole or in part under this Agreement by providing
written notice to the Developer of such suspension and specifying the effective date
thereof, at least ten (10) days before the effective date of suspension. If payments are
suspended, the County shall specify in writing the actions that must be taken by the
Developer as condition precedent to resumption of payments and shall specify a
reasonable date for compliance. The County may also suspend any payments in whole
or in part under any other contracts entered into between the County and the Developer.
The Developer shall be responsible for all direct and indirect costs associated with such
suspension, including attorney's fees;
3. The County may seek enforcement of this Agreement including but not Limited to filing an
action with a court of appropriate jurisdiction. The Developer shall be responsible for all
direct and indirect costs associated with such enforcement, including attorney's fees;
4. The County may debar the Developer from future County contracting;
5. If, for any reason, the Developer should attempt to meet its obligations under this
Agreement through fraud, misrepresentation or material misstatement, the County shall,
whenever practicable terminate this Agreement by giving written notice to the developer of
such termination and specifying the effective date thereof at least ten (10) days before the
effective date of such termination. The County may terminate or cancel any other
contracts which such individual or entity has with the County. Such individual or entity
shall be responsible for all direct and indirect costs associated with such termination or
cancellation, including attorney's fees. Any individual or entity who attempts to meet its
contractual obligations with the County through fraud, misrepresentation or material
misstatement may be debarred from County contracting for up to five (5) years;
6. Any other remedy available at law or equity.
The County Manager is authorized to terminate this Agreement on behalf of the County.
C. Damages Sustained. Notwithstanding the above, the Developer shall not be relieved of liability to
the County for damages sustained by the County by virtue of any breach of the Agreement, and
the County may withhold any payments to the Developer until such time as the exact amount of
damages due the County is determined. The County may also pursue any remedies available at
law or equity to compensate for any damages sustained by the breach. The Developer shall be
responsible for all direct and indirect costs associated with such action, including attorney's fees.
ARTICLE IX
Termination
A. Termination at Will
This contract, in whole or in part, may be terminated by the County upon no less than ten
(10) working days notice when the County determines that it would be in the best interest
of the County. Said notice shall be delivered by certified mail, return receipt requested, or
in person with proof of delivery.
B. Termination for Convenience
The County may terminate this contract, in whole or in part, when both parties agree that
the continuation of the activities would not produce beneficial results commensurate with
the further expenditure of funds. Both parties shall agree upon the termination conditions.
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C. Termination Because of Lack of Funds
In the event of a funding short -fall, or a reduction in federal appropriations, or should
funds to finance this contract become unavailable, the County may terminate this contract
upon no less than twenty -four (24) hours written notification to the Developer. Said notice
shall be delivered by certified mail, return receipt requested, or in person with proof of
delivery. The County shall be the final authority to determine whether or not funds are
available. The County may at its discretion terminate, renegotiate and /or adjust the
contract award, whichever is in the best interest of the County.
D. Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Developer through
Board of County Commissioners' Action, the Developer may, at its discretion, request in
writing from the Director of MDHA a release from its contractual obligations to the
County. The Director of MDHA will review the effect of the request on the community
and the County prior to making a final determination.
E. Termination for Breach
The County may terminate this contract, in whole or in part, when the County determines
in its sole and absolute discretion, that the Developer is not making sufficient progress
thereby endangering the ultimate contract performance or is not materially complying with
any term or provision of this - contract.
Unless the Contractor's breach is waived by the County in writing, the County may, by
written notice to the Developer, terminate this contract upon no less than twenty -four (24)
hours notice. Said notice shall be delivered by certified mail, return receipt requested, or
in person with proof of delivery. Waiver of breach of any provision of this contract shall not
be deemed to be a waiver of any other breach and shall not be construed to be a -
modification of the terms of this contract. The provisions herein do not limit County's right
to legal or equitable remedies.
F. Penalties for Fraud Misrepresentation or Material Misstatement
In accordance with the Code of Miami -Dade County,, Section 2- 8.4.1, any individual or
corporation or other entity that attempts to meet its contractual obligations with the County
through fraud, misrepresentation or material misstatement, shall have its contract with the
County terminated, whenever practicable, as determined by the County. The County may
terminate or cancel any other contracts which such individual or other subcontracted
entity has with the County. Such individual or entity shall be responsible for all direct and
indirect costs associated with such termination or cancellation, including attorney's fees.
The foregoing notwithstanding, any individual or entity who attempts to meet it contractual
obligations with the County through fraud, misrepresentation or material misstatement
may be disbarred from County contracting for up to five (5) years.
G. Payment Settlement
If termination occurs, the Developer will be paid for allowable costs incurred in carrying
out activities required by this contract up to the date and time of termination.
H. No Payment of Subcontractors. In no event shall County funds be advanced directly to
any subcontractor hereunder.
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ARTICLE X
Amount Payable
Subject to available funds, the maximum amount payable under this Agreement shall not exceed
$100,000.00 of SHIP 2002funds. The parties agree that should funding to the County be reduced, the
amount payable under this Agreement may be proportionately reduced at the option of the County.
ARTICLE XI
Program
The Developer agrees to render services in accordance with the Scope of Service which is incorporated
herein and attached hereto as Attachment A.
ARTICLE XII
Payment
The County agrees to pay the Developer for services rendered under this Agreement based on the
payment schedule, the line item budget, or both, incorporated herein as Attachment B. The Developer
agrees to submit payment requests , to the Department accompanied by such documentation as
requested by the Department.
Payment shall be made in accordance with the procedures as outlined below:
Method of Payment:
The Developer shall be paid as described below:
1. The Developer shall be paid for those expenses allowed pursuant to the provisions
provided below only when the Developer submits to the County adequate proof, as
determined by the County in its sole discretion, that the Developer has incurred the
expenditures. It shall be presumed that the Developer has provided adequate proof of
having incurred expenses if the Developer submits to the County canceled checks or
original invoices approved by the Contractor's authorized representative. When original
documents cannot be presented, the Developer must adequately justify their absence in
writing and furnish copies of those documents to the County. The Developer shall be paid
only for those expenditures contained within Attachment B, "Budget," to this contract as it
may be revised with the prior written approval by the County.
2. Requests for payment (reimbursement) shall be assembled by calendar month and
submitted to the County no less frequently than monthly. Failure to comply may result in
rejection of invoices.
3. In no event shall the County provide advance Surtax funding to the Developer or to any
subcontractor hereunder, nor shall the Developer advance Surtax funds to any party.
4. Any payment due under the terms of this contract may be withheld pending the receipt
and approval by the County of all reports and documents which the Developer is required
to submit to the County pursuant to the terms of this contract or any amendments thereto.
5. No payments will be made without evidence of appropriate insurance required by this
contract. Such evidence must be on file with the County and the County's Risk
Management Division. The County must receive the final request for payment from the
Developer no more than sixty (60) calendar days after the expiration or termination of this
contract. If the Developer fails to comply with this requirement, the Developer will forfeit all
rights to payments if the County, in its sole discretion, so chooses.
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6. All monies paid to the Developer which have not been used to retire outstanding
obligations of this contract must be refunded to the County.
7. Any unexpended funds remaining after the completion of the services under this contract,
or after the termination of this agreement shall be recaptured in full by the County.
8. Developer agrees to assign any proceeds to the County from any contract between the
County, its agencies or instrumentalities and the Developer or any firm, corporation,
partnership or joint venture in which the Developer has a controlling financial interest in
order to secure repayment of the loan. "Controlling financial interest shall mean
ownership, directly or indirectly to ten percent or more of the outstanding capital stock in
any corporation or direct or indirect interest of ten percent or more in a firm, partnership or
other business entity.
ARTICLE XIII
Loan Terms
FINANCING TERMS FOR RENTAL AND HOMEOWNERSHIP PROJECTS, SHIP, SURTAX and HOME
Construction and rehabilitation loans for rental projects
Rates
Tax credit projects will pay 0% interest for the period of compliance. After the compliance period ends,
principal and interest payments will begin at 3% interest rate for the remainder of the term. Non -tax credit
projects will be charged principal and interest from 0 % -6 %.
Final determination of rate and term will be made by the MDHA staff. During the period of construction,
payments of interest only will be made. All permanent loans are for a period of 30 years.
Construction and Rehabilitation Loans for Homeownership
The rates charged and terms of the loans will be 0 % -6 %. Final determination of rate and term will be
made by the MDHA staff. Loans made to non- profit developers will be for a period of 24 months. Loans
made to for - profit developers will be for a period of 18 months. During the period of construction, all
developers will pay interest only.
The construction lending staff of MDHA will determine a release price, upon the sale of the individual
units. Any unpaid principal and accrued interest will be payable at the end of the loan term.
The Loan shall bear interest on the funds outstanding pursuant to the Loan terms on Article XIII The
Loan and all interest accrued thereon shall become due and payable in the last day of the amortization
period the "Maturity Date'; provided, however, that in the event the Owner has met all of its obligations
under the Rental Regulatory Agreement, then the County shall assign the Promissory Note to the general
i
partner of partnership if applicable.
Commitment Fee
A non- refundable commitment fee of one percent (1%) of the funds allocated will be charged to the
successful applicant(s) (excluding CDC's or CDC's joint venture where the CDC's are financial
beneficiaries of 51% or more of the project) in accordance with Resolution #R- 1174 -86. This fee must be
paid by the successful applicant (s) to Miami -Dade County at the time of contract execution.
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ARTICLE XiV
Access to Records
The Developer shall provide access to all of its records and agrees to provide such assistance as may be
necessary to facilitate their review by the County when deemed necessary by the County to insure
compliance with applicable accounting and financial standards.
The Developer shall make all records or documents which relate to this Agreement available to the County
at the Developer's place of business during regular business hours.
ARTICLE XV
Monitoring
The Developer agrees to permit the Department, the County, State and Federal authorized personnel to
monitor, according to applicable regulations, the program which is the subject of this Agreement. The
Department shall monitor both fiscal and programmatic compliance with all the terms and conditions of
this Agreement. The Developer shall permit the Department to conduct site visits, client assessment
surveys, and other techniques deemed reasonably necessary to fulfill the monitoring function. A report of
the Department's findings will be delivered to the Developer, and the Developer will rectify all deficiencies
cited within the period of time specified in the report.
ARTICLE XVI
Documents
The Developer shall submit documents to the Department as described below or any other document in
whatever form, manner, or frequency as prescribed by the Department. These will be used for monitoring
progress, performance, and compliance with this contract and for compliance with applicable County and
federal requirements.
1. Certificates of Insurance - original to be received by the Department at the time of
contract execution and prior to payments made by the County and as they are renewed
throughout this contract period.
2. Progress Reports
a. The Developer shall submit a status report and it may be revised by the
Department, which shall describe the progress made by the Developer in
achieving each of the objectives and action steps identified in Attachment A,
"Scope of Services.
b. The Developer shall submit to the County a cumulative account of its activities
under this agreement.
Section 1 - Status of Contracted Activities:
The Developer must report specific information regarding the status of the
contracted activities, including accomplishments and /or delays encountered
during the implementation of the project and an unduplicated count of clients
served during the reporting period (if applicable) for each ethnic 'category.
Contractors engaged in construction and /or housing rehabilitation projects shall
report on the progress of their activities including the number of housing units
completed and occupied. The Developer shall also report demographic
information on each head of household. Each goal and corresponding
objective(s), as indicated in the approved Scope of Services, must be addressed
as part of this report.
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Section 11 - Fiscal Information:
The Developer must report expenditure information based on approved budgeted
line items to reflect all costs incurred during the reporting period. In addition, the
Developer shall report on Program Income Usage for each contracted activity.
The Developer shall ensure that the Department receives each report on a
quarterly basis no later than on the 10th day of the following month.
The Developer shall submit to the County, in a timely manner, any other
information deemed necessary by the County, and its presentation shall comply
with the format specified at the time of the request. Failure to submit the
Progress Reports or other information in a manner satisfactory to the County by
the due date shall render the Developer in noncompliance with this Article. The
County may require the Developer to forfeit its claim to payment requests or the
County may invoke the termination, provision in this Agreement by giving five days
written notice of such action to be taken:
3. Annual Report The Developer shall submit a cumulative status report (hereinafter
referred to as "Annual Report ") specified in Article XVI, Paragraph 2.a., Section 11 above,
which shall describe the progress made by the Developer in achieving each of the
objectives identified in Attachment A during the previous year. The "Annual Report" must
cover the calendar year and shall be received annually by the Department no later than
sixty (60) days after the end of each year this contract is in effect.
4. Audit Report - The Developer shall submit to the Department an annual audit report as
required in Article XVI, Paragraph 3 above.
5. Personnel Policies and Administrative Procedures - The Developer shall submit detailed
documents describing the Contractor's internal corporate or organizational structure,
property management and procurement policies and procedures, personnel
management, accounting policies and procedures, etc. Such information shall be
submitted to the Department within 30 days of the execution of this contract.
6. Affirmative Action Plan The Developer shall report to the Department information
relative to the equality of employment opportunities whenever so requested by the
Department.
ARTICLE XVII
Restriction on the Use of Funds
The funds received under this Agreement will not be used to supplant other funds.
A. Adverse Actions or Proceeding. The Developer shall not utilize County funds to retain legal
counsel for any action or proceeding against the County or any of its agents, instrumentalities,
employees or officials. The Developer shall not utilize County funds to provide legal
representation, advice or counsel to any client in any action or proceeding against the County or
any of its agents, instrumentalities, employees or officials.
B. Religious Purposes. County funds shall not be used for religious purposes.
C. Commingling Funds. The Developer shall not commingle funds provided under this Agreement
with funds received from any other funding sources.
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ARTICLE XIII
Inventory - Capital Equipment and Real Property
All capital items acquired for the project by the Developer with funds allocated in this agreement shall be
considered County fixed assets and shall be inventoried as County property. A capital item shall be an
item that: (1) has a service life in excess of one year; (2) is either complete within itself or is a major
component of another item of property; (3) by definition cannot be described either as supplies or
materials; (4) will not be consumed or lose its identity; and (5) has a unit cost of $500 or more.
The County may in its discretion allow the Developer to retain possession of capital equipment after
expiration of this Agreement as long as the Developer continues to provide the service described in the
Scope of Services (Attachment A) or another service that the County determines to be of value. if the
Developer disbands, becomes defunct or in any way ceases to exist or if the Developer ceases to provide
the service described in the Scope of Services or another service of value, the County shall reclaim the
items of capital equipment.
The Developer shall establish and maintain a property control system, and shall be responsible for
maintaining a current inventory on all capital items purchased with County funds on forms provided by the
Department or on forms mutually agreed upon by the Department and the Developer. This will include
listing on a property record by description, model, serial number, date of acquisition and cost. Such
property shall be inventoried annually and an inventory report shall be submitted to the Department.
Records for capital items shall be retained for three (3) years after its disposition.
ARTICLE XIX
Modification
Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement including
but not limited to amount payable and effective term shall only be valid when they have been produced in
writing, duly approved and signed by both parties and attached to the original of this Agreement.
ARTICLE XX
Agreement Guidelines
The Developer agrees to comply with all applicable Federal, State and County laws, rules and regulations,
which are incorporated herein by reference or fully set forth herein.
If the Developer is a corporation not - for - profit, the Developer agrees to abide and be governed by Chapter
617 of the Florida Statute, particularly Sections 617.0830 through 617.0835 as amended, which is
incorporated herein by reference as if fully set forth herein in connection with its Agreement obligations
hereunder.
If the Developer is a corporation, the Developer agrees to abide and be governed by Chapter 607, of the
Florida Statute, particularly Sections 607.0830 through 607.0833, as amended, which is incorporated
herein by reference as if fully set forth herein in connection with its contractual obligations hereunder.
All Developers that are corporations whether for profit or not - for - profit agree to abide and be governed by
the Developer's Articles of Incorporation and By -laws which are incorporated herein by reference as if fully
set forth herein in connection with its Agreement obligations hereunder,
ARTICLE XXI
Subcontracts
1. The Developer shall ensure that all subcontracts and assignments:
a. Comply with all applicable Surtax and SHIP requirements as applicable.
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b. Identify the full, correct, and legal name of the party;
C. Describe the activities to be performed;
d. Present a complete and accurate breakdown of its price component;
e. Incorporate a provision requiring compliance with all applicable regulatory and
other requirements of this contract and with any conditions of approval that the
County deem necessary. This applies only to subcontracts and assignments in
which parties are engaged to carry out any eligible substantive programmatic
service, as may be defined by the County, set forth in this contract. The
Department shall in its sole discretion determine when services are eligible
substantive programmatic services and subject to the audit and record - keeping
requirements described above;
f. Incorporate the language of Attachment D Miami -Dade Affidavits, "Certification
Regarding Lobbying."
2. The Developer shall incorporate in all consultant subcontracts this additional provision:
The Developer is not responsible for any insurance or other fringe benefits, e.g., social
security, income tax withholdings, retirement or leave benefits, for the Consultant or
employees of the Consultant normally available to direct employees of the Developer. The
Consultant assumes full responsibility for the provision of all insurance and fringe benefits
for himself or herself and employees retained by the Consultant in carrying out the Scope
of Services provided in this contract as Attachment A.
3. The Developer shall be responsible for monitoring the contractual performance of all
subcontracts and their progress toward meeting the approved goals and objectives
indicated in the attached Scope of Services.
4. The Developer shall receive from the Department written prior approval for any
subcontract engaging any party who agrees to carry out any substantive programmatic
activities as may be determined by the Department as described in this contract. The
Department's approval shall be obtained prior to the release of any funds for the
subcontractor.
5. The Developer shall receive written approval from the Department prior to either
assigning or transferring any obligations or responsibility set forth in this contract or the
right to receive benefits or payments resulting from this contract.
6. Approval by the Department of any subcontract or assignment shall not under any
circumstance be deemed to provide for the incurrence of any obligation by the
Department in excess of the total dollar amount agreed upon in this contract.
7. If this Agreement involves the expenditure of $100,000 or more by the County and the
Developer intends to use subcontractors to provide the services listed in the Scope of
Service (Attachment A) or suppliers to supply the materials, the Provider shall provide the
names of the subcontractors and suppliers on the form attached as Attachment F.
Developer agrees that it will not change or substitute subcontractors or suppliers from
those listed in Attachment F without prior written approval of the Department.
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ARTICLE XXII
Prior Approval
When applicable, the provider shall obtain prior written approval from the Department before undertaking
any of the following:
1. The disposal of all Agreement records.
2. Any and all changes to contractors project, including, but not limited to changes in sales
price or rents, start -up and completion date extension request, floor plans and amounts
to be contributed towards closing.
ARTICLE XXIII
Management Evaluation and Performance Review
The Department shall conduct a formal management evaluation and performance review of the
Developer. The management evaluation should reflect the Contractor's compliance with generally
accepted fiscal and organizational standards and practices. The performance review should reflect the
quality of service provided and the value received using monitoring data such as progress reports, site
visits, and client surveys.
ARTICLE XXIV
Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to, conform to the terms and requirements of applicable
law.
ARTICLE XXV
Sianaae. Publicity and Advertisements
Publicity It is understood and agreed between the parties hereto that this Developer is funded by
Miami -Dade County. Further, by the acceptance of these funds, the Developer agrees that events funded
by this Agreement shall recognize the County as a funding source. The Developer shall ensure that all
publicity, public relations, advertisements and signs recognizes the County for the support of all
contracted activities. This is to include, but is not Limited to, all posted signs; pamphlets, wall plaques,
cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and
stationary. The Developer shall ensure that all media representatives, when inquiring about the activities
funded by this contract, are informed that the County is its funding source.
All signs to be posted that relate to the County activities must have prior approval and must meet the
standard specifications as established by the County. The use of the official County logo is permissible.
The Developer shall agree to have site signs. In -house signs, whether for acquisition, construction, or
service activity, shall be coordinated with the Department.
ARTICLE XXVI
Waiver of Trial
Neither the Developer, subcontractor, nor any other person liable for the responsibilities, obligations,
services and representations herein, nor any assignee, successor, heir or personal representative of the
Developer, subcontractor or any such other person or entity shall seek a jury trial in any lawsuit,
proceeding, counterclaim or any other litigation procedure based upon or arising out of this Contract, or
the dealings or the relationship between or among such persons or entities, or any of them. Neither
Developer, subcontractor, nor any such person or entity will seek to consolidate any such action in which a
jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties
hereto, and the provisions hereof shall be subject to no exceptions. No party has in any way agreed with
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or represented to any other party that the provisions of this paragraph will not be fully enforced in all
instances.
ARTICLE XXVIi
Notice and Contract
MDHA's representatives for this contract are the contract officers.
In the event that different representatives are designated by either party after this contract is executed, or
the Developer changes its address, notice of the name of the new representative or new address will be
rendered in writing to the other party and said notification attached to originals of this contract.
ARTICLE XXVIII
Miscellaneous
A. Independent Private Sector Inspector General Reviews. Miami -Dade County has
established the Office of the Office of Inspector General which is empowered to perform
random audits on all County contracts throughout the duration of each contract. Grant
recipients are exempt from paying the cost of the audit which is normally % of 1% of the
total contract amount.
The Miami -Dade County Inspector General is authorized and empowered to review past,
present and proposed County and Public Health Trust programs, contracts, transactions,
accounts, records and programs. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of records and monitor
existing projects and programs. Monitoring of an existing project or program may include
a report concerning whether the project is on time, within budget and in compliance with
plans, specifications and applicable law.
The Inspector General is empowered to analyze the necessity of and reasonableness of
proposed change orders to the Contract. The Inspector General is empowered to retain
the services of independence private sector inspectors general (IPSIG) to audit,
investigate, monitor, oversee, inspect and review operations, activities, performance and
procurement' process including but not limited to project design, bid specifications,
proposal submittals, activities of the Provider, its officers, agents and employees,
lobbyists, County staff and elected officials to ensure compliance with contract
specifications and to detect fraud and corruption.
Upon ten (10) days prior written notice to the Provider from the Inspector General or
IPSIG retained by the Inspector General, the Provider shall make all request records and
documents available to the Inspector General or IPSIG for inspection and copying. The
Inspector General and IPSIG shall have the right to inspect and copy all documents and
records in the Provider's possession, custody or control which, in the Inspector General or
IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to
original estimate files, worksheets, proposals and agreements from and with successful
and unsuccessful subcontractors and suppliers, all project - related correspondence,
memoranda, instructions, financial documents, construction documents, proposal and
contract documents, back- charge documents, all documents and records which involve
cash, trade or volume discounts, insurance proceeds, rebates, or dividends received,
payroll and personnel records, and supporting documentation for the aforesaid
documents and records.
The provisions in this section shall apply to the Provider, its officers, agents, employees,
subcontractors and suppliers. The Provider shall incorporate the provisions in this section
in all subcontractors and all other agreements executed by the Provider in connection with
the performance of the contract.
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Nothing in this contract shall impair any independent right of the County to conduct audit
or investigate activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the County by the Provider or third parties.
B Agreement Guidelines. The Provider agrees to comply with all applicable Federal, State
and County laws, rules and regulations, which are incorporated herein by reference or
fully set forth herein. This Agreement shall be interpreted according to the laws of the
State of Florida and proper venue for this Agreement shall be Dade County, Florida.
C. Modifications. Any alterations, variations, modifications, extensions or waivers of
provisions of this Agreement including but not limited to amount payable and effective
term shall only be valid when they have been reduced to writing, duly approved and
signed by both parties and attached to the original of this Agreement.
The County and Provider mutually agree that modification of the Scope of Service, line
item budget of more than fifteen percent (15 %) of the total budget, schedule of payments,
billing and cash payment procedures, set forth herein and other such revisions may be
negotiated as a written amendment to this Agreement between the parties. The Provider
shall limit its revision of the budget to no more than twice during- the term of this
Agreement.
The County Manager is authorized to make modifications to this Agreement as described
herein on behalf of the County.
D. Counterpart. This Agreement is signed in five (5) counterparts, and each counterpart shall
constitute an original of this Agreement.
E. Headings, Use of Singular and Gender. Paragraph. headings are for convenience only
and are not intended to expand or restrict the scope or substance of the provisions of this
Agreement. Wherever used herein, the singular shall include the plural and plural shall
include the singular, and pronouns shall be read as masculine, feminine or neuter as the
context requires.
F. Totality of Agreement/Severability of Provisions. This page Agreement with its
attachments as referenced below contain all the terms and conditions agreed upon by the
parties:
Attachment A: Agreement Program Narrative (Scope of Services)
Attachment B: Agreement Budget
Attachment C: Miami -Dade County Affidavits
Attachment D: State Public Entities Crime Affidavits
Attachment E: Signage Requirements
Attachment F: Subcontractor and Suppliers List
No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or bind any of the parties hereto. If any provision of this Agreement is held invalid or void, the
remainder of this Agreement shall not be affected thereby if such remainder would then continue to
conform to the terms and requirements of applicable law.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and
duly authorized officers on this day of 2002 by
(SEAL)
ATTEST: City of South Miami
AGENCY NAME
By: By:
(Signature of Secretary or Treasurer) (Signature of President or Vice - President)
Hakeem Oshikoya, Finance Dir. Charles D. Scurr, City Manager
Type or Print Name Type or Print Name
Witnesses`
By: By:
(Signature) (Signature)
Ralph Rosado, Asst to City Mgr Olga Cadaval, Grants Adm.
Type or Print Name Type or Print Name
ATTEST: MIAMI -DADE COUNTY, FLORIDA
HARVEY RUVIN, CLERK
By: By:
DEPUTY CLERK STEVE SHIVER
COUNTY MANAGER
Prepared by: Alberto Diaz, Contracts Officer
Miami -Dade Housing Agency
Development and Loan Administration
2103 Coral Way 7th Floor
Miami, FL 33145
03 /20/2UU2 lU: zl rAA JUDZDV0440 17ivd7tl vaasv iesL a a a ava. z --
,I
Attachment A.
Funding Source: SHIP 2002
Rental for- profit () non- profit ()
Homeownership for-profit () non -profit (x)
Construction new () rehabilitation ()
Name of developer: The City of South Miami
Name of development. South Miami homeowner Assistance Program
a.
The County is making funds available through the Documentary Surtax Program or State Housing
Initiative Program (SHIP) for the express purpose of providing construction financing convertible to
permanent mortgage financing for the Developer on behalf of qualified applicant&
Building construction must startt no hater than NIA and shall be completed no later than December 31,
2003. The total amount of Mortgage financing under this agreement shall not exceed $100,00.00, This
amount may be increased from money that is either recaptured or withheld from the original award from
other funding allocations ( "Incentive Pool"), subject to the terms and conditions of the Incentive Pool
policies and procedures and approval of the Board of County Commissioners for Miami Dade County-, or
as otherwise approved by the 'Board of County Commissioners,
The Developer agrees to construct an estimated 10 units and set aside 3 units for very-10W income
families and 5 units for low income families. The sales price or rental amount and description of each unit
is the following;
This is not a loan, it is a grant. The program shall provide purchase and closing cost assistance to
very -low, low and moderate income families for the purchase of affordable single family homes in
the South Miami. Target Area. A max. of $10,000.00 in assistance shall he awarded to qualified
applicants.
h Rrr
This developer will pay closing costs over and above the RFA requirements in an amount up to NIA.
Sales prices or rental amounts shall be in line with the fair market value and with sales prices or rental
amounts in the area of proposed development, and shall be affordable to low income and moderate
income families as reflected in the application. The maximum sales price or initial maximum net rental
amount cannot exceed _N/A,.
On Rental Projects the Developer agrees to notify the County in writing within two weeks of any changes
in management company.
All changes to this contract must receive prior written approval from the County.
The Developer agrees that when receiving Surtax funds at least seventy -five percent (75 %) of the units
approved under this agreement must be occupied by low- income families (defined by Miami -Dade County
Ordinance No, 93 -143 as those earning 80.0 percent or less of median income). No more than
twenty -five percent (25 %) of the units may be occupied by moderate income families (defined by Miami -
Dade County Ordinance No; 93 -143 as those earning from 80.1 to 120.0 percent of rnedlan).
The Developer agrees that when receiving SHIP funds at least thirty percent (30 %) of the units approved
under this agreement must be occupied by very -low income families defined as those earning 50.0
percent or less of median income J. No more than twenty -five percent (25 %) of the units may be occupied
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by moderate income families (defined by Miami- Dade County Ordinance No. 93 -143 as those earning
from 80.1 to 120.0 percent of median).
The Developer shall provide the County with a complete set of permitted plans on each units model upon
approval by the appropriate controlling municipality.
The Developer shall provide the County with a written commitment for construction financing from a
financial institution(s) within ninety (90) days of award approval by the Board of County Commissioners.
The Developer agrees that the County and its agents or designee, including the Fair Housing Center
created pursuant to Adker, et al. v. Miami -Dade County, et. al., have the right to refer eligible, qualified
applicants to the Developer for housing. The Developer shall notify the County before it commences
accepting applications. Thereafter, the County and its agents will refer eligible, qualified applicants to the
Developer. The Developer shall not deny eligible , qualified applicants referred by the County unless good
cause is documented by the Developer and submitted to the County. The Developer shall provide a report
on a quarterly basis, to the County or its designee regarding the approval or denial of those applicants
referred by the County, including the reason for denial, of each applicant.
The Developer also agrees that the County has the right to manage its own disbursements and to act as
the disbursement agent for all construction loans.
The Project for which Surtax or SHIP Financing is awarded is a 10 units project located at South Miami
Target Area.
The ,Developer is required to carry out and return to Miami -Dade County on /or before March 15, 2002
(within fifteen [15] days of written notification by the County of funding approval), an Affirmative Action
Marketing Program-to attract applicants, regardless of sex, of all minority and majority groups, to the
housing program. The Developer will be required to identify any groups that are not likely to be aware of
the available housing, and undertake special marketing efforts designed to make such persons aware of
the available housing and their ability to obtain it on a non - discriminatory basis.
The Developer shall market all housing opportunities with the Dewey W. Knight, Jr. and Ann -Marie Adker
Fair Housing Center either prior to or simultaneously with other advertising or marketing efforts.
The Developer shall submit proof of advertising in The Miami Herald, Diario Las Americas and Miami
Times, and submit proof of the advertising in order to afford all ethnic groups the opportunity to obtain
affordable housing. The Developer shall provide proof of other special marketing efforts that are
undertaken to attract those groups the Developer has identified as least likely to be aware of the available
housing. Acceptable methods include:
a) community contracts such as fair housing organizations and local non - profit
housing associations, housing counseling agencies, minority organizations, such
as NAACP and Urban League, women's organizations, civil rights groups, local
employment security offices, employment centers, labor unions, organizations
which advocate for individuals with disabilities or address issues relating to the
housing needs of such individuals, etc;
b) other mass media advertising, e.g., radio, television;
C) other types of media advertising, including publications of limited circulation such
as neighborhood- oriented weekly newspapers, religious publications and
publications of local real estate industry groups; and
d) brochures, signs and the conspicuous display of the HUD Fair Housing Poster
(see attachment F)
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For profit developer shall pay to Miami Dade County a non- refundable commitment fee of $0 (one
percent (1 %) of the Surtax or SHIP Financing award) on /or before N/A (within fifteen (15) days of
written notification by the County of funding approval)
The non- profit developer must report the progress on site development within six months and begin
construction no later than twelve (12) months after the project approval date by the Board of County
Commissioners. Construction commencement is when building foundation work has started. The staking
off of lots, cutting trees and removing brush do not constitute the commencement of construction. All
construction must be completed within twenty -four months of project approval date. The construction is
complete when a certificate of occupancy has been issued.
The for - profit developer must report the progress on site development within three months and begin
construction no later than six months after the project approval date by the Board of County
Commissioners. Construction commencement is when building foundation work has started. The staking
off of lots, cutting trees and removing brush do not constitute the commencement of construction. All
construction must be completed within eighteen (18) months of project approval date. The construction is
complete when a certificate of occupancy has been issued.
The County will monitor each approved project of the Developer for adherence to plans, unit layout and
deadlines for project completion in accordance with the letter of Agreement and the Services defined
herein.
If the Developer fails to meet the project deadlines, the County shall place the project in probationary
status until the developer makes a formal written request and appearance before the Affordable Housing
Advisory Board and provides justification to that body for an extension of time, and the Board of County
Commissioners approves such extension.
a) The Developer will be notified by mail of probationary status, together with an
explanation of appeal procedures. In the event a response is not received from
the developer within thirty (30) days of such notification, the surtax funding award
will be automatically forfeited by the Developer and the total amount of the
forfeited award shall be held for reallocation.
ATTACHMENT E
PROJECT SIGNS: (See Article XXVI)
The Contractors shall furnish, erect and maintain construction signs in accordance with the
sketch included in these contract documents. The signs shall be made of 3/4 inch marine plywood,
newly painted and lettered according to the accompanying sketch. The signs shall be painted and
lettered in accordance with professional outdoor sign painting standards as to layout, symmetry,
proportion, clarity, neatness and use of weather resistant colors and materials. The Contractor
shall place the signs, securely braced and mounted, as shown on the typical project sign
placement diagram or as directed by the Engineer. All materials shall be provided by the
Contractor and the signs shall remain the property of the Owner at the completion of the contract.
NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN
PLACE. The sign shall be in accordance with the detail shown attached.
The Contractor shall verify the names of the County Commissioners and the local municipality
Commissioners that will appear on the project signs,', before proceeding with painting the signs.
For this Project two (2) signs will be required. Payment for furnishing, installing and
maintaining the sign shall be included under the bid amount for mobilization.
ATTACHMENT F
SUBCONTRACTOR AND SUPPLIERS LIST: (See Article XXII)
In accordance with article XXII of the contract if the agreement involves the expenditure of
$100,000 or more by the County and the Developer intends to use subcontractors to provide the
services listed in the Scope of Service (Attachment A) or suppliers to supply the materials, the
provider shall provide the names of the subcontractors and suppliers below:
Name of Subcontractor & Suppliers I Address Phone No.
2' .6"
2'.F
4' . 0"
BLANK SPACE
PROJECT NAME
DEVELOPER
MIAMI -DADE HOUSING AGENCY FUNDED PROJECT
OTHER FUNDING SOURCES
MIAMI -DADE BOARD OF COUNTY COMMISSIONERS
(LIST)
MIAMI -DADE COUNTY, FLORIDA /' \
BLANK SPACE
1 0„
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: Mayor and Ci Commission
From Charles D. t;
City Manager
REQUEST
Date: April 11, 2002
Agenda Item # C?
Comm Mtg. 04-16%-2
Re: Professional Services Agreement
with Arquitectonica International
Corp. for 73rd Street Garage and Retail
project
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH ARQUITECTONICA
INTERNATIONAL CORP., RELATED TO DESIGN AND CONSTRUCTION OF 73RD
STREET GARAGE AND RETAIL PROJECT IN THE AMOUNT OF EIGHTY -SIX
THOUSAND EIGHT HUNDRED ($86,800) FOR THE SCHEMATIC DESIGN PHASE;
AND PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND:
At the City Commission meeting on January 22, 2002, the City Commission through
Resolution no., 12- 02- 11361, selected Arquitectonica International Inc., as the first ranked
firm, for design, preparing of construction documents and administration of construction
services for the proposed 73rd Street Garage and Retail project. The Commission further
authorized the administration to negotiate a professional services agreement for the same
and bring it back to the City Commission for approval. The attached Professional Services
Agreement, negotiated between the City and Arquitectonica International Corp., is
presented for your approval.
The overall professional services fee has been negotiated as a percentage of the overall
construction cost inclusive of a set lump sum fee for the Schematic Design Phase. To
reflect the uniqueness of the project, the professional services agreement is broken up in
two phases. The first part of the agreement, the Schematic Design Phase, requires that the
consultant, through an extensive public involvement process, generate a well defined
scope, establish a design approach, and set a project budget. Actual professional fee for
the second part of the agreement will be established in accordance with the negotiated
percentage of construction cost estimated at the end of the Schematic Design Phase. The
final scope, the schematic design of the facility and the actual fee for the services beyond
the Schematic Design will be brought back to the City Commission for approval at the
completion of the Schematic Design phase.
Professional Services Agreement with Arquitectonica International Inc.
73rd Street Garage and Retail project
Page 2 of 2
The negotiated percentage for the Professional Services fee is 7.2% of the currently
estimated construction cost inclusive of a Lump Sum fee of Eighty -six thousand eight
hundred dollars ($86,800) for the Schematic Design phase. The administration believes
that the negotiated professional services fee is reasonable and is in accordance with the
acceptable industry practice.
RECOMMENDATION
Approval
Attachments:
Resolution no: 12 -02 -11361
Proposed resolution.
Negotiated Professional Services Agreement
RESOLUTION 12 -02 -11361
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZATION TO NEGOTIATE A
PROFESSIONAL SERVICES CONTRACT WITH NUMBER ONE RANKED FIRMM
OF ARQUITECTONICA INT. CORP., FAILING THAT WITH THE SECOND
RANKED FIRM OF THE CORRADINO GROUP, INC., FAILING THAT TO THE
THIRD RANKED FIRM OF ZYSCOVICH, INC FOR THE DESIGN,
CONSTRUCTION DOCUMENTS AND CONSTRUCTION ADMINISTRATION
SERVICES FOR THE 73RD STREET RETAIL AND GARAGE PROJECT.
WHEREAS, the City Commission desires to retain a team of consultants for the
design; construction documents and construction administration of the City of South
Miami 73rd Street Retail and Garage project, and
WHEREAS, pursuant to Florida Statute 287.055 the City published a Notice for
Professional Services, and
WHEREAS, the City received a total of twenty (20) responses as a result of the
published notice, and
WHEREAS, The City having followed the requirements established by Florida
Statute 287.055: Acquisition of Professional Services for Architects and Engineers;
recommends three top ranked firms in order of preference, and
WHEREAS, The personal interviews of the eight short listed firms were video
taped for record and is available for viewing, and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: That the City Commission approves the recommended ranking of the three top
ranked firms as follows:
1. Arquitectonica Int. Corp.
2. The Corradino Group
3. Zyscovich, Inc.
Section 2: That the City Commission authorizes the administration to negotiate a fee
proposal for design, construction document and construction administration of the City of
South Miami 73rd Street Retail and Garage project with the first ranked firm.
Section 3: That if the City is unable to negotiate a satisfactory contract with the first
ranked firm the City must formally terminate the negotiation and undertake negotiations
with second ranked firm, failing that undertake negotiation with the third ranked firm.
12-02-11361
73`d Street Retail/Garage project
Resolution
Page 2 of 2
Section 4: That the negotiated Professional Services Agreement is brought back to the
Z�
City Commission for approval.
PASSED AND ADOPTED this 22 day of January 12002,
ATTEST:
CITY CLERK
READ AND APPROVE]
CITY ATTORNEY
I : J 11
AS TO FORM:
APPROVED:
MAYOR
Commission Vote:
5-0
Mayor Robaina:
Yea
Vice Mayor Feliu:
Yea
Commissioner Russell:
Yea
Commissioner Bethel:
Yea
Commissioner Wiscombe:
Yea
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RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO AUTHORIZING TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH ARQUITECTONICA INTERNATIONAL CORP.,
RELATED TO DESIGN AND CONSTRUCTION OF 73RD STREET GARAGE AND RETAIL
PROJECT FOR AN AMOUNT OF EIGHTY -SIX THOUSAND EIGHT HUNDRED ($86,800);
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to retain a team of consultants for design,
construction documents and construction administration of the City of South 73rd Street Garage
and Retail Project, and
WHEREAS, The City having followed the requirements established by Florida Statute
287.055: Acquisition of Professional Services for Architects and Engineers, recommended three
top ranked firms in order of preference, and
WHEREAS, The City Commission at its meeting on January 22, 2002 through resolution
no. 12 -02- 11361, authorized the administration to negotiate a professional services agreement
with the number one ranked firm, Arquitectonica International Corp, and
WHEREAS, The negotiated professional services agreement is for a percentage fee of
7.2 % of the estimated construction cost and inclusive of a lump sum amount of $86,800 for the
Schematic Design Phase, and
WHEREAS, The actual fee for the services beyond the Schematic Design Phase will be
established at the completion of the Schematic Design Phase, and brought back for Commission
approval.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: -
Section 1: That the negotiated Professional Services Agreement is approved.
Section 2: That the executed agreement is made a part of the resolution.
Section 3: That the resolution is effective immediately.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
day of , 2002.
OE •
APPROVED:
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI
AND
ARQUITECTONICA INTERNATIONAL CORPORATION
THIS AGREEMENT made the day of , 2002, by and between THE
CITY OF SOUTH MIAMI, a municipality of Miami -Dade County, Florida (hereinafter called
the City) and ARQUITECTONICA INTERNATIONAL CORPORATION (hereinafter called
the Project Architect).
RECITALS
A. The City owns certain unimproved land located in the City of South Miami,
Miami -Dade County, Florida, which is currently used as a public parking lot.
B. The City has entered into, an agreement with the adjacent property owner, to
acquire the air rights and incorporate the adjacent property into the design and construction of a
Parking Structure with mixed -use retail.
C. On February , 2002, the City, pursuant to Resolution No. ,
accepted City staff's recommendation which ranked Arquitectonica International Corporation the
number one ranked proposer and authorized the City Manager to enter into contract negotiations.
NOW, THEREFORE, the City and the Project Architect, for the consideration hereinafter
named, agree as follows:
The Project Architect agrees to perform professional services as provided in this
Agreement and the City agrees to pay the Project Architect for such services a fee in accordance
with the terms and conditions hereinafter stated.
ARTICLE 1
PROJECT ARCHITECT'S SERVICES AND RESPONSIBILITIES
1.0 BASIC SERVICES
1.0.1 The Project Architect's Basic Services consist of the five phases described in
Paragraphs 1.1 through 1. 5, the services set forth in Article 13 hereof, and all design, consultant,
and other services reasonably inferable for the complete design services as contemplated herein.
1.0.2 The City has furnished the Project Architect with a Project Needs Description
attached as Exhibit 1 to be utilized by the Project Architect during the Schematic Design Phase.
The Project Needs Description shall contain the City's parameters for the intended project scope
and character with an accompanying project schedule establishing milestone dates and
completion date of the Project. The Project Description prepared at the completion of the
Schematic Design Phase and approved by the City shall be hereinafter referred to as the
"Project" and attached as Exhibit 2. The Project shall contain a description of the intended
Page 1 of 36
project scope and character with an accompanying project schedule. The Project Architect shall
review these documents to understand the requirements of the Project and shall arrive at a mutual
understanding of such requirements with the City. It shall be the Project Architect's
responsibility to develop a preliminary project cost schedule including the Construction Cost
Limitation specified in Article 3 and to conduct his activities so as to achieve the City's
objectives. The Construction Cost Limitation will be approved by the City upon the completion
of the Schematic Design Phase in accordance with the provisions set forth in Article 3 of this
Agreement.
1.0.3 The professional services which are the subject of this agreement shall be
conducted so that the design (as per the scope of work set forth in the Project attached as Exhibit
2) will call for construction of the Project for a cost not to exceed the Construction Cost
Limitation (to be determined in accordance with the provisions set forth in Article 3 of this
Agreement). The Project Architect shall be responsible for managing the design to stay within
this Construction Cost Limitation.
1.0.4 The Construction Cost Limitation sum, as defined in Article 3, shall be the basis
for computing the Project Architect's Basic Services fee, which shall remain constant throughout
the project upon said Construction Cost Limitation being approved by the City at the completion
of the Schematic ,Design Phase in accordance with the provisions set forth in Article 1.0.2 and
Article 3 of this Agreement, unless changed by the City with the mutual written agreement of the
Project Architect, without regard to the Construction Contract price except as provided in Article
3.4 in this Agreement.
1.0.5 It is understood that design of the Project so as to be consistent with the City's
objectives of scope and cost as defined in the Project Description hereto set forth in Exhibit 2 in
this Agreement shall continue through to completion and acceptance of Design Development
documents. Any adjustment to the scope or quality considered necessary to stay within the
Construction Cost Limitation during this period shall be mutually agreed upon and shall be
considered a Basic Service and normal to that process provided that such adjustment is within
the parameters of the scope of work set forth in Exhibit 1 in this Agreement.
1.0.6 The Project Architect has submitted for prior approval by the City the names of
all consultants, persons, or firms, which the Project Architect proposes to use in the execution of
the services herein described as per Exhibit 4, and shall provide the City with a fully executed
copy of each contract or agreement which the Project Architect enters into with any consultant.
The City reserves the right, in its sole discretion, to reject the employment by Architect of any
consultant for the Project to which the City has a reasonable objection provided that such
rejection is made by the City prior to Project Architect's commencement of the Schematic
Design Phase.
1.0.7 The Project Architect shall pay for such consultant services as set forth in Article
13 of this Agreement out of fees provided for in this Agreement except for those consultants
providing services as per Article 2.3 of this Agreement, whose fees shall be paid directly by the
City. The City accepts no responsibility of any kind for such consultant fees and costs unless
specifically provided for in this Agreement.
Page 2 of 36
1.0.8 The Project Architect shall carry such professional liability and errors and
omissions insurance, covering the services provided under this Agreement. Schedule 1 attached
as Exhibit 3, delineates the insurance amounts and types of coverages required. The fees for
such insurance will be at the expense of the Project Architect. A Certificate of Insurance
indicating the expiration date,` and existence, of the Project Architect's professional liability
insurance is required prior to commencement or continuation of performance of the services
under this Agreement. Each request for payment by the Architect shall include the expiration
date of the insurance. Project Architect shall deliver to the City replacement certificates not less
than thirty (30) days prior to the expiration of any such insurance. If, however, Project Architect
fails to pay any of the renewal premiums for the expiring policies, the City shall have the right
(but not the obligation) to make such payments and set off the amount thereof against the next
payment coming due to Project Architect under this Agreement.
All insurance policies shall contain a waiver of subrogation against the City where
applicable and shall expressly provide that such policy or policies are primary over any insurance
that the City may have. With the exception of professional liability and workman's
compensation, the City shall be named an additional insured on all insurance policies.
1.0.9 The scope of all professional services applied to the design of this Project shall be
such as to incorporate the latest technology appropriate to the stated mission of the institution
and the programmed functional activities as it exists as of the date of this Agreement.
1.0.10 The Project Architect shall conduct its activities related to design, document
production and review, and construction administration services in accordance with the City's
timetables and policies.
1.0.11 The Project Architect shall prepare or cause to be prepared detailed Construction
Cost Estimates of the Project in a form acceptable to the City following the Construction
Specifications Institute (CSI) format as it exists as of the date of this Agreement. Such estimates
shall be submitted with plans and specifications when submitted for review at the completion of
the Schematic Design phase, Design Development phase, and at the stages of completion of the
Construction Documents as described in Article 13, in such a manner that the construction cost
of the Project is affirmed to the City by the Project Architect in writing. Should any
Construction Cost Estimate indicate a cost which exceeds the Construction Cost Limitation, the
City will determine whether to increase the Construction Cost Limitation, or require the Project
Architect to revise the Project scope or quality to bring the estimated cost within the
Construction Cost Limitation at no additional cost to the City providing that there are no changes
to the original scope of work as set forth in Exhibit 2 of this Agreement.
1.0. 12 The Project Architect shall submit documents to the City for review at completion
of the Schematic Design and Design Development phases and at the stages of completion of the
Construction Documents as described in Article 13. The Project Architect shall incorporate into
the documents such corrections and amendments as the City reasonably requests, unless the
Architect has objected in writing and has received the City's consent not to make the
incorporation to which the Project Architect objects; provided however, in the event such
Page 3 of 36
amendments are beyond the original scope of the Project Architect's services as set forth in this
Agreement and Exhibit 1 hereto, the Project Architect's performance in making such
amendments shall be deemed Additional Services to be compensated by the City in accordance
with the provisions of Article 9.2. If any damages are incurred at a later date due to a failure to
incorporate properly requested corrections and amendments, the damages shall be at the Project
Architect's sole expense. Any corrections or amendments necessary to correct any deficiencies
related to the Project Architect's performance shall also be at the Project Architect's sole
expense. Project Architect shall list and indicate on a revised drawing all changes from the
preceding issue of that drawing as required by the City. The City's approval of the revised
drawing shall not be deemed to be an approval of any unlisted changes, and any costs or expense
for any Project Architect's additional services subsequently incurred for such unlisted changes
shall be borne by Project Architect.
1.0.13 The Project Architect, as part of Basic Services, shall become sufficiently familiar
with the Hometown Plan, the City of South Miami's Land Development Code, community issues
and circulation/concurrency existing at the Project location so that the proposed Project which is
the subject of this Agreement will interface functionally with the existing downtown
infrastructure. Any proposed changes to the downtown infrastructure will be confirmed by the
City at the date of this Agreement as set forth in the Project Needs Description.
1.0.14 Notwithstanding anything to the contrary contained in this Agreement, the City
and Project Architect agree and acknowledge that the City is entering into this Agreement in
reliance on Project Architect's special and unique abilities with respect to performing Project
Architect's services, duties, and obligations under this Agreement ( "Project Architect's
Services "). Project Architect accepts the relationship of trust and confidence established
between Project Architect and the City by this Agreement. Project Architect covenants with the
City to use Project Architect's reasonable best efforts, skill, judgment, and abilities in performing
Project Architect's Services. Project Architect covenants to perform Project Architect's Services
diligently and to put forth reasonable efforts to further the interests of the City in accordance
with the City's requirements and procedures (within the scope of this Project as defined in this
Agreement and Exhibit 2 hereto). Project Architect covenants to (i) perform Project Architect's
Services 0)!in accordance with the highest reasonable professional standards of the architectural
profession for those architectural firms of superior skill and knowledge in the United States of a
similar size and character which provide design services for projects which are similar in size,
scope, and budget to the Project, and (ii) make all reasonable efforts to be in compliance with all
applicable federal, state, county and municipal, regulations, codes, and ordinances. 'There are no
obligations, commitments, or impediments of any kind that will limit or prevent performance of
Project Architect's Services. Should Project Architect fail to comply with the reasonable
standard of care required herein, the Project Architect's responsibilities under this Agreement, or
the applicable laws, regulations, codes, ordinances, and orders, Project Architect hereby agrees
to ,bear the full cost of correcting Project Architect's Services and the services of its consultants,
and others who have acted in reliance thereupon.
1.0.15 Project Architect shall call to the City's attention anything of any material nature
in Project Architect's drawings and specifications and any drawings, plans, sketches, instructions,
information, requirements, procedures, requests for action, and other data supplied to Project
Page 4 of 36
0
Architect (by the City or any other party) which Project Architect regards in Project Architect's
professional opinion as unsuitable, improper, or inaccurate in connection with the purposes for
which such documents or data are furnished. Nothing shall reasonably excuse or detract from
Project Architect's responsibilities or obligations hereunder in a case where such documents or
data are furnished unless Project Architect advises the City in writing that in Project Architect's
professional opinion such documents or data are unsuitable, improper, or inaccurate and the City
confirms in writing that it wishes Project Architect to proceed in accordance with the documents
or data as originally given.
1.0.16 Project Architect's services shall be reasonably accurate and free from any
material errors or omissions. Project Architect's duties as set forth herein shall at no time be in
any way diminish by reason of any approval or acceptance by the City, nor shall Project
Architect be released from any liability by reason of such approval by the City, it being
understood that the City at all times is ultimately relying upon Project Architect's skill and
knowledge in performing Project Architect's services. The City shall have the right to reject any
portion of Project Architect's Services on the Project because of any fault or defect in the Project
due to any material defect in the plans, drawings and specifications, and other materials prepared
by Project Architect, consultants or subconsultants and prompt notice of any such rejection shall
be given by the City to Project Architect. Project Architect shall immediately perform, without
any additional cost or expense to the City, any and all such services as are required to correct or
remedy any act, error, or omission directly attributable to a material defect in the plans,
drawings, and specifications and other materials of Project Architect, or in connection with any
material defect in the Project Architect's Services, or the services of Project Architect's
consultants or other persons employed by Project Architect, in the performance of any of the
provisions of this Agreement. Should the Project Architect refuse or neglect to correct or
remedy such defects within a reasonable time after receiving notice requesting such correction or
remedy, then the City shall be entitled to effect such correction or remedy itself at the expense of
Project Architect, and Project Architect 'shall reimburse the City upon demand for all expenses
incurred by the City to effect such correction or remedy. This commitment by Project Architect
is in addition to, and not in substitution for, any other remedy for defective services which the
City may have at law or inequity, or both.
1.0.17 The Project Architect shall not proceed beyond the phase of design authorized by
the City, except at the Project Architect's own financial risk.
1.0.18 In the performance of Project Architect's obligations hereunder, Project Architect
agrees to furnish efficient business administration and superintendence and to use Project
Architect's best efforts to design the Project in the best way and in the most expeditious and
economical manner consistent with the interest of the City and Project Architect's professional
skill and care as defined herein.
1.0.19 In view of the services to be performed by Project Architect, Project Architect
shall devote such time and in -house personnel as may be required to perform Project Architect's
services hereunder. Unless and until the City grants its prior written approval to any substitution,
or requests any substitution, Project Architect's Senior Principal responsible for completing the
Project Architect's services shall be as listed on Exhibit 3 attached hereto and incorporated
Page 5 of 36
herein. The day -to -day Project team will be led by the person or persons as listed on Exhibit 3,
unless otherwise directed by the City or prevented by factors beyond the control of Project
Architect. The Senior Principal shall act on behalf of Project Architect with respect to all phases
of Project Architect's Services and shall be available as required for the benefit of the Project and
the City.
1.0.20 Within the reasonable scope of the Project Architect's professional responsibilities
Project Architect shall investigate any documents provided by the City and the visible existing
conditions at the Project site to identify existing systems and construction which must be
modified to accommodate the Project Architect's design for the Project and the construction of
the Project. Within the reasonable scope of the Project Architect's professional responsibilities,
the Project Architect shall identify to the City any incongruities between the documents and
visible conditions, and shall consult with the City on any special measures required of the City or
additional services required to accommodate the investigation, including, without limitation, any
further investigation which is necessary for Project Architect to perform its services free from
material errors and omissions, and so that Project Architect's design will be properly coordinated
with existing systems and construction. This investigation shall be accomplished by registered,
professional architecturals and engineering firms, as appropriate.
1.0.21 The City has or intends to retain a Construction Manager for this project (the
"Construction Manager "), and the Project Architect shall coordinate its Services (Basic and
Additional) hereunder with the Construction Manager. The City may direct the Project Architect
in writing to recognize the Construction Manager as its representative for the performance of
various duties hereunder which are otherwise defined as the responsibility of the City hereunder
provided such changes are within the original scope of work as set forth in Exhibit 2 of this
Agreement. Upon request, Project Architect shall be entitled to review a redacted version of the
agreement, between the City and the Construction Manager for this project (the "CM
Agreement "). Nothing in the CM Agreement shall confer direct responsibility on the
Construction Manager for the Project Architect's services, nor shall anything contained therein
diminish Project Architect's responsibility for its services as set forth under this Agreement.
1.0.22 As an Additional Service to be compensated with the provisions of Article 9.2 of
this Agreement the Project Architect shall: assist the City in the review of the necessary bidding
information, bidding forms, Request for Proposal (RFP) documents for the selection of a
construction manager, and require and resolve questions about the bid and the RFP documents;
attend one pre -bid and one pre - proposal conferences; evaluate bids and proposals; and assist in
the City in developing the Guaranteed Maximum Price; answer inquiries from bidders and
proposers at the City's request; and prepare and issue any necessary addenda to the bidding or
proposal documents.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 Based on the mutually agreed upon project description, Construction Cost
Limitation and the Project Schedule, the Project Architect shall participate in one concept design
meeting with representatives of the City and thereafter prepare a maximum of four alternative
Page 6 of 36
approaches to design and construction of the Project to satisfy the City's requirements as set
forth in the scope of work in Exhibit 2 of this Agreement, shall review the understanding of such
requirements with the City and Construction Manager, and shall, at completion of this phase,
submit Schematic Design Documents. The Project Architect shall participate in one follow up
meeting with representatives of the City to review the alternative approaches.
1.1.1.1 Project Architect shall work closely with the City in preparation of
schematic drawings and shall specifically conform to the City's reasonable requirements
regarding aesthetic design issues.
1.1.1.2 The Project Architect shall hold a maximum of two public workshops to
receive public input during the schematic design phase.
1.1.1.3 The Project Architect shall perform all necessary traffic analysis and meet
all concurrency requirements as of the date of the application for the building permit.
1.1.2 The Project Architect shall furnish and deliver to the City four copies of complete
printed sets of Schematic Design documents as enumerated in Article 13.
1.1.2.1 The Schematic Design documents shall include:
(i) Proposed timetable for completing designs, permitting and
construction;
(ii) Planning summary consisting of a vicinity traffic plan, site plan
and a summary of all pertinent planning criteria (any vicinity plan
other than the vicinity traffic plan that may be requested shall be
provided by the Project Architect as an Additional Service to be
compensated with the provisions of Article 9.2 of this Agreement);
(iii) Schematic Design studies consisting of all plans, elevations and
sections as required to illustrate scale and functionality of the
project design and relationship of the project to the surrounding
area;
(iv) Detailed construction cost estimate.
1.1.3 The Project Architect shall determine if the proposed design requires variances,
special exceptions and present the Schematic Design studies to the Citizen Advisory Boards
(such as the Environmental Review Board and Planning Board) and the City Commission as
appropriate, for their respective approval (provided that the Project Architect's participation in
more than two presentations to the Citizen Advisory Boards or more than two presentations to
the City Commission shall constitute an Additional Service to be compensated in accordance
with the provisions of Article 9.2 of this Agreement).
Page 7 of 36
1.1.4 The Project Architect shall present the Schematic Design studies to all appropriate
utility companies to determine potential conflict with their utilities or to identify any other
critical issues that may impact the design, budget and construction
1.1.5 The Project Architect shall direct the preparation of a detailed construction cost
estimate as described in Sub- paragraph 1.0.12 to confirm the Construction Cost Limitation and
present same with the completed Schematic Design Documents. The Project Architect shall
review its construction cost estimate in comparison with the construction cost estimate prepared by
the Construction Manager, and shall reconcile any differences between the two construction cost
estimates in coordination with the Construction Manager. If the Project Architect is unable to
reconcile all differences between the two construction cost estimates with the Construction
Manager, then the Project Architect shall provide a detailed explanation of the differences to the
City.
1.1.6 Before proceeding into the Design Development Phase, the Project Architect shall
obtain the City's written acceptance of the Schematic Design documents and approval of the
Project Architect's preliminary construction cost estimate.
1.1.7 The Project Architect shall participate in a final review of the Schematic Design
Documents with the City and Construction Manager at the Project location or other location
specified by the City. Prior to the City's approval of the Schematic Design Documents, the Project
Architect shall incorporate such changes as are necessary to satisfy the City's review comments,
any of which may be appealed for good cause, provided however, in the event such changes are
beyond the original scope of the Project Architect's services as set forth in this Agreement and
Exhibit 2 hereto, the Project Architect's performance in making such amendments shall be
deemed Additional Services to be compensated by the City in accordance with the provisions of
Article 9.2.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Documents and any adjustments to the
Construction Cost Limitation authorized by the City (to be determined in accordance with the
provisions set forth in Article 1.0.2 and Article 3 of this Agreement), the Project Architect shall
prepare, for approval by the City and review by the Construction Manager, Design Development
Documents in accordance with the City's written requirements to further define and finalize the
size and character of the Project. The Project Architect shall review the Design Development
Documents as they are being prepared at intervals appropriate to the progress of the Project with
the City and Construction Manager. The Project Architect shall provide the Construction
Manager with one of the four required sets as per Article 13 of the Project Architect's documents
to the Construction Manager to assist the Construction Manager in fulfilling its responsibilities to
the City.
1.2.2 The Project Architect shall furnish and deliver to the City four complete printed
sets of Design Development documents as per Article 13.
Page 8 of 36
1.2.3 The Project Architect shall review the construction cost estimate prepared by the
Construction Manager in comparison to the Construction Cost Limitation, and shall reconcile any
differences in coordination with the Construction Manager.
1.2.4 Before proceeding into the Construction Document Phase, the Project Architect
shall obtain the City's written acceptance of the Design Development documents and approval of
the mutually established Construction Cost Limitation.
1.2.5 The Project Architect shall participate in a final review of the Design Development
Documents with the City and Construction Manager. Prior to the City's approval of the Design
Development Documents, the Project Architect shall incorporate such changes as are reasonably
necessary to satisfy the City's review comments, any of which may be appealed for good cause,
provided however, in the event such changes are beyond the original scope of the Project
Architect's services as set forth in this Agreement and Exhibit 2 hereto, the Project Architect's
performance in making such changes shall be deemed Additional Services to be compensated by
the City in accordance with the provisions of Article 9.2.
1.2.6 At the completion of the Design Development Phase, or such other time as the City
may specify to Project Architect, at the City's sole option and discretion, the City will furnish
Project Architect with a Guaranteed Maximum Price proposal prepared by Construction Manager
based ,upon the Design Development Documents prepared by the Project Architect and approved
by the City. The Project Architect shall assist the City and further and advocate the City's interests
in the City's negotiations with the Construction Manager in an effort to develop a Guaranteed
Maximum Price proposal acceptable to the City, in the City's sole discretion. If the Construction
Manager's Guaranteed Maximum Price proposal exceeds the Construction Cost Limitation and if
the City does not accept the Construction Manager's Guaranteed Maximum Price proposal, the
Project Architect shall participate with the City and Construction Manager in constructability
reviews and shall revise the documents as necessary in order to reach an agreement. If the
Construction Manager's Guaranteed Maximum Price proposal is equal to or less than the
Construction Cost Limitation and the City does not accept the Construction Manager's Guaranteed
Maximum Price proposal the Project Architect will only participate in constructability reviews as
an Additional Service to be compensated in accordance with the provisions of Article 9.2 of this
Agreement. If Construction Manager's Guaranteed Price proposal exceeds the Construction Cost
Limitation furnished to the City by Project Architect, and the 'City directs` Project Architect to
revise the documents, then Project Architect shall revise the documents at its own expense so that
the Guaranteed Maximum Price proposal for constructing the Project shall not exceed the City's
Construction Cost limitation and any previously approved construction cost estimate provided
such revisions are within the original scope of the Project Architect's services as set forth in this
Agreement and Exhibit 2 hereto. If it is determined to be in the City's best interest, instead of
requiring the Project Architect to revise the drawings and specifications, the City reserves the right
to accept a Guaranteed Maximum Price proposal that exceeds the 'stipulated Construction Cost
Limitation. The Project Architect shall analyze the final Guaranteed Maximum Price proposal
document, together with its supporting assumptions, clarifications, and contingencies, and shall
submit a detailed written analysis of the document to the City. Such analysis shall include, without
limitation, reference to and explanation of any inaccurate or 'improper assumptions and
clarifications.
Page 9 of 36
1.2.7 After the Guaranteed Maximum Price has been accepted, the Project Architect shall
incorporate into the Design Development Documents any revisions which are necessary due to
inaccurate assumptions and clarifications made in the development of the Guaranteed Maximum
Price, provided however, in the event such revisions are beyond the original scope of the Project
Architect's services as set forth in this Agreement and Exhibit 2 hereto, the Project Architect's
performance in making such revisions shall be deemed Additional Services to be compensated
by the City in accordance with the provisions of Article 9.2.
1.3 CONSTRUCTION DOCUMENT PHASE
1.3.1 Based on the approved Design Development Documents and any further
adjustments in the scope or quality of the Project or in the Project Construction Cost Limitation
authorized by the City, the Project Architect shall prepare, for approval by the City and review
by the Construction Manager, Construction Documents consisting of Drawings and
Specifications setting forth in detail the requirements for construction of the Project. The plans,
drawings and specifications for the entire Project shall be so prepared that same will call for the
construction of the building and related facilities, together with its built -in permanent fixtures and
equipment which will cost not more than the Guaranteed Maximum Price accepted by the City, or
the Construction Cost Limitation established by the City if no Guaranteed Maximum Price
proposal has been accepted by the City. The Project Architect will be responsible for managing
the design to stay within such Guaranteed Maximum Price proposal or Construction 'Cost
Limitation. The Project Architect shall review the Construction Documents as they are being
prepared at intervals appropriate to the progress of the Project with the City and Construction
Manager. The Project Architect shall provide the ;Construction Manager with one of the four
required sets as per Article 13 of the Project Architect's documents to the Construction Manager
to assist the Construction Manager in fulfilling its responsibilities to the City.
1.3.2 The Project Architect shall assist the City and Construction Manager in the
determination of construction phasing and scheduling, bid or proposal alternates, special cash
allowances, liquidated damages, the construction contract time period, and compliance with
special' construction conditions limiting construction during the holiday season.
1.3.3 The Project Architect shall assist the City and Construction Manager in
connection with the City's responsibility and procedures for obtaining approval of all authorities
having jurisdiction over the Project.
1.3.4 The Project Architect, as per Article 13 at the Project Architect's expense, at each
stage of review, shall furnish and deliver to the City the number of complete printed copies of all
plans, drawings and specifications of every character made or furnished in connection with the
Work, which copies shall become the property of the City subject to the provisions of Article 7
hereinbelow. The Project Architect shall incorporate into the plans, drawings and specifications
such changes as are reasonably necessary to satisfy the City's review comments, any of which
may be appealed in writing for good cause provided however, in the event such changes are
beyond the original scope of the Project Architect's services as set forth in this Agreement and
Exhibit 1 hereto, the Project Architect's performance in making such changes shall be deemed
Page 10 of 36
Additional Services to be compensated by the City in accordance with the provisions of Article
9.2.
1.3.5 The Project Architect shall review the construction cost estimate prepared by the
Construction Manager in comparison to the Construction Cost Limitation, and shall reconcile any
differences in coordination with the Construction Manager.
1.3.6 The City will require construction document drawings to be produced on a CADD
system as part of Basic Services. The City will define the CADD drawing requirements and the
final media for the CADD data. The City recognizes that the Project Architect uses ACAD 2000
and therefore any other programs or other technology which the City may require the Project
Architect to use or employ in the performance of its services shall be furnished by the City to the
Project Architect at the City's expense.
1.3.7 The Project Architect shall participate in a final review of the Construction
Documents with the City and Construction Manager. Prior to the City's approval of the
Construction Documents, the Project Architect shall incorporate such changes as are necessary to
satisfy the City's review comments, any of which may be appealed for good cause.
1.3.8 Before proceeding into the next scheduled phase, the Project Architect shall
obtain the City's written acceptance of the Construction Documents and approval of the
Construction Cost Limitation.
1.4 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
1.4.1 The Construction Phase shall commence with the City's acceptance of the
Construction Manager's Guaranteed Maximum Price and will terminate when final payment to the
Construction Manager for all Work is made, or sixty days after the last Date of Completion of the
Warranty Work, whichever occurs last.
1.4.2 Unless otherwise provided in this Agreement and incorporated in the Contract
Documents, the Project Architect shall provide administration of the Contract for Construction as
set forth below.
1.4.2.1 The Project Architect shall, in coordination with the Construction Manager
as confirmed at the Pre- Construction Conference, establish and maintain a numbering and tracking
system for all project records, including changes, requests for information, submittals, and
supplementary instructions shall provide updated records at each bi- monthly meeting and when
requested.
1.4.2.2 The Project Architect shall administer construction administration a14
meetings scheduled by the City or Project Architect and shall promptly provide summary notes to
all parties (unless otherwise agreed at the Pre - Construction Conference). The Project Architect
shall attend Construction Manager's regularly scheduled planning meetings when requested but
will not be responsible for administering such.
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1.4.3 The Project Architect shall review the Construction Manager's initial administrative
submittals for Project Schedule, Schedule of Values, Submittal Schedule, and Equipment Matrix
for compliance with the appropriate basis for construction monitoring, payment processing, and
system commissioning. The Project Architect shall provide detailed written comments to the
Construction Manager for necessary revisions and recommend acceptance of these documents to
the City when appropriate. The Project Architect shall review periodic updates of all schedules
with the City and Construction Manager to evaluate appropriateness.
1.4.4 The Project Architect and its consultants shall prepare appropriate materials for and
conduct a Pre- Construction Conference at the site prior to commencement of construction by the
Construction Manager.
1.4.5 The Project Architect shall be a representative of the City during the Construction
Phase but only to the extent of the specific obligations assigned to the Project Architect under this
Article 1,4. As a matter of practice, communications with the Construction Manager shall be
copied to the Project Architect and all communication by and with the Project Architect's
consultants shall be through the Project Architect and copied to the Project Architect's consultants,
except that the City reserves the right to communicate directly with the Construction Manager and
consultants, and cope to the Project Architect, as it deems necessary or appropriate at any time.
The Project Architect shall have authority to act on behalf of the City to the extent provided in the
Contract Documents unless otherwise modified by written instrument. Duties, responsibilities and
limitations of 'authority of the Project Architect shall not be restricted, modified or extended
without written acceptance of the City.
1.4.6 The Project Architect shall visit the site at least once each week during the entire
construction period, and each consultant shall visit the site as deemed reasonably appropriate by
said consultant during construction activities related to each consultant's discipline, to observe the
progress and quality of the Work and to determine in general if the Work is proceeding in
accordance with the Contract Documents. Architect and each consultant shall submit written
reports of such visits and meetings. On the basis of such onsite observations, the Project Architect
shall keep the City informed of the progress and quality of the Work, and shall endeavor to guard
the City against defects and deficiencies in the Work of the Construction Manager. Project
Architect shall notify the City and the Construction Manager in writing of any portions of the
work which Project Architect has observed as not being in conformity with the Construction
Documents and make recommendations as to correction of such deficiencies or defects. As part
of such on -site observation, Project Architect shall make its site representative available and
shall consult with the City and the Construction Manager on the occasion of all circumstances
arising during the course of construction which would make such consultation in the City's
interests.
1.4.6.1 In addition to site visits for general observation, the Project Architect and its
consultants shall visit the site for specific purposes related to certification of progress payments,
start-up or mock -up reviews for significant work activities and for formal inspections of the Work.
The Project Architect and its consultants shall provide written reports of all site visits to the City
and Construction Manager in order to confirm compliance with the Construction Documents..
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1.4.7 The Project Architect shall prepare a standard agenda for, and attend monthly job
conferences for attendance by representatives of the Construction Manager, major Trade
Contractors and Subcontractors. The Project Architect shall also prepare and distribute minutes of
the meetings as agreed at the Pre- Construction Conference.
1.4.8 The Project Architect shall not have control or charge of and shall not be
responsible for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, for the acts or omissions of the
Construction Manager, Trade Contractors, Subcontractors, or any other persons performing any of
the Work, or for the failure of any of them to carry out the Work in accordance with the Contract
Documents.
1.4.9 The Project Architect shall at all times have access to the Work wherever it is in
preparation or progress.
1.4.10 The Project Architect shall advise the City regarding the amounts owing to the
Construction Manager based on observations of Work placed at the site and on evaluations of the
Construction Manager's Request for Partial Payment, shall coordinate such review and evaluation
with the City's representatives, and shall certify Construction Manager's Request for Partial
Payment in such amounts.
1.4.11 The certification of a Construction Manager's Request for Partial Payment shall
constitute a representation by the Project Architect to the City, based on the Project Architect's
observations at the site as provided in this Agreement and on the data comprising the Construction
Manager's Request for Partial Payment, that the Work has progressed to the point indicated; that, to
the best of the Project Architect's knowledge, information and belief, the quality of the work is in
accordance with the Contract Documents and that the Construction Manager is entitled to payment
in the amount certified. However, the approval of a Construction Manager's Request for Partial
Payment shall not be a representation that the Project Architect has (a) made any examination to
ascertain how and for what purpose the Construction Manager has used the moneys paid on
account of the Contract Sum., (b) made exhaustive or continuous on -site inspections to check the
quality or quantity of the Work, (c) examined construction means, methods, techniques,
sequences or procedures, or (d) reviewed copies of requisitions received from subcontractors and
material suppliers and other data requested by the City to substantiate the Construction
Manager's right to payment.
1.4.12 Interpretations and recommendations of the Project Architect shall be consistent
with the intent of and reasonably inferable from the Contract Documents and shall be in written or
graphic form.
1.4.13 Subject to approval of the City, the Project Architect's decisions in matters relating
to artistic effect shall be final if consistent with the reasonably inferable intent of the Contract
Documents.
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1.4.14 The Project Architect shall have the responsibility to recommend to the City and the
authority, with appropriate notification to the parties, and shall endeavor to reject Work which does
not conform to the Contract Documents. Whenever, in the Project Architect's reasonable opinion,
it is necessary or advisable for the implementation of the intent of the Contract Documents, the
Project Architect will have authority to require special inspection or testing of the Work in
accordance with the provisions of the Contract Documents, whether or not such Work be then
fabricated, installed or completed. The Project Architect shall review construction materials testing
and any special testing required and shall provide recommendations for retesting, actions, or any
appropriate corrective measures as may be necessary or appropriate based on the results of such
tests.
1.4.15 The Project Architect and Consultants thereto shall review and. approve or take
other appropriate action upon the Construction Manager's submittals such as Shop Drawings,
Product Data and Samples, but only for conformance with the design concept of the Work set forth
in the Contract Documents and the applicable sections of the building code, and shall respond to
Construction Manager's inquiries and questions and provide such supplemental information as
appropriate. Such action shall be taken with reasonable promptness so as to cause no delay to the
Construction Manager's scheduled progress, but within fourteen (14) business days. The Project
Architect's approval of a specific item shall not indicate approval of an assembly of which the item
is a component.
1.4.16 Project Architect shall review and respond appropriately to properly prepared,
timely requests from the Construction Manager for additional information regarding the
Construction Documents and, if necessary or appropriate as determined by the Project Architect
in its discretion for the purpose of responding to such requests, issue supplemental documents to
amplify or clarify portions of the Construction Documents.
1.4.17 Project Architect shall provide assistance in the review of the Construction
Manager's requests for change orders or claims for additional time or costs, and make
recommendations to the City as to such requests or claims.
1.4.18 The Project Architect shall prepare Change Orders for the City's approval and
execution in accordance with the Contract Documents, and shall have authority to order minor
changes in the Work not involving an adjustment in the Contract Sum or an extension of the
Contract Time which are not inconsistent with the intent of the Contract Documents. In
conjunction with each Change, the Project Architect shall prepare an independent cost and time
estimate for comparison with the Construction Manager's proposal and recommend to the City
whether the proposal is acceptable. The Project Architect shall prepare revised Contract Drawings,
where appropriate, to illustrate and document the work required by the Change. All proposed
changes to drawings, plans and specifications, regardless of how initiated, shall be totally defined
in the document depicting them as to scope of work added, removed, or changed. The original
copies of the Construction Documents may be revised to show such changes, provided that all
such revisions shall be separately recorded on media acceptable to the City, including, without
limitation, CADD. Such revisions shall be clearly indicated and a current revision date shall be
included on the reproducible copy. Changes to the specifications shall be made by consecutively
numbered and dated addenda. All changes to design documents or specifications will be
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identified with date of change, revision number and other customary identification references.
Areas changed on drawings will be "clouded" to show each change. Clouds designating previous
changes will be removed so that only the most recent changes will be clouded. If the revised
drawings are due to Changes ordered by the City and not due to errors and omissions on the part of
the Project Architect, the extra expenses will be treated as Additional Services.
1.4.19 Project Architect shall conduct and its consultants shall participate in concealed
space inspections (as deemed necessary by the Project Architect), systems start-up inspections,
Substantial Completion or pre - Final inspections to determine the Dates of Substantial Completion,
and Final Inspection. In association with each inspection, Project Architect and its consultants
shall prepare a list of items which Project Architect and its consultants have observed as
deficiencies in the Work, requiring remedial work or replacement, assemble and distribute the
official punch list(s) to all affected parties, and thereafter review the corrected and /or replaced
work and assist in verification of correction of all items.
1.4.20 Project Architect shall review, for conformance with the Contract Documents,
Construction Manager's submission of guarantees and warranties.
1.4.21 The Project Architect and its consultants shall assist the City in checking as -built
drawings during the course of the Work in association with certifying progress payments and shall
review final as -built documents for completeness and compliance with Contract requirements.
1.4.22 In order to confirm compliance with the scope of the Project set forth in the
Construction Documents the Project Architect shall receive and review Construction Manager's
submission of operating and maintenance instructions, and all manuals, brochures, drawings, and
other close -out documentation furnished by the Construction Manager, shall require necessary
revisions to same, and when acceptable under the terms of the Contract between the City and
Construction Manager, shall forward same to the City. The Project Architect shall certify final
payment to the Construction Manager when the requirements of the Contract between the City
and Construction Manager have been met.
1.4.23 Project Architect and its consultants shall provide assistance to the City for the
purpose of advising and counseling the City's personnel in the usage, operation and maintenance
of the building mechanical, electrical, and plumbing systems.
1.4.24 The Project Architect shall be available after final payment to advise the City
regarding Warranty items and to inspect Warranty work during the Warranty period. Project
Architect shall participate in the Project's one -year warranty review.
1.4.25 Additional drawings or specifications that may be required for construction of
mock -ups or other items beyond the scope of the Basic Services shall be considered an Additional
Service pursuant to Article 1.5, to be compensated by the City in accordance with the provisions of
Article 9.2.
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1.5 ADDITIONAL SERVICES
1.5.1 Additional Services are those services which shall be provided if authorized or
confirmed in writing by the City and for which compensation will be provided as described in this
Agreement in addition to Basic Compensation. Prior to commencing any Additional Service,
Project Architect shall prepare for acceptance by the City an Additional Services Proposal, in the
form attached hereto as Exhibit 4, or other format as directed by the City and agreed to in writing
by the Project Architect, which shall describe in detail the nature or scope of the Additional
Services, the basis upon which Project Architect has determined that such services are Additional
Services, and which shall set forth the maximum amount of fees and reimbursable expenses for
which Project Architect is prepared to perform such Additional Services, together with a proposed
schedule for the performances of such Additional Service. Project Architect shall proceed only
after written acceptance by the City of the Additional Services Proposal.
1.5.2 Upon acceptance by the City, each Additional Services Proposal and the services
performed by Project Architect pursuant to such Additional Services Proposal shall become part
of this Agreement and shall be subject to all the terms and conditions of this Agreement, as fully
and completely as though the same had been included in this Agreement as a Basic Service at the
original execution of this Agreement but subject to the increase in fees payable to the Project
Architect resulting therefrom pursuant to Article 9.2 of this Agreement.
1.6 TIME
Project Architect shall perform all of Project Architect's services described herein as
expeditiously as is consistent with (1) the degree of professional skill and care defined herein, (2)
the orderly progress of such services, and (3) conformance with the schedules described herein
so that the desired development and construction schedule for the Project shall be maintained.
Project Architect shall at all times provide sufficient personnel to accomplish Project Architect's
services within the time limits set forth in the schedules described herein. The Project Architect
shall coordinate with the Construction Manager in the preparation and maintenance of the
schedule for performance of the professional services for the Project, including the Project
Architect's services. Changes in this schedule may be made only with the written approval of
the City and the Project Architect. Project Architect shall perform all of its services in
accordance with the then- current schedule approved by the City and the Project Architect. This
schedule may not be exceeded by Project Architect. Notwithstanding anything contained in this
Agreement to the contrary, in the event the City shall fail to provide the Project Architect with
written approval as to the acceptance of the completion of the Project Architect's services with
respect to any particular phase within 15 business days of the Project Architect's submission of
all documents prepared by the Project Architect with respect to said phase, then the City shall be
automatically deemed to have accepted such services and documents, and the Project Architect
may commence services with respect to the subsequent phase.
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ARTICLE 2
THE CITY'S RESPONSIBILITIES
2.1 The City and the Project Architect will mutually agree in writing to a Project Description at
the end of the Schematic Design Phase which Description will be attached hereto as Exhibit 2 at
said time. The Project Description will set forth the City's description of the project scope,
preliminary project cost, schedule, criteria for design objectives, characteristics and constraints,
space requirements and relationships, site requirements, and desired special components, systems
and equipment.
2.2 The City, at its cost, will secure the services of surveyors and soils engineers.
2.3 If the City observes or otherwise acquires actual knowledge of any design fault or defect in
the Project or conflict in the Contract documents, written notice thereof will be given by the City to
the Project Architect, however, the City shall have no obligation or duty to investigate whether
such faults, defects, or conflicts exist.
2.4 The City will review the Project Architect's design at the completion of Schematic Design
and Design Development and at completion of the stages of Construction Documents as described
in Article 13. Comments concerning corrections or amendments to the plans and specifications
'will be furnished in writing to the Project Architect as promptly as possible after receipt of the
documents for review. The City may require the Project Architect to halt production during design
review.
2.5 The City shall furnish required information and services and shall render approvals and
decisions as expeditiously as necessary for the orderly progress of the Project Architect's services
and of the Work.
2.6 The City shall furnish one or more Construction Inspectors who shall be responsible for
detailed inspection of the Work, consisting of close, on -site examination of the materials, structure
and equipment; and surveillance of the workmanship and methods used to insure that the Project is
reasonably accomplished in accordance with the Contract Documents and good construction
practices. Written reports by the City's Construction Inspectors shall be copied to the Project
Architect.
ARTICLE 3
CONSTRUCTION COST LIMITATION -- DEFINITION
3.1 The Construction Cost Limitation shall be the total cost of all elements of the project,
including all alternate bids or proposals, designed and specified by the Project Architect to be
determined by mutual written agreement of the City and the Project Architect upon completion of
the Schematic Design Phase.
Page 17 of 36
3.2 The Construction Cost Limitation shall include at current market rates, including a
reasonable estimated allowance for overhead and profit, the estimated cost of labor and materials
furnished to the City and any equipment which has been shown in the plans, specified, and
specially provided for by the Project Architect.
3.3 The Construction Cost Limitation does not include compensation to the Project Architect
and the Project Architect's consultants, or other costs which are the responsibility of the City as
provided in Article 2.
ARTICLE 4
PAYMENTS TO THE PROJECT ARCHITECT
4.1 PAYMENTS ON ACCOUNT OF'BASIC SERVICES
4.1.1 The Project Architect shall submit to the City monthly invoices for fees in
proportion to services rendered within each phase of the services as demonstrated by the
instruments of service on the basis set forth in Article 9 along with reimbursable expenses. The
City shall pay each monthly invoice submitted by the Project Architect in accordance with the
preceding sentence within thirty (30) days of the date of receipt of such invoice. Any invoiced
amount which remains unpaid more than thirty (30) days from the date of the subject invoice shall
accrue interest at the lower of (a) 18 % per annum or (b) the highest interest rate allowable under
applicable law. All such interest which accrues pursuant to the preceding sentence shall be due
and payable by the City immediately upon demand by the Project Architect.
4.1.2 The City, notwithstanding any provision in this Agreement, shall not be obligated
to make any payment (whether a progress payment or final payment) to Project Architect if any
one or more of the following conditions exist:
4.1.2.1 Project Architect is in breach or default under this Agreement;
4.1.2.2 Any part of such payment is attributable to services which are not
performed in accordance with this Agreement; provided, however, such payment shall be made
as to the part thereof attributable to services which were performed in accordance with this
Agreement;
4.1.2.3 Project Architect has failed to make payments promptly to consultants or
other third parties used in connection with the services for which the City has made payment to
Project Architect; or
4.1.3 No partial payment made hereunder shall be, or shall be construed to be, final
acceptance or approval of that part of the services to which such partial payment relates, or a
release of Project Architect of any of Project Architect's obligations hereunder or liabilities with
respect to such services.
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4.1.4 Project Architect shall promptly pay all bills for labor and material performed and
furnished by others in connection with the performance of the services.
4.1.5 The acceptance by Project Architect or Project Architect's successors of final
payment under this Agreement, shall constitute a full and complete release of the City from any
and all claims, demands, and causes of action whatsoever which Project Architect or Project
Architect's successors have or may have against the City under the provisions of this Agreement
except those previously made in writing and identified by Project Architect as unsettled at the
time of the final request for payment.
4.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
Payments on account of the Project Architect's Additional Services as defined in Paragraph
1.6 and for Reimbursable Expenses as defined in Article 5 shall be made monthly upon
presentation of the Project Architect's valid statement of services rendered or expenses incurred
approved by the City.
4.3 PAYMENTS WITHHELD
No deductions shall be made from the Project Architect's compensation on account of
liquidated damages or other sums withheld from payments to contractors, or on account of the cost
of changes in the Work other than those for which the Project Architect may be liable.
4.4 PROJECT SUSPENSION OR TERMINATION
If the Project is suspended or abandoned in whole or in part for more than two months, the
Project Architect shall be compensated for all services performed prior to receipt of written notice
from the City of such suspension or abandonment, together with Reimbursable Expenses then due.
If the Project is resumed after being suspended for more than two months, the Project Architect's
compensation shall be equitably adjusted but not decreased if, in the City's reasonable opinion,
such adjustment is warranted provided that the Project Architect shall be entitled to receive
sufficient compensation for all re- start-up costs and fees subject to the Project Architect providing
a breakdown of the re -start up costs and subject to the approval by the City.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic and Additional
Services and include actual out -of- pocket reasonable expenditures made by the Project Architect
and the Project Architect's employees and consultants incurred solely and directly in connection
with Project Architect's performance of its services hereunder for the following expenses:
5.1.1 Professional models and renderings included in Article 13.
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5.1.2 Reproductions, printing, binding, collating and handling of reports, and drawings
and specifications or other project- related work product, other than that used solely in -house for
Project Architect and its consultants, as required by Subparagraphs 1.3.4 and 1.3.5.
5.1.3 Shipping or mailing of all reports, drawings, specifications, and other items in
connection with the Project.
5.1.4 Expense of any additional insurance coverage or limits, excluding professional
liability and errors and omissions insurance required under Basic Services of this contract,
requested by the City in excess of that normally carried by the Project Architect and the Project
Architect's consultants.
5.2 The. City shall not pay a mark -up on such reimbursables. Architect shall submit receipts
for all reimbursable expenses along with any reimbursement request which shall be included
with the monthly invoices.
ARTICLE 6
PROJECT ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Additional Services and
services performed on the basis of a Multiple of Direct Salary Expense shall be kept on the basis of
Generally Accepted Accounting Principles and shall be available to the City or the City's
authorized representative at mutually convenient times for a period of at least three (3) years after
final completion of the Project. The City shall have the right to verify the details set forth in
Project Architect's billings, certificates, and statements, either before or after payment therefore,
by (1) inspecting the books and records of Project Architect during normal business hours; (2)
examining any reports with respect to this Project; (3) interviewing Project Architect's business
employees; (4) visiting the Project site; and (5) other reasonable action.
ARTICLE 7
OWNERSHIP AND USE OF DOCUMENTS
For purposes of this Article 7, the term "Project Documents" shall include all work
product given, disclosed, created, developed or prepared by the Project Architect or its
representatives or consultants in connection with the services provided by the Project Architect
pursuant to this Agreement and all derivative works thereof, including without limitation all
drawings and specifications, architectural documents and any and all tangible expressions of any
ideas or concepts, drawings, plans, schedules, specifications, architectural presentation drawings,
models, CAD data files, computer data, test data, survey results, models, perspective renderings,
sketches, architectural site plan views, reports, recommendations, analyses, and other
information, data, backup files and materials in any medium whether now in use or hereinafter
developed upon which such materials were prepared or stored, developed or prepared by the
Project Architect or its representatives or consultants in connection with its services hereunder.
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Notwithstanding anything contained in this Agreement to the contrary, all Project Documents,
and all title, ownership, copyrights and other proprietary rights pertaining thereto, including,
without limitation, the rights to use, copy, reproduce, display, modify and make derivatives
thereof, and all other common law, statutory and other reserved rights pertaining thereto, shall be
and remain the sole property of the Project Architect; provided, however, that the Project
Architect hereby licenses to the City, on a perpetual non- exclusive basis, the right to use the
Project Documents for the sole purpose of completing, repairing and refurbishing the Project
contemplated by this Agreement, which license shall be deemed automatically revoked upon the
City's failure to pay Project Architect any or all sums of money due and owing to Project
Architect pursuant to the terms of this Agreement on or before the due date(s) thereof.
ARTICLE 8
TERMINATION OF AGREEMENT
8.1 This Agreement may be terminated by either party upon thirty days' written notice should
the other party fail substantially to perform in accordance with its terms through no fault of the
party initiating the termination and such failure is not fully cured prior to the expiration of such
thirty day period; provided however, that the Project Architect may terminate this Agreement at
any time upon written notice to the City in the event that (a) any payments due and owing to the
Project Architect under this Agreement shall not be received by the Project Architect on or before
the due date of such payment, or (b) the project contemplated by this Agreement shall be
suspended or abandoned by the City for more than two consecutive months. Nothing contained
herein shall be construed so as to negate or otherwise limit the Project Architect's right to enforce
or exercise any or all other remedies available to the Project Architect under this Agreement or
applicable law in the event the City shall default in any of its obligations under this Agreement.
8.2 This agreement may be terminated by the City upon at least seven days' written notice to
the Project Architect in the event that the Project is to be temporarily or permanently abandoned.
8.3 In the event of termination of this Agreement by either party, the Project Architect shall be
compensated for all services satisfactorily performed to the termination date, together with
approved Reimbursable Expenses then due, provided Project Architect shall have delivered to the
City such statements, accounts, reports and other materials as required by Paragraph 8.5 below.
8.4 A termination under this Article 8 shall not relieve Project Architect or any of its
employees of liability for violations of this Agreement, or any gross negligent act, error or
omission of Project Architect. The provisions of Article 7 hereof shall survive the termination of
this Agreement.
8.5 As of the date of termination of this Agreement, Project Architect shall furnish to the City
all statements, accounts, reports and other materials as are required hereunder.
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ARTICLE 9
BASIS OF COMPENSATION
The City shall compensate the Project Architect for the Scope of Services provided, in
accordance with Article 4, Payments to the Project Architect, and the other Terms and Conditions
of this Agreement, as follows:
9.1 BASIC COMPENSATION
9. 1.1 The total Basic Compensation shall be established as follows:
9.1.1.1 For Basic Schematic Design Phase Services, as described in Article 1.1 for
the Schematic Design Phase the Project Architect shall be paid the lump sum fee of $86,800 to be
invoiced in monthly installments as per Article 4 of this Agreement.
9.1.1.2 For the total Basic Services as described in Article 1 (including the lump
sum fee for the Schematic Design Phase Services as per Article 9.1.1.1 above) and any other
service included in Article 13 as part of Basic Services Basic Compensation shall be a lump sum
amount equal to 7.2% the Construction Cost Limitation.
9.1.2 Payments for Basic Services shall be made as provided in Subparagraph 4.1.1, so
that Basic Compensation for each Phase shall equal the following percentages of the total Basic
Compensation payable:
Schematic Design Phase:
Lump Sum Fee as per Article 9.1.1.1
Design Development Phase:
40%
Construction Documents Phase:
75%
Construction Phase:
98%
Post construction administration:
100%
9.1.3 The City and the Project Architect agree in accordance with the Terms and
Conditions of this Agreement that if the scope of the Project or description of the Project
Architect's Services is changed materially, the amounts of compensation shall be equitably
adjusted.
9.2 COMPENSATION FOR ADDITIONAL SERVICES
9.2.1 FOR ADDITIONAL SERVICES OF THE PROJECT ARCHITECT AND
CONSULTANTS, as described in Paragraph 1.6, as part of Additional Services, Compensation
shall be computed as a pre - established lump sum amount.:
9.2.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional
structural, mechanical and electrical engineering services and those provided under Paragraph 1.6,
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as part of Additional Services, compensation shall be computed as described in 9.2.1 above for the
consultant.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The City and the Project Architect, respectively, bind themselves, their partners,
successors, assigns and legal representatives to the other party to this Agreement and to the
partners, permitted successors, assigns and legal representatives of such other party with respect to
all covenants of this Agreement. This Agreement is a personal service contract for the services of
Project Architect, and Project Architect's interest in this Agreement, duties hereunder and/or fees
due hereunder may not be assigned or delegated to a third party. The benefits and burdens of this
Agreement are, however, assignable by the City.
ARTICLE 11
EXTENT OF AGREEMENT
This Agreement supersedes all prior agreements, written or oral, between Project Architect
and the City and shall constitute the entire Agreement and understanding between the parties with
respect to the subject matter hereof. This Agreement and each of its provisions shall be binding
upon the parties and may not be waived, modified, amended or altered except by a writing signed
by the City and Project Architect.
ARTICLE 12
MISCELLANEOUS PROVISIONS
12.1 Captions. The captions of paragraphs in this Agreement are for convenience only and shall
not be considered or referred to in resolving questions of interpretation or construction.
12.2 Governing Law. This Agreement and all of the rights and obligations of the parties and all
of the terms and conditions under this Agreement shall be construed, interpreted and applied in
accordance with and governed by and enforced under the laws of the State of Florida.
12.3 Waivers. No delay or omission by either of the parties hereto in exercising any right or
power accruing upon the non - compliance or failure of performance by the other party hereto of any
of the provisions of this Agreement shall impair any such right or power or be construed to be a
waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions or
agreements hereof to be performed by the other party hereto shall not be construed to be a waiver of
any subsequent breach thereof or of any other covenant, condition or agreement herein contained.
12.4 Severability. In case any provision hereof shall, for any reason, be held invalid or
unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision
Page 23 of 36
hereof, and this Agreement shall be construed as if such invalid or unenforceable provision had not
been included herein.
12.5 Independent Contractor. Project Architect recognizes that Project Architect is engaged as
an independent contractor and acknowledges that the City shall have no responsibility to provide
Project Architect or its employees with transportation, insurance or other fringe benefits
normally associated with employee status. Project Architect, in accordance with Project
Architect's status as an independent contractor, covenants and agrees that Project Architect shall
conduct Project Architect's Services consistent with such status, that Project Architect will
neither hold Project Architect out as nor claim to be an officer, partner, employee or agent of the
City by reason hereof, and that Project Architect shall not make any claim, demand or
application to or for any right or privilege applicable to an officer, partner, employee or agent of
the City, and that Project Architect shall not make any claim, demand or application to or for any
right or privilege applicable to an officer, partner, employee or agent of the City, including, but
not limited to, unemployment insurance benefits, social security coverage or retirement benefits.
Project Architect hereby agrees to make Project Architect's own arrangements for any of such
benefits as Project Architect may desire and agrees that Project Architect is responsible for all
income taxes required by applicable law.
12.6 Hold Harmless, Indemnification and Waiver of Liability. The Project Architect shall not
commence work on this Agreement until he /she has obtained all insurance coverage required by the
City. The Project Architect shall defend, indemnify and save the City harmless from any claims,
liability, losses and causes of actions, arising out of a willful or unlawful act(s), or any gross
negligent act(s) error or omission(s), of the Project Architect or his/her subconsultants, incident to
the performance of the Project Architect's professional services under this Agreement.
In reviewing, approving or rejecting any submissions or acts of the Project Architect or
his/her subconsultants, the City does not assume or share any of the responsibility or liability for the
Project Architect or his/her subconsultants, the registered professional (architects and/or engineers)
under this Agreement.
Pursuant to the provisions of Florida Statute Section 725.06, the parties agree that 1% (one
percent) of the contract price represents specific consideration to the Project Architect for the
indemnification set forth in this contract. The Project Architect, in consideration of the foregoing,
agrees to indemnify the City for any damages to persons or property caused in part or in whole by
any act, omission, or default of the Project Architect arising from the contract or its performance.
Pursuant to the requirements of Section 725.06, the limit of such indemnification shall be one (1)
million dollars.
12.7 Codes, Ordinances and Laws. The Project Architect agrees to abide and be governed by all
duly promulgated and published Federal, State, County, and City codes, ordinances and laws in
effect at the time of design which have a direct bearing on the work involved on this project. The
Project Architect is required to complete Public Entity Crimes Affidavit form (attached) pursuant to
Florida Statute 287.133(3)(a).
Page 24 of 36
12.8 Notices. All notices, consents, approvals, demands, requests or other communications
provided for or permitted to be given under any of the provisions of this Agreement shall be in
writing and shall be deemed to have been duly given or served when delivered by hand delivery or
when deposited in the U.S. mail by registered or certified mail, return receipt requested, postage
prepaid, and addressed as follows:
(1) If to the City: Charles Scurr,
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
(2) With Copies to: Earl G. Gallop,
City Attorney
City of South Miami
Nagin Gallop Figueredo, P.A.
3225 Aviation Avenue, Third Floor
Miami, Florida 33133
Mark Richman
Mark Richman Properties, Inc.
18500 NE 5"' Avenue
North Miami Beach, FL 33160
(3) If to Project Architect: Bernardo Fort- Brescia,
Principal
Arquitectonica International Corporation
550 Brickell Avenue, Suite 200
Miami, Florida 33131
(4) or to such other person or address as may be given in writing by either parry
to the other in accordance with the aforesaid.
12.9 Attorneys' Fees. In the event an arbitration, lawsuit, action or other proceeding is
brought by any party under this Agreement to enforce any of its terms, or in any appeal
therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorneys' fees to
be fixed by the arbitrator, trial court, and /or appellate court as the case may be.
12.10 Waiver of Consequential Damages. The City and the Project Architect hereby waive
claims against each other for consequential damages arising out of or relating to this Agreement.
This mutual waiver includes, without limitation: (a) damages incurred by the City for rental
expenses, for losses of use, income, profit, financing, business and reputation, and for loss of
management or employee productivity or of the services of such persons; and (b) damages
incurred by the Project Architect for principal office expenses including the compensation of
personnel stationed there, for losses of financing, business and reputation, and for loss of profit
Page 25 of 36
except anticipated profit arising directly from the Basic Services to be provided by the Project
Architect hereunder.
12.11 The Project Architect shall not be required to proceed from one Design Phase to the next
until the City has provided written approval of the Documents produced during the preceding
Phase. Notwithstanding the foregoing, if the City's approval has not been communicated to the
Project Architect within fifteen (15) business days after the Project Architect's presentation at the
completion of any Phase the Project Architect may, at its discretion, proceed with the next Phase in
order to maintain the Schedule. Material revisions to Documents which are necessary because of
the City's failure to provide timely comments or approvals after the Project Architect's presentation
at the end Phase shall be charged to the City as an Additional Service.
12.12 The Project Architect shall have no responsibility for or liability in connection with the
discovery, presence, handling, containment, removal or disposal of or exposure of persons to
asbestos, asbestos products, poluchlorinated biphenyl (PCB) or other toxic substances
(collectively, "Hazardous Materials ") in any format the Project site. If the Project Architect
encounters or otherwise becomes aware of the presence of Hazardous Materials, the Project
Architect shall notify the City immediately, orally and in writing of the condition. The City shall
thereafter engage properly qualified experts and contractors to evaluate the Hazardous Materials
and provide for their removal or containment. The City shall indemnify, hold harmless and
defend the Project Architect and its employees and consultants from any claims, causes of action,
costs or expenses, including attorneys fees, arising out of or relating to the presence of
Hazardous Materials at the Project site. The provisions of this paragraph shall survive
termination of this Agreement.
12.13. The Project Architect shall not be responsible for delays resulting from: (1) acts,
omissions to act, or failure to act in a timely manner by the City, the Construction
Manager /Contractor, subcontractor and their respective agents and employees; (2) "Force
MajeurelEvents" which shall include, but not be limited to, acts of God; strikes, lockout or other
labor disturbances; civil unrest; embargoes; shortage or unavailability of materials or labor; and
unforeseen changes in applicable laws or regulations; (3) any other matters beyond the
reasonable control of the Project Architect. In such an event, the Schedule may be adjusted by
agreement of the parties to compensate for the effect to such delays.
12.14 The City agrees to include in the Construction Contract a provision obligating the
Construction Manager /Contractor to indemnify, hold harmless and defend the Project Architect
from and against all claims, causes of action, damages and expenses, including attorneys fees,
arising out of injury or death to persons or damage to property to the extent caused by acts or
omissions of the Contractor, its subcontractors, suppliers and any one for whose acts they may be
held legally responsible.
12.15 If the City is required to provide any approval under this Agreement, such approval shall
only apply to the City's proprietary capacity as a party to this Agreement and shall not be
construed as a regulatory approval in the City's capacity as a municipality.
Page 26 of 36
12.16 The Project Architect's liability to the City for claims arising out of the Architect's
services in connection with any Project shall not exceed the amount of the Architect's policy
limits as set forth in Exhibit 3 of this Agreement.
12.17 Prior to the release of any electronic files of the Project Architect's instruments of
services to the City and any of its consultants or named parties, the City shall sign a Drawing
Release Letter the format of which is set forth in Exhibit 5, attached hereto.
ARTICLE 13
OTHER CONDITIONS OR SERVICES
The City and Project Architect hereby agree to the full performance of the covenants contained
herein.
13.1 The Project Architect's Basic Services are those services described in paragraphs 1.1
through 1.5 for which compensation is provided as Basic Compensation in this Agreement and
shall include:
a.
Architectural Services
b.
Landscape Architectural Services
C.
Civil Engineering Services
d.
Structural Engineering Services
e.
Mechanical Engineering Services
f.
Electrical Engineering Services
g.
Plumbing Engineering Services
h.
Parking Consultant
i.
Cost Estimator /Scheduler
13.2 The Project Architect shall submit documents to the City for review at completion of the
Schematic Design Phase, Design Development Phase and at the following stages of completion
of the Construction Documents Phase as follows:
Schematic Design: 75% and 100% submittals
Design Development: 75% and 100 % submittals
Construction Documents: 50 %, 75 %, 95% and 100% submittals
13.2.1 The Project Architect shall submit construction cost estimates as described in
Article 1.0.11 at completion of the Schematic Design Phase, Design Development Phase and at
the following stages of completion of the Construction Documents Phase:
Schematic Design: 75% and 100% submittals
Design Development: 75% and 100% submittals
Construction Documents: 50%,75%,95% and 100% submittals
Page 27 of 36
13.3 The Project Architect, at its expense, shall furnish and deliver to the City for the City's
review, the following number of sets of documents, with the cost and expense of any additional
requested sets or sets larger than those estimated below to be reimbursed as per Article 5:
Schematic Design: 4 sets for 75% and 100% submittals
Design Development: 4 sets for 75% and 100% submittals
Construction Documents: 4 sets for 50 %, 75 %, 95% and 100 % submittals
The four sets shall be distributed as per the following:
City will receive 2 sets.
-Mark Richman will receive 1 set.
Construction Manager will receive 1 set.
IN WITNESS WHEREOF, the City and Project Architect have executed and delivered this
Agreement as a sealed instrument as of the date first above written.
OWNER: PROJECT ARCHITECT:
CITY OF SOUTH MIAMI ARQUITECTONICA INTERNATIONAL
CORPORATION
By:
Name: Charles Scurf,
Title: City Manager
Page 28 of 36
By:
Name: Bernardo Fort- Brescia
Title: Principal
JOINDER
The undersigned properly owner MRP Properties, Inc. the adjacent property owner who
will participate in and benefit from the design and development of the Parking Structure on the
City owned and adjacent property agrees to be bound by the terms and conditions of this
Agreement pertaining to the services to be provided by the Project Architect.
MRP PROPERTIES, INC.
Mark Richman
Page 29 of 36
EXHIBIT l
PROJECT NEEDS DESCRIPTION
Four story structure
2. Parking and retail on the ground floor.
3. Parking on the second, third, and fourth floors and the roof.
4. a) Retail Bays should be laid out and dimensioned in a manner so as to delineate the
two property ownership.
b) There will be approximately 9,000 square feet of retail space on the MRP property
and 11,345 square feet on the City property.
c) The retail space should have 14 feet of clear space to the underside of structure.
d) Bays will have individual electric, plumbing, life- safety provisions and air
conditioning.
5. At the rear of the retail building there will be a sidewalk, between the rear wall and
the parking spaces, providing access to the rear doors of the retail bays.
6. There will be approximately 350 to 400 parking spaces.
a) The parking floors should have a minimum of 8 feet of clear space, clear of light
fixtures, sprinklers, etc.
b) All dimensional requirements including turning radii must be generous to provide a
user - friendly garage.
c) Parking will be metered or decaled.
d) Parking levels should be open, airy and well lit.
e) Adequate security measures should be incorporated in the floor plan.
7. Accommodations will be made for delivery trucks.
8. There will be a common trash room for the building.
9. There will be common functional exterior lighting for the building.
Page 30 of 36
EXHIBIT 2
PROJECT DESCRIPTION AND TIME FRAMES
To be confirmed in writing at the completion of the Schematic Design Phase by mutual
agreement of the City and the Project Architect
Page 31 of 36
EXHIBIT 3
SCHEDULE 1
Types of required insurance.
Project Architect shall procure and maintain the following:
Commercial General Liability Insurance $1,000,000 per occurrence.
Umbrella Liability Insurance $3,000,000.
Professional Liability (Errors and Omissions) $1,000,000
Workman's Compensation In compliance with Fla. Stat. § 440.
Employer's Liability Insurance $500,000
* All policies shall be written by insurance companies that have a best's rating of B+ or better
Page 32 of 36
EXHIBIT 4
NAMES OF SENIOR PRINCIPAL AND PROJECT TEAM MANAGER
NAMES OF PROJECT ARCHITECT'S CONSULTANTS
STANDARD BASIC SERVICE CONSULTANTS:
- Project Architect: Arquitectonica International Corporation (ARQ):
- Principal -in- Charge: Bernardo Fort- Brescia, FAIA
- Project Team Manager: Anne Cotter, AIA
- Project Design Architect: Jenifer Briley, AIA
- Structural Engineer: Donnell Duquesne Albaisa, P.A.
- Mechanical /Electrical /Plumbing /Life - Safety Engineer: Tilden Lobnitz Cooper
-Civil Engineer: Consul -Tech Engineering, Inc.
- Traffic Engineer:
Consul -Tech Engineering, Inc.
- Landscape Architect:
Curtis & Rogers Design Studio, Inc.
- Parking Consultant:
Walker Parking Consultants
-Cost Estimator /Scheduler: Hanscomb Inc
Page 33 of 36
Re:
Gentlemen:
EXHIBIT 5
ADDITIONAL SERVICES PROPOSAL FORM
20
Please refer to the Agreement dated 20 between
(the "City ") and the undersigned ( "Project Architect ") as
amended to the date hereof (such agreement as so modified and amended being hereafter called
the "Agreement ") pursuant to which Project Architect is to perform certain services. The terms
which are defined in the Agreement shall have the same meanings when used in this letter.
1. The City has requested the performance of the services described below which
Project Architect deems to be Additional Services.
(Description of Services.)
2. Project Architect agrees to perform the Additional Services described above
subject to and in accordance with the terms and provisions of the Agreement for a fee which will
be determined in accordance with the Agreement but which will not exceed
Dollars ($ ) and for reimbursement of expenses
in accordance with the Agreement incurred solely in connection with the performance of such
Additional Services, but which reimbursement for expenses will not . exceed
Dollars ($ ).
3. Project Architect will perform the services in accordance with any
attached hereto (attach schedule if applicable), but in any event not later than
( ) days after Project Architect is authorized to proceed.
Page 34 of 36
schedule
If the foregoing is acceptable to you, please so execute by signing the enclosed copy of
this letter at the space provided for this purpose and by inserting the date upon which Project
Architect is authorized to commence performance of the Additional Services described in
Paragraph 1 above.
Sincerely yours,
[PROJECT ARCHITECT]
By:
Name:
Title:
Accepted this day of , 20 _. Project
Architect is authorized to commence performance of the Additional Services on , 20
CITY OF SOUTH MIAMI
By:
Name:
Title:
Page 35 of 36
EXHIBIT 6
DRAWING RELEASE FORM
(Date)
Mr. Charles Scurf, City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: The City of South Miami Parking Garage and Retail Development
Electronic Drawing File Distribution ( "drawings ")
(Recipient of files)
Dear Mr. Scurr:
You requested on the behalf of (recipient), the release of the following electronic architectural drawing
files: Q. These "drawings" will be sent via e -mail.
It is acknowledged that these "drawings" are not meant to be used as Contract Documents. Accordingly,
while the City of South Miami may use these "drawings" solely in connection with the City of South
Miami Parking Garage project, ARQ takes no responsibility for their accuracy or completeness.
The City of South Miami recognizes that changes or modifications to ARQ's instruments of professional
service introduced by anyone other than ARQ may result in adverse consequences in which ARQ can
neither predict nor control. Therefore, and in consideration of ARQ's agreement to deliver its "drawings"
in machine readable form, the City of South Miami agrees to the fullest extent permitted by law to hold
harmless indemnify ARQ from and against all claims, liabilities, losses, damages, and costs
including, but not limited to attorneys' fees arising out of or in any other way connected with the
modifications, misinterpretation, use, misuse, or reuse by the contractor or other of the "drawings"
provided by ARQ under this agreement. The foregoing indemnification applies, without limitation, to
any use of the project documentation on other projects, for additions to this project or for completion of
this project by others, excepting only such use as may be authorized, in writing, by ARQ.
These "drawings" may be distributed by the City of South Miami only to (recipient). Prior to distribution
to other subcontractors /consultants of the City of South Miami Parking Garage project, the City of South
Miami shall notify ARQ in writing. The City of South. Miami shall bind all
subcontractors /consultants /suppliers to whom it shall provide these "drawings" to all of the conditions set
forth herein.
ARQ retains full ownership and copyright of the attached "drawings" and ARQ's making these
"drawings" available to the City of South Miami's or the City of South Miami's consultant is in no way
intended to diminish any of ARQ's ownership rights. These "drawings" are furnished solely for use by
the City of South Miami and the designated consultants of the City of South Miami Parking Garage
project and the information contained in these "drawings" may not be used or reproduced on any other
projects or for any other purposes without ARQ's prior written consents.
Sincerely,
Anne Cotter
Project Manager
City of South Miami Date:
Page 36 of 36
CITY OF SOUTH MIAMI
i
INTER- OFFICE MEMORANDUM
- To: Mayor and City Commission Date: March 29, 2002
From: Charles D. Scurr Re: AGENDA ITEM #
City Manager G Commission meeting April 2, 2002
Funding for the 73rd, Street
Retail and Parking Garage facility
REQUEST
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 73 RD STREET RETAIL
AND PARKING., GARAGE CONSTRUCTION FUNDS, AUTHORIZING THE
NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO
EXCEED $8,000,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL;
APPROVING THE EXECUTION AND DELIVERY OF A LOAN
AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL;
APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE
AGREEMENT; APPROVING ` THE EXECUTION AND DELIVERY OF A
DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION WITH THE MAKING OF SUCH LOAN; AND PROVIDING
AN EFFECTIVE DATE.
BACKGROUND & ANALYSIS
On November 19,' 2001, the City approved a Lease Agreement with Mark Richman Properties, Inc. for
the development of a mixed-use_ parking garage with retail space on 73`a Street in downtown South_
Miami. January 22, 2002, the City approved the selection of Arquitectonica to design the facility. Since
that time a series of meetings have been held with the architects, developers and lending institutions.
The City is now prepared to go forward with the revenue bond financing envisioned for the project. The
City will be using the Florida League of Cities Municipal Loan Pool. This is the same source used for
the Murray Park financing.
The most current estimate for the project is $7,575,000 with the breakdown as follows:
Building Shell' 20,000 square feet @ $50.00 /sq. ft. $1,000,000
Parking Spaces - 350 spaces @ $10,000.00 /space 3,500,000
Site Work preparation' 500,000
Architectural and Engineering (10.0 %) 500,000
Construction Manager at Risk ( 1.5 %) 75,000
Testing. Inspections, etc. 100,000
Revenue Loss to the City of South Miami 150,000
Richman Refinancing 1,000,000
Contingency- City of South Miami 250,000
Contingency = Richman 500,000
Total 7,575,000
It should be noted that the proposed facility would include approximately 350 parking spaces. Earlier
discussions had focused on 250 spaces with the ability to add additional levels of parking at a future date.
It has become clear that the addition of spaces in the future would be impractical and very expensive and
II
would probably require closing the facility during the construction period. It is, therefore, recommended
that one additional level of parking be added at this time, bringing the total spaces to 350. This will
accommodate a comfortable level of future demand. The height of the facility will be well under the 56-
foot height limit. The City Attorney's office has prepared revised financial projections (Attached).
The ordinance before you is requesting approval for an open- amount not to exceed $8,000,000 to allow
for any additional funds that might be needed for the construction and avoid the delay in obtaining the
funds when needed.In order to take advantage of the lower interest rate available through the source the
City administration is recommending, we will be applying for the full amount of the construction cost.
However; the City will be responsible for approximately $4,4000,000 $5,000,000 of this amount and
Mr. Richman will be responsible for the remaining amount.
It is recommended that the City proceed in obtaining the construction funds from the Florida Municipal
Loan Council. This is the same agency that is funding the construction of the multi - purpose center phase
IL This council administers a loan program with variable rate revolving loan pool uniquely designed for
Florida local governments. Funding for the program is through a AAA rated tax - exempt bond issue
administered by the Florida League of Cities on behalf of local governments in order to achieve better
economies of scale. The program was created pursuant to Chapter 163, part 1, of Florida State statutes,
for the purpose of issuing the bonds. Some of the advantages of using this funding source include:
I'
a) Pre- payment of loan on a 30 -day notice, without penalty. The City gets the benefit of long -term
tax exempt funding with a short pre- payment option.
b) Substantially lower cost of financing than traditional financing alternatives.
c) Historically lower rate of interest compared to other fixed rates financing instruments.
Because of the IRS rules and regulations, the portion of the loan amount pertaining to retail operations
will be taxable and the parking garage non - taxable.
The attached ordinance authorizes the City Manager to enter into an agreement with the Florida
Municipal Loan Council on behalf of the City to obtain funding in the maximum amount of $8,000,000.
The repayment of the loan will be from Mr. Richman's payments to the City and revenues from parking
garage operation.
Approval of the ordinance will allow the City to stay on schedule and move into design and construction.
Approval is recommended
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1 ORDINANCE NO
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
4 OF SOUTH MIAMI, FLORIDA, RELATING TO 73RD STREET RETAIL AND
5 PARKING GARAGE CONSTRUCTION FUNDS, AUTHORIZING THE
6 NEGOTIATION OF A LOAN IN AN AGGREGATE AMOUNT NOT TO
7 EXCEED $8,000,000 FROM THE FLORIDA MUNICIPAL LOAN COUNCIL;
8 APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT
9 WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE
10 EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT;
11 APPROVING THE EXECUTION AND DELIVERY OF A DISCLOSURE
12 AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION
13 WITH THE MAKING OF SUCH LOAN; AND PROVIDING AN EFFECTIVE
14 DATE.
15
16 WHEREAS, participating governmental units (the "Members ") have created the Florida
17 Municipal Loan Council (the "Council ") pursuant to a certain Inter -local Agreement and pursuant to
18 Chapter 163, Part I, Florida Statutes, for the purpose of issuing its bonds to make loans to
19 participating governmental units for qualified projects; and
20
21 WHEREAS, the City of South Miami, Florida, a municipal corporation, is duly created and
22 existing pursuant to the Constitution and laws of the State of Florida (the "State "); and
23
24 WHEREAS, the City finds and declares that there is a substantial need for the financing or
25 refinancing of qualifying projects permitted by Florida Statutes and the State Constitution; and
26
27 WHEREAS, the City possesses the ability to finance such projects on its own, but has
28 determined that a pooled financing program involving a limited number of local governmental units
29 which regularly undertake projects requiring significant debt financing within the State of Florida
30 would provide for low cost financing or refinancing of such projects through economies of scale,
31 administrative support and access to expertise in accessing the capital markets; and
32
33 WHEREAS, it is anticipated that the benefits of a pooled financing by the City with a limited
34 number of governmental units through the Florida Municipal Loan Council may be obtained through
35 promises to repay loans under the program and supported by >a general covenant to budget and
36 appropriate for such purpose, by a;specific pledge of taxes or revenues or by a general obligation; and
37
38 WHEREAS, by pooling the respective financial needs of these certain various local
39 governmental units, the City will be able to access additional markets and expects to receive the
4o benefits of lower interest rates on more favorable terms associated with such a large scale financing
41 with such benefits being obtained for and inuring to the City; and
42
43 WHEREAS, the Council is in the process of issuing its Florida Municipal Loan Council
44 Revenue Bonds, Series 2001A (the "Bonds ") and is seeking to make loans (the "Loans ") to
45 governmental units; and
46
47 WHEREAS, it is hereby determined that a need exists to borrow funds to finance the
48 acquisition, development, and construction of a mixed -use facility of retail and parking garage in the
49 downtown business district as previously approved by the City Commission; and
50
51 WHEREAS, it is determined to be in the best interest of the City to borrow funds from the
52 Council from the proceeds of the Bonds to finance the cost of the Project.
53
54 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
55 OF THE CITY OF SOUTH MIAMI, FLORIDA as follows:
56'
57 SECTION 1. AUTHORITY. This Ordinance is adopted pursuant to Chapter 166, Florida
58 Statutes and other applicable provisions of law.
59
60 SECTION 2. PROJECT. The refinancing and /or financing of the construction of the
61 parking garage and retail facility is hereby approved.
62
63 SECTION 3. NEGOTIATED LOAN, Due to the complicated nature of the financing and
64 the ability of the Council to access additional markets and for the City to receive the benefits of lower
65 interest rates and issuance costs, it is hereby determined that it is in the best interest of the City that
66 the Loan to the City be made from the proceeds of the Bonds, as opposed to the City borrowing
6'7 funds pursuant to a public sale.
681
69 SECTION 4. LOAN AMOUNT. The amount of the Loan of the City evidenced by the
7'o Loan Agreement shall not exceed $8,000,000. Such Loan shall be made at a discount which shall
71 include a pro -rata portion of costs of issuance incurred by the Council together with a pro -rata
72 portion of a reserve fund surety cost and the League of Cities administrative fees and other ongoing
73 costs and shall bear interest and shall be repayable according to the terms and conditions set forth in
74 the Loan Agreement authorized pursuant to Section 5 hereof with such changes, insertions and
75 omissions as may be approved by the City Manager. The redemption provisions, if any, relating to
76 such Loan shall be as provided in the Loan Agreement.
77
78 SECTION 5. AUTHORIZED OFFICERS. The City Manager is hereby authorized and
79 directed to execute and deliver a Loan Agreement to evidence the Loan, to be entered into by and
80 between the City and the Council.
81
82 Further, the City Manager is hereby authorized and directed to execute and deliver a
83 Continuing Disclosure Agreement concerning compliance with existing or proposed rules of the
84 Securities and Exchange Commission concerning continuing disclosure by the City, to be entered into
85 by and between the Underwriter, the City and the Council.
86
87 SECTION 6. RATES. The City Manager is hereby authorized to approve the final rates of
88 interest on the Bonds, and the redemption provisions thereof, if any, on behalf of the Borrower. The
2
1 City Manager is hereby authorized and directed to execute and deliver a Bond Purchase Agreement,
2 to be entered into by and between the Underwriter, the City and the Council.
3
4 SECTION 7. INDENTURE. The City hereby acknowledges and consents to the Bonds
5 being issued pursuant to a Trust Indenture (the AIndenture_) to be executed by the Council and a
6 bank or trust company to be selected as Trustee, by the Council.
8 SECTION 8. OTHER INSTRUMENTS. The City Manager is hereby authorized and
9 directed to execute any and all certifications or other instruments or documents required by this
10 Resolution, the Loan Agreement, the Trust Indenture or any other document required by the Council
11 as a prerequisite or precondition to making the Loan (including but not limited to the execution of all
12 tax documents relating to the tax - exempt status of the Loan), and any such representations and
13 agreements made therein shall be deemed to be made on behalf of the City. All action taken to date
1,4 by the City Manager in furtherance of the issuance of the Bonds and the making of the Loan is hereby
18 approved, confirmed and ratified.
16
1' :7 SECTION 9. ADDITIONAL INFORMATION. The Loan Agreement shall not be
18 executed and delivered unless and until the City has received all information required by Section
1,9 218.385, Florida Statutes.'
210
211 SECTION 10. ADDITIONAL TERMS. Pursuant to subsequent resolution, the City may
212 establish such additional terms as it may so determine to be in the best interests of the City.
2'3
24 SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its
25 adoption.
26
27 PASSED AND ADOPTED this day of 12002.
28
29
3o ATTEST: APPROVED:
31
32 CITY CLERK MAYOR
33
34 READ AND APPROVED AS TO FORM:
35
36 CITY ATTORNEY
3
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
.Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 4 /16/2002
in the XXXX Court,
was published in said newspaper in the issues of
04/05/2002
Affiantfurther says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of 'the
attached copy of advertisement; and affiant further says that she
has neither paid nor promised any person, firm or corporation
any discount, r ate, co ' slo or refund for the purpose
of securing t s apv� ." ent for Publication in the said
Sworn t and subs ed before me//
05 AP A.6
(SEAL)
=NOTARY RY SEAL O.V. FERBEYRE perso ally knoRENA NOTARE OF FLORIDA C'O. CC 91295E M Y COP. NE 2S;20o4
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI RELATING TO CHARTER
AMENDMENT; PRESENTING ALTERNATIVE INITIATIVE
QUESTIONS TO LIMIT BUILDING HEIGHT AND DENSITY TO THE
ELECTORATE OF THE CITY AT A SPECIAL ELECTION JUNE 18,
2002; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Miami -Dade County Supervisor of Elections
certified a petition to amend the Charter for the City of South Miami on
January 11, 2002; and,
WHEREAS, pursuant to section 5.03 of the Home Rule Charter of
Miami -Dade County the city commission shall, within 120 days after the
certification of the petition, draft a resolution for presenting the initiative
question to the voters and schedule a special election on the question not less
that 60 days and not more than 120 days from the date the draft is submitted;
and,
WHEREAS, pursuant to 'section 9 -1.1 of the City of South Miami Code of
Ordinances, a public hearing shall be held not less than 60 days before the
election and copies of the proposed amendment shall be made available to
the public less than 30 days before the election; and,
WHEREAS, this resolution is presented to the regularly scheduled meeting
of the City Commission of the City of South Miami on April 16, 2002.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The following alternative questions shall be submitted
to the electors of the City of South Miami at the next special election:
The City Commission and a public interest group have proposed alternative
ballot questions to amend the City Charter to limit building height and
density. You may approve one, but only one, of the following three
questions.
Title; QUESTION 1: LIMITATION ON BUILDING HEIGHT
AND DENSITY.
SHALL THE MAXIMUM BUILDING HEIGHT FOR
DEVELOPMENT CONTINUE TO BE GOVERNED BY THE SOUTH
MIAMI COMPREHENSIVE PLAN AND THE LAND DEVELOPMENT
CODE AND CONTINUE TO REQUIRE WRITTEN NOTICES, PUBLIC
ADVERTISING, PUBLIC HEARINGS AND A SUPER- MAJORITY
VOTE OF THE CITY COMMISSION, AND SHALL COMPREHENSIVE
PLAN CHANGES CONTINUE TO REQUIRE APPROVAL BY THE
STATE OF FLORIDA?
YES
Summary: If the question is approved by a majority of the voters voting at the special
election, the Charter of the City shall not be changed. Under existing law, any increase in
building height or density shall require written notice to surrounding property owners,
pubic advertisement, one public hearing before the Planning board and two pubic hearing
before the City Commission, and a 4/5 vote of the City Commission. Comprehensive
plan changes shall also require approval by the State of Florida: as provided by state
statute.
OR
Title: QUESTION 2: LIMITATION ON BUILDING HEIGHT
AND DENSITY.
SHALL THE CITY CHARTER BE AMENDED TO PROVIDE
THAT NO DEVELOPMENT IN THE CITY SHALL EXCEED THE
HOMETOWN PLAN MAXIMUM BUILDING HEIGHT OF FOUR
STORIES, EXCEPT FOR THOSE PROPERTIES IN THE TRANSIT
ORIENTED DEVELOPMENT AND HOSPITAL DISTRICTS THAT ARE
CURRENTLY ZONED TO PERMIT UP TO EIGHT STORIES, AND
SHALL NON- RESIDENTIAL DEVELOPMENT ADJACENT TO
SINGLE FAMILY ZONES BE REQUIRED TO
[City commission must chose one of A or B]
[A.] PROVIDE AN ADEQUATE BUFFER [or]
[City commission must chose one of 50, 75, or 100 feet]]
[B.] BE LIMITED TO TWO STORIES FOR A DISTANCE OF [50,
75, or 100] FEET FROM THE RESIDENTIAL PROPERTY LINE
AND SHALL Any increase in THESE height LIMITS shall be
subject to a vote of the electors of South Miami.?
YES
Summary: If the question is approved by a majority of the voters voting at the special
election, article VI, of the City Charter, "General Provisions," shall be amended to add
paragraph 14 to read as provided in the ballot question.
1'
Title: QUESTION 3. LIMITATION ON BUILDING HEIGHT AND DENSITY.
SHALL THE CITY CHARTER BE AMENDED TO PROVIDE
THAT Effective February 13, 2002, all property within the City of South
Miami shall retain its height and density as measured by units per acre for
residential and floor area ratio for commercial areas, as of that date.
However, no building shall exceed FOUR stories or 50 feet in height; except
that any development adjacent to (including across any street from) single -
family zoned residential property may not exceed TWO stories or 25 feet in
height? Any increase in height or density as defined above shall be subject to
a vote of the electors of South Miami.
YES
Summary: If the question is approved by a majority of the voters voting at the special
election, article VI, of the City Charter, "General Provisions," shall be amended to add
paragraph 14 to read as provided in the ballot question.
Section 2. The special election is scheduled for June 18, 2002. If
a majority of voters voting in the election approve any amendment to the
charter, all provisions of the charter, the land development code and the code
of ordinances in conflict shall be repealed.
Section 3. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 16th day of April, 2002.
ATTEST: APPROVED:
CITY CLERK MAYOR
COMMISSION VOTE
READ AND APPROVED AS TO FORM: Mayor Robaina:
Vice Mayor Russell:
Commissioner Wiscombe:
CITY ATTORNEY Commissioner Bethel:
Commissioner Feliu:
i