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HomeMy WebLinkAboutPre-Resolution SEOPW - CRASEOPW/CRA ITEM 11-B RESOLUTION NO . cSE O Ptn.��C'_e4-- G / ((j 5 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") MODIFYING SEOPW/CRA RESOLUTION NO. 01-51 AND AUTHORIZING THE EXECUTIVE DIRECTOR TO COMPENSATE CONSULTANTS, FOR PERFORMANCE OF PART OF THE SCOPE OF SERVICES DESCRIBED IN EXHIBIT A, IN THE FOLLOWING RESPECTIVE AMOUNTS: (1) DOVER, KOHL & PARTNERS - $393,000; (2) HOLLAND & KNIGHT, LLP - $45,000; (3) WALLACE, ROBERTS & TODD, LLC - $5,000; (4) RICHARD JUDY AND GUILLERMO OLMEDILLO - $78,800; (5) THE CENTER FOR URBAN TRANSPORTATION RESEARCH - $20,000; (6) TOM GUSTAFSON - $5,000; (7) ZHA - $55,000; (8) CIVIL-CADD - $6,000; AND (9) NEIL HALL - $6,000 . WHEREAS, the City of Miami approved and adopted the CRA Redevelopment Plan pursuant to Resolution Nos. 82-755 and 85- 1247 (the "Redevelopment Plan") and WHEREAS, the CRA is responsible for carrying out community redevelopment activities and projects in the CRA Redevelopment Area established pursuant to the Redevelopment Plan; and WHEREAS, SEOPW/CRA Resolution No. 01-51, as modified, authorized the CRA to enter into a contract with Dover for the provision of professional services in connection with: a) design of the Grand Promenade as sub -consultant to Civil Cadd; b) planning services in connection with the CRA property located along Biscayne Boulevard; c) coordination of the on -going transportation project with the Downtown Development Authority and the Metropolitan Planning Organization; d) update of the SEOPW Redevelopment Plan for the Redevelopment Area; and e) consideration of the creation of a third Redevelopment Area; and WHEREAS, the CRA desires to compensate Dover, Kohl & Partners and other consultants for services provided. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incozporated herein as if fully set forth in this Section. Section 2. The Board of Directors modifies SEOPW/CRA Resolution No. 01-51 and authorizes the Executive Director to compensate consultants, for the performance of part of the scope of services described in Exhibit A, in the following respective amounts: (1) Dover, Kohl & Partners - $393,000; (2) Holland & Knight, L,LP - $45,000; (3) Wallace, Roberts & Todd, LLC - $5,000; (4) Richard Judy and Guillermo Olmedillo - $78,800; (5) The Center For Urban Transportation Research - $20,000; (6) Tom Page 2 of 3 Gustafson - $5,000; (7) ZHA - $55,000; (8) Civil-Cadd - $6,000; and (9) Neil Hall - $6,000. Section 3. The Executive Director is directed to seek additional funding for the project and is authorized to issue the necessary work orders to proceed with the project. Section 4. The Resolution shall be effective upon its adoption. PASSED AND ADOPTED on this 30th day of July, 2001. ATTEST: WALTER J. FOEMAN CITY CLERK ARTHUR E. TEELE, JR., CHAIRMAN This item has been legally adopted and can be certified, notwithstanding the absence of the then presiding Chair's signature and attestation by the Clerk of the Board. APPROVED A •"S FARM AND CORRECTNESS: O VILARELLO CIT ATTORNEY Page 3 of 3 RESOLUTION NO. SEOPW/CRA ITEM 11 b 01— 105 A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") MODIFYING RESOLUTION NO. SEOPW/CRA R-01-51 BY AUTHORIZING THE CRA COMPENSATE IN THE FOLLOWING AMOUNTS TO DOVER, KOHL & PARTNERS ("DOVER") AND THE FOLLOWING CONSULTANTS, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES UP TO (DEFINED HEREIN): 1) $393,000 TO DOVER, KOHL & PARTNERS 2) $45,000 TO HOLLAND & KNIGHT LLP ("H&K"), 3) $5,000 TO WALLACE ROBERTS & TODD, LLC ("WRT"), 4) $78,800 TO RICHARD JUDY ("R.J.") AND GUILLERMO OLMEDILLO ("G.O."), 5) $20,000 TO THE CENTER FOR URBAN TRANSPORTATION RESEARCH ("CUTR"), 6) $5,000 TO MR. TOM GUSTAFSON ("T.G."), 7) $55,000 TO ZHA, 8) $6,000 TO CIVIL CADD, AND 9) $6,000 TO MR. NEIL HALL ("N.H.") FOR THE PERFORMANCE OF THE SCOPE OF SERVICES AS DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, the City of Miami approved and adopted the Southeast Overtown/Park West Community Redevelopment Plan pursuant to Resolution Nos. 82- 755 and 85-1247 (the "Redevelopment Plan"); and WHEREAS, the CRA is responsible for carrying out community redevelopment activities and projects in the Southeast Overtown/Park West Redevelopment Area (the "Redevelopment Area") established pursuant to the Redevelopment Plan; WHEREAS, Resolution No. SEOPW/CRA R-01-51, as modified, authorized the CRA to enter into a contract with Dover for the provision of professional services to the CRA in connection with a) the design of the Grand Promenade as sub -consultants to Civil Cadd, b) planning services in connection with the CRA property located along Biscayne Boulevard, c) the coordination of the ongoing transportation project with the Downtown Development Authority and the Metropolitan Planning Organization, d) the update of the SEOPW Redevelopment Plan for the Redevelopment Area, and e) the consideration of the creation of a third redevelopment area (the "Services") as being currently unfunded; and WHEREAS, the CRA desires to compensate Dover, Kohl & Partners and the following consultants, in connection with the performance of the Services: 1) $393,000 to Dover, Kohl & Partners 2) $45,000 to Holland & Knight LLP, 3) $5,000 to Wallace Roberts & Todd, LLC, 4) $78,800 to Richard Judy and Guillermo Olmedillo, 5) $20,000 to Center for Urban Transportation Research (CUTR), 6) $5,000 to Mr. Tom Gustafson, 7) $ 55,000 to ZHA, 8) $6,000 to Civil Cadd, and 9) $ 6,000 to Mr. Neil Hall for the I performance o ATTACH '' the scope of services in conjunction with the City of Miami — Planning escribed on Exhibit A, subject to the availability of funding. o 1 _ SEOPW/ �.� ITEM l lb NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The CRA is hereby authorized to disburse the following amounts to Dover and the following consultants, in connection with the performance of the Services: 1) $393,000 to Dover, Kohl & Partners 2) $45,000 to Holland & Knight LLP, 3) $5,000 to Wallace Roberts & Todd, LLC, 4) $78,800 to Richard Judy and Guillermo Olmedillo, 5) $20,000 to Center for Urban Transportation Research (CUTR), 6) $5,000 to Mr. Tom Gustafson, 7) $ 55,000 to ZHA, 8) $6,000 to Civil Cadd, and 9) $ 6,000 to Mr. Neil Hall for the performance of the scope of services in conjunction with the City of Miami — Planning Department as described on Exhibit A, subject to the availability of funding. Section 3. The Executive Director is hereby instructed to seek additional funding and authorized to issue the necessary work orders to carry out the project. The resolution shall be effective upon its adoption. PASSED AND ADOPTED on this 30th day of July, 2001. AI 1EST: Walter J. Foeman, City Clerk APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello, Esq. City Attorney 2 Arthur E. Teele, Jr., Chairman SOPWICRA. 01- 105 Internal Draft 7/24/01 DOVER, KOHL & PARTNERS town p l a n n i n g Memorandum Date: 07/24/01 To: Dipak M. Parekh, CRA Director, City of Miami From: Joseph Kohl, Margaret Marshall & Sergio Vazquez Subject: Outline of Projects and Tasks for Southwest Overtown/Park West CRA Thank you for the invitation to work on a major Master Plan update and coordination effort within the Southwest Overtown/Park West CRA. We have outlined the tasks and have included consultant services and estimated costs for the projects at this preliminary stage. A spreadsheet with a breakdown of consultants and fees has been included at the end of this memo. I. Biscayne Boulevard Special Area Plan Cost: S50,000 Funding: CRA, per resolution R-01-51 Lead Firm: Dover, Kohl & Partners, Urban Design Sub Consultants: Ian Lockwood, Glatting Jackson, Traffic Planning Primary Tasks: 1. Review and present suggested changes to current FDOT design from NW6th Street to 1-395. 2. Building design standards for properties fronting Biscayne Blvd. ��. CRA Boundary Study Cost: S25,200 - S44,800 Funding: CRA Resolution R-01-51 Lead Firm: Coordination Dover, Kohl & Partners, Urban Design Consultants: Documentation Richard Judy $19,200 - $28,800 Guillermo Olmedillo Primary Tasks: 1. Data compilation as required for the Overtown/Park West CRA restatement. 2, Analysis of the alternative boundary adjustment associated with the possible creation of a third CRA (modification of CRA Resolution CRA R-01-51). 3. Identify action steps for changes (if necessary). Holland & Knight $5,000 - $10,000 Primary Tasks: Legal review and quality control $1,000 — $6,000 SROPW/G 01— i 0 5 III. Grand Promenade and Pedestrian Mobility Study Funding: Existing contract with Civil-CADD Engineering, Inc. (To be coordinated with the CRA Master Plan Update) Lead Finn: John King, Civil-CADD Engineering, Inc Primary Task: Site specific feasibility analysis Dover, Kohl and Partners, Urban Design Primary Task: Urban design alternatives Consultants: CRA/ City of Miami Internal Draft July 24, 2001 Page 2 of 6 Cost: $68,000 $6,000 $3 7,000 Center for Urban Transportation Research (CUTR) Fee not to exceed $20,000 Primary Tasks: 1. investigate physical and pedestrian mobility improvements to an east/west corridor within the entertainment district of Park West linking Overtown to Bicentennial Park and Biscayne Boulevard. 2. Suggest implementation strategies for proposed improvements Tom Gustafson Primary Task: Funding strategy Fee Not to exceed $5,000 N. CRA Master Plan Update Cost: $386,000 - $446,000 Funding: (To include Southwest Overtown/Park West CRA with existing boundaries or expanded boundaries pending recommendation of the CRA Boundary Study) Lead Firm: Dover, Kohl and Partners,UJrban Design Consultants and their respective Primary Tasks include: Dover, Kohl and Partners (urban design): $250,000 - $300,000 1. Evaluate the existing Overtown/Park West CRA plan, identifying deficiencies and recommending improvements to the plan. 2. Evaluate City of Miami policies in relation to CRA goals and accomplishments. 3. Conduct an urban design analysis, focused on urban planning and land use issues associated with the study area. 4. Formulate a public outreach process to involve residents, officials, and interested parties in the formation of the Master Plan. 5. Prepare the physical redevelopment plan. The various improvement projects underway by various groups will be evaluated and included where possible. 6. Coordinate the work tasks and efforts of the selected consultants to correspond with goals and objectives of this CRA plan update. SEOPW/CR4 i - 105 CRA/ City of Miami Internal Draft July 24, 2001 Page 3 of 6 Holland & Knight (legal services): $30,000 - $35,000 I. Restatement documentation and required legal assistance: a. Review of existing Redevelopment Plan for legal compliance, b. Review, evaluation and analysis of the CRA policies and goals with recommendations. c. Recommendations and Preparation for Redevelopment Plan needed legal requirement changes. d. Review of other consultants' suggested changes e. Advice to CRA on process for approval of amendments. f. Assisting with preparation for presentations to and approval of amendments to Redevelopment Plan by City Commission and Miami -Dade County Commission, including participation in not more than two such presentations to the CRA, City Commission or County Commission. g. Preparation of initial draft of required notices. h. Preparation of initial draft of resolutions approving amendments. i. Prepare an update on the status of services Holland & Knight are providing under this engagement, which will be submitted to the CRA at feast monthly. 2. And possibly for an additional fee: a. Meetings with County officials regarding the delegation of redevelopment powers by Miami -Dade County to the City of Miaini, b. Negotiating and drafting documents pertaining to such delegation, including the inter -local agreement between the City and the County. ZHA (economic analysis): $50,000 - $55,000 1. Review background data and conduct interviews with key community leaders. 2. Evaluate current CRA areas and the impact of proposed capital project plans. 3. Based on findings from data review, interviews, evaluation of existing and potential CRA areas, ZHA will draft an economic strategy for the Overtown/Park West CRA. 4. Final Strategy Report: The strategy will provide general spatial recommendations (i.e., density, orientation of development, etc.) and suggested categories and allocation of the mix of uses. This strategy will serve as a blueprint for the City and CRA executive staff to make best use of organizational and financial resources. It will provide the basis for planners to develop market appropriate physical plans for the CRA. Guillermo Olmedillo (planner): Fee not to exceed $30,000 I . Review of proposed amendments for consistency with City's Comprehensive Plan. 2. Recommendations for action if there is a conflict with County Comprehensive Plan. Richard Judy: (planner/strategist): Fee not to exceed $20,000 1. Meetings with County officials regarding the delegation of redevelopment powers by Miami -Dade County to the City of Miami, 2. Negotiating and drafting documents pertaining to such delegation, including the inter -local agreement between the City and the County. The Architects Hall, Neil Hall, (community liaison): Fee not to exceed $6,000 1. Reviewing work -in -progress, suggesting changes, and working as a local s community liaison. j 1 — . 104 SEOPW/C2A V. Third CRA Master Plan and Adoption Procedure Funding: (To begin only if recommended from the CRA Boundary Study, and approved by ) Lead Firm: Holland and Knight (legal services) Creation of new CRA $10,000 - $20,000 Plan adoption process and legal review $15,000 - $20,000 CRA/ City of Miami Internal Draft July 24, 2001 Page 4 of 6 Cost: $145,000 - $220,000 Consultants: Dover, Kohl and Partners, Urban Design (planning consultant) $l 00,000 - $150,000 Richard Judy Guillermo Olmedillo Document blighted conditions $20,000 - $30,000 SEOPW/CRA 0 — 10 5 CRA/ City of Miami Internal Draft July 24, 2001 Page 5 of 6 Miami CRA Project Breakdown: Consultants and Fees I. Biscayne Boulevard Special Area Plan Dover, Kohl & Partners $50,000 Glatting Jackson Project Total $50,000 1Z CRA Boundary Study Dover, Kohl & Partners $1,000 - $6,000 Richard Judy Guillermo Olmedillo $19,200 - $28,800 .............. . Holland & Knight $5,000 - $10,000 Estimated Project Total $25,200 - $44,800 M. Grand Promenade and Pedestrian Mobility Study John King $6,000 Dover, Kohl & Partners $37,000 CUTR Fee not to exceed $20,000 Tom Gustafson Fee not to exceed $5,000 Estimated Project Total S68,000 IV. CRA Master Plan Update Dover, Kohl & Partners $250,000 - $300,000 Holland & Knight $30,000 - $35,000 ZHA $50,000 - $55,000 Guillermo Olmedillo Fee not to exceed $30,000 Richard Judy Fee not to exceed $20,000 Neil Hall Fee not to exceed $6,000 Estimated Project Total $386,000 - $446,000 CRA/ City of Miami Internal Draft July 24, 2001 Page 6 of 6 V. Third CRA Master Plan and Adoption Procedure Holland & Knight $25,000 - $40,000 Dover, Kohl & Partners $100,000 - $150,000 Guillermo Olmedillo Richard Judy $20,000 - $30,000 Estimated Project Total $145,000 - $220,000 gEopW/ 01- 105 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM ITEM 11 b FROM: Members of the CRA Board Dipak M. Parekh Executive Director Chairman Teele and DATE: July 30, 2001 SUBJECT: REFERENCES: ENCLOSURES: FILE: Dover Kohl and Consultants Resolution RECOMMENDATION It is recommended that the CRA Board approve the attached resolution to compensate the following amounts to Dover, Kohl & Partners ('Dover") and the following consultants, in connection with the performance of the services described therein: 1) $393,000 to Dover, Kohl & Partners, 2) $45,000 to Holland & Knight LLP, 3) $5,000 to Wallace Roberts & Todd, LLC, 4) $78,800 to Richard Judy and Guillermo Olmedillo, 5) $20,000 to the Center for Urban Transportation Research (CUTR), 6) $ 5,000 to Mr. Tom Gustafson, 7) $ 55,000 to ZHA, 8) $6,000 to Civil Cadd, and 9) $6,000 to Mr. Neil Hall for the performance of the scope of services in conjunction with the City of Miami — Planning Department as described on Exhibit A of the attached resolution. BACKGROUND The CRA previously passed Resolution No. SEOPW/CRA R-01-51, subsequently modified, authorizing the CRA to enter into a contract with Dover, Kohl & Partners for the provision of professional services to the CRA in connection with a) the design of the Grand Promenade as sub -consultants of Civil-Cadd, b) planning services in connection with the CRA property located along Biscayne Boulevard, c) the coordination of the ongoing transportation project with the Downtown Development Authority and the Metropolitan Planning Organization, d) the update of the SEOPW Redevelopment Plan for the Redevelopment Area, and e) the consideration of the creation of a third redevelopment area, which is currently unfunded. Funding Source : General Fund, Tax Increment Revenue, Subject to funds availability Account Number : 689004.550011.6.340, 689001.550108.6.340, N/A ssopw/04,1 01- 10 5 AMENDMENT #1 DOVER, KOHL PROFESSIONAL SERVICES AGREEMENT SEOPW MASTER PLAN UPDATE This instrument amends that certain Professional Services Agreement for planning and design services pertaining to the Southeast Overto'n/Park West Community Redevelopment Agency Master Plan Update dated the Is1 day of 3(Ii, 2002, by and between the Southeast Overtown/Park West Community Redevelopment Agency, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") and The Image Network, Inc. of Delaware, a Delaware corporation d/b/a Dover, Kohl & Partners ("Provider"). I. SCOPE. The first paragraph of Attachment "A" to the Agreement is deleted in its entirety and the following substituted in its place: This Attachment "A" supplements the Agreement dated iga,reX , 2002, by and between the Southeast Overtown/Park West Community Redevelopment Agency, of the City of Miami ("CRA") and The Image Network, Inc. of Delaware, a Delaware corporation d/b/a Dover, Kohl & Partners ("Provider"), and is by such Agreement incorporated therein by reference. The teen "City" herein refers to The City of Miami, Florida. The Provider will subcontract with consultant The Architects Hall Designers, Inc. (Hall) for services in connection with this Agreement. Additionally, ZHA, Inc. (ZHA), David Cardwell, Esquire d/b/a The Cardwell Law Firm (Cardwell), Guillermo Olmedillo (Olniedillo), and Richard Judy (Judy) will provide consulting services under direct contracts with the CRA. II. PROFESSIONAL FEES. Paragraph 5 A. of the Professional Services Agreement is deleted in its entirety and the following substituted in its place: A. The amount of compensation payable by the CRA to Provider shall be based on the rates and schedules described in Attachment "B" hereto, which by this reference is incorporated into and made a part of this Agreement; provided, however, that in no event shall the total amount of compensation paid to Provider and Provider's subcontractors hereunder exceed Three Hundred Six Thousand Dollars ($306,000.00) inclusive of all expenses incurred. Paragraph 1.1, of Section I of Attachment "B" is deleted in its entirety and the following substituted in its place: Page 1 of 5 Amendment #1 Master Plan Update Master Plan Update 1.1 Professional Fees. The CRA shall make payment to Provider of professional fees for work performed on an hourly basis using the rates listed above. The total amount paid under this agreement for the completion of the scope of services, including fees of Provider's subcontractors, shall not exceed Three Hundred Six Thousand Dollars ($306,000.00). Further, the total fees for work performed by Dover, Kohl & Partners under this Agreement shall not exceed Three Hundred Thousand Dollars ($300,000.00); and the total fees for worked performed by The Architects Hall Designers, Inc., shall not exceed Six Thousand Dollars ($6,000.00). Paragraph (f) of Section II of Attachment "B" is deleted in its entirety and the following substituted in its place: (f) In the absence of a prior CRA resolution authorizing the expense, no reimbursable expense shall be charged to the CRA if such expense would cause the total payments due under this agreement to exceed Three Hundred Sixty -One Thousand Dollars ($361,000.00). III. FUNDING. Provider acknowledges that the work to be performed under the Agreement may be funded by Community Development Block Grant ("CDBG") Funds. The Agreement is hereby amended to require the Provider to comply with the Copeland Anti - Kick Back Act, Contract Work Hours and Safety -Standards Act, Lead -Based Paint Poisoning Act and other related acts, as applicable. The Agreement is hereby amended to require the Provider to comply with the Davis -Bacon Act, specifically with the provisions of HUD Form 4010, Federal Labor Standards Provisions, a copy of which is attached as Exhibit "A" to this Amendment and incorporated into the Agreement. To the extent that employees or subcontractors of the Provider have not received wages at the level required by the Davis -Bacon Act, and as shown in the attachments hereto, Provider agrees to pay any such deficiency to said employee(s) or subcontractor(s), immediately upon execution of this Amendment. IV. SECTION 3 REQUIREMENTS. The Agreement is further amended to require the Provider to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, and Provider agrees to comply with HUD regulations implementing Section 3, 24 C.F.R. Part 135. a) The parties acknowledge that the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that the employment and other economic opportunities generated .by HUD assistance of HUD - Page 2 of 5 Amendment #1 Master Plan Update Master Plan Update assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing. b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this Amendment, the parties to this contact certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c) The Provider agrees to send to each labor organization or representative of workers with which the Provider has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the Provider's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d) The Provider agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Provider will not subcontract with any subcontractor where the Provider has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e) The Provider will certify that any vacant employment positions, including training positions, that are filled {1) after the Provider is selected but before the contract is executed; and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the Provider's obligations under 24 CFR part 135. f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debaiinent or suspension from future HUD assisted contracts. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section Page 3 of 5 Amendment #1 Master Plan Update Master Plan Update 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). V. OTHER CDBG PROGRAM REQUIREMENTS. The Provider shall maintain current documentation that its activities are CDBG eligible in accordance with 24 CFR Part 570.201. The Provider shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. The Provider shall, to the greatest extent possible, give low -and -moderate -income residents of the service areas opportunities for training and employment. VI. NONDISCRIMINATION. The Provider shall not discriminate on the basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with its perfouiiance under this Agreement. The Provider agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination in connection with its performance under this Agreement. VII. COUNTERPARTS. This Amendment may be executed in several counterparts, each of which shall be deemed an original but all of which shall constitute only one agreement. VIH. NO OTHER MODIFICATION. Except as modified hereby, all of the terms and conditions contained in the Professional Services Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective, duly authorized, officials, the day and year above written. Page 4 of 5 Amendment #1 Master Plan Update Master Plan Update APPR CO OFF° AND EJANDRO V1T.ARELLO City Attorney A"1"1 EST: SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") By: Title: Executive Director Print Name: Annette Lewis APPROVED AS TO INSURANCE REQUIREMENTS: R. SUE WELLER, Acting Administrator Risk Management :J�r/cam THE IMAGE NETWORK, INC. OF DELAWARE, a Delaware corporation D/B/A DOVER, KOHL & PARTNERS ("Provider") By: Title: Vic&President Print Name: Joseph A. Kehl Page 5 of 5 Amendment #1 Master Plan Update Master Plan Update SEOPW/CRA ITEM 15 SEOPW / CRA RESOLUTION NO. O 1 ^ 5 1 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH DOVER, KOHL & PARTNERS, FOR AN AMOUNT NOT TO EXCEED $50,000, FOR SERVICES TO: PREPARE A COMPREHENSIVE MASTER PLAN FOR THE OVERTOWN REDEVELOPMENT AREA ("MASTER PLAN"); INTEGRATE INTO THE MASTER PLAN THE OFFICE OF HOLLAND & KNIGHT WHICH CURRENTLY HAS ON STAFF EXPERTS ON COMMUNITY REDEVELOPMENT AGENCIES; INTEGRATE WRT INTO THE MASTER PLAN FOR ADJUSTMENT OF THE BOUNDARIES, IF ANY, OF THE REDEVELOPMENT AREA AND UPDATING OF THE REDEVELOPMENT PLAN; PLAN AND DESIGN THE GRAND PROMENADE; INTEGRATE PRIVATELY -OWNED PROPERTIES ALONG BISCAYNE BOULEVARD, BETWEEN 1-395 AND NORTH EAST 6TH STREET, INTO THE BICENTENNIAL MASTER PLAN; AND, FURTHER, COORDINATE THE ON -GOING BICENTENNIAL TRANSPORTATION PROJECT WITH THE DOWNTOWN DEVELOPMENT AUTHORITY AND METROPOLITAN PLANNING ORGANIZATION. WHEREAS, the City of Miami approved and adopted the Southeast Overtown/Park West Community Redevelopment Plan pursuant to Resolutions No. 82-755 and 85-1247 (the "Redevelopment Plan"); and SEOPW/CRA Of- 51 WHEREAS, the CRA is responsible for carrying out community redevelopment activities and projects in the CRA Redevelopment Area established pursuant to the Redevelopment Plan; and WHEREAS, the Board of Directors authorized the Executive Director to utilize professional consultants for the conceptual planning and design for the Grand Promenade; and WHEREAS, the CRA desires to enter into an agreement with Dover, Kohl & Partners, a planning firm, for an amount not to exceed $50,000,00 for the planning and design of the Grand Promenade, as well as planning assistance to integrate the privately -owned properties along Biscayne Boulevard, between I- 395 and North East 6th Street, into the Bicentennial master plan and, further, to coordinate the on -going Bicentennial Transportation Project with the Downtown Development Authority (DDA) and Metropolitan Planning Organization _(MPO) NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The Board of Directors authorizes the Executive Director to execute an agreement, in a form acceptable 'to the City Attorney, with Dover, Kohl & Partners, for an amount Page 2 of 3 SEOPW/CRA. 01- 51 not to exceed $50,000, for services to: prepare a comprehensive master plan for the Overtown Redevelopment Area ("Master Plan"); integrate into the Master Plan the office of Holland & Knight which currently has on staff experts on Community Redevelopment Agencies; integrate WRT into the Master Plan for adjustment of the boundaries of the Redevelopment Area and updating of the Redevelopment Plan; plan and. design the Grand Promenade; integrate privately -owned properties along Biscayne Boulevard, between 1-395 and North East 6th Street, into the Bicentennial Master Plan and, further, coordinate the on -going Bicentennial Transportation Project with the Downtown Development Authority and Metropolitan Planning Organization. Section 3. The Resolution shall be effective upon its adoption. PASSED AND ADOPTED on this 218t day of May, 2001. ATTEST: WALTER ' J . FOEMAN CITY CLERK APPROVED AL VILARELLO CI TORNEY ARTHUR E. TEELE, JR., CHAIRMAN This item has been legally adopted and can be certified, notwithstanding the absence of the then presiding Chair's signature and attestation by CORRECTNESS! the Clerk of the Board. Page 3 of 3 $EOPW/CRA 0 - 1 CITY OF MIAMI, FLORIDA ITEM 15 INTER -OFFICE MEMORANDUM REVISED SEOPW/CRA TO: FROM; Chairman Teele and Members of the CRA Board Dipak M. Parekh Executive Director DATE: SUBJECT: May 21, 2001 FILE : Recommendation for a contract agreement between CRA and Dover Kohl & Partners, Planning Firm REFERENCES: ENCLOSUR ES: Resolution RECOMMENDATION It is recommended that the CRA Board of Directors authorize the Executive Director to enter into a contract agreement with Dover Kohl & Partners, a Planning Finn, for services to be provided in connection with the planning and design of the Grand Promenade, as well as planning assistance to integrate the private properties along Biscayne Boulevard between 1-395 and NE 6th Street into the Bicentennial master plan and further to coordinate the ongoing Bicentennial Transportation project with the Downtown Development Authority (DDA) and Metropolitan Planning Organization (MPO). BACKGROUND On December 18, 2000, the CRA Board authorized the Executive Director to utilize professional consultants for the conceptional planning and design for a "Grand Promenade" from Biscayne Blvd to Miami Avenue in the alley between 10th Street and 11 to Street pursuant to CRA resolution SEOPW/CRA-00-132. The attached resolution grants the CRA Executive Director the authority to enter into a contract with Dover Kohl & Partners for professional services to be provided in connection with "Grand Promenade" as well as other ongoing Bicentennial Transportation Activities. Funding Source: CD/ General Fund Account Number: _ SEOPW/CRA 01- 51 MEETING DATE: May 21, 2001 SEOPW AND OMNI/CRA CITY CLERK'S REPORT Page No. 23 ITEM 15 A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") AUTHORIZING THE CRA TO ENTER INTO A CONTRACT AGREEMENT WITH DOVER KOHL & PARTNERS, A PLANNING FIRM, ("CONTRACTOR"), FOR AN AMOUNT NOT TO EXCEED $50,000,00, FOR SERVICES TO BE PROVIDED IN CONNECTION WITH THE PLANNING AND DESIGN OF THE GRAND PROMENADE, AS WELL AS PLANNING ASSISTANCE TO INTEGRATE THE PRIVATE PROPERTIES ALONG BISCAYNE BOULEVARD BETWEEN I-395 AND N.E. 6114 STREET INTO THE BICENTENNIAL MASTER PLAN, AND FURTHER TO COORDINATE THE ONGOING BICENTENNIAL TRANSPORTATION PROJECT WITH THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") AND THE METROPOLITAN PLANNING ORGANIZATION ("MPO"). MODIFY: SCOPE OF SERVICES TO INCLUDE COMPREHENSIVE MASTER PLAN FOR THE OVERTOWN REDEVELOPMENT AREA; FURTHER INTEGRATING HOLLAND & KNIGHT FIRM (NOT LOCAL OF'1+ICE, BUT OFFICE WHICH HAS EXPERTS ON CRAB) AND WRT BE INTEGRATED INTO THIS PLAN SO THAT IT IS ONE BASIC SCOPE UNDER DOVER AS IT RELATES TO THE ADJUSTMENT OF THE BOUNDARIES, IF ANY, AND THE UPDATING OF THE PLAN. SEOPW/CRA R-01-51 OMNIICRA R-01-11 MOVED: WINTON SECONDED: SANCHEZ UNANIMOUS SEOPW/CRA 0i - 51 RESOLUTION NO. SEOPW/CRA 40 Item 15 A RESOLUTION OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") AUTHORIZING THE CRA TO ENTER INTO A CONTRACT AGREEMENT WITH DOVER KOHL & PARTNERS, A PLANNING FIRM, ("CONTRACTOR"), FOR AN AMOUNT NOT TO EXCEED $50,000.00, FOR SERVICES TO BE PROVIDED IN CONNECTION WITH THE PLANNING AND DESIGN OF THE GRAND PROMENADE, AS WELL AS PLANNING ASSISTANCE. TO INTEGRATE THE 4..OVIATE PROPERTIES ALONG BISCAYNE BOULEVARD BETWEEN I- 395 AND NE 6TH STREET INTO THE BICENTENNIAL MASTER PLAN, AND FUTHER TO COORDINATE THE ONGOING BICENTENNIAL TRANSPORTATION PROJECT WITH THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") AND THE METROPOLITAN PLANNING ORGANIZATION ("MPO"). Pfk1 vAi; WHEREAS, the City of Miami approved and adopted the Southeast Overtown/Park West Community Redevelopment Plan pursuant to Resolution Nos. 82- 755 and 85-1247 (the "Redevelopment Plan"); and WHEREAS, the CRA is responsible for carrying out community redevelopment activities and projects in the Southeast Overtown/Park West Redevelopment Area (the "Redevelopment Area") established pursuant to the Redevelopment Plan; and WHEREAS, the CRA authorized the Executive Director to utilize professional consultants for the conceptual planning and design for a "Grand Promenade" WHEREAS, the CRA desires to enter into a contract agreement with Dover Kohl & Partners, a Planning Firm, for an amount not to exceed $50,000.00 for services to be provided in connection with the planning and design of the Grand Promenade, as well as planning assistance to integrate the private properties along Biscayne Boulevard between 1-395 and NE 6th Street into the Bicentennial master plan, and further to coordinate the ongoing Bicentennial Transportation project with the Downtown Development Authority (DDA) and Metropolitan Planning Organization (MPO), NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: AtTA'C ENT( (OVAL ° ED 01- 51 SEOPW/CRA • • Item 15 Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The CRA hereby authorized to the CRA Executive Director to enter into a contract agreement with Dover Kohl & Partners, a Planning Firm, for an amount not to exceed $50,000.00 for services to be provided in connection with the planning and design of the Grand Promenade, as well as planning assistance to integrate the private properties along Biscayne Boulevard between 1-395 and NE 6th Street into the Bicentennial master plan, and further to coordinate the ongoing Bicentennial Transportation project with the Downtown Development Authority (DDA) and Metropolitan Planning Organization (MPO). Section 3. This resolution shall be effective upon its adoption. PASSED AND ADOPTED on this 21 st day of May, 2001. AI 'EST: Walter J. Foeman, City Clerk APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello, Esq. City Attorney 2 Arthur E. Teele, Jr., Chairman 01-- 51 SEOPW/CitA PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this day of January,. 2002 by and between the Southeast Overtown/Park West Community Redevelopment Agency, of the City of Miami, a public agency and body corporate created pursuant to Section 163.357, Florida Statutes ("CRA") and The Image Network, Inc. of Delaware, a Delaware corporation d/b/a Dover, Kohl & Partners ("Provider"). RECITALS A. The CRA is in need of town planning and urban design services pertaining to the Southeast Overtown/Park West Community Redevelopment Agency Master Plan Update ("Services"). B. Provider possesses all necessary qualifications and expertise to perform the Services. C. The CRA wishes to engage the Provider to perform, and Provider wishes to perfoui, the Services for the CRA under.the terms and conditions set forth herein. D. The Board of Directors of the CRA, by Resolution No. R-01-105, adopted on July 30, 2001, authorized the Executive Director to execute a contract with Provider for provision of the Services under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Provider and the CRA agree as follows: TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement shall be nine (9) months, commencing on the date first stated above. 3. OPTION TO EXTEND: The Executive Director of the CRA shall, without further approval of the Board of Directors of the CRA, have the right to extend the term of this agreement for two (2) additional sixty (60) day periods, subject to the availability and appropriation of funds. 4. SCOPE OF SERVICE: A. Provider agrees to provide the Services as specifically described, and subject to the special terms and conditions set forth in Attachment "A" hereto, which by this reference is incorporated into and made a part of this Agreement. B. provider represents and warrants to the CRA that: (i) it possesses all qualifications, licenses and expertise required for the performance of the Services; (ii) to its knowledge, it is not delinquent in the payment of any sums, including payment of permit fees, occupational licenses, etc., or in the performance of any obligations to the CRA or City of Miami, (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will be performed in the manner described in Attachment "A". 5. COMPENSATION: A. The amount of compensation payable by the CRA to Provider shall be based on the rates and schedules described in Attachment "B" hereto, which by this reference is incorporated into and made a part of this Agreement; provided, however, that in no event shall the total amount of compensation paid to Provider and Provider's subcontractors hereunder exceed Three Hundred Sixty -One Thousand Dollars ($361,000.00) inclusive of all expenses incurred. Page 2 of 23 B. Unless otherwise specifically provided in Attachment "B", payment shall be made within forty-five (45) days after receipt of an invoice from Provider accompanied by sufficient supporting documentation and containing sufficient detail, to allow a proper audit of expenditures, should CRA require one to be performed. If Provider is entitled to reimbursement of travel expenses (i.e. Attachment `B" includes travel expenses as a specific item of compensation), then all bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. 6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any information, document, report or any other material whatsoever which is given by the CRA to Provider, or which is otherwise obtained or prepared by Provider specifically and exclusively for CRA pursuant,to or under the terms of this Agreement, is and shall at all times remain. the property of the CRA. Provider agrees not to use any such information, document, report or material for any other purpose, other than general corporate promotion/qualification purposes, without the written consent of CRA, which may be withheld or conditioned by the CRA in its sole discretion. 7. AUDIT AND INSPECTION RIGHTS: A. The CRA may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the CRA to Provider under this Agreement, audit, or cause to be audited, those books andrecords of Provider related to Provider's performance under this Agreement. Provider agrees to maintain all such books and records at its outside storage for a period of three (3) years after final payment is made under this Agreement or until all claims or audit findings have been resolved. Page, 3 of 23 B. The CRA may, at reasonable times and upon reasonable advance notice during the term hereof, inspect Provider's facilities and perform such tests, as the CRA deems reasonably necessary, to determine whether the goods or services required to be provided by Provider under this Agreement conform to the terms hereof. Provider shall make available to the CRA all reasonable facilities and assistance to facilitate the perfoiwance of tests or inspections by CRA representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Section 18-55.2 of the Code of the City of Miami, Florida, as same may be amended or supplemented, from time to time. 8. AWARD OF AGREEMENT: Provider represents and warrants to the CRA that it has not employed or retained any person or company employed by the CRA, or the City of . Miami, to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. CONFLICT OF INTEREST: A. Provider is aware of the conflict of interest laws of the City of Miami (Chapter 2, Article V, Sections 2-611 - 2-650 of the Code of the City of Miami, Florida), Miami -Dade County Florida (Chapter 2, Article 1, Section 2-11.1 of the Code of Miami -Dade County, Florida) and the State of Florida (Chapter 112, Part III, Sections 112.311-112.326, Florida Statutes) and agrees that it shall fully comply in all respects with the terms of said laws and any future amendments thereto. B. Provider covenants that no person or entity under its employ, presently exercising any functions or responsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with the CRA. Provider further covenants that, in the performance of Page 4 of 23 this Agreement, no person or entity having such conflicting interest shall be utilized in respect to the Services provided hereunder. Any such conflict of interest(s) on the part of Provider, its employees or associated persons, or entities must be disclosed in writing to the CRA. 10. PUBLIC RECORDS: Provider understands that the public shall have access, at all reasonable times, to all documents and information pertaining to CRA contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the CRA and the public to all documents subject to disclosure under applicable law. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the CRA. 11. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider understands that agreements between private entities and public agencies are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. CRA and Provider agree to comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. 12. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the CRA and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including reasonable attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the perfoianance or non-perfoiivance of the Services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Page 5 of 23 Provider or its employees, agents or subcontractors (collectively referred to as "Provider"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act or omission, default or negligence (whether active or passive) of the Indemnitees, or any of them, or (ii) the failure of the Provider to comply with any of the conditions or requirements herein or the failure of the Provider to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Provider, or any of its subcontractors, as provided above, for which the Provider's liability to such employee or foiuier employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Subject to Section 768.28, Florida Statutes, the CRA shall indemnify, defend and hold harmless Provider from and against all demands, claims, actions or causes of action, assessments, losses, damages, liabilities, costs and expenses, including but not limited to interest, penalties, attorneys' fees and disbursements, and the cost (valued at prevailing hourly rates) of Provider personnel preparing for and giving testimony, asserted against, imposed upon or incurred by Provider by reason of, or resulting from, any claim or other assertion of liability by third parties in connection with any negligence of the CRA or any of its employees, officials or agents concerning information provided to the Provider by the CRA from which Provider completed its report. 13. DEFAULT: If Provider fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the Page 6 of 23 occurrence of a default hereunder, and where such default continues for a period of ten (10) days after receipt of written notice thereof, the CRA, in addition to all remedies available to it by law, may immediately, upon written notice to Provider, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CRA to Provider while Provider was in default shall be immediately returned to the CRA. Provider understands and agrees that termination of this Agreement under this section shall not release Provider from any obligation accruing prior to the effective date of termination. Should Provider be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Provider shall be liable to the CRA for all expenses incurred by the CRA in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the CRA in the re -procurement of the Services, including consequential and incidental damages. 14. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that all disputes between Provider and the CRA based upon an alleged violation of the terms of this Agreement by the CRA shall be submitted to the CRA's Executive Director for his/her resolution, prior to Provider being entitled to seek judicial relief in connection therewith. Provider shall not be entitled to seek judicial relief unless: (i) it has first received the Executive Director's written decision, approved by the CRA's Board of Directors if the amount of compensation hereunder exceeds $4,500; or (ii) a period of sixty (60) days has expired, after submitting to the: Executive Director of the CRA a detailed statement of the dispute, accompanied by all supporting documentation (90 days if the Executive Director's decision is subject to CRA board approval); or (iii) the CRA has waived compliance with the procedure set forth in this section by written instrument, signed by the CRA's Executive Director. Page 7 of 23 15. CRA TERMINATION RIGHTS: A. The CRA shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Provider at least five (5) business days prior to the effective date of such termination. In such event, the CRA shall pay to Provider compensation for services rendered, and expenses incurred, prior to the effective date of termination. In no event shall the CRA be liable to Provider for any additional compensation, or for any consequential or incidental damages. B. The CRA shall have the right to terminate this Agreement, upon the occurrence of an event of default hereunder, in accordance with the provisions of Section 13 hereof. In such event, the CRA shall not be obligated to pay any amounts to Provider for services rendered while Provider was in default hereunder, and in the event that payment was made, the Provider shall reimburse to the CRA all amounts received for services rendered while Provider was in default under this Agreement. 16. INSURANCE: Provider shall, at all times during the term hereof, maintain such insurance coverage as may be required by the CRA. All such insurance, including renewals, shall be subject to the approval of the CRA for adequacy of protection. Evidence of coverage shall be furnished to the CRA on Certificates of Insurance indicating said insurance to be in full force and effect and providing that it will not be canceled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed with the CRA, prior to the performance of services hereunder. Upon request, Provider shall file duplicate copies of the policies of insurance with the CRA. Page 8 of 23 If, in the judgment of the CRA, prevailing conditions warrant the provision by Provider of additional ,liability insurance coverage, or coverage which is different in kind, the CRA reserves the right to require the provision by Provider of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the CRA's written notice, this Contract shall be considered terminated on the date the required change in policy coverage would otherwise take effect. Upon such termination, the CRA shall pay Provider compensation for services rendered, and expenses incurred, prior to the date of termination but shall not be liable to Provider for any additional compensation, or for any consequential qr incidental damages. 17. NONDISCRIMINATION: Provider represents and warrants to the CRA that Provider does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Provider's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Provider further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 18. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM: The City of Miami has established a Minority and Women Business Affairs and Procurement Program (the "M/WBE Program") designed to increase the volume of procurement and contracts with Black, Hispanic, and Women -owned businesses. The M/WBE Program is found in Ordinance No. 10062, a copy of which has been delivered to, and receipt of which is Page 9 of 23 hereby acknowledged by, Provider. Provider understands and agrees that the CRA shall have the right to terminate and cancel this Agreement, without notice or penalty to the CRA, and to eliminate Provider from consideration and participation in future contracts if Provider, in the preparation and/or submission of the Proposal, submitted false or misleading information as to its status as a Black, Hispanic and/or Women owned business and/or the quality and/or type of minority or women owned business participation. 19. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in part, without the prior written consent of the CRA, which may be withheld or conditioned, in the CRA's sole discretion. 20. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO PROVIDER: TO THE CRA: Mr. Joseph A. Kohl, Vice President Dover, Kohl & Partners 5879 Sunset Drive, Suite 1 South Miami, Florida 33143 Executive Director Southeast Overtovvn/Park West Community Redevelopment Agency 300 Biscayne Blvd. Way, Suite 430 Miami, Fl. 33131 21. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Page 10 of 23 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision or term contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision or term shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. E. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. 22. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 23. INDEPENDENT CONTRACTOR: Provider has been procured and is being engaged to provide services to the CRA as an independent contractor, and not as an agent or employee of the CRA. Accordingly, Provider shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City of Miami, nor any rights generally afforded Page 11 of 23 classified or unclassified employees. Provider further understands that Florida Workers' Compensation benefits available to employees of the CRA are not available to Provider, and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services to the City under this Agreement. 24. CERTIFICATION: By signing this Agreement Provider certifies that Provider has familiarized itself with section 18-102 of the Code of the City of Miami, Florida and that neither Provider nor any of its principal owners or personnel have been convicted of an offense that would be cause for debarment under section 18-102 of the Code of the City of Miami, Florida or debarred or suspended by any federal, state or other governmental entity. 25. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of,funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 26. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as -of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 27. COUNTERPARTS: . This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective, duly authorized, officials, the day and year above written. Page 12 of 23 ATTEST: Print Name: SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public agency and body corporate created pursuant to Section 163.357, Florida Statutes ("CRA") By: Title: Executive Director Print Name: Annette Lewis APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: ALEJANDRO VILARELLO City Attorney , a2/2,0Lri Print Name: ro:A W G E6iZG ! AD tS n �v MARIO SOLDEVILLA Administrator Risk Management THE IMAGE NETWORK, INC. OF DELAWARE, a Delaware corporation D/B/A DOVER, KOHL & PARTNERS ("Provider") By: Title: esident Print I • Joseph A. Kohl Page 13 of 23 ATTACHMENT "A" Scope of Services This Attachment "A" supplements the Agreement dated January 2002 by and between the Southeast Overtown/Park West Community Redevelopment Agency, of the City of Miami ("CRA") and The Image Network, Inc. of Delaware, a Delaware corporation d/b/a Dover, Kohl & Partners ("Provider"), and is by such Agreement incorporated therein by reference. The term "City" herein refers to The City of Miami, Florida. The Provider will subcontract with consultants ZHA, Inc. (ZHA), and The Architects Hall Designers, Inc. (Hall) for services in connection with this Agreement. Additionally, David Cardwell, Esquire d/b/a The Cardwell Law Firm (Cardwell), Guillermo Olmedillo (Olmedillo), and Richard Judy (Judy) will provide consulting services under direct contracts with the CRA. I. Scope of Services. The Provider shall complete the tasks described below. Southwest OvertownlPark West CRA Master Plan and Project Coordination The Southwest Overtown/Park West CRA Master Plan includes urban design services for a significantly large area. For the purposes of this plan, the Overtown/Park West neighborhood is defined by: the FEC Railroad line as the western boundary; Biscayne Boulevard as the eastern boundary; 1-395 as the northern boundary; and NE 6th Street as the southern boundary. The parties acknowledge that the CRA project area may be redefined by the current boundary study. In Summary: Provider's professional services include (urban design): 1. Evaluate the existing OvertowniPark West CRA plan, identifying deficiencies and recommending improvements to the plan. 2. Evaluate City of Miami policies in relation to CRA goals and accomplishments. 3. Conduct an urban design analysis, focused on urban planning and land use issues associated with the study area. 4. Formulate a public outreach process to involve residents, officials, and interested parties in the formation of the Master Plan. 5. Prepare the physical redevelopment plan. The various improvement projects underway by various groups will be evaluated and included in the Master Plan where possible. 6. Coordinate the work tasks and efforts of the selected consultants to correspond with goals and objectives of the project. ZHA's professional services include (economic analysis): 1. Financial plan and economic feasibility analysis. 2. Policy, programming, and economic strategy. Hall's professional services include: 1. Local community liaison. Page 14 of 23 Cardwell's professional services include the following legal services to be provided under direct contract with the CRA: 1. Restatement documentation and required legal procedures. Olmedillo's professional services include the following planning services to be provided under direct contract with the CRA: 1. Data compilation as required for the Overtown/Park West CRA restatement. Judy's professional services include the following planning services to be provided under direct contract with the CRA: 1. Data compilation as required for the Overtown/Park West CRA restatement. Task One — Project Coordination The following project coordination functions will be performed by the Provider in concert with the indicated consultants. Tasks 1.01 Monthly CRA Meeting The Provider will attend up to twelve (12) scheduled monthly CRA meetings. Monthly meetings are held,on the last Monday of every month. 1.02 Monthly Status Report The Provider will distribute a monthly status report to the CRA Board. The monthly status report will record updates provided by the consultants involved in the overall preparation of the plan. The monthly status report is not to exceed five (5) pages. 1.03 Internal Meetings (Dover, Kohl & Partners and Hall) 'A series of meetings (dates to be determined) will be conducted amongst the various consultants involved in the project. The meetings will be informal and will assist in the preparation of the monthly status report and overall project coordination. The Provider will attend a maximum of forty (40) meeting hours with a principal and planner in attendance. Forty (40) meeting hours are estimated at twenty (20) meetings. 1.04 Daily Coordination The Provider will coordinate the actions of the various consultants involved in the Overtown/Park West CRA Master Plan. Task Two — Presentation of Findings Formal presentations will be prepared by Provider and the indicated consultants to present relevant findings and project updates. Tasks 2.01 Formal Presentations (Dover, Kohl & Partners and Olznedillo) The Provider will attend necessary meetings and present up to four (4) formal presentations to the CRA, Page 15 of 23 Planning Advisory Board, and City and County Commissions. Task Three — Review of Relevant Information Upon receipt of research and data compilations, Provider in concert with the indicated consultants will perform the following tasks so as to draw conclusions and make recommendations for the formation of the Overtown/Park West CRA Master Plan. Tasks 3.01 Review Relevant Information (Dover, Kohl & Partners, Olmedillo, and Judy) The Provider will review relevant information including general graphic information, zoning ordinance, locations of public utilities, and other regulatory information. Relevant information shall be reviewed pending the CRA providing all necessary data. 3.02 Review Existing Zoning (Dover, Kohl & Partners, OlmediIlo, and Judy) The Provider will review the existing City of Miami zoning ordinance and recommend any necessary zoning changes to comply with Master Plan goals and objectives. 3.03 Evaluate Overtown/Park West CRA (Dover, Kohl & Partners, Olmedillo, and Judy) The Provider will evaluate current CRA goals and accomplishments. 3.04 Plan Evaluation (Dover, Kohl & Partners, ZIIA, Olmedillo, and Judy) The Provider will evaluate the current CRA Community Redevelopment Plan, last updated in 1982. The Provider will identify plan deficiencies and recommend changes. Recommended improvements and alterations to the current Master Plan will correspond with the Urban Design Analysis, Economic Feasibility Study, and Financial Plan. Task Four — Legal Review and Compliance Task Four work will be performed by David Cardwell, Esquire d/b/a The Cardwell Law Firm and reviewed by Provider. Tasks 4.01 Review Existing Community Redevelopment Plan Review existing Community Redevelopment Plan for legal compliance. The review will include requirements of Part III, Chapter 163, Florida Statutes (the "Redevelopment Act"), and other applicable legal requirements such as delegation of authority from Miami -Dade County to the City of Miami. 4.02 Review CRA Goals and Policies Evaluation and analysis of the CRA in terms of policies and goals of the CRA and the City of Miami. Recommend how to best accomplish established goals and objectives under the Redevelopment Act in accordance with applicable legal requirements. 4.03 Legal Preparation Prepare necessary legal changes to the Redevelopment Plan. Review additional changes to the Redevelopment Plan presented by consultants. Page 16 of 23 4.04 Advisory Role Advise the CRA on the process for approval of amendments to the Redevelopment Plan and assure consistency with the City of Miami's Comprehensive Plan. 4.05 Monthly Update Prepare a monthly update to Provider on the status of services provided. 4.06 Presentations Assist with preparation of presentations to and approval of amendments to Redevelopment Plan by City Commission and Miami -Dade County Commission. David Cardwell, Esquire d/b/a The Cardwell Law Firm's participation is not to exceed more than two (2) such presentations to the CRA, City Commission, or County Commission. 4.07 Legal Document Preparation Preparation of initial draft of notices required by the Redevelopment Act. Preparation of initial draft of resolutions approving amendments to the Redevelopment Plan. Task Five — Economic Analysis The Task Five work will be performed by ZHA and reviewed by Provider. Tasks 5.01 . Data Review • ZHA will review the current OvertownlPark West CRA Master Plan and other studies and documents directly relevant to the CRA. ZHA will collect and review the latest demographic, economic, and property data for the area. 5.02 Key Leadership Interviews ZHA will undertake confidential interviews with the CRA and City representatives, business owners, property owners, real estate brokers, developers, and others knowledgeable of the project area. 5.03 Market Evaluation of Current CRA Areas ZHA will examine market conditions and opportunities in the Overtown/Park West CRA and explore development implementation opportunities for public/private investment. 5.04 Market Evaluation of Impact of Proposed Capital Project Plans ZHA will evaluate the impact of proposed highway, road, and other physical improvements to the CRA. 5.05 Draft Report Based on findings from data review, interviews, evaluation of existing and potential CRA areas, ZHA will draft an economic strategy for the OvertownlPark West CRA to be presented to the CRA for review and comment. 5.06 Final Report ZHA will refine and finalize the report after the draft has been reviewed and will provide ten (10) copies of the Final Report. Page 17 of 23 Task Six — Urban Design Analysis The urban design analysis will address urban planning and land use issues associated with the project area. Task Six work will be performed by Provider and the indicated consultants. Tasks 6.01 Site Visits The Provider will visit the site to review the existing conditions. 6.02 Public Outreach (Dover, Kohl & Partners and Hall) The Provider will hold three (3) public meetings to share findings and gain input from the community and interested stakeholders. 6.03 Interviews The Provider will hold two (2) interview sessions to share findings and gain input from the community and interested stakeholders. 6.04 Internal Coordination and Meetings The Provider will conduct internal coordination efforts with the identified consultants as a means of project management and coordination. Meetings with the consultants will be arranged as necessary. 6.05 Finding Report The Provider will produce a findings report, documenting relevant information and findings of fact associated with the project area. Task Seven — Southwest Overtown/Park West CRA Master Plan Report The Task Seven work will be performed by Provider in concert with the consultants. Tasks 7.01 Renderings The Provider will create a series of design options through graphic renderings of the study area. The maximum number of renderings is not to exceed ten (10). 7.02 Conceptual Diagrams An appropriate number of diagrams will illustrate planning concepts. 7.03 Master Plan Report The Provider will prepare a report to identify the steps needed to implement the physical elements of the project. The public document shall be a concise, easily understood piece. The report will highlight areas of redevelopment and document the comprehensive approaches of implementing a successful master plan for the Southwest Overtown/Park West CRA. The current not -to -exceed fee contemplates two revisions. Additional revisions will require adjustment of the not -to -exceed fee. H. Responsibilities of the CRA. The Provider's completion of tasks herein within a timely basis is contingent on the CRA's cooperation in providing available information and its participation with respect Page 18 of 23 to certain project activities. The CRA shall be responsible to the Provider for the timely performance of the following tasks: A. Provide, on a timely basis to the Provider, the requested base information described in Attachment "C". B. Provide supplementary information that may be requested from time to time during the course of the project. C. Provide a project coordinator with reasonable decision -making authority as a single point of contact. D. Attend and participate in project meetings upon the request of Provider. E. Provide public outreach throughout the project and securing the attendance of all persons who will have influence over or decision -making authority. D. Assist in guiding public outreach throughout the project and soliciting the attendance of third parties whose participation the CRA considers important. E. Make every effort to insure the attendance of a majority of elected City officials at all relevant presentations. Arrange for authorized representation of all government agencies having jurisdiction or decision -making authority over the Project to be present at the lecture. G. Provide base maps for Analysis and Charrette Phase. H. Print and distribute the Master Plan document. I. Promptly tender payment of all invoices. III. List of Final Work Products. The Provider shall produce specific graphic and written deliverables in conjunction with the professional services described in this Attachment. A. Graphic Documents. Graphic Documents will include the following or a reasonable equivalent: 1) A Master Plan (1), at a scale to be determined, illustrating the ideas and concepts for the project area. 2) Perspective Drawings (up to 10), rendered in color and, showing examples of typical physical improvements to be implemented in the master plan area. 3) Conceptual Diagrams, rendered in black and white to illustrate planning concepts. B. Written Documents. Written Documents will include the following or a reasonable equivalent: 1) Master .Plan Report, one (1) written narrative describing the project in text and graphics, and suggesting future projects and implementation strategies that could assist the CRA in achieving project goals. Page 19 of 23 C. Format of Deliverables. Provider shall provide final work products to CRA in the following format: 1) Written documents. One (1) copy and one (1) reproducible and unbound copy of the project summary, printed on paper in an appropriate format. The documents shall also be digitally stored in an appropriate computer format, and will be provided to the CRA on a CD-ROM (1 copy). The report will also be converted into a read-only format (*.pdf), using the freeware program Adobe Acrobat Reader for reproduction by the CRA. 2) Additional Copies. CRA may request additional copies of the above deliverables upon payment to Provider of the actual reproduction cost, plus a fee for additional services in accordance with Attachment B of this Agreement. Page 20 of 23 ATTACHMENT "B" Professional Fees and Reimbursable Expenses This Attachment `B" supplements the Agreement dated November , 2001, by and between the Southeast Overtown/Park West Community Redevelopment Agency, of the City of Miami ("CRA") and The Image Network, Inc. of Delaware, a Delaware corporation d/b/a Dover, Kohl & Partners ("Provider"), and is by such Agreement incorporated therein by reference. I. Professional Fees. The CRA shall compensate the Provider for professional services rendered by Provider and Provider's subcontractors listed below in the performance of this Agreement. Professional fees shall accrue on an hourly basis in accordance with the following rate schedules and subject to the limitations contained in paragraph 1.1 below. Dover, Kohl & Partners Position $/hour Principal 225.00 2nd Principal 145.00 Project Manager 130.00 Designer 130.00 Planner 100.00 ZHA, INC. Position $/hour President & Officers 185-230 Senior Associates 120-165 Associates 90-110 Financial Analyst 70-85 The Architects Hall Designers, Inc. Position $/hour Principal 175.00 Provider reviews its hourly rates each calendar year, and reserves the right to modify its rate schedule at such time. The CRA will be notified in writing in advance of any such change. Provided, however, that any increase in rates shall not exceed the yearly adjustment reflected in the Consumer Price Index. 1.1 Professional Fees. The CRA shall make payment to Provider of professional fees for work performed on an hourly basis using the rates listed above. The total amount paid under this agreement for the completion of the scope of services, including fees of Provider's subcontractors, shall not exceed Three Hundred Sixty -One Thousand Dollars ($361,000.00). Further, the total fees for work performed by Dover, Kohl & Partners under this Agreement shall not exceed Three Hundred Thousand Dollars ($300,000.00); the total fees for work performed by ZHA, Inc., shall not exceed Fifty -Five Thousand Dollars ($55,000.00); and the total fees for worked performed by The Architects Hall Designers, Inc., shall not exceed Six Thousand Dollars ($6,000.00). 1.2 Initial Deposit. Upon executing the Agreement, the CRA shall pay the Provider an initial deposit in the amount of Fifty Thousand Dollars ($50,000.00) prior to the Provider Page 21 of 23 commencing work. The deposit shall be non-refundable unless the CRA terminates the Agreement for default in accordance with Section 13 of the Agreement. 1.3 Additional Services. Professional fees for services not specifically described in this Agreement shall accrue on an hourly basis and shall constitute fees in addition to the above - mentioned professional fees. II. Reimbursable expenses. The professional fees include standard expenses for providing services to the CRA. These standard expenses include telephone, fax, and incidental photocopy charges. Nonstandard expenses are not included in the professional fees and Provider is to be reimbursed for all nonstandard expenses as an additional charge. These nonstandard expenses include: (a) Additional reproduction of graphics and reproduction expenses beyond those specified as the deliverable work products, such as printing, photocopying, photographing, photo -processing, filing, and computer storage supplies and materials; (b) Courier services; mailing, packaging, or shipping by overnight, express, or other priority delivery service; (c) Commercial rentals, as required, for supplies, equipment, work rooms, meeting rooms, and presentation rooms; (d) Travel expenses, such as transportation, food, and lodging; (e) Any other miscellaneous or out-of-pocket expenses reasonably contemplated to be outside the scope of services for this Project. (f) In the absence of a prior CRA resolution authorizing the expense, no reimbursable expense shall .be.charged to the CRA if such expense would cause the total payments due under this agreement to exceed Three Hundred Sixty -One Thousand Dollars ($361,000.00)_ CRA acknowledges that Provider has advised CRA that additional copies may be necessary and has advised CRA to budget costs for additional copies and reimbursable expenses at Fifteen Thousand Dollars ($15,000.00) III. Payments. Provider shall submit monthly invoices, conforming to the requirements of paragraph 5(b) of the Agreement, to the CRA for professional services rendered and reimbursable expenses incurred. Proper invoices that remain unpaid after forty-five (45) days may incur an additional service charge of one and one-half (l.5%) percent per month, but no greater amount than that which is legally permissible. Page 22 of 23 ATTACHMENT "C" Base Information This Attachment "C" supplements the Agreement dated November , 2001, by and between the Southeast Overtown/Park West Community Redevelopment Agency, of the City of Miami ("CRA") and The Irnage.Network, Inc. of Delaware, a Delaware corporation d/b/a Dover, Kohl & Partners ("Provider"), and is by such Agreement incorporated therein by reference. In accordance with Section II, of Attachment "A", Consultant requests Client to provide the following base information: SCALE BASE MAPS, in digital and hard copy formats, that indicate existing conditions of the Master Plan area, including significant features above and below the ground. Maps should specifically include ArcView GIS data, OrthoPhotos and an AutoCAD plan for the site indicating building footprints, roadways, sidewalks, driveways, curbs and curb -cuts, alleys, trees, right-of-way lines, existing land uses, zoning, topography, flood plain information (if applicable), environmental constraints, utility locations, building heights (if readily available), and current parking. GIS data should be in an ESRI compatible format. • AERIAL PHOTOGRAPHS, preferably in color digital format, in plan and/or oblique view and at the largest possible scale of the entire scope area. ▪ RET.FVANTEXISTTNG REGULATIONS, at any level, which relate to the Master Plan area, and relevant published comments of local government officials and administrators regarding development parameters. Such regulations should include adopted comprehensive plans, special area studies, and zoning ordinances. • OWNERSHIP MAP, both in hard copy and digital format, a database that indicates the names of owners of important real property or physical sites located within the study area and a separate list of the names with their corresponding mailing addresses. II ANY OTHER RELEVANT DATA, including pertinent portions of local zoning approvals and previous site studies, traffic studies, infrastructure studies, market feasibility studies, demographic projection, commercial real estate inventories, development programs, historical background, architectural inventory, parking inventory, etc. No more than three (3) weeks after signing the Agreement, the CRA shall provide the Provider with the requested information. The Provider will depend on the accuracy and completeness of the information provided by the CRA. If the CRA is unable to provide any of the above information, the CRA must immediately contact the Provider to determine whether such information is reasonably necessary and whether such information might otherwise be obtained. If the Provider deems such information necessary and the CRA remains unable to provide such information, then the Provider may prepare such information, as authorized by the CRA, as an additional service compensable in accordance with the Agreement. Page 23 of 23 RESOLUTION OF THE IMAGE NETWORK, INC, d/b/a Dover, Kohl & Partners AUTHORIZATON AND INSTRUCTION TO ENTER INTO CONTRACT WITH THE CITY OF MIAMhFLORIDA RESOLVED, that Joseph Kohl is hereby authorized and instructed to enter into a contract, in the name and on behalf of The Image Network, Inc. d/b/a Dover, Kohl & Partners, with the City of Miami upon terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. The Board of Directors met on the 19th day of September 2001 at which time this action was taken made effective. eph Kohl, Co .orate Secretary (Corporate Seal) Victor Dover, President NCI' Insurance Associates 4090 Laguna Coral Gables FL 3314E Phone:305-446-54/4 INBUAEO Fax:305-444-8796 Image NetN ork, Inc. Joseph Kohl 5879 Sunset Drive South Miami FL 33143 ACORD CERTIFIC.. iF OF LIABILITY INSi _ ,ANC , i iz/ o of Pf0DOCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED aY THE POLFCIES BELOW. INSURERS AFFORDING COVERAGE 'USUaERA. Nautilus Insurance Company INSURER D. INSURER C INSURER D I INSURER C COVERAGES 1 -0-. •'CYLICIE5 of INSURANCE LJSTCO BELOW I IAVL DCCN LSRUrr TO THE ENSURED RAMLC AHOVt -OK IF*. POLICY PER•00 PmICATEE. NOTV/ITI ISTANDIN( ANY RI-OUtRFMF NT 'EHM OH COW)Il ION OF ANY CONTRACT DR OTHER DOCUMENT WrTl1 RCSPCC.T TO WHICH THIS CERTIFICAI t MAY St ISSUED OR MAY Af RTA N Ti if INSUHANc'I. AF uJHUED ET I HE POLICIES DESCRIBED HEREIN I3 SLBJECT TO ALL THE TERMS_ EXCLUSIONS AND CCM/11;0MS OF SUCH PoLI!:R:S AGGfEC,ATC l BA.TS SI IC:'.YN MAY i.IAVF 9FEN REDUCED BY PAID CLAIMS ...... INSR LTA TYPE Of INSURANCE POLICY HINDER . -FbLCv6PFECTNE:POLICY EXPIRA71ON. DATE (MWDD.MI) 1 DATE (Mkt LIMITS GENERAL UAEPLiT Y EAG' OECD RREN:C ' S 1, 000 , 000 A I. X 1:U1MMERt;!ALLENERP:LIAB'LITY r NC15bg.4.7 I': A'M S MAGI- X ; fx'CUR I 10/30/01 10/30/02 flREC4lMRGC(M gem!rcl MED EX? IAr•y or••e rartoa) 450000 S 1 , 0 00 • e;f WL AGGREGATE LIMIT APP:-E.`, PCR •1 POLICYPRO __-._ I LOG I JCCT PtHSVNAL S AIN INJURY S Excluded • GENCRAI. naoRFF,ATF S 1, 000 , 000 ! PROD JCTS -COMP/OP AGC- S Excluded .. • AUTOM081LC LIABILITY ANY AUtU N. C11.4FRAU1%S . . S:I-MD/LED AUTOS ':OMRHffI SMIi: F : IM.I (tnAc^eE9,t11 HODILYINJURY ;Pei Prot.) NCR ( /' DAIIT.]$ . ( BDDILY INJURY (Par ar.cir iry) . �. FROPFRTY.OAMAR_ S ;Par accdrm' GARAGE LIABILITY ANY AJ'O . ALIIO ONLY • to ACCIUEN1 13 1:A A%C S CiHF,Ii YN.Ao ........ A.IU ONLY A :G S EXCESS LIA.RJTY I.CLAIMS MAUL ! nfnr:f.T1 i F Rt TENT'ON S FA.. OCCURRENCE 1 x AGGREGATE 1, 3 $ ' WORKERS COMPENSATION AND • EMPLOYERS' LIABILITY i I J. I1 Ian S, • FR _t ..... _ .... FI FAI;Ii nf,.Cirs NT E.L DISEASE- EA EMPLOYEE. $ , t1. Li1:?t ASt • 1-':J1!CY LIME I $ OTHER 1 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SP£ L4L PROVISIONS CERTIFICATE HOLDER IS THE ADDITIONAL INSURED WITH RESPECTS TO LIABILITY CERTIFICATE HOLDER Ly 1 ADDLTIONAL INSURED; INSURER LETTER, - CITYM-1 City of Miami Planning and Zoning Maria Nardi 444 SW 2nd Avenue 3th Floor Miami FL 33130 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATICi DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE YO THE CERTIFICATEI OLDER NAMED TO THE LEFT. BUT FAILURE TO DO S0 SMALL IMPOSE NO 0 =, ATION OR LIABILITY OF ANY KIND ON THE INSURER. I1 S AC'EN I S ROK EPRESENTA E . A� , AU THCRiiED -FAY 401F /�.;riLlAgL Shirt• on ACORO'2S-S'(7i87} 0 ORD CORPORATION 1.988 ZO•d 09E0 999 90E 5.4aul-JPd 'S LLIaN `..4an00 VtZ:60 iO-bZ-map ACORD_ CERTIFIC. "E OF LIABILITY JNSL' 4iVC MI NH °"r1 ,2a o1 PRODUCER ! THIS CERTIFICATE IS ISSUAD As A MATTER OF INFO3.MATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE NCF Insurance Associates HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4090 Laguna I ALTER THE COVERAGE AFFORDED EfY THE POLICIES BELOW. Coral Gables FL 33146 Phone : 305-446-54/4 Fax:305-444-8796 INSRED .. ...... - _ .. ..._ '_ . . . U Image Network, Inc. Joseph Kohl 5879 Sunset Drive South Miarro. FL 33143 INSURERS AFFORDING COVERAGE : INSURER A. Nautilus Insurance Company INSURER 0. -.-A INSURER C W SURCR D INSURER C COVERAGES -E.. '`LTLICIES Or INSURANCE LISTED BELOW IIAVC KEN ISSIWFO TO THE INSURED NAMt0 AHOYt EON IHE POLICY PEP.'001NDICATEr:. M TAIRI!STANDING ANY f.U01:IRFMFHT •ENM CI CLAN::!1ION 01' ANY CONTRACT DR OTTER 00CUMENT WITU RCSPCCT T/1 WIACH THIS CERTIFICAI t 4WY :t ISJUEO OR V,:Y FrlTA F -HF INSURANCE Ah-ONUtt EY I HE POLICES DESCRIBED HEREIN 15 SUBJECT TO n.L THE TCRMS. FXCLVSIONS AND COI-UI!:ONS JF $UCH 1'OLE;ItS AG:3REGA-C LIM.TS SI IC.vTh MAY “AVC AFEN RE0L" ED BY PAID CLAIMS rLTR TYPE OF INSURANCE POLICY NUMBER ' DATE (MWDDIYY) DATE (1 MlDDfYY) LIMITS GENERAL LIA91L IT A X !_UMMERoAL GENERA. _LIAB'LITY NC156541 C. /VM i MAi iF X ; 'OoR ' :,£N': tiGGRCGaATC LIMIT APP: CS PCR I -_. t•ULICY _..! JCCT .. LOC AUTOMOBILE _IAD1L:TY /11 irYvlFr:ALI'iS SCHEDULED A'J-C S -' :::'A. IQ5 `FCN CVNFP. Al T,)5 1-15751.ICv6FFEcrnE ' POLICY EXPIRATION, 10/30/01 EACP OCCURREb,C_ $ 1, 000 , 000 10/30/02 ' CIRCCYIMAGE(MI3.1f'`c) I a 50, 000 MF,G FX'', :.yro7l 5 1,000 PtHSL'NAL 6 PDV IN,;IJP.Y s Excluded GCKCSM ACIGRF..;ATF 3 1,000,000 PROD JCTS-coMr:orrAGG , S Excluded -.(:MRINFi: ;tB 5(:'rG4rAi BODILY INJURY S "Prr 1rt•.ur) BODILY INJURY ( Por arcxMrs) FROPTRTY DAMA ,_ 5 GARAGE LIABILITY EXCESS LIABILITY nALUN Ht1ENT ON 3 CLAIMS 5•Aut wORres5S CCUFENSA!ION AND EMPLO:'ERS LIABILITY OTHER AU1)+.:NTiY• Er. ACCIut41 ! C. FFP" $ C'JRR E NC.c. I .� acc:.-orGAIT 15 s S ;TAU. , �- E L DUIEASE • Ea EN17LCYEE 5 tL LNI::55$t 5 CESCRIPTION OF OPERATIONSILOCATIONSNS4ICLESJEXCLUSIOHS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER IS THE ADDITIONAL INSURED WITH RESPECTS TO LIABILITY CERTIFICATE HOLDER Y J ADDITIONAL INSURED::NSJRER LETTER: CITYM-1 City of Miami Planning and Zoning Maria Nardi 444 SW 2nd Avenue 3th FLoor Miami FL 33130 CANCELLATION SHOULD ANY or THE ABOVE DESCRISED POLICIES RE CANCELLED BEFORE THE EXPIRATIO4 DATE THEREOF. THE ISSUING ENSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NCT!CE TD THE CERTIFICATE HOLDER NAMED TO TY.E LEFT. 8UT FAILURE mac SO 59ALL IU''OSE No = AT10N OR 4:ABILITY OF ANY NI NO REPRESENTAE AU THCR:ZED 3hir1 -or. ACORO 25-S (7/97) ON THE IN$VREH. 11 5 GC EN IS ON ORD CORPORATION 1988 20"J 09E0 999 9OE saeuq-Aed 'g L'ga>1 `a.anop ei :60 TO--oz-CaO t- J .-DOTER, KOHL & PARTNERS TOWN PLANNING 1571 Sunset Drive Coral Gables, FL 33143 (305) 666-0446 FAX: 666-0360 Miami CRA To: Attn: Pracilla Kelsey 300 Biscayne Blvd. Way, Suite 430 Miami, FL 33131 1. 4..1_i!:Jl`1:.t:1��t A Description of Consulting Services: 1 1- 72-02 R04 : 5 RCVD Date: Invoice #: 10/17/2002 5936 uit V- bx4,(0.-tE, oJA/.. !,166.5,,,, : ty,voluA 1-()- Oi Lf(ci - VOICE W (17 ?7A) l q t '"( -izo-s' ( I 1 Arnount: Fees and reimbursables from 8/1/02 - 9/30/02 on the Southeast Overtown/Park West Community Redevelopment-t Rey, Master Plea Update. Project Director: 235 hours n $130.00/hr. Planner: 33 hours a $100.00/hr. Planner: 113 hours $100.00/hr. Planner: 12.50 hours (c� $100.00/hr. Planner: 42 hours @, $100.00/hr. Planner: 187.75 hours (cr. $100.00/hr. Planner: 300 hours L $100.00/hr. Subtotal: Reimhursables Parking In -House Printing Courier Service Subtotal: larN // 724,z, Thank you. ei-bY .'. hL E.: /� Ca ./id=%fe, " !.'1 v-t Yta33'4C? F/f1A'N/ ACCOUNT NO. ��OL _.. .�� r.t01. jj . MOUNT $'iC7M5*L 72 II / IT APPROVAL TITLE Please make checks payable to: LOVER, KOHL & PARTNERS Overdue accounts will be charged a late fee of 1.5% per month. 30,550.00 3,300.00 11,300.00 1,250.00 4,200.00 18,775.00 30,000.00 t 99,375.00 18.25 7,602.44 • 38.00 TOTAL AMOUNT DUE: $107,033.69 DOVER, KOHL & PARTNERS TOWN PLANNING 5879 Sunset Drive, Suite 1 South Miami, FL 33143 (305) 666-0446 FAX: 666-0360 Miami CRA To: Attn: Praci I la Kelsey 300 Biscayne Blvd. Way, Suite 430 Miami, FL 33131 Description of Consulting Services: "i-O2PO4:51 RCVD INVOICE r 0_ c•J 0.1 Date: Invoice #: 8/5/2002 5905 Fees for services from 7/1/02 - 7/31/02 on the Southeast Overtown/Park West Community Redevelopment Agency Master Plan Update �J Princial Time: 16 hours @ $225.00/hr. Project Director: 120 hours @ $130.00/hr. Designer: 8 hours @ $130.00/hr, Designer: 13 hours @ $130.00/hr. Planner: 3 hours a $100.00/hr. Planner: 2.5 hours @ $100.00/hr. Planner: 4 hours @ $100.00/hr. Planner: 128.75 hours @ $100.00/hr, Planner: 127.50 hours @ $100.00/hr. Planner: 33 hours @ $100.00/hr. Subtotal: yyMM =•LI . �2 J � DATE INITIAL 1+�f7G �r3r�ii5� EsSS L L 2 PTION/R2A, S'O.-64.s.r /� js r 773//9., �..ccOUNT NO. A. . . .. C3 VA TITLE Thank you. Please make checks payable to: DOVER, KOHL & PARTNERS Overdue accounts will be charged a late fee of 1, 5% per month. TOTAL AMOUNT DUE: Amount: 3,600.00 15,600.00 1,040.00 1,690.00 300.00 250.00 400.00 12,875.00 12,750.00 3,300.00 51,805.00 $51,805.00 -DOR NO. 18036 CHELr 07 /26 /2002 330631 PAY THE RDER • OF INVOICE NUMBER INVOICE DATE DESCRIPTION AMOUNT . DISCOUNT ., ;.' ,,crak: �kr44 x. NET AMOUNT 663 05/10/02SPt AREA PLAN/GRAM 13530_34 0.00 13530 . 872 O6/28/Ot2SERYICES RENDERED 108455.59. 0.00 108!,55.5,9 873 06/2•8IO2PROF SERVICES 69366.27 0.00 69361,.27 DOVER. XOHL & PARTNERS 191352_20 OLOO • 191352.-20 y of Miami +--- DETACH HERE —y oEBACiC k-twee EdictoN%AiN5,at*6simic;EiLV itilMARKar kiln-igtoatAiiAIUGI AV, 1y 5 Eccr.ce+,Ec 4'� \9�Fco �s INE:HUNDRED ',NI:$ETT .0NE THOUSAND THREE #3i AIDRED FI..T1• .1iHO 'DOLL.ARS AHD :2.0:.:CENTS 63-643 City of Miami P.O. Box 330708 Miami, FL 33233-0708 0Wh6/2.0i02 33 it 'o. .DOvER. tOHL :: & :..PARTNERS 40E KOHL 5879 : SUaS.ET-" D,RIVE ::SOl1TR....MIAMI. -F:L: 33143 VOID AFTER 6 MONTHS First Union National Bank of Florida MIAMI, FLORIDA 33131 • C'�Ys' 615Ay+�'@V>�anF�I' 670 330E31 *4 4 "35.2 20 . Il'330E,310 :D670c64321: 261lE, 31, ? sE.H. --faER, KOHL & PARTNERS TOWN PLANNING 5879 Sunset Drive, Suite 1 South Miami, FL 33143 (305) 666-0446 FAX: 6FA-0360 To: Miami CRA Attn: Pracilla Kelsey 300 Biscayne Blvd. Way, Suite 430 Miami, FL 33131 Description of Consulting Services: 04-iy-�`r. INVOICE Fees and reimbursables for the Services for the Southeast Overtown/Park West Community i Redevelpoment Agency Master Plan Update as of February 27, 2002- -- Hours from 227/2002 - 4/15/2002 Sergio Vazquez: l77 hrs. a $130/hr. Margaret Marshall: 59.75 hrs. a $l00/hr. Jeff Schroeck: 14.50 hrs. @ $100/hr. Overtime Hours from 2/27/2002 - 4/15/2002 Sergio Vazquez: 56.50 hrs. @ $195/hr. Reimbursables Reproduction and Supplies Postage and Overnight Mail In -House Printing Travel Thank you. Asa ;h C D t2c. Date: Invoice #.• 4/17/2002 5827 rp 4gi'v Wit'! e,•,_. PROJECT/INN DICE NOT ELIGIBLE FOR CDBG FU NL S/ ? EIMB RSEMENT Determine& Date. PAY,ZW"%, : r y, i P" 01"—§ ADDRESS DESCRIPTION/REASON «' cls � Pla,, tapesa{e. t1101 ACCOUNT N Acipoi T $ �J'1274t-C-77-6— ATEk/J APPROVAL TITLE Please make checks paya ble e to: DOVER, KOHL c4c PARTNERS Overdue accounts will be charged a late fee of 1. 5 % per month. TOTAL AMOUNT DUE: Amount: 23,010.00 5,975.00 1,450.00 30,435.00 11,017.50 11,017.50 434.10 19.58 23.21 6.00 482.89 $41,935.39 ER, KOHL & PARTNERS ,'TOWN PLANNING 5879 Sunset Drive, Suite 1 South Miami, FL 33143 (305) 666-0446 FAX: 666-0360 Miami CRA To: Attn: Pracilla Kelsey 300 Biscayne Blvd. Way, Suite 430 Miami, FL 33131 INVOICE Date: 7/1 /2002 Description of Consulting Services: • Fees and reimbursables for services from 4/16/02 - 6/30/02 on the Southeast Overtown/Park West Community Redevelopment Agency Master Plan Update Principal: 16 hours @ $225.00/hr. Project Manager: 273.50 « $130.00/hr. Planner: 267 hours @ $100.00/hr. Planner: 37 hours « $100.00/hr. Planner: 23 hours @ $100.00/hr. Planner: 178.50 hours « $100.00/hr. Planner: 135 hours «, $100.00/hr. Planner: 114 hours n $100.00/hr. Overtime hours from Project Manager: 35 Reimbursables 6/ 1/02 - 6/30/02 hrs. @SI95.00/hr. Postage and Overnight Mail Reproduction and Supplies Courier Service In-1-louse Printing Travel Please make checks payable to: DOVER, KOHL, & PARTNERS Overdue accounts will be charged a late fee of 1.5% per month. Subtotal: Subtotal: "J, y0 ICE: �, Yam. l r,;. E G.I Lim F 3-s IDc enT:i:)r .;?(. by: Subtotal: TOTAL AMOUNT DUE: • Invoice #: 5872 Amnount. 3,600.00 20,085.00 26,700.00 3,700.00 2,300.00 17,850.00 13,500.00 11,400.00 99,135.00 6,825.00 6,825.00 83.12 - 623.03 34.48 1,752.96 2.00 2,495.59