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HomeMy WebLinkAboutSEOPW CRA 2025-06-17 Agenda PacketCity of Miami 819 NW 2nd Ave 3rd Floor Miami, FL 33136 www.seopwcra.com Meeting Agenda Tuesday, June 17, 2025 10:00 AM City Hall 3500 Pan American Drive Miami, FL 33133 SEOPW Community Redevelopment Agency Christine King, Chair, District Five Miguel Angel Gabela, Board Member, District One Damian Pardo, Board Member, District Two Joe Carollo, Board Member, District Three Ralph "Rafael" Rosado, Board Member, District Four X k k******WW W:Y:Y****iiiiiii SEOPW CRA OFFICE ADDRESS: 819 NW 2ND AVENUE, 3RD FLOOR MIAMI, FL 33136 Phone: (305) 679-6800 www.seopwcra.com Southeast Overtown/Park West CRA Meeting Agenda June 17, 2025 CALL TO ORDER PUBLIC COMMENTS APPROVING THE MINUTES OF THE FOLLOWING MEETING(S): 1. Thursday, April 10, 2025 2. Thursday, April 24, 2025 CRA RESOLUTION 1. CRA RESOLUTION 17654 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED SEVENTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($75,000.00) ("FUNDS"), TO THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST, A LIMITED AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI ("CITY"), CREATED PURSUANT TO CITY ORDINANCE NO. 12859 IN 2006 ("LIBERTY CITY TRUST"), TO UNDERWRITE COSTS ASSOCIATED WITH THE 2025 YOUTH EMPLOYMENT PROGRAM ("PROGRAM"), WHICH PROVIDES EMPLOYABILITY AND FINANCIAL MANAGEMENT SKILLS TO LOW- INCOME AND AT -RISK YOUTH PURPOSE"); AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION, SUBJECT TO THE AVAILABILITY OF FUNDING, FROM ACCOUNT NO. 10051.920101.883000.0000.00000 — "OTHER GRANTS AND AIDS / NON-TIF REVENUE FUND"; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT, INCLUDING ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO COUNSEL; PROVIDING FOR THE INCORPORATION OF THE RECITALS AND AN EFFECTIVE DATE. File # 17654 - Backup 2025-05-22 File # 17654 - Backup City ofMianzi Page 2 Printed on 6/12/2025 Southeast Overtown/Park West CRA Meeting Agenda June 17, 2025 2. CRA RESOLUTION 17656 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), SELECTING WLS, L.C., D/B/A/ NAI MIAMI-FORT LAUDERDALE, A FLORIDA LIMITED LIABILITY COMPANY, AS THE SOLE PROPOSER IN RESPONSE TO REQUEST FOR PROPOSALS ("RFP") 25-01, TO SERVE AS PROPERTY MANAGER OF THOSE CERTAIN PROPERTIES OWNED BY THE SEOPW CRA, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE FORM ATTACHED, WITH THE SOLE PROPOSER, FOR WHICH TERMS MAY BE AMENDED BY THE EXECUTIVE DIRECTOR, ALL -IN FORMS ACCEPTABLE TO COUNSEL; PROVIDING FOR THE INCORPORATION OF RECITALS AND AN EFFECTIVE DATE. File # 17656 - Exhibit A 2025-05-22 File # 17656 - Backup 2025-05-22 File # 17656 - Exhibit A File # 17656 - Backup City ofMianzi Page 3 Printed on 6/12/2025 Southeast Overtown/Park West CRA Meeting Agenda June 17, 2025 3. CRA RESOLUTION 17655 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTORS RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AS ADOPTED BY THE SEOPW CRA, AND WAIVING SAID PROCEDURES FOR COMPETITIVE SEALED BIDDING, ALLOCATING ADDITIONAL FUNDING, IN AN AMOUNT NOT TO EXCEED TWO MILLION SEVEN HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($2,700,000.00) ("FUNDS"), FOR A TOTAL PROGRAM COST OF FOUR MILLION DOLLARS AND ZERO CENTS ($4,000,000.00), FOR THE CONTINUATION OF THE SEOPW CRA FAQADE BEAUTIFICATION AND WORK TRAINING PROGRAM ("PROGRAM"), FOR THE PURPOSE OF COMPLETING THE FA9ADE ENHANCEMENT OF EIGHTY-FIVE (85) TOWNHOMES BETWEEN NORTHWEST 5TH AVENUE TO NORTHWEST 7TH AVENUE, AND FROM NORTHWEST 10TH STREET TO NORTHWEST 11TH STREET ("CULMER TOWNHOMES"), AS WELL AS THE COMMERCIAL CORRIDOR TARGET ZONE OF NORTHWEST 3RD AVENUE, MIAMI, FLORIDA 33136 (COLLECTIVELY, THE "PROPERTIES"), UTILIZING THE APPRENTICESHIP LABOR PROVIDED BY GRADUATES OF THE CONSTRUCTION TRADES CERTIFICATE PROGRAM AT FLORIDA INTERNATIONAL UNIVERSITY'S MOSS SCHOOL OF CONSTRUCTION MANAGEMENT, A FLORIDA PUBLIC RESEARCH INSTITUTION ("FIU") ("PURPOSE"); AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION, SUBJECT TO THE AVAILABILITY OF FUNDING, FROM ACCOUNT NO. 10050.920101.883000.0000.00000 — "OTHER GRANTS AND AIDS"; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AGREEMENT(S), INCLUDING ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABL File # 17655 - Backup 2025-05-22 File # 17655 - Exhibit A File # 17655 - Backup File # 17655 - Notice to the Public City ofMianzi Page 4 Printed on 6/12/2025 Southeast Overtown/Park West CRA Meeting Agenda June 17, 2025 4. CRA RESOLUTION 17730 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "B," WITH HOOD DESIGN STUDIO, INC. ("H.D.S."), A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA, FOR MAJOR LANDSCAPE ARCHITECTURAL, REDESIGN AND IMPROVEMENT SERVICES ("PURPOSE") FOR THE NORTHWEST 9TH STREET PEDESTRIAN MALL, MIAMI, FLORIDA 33136 ("PROPERTY"), AUTHORIZED UNDER RESOLUTION NO. CRA-R-24-0031, INCREASING THE EXISTING CONTRACT VALUE, TO AN AMOUNT NOT TO EXCEED ONE MILLION NINE HUNDRED THIRTY-TWO THOUSAND THREE HUNDRED TWELVE DOLLARS AND ZERO CENTS ($1,932,312.00) ("FUNDS"), FOR A TOTAL AMOUNT NOT TO EXCEED TWO MILLION TWO HUNDRED THIRTY-TWO THOUSAND THREE HUNDRED TWELVE DOLLARS AND ZERO CENTS ($2,232,312.00), SUBJECT TO FUNDING AVAILABILITY AND PROCEEDS FROM THE SERIES 2025 BOND ISSUANCE; ALLOCATING FUNDS FROM ACCOUNT NO. 10050.920101.531000.0000.00000 - "SEOPW PROFESSIONAL SERVICES (OTHER)"; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ANY AND ALL DOCUMENTS, ALL IN FORMS ACCEPTABLE TO COUNSEL, SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING, THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE; PROVIDING FOR THE INCORPORATION OF RECITALS AND AN EFFECTIVE DATE. File # 17730 - Exhibit A File # 17730 - Exhibit B File # 17730 - Backup City ofMianzi Page 5 Printed on 6/12/2025 Southeast Overtown/Park West CRA Meeting Agenda June 17, 2025 5. CRA RESOLUTION 17731 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO COUNSEL, BETWEEN THE SEOPW CRA AND SHIRLENE INGRAHAM, AS TRUSTEE UNDER THE SHIRLENE INGRAHAM FAMILY TRUST, AND J.E.J PROPERTIES, INC. (COLLECTIVELY, THE "SELLER"), FOR THE ACQUISITION OF THE REAL PROPERTIES LOCATED AT 936 NORTHWEST 3RD AVENUE AND 950 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA 33136 (FOLIO NO. 01-3137- 035-0010) (COLLECTIVELY, THE "PROPERTIES"), CONTAINING AN APPROXIMATE TOTAL ADJUSTED AREA OF 3,826 SQUARE FEET, AS LEGALLY DESCRIBED, FOR A TOTAL PURCHASE PRICE NOT TO EXCEED THE APPRAISED VALUE OF THE PROPERTIES, CONTINGENT UPON THE SEOPW CRA OBTAINING A WRITTEN APPRAISAL FROM A LICENSED FLORIDA APPRAISER, PLUS THE COST OF A SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, AND RELATED CLOSING COSTS ASSOCIATED WITH THE ACQUISITION, PURSUANT TO SECTION 163.370, FLORIDA STATUTES, AND THE SEOPW CRA REDEVELOPMENT PLAN, WITH THE OPTION TO RE -PURCHASE THE PROPERTIES AT A LATER DATE ("PURPOSE"); AUTHORIZING COUNSEL TO ENGAGE MARLON A. HILL OF WEISS SEROTA HELFMAN COLE & BIERMAN, P.L., AS OUTSIDE COUNSEL, FOR THE REPRESENTATION OF THE SEOPW CRA ON ALL MATTERS RELATED TO A TITLE COMMITMENT AND POLICY, A PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORT (AND PHASE II, IF REQUIRED), A SURVEY, AND REPRESENTATION AT CLOSING; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO COUNSEL, FOR THE PURPOSE STATED HEREIN; PROVIDING FOR THE INCORPORATION OF RECITALS AND AN EFFECTIVE DATE. Adjournment City ofMianzi Page 6 Printed on 6/12/2025 2.1 SEOPW Board of Commissioners Meeting June 17, 2025 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King Date: June 12, 2025 and Members of the CRA Board File: 17654 From: James McQueen Executive Director Subject: Grant to Liberty City Community Revitalization Trust for Fiscal Year 2024-2025 — Youth Employment Pr Enclosures: File # 17654 - Backup 2025-05-22 File # 17654 - Backup BACKGROUND: A Resolution of the Board of Commissioners ("Board") of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), authorizing a grant, in an amount not to exceed Seventy -Five Thousand Dollars and Zero Cents ($75,000.00) ("Funds"), to the Liberty City Community Revitalization Trust, a limited agency and instrumentality of the City of Miami ("City") created pursuant to City Ordinance No. 12859 in 2006 ("Liberty City Trust"), to underwrite costs associated with the 2025 Youth Employment Program ("Program"), which provides employability and financial management skills to low-income and at -risk youth ("Purpose"). The Program, is an eight -week course from June 9, 2025 through August 1, 2025, with twenty-three (23) participants from the SEOPW CRA Redevelopment Area between the ages of fourteen (14) through eighteen (18) who will receive a stipend of Fifteen Dollars and Zero Cents ($15.00) per hour. The Program will engage with the youth demographic group from low-income and at -risk youth families of the Redevelopment Area, providing an opportunity to upskill participants and expand capabilities in areas of communication, financial management, resume writing, job search, career planning, and self- esteem. Learning and applying these skills are critical to succeeding in each participant's life, as these life skills are essential to enhancing quality of life, personal relationships, and employment. Upon completing the Program, participants will receive a certificate of completion. It is recommended that the Board of the SEOPW CRA approve and adopt this Resolution, authorizing the SEOPW CRA to allocate funds for the Purpose stated herein. JUSTIFICATION: Packet Pg. 7 2.1 Pursuant to Section 163.340(9), Florida Statutes defines "redevelopment" as "undertakings, activities, or projects" in a Redevelopment Area "for the elimination and prevention of the development or spread of slums and blight...." Section 2, Goal 4 of the 2018 Southeast Overtown/Park West Community Redevelopment Agency Plan Update (the "Plan") encourages the "creat[ion of] jobs within the community" as a stated redevelopment goal. Section 2, Goal 6 of the Plan lists "[i]mprov[ing] of quality of life for residents" as a stated redevelopment goal. Section 2, Principle 4 of the Plan reinforces that a "variety in employment opportunities" be made available to residents within the Redevelopment Area as a stated redevelopment principle. Lastly, Section 2, Principle 6 of the Plan insists that local businesses be promoted in order to "improve the neighborhood economy" and "expand the economic opportunities of present and future residents and businesses." FUNDING: $75,000.00 - from Other Grants and Aids — Non-TIF Account No. 10051.920101.883000.0000.00000. FACT SHEET: Entity name: Liberty City Community Revitalization Trust Address: 4800 N.W. 12t' Avenue, Miami, Florida 33127 Number of participants: 23 Funding request: $75,000.00 Term: June 9, 2025 - August 1, 2025 Stipend provided? Yes; a $15.00 per hour stipend to participants. Age range of participants: 14 — 18 Scope of work or services (Summary): The Youth Employment Program, is an eight -week course with 23 participants between the ages of 14 — 18, who will receive a stipend of $15.00 per hour. Participants will develop skills in career planning, communication skills, resume writing, job searching, and financial management, helping to boost self-esteem in essential areas of life. After completing the eight -week Program, participants will receive a certificate of completion. Page 2 of 5 Packet Pg. 8 2.1 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: June 17, 2025 CRA Section: Brief description of CRA Agenda Item: Authorizing a grant, in an amount not to exceed $75,000.00, to the Liberty City Community Revitalization Trust . Project Number YES, there Account Code: (if applicable): are sufficient funds in Line Item: 10051.920101.883000.0000.00000 Amount: $ 75 , 0 0 0.0 0 NO (Complete the following source of funds information): Amount budgeted in the line item: $ Balance in the line item: $ Amount needed in the line item: $ Sufficient funds will be transferred from the following line items: ACTION ACCOUNT NUMBER TOTAL Project No./Index/Minot Object From $ To $ From $ To $ Comments: Approved by: Approval: Executive Director 5/15/2025 J Executive Director 6/5/2025 /L r .� r\ Miguel A Val;;ntiri, Finance Officer 41/) .i i 1 41 �5/15/2025 Miguel A Valentin, F scarce Offlcer1- 6/5/2025 Page 3 of 5 Packet Pg. 9 2.1 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: File Number: 17654 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), AUTHORIZING A GRANT, IN AN AMOUNT NOT TO EXCEED SEVENTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($75,000.00) ("FUNDS"), TO THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST, A LIMITED AGENCY AND INSTRUMENTALITY OF THE CITY OF MIAMI ("CITY"), CREATED PURSUANT TO CITY ORDINANCE NO. 12859 IN 2006 ("LIBERTY CITY TRUST"), TO UNDERWRITE COSTS ASSOCIATED WITH THE 2025 YOUTH EMPLOYMENT PROGRAM ("PROGRAM"), WHICH PROVIDES EMPLOYABILITY AND FINANCIAL MANAGEMENT SKILLS TO LOW-INCOME AND AT -RISK YOUTH PURPOSE"); AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION, SUBJECT TO THE AVAILABILITY OF FUNDING, FROM ACCOUNT NO. 10051.920101.883000.0000.00000 — "OTHER GRANTS AND AIDS / NON-TIF REVENUE FUND"; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT, INCLUDING ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO COUNSEL; PROVIDING FOR THE INCORPORATION OF THE RECITALS AND AN EFFECTIVE DATE. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2018 Updated Southeast Overtown/Park West Community Redevelopment Plan ("Plan"); and WHEREAS, Section 2, Goal 4 of the Plan lists the "creati[on of] jobs within the community..." as a stated redevelopment goal; and WHEREAS, Section 2, Goal 6 of the Plan lists the "[i]mprove[ment of] the [q]uality of [1]ife for residents" as a stated redevelopment goal; and WHEREAS, Section 2, Principle 4 of the Plan provides that "employment opportunities be made available to existing residents ..." as a stated redevelopment principle; and WHEREAS, Section 2, Principle 6 of the Plan provides that to "address and improve the neighborhood economy and expand economic opportunities of present and future residents ..." as a stated redevelopment principle; and Page 4 of 5 Packet Pg. 10 2.1 WHEREAS, the Liberty City Community Revitalization Trust, a limited agency and instrumentality of the City of Miami ("City"), established in 2006 pursuant to City Ordinance No. 12859 ("Liberty City Trust"), has implemented a Youth Employment Program ("Program") that imparts financial empowerment to local youth through paid work assignments; and WHEREAS, the Program provides an eight (8) week course from June 9, 2025 through August 1, 2025 with twenty-three (23) participants from the SEOPW CRA Redevelopment Area between the ages of fourteen (14) through eighteen (18) who will receive a stipend of Fifteen Dollars and Zero Cents ($15.00) per hour; and WHEREAS, the Program will engage with the youth demographic group from low-income and at -risk families, providing an opportunity to develop employability and financial management skills and allow Overtown participants to learn how to apply such skills that are essential to enhancing the quality of life, personal relationships, and employment ("Purpose"); and WHEREAS, the Board of Commissioners wishes to authorize the allocation of a grant to Liberty City Trust, in an amount not to exceed Seventy -Five Thousand Dollars and Zero Cents ($75,000.00) ("Funds") for the Program; and WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the SEOPW CRA redevelopment goals and objectives; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Executive Director is hereby authorized to allocate the Funds, at his discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation from the Other Grants and Aids— Non-TIF Account No. 10051.920101.883000.0000.00000 to Liberty City Trust to further the Purpose stated herein. Section 3. The Executive Director is authorized to negotiate and execute an agreement, including any and all necessary documents, and all -in forms acceptable to the Counsel, for said Purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: W.43.1113,111.13Mr761111sel 6/5/2025 ounsel 5/15/2025 Page 5 of 5 Packet Pg. 11 2.1.b LIBERTY CITY TRUST Liberty City Community Revitalization Trust May 6, 2025 James McQueen, Executive Director Southeast Overtown/Park West Community Redevelopment Agency 819 NW 2nd Avenue 3rd Floor Miami, Florida 33136 Re: 2025 Youth Employment Program (YEP) Request for Funding Dear Mr. McQueen: Thank you for the opportunity to be considered for funding by the Southeast Overtown Community Redevelopment Agency ("CRA"). The Liberty City Trust is a quasi -public government organization created through the City of Miami Ordinance No. 12859 in 2006. Our office and contact information are as follows: Elaine Black, President/CEO c/o Charles Hadley Park 4800 NW 12th Avenue Miami, Florida 33127 Telephone No. (305) 329-4707 Email: eblac cr,miamigov.com The mission of the Liberty City Trust is to provide oversight and facilitate the City's revitalization efforts and activities. Our focus is housing, commercial and business development and improving the quality of life of the residents in which we serve. The Liberty City Community Revitalization Trust ("Liberty City Trust") is requesting $75,000.00 to support the 2025 Youth Employment Program ("YEP") which is designed to create pathways to employment, reduce poverty, and empower youth to become active contributors to their community. This program will employ 23 students from the Overtown community at the rate of $15 per hour. Present and Past History In 2015, the Liberty City Trust established a summer youth employment program ("YEP") to assure gainful employment and work experience for students ranging between the ages of 14 to 18. Students work for eight weeks in June through August in a variety of entry-level jobs in the nonprofit arena, private sector, and City of Miami Parks. For the past 18 years the Liberty City Trust has been committed to ensuring the residents of the Liberty City and surrounding areas thrive in having quality of life and benefit from opportunities offered through trusted sources that serve the community wherein they live. Attachment: File # 17654 - Backup (17654 : Grant to Liberty City Community Revitalization Trust for Fiscal Year 2024-2025 — Youth Employment Packet Pg. 12 2.1.b James McQueen, Executive Director Page 2 of 2 May 6, 2025 The YEP program has employed over 700 students, which provided (1) income to low- income families, (2) job experience, and (3) an outlet to keep youth out of trouble while school is out for summer recess. The goal of the YEP is to continue providing students with summer employment opportunities, combined, or integrated with building their individual strengths, targeting at risk youth by incorporating youth development principles for career development and workforce readiness. To date, the Liberty City Trust employed 60 youth from the Overtown community between 2022 and 2024 from prior funding through the CRA. Program Impact on Participants from Prior Years The YEP program serves as a testament to the importance of community -driven initiatives in empowering young individuals and preparing them for successful futures. Last year twenty (20) students were employed and received biweekly pay in the amount of $600.00. Their work experience was enhanced with 2 hours a week of classroom training that provided life skills and competencies. The Life Skills Coach was assigned to work with and evaluate each intern in: • Improving their employment, social and financial management skills. • Gaining a better understanding of human relations in the workplace. • Self Esteem • Resume Writing • Public Speaking • Writing skills • Job Search and Career Planning The program succeeded in imparting crucial life skills, fostering job readiness, and promoting community engagement among the participants. All 20 participants received their evaluation with a rating of 4 for meeting the work maturity skill independency with no supervision. Many reported improved confidences, communication skills, and a better understanding of career pathways. Several participants expressed a newfound sense of responsibility towards their community, and some even secured part-time jobs because of the program. The overall impact on the students of Overtown was positive. Should you have any questions or concerns, please do not hesitate to contact us at (305) 329-4707. We thank you in advance for your consideration of this summer youth program initiative for 2025. Sincerely, EQauie q. 'eacle Elaine H. Black President/ CEO Attachment: File # 17654 - Backup (17654 : Grant to Liberty City Community Revitalization Trust for Fiscal Year 2024-2025 — Youth Employment Packet Pg. 13 Attachments 2.1.b LIBERTY CITY TRUST y Revitalization Trust Program Details and Coursework We believe that the program is consistent with the mission and interest of the Liberty City Trust. The YEP will serve multiple purposes by preparing youth for the workplace. The program activities will implement workshops on job readiness, career exploration, financial literacy, life skills, and opportunities to continue education and social growth as indicated below: The workshops for the FY25 period will be as follows: Coursework Calendar June 9, 2025 - June 20, 2025 Orientation - Introduction to the program, worksites, and supervisors. June 23, 2025 - June 27, 2025 Self Esteem - Interns will learn about self-esteem through various exercises and assignments. June 30, 2025 - July 4, 2025 Resume Writing - Introduction to the fundamentals of resume building. July 7, 2025 - July 11, 2025 Speaking - Confidence in Speaking. Interns will work on speaking in public and create a 90 second elevator speech. July 14, 2025 - July 18, 2025 Financial Management (Guest) - Interns will learn the basics of managing their finances; from starting a bank account and depositing checks to using online banking and income taxes from a Finance Expert. July 21, 2025 - July 25, 2025 Writing, Application Completion and Answering written questions - Interns will review their YEP application and other applications. July 28, 2025 - Aug. 1, 2025 Job Search and Career Planning - Using all skills from the previous weeks to help the students define their career path and learn to use online job services to apply for a job. Attachment: File # 17654 - Backup (17654 : Grant to Liberty City Community Revitalization Trust for Fiscal Year 2024-2025 — Youth Employment Packet Pg. 14 2.1.b LIBERTY CITY TRUST Liberty City Community Revitalization Trust PROPOSED BUDGET REQUEST LIBERTY CITY TRUST 2025 YOUTH EMPLOYMENT PROGRAM Applicant Agency: Project Name: Tentative Start Date/End Date: Liberty City Trust 2025 Youth Employment Program June 9, 2025 to August 1, 2025 Salary - $55,200.00 Summer Interns - a temporary summer position which will provide program participant with the opportunity to work 20 hours per week for 8 weeks at the rate of $15.00 per hour. FICA Taxes/Unemployment (Fringes) $ 4,225.00 FICA will be paid for all salaries: $55,200 x .0765 - $4,222.80 Uniforms - $ 1,380.00 Summer Interns are provided with 5 Uniform T-Shirts to wears and bags. The cost of shirts is $12.00 (23 interns x 5-Tshirts x $12.00 per shirt). Payroll Fees - $ 1,780.00 Fees to process payroll Workshop Facilitator - $10,000.00 A temporary summer position for 8 weeks. This position will manage, and conduct curriculum implemented for program participants, as well as interfacing with worksite supervisors, monitoring, planning, evaluating, creation of a pictorial of the participants and follow up on progress during the program. Background Checks - $ 2,415.00 All program participants will go through a level II background check and drug testing. Drug testing and background check are mandatory for employment. Total Budget $ 75,000.00 Attachment: File # 17654 - Backup (17654 : Grant to Liberty City Community Revitalization Trust for Fiscal Year 2024-2025 — Youth Employment Packet Pg. 15 LIBERTY CITY TRUST Liberty City Community Revitalization Trust 2.1.b Attachment: File # 17654 - Backup (17654 : Grant to Liberty City Community Revitalization Trust for Fiscal Year 2024-2025 — Youth Employment Packet Pg. 16 2.2 SEOPW Board of Commissioners Meeting June 17, 2025 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King Date: June 12, 2025 and Members of the CRA Board File: 17656 From: James McQueen Executive Director Subject: Resolution Accepting Sole Response Enclosures: File # 17656 - Exhibit A 2025-05-22 File # 17656 - Backup 2025-05-22 File # 17656 - Exhibit A File # 17656 - Backup BACKGROUND: A Resolution of the Board of Commissioners ("Board") of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), with attachment(s), selecting WLS, L.C., d/b/a/ NAI Miami -Fort Lauderdale, a Florida Limited Liability Company ("Sole Proposer"), as the sole proposer in response to Request for Proposals (RFP) No. 25-01, to serve as property manager of those certain owned by the SEOPW CRA, as described in Exhibit "A," attached and incorporated herein, further authorizing the Executive Director to negotiate and execute a Professional Services Agreement ("Agreement"), in substantially the form attached, with the Sole Proposer, for which terms may be amended by the Executive Director, all -in forms acceptable to Counsel. On February 19, 2025, the SEOPW CRA issued RFP No. 25-01, in seeking a provider of property management services for the management of certain properties currently owned and managed by the SEOPW CRA. On March 26, 2025, the SEOPW CRA received only one proposal submitted by WLS, L.C., d/b/a/ NAI Miami -Fort Lauderdale, a Florida Limited Liability Company. It is recommended that Board accepts the sole response to RFP No. 25-01, and authorize the Executive Director to negotiate and execute an Agreement, in substantially the form attached, with the Sole Proposer. JUSTIFICATION: Pursuant to Section 163.340(9), Florida Statutes (the "Act") community redevelopment means "undertakings, activities, or projects of a ... community redevelopment agency in a community Packet Pg. 17 2.2 redevelopment area for the elimination and prevention of the development or spread of slums and blight.... Section 2, Goal 4 of the 2018 Southeast Overtown/Park West Community Redevelopment Agency Plan Update (the "Plan") lists the "creat[ion of jobs within the community" as a stated redevelopment goal. Lastly, Section 2, Goal 6 of the Plan lists "[i]mproving the [q]uality of [l]ife for residents" as a stated redevelopment goal. FUNDING: N/A. Page 2 of 5 Packet Pg. 18 2.2 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: June 17, 2025 CRA Section: Approved by: Executive Director Approval: I Miguel A Valcntiri, Finance Officer 5/15/2025 Miguel A ValcntirT, Firiarrce Officer 6/5/2025 5/15/2025 J Executive Director 6/5/2025 Page 3 of 5 Packet Pg. 19 2.2 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: File Number: 17656 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), SELECTING WLS, L.C., D/B/A/ NAI MIAMI-FORT LAUDERDALE, A FLORIDA LIMITED LIABILITY COMPANY, AS THE SOLE PROPOSER IN RESPONSE TO REQUEST FOR PROPOSALS ("RFP") 25-01, TO SERVE AS PROPERTY MANAGER OF THOSE CERTAIN PROPERTIES OWNED BY THE SEOPW CRA, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE FORM ATTACHED, WITH THE SOLE PROPOSER, FOR WHICH TERMS MAY BE AMENDED BY THE EXECUTIVE DIRECTOR, ALL -IN FORMS ACCEPTABLE TO COUNSEL; PROVIDING FOR THE INCORPORATION OF RECITALS AND AN EFFECTIVE DATE. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2018 Updated Southeast Overtown/Park West Community Redevelopment Plan ("Plan"); and WHEREAS, Section 2, Goal 4 of the Plan lists the "creat[ion of jobs within the community" as a stated redevelopment goal; and WHEREAS, Section 2, Goal 6 of the Plan encourages "improv[ing] the quality of life for residents" as a stated redevelopment goal; and WHEREAS, on February 19, 2025, the SEOPW CRA issued Request for Proposals ("RFP") 25 - 01 for the SEOPW CRA's property management services; and WHEREAS, on March 26, 2025, the sole proposal received was submitted by WLS, L.C., d/b/a/ NAI Miami -Fort Lauderdale, a Florida Limited Liability Company ("Sole Proposer"); and WHEREAS, the Executive Director wishes to accept the Sole Proposer's bid and execute a Professional Services Agreement ("Agreement"), for which terms may be amended by the Executive Director, in substantially the form attached; and WHEREAS, the SEOPW CRA has dutifully complied with Florida Statutes 163.370 (5); and WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the SEOPW CRA's redevelopment goals and objectives; and Page 4 of 5 Packet Pg. 20 2.2 WHEREAS, based on the recommendation and findings of the Executive Director, it is in the SEOPW CRA's best interest for the Board of Commissioners to authorize the Executive Director to execute an Agreement with the Sole Proposer, and any and all documents necessary, for which terms may be amended by the Executive Director, all -in forms acceptable to Counsel, for the Purpose stated herein; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board of Commissioners hereby authorizes the Executive Director to negotiate and execute an agreement with the Sole Proposer, and execute any and all documents necessary, for which terns may be amended, all -in forms acceptable to Counsel, for the Purpose stated herein. Section 3. The Executive Director is authorized to execute the Agreement, in substantially the form attached, including any and all necessary documents to effectuate said Agreement, all in forms acceptable to Counsel, for said Purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ounsel 5/15/2025 Page 5 of 5 Packet Pg. 21 EXHIBIT "A" 2.2.c PROFESSIONAL SERVICES AGREEMENT PROPERTY MANAGEMENT SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into as of this day of 2025 ("Effective Date") by and between the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public body corporate and politic created pursuant to Section 163.356, Florida Statutes, with a principle address of 819 N.W. 2nd Avenue, 3rd Floor, Miami, Florida 33136 ("SEOPW CRA"), and WLS, L.C., d/b/a NAI Miami/Fort Lauderdale, a Florida Limited Liability Company, having its principal place of business at 9655 South Dixie Highway, Suite #300, Miami, Florida 33156 ("Provider") (collectively, the "Parties"). RECITALS WHEREAS, the SEOPW CRA is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its redevelopment area ("Redevelopment Area") in accordance with the 2018 Updated Southeast Overtown/Park West Redevelopment Plan (the "Plan"); and WHEREAS, the SEOPW CRA currently owns, and/or leases, and manages the overall operation, repair and maintenance of certain properties ("Subject Properties") (See Exhibit "_"); and WHEREAS, the SEOPW CRA desires to enter into a Professional Services Agreement for Property Management Services with a company experienced in the leasing and management of commercial affordable residential rental properties, including single-family homes, multi- family homes, and apartments; and WHEREAS, on February 19, 2025, the SEOPW CRA advertised Request for Proposals No. 2025-01 Property Management Services for SEOPW CRA-Owned Residential Properties ("RFP 25-01") to select a property management services company for the full -service management of the Subject Properties, including, but not limited to, accounting, financial statement preparation, rent billing and collection, and payment of operating expenses ("Management Services"); and WHEREAS, in accordance with RFP 25-01, the Provider and sole proposer, submitted its proposal, expressing the desired capability, willingness and expertise to perform the Management Services, pursuant to RFP 25-01 and the City of Miami's ("City") requirements; and WHEREAS, on May _, 2025, the Board of Commissioners of the SEOPW CRA passed and adopted Resolution No. CRA-R-_- , authorizing the Executive Director to negotiate and execute this Agreement with the Provider on the terms and conditions set forth herein; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, SEOPW CRA and the Provider agree as follows: TERMS 1 Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 22 EXHIBIT "A" 2.2.c 1. RECITALS. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. CONTRACT DOCUMENTS. The following documents are incorporated into and made a part of this Agreement (collectively, the "Contract Documents"): a. SEOPW CRA RFP 25-01, attached and incorporated hereto as "Exhibit "; b. Provider's sole response to RFP 25-01, dated March 26, 2025 ("Proposal"), attached and incorporated hereto as "Exhibit _"); and c. Any additional documents relating hereunder. 3. TERM. The term of this Agreement shall commence on the Effective Date written above for an initial five (5) year period with an option for renewal for up to one (1) additional five (5) year period thereafter, subject to a mutual written agreement ("Initial Term"). Following the Initial Tenn, this Agreement shall revert a month -to -month Term -basis, until terminated by either Party. 4. SCOPE OF SERVICES. a. Provider agrees to provide the services specifically described in Exhibit "," attached hereto and incorporated herein ("Management Services"). b. Provider represents and warrants to the SEOPW CRA that the Management Services will be performed in the time and manner set forth in Exhibit"." c. The Provider agrees that it will not retain the services of subcontractors without obtaining the approval of the SEOPW CRA, which may be withheld in the SEOPW CRA's sole discretion. Notwithstanding the SEOPW CRA's approval rights hereunder, Provider acknowledges and covenants that it shall be responsible for all services performed by its subcontractors to the same extent as if Provider had provided said services. 5. COMPENSATION. a. Provider's Fee. The amount of compensation payable by the SEOPW CRA to Provider shall be based on the rates described in Exhibit "," however, that in no event shall the total amount of compensation, paid to Provider for the monthly management fees provided herein exceed Dollars and Cents ($ .00) per month. b. Invoice. The Provider shall send a monthly invoice to the SEOPW CRA, which shall be accompanied by a progress report of services rendered pursuant to Exhibit "", any report and/or summary prepared pursuant to Exhibit "," and any other supporting documentation required by the SEOPW CRA and in sufficient detail, to allow a proper audit of expenditures, should the SEOPW CRA require one to be performed. The Provider shall not submit more than one (1) request for payment month. Failure to provide reports and supporting documentation as requested by the SEOPW CRA shall result in funds being withheld until the Provider has complied with this provision. 2 Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 23 EXHIBIT "A" 2.2.c c. Method of Payment. All payments due hereunder shall be made within thirty (30) days after receipt of Provider's invoice. 5. SCOPE OF MANAGEMENT SERVICES. a. The Provider shall provide all required labor, supervision, materials, equipment, tools, transportation, services and expertise necessary for the provision of Management Services. Provider shall perform Management Services in accordance with that degree of care and skill ordinary exercised by reputable members of its profession. b. At its own expense, Provider will procure, maintain in effect and comply with all permits, licenses and other governmental and regulatory approvals required to be obtained by Provider in the provision of Management Services on the Subject Properties. c. Provider represents and warrants that: (i) Provider possesses all qualifications, licenses and expertise required in the provision of Management Services, including but not limited to full qualification and good standing to do business in the State of Florida with personnel fully licensed, as may be required by law; (ii) Provider is not delinquent in the payment of any sums due the City, including payment of permit fees, local business taxes, or in the performance of any obligations to the City; (iii) all personnel assigned to perform work at the Subject Properties shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Management Services will be performed in the manner as described in the Contract Documents for the budgeted amounts, rates and schedules; and (v) any party executing this Agreement on behalf of the Provider is duly authorized to execute same and fully bind Provider as a party to this Agreement. 6. AUDIT RIGHTS. The SEOPW CRA may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the SEOPW CRA to Provider under this Agreement, audit, or cause to be audited, those books and records of Provider which are related to Provider's performance under this Agreement. Provider agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. 7. AWARD OF AGREEMENT. Provider represents and warrants to the SEOPW CRA that it has not employed or retained any person or company employed by the SEOPW CRA 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. 8. OWNERSHIP OF DOCUMENTS AND MATERIALS. Provider understands and agrees that any information, document, report or any other material whatsoever which is given by the SEOPW CRA to Provider, or which is otherwise obtained or prepared by Provider pursuant to or under the terms of this Agreement is and shall at all times remain the property of the SEOPW 3 Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 24 EXHIBIT "A" 2.2.c CRA. The Provider agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the SEOPW CRA, which may be withheld or conditioned by the SEOPW CRA in its sole discretion. Upon termination of this Agreement for any reason whatsoever, Provider shall promptly return to the SEOPW CRA originals or copies of any and all records, files, notes, contracts, renderings, memoranda, reports, work product and similar items and any manuals, drawings, sketches, plans, tape recordings, computer programs, disks, flash drives, and other physical representations of any information relating to the SEOPW CRA or to the business of the SEOPW CRA provided however that Provider shall have no obligation to return or destroy any such information that may be contained on its disaster recovery backups or that is otherwise not readily accessible. 9. PUBLIC RECORDS. a. Provider understands that the public shall have access, at all reasonable times, to all documents and information pertaining to the SEOPW CRA contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the SEOPW 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 termination of this Agreement by the SEOPW CRA. b. Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the SEOPW CRA to perform this service; (2) provide the public with access to public records on the same terms and conditions as the SEOPW CRA would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the SEOPW CRA all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the SEOPW CRA in a format compatible with the SEOPW CRA's information technology systems. Notwithstanding the foregoing, Contractor shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. c. Should Provider determine to dispute any public access provision required by Florida Statutes, then Provider shall do so at its own expense and at no cost to the SEOPW CRA. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-679-6800, smanrique@miamigov.com, and 819 N.W. 2nd Avenue, 3' Floor, Miami, Florida 33136. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS. Provider understands that agreements between private entities and local governments are subject to certain 4 Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 25 EXHIBIT "A" 2.2.c laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. SEOPW CRA and Provider agree to comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, as may be amended from time to time. 11. SPECIFIC PERFORMANCE. In the event of breach of this Agreement by the SEOPW CRA, Provider may only seek specific performance of this Agreement and any recovery shall be limited to the amount set forth in Sections 4(a) of this Agreement. In no event shall the SEOPW CRA be liable to Provider for any additional compensation, other than that provided herein, or for any consequential or incidental damages, or attorney's fees. 12. LIMITATION OF LIABILITY. No officer, employee, agent, or principal, whether disclosed or undisclosed, of the SEOPW CRA shall have any personal liability with respect to any of the provisions of this Agreement. Any liability of the SEOPW CRA under this Agreement shall be subject to the limitations imposed by Section 768.28, Florida Statutes. 13. INDEMNIFICATION. Provider shall indemnify, defend and hold harmless the SEOPW CRA, the City of Miami, its officials, employees and agents (collectively referred to as "Indemnities") from and against any and all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees), causes of action, or liabilities (collectively referred to as "Liabilities") arising out of, resulting from, or in connection with: (i) the performance or non-performance 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 Provider or its employees, agents or subcontractors (collectively referred to as "Provider"); (ii) the failure of Provider to comply with any of the paragraphs here; (iii) the failure of 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; or (iv) the defense of any such claim or in the investigation thereof. Provider expressly agrees to indemnify and hold harmless the Indemnities, 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 Provider's liability to such employee or former employee would otherwise be limited to payment under state Workers' Compensation or similar laws. The Indemnification shall survive the cancellation or expiration of the Agreement. If, in the reasonable judgment of the SEOPW CRA, prevailing conditions warrant the provision by Provider of additional liability insurance coverage or coverage which is different in kind, the SEOPW CRA reserves the right to require the provision by Provider of an amount 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 Provider fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the SEOPW CRA's written notice, this Agreement shall be considered terminated on the date the required change in policy coverage would otherwise take effect. Upon such termination, the SEOPW 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 or incidental damages. 5 Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 26 EXHIBIT "A" 2.2.c 14. INSURANCE. Provider shall, at all times during the term hereof, maintain such insurance coverage as provided in Exhibit "," attached hereto and incorporated herein. All such insurance, including renewals, shall be subject to the approval of the SEOPW CRA or the City of Miami (which approval shall not be unreasonably withheld) for adequacy of protection and evidence of such coverage shall be furnished to the SEOPW CRA on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled, or materially changed during the performance of Services under this Agreement without thirty (30) calendar days prior written notice (or in accordance to policy provisions) to the SEOPW CRA. Completed Certificates of Insurance shall be filed with the SEOPW CRA, to the extent practicable, prior to the performance of Services hereunder, provided, however, that Provider shall at any time upon request by the SEOPW CRA file duplicate copies of the policies of such insurance with the SEOPW CRA. 15. 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 occurrence of a default hereunder, the SEOPW CRA, in addition to all remedies available to it by law, may immediately, upon written notice to Provider, terminate this Agreement whereupon all payments, or other compensation paid by the SEOPW CRA to Provider while Provider was in default shall be immediately returned to the SEOPW 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 Services within the time provided or contemplated herein, then, in addition to the foregoing, Provider shall be liable to the SEOPW CRA for all expenses incurred by the SEOPW CRA in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the SEOPW CRA in the re -procurement of Services, including consequential and incidental damages. 16. DISPUTES. Provider understands and agrees that all disputes between Provider and the SEOPW CRA based upon an alleged violation of the terms of this Agreement by the SEOPW CRA shall be submitted to the SEOPW CRA's Executive Director for resolution, prior to Provider being entitled to seek judicial relief in connection therewith. In the event the dispute involves the expenditure of funds in excess of Four Thousand Five Hundred Dollars and No Cents ($4,500.00), the decision of the SEOPW CRA's Executive Director shall be approved or disapproved by the SEOPW CRA's Board of Commissioners. Provider shall not be entitled to seek judicial relief unless: (i) it has first received the SEOPW CRA's Executive Director's written decision, approved by the SEOPW CRA's Board of Commissioners if the amount of compensation hereunder exceeds $4,500.00; or (ii) a period of sixty (60) days has expired, after Provider's submission of a detailed statement of the dispute, accompanied by all supporting documentation, to the SEOPW CRA's Executive Director (ninety (90) days if the SEOPW CRA's Executive Director's decision is subject to the SEOPW CRA's Boards' approval); or (iii) the SEOPW CRA's Board of Commissioners has waived compliance with the procedure set forth in this section by formal resolution of the Board. 17. SEOPW CRA'S TERMINATION RIGHTS. 6 Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 27 EXHIBIT "A" 2.2.c a. The SEOPW CRA shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Provider at least thirty (30) calendar days prior to the effective date of such termination. In such event, the SEOPW CRA shall pay to Provider compensation for services rendered and expenses incurred prior to the effective date of termination. Such payment shall be determined on the basis of the hours or the percentage of the total work performed by Provider up to the time of termination certified in accordance with the provisions of this Agreement. In the event partial payment has been made for professional services not performed, Provider shall return such sums to the SEOPW CRA within ten (10) days after receipt of written notice that said sums are due. In no event, shall the SEOPW CRA be liable to Provider for any additional compensation, other than that provided herein, nor for any consequential or incidental damages. b. SEOPW CRA may terminate this Agreement, with ten (10) days notice to Provider, upon the occurrence of an event of default hereunder. In such event, the SEOPW CRA shall not be obligated to pay any amounts to Provider and Provider shall reimburse to the SEOPW CRA all amounts received while Provider was in default under this Agreement. 18. FORUM. In case of any controversy or dispute arising out of this Agreement, both parties agree and accept to be subject to the jurisdiction and competence of the Administrative Authorities and Courts in Miami -Dade County Florida as the exclusive forum for such controversy or disputes forsaking any other jurisdiction which either party may otherwise be entitled to claim. 19. NON-DISCRIMINATION. Provider represents and warrants to the SEOPW 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. 20. CONFLICT OF INTEREST. a. Provider is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code, Section 2-11.1 et. seq.) and of the State of Florida as set forth in the Florida Statutes, and agrees that it will 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 SEOPW CRA. Provider further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to 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 SEOPW CRA. 7 Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 28 EXHIBIT "A" 2.2.c c. Provider shall decline proffered employment by another client(s) if the exercise of Provider's independent professional judgment on behalf of the SEOPW CRA, on any matter directly related to Services, will be or is likely to be adversely affected by the acceptance of such proffered employment; provided, however, that Provider may represent a client(s) with an interest adverse to the SEOPW CRA if the subject matter of such representation is not related to Services described in this Agreement and if the SEOPW CRA waives any conflict or alleged conflict with respect to such representation. Should the Provider request the SEOPW CRA's waiver of any conflict of interest, Provider shall provide the SEOPW CRA, in writing, all information pertaining to such potential conflict for the SEOPW CRA's evaluation. d. Provider shall not delegate the substantive obligations to be undertaken hereunder to any person or entity who exercises any functions or responsibilities on his/her personal behalf or on behalf of any other client(s) if the subject matter of such representation is related to Services and if such representation will or is likely to compete with the interests of the SEOPW CRA, or adversely affect the interests of the SEOPW CRA and the obligations undertaken by Provider hereunder. 21. ASSIGNMENT. This Agreement shall not be assigned by Provider, in whole or in part, without the prior written consent of the SEOPW CRA, which may be withheld or conditioned, in the SEOPW CRA's sole discretion. 22. 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 SEOPW CRA: James D. McQueen, Executive Director Southeast Overtown/Park West Community Redevelopment Agency 819 N.W. 2nd Avenue, 3rd Floor Miami, Florida 33136 Email: JMcQueen@miamigov.com With copies to: Vincent T. Brown, Esq., Staff Counsel Email: VTbrown@miamigov.com To Provider Jeremy S. Larkin WLS, L.C., d/b/a NAI Miami/Fort Lauderdale 9655 South Dixie Highway, Suite 300 Miami, Florida 33156 Email: jlarkin@naimiami.com 8 Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 29 EXHIBIT "A" 2.2.c 23. CHOICE OF LAW. This Agreement shall be construed and enforced according to the laws of the State of Florida. 24. CAPTIONS. The captions or headings of the Sections and other subdivisions hereof are inserted only as a matter of convenience or for reference and shall have no effect on the meaning of the provisions hereof 25. WAIVER. 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. 26. SEVERABILITY. Should any provision, paragraph, sentence, word or phrase 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, paragraph, sentence, word or phrase 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 or limitation of its use. 27. CONSTRUCTION. 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. 28. THIRD -PARTY BENEFICIARY. No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to make any such third party a beneficiary of this Agreement, or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. 29. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 30. INDEPENDENT CONTRACTOR. Provider has been procured and is being engaged to provide services to SEOPW CRA as an independent contractor, and not as an agent or employee of SEOPW CRA. Accordingly, SEOPW CRA 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 its classified or unclassified employees. Provider further understands that Florida Workers' Compensation benefits available to employees of SEOPW CRA are not available to Provider and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering Services to SEOPW CRA under this Agreement. 31. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability of funds, and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, or change in regulations. 9 Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 30 EXHIBIT "A" 2.2.c 32. MERGER. This Agreement 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. 33. AMENDMENT AND RESCISSION. This Agreement shall not be modified or rescinded except by written instrument setting forth such modification or rescission signed by all parties hereto. 34. FORCE MAJEURE. a. "Force Majeure" shall mean an act of God, epidemic, lighting, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of public enemy, or blockade, insurrection, riot, civil disturbance, or similar occurrence, which has a material effect adverse impact on the performance of this Agreement, and which cannot be avoided despite the exercise of due diligence. The term "Force Majeure" DOES NOT INCLUDE inclement weather (except as noted above) or the acts or omissions of subconsultants/subcontractors, third -party consultants/contractors' materialmen, suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by the definition set forth above. b. No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations, but the obligation of the party or parties relying on such Force Majeure shall be suspended only during the continuance of any inability so caused and for no longer period of said unexpected or uncontrollable event, and such cause shall, so far as possible, be remedied with all reasonable dispatch. c. It is further agreed and stipulated that the right of any party hereto to excuse its failure to perform by reason of Force Majeure shall be conditioned upon such party giving, to the other party or parties, written notice of its assertion that a Force Majeure delay has occurred as soon as practicable after the occurrence but not later than ten (10) working days after the occurrence, unless there exists good cause for failure to give such notice, in which event, failure to give such notice shall not prejudice any party's right to justify any non-performance as caused by Force Majeure unless the failure to give timely notice causes material prejudice to the other party or parties. 35. 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. 36. MISCELLANEOUS. a. In the event of any litigation between the parties under this Agreement, the parties shall bear their own attorneys' fees and costs at trial and appellate levels. b. Time shall be of the essence for each and every provision of this Agreement. c. All exhibits attached to this Agreement are incorporated in, and made a part of 10 Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 31 EXHIBIT "A" 2.2.c this Agreement. [Signature Page Follows] 11 Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 32 EXHIBIT "A" 2.2.c IN WITNESS WHEREOF, in consideration of the mutual entry into this Agreement, for other good and valuable consideration, and intending to be legally bound, the SEOPW CRA and the Provider have executed this Agreement on the day and year first above -written. ATTEST: SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, of the City of Miami, a public body corporate and politic created pursuant to Section 163.356, Florida Statutes ("SEOPW CRA") By: By: Name: Todd B. Hannon Name: James D. McQueen Title: Clerk of the Board Title: Executive Director APPROVED AS TO FORM AND APPROVED AS TO INSURANCE LEGAL SUFFICIENCY: REQUIREMENTS: By: By: Name: Vincent T. Brown, Esq. Name: Ann -Marie Sharpe Title: Staff Counsel Title: Director of Risk Management WITNESSES: Sign Name: Print Name: Address: Sign Name: Print Name: Address: 12 WLS, L.C., a Florida Limited Liability Company ("Provider") By: Name: Title: Managing Member Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 33 EXHIBIT "A" 2.2.c Property Management Services • Enhance property value by maximizing operations. • Establish and implement an operating budget. • Develop and implement renovation and/or expansion programs. • Develop and implement a formalized property maintenance and improvement plan. • Maintain businesslike relations with tenants whose service requests shall be received, considered and acted upon promptly. • Initiate ClickPay, an online collection portal, and create procedures to collect base rent and additional rent and take such action as may be necessary to collect any such sums. • Cause the building, equipment and landscaping to be maintained, including interior (where applicable) and exterior cleaning, painting, and such normal maintenance and repair work as is necessary. • Initiate Avid, our online solution to automating the Accounts Payable functions permitting 24/7/365 accessibility, functionality and transparency. • Notify ownership in the event a property condition arises requiring major repairs or replacement, or repairs required by state or local law, ordinance or government regulation. • Enter into contracts for gas, fuel, pest extermination, fire safety and, where applicable, elevator service, office cleaning, security, HVAC maintenance and other services, as necessary. • Upon request from ownership, assist in the placement of insurance with such coverage and in such amounts as may be appropriate for the property. • Prepare and file all returns for unemployment insurance, workers compensation insurance, and social security for all of Agent's employees, if any, that are employed by Agent or the Property as on -site employees. • Maintain a complete set of records, books and accounts in its standard manner, with all records available for examination at all reasonable hours. No later than the thirtieth (30th) day of each month, for the prior month, Agent shall send a monthly income and expense statement to all ownership. The financial books and records shall either be maintained on a fiscal or calendar year basis as dictated by the City. if a fiscal year is selected, it is presumed the year end will coordinate with the City's September 30 fiscal year end. • Establish and implement the annual reconciliation of operating expenses (NNN expenses) as required pursuant to the terms of each tenant's lease commencing with the initial operating year of each lease. • Prepare a quarterly physical property condition report detailing deficiencies in the common area or storefronts and recommend protocols to address any deficient item. • Prepare an annual operating budget to either be maintained on a fiscal or calendar year basis as dictated by the City. Once approved, implement revised monthly tenant payments based on the new budget amounts. Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 34 E I Ti" Property Managemen er16vceAs" Specific steps which will be undertaken after the successful awarding and execution of the Professional Services Contract will be: Physical Plant • Work in conjunction with all stakeholders to identify all deferred maintenance items, needed capital projects and urgent repairs, if any. • Create an estimate of all items and assign an urgency level (immediate, near term, medium term, long term). • Assist in creating a long-term plan to eliminate deferred maintenance, complete capital projects and initiate an organized plan to insure timely replacement of major components. Review all historical records and reports. • Review all statements, and related operating agreements to insure actual and statutory compliance. Budgeting & Financial Operations • Create a 2025 operating budget, if not yet prepared. • If the 2025 operating budget is prepared, review the budget in detail. • Generate monthly financial statements including budget to actual comparative analysis. • Insure reasonable and proper allocation of shared expenses based on formulas recommended to and approved by all stakeholders. Lease Administration 2.2.c • Review each lease and its related abstract for accuracy. • If no abstract is available, create a lease abstract. • Create lists of exclusive uses. • Create a list of prohibited uses. • Create a tenant contact list. • Verify property zoning and existence of overlay or entertainment districts. • Define the process, obtain the records and initiate the annual reconciliation process for each year for all operating expenses for each tenant. Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 35 EXHIBIT "A" Commercial Leasing Overview Develop new marketing materials which will include: • • • • • • • • • New leasing signage added to the propertyin strategic locations New website Full color brochure Floor plans with dimensions Site plan showing existing uses Aerial photo map Detailed demographics report Detailed consumer demand report Drone images of aerial views Market Awareness — Availability of Information: • Ensure all information is available and accessible in as many platforms as possible including LoopNet, CoStar, MLS, CREXI, Apartments.com, Zillow.com, Realtor.com, Trulia.com, etc. • Monthly individual and collaborative eblast flyer distribution • Social media exposure on three platforms: LinkedIn, Instagram, and Facebook Direct Marketing: • Direct mail or email with personal telephone follow-up to targeted restaurant and retail users • Periodic email notification of project's current availability Regular outreach to all local chambers of commerce and similar entities • Regular outreach to state and local government agencies • Marketing outreach through the SEOPW CRA's web site advertising space availability. Tenant Procurement • Create master letter of intent form. • Create or update credit application package. • Create or update initial business plan form. • Create or update initial capital budget form. Tenant Letter of Intent Negotiations 2.2.c • Prepare letters of intent based on market prices and terms approved by the CRA. • Coordinate the negotiation of the letters of intent to arrive at mutually agreeable terms and conditions. • Obtain all of prospect's financial and operating background. • Providing guidance and recommendations to the CRA to approve or reject a prospect. Tenant Lease Negotiations • Assist the SEOPW CRA attorney's office in lease preparation consistent with the agreed upon terns of the letter of intent. • Coordinate the lease negotiation to arrive at mutually agreeable lease terms and conditions. • Advise on current typical and usual lease terns and conditions in the private sector. • Advise prospect on unique lease terms and conditions required by municipal entities. • Providing guidance and recommendations to the CRA to approve or reject a lease. - Obtain execution of the lease document and work with the CRA to provide all required information to governing board for final lease approval. Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 36 EXHIBIT "A" Residential Leasing Overview This will consist of: • Creating an application tailored to the CRA's specifications. • Contracting with a third -party vendor to process and score the applications. • Create a standardized information list needed for lease applications. • Use the standard FBAR Apartment Leasing contract for all apartment units. • Follow all applicable State of Florida and Miami Dade County rules and regulation concerning leasing and apartments. • Assist the CRA in setting up an informational portal for availability of apartments. • Set up an advertising program based on the CRA's guidelines. • Advertise in Apartments.com, Zillow.com, Realtor.com, Trulia.com as well as social media platfonns like Linkedln, Instagram, and Facebook. 2.2.c Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 37 EXHIBIT "A" Construction Management Overview 2.2.c NA1 Miami Fort Lauderdale will supervise construction bidding in an effort to obtain the best possible prices from architects, engineers and general contractors. Thereafter, we will oversee the construction of interior, exterior and capital improvements to guarantee the building owner receives the maximum possible quality of work on a timely basis. Construction management fees shall only be charged for projects in excess of $10,000.00. Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 38 EXHIBIT "A" 2.2.c Fee Structure Pricing • Monthly Management Fees: On Site Personnel (One Property Manager & One Assistant Property Manager) One -Time Start Up Fee: Retail/Office/Commercial: Residential: Jobs Less Than Or Equal To $10,000.00 In Value: Jobs More Than $10,000.00 In Value: $8,000.00 per month $11,250.00 per month estimated. Actual monthly charges will vary. Paid. New leases: 6.00% of base rent for primary term. Minimum: $1,000.00 Renewals: 3.00% of base rent for primary term* Minimum: $500.00 New leases: $800.00 per lease Renewals: $400.00 per lease * Must be under current written lease. 8.00 % of Value TBD for a monthly fixed fee for the project's duration. Term An initial five (5) year period and may be renewed for up to one (1) additional five (5) period thereafter, subject to the mutual written agreement of both parties. Services Full -service management, accounting, financial statement preparation, rent billing and collection and payment of all operating expenses. Excluded items are preparation of tax returns. See management agreement for details. Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 39 EXHIBIT "A" 2.2.c Subject Properties 1. 155 N.W. loth Street 2. Town Park Plaza North, 1990 N.W. 4th Court 3. Twin Homes, 1900 N.W. 2nd Court 4. St. John's Church Buildings a. Office Building, 2 story b. Mixed use, retail/apartments c. Church building 5. Lyric Point 6. Black Police Precinct Museum,480 N.W. 1 lth St. 7. and other acquired properties in the future. 9 unit apartment 23 condominium units 1 duplex 4 units 2 retail units, 2 apartments Retail — Sublease and management Museum Attachment: File # 17656 - Exhibit A (17656 : Resolution Accepting Sole Response) Packet Pg. 40 Christine King Board Chair James D. McQueen Executive Director SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS SEOPW CRA PROPERTY MANAGEMENT SERVICES RFP NO: 2025-01 ISSUE DATE: Wednesday, February 19, 2025 Addendum No. 2 TO: ALL PROSPECTIVE PROPOSERS: The following are changes to the original Request for Proposals published, in this case, updating the Proposal Submission deadline and drop-off location (Main page, Section II, Section C, and Section VI). *NOTE: Any proposals submitted at 1490 NW 3rd Ave, Suite 106, Miami, FL 33136 will be considered, and you do not need to submit another proposal. 1. Main Page ISSUE DATE Wednesday, February 19th, 2025 VOLUNTARY PRE -PROPOSAL MEETING Wednesday, February 26th, 2026, 1 '1: ROAM EST QUESTION SUBMITTAL DEADLINE Wednesday, March 5th, 2026, 5:00PM EST PROPOSAL SUBMISSION DEADLINE Wednesday, March 26th, 2025, 3:00PM EST SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY 819 NW 2rd Avenue, 3rd Floor I Miami, FL 33136 (305) 679-6800 wwwr.seopwcra.com Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 41 2.2.d Christine King Board Chair RFP OVERVIEW James D. McQueen Executive Director RFP Issued Wednesday; February 19th, 2025 Pre -Proposal Meeting Date and Location Attendance is VOLUNTARY and recommended but is not mandatory. is Wednesday February 26th; 2025, at 11:0OAM EST In person at: The Office of the City Clerk City of Miami 3500 Pan American Drive Miami. FL 33133 Southeast Overtown Park Wevt SEOPW CRA 1190 NW 341Avenue, Suite 106, Miami; FL 33136 Question Submittal Deadline Wednesday; March 5, 2025 at 5:OOPM EST Questions must be submitted in writing via email to: David Chiverton, Administrator_ dchivertonjmiamigov. com Proposal Submission Due Date and Location Wednesday; March 264-2, 2025, at 3:O0PM EST Drop -Off or Mail Proposals to: The Office of the City Clerk City of Miami 3500 Pan American Drive Miami, FL 33133 Southeast Overtown'Park We,.,t SEOPW CRA Attention: David Chiverton 1,190 NW 3 Avenue, Suite 106, Miami, FL 33136 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY 819 NW 2"d Avenue, 3rd Floor l Miami, FL 33136 (305) 679-6800 l wwwr.seopwcra.com Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 42 Christine King Board Chair 3. C. Proposal Submission Due Date and Location 4. James D. McQueen Executive Director A complete Proposal for this RFP shalt be delivered (by hand or via mail) in accordance with the following: Proposal Submission Due Date: Wednesday, March 266, 2025, by 3:00PM EST. Proposal Submission Location: The Office of the City Clerk City of Miami 3500 Pan American Drive Miami. FL 33133 1490 YA 31 VI. Southeast DvertownIPark West SEOPW EVALUATION AND SELECTION A. Evaluation and Selection Procedures Sealed proposals may be submitted to the The Office of the City Clerk City of Miami 3500 Pan American Drive Miami, FL 33133 Couch east Oye rtowri/Park i est SEOPW CRA Off ce �.A 6f5 hIW '3rd Avenue, Su.te 1 CE. Miami, FL 331-36-uIli l3:00PM EST on Wednesday, March 2612", 2025. SEOPW CRA Staff will open the END OF ADDENDUM All attachments (if any) are available on the SEOPW CRA website at: www.seopwcra.com. SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY 819 NW 2rd Avenue, 3rd Floor I Miami, FL 33136 (305) 679-6800 I www.seopwcra.com Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 43 2.2.d SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (SEOPW CRA) REQUEST FOR PROPOSAL (RFP) SEOPW CRA NO. 2025-01 PROPERTY MANAGEMENT SERVICES FOR SEOPW CRA-OWNED RESIDENTIAL PROPERTIES ISSUE DATE Wednesday, February 19th, 2025 VOLUNTARY PRE -PROPOSAL MEETING Wednesday, February 26th, 2025, 11:OOAM EST QUESTION SUBMITTAL DEADLINE Wednesday, March 5th, 2025, 5:OOPM EST PROPOSAL SUBMISSION DEADLINE Wednesday, March 26th, 2025, 3:OOPM EST CONTACT DAVID CHIVERTON, ADMINISTRATOR - OVERTOWN BUSINESS RESOURCE CENTER SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY dchiverton@miamigov.com 786-616-8997 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 44 2.2.d Table of Contents I. INVITATION 3 II. RFP OVERVIEW 4 III. PROPERTY INFORMATION 5 IV. PROPERTY MANAGEMENT SERVICES 7 V. PROPOSER'S MINIMUM QUALIFICATION AND EXPERIENCE REQUIREMENTS AND PROPOSAL SUBMITTAL REQUIREMENTS 9 VI. EVALUATION AND SELECTION 15 VII. GENERAL TERMS AND CONDITIONS 17 VIII. DISCLOSURE AND DISCLAIMERS 20 2 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 45 2.2.d I. INVITATION The Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is seeking proposals from qualified providers specializing in leasing and management of affordable residential rental properties, including single-family homes, multi -family homes, and apartments, to provide property management services for SEOPW CRA-owned affordable residential rental properties ("Property Management Services"), more specifically described in Article III and Article IV of this RFP. Any submitted Proposal must clearly address and contain all items and forms requested. The SEOPW CRA reserves the right to accept any Proposal deemed to be in the best interest of the SEOPW CRA, to waive any minor irregularities, scrivener's errors, omissions, deviations, and/or technicalities in any Proposal(s), or to reject any or all Proposal(s), and to re -advertise for new Proposal(s). Proposers are advised that Proposals submitted with irregularities, omissions, errors, deviations, and/or technicalities that, at the sole discretion of the SEOPW CRA, do not meet the minimum requirements of the RFP, may result in a non -responsive determination. Proposers will not be given the opportunity to cure any irregularity, omission, error, deviation, and/or technicality. It is at the sole discretion of the SEOPW CRA to waive or not waive any irregularity, omission, error, deviation, and/or technicality. The SEOPW CRA is vested by the State of Florida pursuant to its powers under Florida Statutes, Chapter 163, Part III, the Community Redevelopment Act of 1969 as amended, with the authority to request proposals for the redevelopment of any area within its District to effectuate redevelopment pursuant to the goals and objectives of the SEOPW CRA Redevelopment Plan. Proposals will be evaluated based on the procedures and criteria stated within Article VI of this RFP. The SEOPW CRA intends to negotiate an Agreement for Property Management Services upon the award of this RFP to a Proposer that best satisfies the evaluation criteria, and the selection of that Proposer is deemed to serve in the best interest of the SEOPW CRA. Proposers are required to submit one (1) original hard copy of their full Proposal in a hard cover binder, "Request for Proposals SEOPW CRA No. 2025-01, Property Management Services for SEOPW CRA- Owned Residential Properties. All Proposals shall be delivered (mailed or hand -delivered) to the SEOPW CRA at: Southeast Overtown/Park West SEOPW CRA — 1490 NW 3rd Avenue, Suite 106, Miami, FL 33136 Phone: (786) 616-8997 The responsibility for submitting a Proposal at the correct location on or before the stated time and date is solely and strictly that of the Proposer. The SEOPW CRA is not responsible for any delayed, late, misdelivered, or non -delivered Proposal(s), no matter the cause. 3 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 46 2.2.d RFP OVERVIEW RFP Issued Wednesday, February 19th, 2025 Pre -Proposal Meeting Date and Location Attendance is VOLUNTARY and recommended but is not mandatory. is Wednesday February 26th, 2025, at 11:OOAM EST In person at: The Office of the City Clerk City of Miami 3500 Pan American Drive Miami, FL 33133 Question Submittal Deadline Wednesday, March 5, 2025, at 5:OOPM EST Questions must be submitted in writing via email to: David Chiverton, Administrator_ dchiverton@miamigov.com Proposal Submission Due Date and Location Wednesday, March 26, 2025, at 3:OOPM EST Drop -Off or Mail Proposals to: The Office of the City Clerk City of Miami 3500 Pan American Drive Miami, FL 33133 Evaluation Committee TBD SEOPW CRA Board Meeting TBD • The SEOPW CRA reserves the right to advance or delay the above scheduled dates. • Mailed Proposals will be considered timely when received by the SEOPW CRA at the stated Location on or before the stated Due Date. All Proposals will be timestamped by the SEOPW CRA when received. Proposals not received by the SEOPW CRA by the Due Date at the stated Location shall not be reviewed or considered by the SEOPW CRA. BROADCAST All documents related to this RFP, including any addenda, can be obtained from the SEOPW CRA's website www.seopwcra.com. Proposers who obtain solicitation information from sources other than those named above are cautioned that the RFP package may be incomplete and incomplete Proposal submittals may be deemed non -responsive by the SEOPW CRA. The SEOPW CRA is not responsible for errors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites. CONTACT PERSON Any questions regarding the RFP documents and/or solicitation process must be submitted in writing 4 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 47 2.2.d to David Chiverton, Administrator at dchivertown@miamigov.com. Questions must be received prior to the Question Submittal Deadline. Oral explanations, information, and instructions shall not be considered binding on the SEOPW CRA. All prospective Proposers are encouraged to independently verify the accuracy of any information provided. Neither the SEOPW CRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any Proposer. 5 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 48 2.2.d III. PROPERTY INFORMATION The SEOPW CRA plays an active role in addressing and meeting the affordable housing needs of the current and projected population within the SEOPW CRA District. The SEOPW CRA owns residential rental properties including single-family homes, multi -family homes, and apartments, which are available to individuals, families, and seniors that the SEOPW CRA aims to keep affordable for the long-term. The properties for which the Successful Proposer will be providing Property Management Services, hereinafter known as the Subject Properties, are described below, including any applicable rental restrictions. SUBJECT PROPERTIES: 1. 155 NW 10th Street 2. Town Park Plaza North, 1990 NW 4th Court 3. Twin Homes, 1900 N.W. 2nd Court 4. St. John's Church Buildings a. Office Building, 2 story b. Mixed use, retail/apartments c. Church building 5. Lyric Point 6. Black Police Precinct Museum,480 NW 11th St. 7. and other acquired properties in the future 6 9-unit apartment condominium units 1 duplex 4 units 2 retail units, 2 apartments Retail — Sublease and management Museum Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 49 2.2.d IV. PROPERTY MANAGEMENT SERVICES A. Objective The SEOPW CRA intends to enter into a Property Services Management Agreement (Agreement; with a provider specializing in the leasing and management of affordable residential rental properties including single family homes, multi -family homes, and apartments. The Property Management Services will assist in furthering the goals and objectives of the SEOPW CRA, particularly the SEOPW CRA's goals and objectives that support affordable housing initiatives, as contained in the SEOPW CRA's Redevelopment Plan. Proposers must propose Property Management Services for all the Subject Properties to be considered responsive by the SEOPW CRA. B. Property Services Agreement (Agreement) The Agreement will be negotiated between the Successful Proposer (a Proposer who is awarded an Agreement by the SEOPW CRA Board) and the SEOPW CRA. The specifications, terms, and conditions of the Agreement will be subject to the mutual written agreement of both parties. Subject to SEOPW CRA Board approval, the term of the Agreement between the SEOPW CRA and the Successful Proposer will be for an initial five (5) year period and may be renewed for up to one (1) additional five (5) period thereafter, subject to the mutual written agreement of both parties. Expenses incurred by the SEOPW CRA as the Property Owner during the term of the Agreement, including, but not limited to property insurance, real estate taxes, legal fees, etc., will be paid by the Successful Proposer (Lessee). C. Lessee's/Successful Proposer's Responsibilities The responsibilities of the Lessee include, but are not limited to, the following: To manage and maintain units, advertise units, to lease units, to perform screening of prospective tenants in conformance with SEOPW CRA policies, to prepare leases, to execute new leases, to renew and/or cancel existing leases, to collect rents and deposits, to institute and prosecute actions and recover possession of leased units and rents due and/or to settle, compromise, or reinstate tenancies when in the best interest of the SEOPW CRA, to hire, discharge, and pay all administrators, janitors, and other employees, to make all necessary repairs and replacements in a timely manner, to enter in all agreements for utility services, supplies, and maintenance, to pay all related repair, replacement, maintenance, and utility bills, maintain ongoing contracts for security, monthly pest control, landscaping, elevator (if applicable), and fire inspections, to manage and maintain operating account for expenses and use all funds collected pursuant to the Agreement, to provide quarterly financial and property reports, to pay property taxes and property insurance (the Lessor shall pay as the Property Owner and shall be reimbursed by the Lessee), to have an employee available 24 7 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 50 2.2.d hours a day, seven (7) days a week during the entirety of the term of the Agreement, to establish procedures for tenant complaints and requests, to notify the SEOPW CRA of all paid invoices that are paid on behalf of the SEOPW CRA as the Owner of the Subject Properties. The Lessee's Responsibilities will be more particularly described within the Agreement between the Successful Proposer and the SEOPW CRA. D. Lessor's/Property Owner's/SEOPW CRA's Responsibilities The responsibilities of the Lessor include, but are not limited to the following: To refer prospective tenants who contact the SEOPW CRA to the Lessee, to provide Lessee with copies of all current lease agreements that will be assigned to the Lessee, to provide Lessee with keys and access to units, to provide Lessee with copies of warranties and contracts related to the Subject Properties, to maintain and pay for property insurance on Subject Properties and pay property taxes for the Subject Properties (which shall be reimbursed to the Lessor by the Lessee). The Lessor's Responsibilities will be more particularly described within the Agreement between the Successful Proposer and the SEOPW CRA. E. Assignment of Existing Leases The existing lease agreements between the SEOPW CRA and any current tenants, or between the current property management provider (on behalf of the SEOPW CRA) and any current tenants, shall be assigned to the Lessee/Successful Proposer during the term of the Agreement. THIS SECTION IS INTENTIONALLY BLANK. 8 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 51 2.2.d V. PROPOSER'S MINIMUM QUALIFICATION AND EXPERIENCE REQUIREMENTS AND PROPOSAL SUBMITTAL REQUIREMENTS The following information and documents must be submitted with each Proposal. Failure to provide any of the information or documents, or failure to provide the information in the required format, may be cause for determination that the Proposer is non -responsive, at the sole and absolute discretion of the SEOPW CRA. Proposals deemed non -responsive may be disqualified, rejected, and receive no further consideration at the sole and absolute discretion of the SEOPW CRA. Proposers must submit all documents and forms as required- fully completed and signed. Proposers shall prepare their Proposal utilizing the same format as outlined below in Article V, Section B, Proposal Submission Format. Each Proposal must contain a "Table of Contents" and each item listed within the Table of Contents must be separated by labelled tabbed divider. The Proposer shall submit one (1) original hard copy of the full Proposal containing in a hard cover binder, and one (1) electronic, searchable .pdf file of the full Proposal on a USB drive. Double -sided printing is permitted, provided that the Proposal complies with the format set forth in Article V, Section B, Proposal Submission Format. Do not include additional information not requested in this RFP, unless specified in an Addendum. Proposers are not to submit any information in response to this RFP that has not been specifically requested or which the Proposer considers confidential. Submission of any confidential information will be deemed a waiver of any confidentiality or other such protection, which would otherwise be available to the Proposer, except as specifically permitted under the State of Florida Statutes. The submission of such documentation may adversely affect the evaluation of the Proposal by the Evaluation Committee. This RFP requires the use and submission of specific SEOPW CRA forms. The SEOPW CRA forms shall not be expanded or altered. Failure to utilize the SEOPW CRA's forms will result in the rejection of the Proposal as non- responsive at the sole and absolute discretion of the SEOPW CRA. The SEOPW CRA reserves the right to validate any and all information submitted by a Proposer. At its sole and absolute discretion, the SEOPW CRA may disqualify any Proposer if the SEOPW CRA determines that their Proposal does not sufficiently document qualifications and experience. Further, at its sole and absolute discretion, the SEOPW CRA may request and require that additional information be provided by a Proposer. The Proposal must be manually and duly signed by an authorized agent with an original signature in full. Anyone signing the Proposal as an agent, must submit evidence of signature authority with it. Proposers understand that submitting a Proposal to this RFP does not constitute an agreement between the SEOPW CRA and the Proposer. Proposer has no contract right or expectation by submitting to the SEOPW CRA a response to this RFP. The following describes the information that must be provided to the SEOPW CRA in order for the SEOPW CRA to consider a Proposal. Failure of the non-profit entity to provide any of the information or failure to provide the information in the required format may be cause for the SEOPW CRA to reject the Proposal. The SEOPW CRA retains the right at its sole and absolute discretion to reject any Proposal that does not meet the requirements of this RFP. 9 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 52 2.2.d A. Proposal Requirements 1. Table of Contents: The Table of Contents should follow in sequential order as specified in Article V, Section B, Proposal Submission Format. All pages of the Proposal must be consecutively numbered and correspond to the Table of Contents. 2. Proposer's Information: Proposers shall complete and submit the Proposal Acknowledgment Form provided in Article IX, Required Forms. 3. Narrative: Proposers shall include a general introduction statement, and a brief overview and description of the non-profit entity. In addition, Proposers shall provide a thorough explanation of its qualifications and experience managing similar affordable residential rental properties and why it is the most qualified to provide the required Property Management Services to the SEOPW CRA. 4. Proposal: Proposals shall include a thorough explanation of the Property Management Services that the Proposer will provide to the SEOPW CRA and for the Subject Properties. Proposals shall also include a thorough explanation of how the Proposer intends to provide the Property Management Services and fulfill the Lessee's Responsibilities. Proposers should include all information they believe would be beneficial for the Evaluation Committee to consider when reviewing the Proposer's Proposal. 5. Qualifications of the Proposer: Proposers shall be licensed and authorized to conduct business in the State of Florida for the last five (5) years under its current business name (current business name means the actual official name on file with the State of Florida of the entity submitting the Proposal). Proposers shall provide the necessary documentation to support the above. Additionally, Proposers shall provide the following information within their Proposal: • Description of the Proposer's entity, including the legal organizational structure and copies of appropriate certifications and licenses. • Provide a copy of its City of Miami Business Tax Receipt. 10 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 53 2.2.d • The full name, address, and phone number of the Proposer. Additionally, a complete list of the Proposer's Board of Directors including names, addresses and phone numbers and the name of the Proposer's Executive Director. If the Proposer is affiliated with another entity, please provide a statement representing the nature of the affiliation along with the other entity's name, address, phone number, and a listing of that entity's Board of Directors. • Proposers must make available for inspection at its place of business, a current (audited, if available) financial statement which includes a balance sheet, a three-year statement of past income, and a projected one-year income statement for the current fiscal year for the Proposer (and its parent entity if it is a subsidiary). Tax returns may be substituted for financial statements. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the Proposer to provide the required Property Management Services must be disclosed. • Proposer must submit a detailed disclosure of any prior or pending bankruptcies and legal and/or administrative actions which occurred during the past ten (10) yearswith the Proposal including case style, case number, where case was filed, nature of the case, and case disposition status. Note: The Successful Proposer must provide their own work facilities and support staff to provide the required Property Management Services for the term of the Agreement. Note: The Successful Proposer must have sufficient insurance coverage in types and amounts, as required and approved by the SEOPW CRA, to be in force at the time the Agreement takes effect, and the Successful Proposer must maintain the insurance for the term of the Agreement. The SEOPW CRA shall be named as an additional insured on all applicable policies. 6. Experience of the Proposer: Proposers MUST have a minimum of five (5) years of experience as a Property Manager specializing in the leasing and management of affordable residential rental properties, including single-family homes, multi -family homes, and apartments. Proposers shall provide the following information concerning the relevant experience of the Proposer as a Property Manager of affordable residential properties, including experience leasing and managing residential properties for seniors and residential properties with leasing restrictions, and the Proposer's Key Employees who will be directly involved in executing the Property Management Services: • Information on the Proposer's Key Employees, which shall include leasing agents, management personnel, and an onsite resident manager, and what these Key Employees' roles and responsibilities will be as they relate to the Subject Properties. If Key Employees have not been selected, Proposers must describe its method of selection and general approach to the hiring and development of the Key Employees as it relates to the Subject Properties. • Information on any Sub -Consultants that the Proposer has or will have a contract with, other than the employees of the Proposer, who assist in the performance of the Property Management Services required under this RFP. 11 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 54 2.2.d • Proposers shall provide a minimum of three (3) examples of existing affordable residential rental properties under their ownership and/or management, similar in size, scope, and complexity as the Subject Properties described in this RFP. Submitted examples shall include the name and address of the property, years under the Proposer's ownership or management, a brief description of the property, including number of units, number of residents, and any rental restrictions, and a brief description of the services provided by the Proposer. • Proposers shall provide a minimum of three (3) references. Submitted references shall include the reference's name, address, phone number, any comments from the reference, and the reference's signature and date signed. The SEOPW CRA reserves the ability to contact submitted references. 7. Financial Information: Proposers shall provide a preliminary budget and project pro forma for the proposed Property Management Services. The Proposer must provide a copy of its most recent financial statements, which shall include a current (audited, if available) financial statement, a balance sheet, and a projected one- year income statement for the current fiscal year for of the Proposer and their partner(s), if applicable. The SEOPW CRA reserves the right to conduct its own research, investigation, background checks, and credit checks on the proposing entity, and its officers, agents, and representatives. B. Proposal Submission Format Proposers shall prepare and submit their Proposals in the format below. Failure to comply with this format may result in the Proposal being deemed non -responsive. All original hardcopy Proposal submissions shall be bound in a hard cover binder and tabbed, and all electronic Proposal submissions need to be in bookmarked and searchable .pdf file format on a USB drive. To ensure that all Proposals can be evaluated on an equitable basis, this RFP requires each Proposer to provide the required information in a prescribed format and organization. Required Proposal Submission Format: o Table of Contents o Proposer's Information • Proposal Acknowledgement Form o Narrative o Proposal o Qualifications of the Proposer • All information requested as listed in Article V, Section A of this RFP. o Experience of the Proposer • All information requested as listed in Article V, Section A of this RFP. • Property Reference Forms (minimum of three (3)) • Proposer Reference Form (minimum of three (3)) o Financial Information • Preliminary Budget and Project Pro Forma • Requested Financial Information 12 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 55 2.2.d o RFP Required Forms ■ Conflict of Interest Disclosure Form ■ Scrutinized Companies Certification Pursuant to Florida Statutes § 287.135 ■ Notification of Public Entity Crimes Law ■ Notification of Public Records Law ■ Drug -Free Workplace ■ Non -Collusion Affidavit C. Proposal Submission Due Date and Location A complete Proposal for this RFP shall be delivered (by hand or via mail) in accordance with the following: Proposal Submission Due Date: Wednesday, March 26, 2025, by 3:OOPM EST. Proposal Submission Location: The Office of the City Clerk City of Miami 3500 Pan American Drive Miami, FL 33133 Proposals must be submitted in a sealed package and clearly marked on the outside with: RFP SEOPW CRA NO. 2025-01 PROPERTY MANAGEMENT SERVICES FOR SEOPW CRA-OWNED RESIDENTIAL PROPERTIES Proposals received at any other location than the aforementioned, or after the Proposal Submission Due Date, shall be deemed non -responsive, and shall not be considered. The responsibility for submitting a Proposal at the correct location before the stated Due Date is solely and strictly that of the Proposer. The SEOPW CRA is not responsible for any delayed, late, misdelivered, or non -delivered Proposal(s), no matter the cause. Proposals not received by the SEOPW CRA by the Due Date at the stated Location shall not be reviewed or considered by the SEOPW CRA and will be returned to the Proposer unopened. D. Additional Submittal Guidelines It is the policy of the SEOPW CRA that as a condition of award of an Agreement, the Successful Proposer and all sub-consultants/sub-contractors obtain a City of Southeast Overtown Park West Business Tax Receipt. It is the sole responsibility of Proposers to supply copies of all required Business Tax Receipts. 13 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 56 2.2.d E. Changes/Modifications/Alterations to Submitted Proposals A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal or withdraw a Proposal at any time prior to the Proposal Submission Due Date. All modifications or withdrawals shall be made in writing to David Chiverton, Administrator, via email at dchiverton@miamigov.com. Oral/Verbal modifications are prohibited, and they will be disregarded. Written modifications will not be accepted after the Proposal Submission Due Date. The SEOPW CRA will only consider the latest version of the Proposal. THIS SECTION IS INTENTIONALLY BLANK. 14 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 57 2.2.d VI. EVALUATION AND SELECTION A. Evaluation and Selection Procedures Sealed proposals may be submitted to the The Office of the City Clerk City of Miami 3500 Pan American Drive Miami, FL 33133 until 3:OOPM EST on Wednesday. March 26th. 2025. SEOPW CRA Staff will open the Proposals immediately after that time and review them for responsiveness and compliance with submission requirements, including verification that each Proposal includes all information, documentation, and forms required. SEOPW CRA Staff is responsible for the review of all Proposals for responsiveness before distributing them to the Evaluation Committee. However, responsiveness determinations may be made at any time prior to contract reward. Proposers are advised that Proposals submitted with irregularities, omissions, errors, deviations, and/or technicalities that, at the sole discretion of the SEOPW CRA, do not meet the minimum requirements of the RFP, may result in a non -responsive determination. Proposers will not be given the opportunity to cure any irregularity, omission, error, deviation, and/or technicality. It is at the sole discretion of the SEOPW CRA to waive or not waive any irregularity, omission, error, deviation, and/or technicality. At any time during the evaluation process, the SEOPW CRA may conduct any investigations, inquiries, or any other action it deems necessary to fairly review a Proposal. The SEOPW CRA will establish an Evaluation Committee to review and score all responsive Proposals in accordance with the requirements of this RFP and criteria listed below. The Evaluation Committee will determine whether a Proposer is responsible, has the capacity to fully perform the Property Management Services as stated in this RFP, and has the integrity and reliability that will ensure good faith performance. SEOPW CRA Staff will calculate the total score for each responsive Proposal reviewed and scored by the Evaluation Committee. The Evaluation Committee may shortlist Proposers deemed the most highly qualified to perform the required Property Management Services and ask those Proposers to hold brief oral presentations at a later date. After oral presentations with the shortlisted Proposers, the Evaluation Committee will re- evaluate and re -score the Proposals, in conjunction with the oral presentations. SEOPW CRA Staff will calculate the final score for each shortlisted Proposer and finalize the composite scores. Please note that the Evaluation Committee does not need to request oral presentations. For this reason, each Proposer should ensure that its Proposal contains all the information and documentation requested in this RFP. The final scores will be forwarded to the SEOPW CRA Executive Director. If the SEOPW CRA Executive Director determines that there are any scoring irregularities, errors, deviations, technicalities, or any issue that may result in unfair scoring of the proposals, the SEOPW CRA Executive Director, in her sole and absolute direction, may request that the Evaluation Committee reconvene and rescore the Proposals. After which, the SEOPW CRA Executive Director will place the RFP onto a SEOPW CRA Board meeting agenda and the SEOPW CRA Board will have the following options: 15 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 58 2.2.d a) Accept the Evaluation Committee's scores and the SEOPW CRA Board may elect to award one (1) Agreement to one (1) Proposer that covers Property Management Services for all the Subject Properties; or 16 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 59 2.2.d b) Reject the Evaluation Committee's scores and select the Proposer that the SEOPW CRA Board believes will serve in the SEOPW CRA's best interests; or c) Cancel the RFP at any time, and/or reject all submitted Proposals, and/or direct SEOPW CRA Staff to re- issue the RFP. The SEOPW CRA reserves the right to negotiate such terms and conditions with the Successful Proposer as it is determined to be in the SEOPW CRA's best interest, which is determined at the SEOPW CRA's sole and absolute discretion. In the event a contract is not negotiated to the SEOPW CRA's satisfaction, the SEOPW CRA may abandon such negotiations, and at its sole and absolute discretion, may commence negotiations with the next ranked Proposer. However, the SEOPW CRA is under no obligation to enter or continue contract negotiations with any Proposer. All Proposers should be familiar with the requirements of Florida Statutes Chapter 163.380 to which this solicitation is subject. Any and all decisions by the SEOPW CRA to modify the schedule described herein, to request additional information from Proposers, to reject insufficient or unclear Proposals, to formulate an objective point system for review, to form the Evaluation Committee, to calculate the scores of the proposals, to negotiate an agreement, to abandon negotiations, to approve an agreement, etc., shall be at the SEOPW CRA's sole and absolute discretion. The SEOPW CRA reserves its right to cancel this RFP at any time, and/or reject all submitted Proposals, and/or re -issue the RFP. Submittal of a Proposal to this solicitation on the part of any and all Proposers constitutes acceptance of this policy. B. Evaluation Criteria Proposals have the possibility to receive a total maximum of 100 points. Proposals will be reviewed and scored by the Evaluation Committee according to the following requirements and respective weight: REQUIREMENTS POINTS Qualifications the Proposer (including References) 25 Points Experience of the Proposer (including References) 35 Points Proposer's Narrative 15 Points Proposer's Proposal 25 Points 17 100 Total Points Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 60 2.2.d VII. GENERAL TERMS AND CONDITIONS A. Inspection of Site Any interested party may arrange, by appointment, to visit the Subject Properties that will require the Property Management Services that are the subject of this RFP. Please contact David Chiverton, Administrator, at (786) 616-8997 or via email: dchiverton@miamigov.com to schedule an appointment. Potential Proposers should carefully examine the Subject Properties before submission of a Proposal and make all necessary investigations to inform themselves thoroughly as to all difficulties involved in the completion of all services required pursuant to the mandates and requirements of this RFP. No plea of ignorance of conditions or difficulties that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the Property Management Services pursuant to the Proposal as a result of failure to make the necessary examinations and investigations, will be accepted as an excuse for a failure or omission on the part of the Successful Proposer to fulfill, in every detail, all of the requirements, as defined in the subsequent Agreement, nor will they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. B. Cone of Silence/No Lobbying As to any matter relating to this RFP, any Proposer, team member, or anyone representing a Proposer is advised that they are prohibited from contacting or lobbying the SEOPW CRA Chair, any SEOPW CRA Commissioner, SEOPW CRA Staff, or any other person working on behalf of the SEOPW CRA on any matter related to or involved with this RFP. For purposes of clarification, a Proposer's representatives shall include, but not be limited to, the Proposer's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the Proposer and the Proposer's team. There will be an opportunity for inquiries to be made of SEOPW CRA Staff during the scheduled Voluntary Pre -Proposal Meeting. All inquiries must be in writing and directed to the Administrator, David Chiverton at (dchiverton@miamigov.com). Any violation of this condition may result in rejection and/or disqualification of the Proposer. This "Cone of Silence/No Lobbying" is in effect from the date of issuance of this RFP and shall terminate at the time the SEOPW CRA Board selects a Proposer and awards an Agreement, rejects all Proposals, or otherwise acts which ends the solicitation process. C. Questions Questions and inquiries concerning this RFP and the specifications contained herein shall be submitted in writing via email to David Chiverton, Administrator, at dchiverton@miamigov.com no later than Monday, March 1 , 2025, 5:00 PM EST. Late or misdelivered questions may not receive a response in a subsequent addendum. Any discrepancies, errors, or ambiguities in the RFP or addendum (if any) should also be reported in writing. If applicable, the SEOPW CRA will issue a written addendum to the RFP clarifying such conflicts or ambiguities. It is agreed that any such alleged discrepancies, errors, or omissions will not be construed against the drafting party. 18 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 61 2.2.d SEOPW CRA Staff will issue responses to timely received questions and any other clarifications the SEOPW CRA deems necessary via written addendum prior to the Proposal Submission Due Date. Proposers should not rely on any representations, statements, or explanations other than those made in this RFP and in any written addendum to this RFP. Oral explanations, information and instructions shall not be considered binding on the SEOPW CRA. Neither the SEOPW CRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any Proposer. Where there appears to be conflict between the RFP and any addendum issued, the last addendum issued shall prevail. Any issued addendum will only be made available on the SEOPW CRA webpage, www.seopwcra.com. It is the Proposer's sole responsibility to ensure its review and receipt of all addend um(s). D. Agreement Terms and Conditions Proposers should note that certain provisions contained within a potential Agreement with the SEOPW CRA are non-negotiable. These include, without limitation, applicability, and compliance with applicable laws (e.g., Federal Statutes, State Statutes, County and City Codes), venue, hold harmless, duty to defend, indemnity and insurance, and cancellation for convenience or due to lack of funding by the SEOPW CRA. E. Award of Agreement An Agreement may be awarded to the Successful Proposer for the Project by the SEOPW CRA Board. The SEOPW CRA reserves the right to execute or not execute, as applicable, an Agreement with the Successful Proposer, when it is determined to be in the SEOPW CRA's best interest. The SEOPW CRA does not represent that any award will be made. The award and execution of an Agreement shall comply with the SEOPW CRA's Purchasing Policies, and the terms and specifications stated herein. F. Unauthorized Work The Successful Proposer shall not begin work until the SEOPW CRA issues a written Notice to Proceed ("NTP"). Such NTP shall constitute the SEOPW CRA's authorization to begin work. Any unauthorized work performed by the Successful Proposer, prior to receiving the NTP, or during the term of the Agreement, shall be deemed non-compensable by the SEOPW CRA. The Successful Proposer shall not have any recourse against the SEOPW CRA for prematurely performing any unauthorized work. G. Sub-Contractor(s)/Sub-Consultant(s) For purposes of this RFP, the terms "Sub -Consultant" and "Sub -Contractor" are used interchangeably. A Sub -Consultant or Sub -Contractor is any individual, firm, entity, or organization, other than the employees of the Proposer, who has or will have a contract with the Proposer to assist in the performance of the Property Management Services required under this RFP. A Sub - Consultant shall be paid directly by the Proposer and shall not be paid directly by the SEOPW CRA. The Proposer must clearly identify in its Proposal the Sub -Consultants to be utilized to perform the Property Management Services. The SEOPW CRA retains the right to accept or reject any Sub 19 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 62 2.2.d Consultant proposed in accordance with Article V, "Proposer's Minimum Qualification and Experience Requirements and Proposal Submittal Requirements," or proposed prior to execution of the Agreement. All liabilities regarding the use of a Sub -Consultant shall be borne solely by the 20 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 63 2.2.d Successful Proposer, and insurance for each Sub -Consultant must be approved by the SEOPW CRA and maintained in good standing throughout the duration of the Agreement. Neither the Successful Proposer nor any of its Sub -Consultants are considered employees, partners, affiliates, or agents of the SEOPW CRA. Failure to list all Sub -Consultants and provide the required information may disqualify any unidentified Sub -Consultants from performing work under this RFP. Proposers shall include in their Proposal the requested Sub -Consultant information. H. Insurance The SEOPW CRA reserves the right to ensure and require that the insurance coverages provided by the Successful Proposer are proper and that the insurers are licensed or otherwise qualified to do business in the State of Florida. If at any time during the term of the Agreement, the SEOPW CRA should determine that it is in its best interests to insist on an alternative insurance provider, it may do so, and the Successful Proposer agrees to comply with the SEOPW CRA's decision. The SEOPW CRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of a contract and any extensions thereof. The SEOPW CRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the firms' behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. I. Protest A recommendation for award or rejection of award may be protested by a Proposer through filing a type -written protest with the SEOPW CRA office. The Proposer shall file its type -written protest with the SEOPW CRA, Monday through Friday, between the hours of 8:00 AM EST and 5:00 PM EST, excluding legal holidays. Protests shall contain the name, address, and phone number of the petitioner, name of the petitioner's representative (if any), and the title and number of the solicitation. Additionally, the protest shall be signed by an authorized agent of the Proposer and notarized. The protest shall specifically describe the subject matter, facts giving rise to the protest, and the action requested from the SEOPW CRA. The protest shall be limited to 15 type -written pages. The written protest must be received within three (3) business days from the time of initial posting of the intended award. Notice of Intent to Award shall be posted on the SEOPW CRA's website, www.seopwcra.com. Failure to file a timely formal written protest within the period specified shall constitute a waiver by the Proposer of all rights of protest. The letter of protest shall be accompanied by a non-refundable protest application fee of five thousand dollars ($5,000). The protest application fee must be a cashier's check, a certified check, or an attorney's trust account check made payable to the City of Miami Southeast Overtown/Park West Community Redevelopment Agency. Failure to provide the required protest application fee shall deem the protest as incomplete and invalid. THIS SECTION IS INTENTIONALLY BLANK. 21 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 64 2.2.d VIII. DISCLOSURE AND DISCLAIMERS This RFP is being issued by the SEOPW CRA. As more fully set forth in this RFP, any action taken by the SEOPW CRA in response to Proposals made pursuant to this RFP, or in making any award or failure or refusal to make any award pursuant to such Proposals, or in any cancellation of award, or in any withdrawal or cancellation of this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the SEOPW CRA. In its sole and absolute discretion, the SEOPW CRA may withdraw this RFP either before or after receiving Proposals, may accept or reject Proposals, and may accept Proposals which deviate from this RFP. In its sole discretion, the SEOPW CRA may determine the qualifications and acceptability of any Proposer submitting Proposals in response to this RFP. Following submission of a Proposal, the Proposer agrees to promptly deliver such further details, information and assurances including, but not limited to, financial and disclosure data, relating to the Proposal and/or the Proposer, including the Proposer's affiliates, officers, directors, shareholders, partners and employees, as requested by the SEOPW CRA. The information contained herein is provided solely for the convenience of Proposers. It is the responsibility of a Proposer to assure itself that the information contained herein is accurate and complete. Neither the SEOPW CRA, nor its representatives, provide any assurances as to the accuracy of any information in this RFP. Any reliance on the contents of this RFP, or on any communications with SEOPW CRA representatives shall be at each Proposer's own risk. Proposers should rely exclusively on their own investigations, interpretations and analyses in connection with this matter. This RFP is being provided by the SEOPW CRA without any warranty or representations, express or implied, as to its content, accuracy or completeness, and no Proposer or other party shall have recourse to the SEOPW CRA if any information herein contained shall be inaccurate or incomplete. No warranty or representation is made by the SEOPW CRA that any proposal conforming to these requirements will be selected for consideration, negotiation or approval. The SEOPW CRA shall have no obligation or liability with respect to this RFP, or the evaluation and selection, and award processes contemplated hereunder. The SEOPW CRA does not warrant or represent that any award or recommendation will be made as a result of the issuance of this RFP. All costs incurred by a Proposer in preparing and responding to this RFP are the sole responsibility of the Proposer. Any recipient of this RFP who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer and agrees to be bound by the terms hereof. Any Proposal submitted pursuant to this RFP is at the sole risk and responsibility of the Proposer by submitting such a Proposal. This RFP is made subject to correction of errors, omissions, or withdrawal without notice. Information contained in the RFP is for guidance only and each recipient hereof is cautioned and advised to independently verify all of such information. In the event of any differences between this Disclosure and Disclaimers and the balance of the RFP, the provisions of this Disclosure and Disclaimers shall govern. The SEOPW CRA reserves the right to select the Proposal which, in the opinion and sole discretion of the SEOPW CRA, will be in the best interest and/or most advantageous to the SEOPW CRA. The SEOPW CRA reserves the right to waive any irregularities and technicalities and may, at its discretion, request re -submittal of Proposals. All expenses in preparing the Proposal and any re -submittals shall be borne by the Proposer. The SEOPW CRA and the Proposer will be bound only if and when a Proposal, as it may be modified, 22 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 65 2.2.d is approved and accepted by the SEOPW CRA, and the applicable agreements pertaining thereto are approved, 23 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 66 2.2.d executed and delivered by the Successful Proposer to the SEOPW CRA, and then only pursuant to the terms of the agreements executed by the Proposer and the SEOPW CRA. All or any responses to this RFP may be accepted or rejected by the SEOPW CRA for any reason, or for no reason, without any resultant liability to the SEOPW CRA. The SEOPW CRA is governed by the Sunshine Law and the Public Records Law of the State of Florida and all Proposals and supporting data shall be subject to disclosure as required by such laws. All Proposals shall be submitted in sealed form and shall remain confidential to the extent permitted by the Public Record Law until the date and time selected for opening responses. THIS SECTION IS INTENTIONALLY BLANK. 24 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 67 2.2.d IX. REQUIRED FORMS The forms listed below must be completed by an official having legal authorization to contractually bind the Proposer and must be submitted with the Proposal. Each signature represents a binding commitment upon the Proposer to provide the goods and/or services stated within this RFP and the Proposer's Proposal to the SEOPW CRA if the Proposer is awarded an Agreement and an Agreement is successfully negotiated and executed. Proposal Acknowledgement Form Conflict of Interest Disclosure Form Scrutinized Companies Certification Pursuant to Florida Statutes § 287.135 Notification of Public Entity Crimes Law Notification of Public Records Law Drug -Free Workplace Non -Collusion Affidavit Property Reference Form Proposer Reference Form 25 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 68 2.2.d PROPOSAL ACKNOWLEDGEMENT FORM The Proposer hereby acknowledges and affirms to the contents of this RFP, its response thereto, including without limitation, all addenda have been read, understood, and agreed to by assigning and completing the spaces provided below: A. RFP Addendum Acknowledgment Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated B. The undersigned certifies that they are authorized to sign for the Proposer. C. The undersigned certifies that any and all information contained in response to this RFP is true and correct. D. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL, FOR NOT LESS THAN 90 DAYS, AND THE PROPOSER'S UNEQUIVOCAL OFFER TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS SOLICITATION. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED, BY AN AUTHORIZED AGENT, SHALL RENDER THE PROPOSAL NON -RESPONSIVE. THE SEOPW CRA MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSAL. RFP SEOPW CRA NO. 2025-01: PROPERTY MANAGEMENT SERVICES FOR SEOPW CRA-OWNED RESIDENTIAL PROPERTIES Proposer's Name: Federal Employer Identification Number: Principal Business Address: Mailing Address: Telephone Number(s): Fax Number(s): Email Address: Authorized Agent Name and Title: Signature of Authorized Agent Date: 26 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 69 2.2.d CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposals: the name of any officer, director, or agent who is also an employee of Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"). Furthermore, all Proposers must disclose the name of any SEOPW CRA employee who owns, directly, or indirectly, an interest of more than five percent (5%) in the Proposer's entity or any of its branches. The purpose of this disclosure form is to give the SEOPW CRA the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any SEOPW CRA duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this Proposal. The undersigned entity, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this Proposal. Acknowledged by: Proposer Name Authorized Agent Signature Authorized Agent Name and Title (Print or Type) Date 27 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 70 2.2.d SCRUTINIZED COMPANIES CERTIFICATION PURSUANT TO FLORIDA STATUTES § 287.135 I, , on behalf of Print Name and Title Proposer Name certify that does not: Proposer Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The Southeast Overtown/ Park West Community Redevelopment Agency ("SEOPW CRA") shall provide notice, in writing, to the Proposer of the SEOPW CRA's determination concerning the false certification. The Proposer shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Proposer does not demonstrate that the SEOPW CRA's determination of false certification was made in error, then the SEOPW CRA's shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statutes § 287.135. Section 287.135, Florida Statutes, prohibits the SEOPW CRA's from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, or are engaged in business operations in Syria. 28 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 71 2.2.d As the person authorized to sign on behalf of the Proposer, I hereby certify that the company/entity identified above in the section entitled "Proposer Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the SEOPW CRA for goods or services may be terminated at the option of the SEOPW CRA if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. PROPOSER NAME AUTHORIZED AGENT SIGNATURE AUTHORIZED AGENT NAME (PRINT OR TYPE) TITLE Must be executed and returned with the submitted Proposal to be considered. 29 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 72 2.2.d NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a Bid/Proposal on a contract to provide any goods or services to a public entity, may not submit a Bid/Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids/Proposals on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub -vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Proposer/Firm Name Authorized Agent Signature Authorized Agent Name and Title (Print or Type) Date 30 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 73 2.2.d PUBLIC RECORDS LAW Notification of Public Records Law Pertaining to Public Contracts and Requests for Contractor Records Pursuant to Chapter 119, Florida Statutes Pursuant to Chapter 119, Florida Statutes, Contractor shall comply with the public records law by keeping and maintaining public records required by the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") to perform the service. Upon request from the SEOPW CRA custodian of public records, contract shall provide the SEOPW CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract If the Contractor does not transfer the records to the SEOPW CRA. Contractor upon completion of the contract, shall transfer, at no cost, to the SEOPW CRA all public records in possession of the Contractor or keep and maintain public records required by the SEOPW CRA to perform the service. If the Contractor transfers all public records to the SEOPW CRA upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the SEOPW CRA, upon request from the SEOPW CRA custodian of public records, in a format that is compatible with the information technology systems of the SEOPW CRA. IF THE AWARDED PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE AWARDED PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, KIM PHAN, ESQ., AT THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY, 20 N. SWINTON AVE., SOUTHEAST OVERTOWN PARK WEST FLORIDA AND MAY BE CONTACTED BY PHONE AT (786) 616-8997 OR VIA EMAIL AT dchivertonmiamiqov.com Acknowledged by: Proposer/Firm Name Authorized Agent Signature Authorized Agent Name and Title (Print or Type) Date 31 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 74 2.2.d DRUG -FREE WORKPLACE is a drug -free workplace and has (Proposer/Firm Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: Proposer/Firm Name Authorized Agent Signature Authorized Agent Name and Title (Print or Type) Date 32 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 75 NON -COLLUSION AFFIDAVIT 2.2.d STATE OF COUNTY OF Before me, the undersigned authority, personally appeared , who, after being by me first duly sworn, deposes and says of his/her personal knowledge that: a. He / She is of submitted a Proposal to perform work for the following: RFP No.: Title: , the Proposer that has b. He / She is fully informed respecting the preparation and contents of the attached Request for Proposals, and of all pertinent circumstances respecting such Solicitation. Such Proposal is genuine and is not a collusive or sham Proposal. c. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Solicitation and contract for which the attached Proposal has been submitted or to refrain from proposing in connection with such Solicitation and contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer, firm, or person to fix the price or prices in the attached Proposal or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the Southeast Overtown Park West Community Redevelopment Agency or any person interested in the proposed contract. d. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Authorized Agent Signature Subscribed and sworn to (or affirmed) before me this day of 20_, by , who is personally known to me or who has produced as identification. SEAL Notary Signature Notary Name: Notary Public (State): My Commission No: Expires on: 33 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 76 2.2.d PROPERTY REFERENCE FORM INSTRUCTIONS Proposers shall provide a minimum of three (3) examples of existing affordable residential rental properties under their ownership and/or management, similar in size, scope, and complexity as the Subject Properties described in this RFP. Submitted examples shall include the name and address of the property, years under the Proposer's ownership or management, a brief description of the property, including number of units, number of residents, and any rental restrictions, and a brief description of the services provided by the Proposer. The reference provided below should be for one (1) property reference. FAILURE TO COMPLETE AND SUBMIT THIS FORM MAY RESULT IN THE PROPOSAL BEING REJECTED AS NON -RESPONSIVE. Name of Property: Property Address: Property Owner/ Contact Information: Years Under Proposer's Ownership or Management: Brief Description of the Property: Brief Description of the Property Management Services Provided by Proposer: Compensation Received: Proposer's Certification of Information By signing below, I certify that all information stated above is true and correct to the best of my knowledge. Authorized Agent Signature: Authorized Agent Name and Title: Date: 34 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 77 2.2.d PROPOSER REFERENCE FORM INSTRUCTIONS Proposers shall provide a minimum of three (3) references. Submitted references shall include the reference's name, address, phone number, any comments from the reference, and the reference's signature and date signed. The SEOPW CRA reserves the ability to contact submitted references. The reference provided below should be for one (1) reference and shall be completed by the reference, not the Proposer. FAILURE TO COMPLETE AND SUBMIT THIS FORM MAY RESULT IN THE PROPOSAL BEING REJECTED AS NON -RESPONSIVE. Reference Name Reference Address: Reference Organization/Company: Reference Title: Reference Phone Number: Reference Email: Comments Reference Certification of Information By signing below, I certify that all information stated above is true and correct to the best of my knowledge. Signature: Name and Title: Date: 35 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 78 NAIMmi Fort Lauderdale RFP SEOPW CRA NO. 2025-01 ution Accepting Sole Response Property Management Services for SEOPW CRA-Owned Residential Properties 7 March 26, 2025 Packet Pg. 79 2.2.d Table of Contents 01 02 03 04 05 06 07 08 09 Table of Contents Proposer's Information a) Proposal Acknowledgment Form Narrative - Executive Summary 3 4 5 Proposal 8 a) Property Management, Leasing, Construction, & Additional Services - 9 Fulfilled Responsibilities to SEOPW CRA and Subject Properties Qualifications of the Proposer 18 a) Description of Proposer's Entity 19 b) Legal Organization Structure & Licenses 20 c) City of Miami Business Tax Receipt 23 d) Proposer's Information 24 e) Financials 25 f) Bankruptcy & Legal Actions 26 g) Work Facilities & Support Staff 27 h) Insurance Coverage 28 Experience of the Proposer 29 a) List of Leasing & Management Properties (with minimum of 5 years 30 experience) b) Proposer's Key Employees 32 c) Sub -Consultants 36 d) Property References Forms (3 minimum) 37 e) Proposer's References Forms (3 minimum) 40 Financial Information 48 a) Preliminary Budget and Project Pro Forma 49 b) Requested Financial Information 50 RFP Required Forms 51 a) Conflict of Interest Disclosure Form 52 b) Scrutinized Companies Certification Pursuant to Florida Statues § 287.135 53 c) Notification of Public Entity Crimes Law 55 d) Notification of Public Records Law 56 e) Drug -Free Workplace 57 f) Non -Collusion Affidavit 58 Exhibits 59 a) Addendum No. 2 60 b) Addendum No. 1 62 c) RFP for SEOPW CRA Residential Properties 63 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Miami 2 N IFort Packet Pg. 80 Packet Pg. 81 2.2.d PROPOSAL ACKNOWLEDGEMENT FORM The Proposer hereby acknowledges and affirms to the contents of this RFP, its response thereto, including without limitation, all addenda have been read, understood, and agreed to by assigning and completing the spaces provided below: A. RFP Addendum Acknowledgment Addendum No. 1, Dated March 10, 2025 Addendum No. 2, Dated March 13, 2025 Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated B. The undersigned certifies that they are authorized to sign for the Proposer. C. The undersigned certifies that any and all information contained in response to this RFP is true and correct. D. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL, FOR NOT LESS THAN 90 DAYS, AND THE PROPOSER'S UNEQUIVOCAL OFFER TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS SOLICITATION. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED, BY AN AUTHORIZED AGENT, SHALL RENDER THE PROPOSAL NON -RESPONSIVE. THE SEOPW CRA MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSAL. RFP SEOPW CRA NO. 2025-01: PROPERTY MANAGEMENT SERVICES FOR SEOPW CRA-OWNED RESIDENTIAL PROPERTIES Proposer's Name: WLS, L.C. d/b/a NAI Miami I Fort Lauderdale Federal Employer Identification Number: 65 0880436 Principal Business Address: 9655 South Dixie Highway, Suite 300, Miami, Florida 33156 Mailing Address: 9655 South Dixie Highway, Suite 300, Miami, Florida 33156 Telephone Number(s): (305) 938-4000 Fax Number(s): (305) 938-4002 Email Address: llarkin@naimiami.com Authorized Agent Name and Titl J'e y S. Larkin, CEO and Co -Chairman Signature of Authorized Agent Date: March 18, 2025 4 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 82 2.2.d kit Narrative (Executive Summary) r. 0 3 Packet Pg. 83 2.2.d Narrative (Executive Summary) WLS, L.C. d/b/a NAI Miami I Fort Lauderdale and its wholly owned subsidiary, NAI Miami Property Management, LLC, has been operating as a full -service real estate brokerage firm in the South Florida market since 1997. The firm for over 25 years, is a highly qualified firm with an extensive real estate services background and the experience to perform leasing, property management, and construction management services for the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") at the multiple properties listed in the RFP. NAI Miami I Fort Lauderdale will comply with and provide all the required services, processes and procedures as specified in the RFP. This will include, but not be limited to leasing all current vacancy at the SEOPW CRA properties at the rates, terms and conditions specified by the CRA after consultation with our firm; handle all lease renewals as they arise; provide complete property management services, inclusive of the generation of financial statements and provide construction management services to build -out the existing vacant space and maintain the common areas of all properties; add enhancements to the existing and any additional CRA properties' common areas including identification, monument and wayfaring signage; and provide all other requested real estate and related services as may be needed from time to time by the CRA. NAI Miami I Fort Lauderdale's team of over 50 professionals will work collaboratively with all CRA stakeholders to develop and execute innovative strategies. In the last 10 years, NAI Miami I Fort Lauderdale has leased approximately 10,467,000 square feet of retail, office and industrial space with an aggregate transaction value of $2.17 billion. The firm currently manages 2.2 million square feet of retail, office, industrial and commercial condominiums and residential properties principally in Miami -Dade and Broward counties and leases approximately 5 million square feet for commercial space for third party clients. NAI Miami I Fort Lauderdale has a deep understanding of working with municipal entities based on its 25+ years of experience. The firm has worked with the Miami Parking Authority, the City of Miami, the Southeast Overtown/Park West Community Redevelopment Agency, the Village of Pinecrest, Florida and the City of Miami Gardens. Our track record spans a wide range of services including landlord representation, tenant representation, construction management, property management, consulting services, investment sales, buyer's representation and valuations. It also has permitted the firm to understand and focus on governmental clients' specialized needs and processes. A unique aspect of operating in public/private business relationships is adapting a private sector process to comply with the requirements of public process and their extended project cycles. NAI Miami I Fort Lauderdale has been the leasing agent and property manager for Overtown Plaza located at 1490 NW 3rd Street, Miami, FL since 2013 and is responsible for securing all the existing tenants including retaining Regions Bank in their current location and sourcing Top Value Supermarket. During our tenure as leasing agent and property manager, NAI Miami I Fort Lauderdale has worked with the CRA and the Overtown Community to provide a local retail center that provides for and benefits the community. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NAIMiami Fort' 6 Packet Pg. 84 2.2.d Narrative (Executive Summary) NAI Miami 1 Fort Lauderdale is currently the leasing agent and property manager for, the commercial and residential units at St. Johns located at 1300 NW 3rd Avenue, Miami FL; the apartments located at 155 NW 10th Street and 23 condominium units owned by the CRA at Town Park Plaza North. During this short time frame, we have streamlined rent collections, are in the process of managing building recertifications, refurbished six condominium units using local contractors, worked with the CRA to standardize their leasing process and requirements, conducted site surveys and created short and long-term goals for each property consistent with the CRA's directions. From January 2022 to August 2024 NAI Miami 1 Fort Lauderdale managed and leased 58 condominium units at Bayview Palms Condominiums in North Miami, FL. These condominium units were leased to varied group of residents including low to middle income residents, and Section 8 voucher and local area housing program voucher recipients. Services provided included negotiating new and renewal lease agreements, working with the various agencies to provide appropriate documentation to obtain rent payments, unit turnover including floors, appliances, fixtures, HVAC and electrical panel replacement and repairs. Approximately 30 units had some type of code violations which were resolved during this time frame. NAI Miami 1 Fort Lauderdale worked with the condominium association and local city departments to make necessary repairs to become compliant with the condominium association city building codes. Governmental Factors: Unlike private sector projects, the CRA must exercise municipal protocols as required by law. In addition, given the nature of the neighborhood, it is critical to provide affordable housing to legacy residents of the area and the core working class employed in the adjacent business districts. Because of these factors, an equitable, non-discriminatory process and applicant scoring system compliant with all Federal laws needs to be identified and complied with in processing all prospects applying for residency. As a result, the timing for completion of a lease transaction will be longer than a typical private sector transaction. This requires that the vendor selected must be skilled at not only providing the required services but also understanding how to transmit this information to all prospects, guide them through the process of completing an application and subsequent lease and managing the ongoing process of coordinating activities between the governmental landlord and the private sector resident. NAI Miami 1 Fort Lauderdale's experience with the GRA and working with the Overtown community gives us a unique understanding of the CRA' goals. Our Goal and Our Vision: Our goal is to optimize the CRA's portfolio potential on both a quantitative and qualitative basis while addressing risks and challenges described above. Working with all stakeholders, we will develop a sustainable short, intermediate and long-term management, leasing and capital improvement plan. We understand how the CRA operates, and, with the appropriate enhancements and betterments, how to achieve superior results. Along with improving the portfolio, NAI Miami 1 Fort Lauderdale wants to give back to the local community. We have previously discussed creating a training program in property management for members of the Overtown community. With managing this portfolio and contained within this proposal, we now have an opportunity to begin the program with hiring a property manager assistant from the local community with limited experience to train to become a property manager. Our vision for the CRA's Portfolio is to create a vibrant, integrated experiential environment which provides the neighborhood with excellent housing and commercial hubs that provide needed, accessible services to the residents, quality housing and the opportunity to develop entrepreneurial businesses which align with CRA's goals. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NIMiarr Fort' 7 Packet Pg. 85 Proposal 0 c 0 0. U) a) a) 0 u) c 0. c 0 CO L) 1- 0. cc c E .c ca Packet Pg. 86 2.2.d Property Management Services NAI Miami Fort Lauderdale provides comprehensive property management services. The company operates under distinct, customized guidelines to maximize owner's value proposition. • Enhance property value by maximizing operations. • Establish and implement an operating budget. • Develop and implement renovation and/or expansion programs. • Develop and implement a formalized property maintenance and improvement plan. NAI Miami Fort Lauderdale will provide the following property management services: • Maintain businesslike relations with tenants whose service requests shall be received, considered and acted upon promptly. • Initiate ClickPay, an online collection portal, and create procedures to collect base rent and additional rent and take such action as may be necessary to collect any such sums. • Cause the building, equipment and landscaping to be maintained, including interior (where applicable) and exterior cleaning, painting, and such normal maintenance and repair work as is necessary. • Initiate Avid, our online solution to automating the Accounts Payable functions permitting 24/7/365 accessibility, functionality and transparency. • Notify ownership in the event a property condition arises requiring major repairs or replacement, or repairs required by state or local law, ordinance or government regulation. • Enter into contracts for gas, fuel, pest extermination, fire safety and, where applicable, elevator service, office cleaning, security, HVAC maintenance and other services, as necessary. • Upon request from ownership, assist in the placement of insurance with such coverage and in such amounts as may be appropriate for the property. • Prepare and file all returns for unemployment insurance, workers compensation insurance, and social security for all of Agent's employees, if any, that are employed by Agent or the Property as on -site employees. • Maintain a complete set of records, books and accounts in its standard manner, with all records available for examination at all reasonable hours. No later than the thirtieth (30th) day of each month, for the prior month, Agent shall send a monthly income and expense statement to all ownership. The financial books and records shall either be maintained on a fiscal or calendar year basis as dictated by the City. If a fiscal year is selected, it is presumed the year end will coordinate with the City's September 30 fiscal year end. • Establish and implement the annual reconciliation of operating expenses (NNN expenses) as required pursuant to the terms of each tenant's lease commencing with the initial operating year of each lease. • Prepare a quarterly physical property condition report detailing deficiencies in the common area or storefronts and recommend protocols to address any deficient item. • Prepare an annual operating budget to either be maintained on a fiscal or calendar year basis as dictated by the City. Once approved, implement revised monthly tenant payments based on the new budget amounts. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) N !Miami Fonr...4'4I I^ 9 Packet Pg. 87 2.2.d Property Management Services Specific steps which will be undertaken after the successful awarding and execution of the Professional Services Contract will be: Physical Plant • Work in conjunction with all stakeholders to identify all deferred maintenance items, needed capital projects and urgent repairs, if any. • Create an estimate of all items and assign an urgency level (immediate, near term, medium term, long term). • Assist in creating a long-term plan to eliminate deferred maintenance, complete capital projects and initiate an organized plan to insure timely replacement of major components. • Review all historical records and reports. • Review all statements, and related operating agreements to insure actual and statutory compliance. Budgeting & Financial Operations • Create a 2025 operating budget, if not yet prepared. • If the 2025 operating budget is prepared, review the budget in detail. • Generate monthly financial statements including budget to actual comparative analysis. • Insure reasonable and proper allocation of shared expenses based on formulas recommended to and approved by all stakeholders. Lease Administration • Review each lease and its related abstract for accuracy. • If no abstract is available, create a lease abstract. • Create lists of exclusive uses. • Create a list of prohibited uses. • Create a tenant contact list. • Verify property zoning and existence of overlay or entertainment districts. • Define the process, obtain the records and initiate the annual reconciliation process for each year for all operating expenses for each tenant. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Miar N IFort 10 Packet Pg. 88 2.2.d Commercial Leasing Overview NAI Miami Fort Lauderdale will provide pre -marketing, marketing awareness and lease negotiations by doing the following: Develop new marketing materials which will include: • New leasing signage added to the property in strategic locations • New website • Full color brochure • Floor plans with dimensions • Site plan showing existing uses • Aerial photo map • Detailed demographics report • Detailed consumer demand report • Drone images of aerial views Market Awareness - Availability of Information: • Ensure all information is available and accessible in as many platforms as possible including LoopNet, CoStar, MLS, CREXI, Apartments.com, Zillow.com, Realtor.com, Trulia.com, etc. • Monthly individual and collaborative eblast flyer distribution • Social media exposure on three platforms: Linkedln, Instagram, and Facebook Direct Marketing: • Direct mail or email with personal telephone follow-up to targeted restaurant and retail users • Periodic email notification of project's current availability • Regular outreach to all local chambers of commerce and similar entities • Regular outreach to state and local government agencies • Marketing outreach through the SEOPW CRA's web site advertising space availability. Tenant Procurement • Create master letter of intent form. • Create or update credit application package. • Create or update initial business plan form. • Create or update initial capital budget form. Tenant Letter of Intent Negotiations • Prepare letters of intent based on market prices and terms approved by the CRA. • Coordinate the negotiation of the letters of intent to arrive at mutually agreeable terms and conditions. • Obtain all of prospect's financial and operating background. • Providing guidance and recommendations to the CRA to approve or reject a prospect. Tenant Lease Negotiations • Assist the SEOPW CRA attorney's office in lease preparation consistent with the agreed upon terms of the letter of intent. • Coordinate the lease negotiation to arrive at mutually agreeable lease terms and conditions. • Advise on current typical and usual lease terms and conditions in the private sector. • Advise prospect on unique lease terms and conditions required by municipal entities. • Providing guidance and recommendations to the CRA to approve or reject a lease. • Obtain execution of the lease document and work with the CRA to provide all required information to governing board for final lease approval. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Miami 11 N IFort Packet Pg. 89 2.2.d Residential Leasing Overview NAI Miami Fort Lauderdale will create a coherent streamline leasing process for the existing residential portfolio of apartment units and housing. This will consist of: • Creating an application tailored to the CRA's specifications. • Contracting with a third -party vendor to process and score the applications. • Create a standardized information list needed for lease applications. • Use the standard FBAR Apartment Leasing contract for all apartment units. • Follow all applicable State of Florida and Miami Dade County rules and regulation concerning leasing and apartments. • Assist the CRA in setting up an informational portal for availability of apartments. • Set up an advertising program based on the CRA's guidelines. • Advertise in Apartments.com, Zillow.com, Realtor.com, Trulia.com as well as social media platforms like Linkedln, Instagram, and Facebook. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NIMian Fort 12 Packet Pg. 90 2.2.d Construction Management Overview NAI Miami 1 Fort Lauderdale will supervise construction bidding in an effort to obtain the best possible prices from architects, engineers and general contractors. Thereafter, we will oversee the construction of interior, exterior and capital improvements to guarantee the building owner receives the maximum possible quality of work on a timely basis. Construction management fees shall only be charged for projects in excess of $10,000.00. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Mat N IFort 13 Packet Pg. 91 2.2.d Subject Properties We propose to provide property management, leasing and provide construction management services to the following properties: Address Property Type ei ,voil jit 155 NW 10th Street 9-unit apartment -- ' ` Town Park Plaza _ 23 condominium units • --- 1990 NW 4th Court ° P _ Twin Homes 1900 NW 2nd Court n 1 duplex St. John's Church Buildings g.. a) Office Building, 2 Story m b) Mixed use, retail/apartments 4 units 1 retail unit, 3 apartments c) Church building Lyric Point 101 NW 8th Street Retail Space - To be subleased Black Police Precinct Museum 480 NW 11 th Street Museum Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Miar N IFort 14 Packet Pg. 92 Fee Structure 2.2.d Pricing c +- = _ o U E 3 N ctS C C UcrS 2 Monthly Management Fees: On Site Personnel (One Property Manager & One Assistant Property Manager) One -Time Start Up Fee: Retail/Office/Commercial: Residential: Jobs Less Than Or Equal To $10,000.00 In Value: Jobs More Than $10,000.00 In Value: $8,000.00 per month $11,250.00 per month estimated. Actual monthly charges will vary. Paid. New leases: 6.00% of base rent for primary term. Minimum: $1,000.00 Renewals: 3.00% of base rent for primary term* Minimum: $500.00 New leases: $800.00 per lease Renewals: $400.00 per lease * Must be under current written lease. 8.00 % of Value TBD for a monthly fixed fee for the project's duration. Term An initial five (5) year period and may be renewed for up to one (1) additional five (5) period thereafter, subject to the mutual written agreement of both parties. Services Full -service management, accounting, financial statement preparation, rent billing and collection and payment of all operating expenses. Excluded items are preparation of tax returns. See management agreement for details. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Miami 15 N IFon Packet Pg. 93 2.2.d Fee Structure Continued Accounting Separate financials will be maintained and provided for: 1. The Apartments 155 NW 10th Street 2. St. John's Church Buildings • Office Building, 2 story • Mixed use, retail/apartments • Church Building 3. Lyric Point 4. Town Park Plaza North 1990 NW 4th Court 9-unit apartment 4 units 1 retail units, 3 apartments Retail - Sublease and management 23 condominium units The following properties will be consolidated into one financial statement for reporting purposes: 1. Black Police Precinct Museum 480 NW 11 th Street 2. Twin Homes 1900 NW 2nd Court Museum 1 duplex Personnel Included in monthly fee: Paid directly by client via billing: Asset Manager & Senior Property Manager "On site" property manager and assistant property manager. Additional Cost Maintenance engineers will be billed based on the time working at the properties on an hourly basis. The 2025 hourly billing rate is $65.00 per hour. Office Overtown CRA will provide a small office in their main office building or at Overtown Plaza at no cost for the property manager and assistant property manager. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Miami N !Miami I 16 Packet Pg. 94 2.2.d Additional Services NAI Miami Fort Lauderdale will also be available to provide the following additional services: Corporate and Investment Services • 1031 Exchange • Acquisition / Disposition • Appraisal & Valuation • Auction Services • Capital Markets • Due Diligence Management • Financing • Market Analysis • Net Lease Transactions • Portfolio Review • Property Marketing • Relocation / Move Management • Sale/Leaseback Transactions Asset Services • Asset Management • Asset Optimization • Build -to -Suit / Construction • Corporate Facilities Management • Development • Green / LEEDTM Consultation / Sustainability • Management • Property Management • Trade Credits LEASING BROKERAGE El CI El 0 El CI 00 TENANT LANDLORD REPRESENTATION REPRESENTATION SALE BUYER PROPERTY REPRESENTATION MANAGEMENT • Troubled Assets/Receiverships • Workouts & Restructuring • Site Selection • Subleasing • Tenant Representation Advisory & Consulting Services • Acquisition / Disposition • Build -to -Suit • Buy -Out • Capital Markets • Cross-Border/International Consulting • Distribution Logistics • Expert Witness • Feasibility Analysis • Financial Analysis • Lease & Utility Audits • Lease Administration • Location Benefits Analysis • Market Research • Project Management • Site Location Modeling • Strategic Planning • Tax Appeal • Title / Escrow / Survey • Valuation & Appraisals CORPORATE SERVICES MARKETING AND RESEARCH INVESTMENT SALES VALUATION SERVICES OWNER REPRESENTATION LITIGATION SUPPORT & RECEIVERSHIP Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NIMiami 17 Fort Packet Pg. 95 Qualifications of the Proposer a) Description of Proposer's entity b) Legal Organization Structure & Licenses c) City of Miami Business Tax Receipt d) Proposer's Information 1 f 1 e) Finances f) Bankruptcy & Legal Actions g) Work Facilities & Support Staff h) Insurance Coverage Packet Pg. 96 2.2.d Description of Proposer's Entity WLS L.C. d/b/a NAI Miami I Fort Lauderdale (Formerly WLS, Inc.) Address: Telephone: Fax: Email: Name of Contact: Date Incorporated: State of Florida Document: Federal Employer ID #: 9655 South Dixie Highway, Suite 300 Pinecrest, FL 33156 305 938 4000 305 938 4002 jlarkin@naimiami.com Jeremy S. Larkin, CEO and Co -Chairman 1996 L99000000038 65-0880436 NAI Miami Property Management LLC (a subsidiary of WLS L.C. d/b/a NAI Miami I Fort Lauderdale) Address: Telephone: Fax: Email: Name of Contact: Date Incorporated: State of Florida Document: Federal Employer ID #: 9655 South Dixie Highway, Suite 300 Pinecrest, FL 33156 305 938 4000 305 938 4002 jlarkin@naimiami.com Jeremy S. Larkin, CEO and Co -Chairman April 11, 2011 L11000043134 45-2647837 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NAIMiami 19 Fort Packet Pg. 97 2.2.d Legal Organization Structure WLS, L.C. d/b/a NAI Miami I Fort Lauderdale WLS, L.C. is a liability company. Board of Directors Jeremy S. Larkin CEO and Co -Chairman Jeff Buell Partner and Director of Property Management Five (5) Property Managers Three (3) Property Management Assistants Six (6) Maintenance Personnel Edward Schmidt Partner and Co -Chairman Jeff Buell Partner and Director of Property Management Jennifer Myers -Hough Partner and Controller Accounts Receivable Accounts Payables Lease Administrator Financials Corporate Accountant Jeremy S. Larkin CEO and Co -Chairman Joseph Gallaher Partner and Broker Manager 26 Brokers Jennifer Myers -Hough Partner and Controller Robin Llanes Partner and Director of HR Ramsauly Bassett Partner and Director of Marketing Two (2) Marketing Coordinators Jackie Mullin Partner and Director of Operations Human Resources Receptio ► 1AlaW NAIMiami 20 Fort Packet Pg. 98 Licenses 2.2.d Ron DeSantis, Governor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, Secretary d Floridapr DIVISION OF REAL ESTATE THE CORPORATION HEREIN HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 475, FLORIDA STATUTES WLSLC•� NAI MIAM COMMERCIAL REAL ESTATE SERVICES WORLDWIDE 9655 SOUTH DIXIE HIGHWAY SUITE 300 MIAMI FL 33156 'I LICENSE NUMBER: CQ1009291 EXPIRATION DATE: SEPTEMBER 30, 2025 Always verify licenses online at MyFloridaLicense.com ISSUED: 02/28/2025 Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. i Ron DeSantis, Governor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, Secretary dbW COMMUNITY ASSOCIATION MANAGERS THE CAM Firm HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 468, FLORIDA STATUTES 1 9655 SOUTH DIXIE HIGHWAY SUITE 300 MIAMI FL 33156 I- LICENSE NUMBER: CAB3389� EXPIRATION DATE: SEPTEMBER 30, 2025 Always verify licenses online at MyFloridaLicense.com ISSUED: 02/28/2025 Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NAIMiar Fort' 21 [_Packet Pg. 99 Licenses 2.2.d 844. Ron DeSantis, Governor Melanie S. Griffin, Secretary �' 4n STATE OF FLORIDA I OI iFl d pr DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF REAL ESTATE THE CORPORATION HEREIN HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 475, FLORIDA STATUTES NAI MIAMI PROPERTY MANAGEMENT LLC ;r 9655 SOUTH DIXIE HIGHWAY q SUITE 300 7 eke`;, MIAMI FL 33156 LICENSE NUMBER: CQ1049060 EXPIRATION DATE: MARCH 31, 2027 Always verify licenses online at MyFloridaLicense.com ISSUED: 02/28/2025 Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Ron DeSantis, Governor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Melanie S. Griffin, Secretary dI5r COMMUNITY ASSOCIATION MANAGERS THE CAM Firm HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER 468, FLORIDA STATUTES C"a‘ NAI MIAMI PROPERTY MANAGEMENT LLC 9655 SOUTH DIXIE HIGHWAY SUITE 300 MIAMI FL 33156 I- LICENSE NUMBER: CAB5757 EXPIRATION DATE: SEPTEMBER 30, 2025 Always verify licenses online at MyFloridaLicense.com ISSUED: 02/28/2025 Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NI 22 Packet Pg. 100 2.2.d City of Miami Business Tax Receipt Not applicable: WLS L.C. d/b/a NAI Miami I Fort Lauderdale does not possess a City of Miami Business Tax Receipt, as our business is not physically located within the City of Miami and is not required to obtain one under applicable regulations. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) N IMiao Fort 23 Packet Pg. 101 2.2.d Proposer's Information The Proposer Name of Proposer: Address: Telephone: WLS, L.C. d/b/a NAI Miami I Fort Lauderdale 9655 South Dixie Highway, Suite 300 Pinecrest, FL 33156 305 938 4000 List of Board of Directors Names of Board of Directors: Directors Address: Directors Telephone: Jeremy S. Larkin Edward Schmidt Jeff Buell Jennifer Myers -Hough Robin Llanes 9655 South Dixie Highway, Suite 300 Pinecrest, FL 33156 305 938 4000 Executive Director (CEO) Name of Contact: Address: Telephone: Jeremy S. Larkin 9655 South Dixie Highway, Suite 300 Pinecrest, FL 33156 305 938 4000 Proposer's Affiliation NAI Miami Property Management Name of Proposer's Affiliation Entity: Address: Telephone: Names of Board of Directors: LLC is a subsidiary of WLS, L.0 NAI Miami Property Management LLC 9655 South Dixie Highway, Suite 300, Pinecrest, FL 33156 305 938 4000 Jeremy S. Larkin Edward Schmidt Jeff Buell Jennifer Myers -Hough Robin Llanes Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) N IMiai Fort 24 Packet Pg. 102 Financials 2.2.d A current financial statement which includes a balance sheet, a three-year statement of past income, and a projected one-year income fiscal year for WLS, L.C. d/b/a NAI Miami I Fort Lauderdale is available for inspection at its corporate office located at 9655 South Dixie Highway, Suite 300, Pinecrest FL 33156 between the hours of 9:00 AM - 6:00 PM. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) N IMiao Fort 25 Packet Pg. 103 2.2.d Bankruptcy & Legal Actions WLS, L.C. d/b/a NAI Miami I Fort Lauderdale has no history of bankruptcy fillings nor any legal actions. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) N IMiai Fort 26 Packet Pg. 104 2.2.d Work Facilities St Support Staff Work Facility WLS, L.C. d/b/a NAI Miami I Fort Lauderdale has the proper facilities and resources at 9655 South Dixie Highway, Suite 300, Pinecrest, FL 33156 to provide the required property management services for the term of the agreement. Support Staff Jeff Buell Partner and Director of Property Management Five (5) Property Managers Three (3) Property Management Assistants Six (6) Maintenance Personnel Jennifer Myers -Hough Partner and Controller Accounts Receivable Accounts Payables Lease Administrator Financials Corporate Accountant Jeremy S. Larkin CEO and Co -Chairman Joseph Gallaher Partner and Broker Manager 26 Brokers Ramsauly Bassett Partner and Director of Marketing Two (2) Marketing Coordinators Jackie Mullin Partner and Director of Operations Human Resources Receptio /_ , „ , VIFINiFZ :IS71T•= 7.5.: ' eso ution cceptin • o e ' esponse; N IMiar Fort 27 Packet Pg. 105 2.2.d Insurance Coverage WLS, L.C. d/b/a NAI Miami I Fort Lauderdale currently maintains all required insurance in the necessary types and amounts available for review upon request. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) N IMiai Fort 28 Packet Pg. 106 a) List of Leasing & Management d) Property References Forms (3 Properties (with minimum of 5 years minimum) experience) e) Proposer's References Forms b) Proposer's Key Employees Packet Pg. 107 2.2.d Managed Properties 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 1001 SW 2nd Ave 1110-1134 SW 1st Way 2631-2461 E Atlantic Blvd 2310 NW 55th Ct 2600 NW 55th Ct 4621 NW 9th Ave 3230 NE 32nd St Parking Lot 7390 NW 5th St 7500 NW 5th St 255-258 SW 33 St 2580 N State Rd 7 6600 Taft St 6151 Miramar Parkway 3800 S Ocean Dr 20451 NW 2nd Ave 20535 NW 2nd Ave 500 NE 185th St 8181 NW 152 St 2750 NW 167th St 900 W 49th St 8950 NW 33rd St 2782 NW 79th Ave 1987 NW 88th Ct 801 NW 37th Ave 7200 NW 7th St 7791 NW 46th St 1900NW2nd Ct 1900 NW 4th Ct 1490 NW 3rd Ave 1300 NW 3rd Ave 480 NW 11th St 155 NW 10th St 101-115 NW 8th St 8 40 NW 3rd St 9 315 S Biscayne Blvd 10 604 Crandon Blvd 1 2 3 4 5 6 7 8 2331 Ponce de Leon Blvd 14283 SW 42nd St 5975 Sunset Dr 7990 SW 117th Ave 9595 N Kendall Dr 9655 S Dixie Hwy 10954 SW 184th St 10966 SW 184th St 15260 SW 280th St Managed by: Coral Springs Boca Raton Pompano B'each.0 0 Fort Plantation Lauderdale Pembro Pines 0 0 ke Davie \® Ho11 wood--0 Hialeah 9mn O �iami / � IVliami Beach --0 4-7 Key Biscayne Biscayne National Park •Adina Eisenstadt °Sarah Salomon °Bonnie Buell "'Marisa Marisa Hunte °Jeff Buell • Daniela Rodriguez -Valencia Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NMiai IFort 30 Packet Pg. 108 2.2.d Residential Properties Management List tI 2 AMELIA DISTR w ISPANDS = l/ Bel Ha0. • . r 7 mD O n .. Y A West iew, • u — •�� ,_ NW 111thSt La 95 p North Mleml jay — _ Bay H 1 1 5 ' - —Isla z m Biscayne Park ra N — __, Surfsid / A • ` ^ G4th N s' m \ —� n, m n NW95th St . m West Little ! River n NW 87th St 1 3 NI IS n W 291h St 0 SEMINOLA 0 WESTGATE Gladevlew 27 ® n, NW62nd St 9 Hialeah i © Miami Springs F NW 46th St I1 — Miami Shores / • R ' .`HBEA•i;,; ' 'FLAN El Portal _ � tl, E mt,trm1_ NOrilVill B—�• g .. I 9 ! LITTLE RIVER , . ` .ITTLE HAITI LA)GORC UP.-., 9 5. EAST SIDE r o 1 NAUTILUS / - a O I n MIAISTRICGN MID -BEACH DISTRICT GVirginia ®. Gardens ►. 112 Ott, EF{ 195 _ -- /L t:4,.. sesa\,_ Miami International I Z ORAPELANO Airport HEI ,HTS .\, TOLL -• ■- w - NW T1n 5t V In St ® > ` FLAGAMI WEST FLAGLER ® O %� ALLAPATTAH Nw20th St Rlverpr 6.N © LITTLE HAVANA RIVERSIDE z � n _ �OVERdO WYNWOOD _ A Y IA 3 2 r 1 ± a �QDOWN — MIAMI BAYSHORE ; A r ,b, 046 oaN Mlami!Beach .•,sins, • WEST AVENUE STAR, PALM SOUTH BEACH AND.HIBI SCUS FLAMINGO `ISPANDS , /LUMMUS OWN N �i �•� SOUTH OF FIFTH 0 Address Years Number of Units/ Number of Managed Property Type Residents ki! '155 NW 10th Street, '° '- Miami, FL 33136 0.5 9-unit apartment 9 0 St. John's Plaza Apartments 1301 NW 3rd Avenue, 0.5 4 units 2 ira, ia,b Miami, FL 33136 . ,,, Town Park Plaza 1990 NW 4th Court, 0.5 23 condominium units 3 Y-ems = Miami, FL 33136 Twin Homes "A i- , 1900 NW 2nd Court, 0.5 1 duplex 2 Miami, FL 33136 0 Alp Bayview Palms 0 k._ ,.., 1805 Sans Souci Boulevard, 2.5 58 condominium units 45 .. -, ' North Miami, FL 0 . 955 Bay Drive, ,, , , „ 3 8-unit apartment 8 L Miami Beach, FL 33141 0 9472 Bay Drive, Surfside, FL 33154 3 Single family home 1 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) N IMiami Fort 31 Packet Pg. 109 2.2.d Proposer's Key Employees NAIMiami Fort Lauderdale EDUCATION University of Miami MBA, Accounting Concentration University of Alabama/Tuscaloosa BS, Finance and Banking PROFESSIONAL AFFILIATIONS ▪ Licensed Florida Real Estate Broker • Licensed Florida Mortgage Broker (through 2010) • Licensed Florida Community Association Manager • BOMA Member • ICSC Member • SFOBA member • Greater Miami Jewish Federation • Greater Miami Hillel BOD • Bet Shira Congregation • Jewish Vocational Services Jeremy S. Larkin Partner CEO and Co -Chairman O 9655 South Dixie Highway, Suite 300 Pinecrest, FL 33156 Q 0: +1 (305) 938 4000 x102 D: +1 (786) 260 0402 M: +1 (305) 389 1832 Q jlarkin©naimiami.com 0 naimia-ftl.com SCOPE OF RESPONSIBILITIES As CEO and Co -Chairman of NAI Miami I Fort Lauderdale, Jeremy leads th growth and expansion of the company. With over 30 years of practice experience in real estate and business management, Jeremy has facilitate, the continued progress of NAI Miami I Fort Lauderdale in the South Florid real estate market and has made NAI Miami I Fort Lauderdale an institution part of South Florida commercial real estate. BACKGROUND AND EXPERIENCE Jeremy Larkin has extensive experience in working with high -net -wort individuals, both domestic and international, in ownership and investmer in the South Florida real estate market. He leads litigation support where h advises financial institutions and owners of loans on the process t maintain, evaluate, operate, and potentially disposing of distressed asset: Additionally, Jeremy works with litigators and attorneys on commercial re estate operation and evaluation. Jeremy is an accomplished broker with over $1 billion in leasing and sales transactions of more than 5 million square feet of space. Jeremy prides himself on his attention to key details and on his dedication to his clients, brokers, and employees. Jeremy's mission is to see his clients thrive in the real estate space that best suits their needs and expands their business opportunities and outlook. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NIMiami Fort 32 Packet Pg. 110 2.2.d Proposer's Key Employees EDUCATION Wabash College B.A. in Biology PROFESSIONAL AFFILIATIONS . Licensed Florida Real Estate Salesperson • Licensed Florida Community Association Manager • Peace Corps NAIMiami Fort Lauderdale Jeff Buell Partner Director of Property Management O 9655 South Dixie Highway, Suite 300 Pinecrest, FL 33156 Q 0: +1 (305) 938 4000 x114 D: +1 (786) 697 6257 M: +1 (305) 216 5991 Q jbuell@naimiami.com 0 naimia-ftl.com SCOPE OF RESPONSIBILITIES Jeff Buell is an expert property management professional with more than 2 years of property management experience. Jeff specializes in client relation and supervises and supervises more than 2 million square feet of real estat space from Broward through Miami -Dade counties. Jeff has extensiv knowledge of property management and building maintenance from his year of hands-on practical experience. BACKGROUND AND EXPERIENCE Jeff Buell began his career at NAI Miami I Fort Lauderdale in th maintenance department before quickly advancing to Director of Propert Management. He now oversees a diverse portfolio, including retail center: a mixed -use office and retail building, office properties, government properties, and condominium associations. His expertise ensures th efficient operation, maintenance, and value optimization of the propertie under his management. Jeff has over 20 years of experience in managing and maintainin commercial real estate. He specializes in client relations and oversees mor than 2 million square feet of real estate across Broward and Miami -Dad counties. His extensive knowledge of property management and buildin maintenance comes from years of hands-on, practical experience. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NIMiami Fort 33 Packet Pg. 111 2.2.d Proposer's Key Employees NAIMiami Fort Lauderdale EDUCATION Carol City Senior High High School Diploma PROFESSIONAL CERTIFICATIONS . Property Management Financial . Advance Leasing . Fair Housing Marisa Hunte Property Manager 0 1490 NW 3rd Avenue Miami, FL 33136 O 0: +1 (305) 938 4000 x500 D: +1 (786) 697 6224 M: +1 (786) 459 5232 Q mhunte©naimiami.com 0 naimia-ftl.com SCOPE OF RESPONSIBILITIES Marisa Hunte will oversee all aspects of property operations, including leas administration, resident relations, regulatory compliance, and financi management. She has a proven track record of maximizing occupanc) maintaining budgets, and ensuring optimal property performance. Adept leading teams, implementing process Improvements, and deliverin exceptional customer service. Deeply knowledgeable of relevant tax cred and affordable housing requirements. BACKGROUND AND EXPERIENCE Marisa is an experienced property management professional with a stron background in overseeing tax credit multifamily communities. She ha progressively advanced through positions as Leasing Consultant, Senic Leasing Consultant, and Assistant Property Manager, buildin comprehensive knowledge of the residential industry along the way. Before her current role, Marisa was an Assistant Property Manager fc ImproSynergies, overseeing operations at The Glorieta, a multifamil community that required close collaboration with law enforcement and loc< officials. This experience further strengthened her ability to handle comple property challenges while maintaining strong resident relations. Marisa specializes in all aspects of property operations, including lease administration, resident relations, regulatory compliance, and financial management. She has a proven track record of maximizing occupancy, maintaining budgets, and ensuring optimal property performance across her portfolio. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NIMiami Fort 34 Packet Pg. 112 2.2.d Proposer's Key Employees Assistant Property Manager WLS L.C. d/b/a NAI Miami Fort Lauderdale will be hiring an assistant property manager for the CRA portfolio. Our process will be to solicit resumes from the Overtown area. We are looking for people with a strong work ethic, who have demonstrated through their work history the ability to learn and adapt and have a strong connection to the Overtown neighborhood. Once the resumes are reviewed, the applicants will be interviewed at the offices of Overtown Business Resource Center (OBRC). The first interview will take place at this site to give the applicants easy access and to give the CRA employees at the OBRC and opportunity to meet the applicants. If the applicant interviews well, they will be called back to interview at the primary office of NAI Miami I Fort Lauderdale at 9655 S Dixie Highway, Suite 300, Miami, FL. In this interview the applicant will be interviewed by three people in the firm, all who have knowledge and experience in property management. A decision will be made after this interview on which applicant to select and an offering memorandum will be sent to the applicant for their approval. This memorandum will state the salaries and work conditions and clearly state that they will be employees of NAI Miami I Fort Lauderdale. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NMiami IFort 35 Packet Pg. 113 Sub -Consultants 2.2.d WLS, L.C. d/b/a NAI Miami Fort Lauderdale will be using the following Sub -Consultants (subject to change from time -to -time) to assist in the performance of the Property Management Services under this RFP. • Kasey Burrell • Keen & Pristine Janitorial Services, LLC • BOFAM Construction Company • Gator Protection, Inc • Crime Prevention of Florida • Landscape Workshop LLC • PowerX • Lawn Pro Professional Lawn & Tree Service, Inc • Douglas Orr Plumbing, Inc • Starfire Lock & Door Specialist, Inc • ETEK Fire Alarms, Inc • MGC Roofing & Construction Inc • AXCEX Media LLC • Precise Stripes, LLC • Weathermakers Air Conditioning Contractors, Inc • The Go 2 Guy LLC • Tewes Design Group • Quest Engineering • CALC Engineering LLC • FPD Painting Corp • Opler Flooring Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Miar N IFort 36 Packet Pg. 114 2.2.d PROPERTY REFERENCE FORM INSTRUCTIONS Proposers shall provide a minimum of three (3) examples of existing affordable residential rental properties under their ownership and/or management, similar in size, scope, and complexity as the Subject Properties described in this RFP. Submitted examples shall include the name and address of the property, years under the Proposer's ownership or management, a brief description of the property, including number of units, number of residents, and any rental restrictions, and a brief description of the services provided by the Proposer. The reference provided below should be for one (1) property reference. FAILURE TO COMPLETE AND SUBMIT THIS FORM MAY RESULT IN THE PROPOSAL BEING REJECTED AS NON -RESPONSIVE. Name of Property: Sunset Station Condominiums Property Address: 5975 Sunset Drive, South Miami, FL 33143 Property Owner/ Contact Information: Terry Perrin, President of Association Years Under Proposer's Ownership or Management: 7 years Brief Description of the Property: Property consist of 38 condominium units in an 8-story building. Adjacent to the 8-story building is a 6-story parking garage. Brief Description of the Property Management Services Provided by Proposer: Full service property management and maintenance services, accounting, financial statements and collection of all assessments Compensation Received: Flat fee Proposer's Certification of Information By signing below, I certify that all information stated above is true and correct to the best of my knowledge. Authorized Agent Signature: Authorized Agent Name and Title: T i�r e 1-v) ., r� s , 4247- Date: 3-it- z,f Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NIMiami Fort 37 Packet Pg. 115 2.2.d PROPERTY REFERENCE FORM INSTRUCTIONS Proposers shall provide a minimum of three (3) examples of existing affordable residential rental properties under their ownership and/or management, similar in size, scope, and complexity as the Subject Properties described in this RFP. Submitted examples shall include the name and address of the property, years under the Proposer's ownership or management, a brief description of the property, including number of units, number of residents, and any rental restrictions, and a brief description of the services provided by the Proposer. The reference provided below should be for one (1) property reference. FAILURE TO COMPLETE AND SUBMIT THIS FORM MAY RESULT IN THE PROPOSAL BEING REJECTED AS NON -RESPONSIVE. Name of Property: Town Park Plaza North Condominiums Property Address: 1945 NW 5th Place, Miami, FL 33136 Property Owner/ Contact Information: Southeast Overtown/Park West Community Redevelopment Agency Years Under Proposer's Ownership or Management: 0.5 years Brief Description of the Property: Property consist of 23 condominium units ranging from 2 to 4 bedrooms. The condition of the units range from newly refurbished to poor conditions. Currently there are 3 units leased. Brief Description of the Property Management Services Provided by Proposer: Full service management, accounting, financial statement preparation, rent billing and collection and payment of all operating expenses. Compensation Received: Flat fee Proposer's Certification of Information By signing below, I certify that all information stated above is true and correct to the best of my knowledge. Authorized Agent Signature: Authorized Agent Name and Title: Date: Ild16 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NIir: Fa; 38 Packet Pg. 116 2.2.d PROPERTY REFERENCE FORM INSTRUCTIONS Proposers shall provide a minimum of three (3) examples of existing affordable residentiai rental properties under their ownership and/or management, similar in size, scope, and complexity as the Subject Properties described in this RFP. Submitted examples shall Include the name and address of the property, years underthe Proposer's ownership or management, a brief description of the property, Including number of units, number of residents, and any rental restrictions, and a brief description of the services provided by the Proposer. The reference provided below should be for one (1) property reference, FAIL TO CO D SUBMIT `I'1 IS _FLU SULTI PROPUSAL REJECTED. AS .NON.RESPONSIVEF Name of Property: Bayview Palms Condominium Property Address: 1805 Sans Souci Blvd., North Miami, FL 33181 & 1806 Sans Souci Blvd., North Miami, FL 33181 Property Owner/ Contact information: Bayview Palms Condominium Margarita Rivera-FIOA On -Site Manager Years Under Proposer'sOwnership or Management: 1 Year & 7 Months Brief Description of the Properly: Condominium built in 1971, managed 54 units in one 5-story building & managed 4 units in one 5-story building. All managed units were 1 bedroom and 1 1/2 bathrooms. Condition of units ranged from poor conditions to fair. Brief Description of the Property Management Services Provided by Proposer: Full service managment, accounting, financial statement preparation, yearly budgets, weekly property management meetings (review maintenance/repairs/tenant delinquencies),rent billing, collections and payment of all operating expenses, post default notices, coordinate maintenance/ repairs per Landlord responsibility, conduct move-in/move-out walkthrough, oversaw tenant evictions. Compensation Received: Flat fee Pr s r' Certi icaa [ n of Irlfc�rrrra la By signing below, I certify that all information stated above is true and correct to the best of my knowledge, Authorized Agent Signature: Authorized Agent Name and Title: Date: Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response Miami 39 N IFort ��.��,� Packet Pg. 117 2.2.d PROPOSER REFERENCE FORM INSTRUCTIONS Proposers shall provide a minimum of three (3) references. Submitted references shall include the reference's name, address, phone number, any comments from the reference, and the reference's signature and date signed. The SEOPW CRA reserves the ability to contact submitted references. The reference provided below should be for one (1) reference and shall be completed by the reference, not the Proposer. FAILURE TO COMPLETE AND SUBMIT THIS FORM MAY RESULT IN THE PROPOSAL BEING REJECTED AS NON -RESPONSIVE, Reference Name Brian Zeltsman Reference Address: 819 NW 2nd Avenue, 3rd Floor, Miami, FL 33136 Reference Organization/Company: Southeast Overtown/Park West Community Redevelopment Agency Reference Title: Director of Architecture and Development Reference Phone Number: 305 679 6827 Reference Email: bzeltsman@miamigov.com Comments Working with NAI Miami !Fort Lauderdale has been a positive experience for our building management and leasing needs. They have impressive response time, quickly addressing maintenance requests and urgent issues. Their leasing team is just as efficient, providing great service to potential tenants and ensuring that all lease agreements are handled smoothly. I can always count on them to manage both aspects of the property professionally. Reference Certification of Information By signing below, I certify that all information stated above is true and correct to the best of my knowledge. Signature: Name and Title: 012/41\) zab-r* /, Date: 3(i 1 'zii j Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) N IMiao Fort 40 Packet Pg. 118 2.2.d PROPOSER REFERENCE FORM INSTRUCTIONS Proposers shall provide a minimum of three (3) references. Submitted references shall Include the reference's name, address, phone number, any comments from the reference, and the reference's signature and date signed, The SEOPW CRA reserves the ability to contact submitted references. The reference provided below should be for one (1) reference and shall be completed by the reference, not the Proposer. FAILURE I COMPLETE AND SUBUNIT THIS ORM MAY RESU T N THE PROPOSAL_ E NG REJECTED AS NON -RESPONSIVE. Reference Name Mark Winter-Gitelson Reference Address: ii N Fm n2e, Ste 33n, Austin}Ix 7$734 Reference Organization/Company: 500 NE 185th Street Owner. LLC Reference Title: Owner Reference Phone Number: 973-920-0278 Reference Email: mark@yrep.com Comments am pleased with NAI Miami I Fort Lauderdale 's building management and leasing services. They oversee both day-to-day operations and emergencies with great efficiency. Their leasing team is always responsive, ensuring the leasing process is seamless and that tenant needs are addressed promptly. The overall professionalism and quick turnaround on any issue give me confidence in their ability to manage the property well. Rgfg[ence rdificatign,_gf Information By signing below, 1 certify that all information stated above is true and correct to the best of my knowledge. Signature: Name and Title: Date: Mark Winter-Gitelson March 11, 2025 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Packet Pg. 119 PROPOSER REFERENCE FORM 2.2.d INSTRUCTIONS Proposers shall provide a minimum of three (3) references. Submitted references shall include the reference's name, address, phone number, any comments from the reference, and the reference's signature and date signed. The SEOPW CRA reserves the ability to contact submitted references. The reference provided below should be for one (1) reference and shall be completed by the reference, not the Proposer. FAILURE TO COMPLETE AND SUBMIT THIS FORM MAY RESULT IN THE PROPOSAL BEING. REJECTED AS NON -RESPONSIVE, Reference Name Lianne Suarez Reference Address: 3700 W 12th Street, Hialeah, FL 33012 Reference Organization/Company: Indago Holdings LLC Reference Title: Owner Reference Phone Number: 305 825 6588 eference Email: liannesuarez@indagoresearch.org Comments NAI Miami ( Fort Lauderdale has been a dependable partner in managing our building and handling leasing services. They respond quickly to maintenance and emergency issues, ensuring minimal disruption for tenants. Their leasing services are equally efficient, from processing new leases to managing renewals. The combination of their responsiveness and professionalism makes them an excellent choice for both building management and leasing. Reference Certification of Information By signing below, I certify that knowledge. Signature: Name and Title: Date: tated above is true and correct to the best of my Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NIMian Fort • 42 Packet Pg. 120 2.2.d PROPOSER REFERENCE FORM INSTRUCTIONS Proposers shall provide a minimum of three (3) references. Submitted references shall include the reference's name, address, phone number, any comments from the reference, and the reference's signature and date signed. The SEOPW CRA reserves the ability to contact submitted references. The reference provided below should be for one (1) reference and shall be completed by the reference, not the Proposer. FAILURE TO COMPLETE AED SUBMIT THIS FORM MAY RESULT IN THE PROPOSAL BEING REJECTED AS NON -RESPONSIVE, Reference Name Jennifer Garcia Reference Address: 40 NW 3rd Street, Miami, FL Reference Organization/Company: Court House Center Master Association Reference Title: Senior Protect & Property Manager Reference Phone Number: 305 373 6789 Reference Email, jgarcia@miamiparking.com Comments NAI Miami I Fort Lauderdale has consistently provided excellent building management and leasing services. They are quick to respond to both building maintenance needs and leasing inquiries, ensuring that everything runs smoothly. Whether it is a routine issue or an emergency, they manage matters efficiently and effectively. Their responsiveness and professionalism make them a dependable partner in managing the property. Reference Certificatio of Information By signing below, I cj ifyj hat all information stated above is true and correct to the best of my knowledge. ► ftlitcy Signature; Name and Title: Date: er Garcia, Senor Project & Property Manager 3-21-2025 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NI 43 Packet Pg. 121 PROPOSER REFERENCE FORM 2.2.d INSTRUCTIONS Proposers shall provide a minimum of three (3) references. Submitted references shall include the reference's name, address, phone number, any comments from the reference, and the reference's signature and date signed. The SEOPW CRA reserves the ability to contact submitted references. The reference provided below should be for one (1) reference and shall be completed by the reference, not the Proposer. FAILURE TO COMPLETE AND SUBMIT THIS FORM MAY RESULT IN THE PROPOSAL BEING REJECTED AS NON -RESPONSIVE, Reference Name Gene Goldstein Reference Address: 244 Gano Street, Providence, RI 02906 Reference Organization/Company: Royal Gate Miami, LLC Reference Title: Manager Reference Phone Number: 401 862 8714 Reference Email: genegoldstein@gmail.com Comments I have been very satisfied with the building management and leasing services offered by NAI Miami I Fort Lauderdale. Their response time is always prompt, and they can address emergencies quickly without disrupting the overall operation of the building. Their leasing team is also very efficient, handling tenant inquiries and leasing renewals with great attention to detail. It is clear they take pride in providing high -quality service. Reference Certification of Information By signing below, I certify that all information stated above is true and correct to the best of my knowledge. Signature: Name and Title: Date: Goldstein-EuqManager e e '1/11 /7025 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) N IMia For 44 Packet Pg. 122 PROPOSER REFERENCE FORM 2.2.d INSTRUCTIONS Proposers shall provide a minimum of three (3) references. Submitted references shall include the reference's name, address, phone number, any comments from the reference, and the reference's signature and date signed. The SEOPW CRA reserves the ability to contact submitted references. The reference provided below should be for one (1) reference and shall be completed by the reference, not the Proposer. FAILURE TO COMPLETE AND SUBMIT THIS FORM MAY RESULT IN THE PROPOSAL BEING REJECTED AS NON -RESPONSIVE, Reference Name Art Noriega Reference Address: 444 SW 2nd Avenue, 10th Floor, Miami, FL 33130 Reference Organization/Company: City of Miami Reference Title: City Manager Reference Phone Number: 305 250 5400 Reference Email: anoriega@miami.gov Comments Reference Certification of Information By signing below, I certify that all information stated above is true and correct to the best of my knowledge. REQUEST IN PROCESS. Signature: Name and Title: Date: Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) NA! Miar Fort 45 Packet Pg. 123 2.2.d Proposer's Qualifications NAI Miami Fort Lauderdale has a deep understanding of working with municipal entities based on its 25+ years of experience. The firm has worked with the following governmental entities: 1. Miami Parking Authority • Landlord Representation • Tenant Representation • Property Management • Construction Management • Consulting • Valuation Services Since 2006 2. City of Miami DREAM Since 2014 • Tenant Representation • Emergency Real Estate Procurement • Shops of Marlins Park » LEASING ONLY 3. Southeast Overtown/Park West Since 2013 Community Redevelopment Agency • Redevelopment Services » Overtown Plaza • Landlord Representation • Property Management • Consulting Services • Eminent Domain Consulting 2019 — 2020 4. Village of Pinecrest, Florida • Landlord representation » Pinecrest Gardens 5. City of Miami Gardens, Florida • Successful RFP proposal for first city hall » Landlord for first city hall 2008 2009 - 2014 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) N IMiarr Fort 46 Packet Pg. 124 2.2.d Proposer's Qualifications Our track record with governmental entities spans a wide range of services including landlord representation, tenant representation, construction management, property management, consulting services and valuations. It also has permitted the firm to understand and focus on the specialized governmental clients' needs and processes. Depending on the municipality or agency, the goals can range from a for profit opportunity, to assuring a fair market deal is obtained, to satisfying local community needs and goals. This has included redevelopment of a shopping center to bring an affordable grocer to a local food desert and providing local residents the opportunity to open their own businesses to serve the community. Another unique aspect of operating in public/private business relationships is adapting a private sector process to comply with the requirements of public process and the project cycles. Public entities have a higher standard than private entities to remain transparent, follow processes and protocol and obtain appropriate level approvals. These steps create unique situations which need to be addressed during the negotiation process including: 1. Advising all prospects their financial disclosures, business plans and other records submitted with their credit application are available to be obtained via Freedom of Information act request. 2. Advising all prospects that the lease terms and the entire lease are also public records available for any party to review. 3. The formal lease approval will occur only after the lease is fully negotiated and submitted to the approving governing board or commission which may take up to thirty (30) days or more to be added to the agenda and approved. With proper disclosures when interest is first identified and reasonable time expectations set, the process can be appropriately managed to yield a successful result of all stakeholders. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) N IMiao Fort 47 Packet Pg. 125 2.2.d Financial Information 0 a) Preliminary Budget and Project Pro Forma • Fee Structure b) Requested Financial Information c 0 0. U) a) a) 0 u) c 0. c 0 z 0 L) 1- 0. cc c E .c Packet Pg. 126 2.2.d Preliminary Budget & Project Pro Forma Pricing Monthly Management Fees: On Site Personnel (One Property Manager & One Assistant Property Manager) One -Time Start Up Fee: $8,000.00 per month $11,250.00 per month estimated. Actual monthly charges will vary. Paid. 0) c .cn ca J Retail/Office/Commercial: Residential: New leases: 6.00% of base rent for primary term. Minimum: $1,000.00 Renewals: 3.00% of base rent for primary term* Minimum: $500.00 New leases: $800.00 per lease Renewals: $400.00 per lease c +- o = o U E 3 N ctS C C UcrS 2 Jobs Less Than Or Equal To $10,000.00 In Value: Jobs More Than $10,000.00 In Value: * Must be under current written lease. 8.00 % of Value TBD for a monthly fixed fee for the project's duration. A project pro -forma is available for inspection at the proposer's corporate office located at 9655 South Dixie Highway, Suite 300, Pinecrest FL 33156 between the hours of 9:00 AM - 6:00 PM. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) Miami 49 N IFon Packet Pg. 127 2.2.d Requested Financial Information A current financial statement which includes a balance sheet, and a projected one-year income fiscal year for WLS, L.C. d/b/a NAI Miami I Fort Lauderdale is available for inspection at its corporate office located at 9655 South Dixie Highway, Suite 300, Pinecrest FL 33156 between the hours of 9:00 AM - 6:00 PM. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) N IMiao Fort 50 Packet Pg. 128 RFP Required Forms --attitigaVi AMU NM.* oisTr a) Conflict of Interest Disclosure Form WIN mounissu"ra b) Scrutinized Companies Certification Pursuant to Florida Statues § 287.135 c) Notification of Public Entity Crimes Law d) Notification of Public Records Law e) Drug -Free Workplace f) Non -Collusion Affidavit Packet Pg. 129 2.2.d CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposals: the name of any officer, director, or agent who is also an employee of Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"). Furthermore, all Proposers must disclose the name of any SEOPW CRA employee who owns, directly, or indirectly, an interest of more than five percent (5%) in the Proposer's entity or any of its branches. The purpose of this disclosure form is to give the SEOPW CRA the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any SEOPW CRA duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this Proposal. The undersigned entity, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this Proposal. Acknowledged by: WL1S, ..�b/a NAI Miami I Fort Lauderdale PrdpolsedlName Author d'Agent Signature Jerel, J,S. Larkin, CEO and Co -Chairman Authorized Agent Name and Title (Print or Type) March 12, 2025 Date as c 0 0. U) 0 a) 0 U) c 0. c 0 z 0 0 (o L) 1- a 0 m ti u- c E .c c0 NI 52 Packet Pg. 130 2.2.d SCRUTINIZED COMPANIES CERTIFICATION PURSUANT TO FLORIDA STATUTES § 287.135 1, Jeremy S. Larkin , on behalf of WLS, L.C. d/b/a NAI Miami I Fort Lauderdale, Print Name and Title Proposer Name certify that WLS, L.C. d/b/a NAI Miami I Fort Lauderdale Proposer Name does not: 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The Southeast Overtown/ Park West Community Redevelopment Agency ("SEOPW CRA") shall provide notice, in writing, to the Proposer of the SEOPW CRA's determination concerning the false certification. The Proposer shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Proposer does not demonstrate that the SEOPW CRA's determination of false certification was made in error, then the SEOPW CRA's shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statutes § 287.135. Section 287.135, Florida Statutes, prohibits the SEOPW CRA's from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, or are engaged in business operations in Syria. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) N Miatiii 53 Fort( — 4-1-'- Packet Pg. 131 2.2.d As the person authorized to sign on behalf of the Proposer, I hereby certify that the company/entity identified above in the section entitled "Proposer Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287,135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the SEOPW CRA for goods or services may be terminated at the option of the SEOPW CRA if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities the !fan Petroleum Energy Sector List. WLS L.C. d/b/a NAI Miami I Fort Lauderdale PRO' oSER NAME AU Je A ORIZED AGENT NAME (PRINT OR TYPE) ri RIZED AGENT SIGNATURE S. Larkin CEO and Co -Chairman TITLE Must be executed and returned with the submitted Proposal to be considered. as c 0 a U) a) a) 0 U) c 0. c 0 0 0 0 L) 1- a• 0: m ca m ti 0 u- c E .c c0 NI 54 Packet Pg. 132 2.2.d NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a Bid/Proposal on a contract to provide any goods or services to a public entity, may not submit a Bid/Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids/Proposals on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub -vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: WILSL)d/b/a NAI Miami I Fort Lauderdale P Name Au h• ( d A ent Signature Je : S. Larkin, CEO and Co -Chairman Authorized Agent Name and Title (Print or Type) March 12, 2025 Date as c 0 0. U) a) a) 0 U) c 0. c 0 0 0 0 (o L) 1- a 0 m ti u- c E .c ca N IMiao Fort 55 Packet Pg. 133 2.2.d PUBLIC RECORDS LAW Notification of Public Records Law Pertaining to Public Contracts and Requests for Contractor Records Pursuant to Chapter 119, Florida Statutes Pursuant to Chapter 119, Florida Statutes, Contractor shall comply with the public records law by keeping and maintaining public records required by the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") to perform the service. Upon request from the SEOPW CRA custodian of public records, contract shall provide the SEOPW CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract If the Contractor does not transfer the records to the SEOPW CRA. Contractor upon completion of the contract, shall transfer, at no cost, to the SEOPW CRA all public records in possession of the Contractor or keep and maintain public records required by the SEOPW CRA to perform the service. If the Contractor transfers all public records to the SEOPW CRA upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the SEOPW CRA, upon request from the SEOPW CRA custodian of public records, in a format that is compatible with the information technology systems of the SEOPW CRA. IF THE AWARDED PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE AWARDED PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, KIM PHAN, ESQ., AT THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY, 20 N. SWINTON AVE., SOUTHEAST OVERTOWN PARK WEST FLORIDA AND MAY BE CONTACTED BY PHONE AT (786) 616-8997 OR VIA EMAIL AT dchiverton(miamigov.com Acknowledged WLS, p/a NAI Miami 1 Fort Lauderdale Propo e pin Name Author's sent Signature Jere y`Larkin, CEO and Co -Chairman AuthorI4-dAgent Name and Title (Print or Type) March 12, 2025 Date Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) N IMiar Fort 56 Packet Pg. 134 DRUG -FREE WORKPLACE 2.2.d WLS, L.C. d/b/a NAI Miami I Fort Lauderdale is a drug -free workplace and has (Proposer/Firm Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: WLS, L. ;;d/b/a NAI Miami I Fort Lauderdale ProPo Firm Name Authorized Agent Signature JerS. Larkin, CEO and Co -Chairman Authorized Agent Name and Title (Print or Type) March 12, 2025 Date c 0 0. U) 0 a) 0 U) c 0. c 0 0 0 0 (o L) 1- a 0 m ti a0 u- c E .c c0 NI 57 Packet Pg. 135 NON -COLLUSION AFFIDAVIT 2.2.d STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared Jeremy S. Larkin duly sworn, deposes and says of his/her personal knowledge that: a. He / She is Authorized Agent of WLS, L.C. d/b/a NAI Miami i Fort Lauderdale, the Proposer that has submitted a Proposal to perform work for the following: RFP No.: 2025-01 Title: CEO and Co -Chairman , who, after being by me first b. He / She is fully informed respecting the preparation and contents of the attached Request for Proposals, and of all pertinent circumstances respecting such Solicitation. Such Proposal is genuine and is not a collusive or sham Proposal. c. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Solicitation and contract for which the attached Proposal has been submitted or to refrain from proposing in connection with such Solicitation and contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer, firm, or person to fix the price or prices in the attached Proposal or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the Southeast Overtown Park West Community Redevelopment Agency or any person interested in the proposed contract. d. The price or prices quoted in the attached Proposal are fair and proper an are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer pr arty of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to (or Authorized Agent Signature affirmed) before me this 1 7 day of vc1) , who is <personally known to m) or who has as identification SEAL .if(4% Francheska Castano Comm : HH 483425 •. o Expires: Jan. 22, 2028 F O•' Notary Public - State of Florida Notary Signature Notary Name: V XG7 = ) k- t ,-,-(1) i Notary Public (State): =r((7tvld My Commission No: “-t-f 9-4L Expires on: / Z Z / SOT -4J 20_, by produced Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) - roil! Miai Fort 58 Packet Pg. 136 2.2.d Exhibits 0 9 a) Addendum No. 2 b) Addendum No. 1 c) RFP for SEOPW CRA Residential Properties J 7 5, CAI !4` re' ••r r r mg „ip-r• �). •" 1 r r: $.ti • q • 1 /_ , „ , IIMENFZ :IS71T•= 7.5. : - eso ution cceptin • o e - esponse; Packet Pg. 137 2.2.d Christine King Board Chair James D. McQueen Executive Director SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS SEOPW CRA PROPERTY MANAGEMENT SERVICES RFP NO: 2025-01 ISSUE DATE: Wednesday, February 19, 2025 Addendum No. 2 TO: ALL PROSPECTIVE PROPOSERS: The following are changes to the original Request for Proposals published, in this case, updating the Proposal Submission deadline and drop-off location (Main page, Section II, Section C, and Section VI). *NOTE: Any proposals submitted at 1490 NW 3rd Ave, Suite 106, Miami, FL 33136 will be considered, and you do not need to submit another proposal. 1. Main Page ISSUE DATE Wednesday, February 19th, 2025 VOLUNTARY PRE -PROPOSAL MEETING Wednesday, February 26th, 2025, 11:OOAM EST QUESTION SUBMITTAL DEADLINE Wednesday, March 5th, 2025, 6:OOPM EST PROPOSAL SUBMISSION DEADLINE Wednesday, March 26th, 2025, 3:0OPM EST SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY 819 NW 2"d Avenue, 3id Floor I Miami, FL 33136 (305) 679-6800 I www.seopwcra.com Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 60 Packet Pg. 138 Christine King Board Chair 2. James D. McQueen Executive Director IL RFP OVERVIEW RFP Issued Wednesday, February 19th, 2025 Pre -Proposal Meeting Date and Location Attendance is VOLUNTARY and recommended but is not mandatory. is Wednesday February 26th, 2025, at 11:OOAM EST In person at: The Office of the City Cleric City of Miami 3500 Pan American Drive Miami, FL 33133 Southeast Overtown Park West SEOPW CRA 1190 NW 3�= Avenue, Suite 106, Miami, FL 33136 Question Submittal Deadline Wednesday; March 5, 2025, at 5:OOPM EST Questions must be submitted in writing via email to: David Chiverton, Administrator_ dchiverton a miamigov.com Proposal Submission Due Date and Location Wednesday; March 2612, 2025, at 3:OOPM EST Drop -Off or Mail Proposals to: The Office of the City Clerk City of Miami 3500 Pan American Drive Miami, FL 33133 Southeast- Overtown/Park West SEOPW CPA Attention: David Chiverton 1'180 NW 3'i Avcnue, Suite 106, Miami, FL 33136 SOUTHEAST OVERTOWN'PARK WEST COMMUNITY REDEVELOPMENT AGENCY 819 NW 2' Avenue, 3' Floor ' Miami, FL 33136 (305) 679-6800 1 www.scopwcra.com Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 61 Packet Pg. 139 Christine King Board Chair James D. McQueen Executive Director SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS SEOPW CRA PROPERTY MANAGEMENT SERVICES RFP NO: 2025-01 ISSUE DATE: Wednesday, February 19, 2025 Addendum No. 1 TO: ALL PROSPECTIVE PROPOSERS: The following are changes to the original Request for Proposals published, in this case, removing property to the subject properties (Section III) and updating the Proposal Submission due date (Section C) of the RFP. 1. SUBJECT PROPERTIES: 1. 2. 3_ 4_ 2. 155 NW 10th Street Town Park Plaza North, 1990 NW 4th Court Tuin Homes, 1900 N_W_ 2nd Court St_ John's Church Biuldings a_ Office Building, 2 story b. Mixed use, retailiapartments c_ Church building 3 Schoolbuildinn Lyric Point Black Police Precinct Museum_480 NW 11th St. and other acquired properties in the future Proposal Submission Due Date: EST. Proposal Submission Location: CRA Office END OF ADDENDUM 9-unit apartment 23 condominium units 1 duplex 4 units 2 retail units, 2 apartments Retail — Sublease and managetnent Museum Wednesday, March 512, 2025, by 3:OOPM Southeast Overtown/Park West SEOPW 1490 % 3" Avenue, Suite 106, Miami, FL 33136 All attachments (if any) are available on the SEOPW CRA website at: www.seopwcra.com. SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY 819 NW 2rd Avenue, 3rd Floor I Miami, FL 33136 (305) 679-6800 I www.seopwcra.com Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 62 Packet Pg. 140 2.2.d SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (SEOPW CRA) REQUEST FOR PROPOSAL (RFP) SEOPW CRA NO. 2025-01 PROPERTY MANAGEMENT SERVICES FOR SEOPW CRA-OWNED RESIDENTIAL PROPERTIES ISSUE DATE Wednesday, February 19th, 2025 VOLUNTARY PRE -PROPOSAL MEETING Wednesday, February 26th, 2025, 11:OOAM EST QUESTION SUBMITTAL DEADLINE Wednesday, March 5th, 2025, 5:OOPM EST PROPOSAL SUBMISSION DEADLINE Wednesday, March 12th, 2025, 3:OOPM EST CONTACT DAVID CHIVERTON, ADMINISTRATOR - OVERTOWN BUSINESS RESOURCE CENTER SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY dchiverton©miamigov.com 786-616-8997 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 63 Packet Pg. 141 2.2.d Table of Contents I. INVITATION 3 II. RFP OVERVIEW 4 III. PROPERTY INFORMATION 5 IV. PROPERTY MANAGEMENT SERVICES 7 V. PROPOSER'S MINIMUM QUALIFICATION AND EXPERIENCE REQUIREMENTS AND PROPOSAL SUBMITTAL REQUIREMENTS 9 VI. EVALUATION AND SELECTION 15 VII. GENERAL TERMS AND CONDITIONS 17 VIII. DISCLOSURE AND DISCLAIMERS 20 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 64 Packet Pg. 142 2.2.d I. INVITATION The Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is seeking proposals from qualified providers specializing in leasing and management of affordable residential rental properties, including single-family homes, multi -family homes, and apartments, to provide property management services for SEOPW CRA-owned affordable residential rental properties ("Property Management Services"), more specifically described in Article III and Article IV of this RFP. Any submitted Proposal must clearly address and contain all items and forms requested. The SEOPW CRA reserves the right to accept any Proposal deemed to be in the best interest of the SEOPW CRA, to waive any minor irregularities, scrivener's errors, omissions, deviations, and/or technicalities in any Proposal(s), or to reject any or all Proposal(s), and to re -advertise for new Proposal(s). Proposers are advised that Proposals submitted with irregularities, omissions, errors, deviations, and/or technicalities that, at the sole discretion of the SEOPW CRA, do not meet the minimum requirements of the RFP, may result in a non -responsive determination. Proposers will not be given the opportunity to cure any irregularity, omission, error, deviation, and/or technicality. It is at the sole discretion of the SEOPW CRA to waive or not waive any irregularity, omission, error, deviation, and/or technicality. The SEOPW CRA is vested by the State of Florida pursuant to its powers under Florida Statutes, Chapter 163, Part III, the Community Redevelopment Act of 1969 as amended, with the authority to request proposals for the redevelopment of any area within its District to effectuate redevelopment pursuant to the goals and objectives of the SEOPW CRA Redevelopment Plan. Proposals will be evaluated based on the procedures and criteria stated within Article VI of this RFP. The SEOPW CRA intends to negotiate an Agreement for Property Management Services upon the award of this RFP to a Proposer that best satisfies the evaluation criteria, and the selection of that Proposer is deemed to serve in the best interest of the SEOPW CRA. Proposers are required to submit one (1) original hard copy of their full Proposal in a hard cover binder, "Request for Proposals SEOPW CRA No. 2025-01, Property Management Services for SEOPW CRA- Owned Residential Properties. All Proposals shall be delivered (mailed or hand -delivered) to the SEOPW CRA at: Southeast Overtown/Park West SEOPW CRA — 1490 NW 3rd Avenue, Suite 106, Miami, FL 33136 Phone: (786) 616-8997 The responsibility for submitting a Proposal at the correct location on or before the stated time and date is solely and strictly that of the Proposer. The SEOPW CRA is not responsible for any delayed, late, misdelivered, or non -delivered Proposal(s), no matter the cause. c 0 0. U) a) 0 U) c 0. c 0 0 0 0 CO L) 1- 0. cc m ti 0 u- c .c 65 Packet Pg. 143 2.2.d IL RFP OVERVIEW RFP Issued Wednesday, February 19th, 2025 Pre -Proposal Meeting Date and Location Attendance is VOLUNTARY and recommended but is not mandatory. is Wednesday February 26th, 2025, at 11:OOAM EST In person at: Southeast Overtown Park West SEOPW CRA - 1490 NW 3rd Avenue, Suite 106, Miami, FL 33136 Question Submittal Deadline Wednesday, March 5, 2025, at 5:OOPM EST Questions must be submitted in writing via email to: David Chiverton, Administrator_ dchiverton a@miami•ov.com Proposal Submission Due Date and Location Wednesday, March 12, 2025, at 3:OOPM EST Drop -Off or Mail Proposals to: Southeast Overtown/Park West SEOPW CRA Attention: David Chiverton - 1490 NW 3rd Avenue, Suite 106, Miami, FL 33136 Evaluation Committee TBD SEOPW CRA Board Meeting TBD • The SEOPW CRA reserves the right to advance or delay the above scheduled dates. • Mailed Proposals will be considered timely when received by the SEOPW CRA at the stated Location on or before the stated Due Date. All Proposals will be timestamped by the SEOPW CRA when received. Proposals not received by the SEOPW CRA by the Due Date at the stated Location shall not be reviewed or considered by the SEOPW CRA. BROADCAST All documents related to this RFP, including any addenda, can be obtained from the SEOPW CRA's website www.seopwcra.com. Proposers who obtain solicitation information from sources other than those named above are cautioned that the RFP package may be incomplete and incomplete Proposal submittals may be deemed non -responsive by the SEOPW CRA. The SEOPW CRA is not responsible for errors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 66 Packet Pg. 144 2.2.d CONTACT PERSON Any questions regarding the RFP documents and/or solicitation process must be submitted in writing to David Chiverton, Administrator at dchivertown(a�miamigov.com. Questions must be received prior to the Question Submittal Deadline. Oral explanations, information, and instructions shall not be considered binding on the SEOPW CRA. All prospective Proposers are encouraged to independently verify the accuracy of any information provided. Neither the SEOPW CRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any Proposer. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 67 Packet Pg. 145 2.2.d III. PROPERTY INFORMATION The SEOPW CRA plays an active role in addressing and meeting the affordable housing needs of the current and projected population within the SEOPW CRA District. The SEOPW CRA owns residential rental properties including single-family homes, multi -family homes, and apartments, which are available to individuals, families, and seniors that the SEOPW CRA aims to keep affordable for the long-term. The properties for which the Successful Proposer will be providing Property Management Services, hereinafter known as the Subject Properties, are described below, including any applicable rental restrictions. SUBJECT PROPERTIES: 1. 155 NW 10th Street 2. Town Park Plaza North, 1990 NW 4th Court 3. Twin Homes, 1900 N.W. 2nd Court 4. St. John's Church Buildings a. Office Building, 2 story b. Mixed use, retail/apartments c. Church building d. School building 5. Lyric Point 6. Black Police Precinct Museum,480 NW llth St. 7. and other acquired properties in the future 9-unit apartment 23 condominium units 1 duplex 4 units 2 retail units, 2 apartments Retail — Sublease and management Museum Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 68 Packet Pg. 146 2.2.d IV. PROPERTY MANAGEMENT SERVICES A. Objective The SEOPW CRA intends to enter into a Property Services Management Agreement (Agreement) with a provider specializing in the leasing and management of affordable residential rental properties, including single family homes, multi -family homes, and apartments. The Property Management Services will assist in furthering the goals and objectives of the SEOPW CRA, particularly the SEOPW CRA's goals and objectives that support affordable housing initiatives, as contained in the SEOPW CRA's Redevelopment Plan. Proposers must propose Property Management Services for all the Subject Properties to be considered responsive by the SEOPW CRA. B. Property Services Agreement (Agreement) The Agreement will be negotiated between the Successful Proposer (a Proposer who is awarded an Agreement by the SEOPW CRA Board) and the SEOPW CRA. The specifications, terms, and conditions of the Agreement will be subject to the mutual written agreement of both parties. Subject to SEOPW CRA Board approval, the term of the Agreement between the SEOPW CRA and the Successful Proposer will be for an initial five (5) year period and may be renewed for up to one (1) additional five (5) period thereafter, subject to the mutual written agreement of both parties. Expenses incurred by the SEOPW CRA as the Property Owner during the term of the Agreement, including, but not limited to property insurance, real estate taxes, legal fees, etc., will be paid by the Successful Proposer (Lessee), C. Lessee's/Successful Proposer's Responsibilities The responsibilities of the Lessee include, but are not limited to, the following: To manage and maintain units, advertise units, to lease units, to perform screening of prospective tenants in conformance with SEOPW CRA policies, to prepare leases, to execute new leases, to renew and/or cancel existing leases, to collect rents and deposits, to institute and prosecute actions and recover possession of leased units and rents due and/or to settle, compromise, or reinstate tenancies when in the best interest of the SEOPW CRA, to hire, discharge, and pay all administrators, janitors, and other employees, to make all necessary repairs and replacements in a timely manner, to enter in all agreements for utility services, supplies, and maintenance, to pay all related repair, replacement, maintenance, and utility bills, maintain ongoing contracts for security, monthly pest control, landscaping, elevator (if applicable), and fire inspections, to manage and maintain operating account for expenses and use all funds collected pursuant to the Agreement, to provide quarterly financial and property reports, to pay property taxes and property insurance (the Lessor shall pay as the Property Owner and shall be reimbursed by the Lessee), to have an employee available 24 Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 69 Packet Pg. 147 2.2.d hours a day, seven (7) days a week during the entirety of the term of the Agreement, to establish procedures for tenant complaints and requests, to notify the SEOPW CRA of all paid invoices that are paid on behalf of the SEOPW CRA as the Owner of the Subject Properties. The Lessee's Responsibilities will be more particularly described within the Agreement between the Successful Proposer and the SEOPW CRA. D. Lessor's/Property Owner'sISEOPW CRA's Responsibilities The responsibilities of the Lessor include, but are not limited to the following: To refer prospective tenants who contact the SEOPW CRA to the Lessee, to provide Lessee with copies of all current lease agreements that will be assigned to the Lessee, to provide Lessee with keys and access to units, to provide Lessee with copies of warranties and contracts related to the Subject Properties, to maintain and pay for property insurance on Subject Properties and pay property taxes for the Subject Properties (which shall be reimbursed to the Lessor by the Lessee). The Lessor's Responsibilities will be more particularly described within the Agreement between the Successful Proposer and the SEOPW CRA. E. Assignment of Existing Leases The existing lease agreements between the SEOPW CRA and any current tenants, or between the current property management provider (on behalf of the SEOPW CRA) and any current tenants, shall be assigned to the Lessee/Successful Proposer during the term of the Agreement. THIS SECTION IS INTENTIONALLY BLANK. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 70 Packet Pg. 148 2.2.d V. PROPOSER'S MINIMUM QUALIFICATION AND EXPERIENCE REQUIREMENTS AND PROPOSAL SUBMITTAL REQUIREMENTS The following information and documents must be submitted with each Proposal. Failure to provide any of the information or documents, or failure to provide the information in the required format, may be cause for determination that the Proposer is non -responsive, at the sole and absolute discretion of the SEOPW CRA. Proposals deemed non -responsive may be disqualified, rejected, and receive no further consideration at the sole and absolute discretion of the SEOPW CRA. Proposers must submit all documents and forms as required- fully completed and signed. Proposers shall prepare their Proposal utilizing the same format as outlined below in Article V, Section B, Proposal Submission Format. Each Proposal must contain a "Table of Contents" and each item listed within the Table of Contents must be separated by labelled tabbed divider. The Proposer shall submit one (1) original hard copy of the full Proposal containing in a hard cover binder, and one (1) electronic, searchable .pdf file of the full Proposal on a USB drive. Double -sided printing is permitted, provided that the Proposal complies with the format set forth in Article V, Section B, Proposal Submission Format. Do not include additional information not requested in this RFP, unless specified in an Addendum. Proposers are not to submit any information in response to this RFP that has not been specifically requested or which the Proposer considers confidential. Submission of any confidential information will be deemed a waiver of any confidentiality or other such protection, which would otherwise be available to the Proposer, except as specifically permitted under the State of Florida Statutes. The submission of such documentation may adversely affect the evaluation of the Proposal by the Evaluation Committee. This RFP requires the use and submission of specific SEOPW CRA forms. The SEOPW CRA forms shall not be expanded or altered. Failure to utilize the SEOPW CRA's forms will result in the rejection of the Proposal as non- responsive at the sole and absolute discretion of the SEOPW CRA. The SEOPW CRA reserves the right to validate any and all information submitted by a Proposer. At its sole and absolute discretion, the SEOPW CRA may disqualify any Proposer if the SEOPW CRA determines that their Proposal does not sufficiently document qualifications and experience. Further, at its sole and absolute discretion, the SEOPW CRA may request and require that additional information be provided by a Proposer. The Proposal must be manually and duly signed by an authorized agent with an original signature in full. Anyone signing the Proposal as an agent, must submit evidence of signature authority with it. Proposers understand that submitting a Proposal to this RFP does not constitute an agreement between the SEOPW CRA and the Proposer. Proposer has no contract right or expectation by submitting to the SEOPW CRA a response to this RFP. The following describes the information that must be provided to the SEOPW CRA in order for the SEOPW CRA to consider a Proposal. Failure of the non-profit entity to provide any of the information or failure to provide the information in the required format may be cause for the SEOPW CRA to reject the Proposal. The SEOPW CRA retains the right at its sole and absolute discretion to reject any Proposal that does not meet the requirements of this RFP. c 0 0. U) a) 0 u) c 0. c 0 0 0 L) 1- 0. co m ti 0 c 0 E c0 71 Packet Pg. 149 2.2.d A. Proposal Requirements I. Table of Contents: The Table of Contents should follow in sequential order as specified in Article V, Section B, Proposal Submission Format. All pages of the Proposal must be consecutively numbered and correspond to the Table of Contents. 2. Proposer's Information: Proposers shall complete and submit the Proposal Acknowledgment Form provided in Article IX, Required Forms. 3. Narrative: Proposers shall include a general introduction statement, and a brief overview and description of the non-profit entity. In addition, Proposers shall provide a thorough explanation of its qualifications and experience managing similar affordable residential rental properties and why it is the most qualified to provide the required Property Management Services to the SEOPW CRA. 4. Proposal; Proposals shall include a thorough explanation of the Property Management Services that the Proposer will provide to the SEOPW CRA and for the Subject Properties. Proposals shall also include a thorough explanation of how the Proposer intends to provide the Property Management Services and fulfill the Lessee's Responsibilities. Proposers should include all information they believe would be beneficial for the Evaluation Committee to consider when reviewing the Proposer's Proposal. 5. Qualifications of the Proposer: Proposers shall be licensed and authorized to conduct business in the State of Florida for the last five (5) years under its current business name (current business name means the actual official name on file with the State of Florida of the entity submitting the Proposal). Proposers shall provide the necessary documentation to support the above. Additionally, Proposers shall provide the following information within their Proposal: • Description of the Proposer's entity, including the legal organizational structure and copies of appropriate certifications and licenses. • Provide a copy of its City of Miami Business Tax Receipt. a) c 0 0. U) a) a) 0 U) c 0. c 0 z 0 0 CO L) 1- 0. cc m ti a) u- c 0 E ca 72 Packet Pg. 150 2.2.d • The full name, address, and phone number of the Proposer. Additionally, a complete list of the Proposer's Board of Directors including names, addresses and phone numbers and the name of the Proposer's Executive Director. If the Proposer is affiliated with another entity, please provide a statement representing the nature of the affiliation along with the other entity's name, address, phone number, and a listing of that entity's Board of Directors. • Proposers must make available for inspection at its place of business, a current (audited, if available) financial statement which includes a balance sheet, a three-year statement of past income, and a projected one-year income statement for the current fiscal year for the Proposer (and its parent entity if it is a subsidiary). Tax returns may be substituted for financial statements. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the Proposer to provide the required Property Management Services must be disclosed. • Proposer must submit a detailed disclosure of any prior or pending bankruptcies and legal and/or administrative actions which occurred during the past ten (10) yearswith the Proposal including case style, case number, where case was filed, nature of the case, and case disposition status. Note: The Successful Proposer must provide their own work facilities and support staff to provide the required Property Management Services for the term of the Agreement. Note: The Successful Proposer must have sufficient insurance coverage in types and amounts, as required and approved by the SEOPW CRA, to be in force at the time the Agreement takes effect, and the Successful Proposer must maintain the insurance for the term of the Agreement. The SEOPW CRA shall be named as an additional insured on all applicable policies. 6. Experience of the Proposer: Proposers MUST have a minimum of five (5) years of experience as a Property Manager specializing in the leasing and management of affordable residential rental properties, including single-family homes, multi -family homes, and apartments. Proposers shall provide the following information concerning the relevant experience of the Proposer as a Property Manager of affordable residential properties, including experience leasing and managing residential properties for seniors and residential properties with leasing restrictions, and the Proposer's Key Employees who will be directly involved in executing the Property Management Services: • Information on the Proposer's Key Employees, which shall include leasing agents, management personnel, and an onsite resident manager, and what these Key Employees' roles and responsibilities will be as they relate to the Subject Properties. If Key Employees have not been selected, Proposers must describe its method of selection and general approach to the hiring and development of the Key Employees as it relates to the Subject Properties. • Information on any Sub -Consultants that the Proposer has or will have a contract with, other than the employees of the Proposer, who assist in the performance of the Property Management Services required under this RFP. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 73 Packet Pg. 151 2.2.d • Proposers shall provide a minimum of three (3) examples of existing affordable residential rental properties under their ownership and/or management, similar in size, scope, and complexity as the Subject Properties described in this RFP. Submitted examples shall include the name and address of the property, years under the Proposer's ownership or management, a brief description of the property, including number of units, number of residents, and any rental restrictions, and a brief description of the services provided by the Proposer. • Proposers shall provide a minimum of three (3) references. Submitted references shall include the reference's name, address, phone number, any comments from the reference, and the reference's signature and date signed. The SEOPW CRA reserves the ability to contact submitted references. 7. Financial Information: Proposers shall provide a preliminary budget and project pro forma for the proposed Property Management Services. The Proposer must provide a copy of its most recent financial statements, which shall include a current (audited, if available) financial statement, a balance sheet, and a projected one- year income statement for the current fiscal year for of the Proposer and their partner(s), if applicable. The SEOPW CRA reserves the right to conduct its own research, investigation, background checks, and credit checks on the proposing entity, and its officers, agents, and representatives. B. Proposal Submission Format Proposers shall prepare and submit their Proposals in the format below. Failure to comply with this format may result in the Proposal being deemed non -responsive. All original hardcopy Proposal submissions shall be bound in a hard cover binder and tabbed, and all electronic Proposal submissions need to be in bookmarked and searchable .pdf file format on a USB drive. To ensure that all Proposals can be evaluated on an equitable basis, this RFP requires each Proposer to provide the required information in a prescribed format and organization. Required Proposal Submission Format: o Table of Contents o Proposer's Information • Proposal Acknowledgement Form o Narrative o Proposal o Qualifications of the Proposer • All information requested as listed in Article V, Section A of this RFP. o Experience of the Proposer • All information requested as listed in Article V, Section A of this RFP. • Property Reference Forms (minimum of three (3)) • Proposer Reference Form (minimum of three (3)) o Financial Information • Preliminary Budget and Project Pro Forma • Requested Financial Information Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 74 Packet Pg. 152 2.2.d o RFP Required Forms ■ Conflict of Interest Disclosure Form • Scrutinized Companies Certification Pursuant to Florida Statutes § 287.135 ■ Notification of Public Entity Crimes Law • Notification of Public Records Law • Drug -Free Workplace ■ Non -Collusion Affidavit C. Proposal Submission Due Date and Location A complete Proposal for this RFP shall be delivered (by hand or via mail) in accordance with the following: Proposal Submission Due Date: Wednesday, March 5, 2025, by 3:00PM EST. Proposal Submission Location: Southeast Overtown/Park West SEOPW CRA Office 1490 NW 3rd Avenue, Suite 106, Miami, FL 33136 Proposals must be submitted in a sealed package and clearly marked on the outside with: RFP SEOPW CRA NO. 2025-01 PROPERTY MANAGEMENT SERVICES FOR SEOPW CRA-OWNED RESIDENTIAL PROPERTIES Proposals received at any other location than the aforementioned, or after the Proposal Submission Due Date, shall be deemed non -responsive, and shall not be considered. The responsibility for submitting a Proposal at the correct location before the stated Due Date is solely and strictly that of the Proposer. The SEOPW CRA is not responsible for any delayed, late, misdelivered, or non -delivered Proposal(s), no matter the cause. Proposals not received by the SEOPW CRA by the Due Date at the stated Location shall not be reviewed or considered by the SEOPW CRA and will be returned to the Proposer unopened. D. Additional Submittal Guidelines It is the policy of the SEOPW CRA that as a condition of award of an Agreement, the Successful Proposer and all sub-consultants/sub-contractors obtain a City of Southeast Overtown Park West Business Tax Receipt. It is the sole responsibility of Proposers to supply copies of all required Business Tax Receipts. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 75 Packet Pg. 153 2.2.d E. Changes/Modifications/Alterations to Submitted Proposals A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal or withdraw a Proposal at any time prior to the Proposal Submission Due Date. All modifications or withdrawals shall be made in writing to David Chiverton, Administrator, via email at dchiverton@miamigov.com. OralNerbal modifications are prohibited, and they will be disregarded. Written modifications will not be accepted after the Proposal Submission Due Date. The SEOPW CRA will only consider the latest version of the Proposal. THIS SECTION IS INTENTIONALLY BLANK. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 76 Packet Pg. 154 2.2.d VI. EVALUATION AND SELECTION A. Evaluation and Selection Procedures Sealed proposals may be submitted to the Southeast OvertownlPark West SEOPW CRA Office 1490 NW 3rd Avenue, Suite 106, Miami, FL 33136 until 3:00PM EST on Wednesday. March 12th, 2025. SEOPW CRA Staff will open the Proposals immediately after that time and review them for responsiveness and compliance with submission requirements, including verification that each Proposal includes all information, documentation, and forms required. SEOPW CRA Staff is responsible for the review of all Proposals for responsiveness before distributing them to the Evaluation Committee. However, responsiveness determinations may be made at any time prior to contract reward. Proposers are advised that Proposals submitted with irregularities, omissions, errors, deviations, and/or technicalities that, at the sole discretion of the SEOPW CRA, do not meet the minimum requirements of the RFP, may result in a non -responsive determination. Proposers will not be given the opportunity to cure any irregularity, omission, error, deviation, and/or technicality. It is at the sole discretion of the SEOPW CRA to waive or not waive any irregularity, omission, error, deviation, and/or technicality. At any time during the evaluation process, the SEOPW CRA may conduct any investigations, inquiries, or any other action it deems necessary to fairly review a Proposal. The SEOPW CRA will establish an Evaluation Committee to review and score all responsive Proposals in accordance with the requirements of this RFP and criteria listed below. The Evaluation Committee will determine whether a Proposer is responsible, has the capacity to fully perform the Property Management Services as stated in this RFP, and has the integrity and reliability that will ensure good faith performance. SEOPW CRA Staff will calculate the total score for each responsive Proposal reviewed and scored by the Evaluation Committee. The Evaluation Committee may shortlist Proposers deemed the most highly qualified to perform the required Property Management Services and ask those Proposers to hold brief oral presentations at a later date. After oral presentations with the shortlisted Proposers, the Evaluation Committee will re- evaluate and re -score the Proposals, in conjunction with the oral presentations. SEOPW CRA Staff will calculate the final score for each shortlisted Proposer and finalize the composite scores. Please note that the Evaluation Committee does not need to request oral presentations. For this reason, each Proposer should ensure that its Proposal contains all the information and documentation requested in this RFP. The final scores will be forwarded to the SEOPW CRA Executive Director. If the SEOPW CRA Executive Director determines that there are any scoring irregularities, errors, deviations, technicalities, or any issue that may result in unfair scoring of the proposals, the SEOPW CRA Executive Director, in her sole and absolute direction, may request that the Evaluation Committee reconvene and rescore the Proposals. After which, the SEOPW CRA Executive Director will place the RFP onto a SEOPW CRA Board meeting agenda and the SEOPW CRA Board will have the following options: a) Accept the Evaluation Committee's scores and the SEOPW CRA Board may elect to award one (1) Agreement to one (1) Proposer that covers Property Management Services for all the Subject Properties; or c 0 0. U) a) a) 0 u) c 0. c 0 z 0 0 CO L) 1- 0. cc m ti 0 u- c 0 E c0 77 Packet Pg. 155 b) Reject the Evaluation Committee's scores and select the Proposer that the SEOPW CRA Boar believes will serve in the SEOPW CRA's best interests; or c) Cancel the RFP at any time, and/or reject all submitted Proposals, and/or direct SEOPW CRA Staff to re- issue the RFP. The SEOPW CRA reserves the right to negotiate such terms and conditions with the Successful Proposer as it is determined to be in the SEOPW CRA's best interest, which is determined at the SEOPW CRA's sole and absolute discretion. In the event a contract is not negotiated to the SEOPW CRA's satisfaction, the SEOPW CRA may abandon such negotiations, and at its sole and absolute discretion, may commence negotiations with the next ranked Proposer. However, the SEOPW CRA is under no obligation to enter or continue contract negotiations with any Proposer. All Proposers should be familiar with the requirements of Florida Statutes Chapter 163.380 to which this solicitation is subject. Any and all decisions by the SEOPW CRA to modify the schedule described herein, to request additional information from Proposers, to reject insufficient or unclear Proposals, to formulate an objective point system for review, to form the Evaluation Committee, to calculate the scores of the proposals, to negotiate an agreement, to abandon negotiations, to approve an agreement, etc., shall be at the SEOPW CRA's sole and absolute discretion. The SEOPW CRA reserves its right to cancel this RFP at any time, and/or reject all submitted Proposals, and/or re -issue the RFP. Submittal of a Proposal to this solicitation on the part of any and all Proposers constitutes acceptance of this policy. B. Evaluation Criteria Proposals have the possibility to receive a total maximum of 100 points. Proposals will be reviewed and scored by the Evaluation Committee according to the following requirements and respective weight: REQUIREMENTS POINTS Qualifications the Proposer (including References) 25 Points Experience of the Proposer (including References) 35 Points Proposer's Narrative 15 Points Proposer's Proposal 25 Points 100 Total Points Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 78 Packet Pg. 156 2.2.d VII. GENERAL TERMS AND CONDITIONS A. Inspection of Site Any interested party may arrange, by appointment, to visit the Subject Properties that will require the Property Management Services that are the subject of this RFP. Please contact David Chiverton, Administrator, at (786) 616-8997 or via email: dchivertonc miamigov.com to schedule an appointment. Potential Proposers should carefully examine the Subject Properties before submission of a Proposal and make all necessary investigations to inform themselves thoroughly as to all difficulties involved in the completion of all services required pursuant to the mandates and requirements of this RFP. No plea of ignorance of conditions or difficulties that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the Property Management Services pursuant to the Proposal as a result of failure to make the necessary examinations and investigations, will be accepted as an excuse for a failure or omission on the part of the Successful Proposer to fulfill, in every detail, all of the requirements, as defined in the subsequent Agreement, nor will they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. B. Cone of Silence/No Lobbying As to any matter relating to this RFP, any Proposer, team member, or anyone representing a Proposer is advised that they are prohibited from contacting or lobbying the SEOPW CRA Chair, any SEOPW CRA Commissioner, SEOPW CRA Staff, or any other person working on behalf of the SEOPW CRA on any matter related to or involved with this RFP. For purposes of clarification, a Proposer's representatives shall include, but not be limited to, the Proposer's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the Proposer and the Proposer's team. There will be an opportunity for inquiries to be made of SEOPW CRA Staff during the scheduled Voluntary Pre -Proposal Meeting. All inquiries must be in writing and directed to the Administrator, David Chiverton at (dchiverton a,miamigov.com). Any violation of this condition may result in rejection and/or disqualification of the Proposer. This "Cone of Silence/No Lobbying" is in effect from the date of issuance of this RFP and shall terminate at the time the SEOPW CRA Board selects a Proposer and awards an Agreement, rejects all Proposals, or otherwise acts which ends the solicitation process. C. Questions Questions and inquiries concerning this RFP and the specifications contained herein shall be submitted in writing via email to David Chiverton, Administrator, at dchiverton@miamigov.com no later than Monday, May 15, 2023, 5:00 PM EST. Late or misdelivered questions may not receive a response in a subsequent addendum. Any discrepancies, errors, or ambiguities in the RFP or addendum (if any) should also be reported in writing. If applicable, the SEOPW CRA will issue a written addendum to the RFP clarifying such conflicts or ambiguities. It is agreed that any such alleged discrepancies, errors, or omissions will not be construed against the drafting party. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 79 Packet Pg. 157 2.2.d SEOPW CRA Staff will issue responses to timely received questions and any other clarifications the SEOPW CRA deems necessary via written addendum prior to the Proposal Submission Due Date. Proposers should not rely on any representations, statements, or explanations other than those made in this RFP and in any written addendum to this RFP. Oral explanations, information and instructions shall not be considered binding on the SEOPW CRA. Neither the SEOPW CRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any Proposer. Where there appears to be conflict between the RFP and any addendum issued, the last addendum issued shall prevail. Any issued addendum will only be made available on the SEOPW CRA webpage, www.seopwcra.com. It is the Proposer's sole responsibility to ensure its review and receipt of all addendum(s). D. Agreement Terms and Conditions Proposers should note that certain provisions contained within a potential Agreement with the SEOPW CRA are non-negotiable. These include, without limitation, applicability, and compliance with applicable laws (e.g., Federal Statutes, State Statutes, County and City Codes), venue, hold harmless, duty to defend, indemnity and insurance, and cancellation for convenience or due to lack of funding by the SEOPW CRA. E. Award of Agreement An Agreement may be awarded to the Successful Proposer for the Project by the SEOPW CRA Board. The SEOPW CRA reserves the right to execute or not execute, as applicable, an Agreement with the Successful Proposer, when it is determined to be in the SEOPW CRA's best interest. The SEOPW CRA does not represent that any award will be made. The award and execution of an Agreement shall comply with the SEOPW CRA's Purchasing Policies, and the terms and specifications stated herein. F. Unauthorized Work The Successful Proposer shall not begin work until the SEOPW CRA issues a written Notice to Proceed ("NTP"). Such NTP shall constitute the SEOPW CRA's authorization to begin work. Any unauthorized work performed by the Successful Proposer, prior to receiving the NTP, or during the term of the Agreement, shall be deemed non-compensable by the SEOPW CRA. The Successful Proposer shall not have any recourse against the SEOPW CRA for prematurely performing any unauthorized work. G. Sub-Contractor(s)/Sub-Consultant(s) For purposes of this RFP, the terms "Sub -Consultant" and "Sub -Contractor" are used interchangeably. A Sub -Consultant or Sub -Contractor is any individual, firm, entity, or organization, other than the employees of the Proposer, who has or will have a contract with the Proposer to assist in the performance of the Property Management Services required under this RFP. A Sub - Consultant shall be paid directly by the Proposer and shall not be paid directly by the SEOPW CRA. The Proposer must clearly identify in its Proposal the Sub -Consultants to be utilized to perform the Property Management Services. The SEOPW CRA retains the right to accept or reject any Sub Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 80 Packet Pg. 158 Consultant proposed in accordance with Article V, "Proposer's Minimum Qualification Experience Requirements and Proposal Submittal Requirements," or proposed prior to execution of the Agreement. All liabilities regarding the use of a Sub -Consultant shall be borne solely by the Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 81 Packet Pg. 159 2.2.d Successful Proposer, and insurance for each Sub -Consultant must be approved by the SEOPW CRA and maintained in good standing throughout the duration of the Agreement. Neither the Successful Proposer nor any of its Sub -Consultants are considered employees, partners, affiliates, or agents of the SEOPW CRA. Failure to list all Sub -Consultants and provide the required information may disqualify any unidentified Sub -Consultants from performing work under this RFP. Proposers shall include in their Proposal the requested Sub -Consultant information. H. Insurance The SEOPW CRA reserves the right to ensure and require that the insurance coverages provided by the Successful Proposer are proper and that the insurers are licensed or otherwise qualified to do business in the State of Florida. If at any time during the term of the Agreement, the SEOPW CRA should determine that it is in its best interests to insist on an alternative insurance provider, it may do so, and the Successful Proposer agrees to comply with the SEOPW CRA's decision. The SEOPW CRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of a contract and any extensions thereof. The SEOPW CRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the firms' behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. I. Protest A recommendation for award or rejection of award may be protested by a Proposer through filing a type -written protest with the SEOPW CRA office. The Proposer shall file its type -written protest with the SEOPW CRA, Monday through Friday, between the hours of 8:00 AM EST and 5:00 PM EST, excluding legal holidays. Protests shall contain the name, address, and phone number of the petitioner, name of the petitioner's representative (if any), and the title and number of the solicitation. Additionally, the protest shall be signed by an authorized agent of the Proposer and notarized. The protest shall specifically describe the subject matter, facts giving rise to the protest, and the action requested from the SEOPW CRA. The protest shall be limited to 15 type -written pages. The written protest must be received within three (3) business days from the time of initial posting of the intended award. Notice of Intent to Award shall be posted on the SEOPW CRA's website, www.seopwcra.com. Failure to file a timely formal written protest within the period specified shall constitute a waiver by the Proposer of all rights of protest. The letter of protest shall be accompanied by a non-refundable protest application fee of five thousand dollars ($5,000). The protest application fee must be a cashier's check, a certified check, or an attorney's trust account check made payable to the City of Miami Southeast Overtown/Park West Community Redevelopment Agency. Failure to provide the required protest application fee shall deem the protest as incomplete and invalid. THIS SECTION IS INTENTIONALLY BLANK. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 82 Packet Pg. 160 2.2.d VIII. DISCLOSURE AND DISCLAIMERS This RFP is being issued by the SEOPW CRA. As more fully set forth in this RFP, any action taken by the SEOPW CRA in response to Proposals made pursuant to this RFP, or in making any award or failure or refusal to make any award pursuant to such Proposals, or in any cancellation of award, or in any withdrawal or cancellation of this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the SEOPW CRA. In its sole and absolute discretion, the SEOPW CRA may withdraw this RFP either before or after receiving Proposals, may accept or reject Proposals, and may accept Proposals which deviate from this RFP. In its sole discretion, the SEOPW CRA may determine the qualifications and acceptability of any Proposer submitting Proposals in response to this RFP. Following submission of a Proposal, the Proposer agrees to promptly deliver such further details, information and assurances including, but not limited to, financial and disclosure data, relating to the Proposal and/or the Proposer, including the Proposer's affiliates, officers, directors, shareholders, partners and employees, as requested by the SEOPW CRA. The information contained herein is provided solely for the convenience of Proposers. It is the responsibility of a Proposer to assure itself that the information contained herein is accurate and complete. Neither the SEOPW CRA, nor its representatives, provide any assurances as to the accuracy of any information in this RFP. Any reliance on the contents of this RFP, or on any communications with SEOPW CRA representatives shall be at each Proposer's own risk. Proposers should rely exclusively on their own investigations, interpretations and analyses in connection with this matter. This RFP is being provided by the SEOPW CRA without any warranty or representations, express or implied, as to its content, accuracy or completeness, and no Proposer or other party shall have recourse to the SEOPW CRA if any information herein contained shall be inaccurate or incomplete. No warranty or representation is made by the SEOPW CRA that any proposal conforming to these requirements will be selected for consideration, negotiation or approval. The SEOPW CRA shall have no obligation or liability with respect to this RFP, or the evaluation and selection, and award processes contemplated hereunder. The SEOPW CRA does not warrant or represent that any award or recommendation will be made as a result ofthe issuance of this RFP. All costs incurred by a Proposer in preparing and responding to this RFP are the sole responsibility of the Proposer. Any recipient of this RFP who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer and agrees to be bound by the terms hereof. Any Proposal submitted pursuant to this RFP is at the sole risk and responsibility of the Proposer by submitting such a Proposal. This RFP is made subject to correction of errors, omissions, or withdrawal without notice. Information contained in the RFP is for guidance only and each recipient hereof is cautioned and advised to independently verify all of such information. In the event of any differences between this Disclosure and Disclaimers and the balance of the RFP, the provisions of this Disclosure and Disclaimers shall govern. The SEOPW CRA reserves the right to select the Proposal which, in the opinion and sole discretion of the SEOPW CRA, will be in the best interest and/or most advantageous to the SEOPW CRA. The SEOPW CRA reserves the right to waive any irregularities and technicalities and may, at its discretion, request re -submittal of Proposals. All expenses in preparing the Proposal and any re -submittals shall be borne by the Proposer. The SEOPW CRA and the Proposer will be bound only if and when a Proposal, as it may be modified, 83 Packet Pg. 161 is approved and accepted by the SEOPW CRA, and the applicable agreements pertaining theret approved, u) c 0 0. a, a) Ce a) 0 u) 0) c 0. a) 0 0 a c 0 0 0 a) Ce up L) to 1- 0. 0 0 0 m ca to ti 4t 0 it c E .c LI cC Q 84 Packet Pg. 162 2.2.d executed and delivered by the Successful Proposer to the SEOPW CRA, and then only pursuant to the terms of the agreements executed by the Proposer and the SEOPW CRA. All or any responses to this RFP may be accepted or rejected by the SEOPW CRA for any reason, or for no reason, without any resultant liability to the SEOPW CRA. The SEOPW CRA is governed by the Sunshine Law and the Public Records Law of the State of Florida and all Proposals and supporting data shall be subject to disclosure as required by such laws. All Proposals shall be submitted in sealed form and shall remain confidential to the extent permitted by the Public Record Law until the date and time selected for opening responses. THIS SECTION IS INTENTIONALLY BLANK. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 85 Packet Pg. 163 2.2.d IX. REQUIRED FORMS The forms listed below must be completed by an official having legal authorization to contractually bind the Proposer and must be submitted with the Proposal. Each signature represents a binding commitment upon the Proposer to provide the goods and/or services stated within this RFP and the Proposer's Proposal to the SEOPW CRA if the Proposer is awarded an Agreement and an Agreement is successfully negotiated and executed. Proposal Acknowledgement Form Conflict of Interest Disclosure Form Scrutinized Companies Certification Pursuant to Florida Statutes § 287.135 Notification of Public Entity Crimes Law Notification of Public Records Law Drug -Free Workplace Non -Collusion Affidavit Property Reference Form Proposer Reference Form Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 86 Packet Pg. 164 2.2.d PROPOSAL ACKNOWLEDGEMENT FORM The Proposer hereby acknowledges and affirms to the contents of this RFP, its response thereto, including without limitation, all addenda have been read, understood, and agreed to by assigning and completing the spaces provided below: A. RFP Addendum Acknowledgment Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated B. The undersigned certifies that they are authorized to sign for the Proposer. C. The undersigned certifies that any and all information contained in response to this RFP is true and correct. D. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL, FOR NOT LESS THAN 90 DAYS, AND THE PROPOSER'S UNEQUIVOCAL OFFER TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS SOLICITATION. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED, BY AN AUTHORIZED AGENT, SHALL RENDER THE PROPOSAL NON -RESPONSIVE. THE SEOPW CRA MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSAL. RFP SEOPW CRA NO. 2025-01: PROPERTY MANAGEMENT SERVICES FOR SEOPW CRA-OWNED RESIDENTIAL PROPERTIES Proposer's Name: Federal Employer Identification Number: Principal Business Address: Mailing Address: Telephone Number(s): Fax Number(s): Email Address: Authorized Agent Name and Title: Signature of Authorized Agent Date: Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 87 Packet Pg. 165 2.2.d CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers must disclose within their Proposals: the name of any officer, director, or agent who is also an employee of Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"). Furthermore, all Proposers must disclose the name of any SEOPW CRA employee who owns, directly, or indirectly, an interest of more than five percent (5%) in the Proposer's entity or any of its branches. The purpose of this disclosure form is to give the SEOPW CRA the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term "conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any SEOPW CRA duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other Cities, Counties, contracts, or property interest for this Proposal. The undersigned entity, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this Proposal. Acknowledged by: Proposer Name Authorized Agent Signature Authorized Agent Name and Title (Print or Type) Date Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 88 Packet Pg. 166 2.2.d SCRUTINIZED COMPANIES CERTIFICATION PURSUANT TO FLORIDA STATUTES § 287.135 1, , on behalf of Print Name and Title Proposer Name certify that does not: Proposer Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract, The Southeast Overtown/ Park West Community Redevelopment Agency ("SEOPW CRA") shall provide notice, in writing, to the Proposer of the SEOPW CRA's determination concerning the false certification. The Proposer shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Proposer does not demonstrate that the SEOPW CRA's determination of false certification was made in error, then the SEOPW CRA's shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statutes § 287.135. Section 287.135, Florida Statutes, prohibits the SEOPW CRA's from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, or are engaged in business operations in Syria. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 89 Packet Pg. 167 2.2.d As the person authorized to sign on behalf of the Proposer, I hereby certify that the company/entity identified above in the section entitled "Proposer Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. 1 understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the SEOPW CRA for goods or services may be terminated at the option of the SEOPW CRA if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. PROPOSER NAME AUTHORIZED AGENT SIGNATURE AUTHORIZED AGENT NAME (PRINT OR TYPE) TITLE Must be executed and returned with the submitted Proposal to be considered. Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 90 Packet Pg. 168 2.2.d NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a Bid/Proposal on a contract to provide any goods or services to a public entity, may not submit a Bid/Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids/Proposals on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub -vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Proposer/Firm Name Authorized Agent Signature Authorized Agent Name and Title (Print or Type) Date Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 91 Packet Pg. 169 2.2.d PUBLIC RECORDS LAW Notification of Public Records Law Pertaining to Public Contracts and Requests for Contractor Records Pursuant to Chapter 119, Florida Statutes Pursuant to Chapter 119, Florida Statutes, Contractor shall comply with the public records law by keeping and maintaining public records required by the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") to perform the service. Upon request from the SEOPW CRA custodian of public records, contract shall provide the SEOPW CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract If the Contractor does not transfer the records to the SEOPW CRA. Contractor upon completion of the contract, shall transfer, at no cost, to the SEOPW CRA all public records in possession of the Contractor or keep and maintain public records required by the SEOPW CRA to perform the service. If the Contractor transfers all public records to the SEOPW CRA upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the SEOPW CRA, upon request from the SEOPW CRA custodian of public records, in a format that is compatible with the information technology systems of the SEOPW CRA. IF THE AWARDED PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE AWARDED PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, KIM PHAN, ESQ., AT THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY, 20 N. SWINTON AVE., SOUTHEAST OVERTOWN PARK WEST FLORIDA AND MAY BE CONTACTED BY PHONE AT (786) 616-8997 OR VIA EMAIL AT dchiverton(a�miamigov.com Acknowledged by: Proposer/Firm Name Authorized Agent Signature Authorized Agent Name and Title (Print or Type) Date Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 92 Packet Pg. 170 DRUG -FREE WORKPLACE 2.2.d is a drug -free workplace and has (Proposer/Firm Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: Proposer/Firm Name Authorized Agent Signature Authorized Agent Name and Title (Print or Type) Date Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 93 Packet Pg. 171 NON -COLLUSION AFFIDAVIT 2.2.d STATE OF COUNTY OF Before me, the undersigned authority, personally appeared , who, after being by me first duly sworn, deposes and says of his/her personal knowledge that: a. He / She is of , the Proposer that has submitted a Proposal to perform work for the following: RFP No.: Title: b. He / She is fully informed respecting the preparation and contents of the attached Request for Proposals, and of all pertinent circumstances respecting such Solicitation. Such Proposal is genuine and is not a collusive or sham Proposal. c. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Solicitation and contract for which the attached Proposal has been submitted or to refrain from proposing in connection with such Solicitation and contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer, firm, or person to fix the price or prices in the attached Proposal or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the Southeast Overtown Park West Community Redevelopment Agency or any person interested in the proposed contract. d. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Authorized Agent Signature Subscribed and sworn to (or affirmed) before me this day of 20_, by , who is personally known to me or who has produced as identification. SEAL Notary Signature Notary Name: Notary Public (State): My Commission No: Expires on: Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 94 Packet Pg. 172 2.2.d PROPERTY REFERENCE FORM INSTRUCTIONS Proposers shall provide a minimum of three (3) examples of existing affordable residential rental properties under their ownership and/or management, similar in size, scope, and complexity as the Subject Properties described in this RFP. Submitted examples shall include the name and address of the property, years under the Proposer's ownership or management, a brief description of the property, including number of units, number of residents, and any rental restrictions, and a brief description of the services provided by the Proposer. The reference provided below should be for one (I) property reference. FAILURE TO COMPLETE AND SUBMIT THIS FORM MAY RESULTJN THE PROPOSAL BEING REJECTED AS NON -RESPONSIVE. Name of Property: Property Address: Property Owner/ Contact Information: Years Under Proposer's Ownership or Management: Brief Description of the Property: Brief Description of the Property Management Services Provided by Proposer: Compensation Received: Proposer's Certification of Information By signing below, I certify that all information stated above is true and correct to the best of my knowledge. Authorized Agent Signature: Authorized Agent Name and Title: Date: Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 95 Packet Pg. 173 PROPOSER REFERENCE FORM 2.2.d INSTRUCTIONS Proposers shall provide a minimum of three (3) references. Submitted references shall include the reference's name, address, phone number, any comments from the reference, and the reference's signature and date signed. The SEOPW CRA reserves the ability to contact submitted references. The reference provided below should be for one (1) reference and shall be completed by the reference, not the Proposer. FAILURE TO COMPLETE AND SUBMIT THIS FORM MAY RESULT IN THE PROPOSAL BEING REJECTED AS NON -RESPONSIVE, Reference Name Reference Address: Reference Organization/Company: Reference Title: Reference Phone Number: Reference Email: Comments Reference Certification of Information By signing below, I certify that all information stated above is true and correct to the best of my knowledge. Signature: Name and Title: Date: Attachment: File # 17656 - Backup (17656 : Resolution Accepting Sole Response) 96 Packet Pg. 174 Jeremy S. Larkin CEO and Co -Chairman +1 786 260 0402 jlarkin@naimiami.com Packet Pg. 175 2.3 SEOPW Board of Commissioners Meeting June 17, 2025 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King Date: June 12, 2025 and Members of the CRA Board File: 17655 From: James McQueen Executive Director Subject: Additional Additional Funding to SEOPW CRA Facade Beautification & Training Program Enclosures: File # 17655 - 2025-05-22 File # 17655 - File # 17655 - File # 17655 - Public Backup Exhibit A Backup Notice to the BACKGROUND: A Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), with attachment(s), by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, ratifying, approving, and confirming the Executive Director's recommendation and finding, attached and incorporated herein as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous, pursuant to Sections 18-85 and 18-86 of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the SEOPW CRA, and waiving said procedures for competitive sealed bidding, allocating additional funding, in an amount not to exceed Two Million Seven Hundred Thousand Dollars and Zero Cents ($2,700,000.00) ("Funds") for the continuation of the SEOPW CRA Facade Beautification and Work Training Program ("Program"), for the purpose of completing the facade enhancement of eighty-five (85) townhomes between Northwest 5th Avenue to Northwest 7th Avenue, and from Northwest 10th Street to Northwest 11th Street ("Culmer Townhomes"), as well as the commercial corridor target zone of Northwest 3' Avenue, Miami, Florida 33136 (collectively, the "Properties"), utilizing the apprenticeship labor provided by graduates of the Construction Trades Certificate Program at Florida International University's Moss School of Construction Management, a Florida Public Research Institution ("FIU") ("Purpose"). It is recommended that the Board of Commissioners of the SEOPW CRA approve and adopt the attached Resolution authorizing the allocation of the additional Funds, bringing the total program cost to an amount not to exceed Four Million Dollars and Zero Cents ($4,000,000.00), for the Purpose stated herein. JUSTIFICATION: Packet Pg. 176 2.3 Pursuant to Section 163.340(9), Florida Statutes (the "Act") community redevelopment means "undertakings, activities, or projects of a ... community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight...." Section 2, Goal 1 of the 2018 Southeast Overtown/Park West Community Redevelopment Agency Plan Update (the "Plan") lists the "preserv[ation] of historic buildings and community heritage" as a stated redevelopment goal. Section 2, Goal 4 of the Plan encourages the "creat[ion of] jobs within the community" as a stated redevelopment goal. Section 2, Goal 6 of the Plan encourages "[i]mprov[ing] the quality of life for residents" as a stated redevelopment goal. Section 2, Principle 10 of the Plan proposes that "[s]treets & buildings must be attractive" as a stated redevelopment principle. Lastly, Section 2, Principle 14 of the Plan emphasizes efforts to "[r]estore a sense of community and unify the area culturally" as a stated redevelopment principle. FUNDING: Previous allocation: $1,300,000.00 Additional funding: $2,700,000.00 Total funding: $4,000,000.00 from Other Grants and Aids - Account No. 10050.920101.883000.0000.00000. FACT SHEET: Number of participants: 10-12 certified graduates Funding request: $2,700,000.00 Scope of work or services (Summary): Continued on -site construction training in combination with facade beautification and painting of 1, 2, and 3-story existing and privately owned homes and mixed - use buildings within certain focus areas in the Redevelopment Area. Page 2 of 6 Packet Pg. 177 2.3 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: June 17, 2025 CRA Section: Brief description of CRA Agenda Item: Allocating additional funding, in an amount not to exceed $2,700,000.00 for the continuation of the SEOPW CRA Facade Beautification and Work Training Program. Project Number YES, there Account Code: (if applicable): are sufficient funds in Line Item: 10050.920101.883000.0000.00000 Amount: $ 2, 7 0 0, 0 0 0.0 0 NO (Complete the following source of funds information): Amount budgeted in the line item: $ Balance in the line item: $ Amount needed in the line item: $ Sufficient funds will be transferred from the following line items: ACTION ACCOUNT NUMBER TOTAL Project No./Index/Minot Object From $ To $ From $ To $ Comments: Approved by: Approval: Executive Director 5/15/2025 J Executive Director 6/5/2025 /L r .� r\ Miguel A Valcntui, Finance Officer 41/) .i i 1 41 �5/15/2025 Miguel A Valentin, F scarce Offlcer1- 6/5/2025 Page 3 of 6 Packet Pg. 178 2.3 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: File Number: 17655 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE EXECUTIVE DIRECTOR'S RECOMMENDATION AND FINDING, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS, PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AS ADOPTED BY THE SEOPW CRA, AND WAIVING SAID PROCEDURES FOR COMPETITIVE SEALED BIDDING, ALLOCATING ADDITIONAL FUNDING, IN AN AMOUNT NOT TO EXCEED TWO MILLION SEVEN HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($2,700,000.00) ("FUNDS"), FOR A TOTAL PROGRAM COST OF FOUR MILLION DOLLARS AND ZERO CENTS ($4,000,000.00), FOR THE CONTINUATION OF THE SEOPW CRA FACADE BEAUTIFICATION AND WORK TRAINING PROGRAM ("PROGRAM"), FOR THE PURPOSE OF COMPLETING THE FA?ADE ENHANCEMENT OF EIGHTY-FIVE (85) TOWNHOMES BETWEEN NORTHWEST 5TH AVENUE TO NORTHWEST 7TH AVENUE, AND FROM NORTHWEST 10TH STREET TO NORTHWEST 11TH STREET ("CULMER TOWNHOMES"), AS WELL AS THE COMMERCIAL CORRIDOR TARGET ZONE OF NORTHWEST 3RD AVENUE, MIAMI, FLORIDA 33136 (COLLECTIVELY, THE "PROPERTIES"), UTILIZING THE APPRENTICESHIP LABOR PROVIDED BY GRADUATES OF THE CONSTRUCTION TRADES CERTIFICATE PROGRAM AT FLORIDA INTERNATIONAL UNIVERSITY'S MOSS SCHOOL OF CONSTRUCTION MANAGEMENT, A FLORIDA PUBLIC RESEARCH INSTITUTION ("FIU") ("PURPOSE"); AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, ON A REIMBURSEMENT BASIS OR DIRECTLY TO VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY DOCUMENTATION, SUBJECT TO THE AVAILABILITY OF FUNDING, FROM ACCOUNT NO. 10050.920101.883000.0000.00000 — "OTHER GRANTS AND AIDS"; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AGREEMENT(S), INCLUDING ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABL WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its redevelopment area ("Redevelopment Area") in accordance with the 2018 Updated Southeast Overtown/Park West Redevelopment Plan (the "Plan"); and Page 4 of 6 Packet Pg. 179 2.3 WHEREAS, pursuant to Section 163.340(9) Florida Statutes, "community redevelopment means projects of a ... community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slum and blight"; and WHEREAS, Section 2, Goal 1 of the Plan lists the "preserv[ation] of historic buildings and community heritage" as a stated redevelopment goal; and WHEREAS, Section 2, Goal 4 of the Plan encourages the "creat[ion of] jobs within the community" as a stated redevelopment goal; and WHEREAS, Section 2, Goal 6 of the Plan encourages "[i]mprov[ing] the quality of life for residents" as a stated redevelopment goal; and WHEREAS, Section 2, Principle 10 of the Plan proposes that "[s]treets & buildings must be attractive" as a stated redevelopment principle; and WHEREAS, Section 2, Principle 14 of the Plan emphasizes efforts to "[r]estore a sense of community and unify the area culturally" as a stated redevelopment principle; and WHEREAS, the SEOPW CRA determined that there was a need for facade enhancement of older one-story to three-story residential buildings within the Redevelopment Area in order to improve the overall landscape and quality of life for residents; and WHEREAS, on July 27, 2023, the Board of Commissioners adopted Resolution No. CRA-R-23- 0032, authorizing the Executive Director to allocate funds, in an amount not to exceed One Million Three Hundred Thousand Dollars and Zero Cents ($1,300,000.00), to Florida International University's Moss School of Construction Management, a Florida Public Research Institution ("FIU") to implement and manage the SEOPW CRA Facade Beautification Program ("Program"), a focused -area building facade improvement/beautification program, which included a community workforce development component, where workers would be trained on construction -specific industry skills, and gain nationally recognized certifications in Occupational Safety and Health Administration (OSHA) 30 in Construction and National Center for Construction Education and Research (NCCER) upon graduation; and WHEREAS, the preliminary Program scope of work targeted eighty-five (85) townhomes between Northwest 5th Avenue to Northwest 7th Avenue, and from Northwest 10th Street to Northwest 11 r" Street, Miami, Florida 33136 ("Culmer Townhomes"); and WHEREAS, the preliminary Program costs did not account for the severe lack of structural integrity of the Culmer Townhomes and the costs necessary to address the accompanying common area renovations that became slum and blighted over time; and WHEREAS, the Program's new scope of work includes construction costs for the necessary exterior painting and related improvements to the residential and common area structures in order to complete the Culmer Townhomes, as well as the additional target zone of the Redevelopment Area's commercial business corridor along Northwest 3rd Avenue, Miami, Florida 33136 (collectively, the "Properties"), including labor and payroll costs; and WHEREAS, the SEOPW CRA seeks additional funding to continue the Program and utilize apprenticeship labor from the local certified graduates of FIU's Construction Trades Program ("Purpose"); and Page 5 of 6 Packet Pg. 180 2:3 WHEREAS, the Board of Commissioners wishes to authorize additional grant funds in an amount not to exceed Two Million Seven Hundred Thousand Dollars and Zero Cents ($2,700,000.00) ("Funds") for a total project cost of Four Million Dollars and Zero Cents ($4,000,000.00) for the Purpose stated herein; and WHEREAS, the Board of Commissioners finds that adopting this Resolution would further the redevelopment goals and objectives of the SEOPW CRA; and WHEREAS, based on the recommendation and findings of the Executive Director, attached and incorporated herein as Exhibit "A," it is in the SEOPW CRA's best interest for the Board of Commissioners to authorize, by an affirmative four -fifths (4/5ths) vote, a waiver of competitive sealed bidding procedures, pursuant to Sections 18-85 and 18-86 of the Code of the City of Miami, Florida, as amended ("City Code"), as adopted by the SEOPW CRA, to allocate said Funds, subject to availability, and to authorize the Executive Director to negotiate and execute any and all agreements necessary, all in forms acceptable to Counsel, for said Purpose; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to Sections 18-85 and 18-86 of the City Code, as adopted by the SEOPW CRA, by a four -fifths (4/5th) affirmative vote, after an advertised public hearing, the Executive Director's recommendation and written findings, attached and incorporated herein as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous to the SEOPW CRA, and waiving the requirements for said procedures are hereby ratified, approved, and confirmed. Section 3. The Executive Director is hereby authorized' to allocate the Funds, at his discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation from "Other Grants and Aids" - Account No. 10050.920101.883000.0000.00000 to the Program for the Purpose stated herein. Section 4. The Executive Director is authorized' to negotiate and execute agreement(s), including any and all necessary documents, all in forms acceptable to Counsel, for said Purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ounsel 6/5/2025 ounsel 5/15/2025 ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable State law, City Charter and City Code provisions, as adopted by the SEOPW CRA. Page 6 of 6 Packet Pg. 181 ape5e3 V:IO MdO3S 01 6u!pund leuol;!PPV Ieuo!n!ppv : 559L1) V I!q!gx3 - 559LI. # el!A :;uauayoe;;d SEOPW Board of Commissioners Meeting June 12, 2025 THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY 4/5ths RECOMMENDATION INTER -OFFICE MEMORANDUM To: Board Chair Christine King and Date: June 3, 2025 File: Members of the SEOPW CRA Board Subject: Recommendations and findings to waive competitive sealed bidding and negotiation methods pursuant to City Code 18-85 and 18-86 for the SEOPW CRA Facade Beautification Program. From: James D. McQueen Enclosures: Exhibit "A" Executive Director BACKGROUND: The Board of Commissioners ("Board") of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2018 Updated SEOPW CRA Redevelopment Plan ("Plan"). In 2023, the SEOPW CRA determined that there was a need for facade enhancement of older one-story to three- story residential buildings within the Redevelopment Area in order to improve the overall landscape and quality of life for residents. Additional funding assistance is necessary to continue facade enhancement of eighty-five (85) townhomes between Northwest 5th Avenue to Northwest 71' Avenue, and from Northwest 10th Street to Northwest 11th Street, Miami, Florida 33136 ("Culmer Townhomes"), as well as the additional target zone of the Redevelopment Area's commercial business corridor along Northwest 3`d Avenue, Miami, Florida 33136 (collectively, the "Properties"), including labor and payroll costs ("Purpose"). Since 2023, the Program's facilitation has contributed to improving quality of life while providing hands-on training and job placement. It is recommended that the SEOPW CRA continue the Program. The Executive Director has reviewed and vetted the request, in accordance with the objectives of the Plan. RECOMMENDATION: In light of the above -stated, approval of a waiver of the formal requirements of competitive sealed bidding methods as not being practicable or advantageous to the Southeast Overtown/Park West Community Redevelopment Agency as set forth in the City Code of Ordinances, as amended, specifically Sections 18-85 and 18-86 and the affirmation of these written findings and the forwarding the same to the Board of Commissioners of the SEOPW CRA by a four -fifths vote is respectfully requested. APPROVED Jules D. McQueen, Executive Director Packet Pg. 182 2.3.c FACADE BEAUTIFICATION AND WORK TRAINING PROGRAM PROGRAM OVERVIEW The Facade Beautification and Work Training Program is transforming the landscape of Southeast Overtown through facade enhancement. The program includes painting, repairs, and prep work for one-story to three- story residential properties. It symbolizes the community's continued commitment to reclaiming its identity, enhancing walkability, and elevating its residents' overall quality of life. • NO COST TO THE HOMEOWNER EXTERIOR PAINTING 4111, COMMUNITY REJUVENATION PREP WORK JOB TRAINING Attachment: File # 17655 Packet Pg. 183 2.3.c BELOW: UNDER THE SURFACE REPAIRS + FACADE IMPROVEMENTS BELOW: NEIGHBORHOOD ENHANCEMENTS In addition to the new paint job, various exterior elements of the community, such as sidewalks and walkways, are being renovated and repaired. These improvements are essential for maintaining the overall exterior health of the rejuvenated community. Attachment: File # 17655 - Backup (17655 : Additional Additional Funding to SEOPW CRA Facade Beautification & Training Program) Packet Pg. 184 2.3.c BELOW: COMPLETED FACADE IMPROVEMENTS '. Mg home was improved btd the FAQADE BEAUTIFICATION &WORK TRAINING PROGRAM FIU Engineering & Comp�ilioq BELOW: REAR VIEW OF COMPLETED HOMES ! 1IIJI iIliiin 35u11;11 I�dln ►�ilul1114111I 1n//! 181115111041111 911151 1If111.1I1 i111C11 r r "P"'"11 1 =- ���MEM ME RIMMEM mum niumm _UL Attachment: File # 17655 - Backup (17655 : Additional Additional Funding to SEOPW CRA Facade Beautification & Training Program) Packet Pg. 185 2.3.c BELOW: IN PROGRESS PHOTOS, TRAINEES + CONTRACTORS AT WORK Attachment: File # 17655 - Backup (17655 : Additional Additional Funding to SEOPW CRA Facade Beautification & Training Program) Packet Pg. 186 L8 4 '6d ;e) 3ed 2:45 PM 05/09/25 Accrual Basis Type Date SEOPW CRA Income by Customer Detail October 1, 2001 through May 9, 2025 Source Name Memo Amount SEOPWFacade$1.3M23-0032 Bill 10/17/2023 Gener... 12/20/2023 Gener... 12/20/2023 Gener... 12/20/2023 Gener... 12/20/2023 Gener... 1/12/2024 Bill 1/12/2024 Gener... 2/12/2024 Gener... 4/3/2024 Gener... 4/3/2024 Gener... 4/3/2024 Bill 4/8/2024 Bill 4/17/2024 Bill 4/17/2024 Bill 4/23/2024 Bill 5/6/2024 Bill 5/6/2024 Bill 5/6/2024 Bill 5/6/2024 Bill 5/6/2024 Bill 5/6/2024 Bill 5/6/2024 Gener... 5/13/2024 Gener... 5/13/2024 Gener... 5/13/2024 Gener... 5/13/2024 Bill 5/13/2024 Bill 5/13/2024 Bill 5/13/2024 Bill 5/21/2024 Bill 5/28/2024 Bill 5/28/2024 Bill 6/4/2024 Bill 6/4/2024 Bill 6/4/2024 Bill 6/4/2024 Bill 6/4/2024 Bill 6/10/2024 Bill 6/10/2024 Bill 7/2/2024 Bill 7/2/2024 Bill 7/2/2024 Bill 7/2/2024 Bill 7/2/2024 Bill 7/2/2024 Bill 7/2/2024 Bill 7/2/2024 Bill 7/2/2024 Florida International University Bo... SEOPW Admin FY 2024 SEOPW Admin FY 2024 SEOPW Admin FY 2024 SEOPW Admin FY 2024 SEOPW Admin FY 2024 Florida International University Bo... SEOPW Admin FY 2024 SEOPW Admin FY 2024 SEOPW Admin FY 2024 SEOPW Admin FY 2024 keys View Construction Group community Awareness Constructs... keys View Construction Group community Awareness Constructi... keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group community Awareness Constructs... SEOPW Admin FY 2024 SEOPW Admin FY 2024 SEOPW Admin FY 2024 SEOPW Admin FY 2024 Capital One Bank ready 2 Go Dumpster LLC ready 2 Go Dumpster LLC community Awareness Constructs... keys View Construction Group keys View Construction Group ready 2 Go Dumpster LLC keys View Construction Group keys View Construction Group keys View Construction Group community Awareness Constructi... community Awareness Constructi... AES Postable Sanitation, Inc ready 2 Go Dumpster LLC ready 2 Go Dumpster LLC keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group DP31273-101 payroll period 9/22/23-10/6/23 payroll period 10/7/23-10/21/23 payroll period 10/21/23-11/3/23 payroll period 10/21/23-11/3/23 payroll period 11/18/23-12/1/23 payroll period 1/13/24-1/26/24 payroll period 2/10/2024-2/23/24 payroll period 2/10/2024-2/23/24 payroll period 2/23/2024-3/8/24 DP31755-401-beautifucation for face... DP31782-7001-4/7/24-4/13/24 DP31780-402W0 # 35-24-1300 NW ... DP31792-7103 DP31820-CRA-629P DP31819-CRA-611P CRA-613P CRA-615P CRA-617P DP31818-403 WO #35-24 DP31836-7108-4/21 /24-5/4/24 payroll period 3/23/24-4/5/24 payroll period 3/23/24-4/5/24 payroll period 4/6/24-4/19/24 payroll period 4/6/24-4/19/24 DP31859- CRA-R-23-0032 DP31850-103778 103824 DP31883-7112-5/5-5/18 CRA-633P CRA-637P DP31896-103902 DP31908-CRA-611 C CRA-629C CRA-630C dp31918-7118 DP31940-7123 DP31927-770680 DP31960-D33 D42 DP31955-CRA-522 524 526 DP31954-CRA-514 516 518 520 -246,892.31 -24,000.00 -24,000.00 -22,500.00 -12,000.00 -2,000.00 -327,325.00 -2,000.00 - 2,000.00 - 9,000.48 -8,812.50 - 15,000.00 - 15,618.93 - 15,000.00 - 14,237.88 - 7,700.00 - 1,025.00 -875.00 - 925.00 -675.00 - 15,000.00 - 28,835.74 -5,938.36 - 2,000.00 - 10,999.20 - 2,000.00 - 898.80 - 393.30 - 585.00 - 28,136.63 - 7,200.00 - 10,800.00 -270.00 -5,575.00 -10,300.00 -6,975.00 -27,666.51 -31,078.39 -87.18 -330.00 -539.10 -9,900.00 - 7,300.00 - 7,900.00 -9,100.00 - 9,100.00 - 8,800.00 - 10,600.00 Attachment: File # 17655 - Backup (17655 : Additional Additional Funding to SEOPW CRA Facade Beautification & Training Program) Page 884 ' 6d ;e) 3ed 2:45 PM 05/09/25 Accrual Basis Type Date SEOPW CRA Income by Customer Detail October 1, 2001 through May 9, 2025 Source Name Memo Amount Bill 7/3/2024 Gener... 7/5/2024 Gener... 7/5/2024 Gener... 7/5/2024 Bill 7/8/2024 Gener... 7/15/2024 Gener... 7/15/2024 Gener... 7/15/2024 Bill 7/15/2024 Bill 7/15/2024 Bill 7/29/2024 Bill 8/12/2024 Gener... 8/21/2024 Bill 8/21/2024 Bill 8/26/2024 Bill 8/26/2024 Bill 8/26/2024 Bill 8/26/2024 Bill 8/26/2024 Bill 8/26/2024 Bill 8/26/2024 Bill 8/26/2024 Bill 8/26/2024 Bill 8/26/2024 Bill 8/26/2024 Bill 9/3/2024 Bill 9/10/2024 Gener... 9/16/2024 Bill 9/23/2024 Gener... 9/30/2024 Bill 9/30/2024 Bill 9/30/2024 Bill 10/8/2024 Bill 10/15/2024 Bill 10/15/2024 Bill 10/15/2024 Bill 10/15/2024 Bill 10/15/2024 Bill 10/15/2024 Bill 10/15/2024 Bill 10/23/2024 Bill 10/23/2024 Bill 10/23/2024 Gener... 11/1/2024 Bill 11/4/2024 Bill 11/18/2024 Bill 11/18/2024 Bill 11/18/2024 Bill 11/18/2024 community Awareness Constructs... SEOPW Admin FY 2024 SEOPW Admin FY 2024 SEOPW Admin FY 2024 AES Postable Sanitation, Inc SEOPW Admin FY 2024 SEOPW Admin FY 2024 SEOPW Admin FY 2024 keys View Construction Group community Awareness Constructs... community Awareness Constructs... community Awareness Constructi... SEOPW Admin FY 2024 AES Postable Sanitation, Inc community Awareness Constructi... keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group community Awareness Constructi... Big Language Solutions Holdings ... community Awareness Constructs... SEOPW Admin FY 2024 community Awareness Constructs... SEOPW Admin FY 2024 AES Postable Sanitation, Inc Florida International University community Awareness Constructi... Printing On The Mark keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group community Awareness Constructs... kasey Burrell kasey Burrell SEOPW Admin FY 2024 community Awareness Constructi... community Awareness Constructi... keys View Construction Group keys View Construction Group keys View Construction Group DP31982-7125-6/16/2024-6/29/24 payroll period 4/20/24-5/3/24 payroll period 5/4/24-5/17/24 payroll period 5/4/24-5/17/24 DP31001-774975 payroll period 5/18/24-5/31/24 payroll period 6/1/24-6/14/24 payroll period 6/15/24-6/28/24 DP32017-404 WO # 35-24 ST John 7131 DP32066-7142 DP32101-7148 payroll period 6/29/24-7/12/24 777034 dp32140-7154-8/11/24-8/24/24 dp32132-cra-1013 dp32131-625 627 1009 1011 dp32130-001d 619 621 623 DP-32149-7155 DP32152-BLS1231108-49 CRA-R-23... 0P32189-7171-8/25/2024-9/7/24 payroll period 7/27/24-8/9/24 D P32221-7191-9/8/24-9/21 /24 payroll period 8/24/24-9/6/24 DP32185-782815- DP32246-103 DP32266-7199-9/22/24-105/24 DP32277-SI-75886 Facade beautifica... DP32292-CRA-534 CRA-536 DP32290-CRA-002D CRA-528 CRA-530 CRA-532 DP32304-7219 1058 1057 payroll period 3/9/24-3/22/24 0P32329-7224-10/20/24-11 /2/24 DP32384-7236-11 /3/24-11 /16/24 DP32381-CRA-608 CRA-1518 CRA-003D -21,055.27 -7,562.50 -7,875.00 -2,000.00 -87.18 -3,656.25 - 2,000.00 -4,660.00 - 22,100.00 - 16,439.02 - 15,008.45 - 12,574.33 - 2,000.00 -87.18 - 12,574.33 - 10,000.00 - 8,250.00 - 13,150.00 - 11,800.00 - 9,000.00 - 4,125.00 - 7,700.00 - 12,100.00 - 11,300.00 - 1,555.72 -673.87 - 15,605.24 - 2,000.00 - 15,457.80 -1,500.00 -43.58 -118,226.87 - 16,462.97 -250.00 -12,200.00 -26,100.00 -1,815.00 -11,800.00 -5,700.00 -9,400.00 -13,963.25 -2,500.00 - 2,470.00 - 8,625.40 - 18,552.08 - 19,381.22 - 12,800.00 - 12,805.00 -890.00 Attachment: File # 17655 - Backup (17655 : Additional Additional Funding to SEOPW CRA Facade Beautification & Training Program) Page: 684 ' 6d ;e) 3ed 2:45 PM 05/09/25 Accrual Basis Type Date SEOPW CRA Income by Customer Detail October 1, 2001 through May 9, 2025 Source Name Memo Amount Bill 11/18/2024 Bill 11/18/2024 Bill 11/18/2024 Bill 11/18/2024 Bill 12/3/2024 Bill 12/16/2024 Bill 12/16/2024 Bill 1/13/2025 Bill 1/13/2025 Bill 1/13/2025 Bill 1/13/2025 Gener... 1/15/2025 Bill 1/27/2025 Bill 2/11/2025 Gener... 2/18/2025 Gener... 2/18/2025 Bill 2/24/2025 Bill 2/24/2025 Bill 2/24/2025 Bill 2/24/2025 Bill 2/24/2025 Bill 2/24/2025 Bill 2/24/2025 Bill 2/24/2025 Bill 2/24/2025 Bill 2/24/2025 Bill 2/24/2025 Bill 2/24/2025 Gener... 3/5/2025 Bill 3/10/2025 Bill 3/25/2025 Gener... 4/3/2025 Bill 4/9/2025 Gener... 4/9/2025 Bill 4/14/2025 Bill 4/14/2025 Bill 4/14/2025 Bill 4/14/2025 Bill 4/14/2025 Bill 4/14/2025 Bill 4/14/2025 Bill 4/22/2025 keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group community Awareness Constructi... community Awareness Constructi... community Awareness Constructi... community Awareness Constructi... keys View Construction Group keys View Construction Group keys View Construction Group SEOPW Admin FY 2025 community Awareness Constructi... community Awareness Constructi... SEOPW Admin FY 2025 SEOPW Admin FY 2024 community Awareness Constructi... keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group SEOPW Admin FY 2025 community Awareness Constructi... community Awareness Constructi... SEOPW Admin FY 2025 community Awareness Constructi... SEOPW Admin FY 2025 keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group keys View Construction Group community Awareness Constructi... Total SEOPWFacade$1.3M23-0032 TOTAL DP32380-CRA-600 CRA-602 CRA-604 CRA-0606 DP32410-7238 - 11/17/2024-11/30/24 D P32483-7255-12/ 15/24-12/28/24 D P32482-7254-12/ 1 /24-12/ 14/24 DP32532-7265 DP32520-CRA-223 CRA-1504 CRA-1634 payroll period 11/30/24-12/13/24 dp32558-7273-1/12/25-1/25/2025 DP32597-7278-1/26/25-2/8/25 payroll period 12/28/24-1/10/25 payroll period 3/9/24-3/22/24 D P 32634-72 85-2/9/25-2/22/25 DP32644-628 626 624 004d DP32645-1614 1620 DP32651-CRA-612 616 618 620 DP32652-CRA-622 payroll period 1/25/25-2/7/25 DP32675-7296-2/23/25-3/8/25 DP32699-7299 3/9/25-3/22/25 payroll period 2/22/25-3/7/25 DP32748-7313-3/23/25-4/5/25 payroll period 3/22/25-4/4/25 DP32760-525 514P 005D DP32759-517 519 521 523 DP32778-7316-4/6-4/19 -10,800.00 -7,900.00 -10,600.00 -12,700.00 -20,646.56 -24,271.64 -22,885.69 -25,145.85 - 6,500.00 - 10,005.00 -10,800.00 -2,400.00 - 23,515.33 -25,909.56 -2,400.00 8,625.40 - 25,546.98 - 9,500.00 - 10,300.00 - 10,200.00 - 5,445.00 - 5,800.00 -6,600.00 - 9,600.00 - 11,100.00 - 10,300.00 - 10,100.00 -10,200.00 - 2,400.00 - 24,941.93 - 24,094.39 - 1,860.00 - 24,274.58 -2,400.00 -11,000.00 -1,200.00 -2,630.00 -13,500.00 -12,700.00 -10,300.00 -15,300.00 -25,824.98 -2,062,749.91 -2,062,749.91 Attachment: File # 17655 - Backup (17655 : Additional Additional Funding to SEOPW CRA Facade Beautification & Training Program) Page 2.3.c KEYS VIEW CONSTRUCTION GROUP LICENSE: CBC1267287 CONSTRUCTION/REMODEL INVOICE CUSTOMER SEOPW CRA ESTIMATE NO CRA-PHASE II DATE 5/7/2025 PROJECT CULMER BEAUTIFICATION - PHASE II ADDRESS CULMER TOWNHOMES CITY/STATE/ZI P Miami, FL 33136 Keys View 2438 Taft St, Hollywood, FL 33020 Construction 786-426-7879 zurri2020@gmail.com; kpowell@thekeysview.com 786-440-9371 QUANTITY DESCRIPTION UNIT PRICE AMOUNT 16 26 1 1 Asphalt Repair and Overlay, 168 Parking Blocks, New Space Striping Solar Powered Lights, Structural Support and Installation White Aluminum 6-foot Fence, Installed on Permiter of Property approximately 2700 LF Common Area Chain Link Fence Repair and Installation approximately 2300 LF $24,500.00 $392,000.00 $3,400.00 $88,400.00 $178,000.00 $178,000.00 $48,000.00 $48,000.00 $46,400.00 $81,600.00 16 Community Mailboxes Repair and Restoration $2,900.00 34 New Wooden Fences $2,400.00 30 Trees Trimmed on Property, Various Common Areas $400.00 30 Culmer Remaining Units $11, 500.00 ***QUOTE INCLUDES ALL LABOR AND MATERIALS REQUIRED TO COMPLETE EACH PHASE OF PROJECT*** NOTES ON UNIT: SUBTOTAL TAX RATE SALES TAX $12,000.00 $345,000.00 $1,191,400.00 0.00% $0.00 TOTAL $1,191,400.00 Unforeseen Work: In the event that unforeseen work is required to complete the project, the Contractor shall provide the Owner with a written change order that describes the additional work and specifies the cost and schedule impact of the change. The change order shall be signed by both parties before any additional work is commenced. The cost of any unforeseen work shall be based on the Contractor's hourly rates, material costs, and any other relevant factors. The Contractor shall make all reasonable efforts to minimize the impact of any unforeseen work on the project schedule. Attachment: File # 17655 - Backup (17655 : Additional Additional Funding to SEOPW CRA Facade Beautification & Training Program) Packet Pg. 190 2.3.c KEYS VIEW CONSTRUCTION GROUP LICENSE: CBC1267287 CONSTRUCTION/REMODEL PROPOSAL CUSTOMER Miami CRA SEOPW DATE 5/5/2025 PROJECT 1117-21 NW 3rd Ave Facade ADDRESS 1117-21 NW 3rd Ave CITY/STATE/ZIP Miami, FL 33136 2438 Taft Street, Hollywood, FL 33020 kpowell@thekeysview.com zurri2020@gmail.com QUANTITY DESCRIPTION UNIT PRICE AMOUNT ***1117, 1119, 1121 NW 3rd AVE*** Pressure Clean, Prime and Paint Buildings and Fencing Owner Design and Color Choice _ Remove Old Roll Down Door, Repair and Re -stucco Exerior Facade $32,000.00 $32,000.00 $8,100.00 $8,100.00 10 Exterior Modern A/C Griill Covers $325.00 $3,250.00 4 Awnings /Protective Window Covering Front of Buildings $3,300.00 $13,200.00 10 Exterior Hanging Greenery $260.00 $2,600.00 1 Architectural, Electrical and Structural Aesthetic Materials for Exterior Facade $9,500.00 $9,500.00 3 Small Awnings $1,400.00 $4,200.00 Description of Work: The scope of work includes providing a comprehensive exterior facelift for a cultural destination and business Incubation site in Historic Overtown. The project will focus on enhancing the building's visual appeal and structural integrity while preserving the area's cultural character. Key tasks include exterior stucco refinishing, painting, and structural repairs as needed to restore and stabilize the facade. All work shall comply with local building codes and historic preservation guidelines, ensuring a revitalized and welcoming appearance for both community members and visitors. Sign Below to Accept Quote: SUBTOTAL $72,850.00 TAX RATE 0.00% TOTAL $72,850.00 Authorized Rep Date Unforeseen Work: In the event that unforeseen work is required to complete the project, the Contractor shall provide the Owner with a written change order that describes the additional work and specifies the cost and schedule impact of the change. The change order shall be signed by both parties before any additional work is commenced. The cost of any unforeseen work shall be based on the Contractor's hourly rates, material costs, and any other relevant factors. The Contractor shall make all reasonable efforts to minimize the impact of any unforeseen work on the project schedule. Attachment: File # 17655 - Backup (17655 : Additional Additional Funding to SEOPW CRA Facade Beautification & Training Program) Packet Pg. 191 BILL TO Southeast Overtown/Park West Community Redevelopment Agency Community Awareness Construction Servic 1111 Park Centre Bouleva Miami, Florida 331 United Stat Phone: 30531646 Mobile: 786-461-37 Invoice Number: 7317 Invoice Date: May 5, 2025 Payment Due: May 5, 2025 Amount Due (USD): $25,691.04 items Quantity Amo CRA Construction Training Class OJT Bi-Weekly Payroll 04/20/2025- 05/03/2025 ADP FEES Service fee ADP FEE Workers Comp Fees ADP FEE Retirement Fees 1 1 1 1 $24,531.08 $24,531. $113.72 $113 $76.79 $76, $969.45 $969. Total: $25,691. Amount Due (USD): $25,691. cc 0) 0 L a 0) c c co oas c 0 as 0 4- co d o w ca u_ a 0 w U) 0 c c u_ �a c 0 a c 0 u� ca ti 0. 0 co m ti G) u_ C 0) 0 Powered by I wave Packet Pg. 192 2.3.c KEYS VIEW COPJSTRUCTICIN O R O U P SEOPW CRA CULMER FACADE BEAUTIFICATION PROGRAM Culmer Building 12 (500-512 NW 11 ST) At Culmer Building 12, students continued developing their hands-on skills with a focus on outdoor work. They trimmed trees and helped improve the appearance of the property, learning how to work safely with tools and ladders. They also assisted with installing downspouts, giving them more experience in exterior water management. It was another step forward in building their confidence and job readiness. Attachment: File # 17655 - Backup (17655 : Additional Additional Funding to SEOPW CRA Facade Beautification & Training Program) Packet Pg. 193 2.3.c ITEM Love Love International, LLC. 638 NW 11th Street Miami, Florida 33136 THANK YOU FOR YOUR BUSINESS! CITY OF MIAMI Southeast Overtown / ParkWest Community Redevelopment Agency (SEOPW CRA) BILL TO SEOPW CRA 819 N.W. 2' Avenue, 3rd FI Miami, Florida 33136 Services 04.06.2025 to 04.12.2025 Community Redevelopment Outreach DETAILS Culmer Facade Beautification Program Community Outreach Services 04.13.2025 to 04.19.2025 Community Redevelopment Outreach Services 04.20.2025 to 04.26.2025 Services 04.27.2025 to 05.03.2025 Community Redevelopment Outreach Subtotal Tax Total Due QTY 20 20 20 Invoice# 0115 Issue date 05/05//2025 PAYMENT Due date 06/05/2025 $2,400 RATE $30.00 $30.00 $30.00 AMOUNT $600.00 $600.00 $600.00 20 $30.00 $600.00 *NOTE: Sent Via Email to: smanrique@miamigov.com $2,400.00 $ 0.00 $2,400.00 Attachment: File # 17655 - Backup (17655 : Additional Additional Funding to SEOPW CRA Facade Beautification & Training Program) Packet Pg. 194 2.3.c KEYS VIEW CONSTRUCTION GROUP LICENSE: CBC1267287 CONSTRUCTION/REMODEL INVOICE CUSTOMER SEOPW CRA INVOICE NO CRA-006D DATE 4/25/2025 PROJECT CULMER BEAUTIFICATION ADDRESS 619 NW 10 STREET CITY/STATE/ZIP Miami, FL 33136 Keys View Construction 2438 Taft St, Hollywood, FL 33020 786-426-7879 zurri2020@gmail.com; kpowell@thekeysview.com 786-440-9371 QUANTITY DESCRIPTION UNIT PRICE AMOUNT 2 30 YD Dumpster Exchanges $650.00 $1,300.00 2 Overweight Charges $175.00 $350.00 $0.00 NOTES ON UNIT: Culmer residents and commnity members continue to utilize dumpster. SUBTOTAL $1,650.00 TAX RATE 0.00% SALES TAX $0.00 TOTAL $1,650.00 Attachment: File # 17655 - Backup (17655 : Additional Additional Funding to SEOPW CRA Facade Beautification & Training Program) Packet Pg. 195 2.3.c Category Facade Beautification and Work Training Program Details Amount Current Funding Status Original Budget Amount Overage Amount Current Total Spent Approved by Board on 7/23/23 As of 5/7/25 As of 5/7/25 $1,300,000* (to be added to Project Request Grand Total) $762,750** (to be added to Additional Funding Request Subtotal) $2,062,750 Additional Funding Culmer Townhomes Construction Costs Additional 3rd Ave Target Zone Construction Costs The general contractor estimated costs for completing Phase 1 (last quarter of Culmer Townhome Buildings, from #13-#16 and latecomers) & all of Phase 2 (common area landscaping, back fences, solar panels, paving, perimeter fence, etc.) $1,191,400 $72,850 On -the -Job -Training (OJT) Labor & Payroll Weekly OJT costs ("'$13k per week; starting from pay period 5/5/25 - 5/16/25 until pay period of 12/15/25 - 12/26/25 (if necessary); 34 weeks maximum) Includes ADP and Community Awareness company fees $442,000 LoveLove International LLC Culmer Townhomes Liaison, contract extension possible, 600 per week for 34 weeks (same payment timeline as above) $ 20,400 Attachment: File # 17655 - Backup (17655 : Additional Additional Funding to SEOPW CRA Facade Beautification & Training Program) Packet Pg. 196 2.3.c Culmer On -Site Vendors Dumpster and portalet (portable toilets) costs billed separately (May — December 2025); maximum timeline, 1k per month $8,000 Additional Funding Request BEFORE 10% Additional Funding Contingency Subtotal $1,734,650 10% Contingency (not final contingency amount) *** $173,465 Including Overage and 10% Contingency Subtotal** $2,670,865 Additional Contingency*** Total Additional Funding Contingency 11.7% $29,135 Additional Funding Request $2,700,000 Total Project Request Grand Total* $4,000,000 Attachment: File # 17655 - Backup (17655 : Additional Additional Funding to SEOPW CRA Facade Beautification & Training Program) Packet Pg. 197 Southeast Overtown/Park West Community Redevelopment Agency NOTICE OF PUBLIC HEARING PLEASE ALL TAKE NOTICE, the Board of Commissioners ("Board") of the Southeast Overtown/ Park West Community Redevelopment Agency ("SEOPW CRA") will hold a Public Hearing on Thursday, June 12th, 2025, at 10:00 a.m., or anytime thereafter, in the City Commission chambers located at Miami City Hall, 3500 Pan American Drive, Miami, Florida 33133 ("City Chambers"). The Board will consider the allocation of additional funding to underwrite construction and contingency costs associated with the SEOPW CRA Facade Beautification and Work Training Program, a community -focused initiative dedicated to revitalizing and enhancing the appearance of Historic Overtown. In accordance with the SEOPW CRA 2018 Redevelopment Plan Update ("Plan") and Section 163 Florida Statutes, the Board will consider the allocation of additional funding, in an amount not to exceed Two Million Seven Hundred Thousand Dollars and Zero Cents ($2,700,000.00), to assist in completing Phase 1 and Phase 2 of the "Culmer Townhomes" buildings and additional 3rd Avenue Target Zone areas, bringing the total program cost to an amount not to exceed Four Million Dollars and Zero Cents ($4,000,000.00). All comments and questions with respect to the meeting and public participation should be addressed to James D. McQueen, Executive Director, or Vincent T. Brown, Esq., General Counsel/Deputy Director, at 819 N.W. 2' Avenue, 3rd Floor, Miami, Florida 33136 or (305) 679- 6800. This action is being considered pursuant to Sections 18-85 and 18-86 of the Code of the City of Miami, Florida as amended ("City Code"). The recommendation and findings to be considered in this matter are set forth in the proposed resolution and will be available as with the scheduled SEOPW CRA Board meeting or anytime thereafter in the City Commission chambers. The SEOPW CRA Board requests all interested parties be present or represented at the meeting, and may be heard with respect to any proposition before the SEOPW CRA Board, in which the Board may take action. Should any person desire to appeal any decision of the Board with respect to any matter considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made, including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Pursuant to CRA-R-24-0071, whenever a scheduled SEOPW CRA meeting is cancelled or is not held due to a lack of a quorum or other emergency, a special SEOPW CRA meeting will be automatically scheduled for the Tuesday immediately following the cancelled meeting. In the event of one of the aforementioned circumstances, the special meeting would be held on June 17th, 2025, at 10:00 a.m., or anytime thereafter, in the City Chambers. All of the scheduled agenda items from that cancelled meeting shall automatically be scheduled as an agenda item at the special SEOPW CRA meeting. The Clerk of the Board shall notify the public of the special meeting that is to take place by placing a notice of the special SEOPW CRA meeting at the entrance of City Hall, placing a notice on the SEOPW CRA's website, and, if feasible, placing an ad in a newspaper of general circulation before the special meeting on the immediately following Tuesday. There shall be no additional notice by publication required for any such scheduled agenda item that is moved to the special SEOPW CRA meeting. 2.3.d Attachment: File # 17655 - Notice to the Public (17655 : Additional Additional Funding to SEOPW CRA Fagade Beautification & Training Packet Pg. 198 2.3.d In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in this proceeding may contact the Office of the City Clerk at (305) 250-5361 (Voice), not later than two (2) business days prior to the proceeding. TTY users may call 711 (Florida Relay Service), not later than two (2) business days prior to the proceeding. Ad No. 43737 Todd B. Hannon Clerk of the Board Attachment: File # 17655 - Notice to the Public (17655 : Additional Additional Funding to SEOPW CRA Fagade Beautification & Training Packet Pg. 199 2.4 SEOPW Board of Commissioners Meeting June 17, 2025 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King Date: June 12, 2025 and Members of the CRA Board File: 17730 From: James McQueen Executive Director Subject: First Amendment to the Professional Services Agreement with Hood Design Studio, Inc. Enclosures: File # 17730 - Exhibit A File # 17730 - Exhibit B File # 17730 - Backup BACKGROUND: A Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), with attachment(s), authorizing the Executive Director to execute a First Amendment to the Professional Services Agreement ("PSA"), in substantially the form attached as Exhibit `B," with Hood Design Studio, Inc. ("H.D.S."), a Foreign Profit Corporation authorized to conduct business in the State of Florida, for major landscape architectural, redesign and improvement services ("Purpose") for the Northwest 9' Street Pedestrian Mall, Miami, Florida 33136 ("Property"), authorized under Resolution No. CRA-R-24-0031, increasing the existing contract value, to an amount not to exceed One Million Nine Hundred Thirty -Two Thousand Three Hundred Twelve Dollars and Zero Cents ($1,932,312.00) ("Funds"), for a total amount not to exceed Two Million Two Hundred Thirty -Two Thousand Three Hundred Twelve Dollars and Zero Cents ($2,232,312.00), subject to funding availability and proceeds from the Series 2025 Bond Issuance. On May 24, 2023, the SEOPW CRA issued Request for Qualifications ("RFQ") No. 23-01 for Landscape Architecture Services for Northwest 9`" Street Pedestrian Mall Improvements ("Project"). Pursuant to the evaluation criteria and procedures outlined in RFQ 23-01, a selection committee was convened, scoring H.D.S. as the top -ranked proposer. In accordance with Resolution Nos. CRA-R-23-0063 and CRA-R-24- 0031, the Executive Director executed a Professional Services Agreement ("PSA") with H.D.S. for conceptual design services, in an amount not to exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00). On March 20, 2025, H.D.S. unveiled completed plans, renderings, and a scale model for the major redesign and improvements to Northwest 9th Street Pedestrian Mall to the community, where current residents and stakeholders interacted with H.D.S. and the SEOPW CRA team. The SEOPW CRA now wishes to proceed in executing on H.D.S.'s original design concept, which requires additional phases of services, including but not limited to, schematic design, design development, construction documentation Packet Pg. 200 2.4 (e.g. permit plans), coordination throughout the permitting process, and assistance in the bidding of the Project for a Construction Manager or General Contractor. Through Resolution No. CRA-R-25-0014, which authorizes the issuance of Series 2025 Bonds, in an amount not to exceed One Hundred Seventy -Five Million Dollars and Zero Cents ($175,000,000.00), an allocation of Fifteen Million Dollars and Zero Cents ($15,000,000.00) is contemplated to fund those certain remaining portions of the Project, including the construction of the designed improvements. Thus, the SEOPW CRA seeks to amend the previously executed PSA with H.D.S., increasing the existing contract value, to allow for H.D.S. to complete the services required to proceed with the Project. It is recommended that the Board of Commissioners of the SEOPW CRA approve and adopt the attached Resolution authorizing the Executive Director to execute an amended PSA, in substantially the form attached as Exhibit "B," and allocate additional Funds, bringing the total cost to an amount not to exceed Two Million Two Hundred Thirty -Two Thousand Three Hundred Twelve Dollars and Zero Cents ($2,232,312.00), for the Purpose stated herein. JUSTIFICATION: Pursuant to Section 163.340(9), Florida Statutes (the "Act") community redevelopment means "undertakings, activities, or projects of a ... community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight...." Section 2, Goal 6 of the Plan encourages "[ilmprov[ingl the quality of life for residents" as a stated redevelopment goal. Section 2, Principle 5 of the Plan lists "walking within the neighborhood must be accessible, safe, and pleasant" as a guiding principle. Lastly, Section 2, Principle 14 of the Plan emphasizes efforts to "[r]estore a sense of community and unify the area culturally" as a stated redevelopment principle. FUNDING: Previous allocation: $300,000.00 Additional funding: $1,932,312.00 Total funding: $2,232,312.00 from Account No. 10050.920101.531000.0000.00000 - "SEOPW Professional Services (Other)" FACT SHEET: Entity name: Hood Design Studio, Inc. Project address: Northwest 9th Street Pedestrian Mall, Miami, Florida 33136 (Northwest 9th Street from Northwest 3rd Avenue to Northwest 1st Court). Summary: Authorization for execution of a First Amendment to the Professional Services Agreement with Hood Design Studio, Inc. for landscape architecture services for major redesign and improvements to the Northwest 9th Street Pedestrian Mall. Page 2 of 7 Packet Pg. 201 2.4 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: June 17, 2025 CRA Section: Brief description of CRA Agenda Item: AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR MAJOR LANDSCAPE ARCHITECTURAL, REDESIGN AND IMPROVEMENT SERVICES FOR THE NORTHWEST 9TH STREET PEDESTRIAN MALL IN AN AMOUNT NOT TO EXCEED $1,932,312.00, FORA TOTAL AMOUNT NOT TO EXCEED $2,232,312.00. Project Number YES, there Account Code: (if applicable): are sufficient funds in Line Item: 10050.920101.531000.0000.00000 Amount:$ 2 , 2 3 2 , 31 2.0 0 NO (Complete the following source of funds information): Amount budgeted in the line item: $ Balance in the line item: $ Amount needed in the line item: $ Sufficient funds will be transferred from the following line items: ACTION ACCOUNT NUMBER TOTAL Project No./Index/Minot Object From $ To $ From $ To $ Comments: Funds were reallocated from the Budget Reserve. Page 3 of 7 Packet Pg. 202 2.4 Approved by: Executive Director 6/5/2025 Approval: r Miguel A Valontirl, Finance Officer 6/5/2025 Page 4 of 7 Packet Pg. 203 2.4 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: File Number: 17730 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "B," WITH HOOD DESIGN STUDIO, INC. ("H.D.S."), A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA, FOR MAJOR LANDSCAPE ARCHITECTURAL, REDESIGN AND IMPROVEMENT SERVICES ("PURPOSE") FOR THE NORTHWEST 9TH STREET PEDESTRIAN MALL, MIAMI, FLORIDA 33136 ("PROPERTY"), AUTHORIZED UNDER RESOLUTION NO. CRA-R- 24-0031, INCREASING THE EXISTING CONTRACT VALUE, TO AN AMOUNT NOT TO EXCEED ONE MILLION NINE HUNDRED THIRTY-TWO THOUSAND THREE HUNDRED TWELVE DOLLARS AND ZERO CENTS ($1,932,312.00) ("FUNDS"), FOR A TOTAL AMOUNT NOT TO EXCEED TWO MILLION TWO HUNDRED THIRTY-TWO THOUSAND THREE HUNDRED TWELVE DOLLARS AND ZERO CENTS ($2,232,312.00), SUBJECT TO FUNDING AVAILABILITY AND PROCEEDS FROM THE SERIES 2025 BOND ISSUANCE; ALLOCATING FUNDS FROM ACCOUNT NO. 10050.920101.531000.0000.00000 - "SEOPW PROFESSIONAL SERVICES (OTHER)"; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ANY AND ALL DOCUMENTS, ALL IN FORMS ACCEPTABLE TO COUNSEL, SUBJECT TO ALLOCATIONS, APPROPRIATIONS AND BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING, THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE; PROVIDING FOR THE INCORPORATION OF RECITALS AND AN EFFECTIVE DATE. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its redevelopment area ("Redevelopment Area") in accordance with the 2018 Updated Southeast Overtown/Park West Redevelopment Plan (the "Plan"); and WHEREAS, Section 2, Goal 6 of the Plan encourages "[i]mprov[ing] the quality of life for residents" as a stated redevelopment goal; and Page 5 of 7 Packet Pg. 204 2.4 WHEREAS, Section 2, Principle 5 of the Plan states that "walking within the neighborhood must be accessible, safe, and pleasant" as a stated redevelopment principle; and WHEREAS, Section 2, Principle 14 of the Plan lists "restor[ing] a sense of community and unify[ing] the area culturally" as a stated redevelopment principle; and WHEREAS, on May 24, 2023, the SEOPW CRA issued Request for Qualifications ("RFQ") No. 23-01 for landscape architecture design services for improvements ("Services") to the Northwest 9th Street Pedestrian Mall, Miami, Florida 33136 ("Property"); and WHEREAS, Hood Design Studio, Inc., a Foreign Profit Corporation authorized to conduct business in the State of Florida ("H.D.S."), submitted a proposal in response thereto, which was accepted on December 14, 2023, through Resolution No. CRA-23-0063, as the top ranked proposer, pursuant to the evaluation criteria and procedures outlined in RFQ No. 23-01; and WHEREAS, on December 14, 2023, through Resolution No. CRA-23-0063, the Board of Commissioners further authorized the Executive Director to negotiate a Professional Services Agreement ("PSA") with H.D.S. for Services to the Property ("Project"), in an amount not to exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00), to be presented to the Board of Commissioners for final consideration and approval; and WHEREAS, on May 23, 2024, through Resolution No. CRA-24-0031, the Board of Commissioners considered and ultimately authorized the Executive Director to execute a PSA, attached and incorporated herein as Exhibit "A," with H.D.S., and authorized the allocation of funding, in an amount not to exceed Three Hundred Thousand Dollars and Zero Cents ($300,000.00), toward the Project; and WHEREAS, on March 20, 2025, at a publicly noticed community meeting, H.D.S. unveiled completed conceptual design plans, models and renderings, thereby completing a portion of the preliminary scope of services of the PSA (See Exhibit "A"); and WHEREAS, on April 10, 2025, the Board of Commissioners adopted Resolution No. CRA-R-25- 0014, authorizing the issuance of Series 2025 Bonds in an amount not to exceed One Hundred Seventy - Five Million Dollars and Zero Cents ($175,000,000.00), which contemplates an allocation of Fifteen Million Dollars and Zero Cents ($15,000,000.00) toward the Project; and WHEREAS, in anticipation of the upcoming bond issuance, subject to approval by the Miami - Dade Board of County Commissioners, the Executive Director seeks authorization to amend the previously executed PSA (See Exhibit "A") with H.D.S. and execute a First Amendment to the PSA ("Amendment"), in substantially the form attached as Exhibit "B," to allow for additional landscape architecture services, including schematic design, design development, construction documentation, permit coordination, and construction bidding phase assistance in order to close out a major phase of the Project ("Purpose"); and WHEREAS, the Amendment to the PSA with H.D.S. for remaining portions of work associated with said Purpose is estimated to increase the existing contract value to an amount not to exceed One Million Nine Hundred Thirty -Two Thousand Three Hundred Twelve Dollars and Zero Cents ($1,932,312.00); and WHEREAS, the Board of Commissioners wishes to authorize the Executive Director to execute an Amendment to the PSA, further authorizing the allocation of additional funds, in an amount not to Page 6 of 7 Packet Pg. 205 2.4 exceed One Million Nine Hundred Thirty -Two Thousand Three Hundred Twelve Dollars and Zero Cents ($1,932,312.00) ("Funds"), for a total project cost not to exceed Two Million Two Hundred Thirty -Two Thousand Three Hundred Twelve Dollars and Zero Cents ($2,232,312.00), for the Purpose stated herein; and WHEREAS, the Board of Commissioners finds that adopting this Resolution would further the redevelopment goals and objectives of the SEOPW CRA; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Executive Director is hereby authorized to execute an Amendment to the PSA, in substantially the form attached as Exhibit `B," with H.D.S. for the Purpose stated herein. Section 3. The Executive Director is further authorized' to allocate the Funds at his discretion, on a reimbursement basis or directly to vendors, upon presentation of invoices and satisfactory documentation from Account No. 10050.920101.531000.0000.00000 - "SEOPW Professional Services (Other)" for said Purpose. Section 4. The Executive Director is further authorized to negotiate and execute all other documents, amendments, and extensions, all in forms acceptable to Counsel, subject to allocations, appropriations and budgetary approvals having been previously made, and in compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended, ("City Code") and in compliance with applicable regulations, as may be necessary for said Purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ounsel 6/5/2025 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable State law, City Charter and City Code provisions, as adopted by the SEOPW CRA. Page 7 of 7 Packet Pg. 206 EXHIBIT "A" 2.4.a SEOPW CRA PROFESSIONAL SERVICES AGREEMENT Service Category Landscape Architecture Services N.W.9th Street Pedestrain Mall Improvements Contract Type Project Specific Consultant Hood Design Studio, Inc. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 5-6 ARTICLE 2 GENERAL CONDITIONS 7 2.01 TERM 7 2.02 SCOPE OF SERVICES 7 2.03 COMPENSATION ARTICLE 3 PERFORMANCE 7-8 3.01 PERFORMANCE AND DELEGATION 7 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 7 3.03 CONSULTANT KEY STAFF 7 3.04 TIME FOR PERFORMANCE 8 3.05 STANDARD OF CARE 8 ARTICLE 4 SUBCONSULTANTS 8 4.01 GENERAL 8 4.02 SUBCONSULTANT RELATIONSHIPS 8 4.03 CHANGES TO SUBCONSULTANTS 8 ARTICLE 5 DEFAULT 8-9 5.01 GENERAL 9 5.02 CONDITIONS OF DEFAULT 9 5.03 TIME TO CURE DEFAULT, FORCE MAJEURE. 9 ARTICLE 6 TERMINATION OF AGREEMENT 9-10 6.01 SEOPW CRA'S RIGHT TO TERMINATE 9 6.02 CONSULTANT'S RIGHT TO TERMINATE 9 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 10 ARTICLE 7 DOCUMENTS AND RECORDS 10 7.01 OWNERSHIP OF DOCUMENTS 10 7.02 DELIVERY UPON REQUEST OR CANCELLATION 10 7.03 RE -USE BY SEOPW CRA 10 7.04 NON -DISCLOSURE 10 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 10-11 7.06 E-VERIFY 11 ARTICLE 8 INDEMNIFICATION 11-12 ARTICLE 9 INSURANCE 12 9.01 COMPANIES PROVIDING COVERAGE 12 9.02 VERIFICATION OF INSURANCE COVERAGE 12 9.03 FORMS OF COVERAGE 12-13 9.04 MODIFICATIONS TO COVERAGE 12-13 ARTICLE 10 MISCELLANEOUS 13 10.01 AUDIT RIGHTS; INSPECTION 13 10.02 ENTIRE AGREEMENT 13 10.03 SUCCESSORS AND ASSIGNS 13 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 14 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 14 10.06 NOTICES 14 10.07 INTERPRETATION 15 10.08 JOINT PREPARATION 15 10.09 PRIORITY OF PROVISIONS 15 10.10 MEDIATION - WAIVER OF JURY TRIAL 15 10.11 TIME 15 10.12 COMPLIANCE WITH LAWS 15-16 10.13 NO PARTNERSHIP 16 10.14 DISCRETION OF EXECUTIVE DIRECTOR 16 10.15 RESOLUTION OF CONTRACT DISPUTES 17 10.16 INDEPENDENT CONTRACTOR 16-17 10.17 CONTINGENCY CLAUSE 17 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 207 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.18 THIRD PARTY BENEFICIARY 17 10.19 ADDITIONAL TERMS AND CONDITIONS 17 10.20 SEVERABILITY 17 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES 17 ATTACHMENT A - SCOPE OF WORK 21-22 ARTICLE Al GENERAL 21-22 A1.01 SCOPE OF SERVICES 21-22 A1.02 WORK ORDERS 22 A1.03 PAYMENTS 22 ARTICLE A2 OVERVIEW OF PROJECT SERVICES 22-23 A2.01 TIME FRAMES FOR COMPLETION 22-23 ARTICLE A3 ADDITIONAL SERVICES 23-24 A3.01 GENERAL 23-24 A3.02 EXAMPLES 24 A3.03 ADDITIONAL DESIGN 24 ARTICLE A4 REIMBURSABLE EXPENSES 24-25 A4.01 GENERAL 25 A4.02 SUBCONSULTANT REIMBURSEMENTS 25 ARTICLE A5 SEOPW CRA'S RESPONSIBILITIES 25 A5,01 PROJECT AND SITE INFORMATION 25 A5.02 CONSTRUCTION MANAGEMENT 27 SCHEDULE Al - SUBCONSULTANTS 27 SCHEDULE A2 - KEY STAFF 27 ATTACHMENT B - COMPENSATION AND PAYMENTS 28 ARTICLE B1 METHOD OF COMPENSATION 28 B1.01 COMPENSATION LIMITS 28 B1.02 CONSULTANT NOT TO EXCEED 28 ARTICLE B2 COMPUTATION OF FEES AND COMPENSATION 28 B2.01 LUMP SUM 28 B2.01-2 MODIFICATIONS TO LUMP SUM 28 B2.01-3 LUMP SUM COMPENSATION 28 B2.02 HOURLY RATE FEES 36 B2.03 REIMBURSABLE EXPENSES 29 B2.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES 30 B2.05 PAYMENT EXCLUSIONS 36 B2.06 FEES RESULTING FROM PROJECT SUSPENSION 37 ARTICLE B3 PAYMENTS TO THE CONSULTANT 29 B3.01 PAYMENTS GENERALLY 29 B3.02 FOR COMPREHENSIVE BASIC SERVICES 29 B3.03 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 29 B3.04 DEDUCTIONS 29-30 ARTICLE B4 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 30 B4.01 GENERAL 30 ATTACHEMENT B - Compensation and Payments 31 B4.02 REIMBURSEMENTS TO THE SUBCONSULTANTS 31 ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 30 B5.01 GENERAL 30 SCHEDULE B1 - WAGE RATE SUMMARY 31 SCHEDULE B2 - CONSULTANT INVOICE 32 Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 2 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 208 EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.a SEOPW CRA PROFESSIONAL SERVICES AGREEMENT Service Category Landscape Architecture Services for Pedestrain Mall Improvements N.W. 9th Street Contract Type Landscape Architecture Services Consultant Office Location 3016 Filbert Street Studio 2 Oakland, CA 94608 THIS PROFESSIONAL SERVICES AGREEMENT (the "PSA" or this "Agreement") made this 2_day of DefORY in the year 2024 by and between the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2018 Southeast Overtown/Park West Redevelopment Plan Update, hereinafter called the "SEOPW CRA," and Hood Design Studio, Inc., hereinafter called the "Consultant." RECITAL A. The SEOPW CRA issued a Request for Qualifications ("RFQ") No. 23-01 on May 24, 2023, for the provision of Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements ("Services") and the Consultant's proposal (the "Proposal"). in response thereto, was selected as one of the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents (the "Solicitation Documents"), and are, by this reference, expressly incorporated into and made a part of this Agreement as if set forth in full. The Solicitation Documents are deemed as being attached hereto and incorporated by reference herein as supplemental terms, providing, however, that in the event of any conflicts(s) or inconsistencies with the terms of this Agreement, this Agreement shall control and supersede any such conflicts(s). B. WHEREAS, the SEOPW CRA, through action of the Executive Director and/or the SEOPW CRA Board of Commissioners, as applicable, has selected the Consultant in accordance with Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act, hereinafter referred to as "CCNA"), and the applicable provisions of the City of Miami's ("City") Procurement Ordinance, including, without limitation, City Code Section 18-87, to provide the professional services as described herein. Landscape Architecture Services P.I.W. 9th Street Pedestrian Mali Improvements 3 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 209 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 WITNESSETH, that the SEOPW CRA and the Consultant, for the considerations herein set forth, agree as follows: Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 210 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 1 DEFINITIONS 1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.02 Attachments means the Attachments to this Agreement, which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.04 Basic Services means those services designated as such in a Work Order. 1.05 Board of Commissioners of the SEOPW CRA means the legislative body of the SEOPW CRA, 1.06 Executive Director means the duly appointed chief administrative officer of the SEOPW CRA. 1.07 SEOPW CRA or Owner means the SEOPW CRA, a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2018 Southeast Overtown/Park West Redevelopment Plan Update, the public agency that is a party hereto and for which services under this Agreement are to be performed. In all respects hereunder, the SEOPW CRA performance is pursuant to the SEOPW CRA position as the Owner of the Project. In the event the SEOPW CRA exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws, and ordinances shall be deemed to have occurred pursuant to the SEOPW CRA authority as a governmental body and shall not be attributable in any manner to the SEOPW CRA as a party to this Agreement. The SEOPW CRA shall be referred to herein as "SEOPW CRA." For the purposes of this Agreement, "SEOPW CRA" without modification shall mean the Executive Director who may delegate certain tasks to the Director as defined in Section 1.13. 1.08 City Risk Manager shall mean the Risk Manager of the City of Miami who heads the Department of Risk Management. 1.09 Commission means the legislative body of the SEOPW CRA. This has the same meaning as Board of Commissioners of the SEOPW CRA and is an abbreviation. 1.10 Consultant means the individual, partnership, corporation, association, joint venture, limited liability company, other recognized business entity, or any combination thereof, of properly registered professional architects, or engineers, or surveyors and mappers, as applicable, which has entered into this Agreement to provide professional services to the SEOPW CRA. 1.11 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the SEOPW CRA for construction of SEOPW CRA facilities and incidentals thereto. 1.12 Department means or refers to the SEOPW CRA's Division of Architecture & Development ("DOAAD"). 1.13 Director means the Director of Architecture & Development of the SEOPW CRA designated herein who has the authority and responsibility for managing the specific project or projects covered under this Agreement. Unless otherwise specified herein or in a Work Order, for this Agreement, the Director is the top administrator of Architecture & Development or their authorized designee. 1.14 Errors means items in the plans, specifications, or other documents prepared by the Consultant that are shown incorrectly, which results in a change to the Services and results in the need for the Contractor to perform corrective work, rework, or additional work or which causes a delay to the completion of construction. 1.15 Errors and Omissions means design deficiencies in the plans, specifications or other documents prepared by the Consultant, which fail to meet the Standard of Care. 1.16 Inspector means an employee of the SEOPW CRA or of a consulting firm hired by the SEOPW CRA and assigned by the SEOPW CRA to make observations of Work performed by a Contractor. 1.17 Key Personnel means Staff positions assigned on a full-time basis to the Program by the Program Coordinator with the Executive Director's approval, to serve as an extension of the SEOPW CRA staff typically working at the SEOPW CRA. Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 5 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 211 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 1.18 Notice to Proceed ("NTP") means the same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all precedent conditions have been met and/or directing that the Consultant may begin work on the Project. 1.19 Omissions means items that are not shown or included in the plans, specifications, or other documents prepared by the Consultant which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. 1.20 Primary Services means those Services considered by SEOPW CRA to be fundamental to the successful management of the Project as stated in the RFQ, and in Attachment A of this Agreement. 1.21 Project Manager means an employee or representative of the SEOPW CRA assigned by the Director to manage and monitor Work to be performed under this Agreement or the construction of a project as a direct representative of the SEOPW CRA. 1.22 Program means the SEOPW CRA multi -year Stormwater Infrastructure Improvements Programs, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the SEOPW CRA stormwater infrastructure projects over a five (5) year period. 1.23 Project means the design, construction, alteration and/or repair, and all services and incidentals thereto, of a SEOPW CRA facility as contemplated and budgeted by the SEOPW CRA. The Project or Projects shall be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement. 1.24 Professional Services means those services within the scope of the practice of architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as "architectural/engineering services" or "professional services," as applicable, which are within this definition. 1.25 Professional Services Agreement ("Agreement" or "PSA") means this Agreement, all attachments, and any authorized amendments thereto. In the event of a conflict between the Request for Qualifications ("RFQ") and the Consultant's response thereto, the RFQ shall control. In the event of any conflict between the Consultant's response to the RFQ and this PSA, this PSA shall control. In the event of any conflict between this PSA and its attachments, this PSA shall control. 1.26 Resolution means the document constituting the official approval of the Board of Commissioners of the SEOPW CRA as required for the Executive Director to execute this Agreement, or increase the Project Budget, among other matters. 1.27 Risk Management Administrator means the City's Risk Management Director, or their designee, or the individual named by the Executive Director to administer matters relating to insurance and risk of loss for the SEOPW CRA. 1.28 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables, and milestones required for the completion of a Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.29 Subconsultant means a person or organization of properly registered professional architects, engineers, registered surveyor, or mapper, and/or other professional specialties, who has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. 1.30 Work means all services, materials and equipment provided by/or under this Agreement with the Consultant. 1.31 Work Order means a document internal to the SEOPW CRA, which authorizes the performance of specific professional services for a defined Project or Projects. 1.32 Work Order Proposal means a document prepared by the Consultant, at the request of the SEOPW CRA for Services to be provided by the Consultant on a specific phase of a Project. Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 6 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 212 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall take effect upon the date written above upon its execution by the authorized officers and shall be effective until final completion of construction of the Project and Final Payment is made to the Consultant. 2.02 SCOPE OF SERVICES The Consultant agrees to provide the Services as specifically described and under the special terms and conditions set forth in Attachment A, Scope of Work, hereto, which is incorporated into and made a part of this Agreement. 2.03 COMPENSATION 2.03-1 Compensation Limits: The amount of compensation payable by the SEOPW CRA to the Consultant shall generally be a lump sum not to exceed fee, based on the rates and schedules established in Attachment B, Compensation and Payments, hereto, which is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation payable to the Consultant by the SEOPW CRA, exceed Two Hundred Ninety -Five Thousand Dollars and Zero Cents ($295,000.00), inclusive of Reimbursable Expenses and Owner's Contingency Allowances, as detailed in Exhibit A, Consultant Work Order Proposal, attached hereto, unless explicitly approved by action of the Board of Commissioners of the SEOPW CRA or Executive Director, as applicable, and put into effect by written amendment to this Agreement. The SEOPW CRA may, in its sole and absolute discretion, use other compensation methodologies. The SEOPW CRA shall not have any liability, nor will the Consultant have any recourse against the SEOPW CRA for any compensation, payment, reimbursable expenditures, costs, fees, or charges beyond the compensation limits of this Agreement, as it may be amended from time to time. The Work may never exceed the limitations provided in Section 287.055, Florida Statutes, Consultant's Competitive Negotiation Act, for continuing contracts and other limitations on compensation, as applicable. 2.03-2 Payments: Unless otherwise specifically provided in Attachment B, Compensation and Payments, payment shall be made in accordance with Florida Statute Chapter 218, Part VII, Local Government Prompt Payment Act, after receipt of the Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to constitute a "Proper Invoice" as defined by Section 218.72 (8), Florida Statutes, and to allow a proper audit of expenditures, should the SEOPW CRA require one to be performed. If the Consultant is entitled to reimbursement of travel expenses, then all bills authorized and approved for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. The Consultant shall utilize Attachment B, Schedule B2 - Consultant Invoice, for the submission of invoices. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided in this Agreement, or approved, in writing by the SEOPW CRA. Said approval shall not be construed as constituting an agreement between the SEOPW CRA and said another person or firm. 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director or their designee may make written requests to the Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Subconsultants, or any personnel of any such Subconsultants engaged by the Consultant to provide and perform Services or Work pursuant to the requirements of this Agreement. The Consultant shall respond to the SEOPW CRA within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by the Consultant. Such request shall solely relate to the work of said employees under this Agreement. 3.03 CONSULTANT KEY STAFF The parties acknowledge that the Consultant was selected by the SEOPW CRA, in part, based on qualifications of particular staff identified in the Consultant's response to the SEOPW CRA solicitation, hereinafter referred to as "Key Staff." The Consultant shall ensure that Key Staff are available for Work upon request from the SEOPW CRA, as long as said Key Staff are in the Consultant's employ. The Consultant will obtain prior written approval from the Director or their designee to change or add to Key Staff. The Consultant shall provide the Director, or their designee with information required to determine Landscape Architecture Services 7 RFQ No. 23-01 N.W. 9th Street Pedestrian Mall Improvements Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 213 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 the suitability of the proposed new Key Staff. The Director will act reasonably in evaluating Key Staff qualifications. Such approval shall not constitute any responsibility or liability for t. individual's ability to perform. 3.04 TIME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed ("NTP") issued by the Director or their designee and to complete each assignment, task or phase within the time stipulated in the NTP. Time is of the essence with respect to performance of Work under this Agreement. A reasonable extension of the time for completion of various assignments, tasks, or phases may be granted by the SEOPW CRA should there be a delay on the part of the SEOPW CRA in fulfilling its obligations under this Agreement as stated herein. Such an extension of time shall not be cause for any claims by the Consultant for additional compensation or for any damages. 3.05 STANDARD OF CARE Consultant shall use the same degree of care, skill, and diligence exercised in the performance of the services as is ordinarily possessed and exercised by members of the same profession, currently practicing, under similar circumstances ("Standard of Care") and is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform all Services in compliance with Florida Administrative Code Chapter 61G1, Chapter 471 (Engineering), and Chapter 481 (Architecture, Interior Design, and Landscape Architecture) of the Florida Statutes, as amended, and all regulations promulgated applicable to these professions. Consultant shall perform due diligence, in accordance with the Standard of Care, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all Services furnished by the Consultant under this Agreement. Consultant shall correct or revise any errors, omissions, and/or deficiencies in its Services without additional compensation. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its Services. ARTICLE 4 SUBCONSULTANTS 4.01 GENERAL 4.01-1 A Subconsultant, as defined in Article 1.28, Subconsultant is a firm that was identified as part of the consulting team during the competitive selection process by which the Consultant was chosen to perform the Services under this Agreement, and as such, is identified and listed in Attachment A, Schedule Al - Subconsultants attached hereto and incorporated herein by reference. 4.01-2 A Specialty Subconsultant is a person or organization that has, with the consent of the Director, entered into a written agreement with the Consultant to furnish unique and/or specialized professional services necessary for a project or task described under Additional Services. Such Specialty Subconsultant shall be in addition to those identified in Attachment A, Schedule Al. 4.02 SUBCONSULTANT RELATIONSHIPS 4.02-1 All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the SEOPW CRA under this Agreement. 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the SEOPW CRA and the Subconsultants. The Consultant acknowledges that the Subconsultants are entirely under his direction, control, supervision, retention, and/or discharge. 4.03 CHANGES TO SUBCONSULTANTS The Consultant shall not add to, modify, or change the Subconsultants listed in Attachment A, Schedule Al without prior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed change. ARTICLE 5 DEFAULT 5.01 GENERAL If the Consultant fails to comply with any material term or condition of this Agreement or any other Agreement it has with the SEOPW CRA, or fails to perform any of its obligations hereunder, then the Consultant shall be in Default. Upon the occurrence of a default hereunder the SEOPW CRA, in addition to all remedies available to it by law, may immediately, upon written notice to the Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the SEOPW CRA to the Consultant while the Consultant was in default shall be immediately returned to the SEOPW CRA. The Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 8 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 214 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Consultant understands and agrees that termination of this Agreement under this section shall not release the Consultant from any obligation accruing prior to the effective date of termination. In the event of termination due to default, in addition to the foregoing, the Consultant shall be liable to the SEOPW CRA for all expenses incurred by the SEOPW CRA in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the SEOPW CRA in the re -procurement of the Services, including consequential and incidental damages. In the event of Default, the SEOPW CRA may also suspend or withhold reimbursements to the Consultant until such time as the actions giving rise to default have been cured. 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any one or more of the following: 5.02-1 The Consultant fails to obtain or maintain the professional engineering certification/ licensure, insurance or bonding herein required. 5.02-2 The Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement, or in any agreement it has with the SEOPW CRA, beyond the specified period allowed to cure such Default. 5.02-3 The Consultant fails to commence the Services within the time provided or contemplated herein or fails to complete the Work in a timely manner as required by this Agreement. 5.03 TIME TO CURE DEFAULT, FORCE MAJEURE. The SEOPW CRA, through the Director or designee, shall provide written notice to the Consultant as to a finding of Default, and the Consultant shall take all necessary action to cure said Default within the time stipulated in said notice, after which time, the SEOPW CRA may terminate the Agreement. The SEOPW CRA, at its sole and absolute discretion, may allow additional days to perform any required cure if the Consultant provides written justification deemed reasonably sufficient. If the Default has not been corrected by the Consultant within the time specified, the Agreement may be automatically terminated on the last day of the time stipulated in said notice, without the necessity of any further action by the SEOPW CRA. Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida law, then the SEOPW CRA may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 SEOPW CRA'S RIGHT TO TERMINATE The SEOPW CRA (specifically the Executive Director), has the right to terminate this Agreement for any reason or no reason, upon ten (10) business day's written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other data and/or documents, including all electronic (digital) copies related to Work authorized under this Agreement, whether finished or not, must be turned over to the Director or the Director's designee. The Consultant shall be paid in accordance with the provisions of Attachment B, provided that said documentation is turned over to the Director or the Director's designee within ten (10) business days of termination. Failure to timely deliver the documentation shall cause the withholding of any payments due without recourse by the Consultant until all documentation is delivered to the Director or designee. 6.01-1 The Consultant shall have no recourse or remedy from any termination made by the SEOPW CRA except to receive and retain the fees, and allowable costs or reimbursable expenses, earned as compensation for the Services that were performed in complete compliance with the Agreement, as full and final settlement of any claim, action, demand, cost, charge, or entitlement it may have, or will, have against the SEOPW CRA, its officials, or employees. The Consultant has voluntarily acknowledged the applicability of this Section by submitting a response to this solicitation. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, in writing, for cause following breach by the SEOPW CRA, if breach of contract has not been corrected within thirty (30) calendar days from the date of the SEOPW CRA receipt of a written statement from the Consultant specifying the SEOPW CRA breach of its duties under this Agreement. Consultant shall give the SEOPW CRA prior written notice in the manner provided herein specifying the SEOPW CRA breach and afford the SEOPW CRA sixty (60) calendar days to cure. Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 9 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 215 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the SEOPW CRA shall have the right to terminate the Agreement without liability and, at its discretion, to recover from the Consultant the full amount of any and all fees, commissions, percentages, gifts, or other consideration paid to undisclosed lobbyists or agents. ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS The Consultant shall assign all copyrights to any material and products or patents any invention developed under this Agreement upon Final Payment for the work performed under this Agreement. The SEOPW CRA shall have the right to visit Project sites for inspection of the work and the products of the Consultant at any time. The Consultant shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the SEOPW CRA use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure by the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) business days of cancellation, or within ten (10) business days of request by the SEOPW CRA, shall be just cause for the SEOPW CRA to withhold payment of any fees due the Consultant until the Consultant delivers all such documents. The Consultant shall have no recourse to these requirements. 7.03 RE -USE BY THE SEOPW CRA It is understood that all Consultant Agreements and/or Work Orders for new work will include provisions for the re -use of surveys, maps, plans, specifications, and other Consultant work products, at the SEOPW CRA's sole option, and, by virtue of signing this Agreement, the Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, or documents being required and without recourse for such re -use. SEOPW CRA agrees to pay Consultant $100,000.00 flat fee per location for any re -use of the work performed under this Agreement outside of the Project contemplated under this Agreement. SEOPW CRA shall give design credit to Consultant for all re -use as appropriate The Consultant will not be liable for re -use by the SEOPW CRA of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. 7.04 NON -DISCLOSURE To the extent allowed by law, the Consultant agrees not to divulge, furnish, or make available to any third person, firm or organization, without Director's or their designee's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course ofjudicial or legislative proceedings, or otherwise required by law, where such information has been properly subpoenaed, any non-public information concerning the Services to be rendered by the Consultant hereunder, and the Consultant shall require all of its employees, agents, and Subconsultants to comply with the provisions of this paragraph. 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The Consultant shall keep adequate records and supporting documentation, which concern or reflect its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119, as amended, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall be retained by the Consultant for a minimum of three (3) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The SEOPW CRA, or any duly authorized agents or representatives of the SEOPW CRA, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3) year period noted above, provided, however, such activity shall be conducted only during normal business hours. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the SEOPW CRA to perform the service; (2) upon request from the SEOPW CRA custodian of public records, provide the SEOPW CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except Landscape Architecture Services 10 RFQ No. 23-01 N.W. 9th Street Pedestrian Mall Improvements Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 216 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the SEOPW CRA; (4) upon completion of the contract, transfer, at no cost, to the SEOPW CRA all public records in possession of the contractor or keep and maintain public records required by the SEOPW CRA to perform the service. If the Contractor transfers all public records to the SEOPW CRA upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the SEOPW CRA, upon request from the SEOPW CRA custodian of public records, in a format that is compatible with the information technology systems of the SEOPW CRA. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT SEOPW CRA OFFICE, 819 N.W. 2ND AVENUE, 3RD FLOOR, MIAMI, FL 33136. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE SEOPW CRA DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 7.06 E-VERIFY Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Agreement and shall expressly require any Subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subconsultant during the Agreement term. ARTICLE 8 INDEMNIFICATION The Consultant shall indemnify, hold harmless the SEOPW CRA and the City of Miami, its officers, agents, directors, instrumentalities, agencies, and/or employees from all liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of services under this Contract. Consultant shall, further, hold the SEOPW CRA and the City of Miami, its officials and/or employees, harmless for, and defend the SEOPW CRA and the City of Miami, its officials and/or employees against, any civil actions, statutory, contractual, tort, strict liability, or other claims, actions, injuries, or damages arising or resulting from the work, unless it is alleged that the SEOPW CRA and the City of Miami, its officials and/or employees were negligent. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the SEOPW CRA and the City of Miami or its officers, employees, agents, and instrumentalities as herein provided. This indemnity, hold harmless shall survive the term of this Agreement, and shall also survive the cancellation or expiration of this Agreement. This indemnity shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Section 725.06 and/or Section 725.08, Florida Statutes, as applicable. If any portion of the Indemnity is invalidated by a court of competent jurisdiction to be invalid, unenforceable, or illegal, the unenforceable provision shall not affect the otherwise valid terms and provisions of this Section. The applicable terms and provisions shall be deemed modified and will be given effect to the extent necessary to render such provision(s) enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest extent possible the intent and agreements of the parties as are set forth in this Section. The Consultant shall require all Subconsultant agreements to include a provision that they shall indemnify the SEOPW CRA. The Consultant agrees and recognizes that the SEOPW CRA and the City of Miami shall not be held liable or responsible for any claims which may result from any actions or omissions of the Consultant in which the SEOPW CRA and the City of Miami participated, either through review or Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 11 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 217 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 concurrence of the Consultant's actions. In reviewing, approving, or rejecting any submissions by the Consultant or other acts of the Consultant, the SEOPW CRA and the City of Miami in no way assumes or shares any responsibility or liability of the Consultant or Subconsultant under this Agreement. The SEOPW CRA and the City of Miami constitute separate, distinct, and independent consideration for the Indemnification, knowingly acknowledged by the Consultant. ARTICLE 9 INSURANCE The Consultant shall not start Services under this Agreement until the Consultant has obtained and provided to the SEOPW CRA all insurance required hereunder and the SEOPW CRA Risk Management Administrator also known as the Director of the Risk Management Department, or their authorized designee, has approved such insurance. Should the Consultant not maintain the insurance coverage required in this Agreement, the SEOPW CRA may cancel this Agreement or, at its sole discretion, shall purchase such coverage and charge the Consultant for such coverage purchased. The SEOPW CRA shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the SEOPW CRA to purchase such insurance coverage shall in no way be construed as a waiver of its rights under this Agreement. 9.01 COMPANIES PROVIDING COVERAGE All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent and be rated at least A(X), in accordance with A.M. Best Company's Key Rating Guide, latest edition. 9.02 VERIFICATION OF INSURANCE COVERAGE The Consultant shall furnish certificates of insurance to the SEOPW CRA and the City's Risk Management Administrator for review and approval prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification required by these provisions, and shall be enclosed herein as Exhibit B Insurance. The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. The Consultant shall furnish copies of insurance policies pertaining to this Agreement to the SEOPW CRA within ten (10) business days of written request. The SEOPW CRA reserves the right to require a certified copy of such policies, upon written request to Consultant, as it relates to claims filed under such policies. 9.03 FORMS OF COVERAGE 9.03.1 Commercial General Liability and Automobile Liability: The Consultant shall maintain commercial general liability coverage written on a primary and non-contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. Waiver of Subrogation applies in favor of the certificate holder. The coverage shall be written on a primary and non-contributory basis with the SEOPW CRA and the City of Miami listed as an additional insured as reflected by endorsement CG 2010 11/85 or its equivalent. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03.2 Business Automobile: The Consultant shall provide business automobile liability coverage including coverage for all owned, hired, and non -owned autos with a minimal combined single limit of $1,000,000.00 naming the SEOPW CRA and the City of Miami as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03.3 Professional Liability Insurance: The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $2,000,000.00 per claim, $2,000,000.00 aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. This insurance Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 12 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 218 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 shall be maintained for at least one (1) year after completion of the construction and acceptance of any project covered by this Agreement. Coverage must reference the retroactive date. 9.03.4 Worker's Compensation Insurance: The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 each occurrence. 9.03.5 Subconsultant Compliance: The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 9.04 MODIFICATIONS TO COVERAGE The SEOPW CRA, the Risk Administrator or either of their authorized designee(s) reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market and may request additional consideration from the SEOPW CRA accompanied by justification. ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS; INSPECTION The SEOPW CRA reserves the right to audit the Consultant's accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies of any records necessary, in the opinion of the Director, to approve any requests for payment by the Consultant. The inspection and audit provisions provided for SEOPW CRA contracts set forth in Section 18-101 and Section 18-102 of the SEOPW CRA Code are applicable to this Agreement and are deemed as being incorporated by reference herein. 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the SEOPW CRA and the Consultant and supersedes all prior negotiations, representations, or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of a breach of any other provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Consultant without the written consent of the SEOPW CRA, acting by and through its Board of Commissioners of the SEOPW CRA. It is understood that a sale of the majority of the stock or partnership shares of the Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior SEOPW CRA approval. The Consultant's services are unique in nature and any assignment, sale transference without Board of Commissioners of the SEOPW CRA approval shall be cause for the SEOPW CRA to terminate this Agreement. The Consultant shall have no recourse from such termination. The SEOPW CRA may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/assumption Agreement in a form satisfactory to the SEOPW CRA Attorney as a condition precedent to considering approval of an assignment. The Consultant and the SEOPW CRA each binds one another, their partners, successors, legal representatives, and authorized assigns to the other party of this Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the Consultant shall certify that factual unit costs supporting the compensation are accurate, complete, and current at the time of NTP. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the SEOPW CRA determines the project price was increased due to inaccurate, incomplete, and other factual unit costs. All such price adjustments will be made within one (1) year following the end of the Project. Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 13 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 219 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of the Consultant's duties to indemnify the SEOPW CRA under Article 8, Indemnification, herein where the Consultant shall pay the SEOPW CRA's reasonable attorney's fees in the event the SEOPW CRA must maintain an action to enforce the duty to indemnify the SEOPW CRA. 10.06 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by electronic mail, and registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For SEOPW CRA: James McQueen Executive Director Office of the Executive Director, SEOPW CRA 819 N.W. 2nd Avenue, 3rd Floor Miami, Florida 33136 Email: JMcQueen@miamigov.com Phone: (305) 679-6800 Brian Zeltsman, RA Director of Architecture & Development SEOPW CRA 819 N.W. 2nd Avenue, 3rd Floor Miami, Florida 33136 Email: bzeltsman(,miamigov.com Phone: (305) 679-6827 Vincent T. Brown, Esq. Staff Counsel SEOPW CRA 819 N.W. 2nd Avenue, 3rd Floor Miami, Florida 33136 Email: VTBrownmiamigov.com Phone: (305) 679-6807 CONSULTANT Paul Peters Principal 3016 Filbert St. Studio 2 Oakland, CA 94608 Email: paul@u,hooddesignstudio.com Phone: (949) 491-5149 With Copies to: Walter J. Hood 3016 Filbert St. Studio 2 Oakland, CA 94608 Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 14 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 220 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.07 INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all the subsections of such Section, unless the reference is made to a subsection or subparagraph of such Section or Article. 10.08 JOINT PREPARATION Preparation of this Agreement has been a joint effort of the SEOPW CRA and the Consultant, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 10.09 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given effect. 10.10 MEDIATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the Consultant's Services under this contract, and/or following the completion of the projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant agrees to include such similar contract provisions in the agreements with all Subconsultants and/or independent contractors retained for the project(s), thereby providing for non -binding mediation as the primary mechanism for dispute resolution. Each party shall bear their own attorney's fees. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. 10.11 TIME Time is of the essence in this Agreement. Consultant shall promptly perform its duties under this Agreement and Work Orders pursuant hereto and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with this Agreement. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in this Agreement and/or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS The Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations, and resolutions including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this Agreement. 10.12.1 Non -Discrimination: The SEOPW CRA warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Consultant's performance under this Agreement on account of race, color, gender, gender identity, religion, age, handicap, marital status, national origin, or sexual orientation. The Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, color, gender, gender identity, religion, age, handicap, marital status, national origin, or sexual orientation, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 10.12.2 OSHA Compliance: The Consultant warrants that it will comply with all safety precautions as required by federal, state, and local laws, rules, regulations, and ordinances. The SEOPW CRA reserves the right to refuse the Consultant's access to SEOPW CRA property, including project jobsites, if the Consultant's employees are not properly equipped with safety gear in Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 15 RFC) No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 221 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 accordance with OSHA regulations or if a continuing pattern of non-compliance with safety regulations is exhibited by the Consultant. 10.12.3 ADA Compliance: The Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the SEOPW CRA, including Titles I and II of the ADA (regarding non- discrimination on the basis of disability) and all applicable regulations, guidelines, and standards. Additionally, the Consultant shall take affirmative steps to insure non-discrimination in employment of disabled persons. 10.13 NO PARTNERSHIP The Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise or affiliation between the parties. The Consultant has no authority to bind the SEOPW CRA to any promise, debt, default, contract liability, or undertaking of the Consultant. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the SEOPW CRA or decisions of the SEOPW CRA shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 10.15 RESOLUTION OF CONTRACT DISPUTES The Consultant understands and agrees that all disputes between it and the SEOPW CRA based upon an alleged violation of the terms of this Agreement by the SEOPW CRA shall be submitted for resolution in the following manner. The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the SEOPW CRA personnel identified in Article 10.06, Notices. Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their dispute in writing, with all supporting documentation, to the Director of Architecture & Development, as identified in Article 10.06, Notices. Upon receipt of said notification, the Director of Architecture & Development shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Director of Architecture & Development fail to resolve the dispute the Consultant shall submit their dispute in writing within five (5) calendar days to the SEOPW CRA, Executive Director. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of said notification, the SEOPW CRA, Executive Director shall review the issues relative to the dispute and issue a written finding. The Consultant must submit any further appeal in writing within five (5) calendar days to the Executive Director. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the SEOPW CRA, Executive Director for their resolution is required prior to the Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed Two Hundred Ninety -Five Thousand Dollars and Zero Cents ($295,000.00), the SEOPW CRA, Executive Director's decision shall be approved or disapproved by the Board of Commissioners of the SEOPW CRA. The Consultant shall not be entitled to seek judicial relief unless: (i) it has first received Executive Director's written decision, approved by Board of Commissioners of the SEOPW CRA if applicable; or (ii) a period of sixty (60) calendar days has expired after submitting to the Executive Director a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) calendar days has expired where the Executive Director's decision is subject to Board of Commissioners of the SEOPW CRA approval; or (iii) The SEOPW CRA has waived compliance with the procedure set forth in this section by written instrument(s) signed by the Executive Director. 10.16 INDEPENDENT CONTRACTOR The Consultant has been procured and is engaged to provide services to the SEOPW CRA as an independent contractor, and not as an agent or employee of the SEOPW CRA. Accordingly, the Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the SEOPW CRA, nor any rights generally afforded classified or unclassified employees. The Consultant further understands that Florida Workers' Compensation benefits available to employees of the SEOPW CRA are not available to the Consultant and agrees to provide workers' compensation insurance for any employee or agent of the Consultant rendering services to the SEOPW CRA under this Agreement. The Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 16 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 222 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT- EXHIBIT 1 SEOPW CRA is not a guarantor of any debt or obligation of the Consultant and the Consultant has no ability to bind the SEOPW CRA in this regard. 10.17 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and this Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) calendar days' notice. 10.18 THIRD PARTY BENEFICIARY The Consultant and the SEOPW CRA agree that it is not intended that any provision of this Agreement establishes a third -party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 ADDITIONAL TERMS AND CONDITIONS If a PSA or other Agreement was provided by the SEOPW CRA and included in this solicitation for the project(s), no additional terms, or conditions, which materially or substantially vary, modify, or alter the terms or conditions of this Agreement, in the sole opinion and reasonable discretion of the SEOPW CRA, will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or other Agreement. 10.20 SEVERABILITY If any term or provision of this Agreement, or combination of the same, is in violation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision, or combination of same shall be modified or reformed by the court to the minimum extent necessary to accomplish the intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This Subsection shall not apply if there is a material breach of this Agreement causing cancelation or cancellation for convenience. 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as the original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. END OF SECTION Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 17 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 223 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: Carmen Bordofsky Print Name, Title ATTEST: Consultant Secretary (Affirm Consultant Seal, if available) ATTEST: d B < nno ., . r. . 1. Jerkof the Board 'icii trt:t 7477 HOOD DESIGN STUDIO, INC., a Foreign Profit Corporation PAUL PETERS, PRINCIPAL Print Name, Title (Corporate Seal) HOOD DESIGN STUDIO, INC. UU 3016 Filbert Street, Ste. 2 Onkland, CA 94608 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes s McQueen ecutive Director APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: Ann Marie Sharpe Vincent T. Brown, Esq. Director of Risk Management Staff Counsel Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 18 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 224 EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.a IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: Carmen Bordofsky Print Name, Title ATTEST: Consultant Secretary (Affirm Consultant Seal, if available) ATTEST: To 8. Han. Olerk 4f;.the Board tfl�,JtttlNl:5Si115A5���L HOOD DESIGN STUDIO, INC., a Foreign Profit Corporation PAUL PETERS, PRINCIPAL Print Name, Title (Corporate Seal) HOOD DESIGN n j tON (� �J 301 hSTUDI©I Filber151reetNC, Ste. 2 Oakland, CA 94608 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes es McQueen Executive Director APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: Ann Marie Sharpe Vincent T. Brown, Esq. Director of Risk Management Staff Counsel Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 18 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 225 EXHIBIT„PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.a CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a corporation organized and existing under the laws of the State of , held on the ` day of , a resolution was duly passed and adopted authorizing (Name) as (Title) of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of , 20 Secretary: Print: CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the day of — , , a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. Partner: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Names and addresses of partners: Name Street Address City State Zip Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 19 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 226 EXHIBIT„PRO,FESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.a CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_ Signed: Print: NOTARIZATION STATE OF SS: COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 20 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 227 EXHIBIT„PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.a ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL The SEOPW CRA has procured a qualified and experienced landscape architectural firm to provide design services for Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements ("Project"), under the oversight of the DOAAD, and in accordance with all applicable laws, building and environmental regulations, including code requirements for the State of Florida, Miami -Dade County, and the SEOPW CRA, as well as the Scope of Services contained in this RFQ. The Contractor and its Subconsultants must be able to perform every element and task included in, but not limited to, those outlined in Section A1.01, "Scope of Services," The Consultant has been selected in accordance with Section 287.055 of the Florida Statutes, CCNA, as amended. A1.01 SCOPE OF SERVICES The Consultant shall provide concept design services, as later described, for the following scope items: 1. Hardscape and softscape layout; 2. Pedestrian pavements; 3. Landscape walls, steps, railings and related site structural elements not a part of the building; 4. Fences, decks and seating; 5. Site furniture including planter pots, trash receptacles and drinking fountains; 6. Selection, and location of offsite lighting. (Site lighting circuitry is not included in contract); 7. Planting and soils; and 8. Participation in selection of site sculpture. Deliverables: • Conceptual diagram(s) and sketch(es). • One (1) overall illustrative site plan. • Site sections and/or site elevations; anticipated up to three (3). • Up to five (5) conceptual renderings. • Walk-thru animation (approx. 1 minute in length). • Concept level cost estimate. • PDF, including brief narrative of the landscape concept. Exclusions to Scope of Services The Client shall provide the following information or services as required for performance of the work. Consultant assumes no responsibility for the accuracy of such information or services and shall not be liable for error or omissions therein. Should Consultant be required to provide services in obtaining or Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 21 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 228 EXHIBIT„I'R�FESSIONAL SERVICES AGREEMENT- EXHIBIT 1 2.4.a coordinating compilation of this information, such services shall be charged as Additional Services: • Topography and boundary surveys. • Legal descriptions of property. • Soils testing and/or engineering. • Existing site engineering and utility base information. • Overhead aerial photographs at scale. • Engineering other than that provided within the Scope of Work. • Complete horticultural analysis, arborist report or recommendation of existing site vegetation. • Fountain design including mechanical, electrical, structural and plumbing. • Engineering. • Wayfinding and site signage. • Irrigation. A1.02 WORK ORDERS When DOAAD has determined that the Project is to proceed, the Director or authorized designee will request in writing a Work Order Proposal from the Consult -based on the proposed Scope of Services provided to the Consultant in writing by the Director or designee. The Consultant and Director or designee, and others, if appropriate, may have preliminary meetings, if warranted, to further define the Scope of Services and to resolve any questions. The Consultant shall then prepare a Work Order Proposal following the format provided by the SEOPW CRA, indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Subconsultants, and deliverable items and/or documents. The Director or designee may accept the Work Order Proposal as submitted, reject the Work Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work Order Proposal, department staff will prepare a Work Order that will be reviewed by the Director or designee. Upon approval, department staff will issue a written Notice to Proceed (NTP) subsequent to approval of the Work Order by the Director or designee. A1.03 PAYMENTS Invoices shall be billed monthly based on percentage of work performed. In the event invoices exceed sixty (60) days past due the Consultant shall suspend services. ARTICLE A2 OVERVIEW OF PROJECT SERVICES A2.01 TIME FRAMES FOR COMPLETION The following time frames are sequential from the date of the NTP. A concurrent project timeline is attached as Schedule A5. Concept Design Timeline: 5 months Consultant Team will attend an in -person kick-off meeting with the client to tour the site and set project objectives and goals, review milestones for project schedule. During the concept design phase, the Consultant will create a set of ideas for the 9th Street Pedestrian Mall in order to envision a central civic space for Overtown, that embodies the neighborhood identity and envisions a beautiful future. During the design phase the Consultant team will: Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 22 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 229 EXHIBIT„PR�'FESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.a • Host bi-weekly web -based design meetings with the client to provide design updates. • Includes two (2) in person site visit for up to (3) three Hood team for 2 nights in Miami including all associated travel costs. • Includes one (1) presentation and submission for feedback at 50% Concept Design. • Includes one (1) presentation and submission for costing at 100% Concept Design. Schedule: • Kickoff Meeting & Site Visit (Week 1) o Site visit to Miami to meet the client, tour the site, and create an initial set of conversations around the goals and objectives of the project. o Meet with key stakeholders as identified by the client. o Potential for curated site walk including stakeholders. • Research & Initial Ideation (Weeks 2-10) o Develop a set of initial ideas with bi-weekly check -ins with the client and/or key stakeholders. o Communicate concept design using sketches, diagrams, 3D model views, plans and sections. • 50% Concept Design Presentation (Week 11) o Web -based presentation of draft concept design to client. o Based on presentation, client provides feedback for further design iteration. • Feedback & Response (Weeks 12-15) o Revise design based on client feedback from Draft Concept Presentation. o Prepare final renderings and drawings. o Consolidate design documents into a single PDF package. • Final Concept Presentation (Week 16) o Web -based final presentation to client and stakeholders. • Costing (Week 17-19) o Three week costing period to provide project construction cost conducted by third- party Forella Group. • Next Steps (Week 20) o Final concept phase presentation to review construction cost and determine the project's next steps. ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 23 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 230 EXHIBIT„PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.a Services categorized below as "Additional Services" may be specified and authorized by SEOPW CRA and are normally considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or Executive Director and will be compensated for as provided in Attachment B, Article B3.05, Fees for Additional Services. A3.02 EXAMPLES Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to the following: A3.02-1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by the SEOPW CRA. A3.02-2 Specialty Design: Any additional special professional services not included in the Scope of Work. A3.02-3 Pre -Design Surveys & Testing: Environmental investigations, site evaluations, or comparative studies of prospective sites. Surveys of the existing structure required to complete as -built documentation are not additional services. A3.02-4 Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the initial start-up, testing, adjusting and balancing of any equipment or system; extended training of SEOPW CRA's personnel in operation and maintenance of equipment and systems, and consultation during such training; and preparation of operating and maintenance manuals, other than those provided by the Contractor, sub -contractor, or equipment manufacturer. A3.02-5 Major Revisions: Making major revisions to drawings and specifications resulting in or from a change in Scope of Work, when such revisions are inconsistent with written approvals or Instructions previously given by the SEOPW CRA and are due to causes beyond the control of Consultant (Major revisions are defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any significant portion thereof). A3.02-6 Expert Witness: Preparing to serve or serving as an expert witness in connection with any mediation, arbitration or legal proceeding, providing, however, that Consultant cannot testify against the SEOPW CRA in any proceeding during the course of this Agreement. A3.02-7 Miscellaneous: Any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural/engineering practice related to construction. A3.02-8 Value Engineering: Any changes to the design based on the project budget and/or cost estimate. A3.03 ADDITIONAL DESIGN The SEOPW CRA may, at its option, elect to proceed with additional services relating to the Project. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and items authorized by the SEOPW CRA in addition to the Basic and Additional Services and consist of actual, direct expenditures made by the Consultant and the Subconsultant for the purposes listed below. A4.01-1 Communications Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier, and express mail between the Consultant's various permanent offices and Subconsultants. The Consultant's field office at the Project site is not considered a permanent office. Cell phones will not be considered as reimbursable expenses under this agreement. A4.01-2 Reproduction, Photography: Cost of printing, reproduction, or photography, beyond that which is required by or of the Consultant's part of the work, set forth in this Agreement. Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 24 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 231 EXHIBIT„PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.a A4.01-3 Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by the Project Manager. A4.01-4 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the Consultant. A4.01-5 Surveys: Site surveys and special purpose surveys when pre -authorized by the Project Manager. A4.01-6 Other: Items not indicated in Article A4, Reimbursable Expenses, when authorized by the Project Manager. A4.02 SUBCONSULTANT REIMBURSEMENTS Reimbursable Subconsultant expenses are limited to the items described above when the Subconsultant's agreement provides for reimbursable expenses and when such agreement has been previously approved, in writing, by the Director and subject to all budgetary limitations of the SEOPW CRA and requirements of this Agreement. ARTICLE A5 SEOPW CRA RESPONSIBILITIES A5.01 PROJECT AND SITE INFORMATION The SEOPW CRA, at its expense and insofar as performance under this Agreement may require, may furnish Consultant with the information described below, or, if not readily available, may authorize Consultant to provide such information as an Additional Service, eligible as a Reimbursable Expense. A5.01-1 Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries, and topographic -data of a building -site; -and -existing - utilities information regarding sewer, water, gas, telephone and/or electrical services. A5.01-2 Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and recommendations. Consultant shall recommend necessary tests to the SEOPW CRA. A5.01-3 General Project Information: Information regarding Project Budget, City and State procedures, guidelines, forms, formats, and assistance required establishing a program. A5.01-4 Existing Drawings: Drawings representing as -built conditions at the time of original construction, subject to as -built availability. However, such drawings, if provided, are not warranted to represent conditions as of the date of receipt. Consultant must still perform field investigations as necessary to obtain sufficient information to perform its services. Investigative services in excess of "Normal Requirements," as defined, must be authorized in advance. A5.01-5 Reliability: The services, information, surveys, and reports shall be furnished at SEOPW CRA's expense, and Consultant shall be entitled to rely upon the accuracy and completeness thereof, provided Consultant has reviewed all such information to determine if additional information and/or testing is required to properly design the Project. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Landscape Architecture Services N.W. 9th Street Pedestrian Mali Improvements 25 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 232 EXHIBIT„Pf�FESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.a Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 26 RFQ No, 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Packet Pg. 233 EXHIBIT„PRD'FESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.a ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD SCHEDULE A2 - KEY STAFF JOB CLASSIFICATION Creative Director + Founder Principal Project Manager NAME Walter Hood Paul Peters Ann Salerno Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 27 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 234 EXHIBIT„PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.a ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 METHOD OF COMPENSATION The fees for Professional Services for each Work Order shall be determined by one of the following methods or a combination thereof, at the option of the Director or designee, with the consent of the Consultant. a) A Lump Sum as defined in Article B2.01, Lump Sum. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified in Article 2.05-1 Compensation Limits, as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by the Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the Executive Director or Board of Commissioners of the SEOPW CRA as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at the Consultant's own cost and expense. ARTICLE B2 COMPUTATION OF FEES AND COMPENSATION The City agrees -to -pay -the -Consultant, -and -the -Consultant agrees-to-accept-for-ser-vices-rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as applicable, in the following manner: B2.01 LUMP SUM Compensation for a Scope of Work can be a Lump Sum and must be mutually agreed upon in writing by the SEOPW CRA and the Consultant and stated in a Work Order. Lump Sum compensation is the preferred method of compensation. B2.01-1 Lump Sum: Shall be the total amount of compensation where all aspects of Work are clearly defined, quantified and calculated. B2.01-2 Modifications to Lump Sum: If the City authorizes a substantial or material change in the Scope of Services, the Lump Sum compensation for that portion of the Services may be equitably and proportionately adjusted by mutual consent of the Director or designee and Consultant, subject to such additional approvals as may be required by legislation or ordinance. B2.01-3 Lump Sum Compensation: Compensation shall be calculated by Consultant,. Prior to issuing a Work Order, the SEOPW CRA may require Consultant, to verify or justify its requested Lump Sum compensation. Such verification shall present sufficient information as depicted in Attachment A, Schedule A2 - Key Staff. B2.02 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. The SEOPW CRA will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. B2.03 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 28 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 235 EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.a The design of additive and deductive alternates contemplated as part of the original Scope for a Project as authorized by the Director will be considered as part of Basic Services, The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the Consultant. B2.04 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Article A8 and B2.02 respectively, may be applicable. B3.05-1 Determination of Fee: The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum or Hourly Rate with a Not to Exceed Limit. B3.05-2 Procedure and Compliance: An independent and detailed Notice to Proceed (NTP), and an Amendment to a specific Work Order, shall be required to be issued and signed by the Director for each additional service requested by the City. The NTP will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall comply with the SEOPW CRA regulations, including the Purchasing Ordinance, the Consultants' Competitive Negotiation Act, and other applicable laws. B3.05-3 Fee Limitations: Any authorized compensation for Additional Services, either professional fees or reimbursable expenses, shall not include additional charges for office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. For all reimbursable services and Subconsultant costs, the Consultant will -apply the -multiplier -of- one -(1.0)- time -the -amount -expended by the Consultant. B2.05 PAYMENT EXCLUSIONS The Consultant shall not be compensated by the City for revisions and/or modifications to drawings and specifications, for extended construction administration, or for other work when such work is due to errors or omissions of the Consultant as determined by the City. B2.06 FEES RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiation. ARTICLE B3 PAYMENTS TO THE CONSULTANT B3.01 PAYMENTS GENERALLY Payments for Basic Services may be requested monthly in proportion to services performed during each Phase of the Work. The Subconsultant fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by the Consultant. The Consultant shall utilize the City's Invoice Form, which can be found at the end of this document. Failure to submit an invoice(s) within sixty (60) calendar days following the provision of Services contained in such invoice may be cause for a finding of default. Failure to use the City Form will result in rejection of the invoice. B3.02 FOR COMPREHENSIVE BASIC SERVICES For those Projects and Work Orders where comprehensive design services are stipulated, said payments shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each Phase. B3.03 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 29 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 236 EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.a Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to or costs incurred by the Subconsultants engaged on the project or task. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B3.04 DEDUCTIONS No deductions shall be made from the Consultant's compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors. ARTICLE B4 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B4.01 GENERAL It is understood that all Consultant agreements and/or Work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. B4.02 REIMBURSEMENTS TO THE SUBCONSULTANTS Reimbursable Subconsultant's expenses are limited to the items described above when the Subconsultant agreement provides for reimbursable expenses and when such agreement has been previously approved in writing by the Director and subject to all budgetary limitations of the City and requirements of Article 85, Reimbursable Expenses, herein. ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B5.01 GENERAL It is understood that all Consultant agreements and/or Work Orders for new work will include the provision of r the re -use of plans and specifications, including construction drawings, at -the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 30 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 237 EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.a ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B1 - WAGE RATE SUMMARY Invoices shall be billed monthly based on the percentage of work performed. In the event invoices exceed sixty (60) days past due Consultant shall suspend services. Fees Services described above shall be provided for the fixed sum of two hundred and ninety-five thousand dollars ($295,000.00). Payment Schedule Invoices shall be billed monthly based on the percentage of work performed. An initial payment of $40,000 is required in order for design work to commence. The initial payment is included in the overall design fee above. Reimbursable Expense Reimbursable expenses for travel and materials are included in the design fee. Additional Services Special requests by the Client, additional meetings or review procedures that would involve additional services will immediately be brought to the attention of the Client. A written proposal will then be submitted for approval prior to proceeding. Other additional services may include: • Presentations and products other than those specifically agreed -upon in the final contract. • Detailed models and special illustrations/renderings produced by outside consultants or vendors will be an additional service, authorized in writing by the Client. • Substantial changes to any part of the project, which had been previously approved by the Client. • Schedule delays or interruptions. Fees for additional services shall be calculated based on Hood Design Studio's standard hourly rates as follows: 2024 Walter Hood $425 Partner $315 Principal $300 Associate / PM $225 Designer $175 Admin $105 Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 31 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 238 EXHIBIT "A" 2.4.a PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 SCHEDULE B2 - CONSULTANT INVOICE INVOICE Bill To: Company Name Address DATE: City, State Zip Code INVOICE # Bill From: Company Name Employee name (First and Last), employee title Employee email address Address City, State Zip Code DESCRIPTION AMOUNT $ Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements TOTAL DUE $ 32 RFQ No. 23-01 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 239 EXHIBIT "A" 2.4.a Exhibit "A" Consultant Work Order Proposal Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 240 2.4.a ' 77 i : irst ' men • ment to t e ' ro essiona ervices ' • reement wit ' ix). I es i 0 n tu • w 0 rffirmairm Packet Pg. 241 EXHIBIT "A" 2.4.a Hood Design Studio 3016 FilbertStreet Studio 2 Oakland CA 94608 USA www.hooddesignstudio.com Fee Proposal December 15, 2023 Southeast Overtown / Park West Community Redevelopment Agency 819 NW 2nd Avenue, 3rd Floor Miami FL 33136 305-679-6800 Attn: Brian Zeltsman Re: Overtown 9th Street Pedestrian Mall Landscape Architectural Design Services Miami, Florida Dear Brian, We are pleased to submiftffbRWing proposal for professionarlandcape architectural services for the Overtown Streetscape project in Miami, Florida, Throughout the design process, the Hood Team will collaborate closely with the Client and the Design Team. As applicable and as directed by the Client, the Hood team will also liaise with other stakeholders and consultants for the benefit of the project. Hood Design Studio will be solely responsible for the design scope of work in the proposal and no other design or engineering consultants are provided at this time. We have included Forella Group as a consultant in this scope of work in order to provide a conceptual level cost estimate at the end of the design phase in order to provide a budget for moving forward with design and establishing next steps at the end of the concept design phase. Project Description The project site located in the Overtown neighborhood of Miami, Florida. The scope of work (shown below) includes the existing 9t Street Pedestrian Mall, the outdoor spaces of the Black Archives / Lyric Theater and 9th Street west to the I-95. Included in this scope will be connecting the public space to its context including development to the north and south, as well as the train station and development along 1st Ave. Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Packet Pg. 242 EXHIBIT "A" 2.4.a 4rMn5c5- Ku Oa,T ik al r , I I A foGl S Roc)! Exhibit A — Scope of Work Fee Proposal A. Scope of Work Hood Design Studio shall provide concept_cLesignseLvices, as later daacriberi, for_the_following scope items: 1. Hardscape and softscape layout. 2. Pedestrian pavements. 3. Landscape walls, steps, railings and related site structural elements not a part of the building. 4. Fences, decks and seating. 5. Site furniture including planter pots, trash receptacles, and drinking fountains. 6. Selection, location and mounting details of fixtures for site lighting. (Site lighting circuitry is not included in contract). 7. Planting and soils. 8. Participation in selection of site sculpture. B. Procedure HOOD Concept Design Timeline: 5 months Hood Team will attend an in person kick-off meeting with the client to tour the site and set project objectives and goals, review milestones for project schedule. During the concept design phase the Hood team will create a set of ideas for the 9th Street Pedestrian Mall in order to 2 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 243 EXHIBIT "A" 2.4.a Fee Proposal envision a central civic space for Overtown, that embodies the neighborhood identity and envisions a beautiful future. During the design phase the Hood team will: a. Host bi-weekly web -based design meetings with the client to provide design updates. b. Includes two (2) in person site visit for up to (3) three Hood team for 2 nights in Miami including all associated travel costs. c. Includes one (1) presentation and submission for feedback at 50% Concept Design. d. Includes one (1) presentation and submission for costing at 100% Concept Design. Schedule: 1. Kickoff Meeting & Site Visit (Week 1) Site visit to Miami to meet the client, tour the site, and create an initial set of conversations around the goals and objectives of the project. Meet with key stakeholders as identified by the client. Potential for curated site walk including stakeholders. 2. Research & Initial Ideation (Weeks 2-10) HOOD Develop a set of initial ideas with bi-weekly check ins with the client and/or key stakeholders. - Communicate concept design using sketches, diagrams, 3D model views, plans and sections. 3. 50% Concept Design Presentation (Week 11) - Web -based presentation of draft concept design to client. - Based on presentation, client provides feedback for further design iteration. 4. Feedback & Response (Weeks 12-15) Revise design based on client feedback from Draft Concept Presentation. Prepare final renderings and drawings. Consolidate design documents into a single PDF package. 5. Final Concept Presentation (Week 16) - Web -based final presentation to client and stakeholders. 6. Costing (Week 17-19) Three week costing period to provide project construction cost conducted by third - party Forella Group. 7. Next Steps (Week 20) Final concept phase presentation to review construction cost and determine the project's next steps. 3 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 244 EXHIBIT "A" 2.4.a Fee Proposal Deliverables: • Conceptual diagram(s) and sketch(es). • One (1) overall illustrative site plan. • Site sections and/or site elevations; anticipated up to three (3). • Up to five (5) conceptual renderings. • Walk-thru animation (approx. 1 minute in length). • Concept level cost estimate. • PDF, including brief narrative of the landscape concept. C. Assumptions a. All base information, including detailed survey (of surface and subsurface infrastructure elements), proposed building drawings, and CAD backgrounds with site context will be provided by the Client in AutoCAD 2023 compatible format. b. Complete topographic, aerial photography, utility and boundary survey information will be provided to Consultant by the Client. c. Complete horticultural analysis and recommendation of existing site vegetation will be provided to Consultant by the Client. d_AiLrequired-changes-to drawings as -a -result of inaoour-ate-base-information beyond Consultant's control or previously approved budgets, will be additional services. e. Fees for sub -consultants are not included (Except for Costing). Additional consultants for the project, if necessary will be recommended by the Consultant for approval by the Client. No specific proposals from additional sub -consultants have been identified at this time. D. Exclusions to Scope of Services The Client shall provide the following information or services as required for performance of the work. Consultant assumes no responsibility for the accuracy of such information or services and shall not be liable for error or omissions therein. Should Consultant be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as Additional Services. 1. Topography and boundary surveys. 2. Legal descriptions of property. 3. Soils testing and/or engineering. 4. Existing site engineering and utility base information. 5. Overhead aerial photographs at scale. 6. Engineering other than that provided within the Scope of Work. 7. Complete horticultural analysis, arborist report or recommendation of existing site vegetation. 8. Fountain design including mechanical, electrical, structural and plumbing. 9. Lighting design and lighting electrical. HOOD Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 245 EXHIBIT "A" 2.4.a 10, Wayfinding and site signage. 11. Irrigation Fee Proposal E. Fees Services described above shall be provided for the fixed sum of two hundred and ninety five thousand dollars ($295,000), in accordance with the terms and conditions in Appendix A. F. Payment Schedule Invoices shall be billed monthly based on percentage of work performed. In the event invoices exceed sixty (60) days past due Hood Design Studio shall suspend services in accordance with Appendix B. APPENDIX A Reimbursable Expense Reimbursable expenses for travel and materials are included in the design fee. Additional Services Special requests by the Client, additional meetings or review procedures that would involve additional services will immediately be brought to the attention of the Client. A written proposal will then be submitted for approval prior to proceeding. Other additional services may include: • Presentations and products other than those specifically agreed -upon in the final contract. • Detailed models and special illustrations/renderings produced by outside consultants or vendors will be an additional service, authorized in writing by the Client. • Substantial changes to any part of the project, which had been previously approved by the Client. • Schedule delays or interruptions. Fees for additional services shall be calculated based on Hood Design Studio's standard hourly rates as follows: 2023 2024 2025 Walter Hood $450 $465 $480 Partner $300 $315 $325 Principal $275 $290 $285 Associate / PM $175 $185 $195 Designer $140 $150 $160 Admin $100 $105 $110 H000 5 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 246 EXHIBIT "A" 2.4.a APPENDIX B Fee Proposal Consultancy's Agreement I. CONSULTANT'S PROFESSIONAL SERVICES AND RESPONSIBILITIES 1, Consultant's scope of professional services to the Client shall consist of Landscape Design and Concept Master Planning Consulting Services as described in this Proposal. 2. Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Consultant shall submit for the Client's approval a schedule for the performance of Consultant's services which shall initially be consistent with the time periods established by the Client at the beginning of the Project and which shall be adjusted as necessary as the Project proceeds. This schedule shall include allowances for periods of time required for the Client's review and for the performance of the Client's consultants. Approval of submissions by local public authorities having jurisdiction over the Project are anticipated at this phase. The Client shall not unreasonably withhold consent to Consultant's requested adjustments nor shall Consultant be held liable for any delays to the schedule that occurred for reasons outside of Consultant's control. Consultant shall be entitled to rely on the accuracy and completeness of services and information furnished by the Client. Consultant -shall -provide -prompt -written notice -to -the -Client -if Consultant becomes aware of any errors, omissions or inconsistencies in such services or information. 3. Consultant shall be entitled to rely on the accuracy and completeness of services and information furnished by the Client. Consultant shall provide prompt written notice to the Client if Consultant becomes aware of any errors, omissions or inconsistencies in such services or information. 4. Consultant will use the site survey to be provided by the Client. Consultant suggests the Client to procure an up-to-date survey prior to beginning design development phase. II. RESPONSIBILITIES OF THE CLIENT 1. The Client shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Client shall provide to Consultant, information necessary and relevant for Consultant to evaluate and act upon, including site survey and existing architectural drawings. Client acknowledges and agrees that Consultant cannot begin providing services until this information is received. 2. The Client shall furnish tests, inspections and reports if required by law or existing conditions or the scope of work, such as structural, chemical, or geological tests, tests for air, water or soil pollution, recycled water, or hazardous materials. Soils and recycled water test are anticipated as a necessary early evaluation component of the project. 3. The Client shall provide prompt written notice to Consultant if the Client becomes aware of any fault or defect in the Project, including any errors, omissions, or inconsistencies in Consultant's drawings, correspondence or documents. HOOD 6 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 247 EXHIBIT "A" 2.4.a Fee Proposal III. SUSPENSION 1. If the Client fails to make payments to Consultant in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at Consultant's option, cause for suspension of performance of services. If Consultant elects to suspend services, Consultant shall give seven days written notice to the Client, prior to suspension of services. In the event of a suspension of services, Consultant shall have no liability to the Client for delay or damage caused the Client because of such suspension of services. If the Project has been suspended for less than 30 consecutive days due to non-payment and Client desires Consultant resume services, Consultant shall be compensated for expenses incurred in the interruption and resumption of Consultant's services, including a restart fee of $5,000. 2. If the Project is suspended for more than 30 consecutive days due to non-payment, Consultant shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, Consultant shall be compensated for expenses incurred in the interruption and resumption of Consultant's services, including a restart fee of $25,000. III. TERMINATION 1. Should one party fail to substantially perform the terms of this Agreement, the conforming party, without prejudice to any other remedy available and after giving the other party seven days' notice, may terminate this Agreement for cause. When the Client terminates this Agreement for cause, the Consultant shall be entitled to receive further payment for services completed. If the Client exercises its right to terminate this Agreement for convenience without cause prior to the commencement of the Services, the Consultant shall be entitled to receive its actual reasonable and documented out-of-pocket expenses incurred through the date of such termination for services performed plus 20% of the cost of the services performed for overhead and profit, less any payments made to the Consultant prior to termination. If the Client exercises its right to terminate this Agreement for convenience without cause following the commencement of the services, the Client shall pay the Consultant for services executed; costs incurred by reason of such termination, including costs attributable to termination of subcontracts; and a termination fee, if any, equal to the reasonable profit and overhead that the Consultant would have received had the Client not terminated this Agreement, which shall be calculated as 20% of the Contract Price, less any payments already received at or prior to the time of termination. IV. REPRODUCTION AND INFORMATION 1. The Client shall furnish at his expense to Consultant all technical memoranda and any other information required for Consultant's services, HOOD 7 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 248 EXHIBIT "A" 2.4.a Fee Proposal 2. Consultant shall furnish information and progress reproductions of its work at the request of the Client. Methods of presentation shall include digital PowerPoint or PDF presentations in 11x17 or letter format. 3. Final reproductions and documents furnished to other Consultants selected by the Client shall be paid for by the Client. V. ASSIGNMENT AND DELEGATION Consultant shall not assign any rights or delegate their duties under this Agreement without the written consent of the Client. The Client and Consultant bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. VI. MISCELLANEOUS PROVISIONS 1. This Agreement shall be governed by the law of the place of the Project. 2. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by mediation and arbitration. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. The parties to this Agreement shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Claims not resolved by mediation shall be decided by arbitration. All claims for mediation or arbitration shall be filed in accordance with the Rules of the American Arbitration Association. For claims of less than $75,000, American Arbitration Association fast truck rules will be employed. II. COPYRIGHT CLAUSE FOR NON-PAYMENT 1. All works, including but not limited to drawings, plans, designs, and digital materials ("Works"), created by the Consultant, remain the copyright of the Consultant until full payment has been received for the agreed -upon services. 2. Until full payment has been received by the Consultant, the Client shall not have the right to reproduce, distribute, publicly display, create derivative works, or construct from the Works without the express written permission of the Consultant. 3. This license does not include the right to create three-dimensional works or to reproduce the Works for merchandising purposes. Any rights to reproduce the work three- dimensionally or to merchandise the Works must be established pursuant to a separate agreement with the Consultant. HOOD 8 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 249 EXHIBIT "A" 2.4.a Fee Proposal 4. If the Client fails to complete the payment for the agreed -upon services within the specified time period, the Consultant retains the right to terminate this agreement and retain any payments made until that point as compensation for the time and resources expended on the Works. 5. The Client acknowledges and agrees that in case of non-payment, the Consultant may pursue any legal or equitable remedies for enforcement of these rights. III. NON -WARRANTY Consultant will prepare findings and technical memoranda or drawings and documents in accordance with generally accepted professional practices for the intended use of the project and Consultant makes no warranty either express or implied. VIII. OWNERSHIP OF DOCUMENTS 1. Drawings, specifications, and other documents, including those in electronic form, prepared by Consultant are Instruments of Service for use solely with respect to this Project. Consultant shall be deemed the author and owner of their Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 2. Upon execution of this Agreement, Consultant grants to the Client a nonexclusive license to reproduce Consultant's drawings and other graphic exhibits for purposes of fundraising, promotion, and grant application, provided that the Client complies with all obligations, including prompt payment of all sums when due, under this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Client shall refrain from making further reproductions of Instruments of Service and shall return to Consultant within seven days of termination all originals and reproductions in the Client's possession or control. 3. Consultant shall have the right to include photographic or artistic representations of the design of the project among Consultant's promotional and professional materials. The Client shall provide professional credit for the Consultant in the Client's promotional materials for the Project. IX. SCOPE OF AGREEMENT This Agreement and the Fee Proposal constitute the entire Agreement between the parties and there are no conditions, agreements or representations between the parties except as expressed herein. It is not the intent of the parties to the Agreement to form a partnership or joint venture. Date: 8/21 /2024 HOOD 9 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 250 EXHIBIT "A" 2.4.a Fee Proposal IN WITNESS WHEREOF, the parties hereto have executed this Agreernent the day and year first above written. "CLIENT" (Company) a By: Name: Title: "CONSULTANT" HOOD DESIGN STUDIO, INC, a California S Corporation By: Name: Paul Peters Title: Principal HOOD 10 Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 251 EXHIBIT "A" 2.4.a ueines Holde. Wildes Fee Proposal SEPTEX 1 EMBER 30 ut k�a displayed gat placa k'to Cad'4 Y` (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, :c w 0 M ti ti d d E v c1 1 HOOD Packet Pg. 252 �) tf`C9%. �'l�u;1 t9' $'Y''tt',sFjirii4� ,fyj HOOD D IG STIJ6tO 3016 FILBERT.ST. STUDIO, OAKLAND, CA 94608 510-595-0688 I hooddesignstudio.com i3 EXHIBIT "A" 2.4.a Exhibit "B" Insurance Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 2547 EXHIBIT "A" 2.4.a Insurance The Consultant shall furnish certificates of insurance to the SEOPW CRA and the City's Risk Management Administrator for review and approval prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification required by these provisions, and shall be enclosed herein as Exhibit B Insurance. The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. The Consultant shall furnish copies of insurance policies pertaining to this Agreement to the SEOPW CRA within ten (10) business days of written request. The SEOPW CRA reserves the right to require a certified copy of such policies, upon written request to Consultant, as it relates to claims filed under such policies. FORMS OF COVERAGE • Commercial General Liability and Automobile Liability: The Consultant shall maintain commercial general liability coverage written on a primary and non-contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. Waiver of Subrogation applies in favor of the certificate holder. The coverage shall be written on a primary and non-contributory basis with the SEOPW CRA and the City of Miami listed as an additional insured as reflected by endorsement CG 2010 11/85 or its equivalent. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. • Business Automobile: The Consultant shall provide business automobile liability coverage including -coverage -for -all -owned, hired,,, and non owned autos with a minimal combined single limit of $1,000,000.00 naming the SEOPW CRA and the City of Miami as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. • Professional Liability Insurance: The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $2,000,000.00 per claim, $2,000,000.00 aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. This insurance shall be maintained for at least one (1) year after completion of the construction and acceptance of any project covered by this Agreement. Coverage must reference the retroactive date. • Worker's Compensation Insurance: The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 each occurrence. • Subconsultant Compliance: The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. MODIFICATIONS TO COVERAGE The SEOPW CRA, the Risk Administrator or either of their authorized designee(s) reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market and may request additional consideration from the SEOPW CRA accompanied by justification. Attachment: File # 17730 - Exhibit A (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 255 EXHIBIT "B" 2.4.b SEOPW CRA FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Service Category Landscape Architecture Services N.W.9th Street Pedestrain Mall Improvements Contract Type Project Specific Consultant Hood Design Studio, Inc. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 5-6 ARTICLE 2 GENERAL CONDITIONS 7 2.01 TERM 7 2.02 SCOPE OF SERVICES 7 2.03 COMPENSATION ARTICLE 3 PERFORMANCE 7-8 3.01 PERFORMANCE AND DELEGATION 7 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 7 3.03 CONSULTANT KEY STAFF 7 3.04 TIME FOR PERFORMANCE 8 3.05 STANDARD OF CARE 8 ARTICLE 4 SUBCONSULTANTS 8 4.01 GENERAL 8 4.02 SUBCONSULTANT RELATIONSHIPS 8 4.03 CHANGES TO SUBCONSULTANTS 8 ARTICLE 5 DEFAULT 8-9 5.01 GENERAL 9 5.02 CONDITIONS OF DEFAULT 9 5.03 TIME TO CURE DEFAULT, FORCE MAJEURE. 9 ARTICLE 6 TERMINATION OF AGREEMENT 9-10 6.01 SEOPW CRA'S RIGHT TO TERMINATE 9 6.02 CONSULTANT'S RIGHT TO TERMINATE 9 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 10 ARTICLE 7 DOCUMENTS AND RECORDS 10 7.01 OWNERSHIP OF DOCUMENTS 10 7.02 DELIVERY UPON REQUEST OR CANCELLATION 10 7.03 RE -USE BY SEOPW CRA 10 7.04 NON -DISCLOSURE 10 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 10-11 7.06 E-VERIFY 11 ARTICLE 8 INDEMNIFICATION 11-12 ARTICLE 9 INSURANCE 12 9.01 COMPANIES PROVIDING COVERAGE 12 9.02 VERIFICATION OF INSURANCE COVERAGE 12 9.03 FORMS OF COVERAGE 12-13 9.04 MODIFICATIONS TO COVERAGE 12-13 ARTICLE 10 MISCELLANEOUS 13 10.01 AUDIT RIGHTS; INSPECTION 13 10.02 ENTIRE AGREEMENT 13 10.03 SUCCESSORS AND ASSIGNS 13 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 14 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 14 10.06 NOTICES 14 10.07 INTERPRETATION 15 10.08 JOINT PREPARATION 15 10.09 PRIORITY OF PROVISIONS 15 10.10 MEDIATION - WAIVER OF JURY TRIAL 15 10.11 TIME 15 10.12 COMPLIANCE WITH LAWS 15-16 10.13 NO PARTNERSHIP 16 10.14 DISCRETION OF EXECUTIVE DIRECTOR 16 10.15 RESOLUTION OF CONTRACT DISPUTES 17 10.16 INDEPENDENT CONTRACTOR 16-17 10.17 CONTINGENCY CLAUSE 17 Packet Pg. 256 EXHIBIT "B" 2.4.b PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.18 THIRD PARTY BENEFICIARY 17 10.19 ADDITIONAL TERMS AND CONDITIONS 17 10.20 SEVERABILITY 17 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES 17 ATTACHMENT A - SCOPE OF WORK 21-22 ARTICLE Al GENERAL 21-22 A1.01 SCOPE OF SERVICES 21-22 A1.02 WORK ORDERS 22 A1.03 PAYMENTS 22 ARTICLE A2 OVERVIEW OF PROJECT SERVICES 22-23 A2.01 TIME FRAMES FOR COMPLETION 22-23 ARTICLE A3 ADDITIONAL SERVICES 23-24 A3.01 GENERAL 23-24 A3.02 EXAMPLES 24 A3.03 ADDITIONAL DESIGN 24 ARTICLE A4 REIMBURSABLE EXPENSES 24-25 A4.01 GENERAL 25 A4.02 SUBCONSULTANT REIMBURSEMENTS 25 ARTICLE A5 SEOPW CRA'S RESPONSIBILITIES 25 A5.01 PROJECT AND SITE INFORMATION A5.02 CONSTRUCTION MANAGEMENT SCHEDULE Al - SUBCONSULTANTS SCHEDULE A2 - KEY STAFF ATTACHMENT B - COMPENSATION AND PAYMENTS 28 ARTICLE B1 METHOD OF COMPENSATION 28 B1.01 COMPENSATION LIMITS 28 B1.02 CONSULTANT NOT TO EXCEED 28 ARTICLE B2 COMPUTATION OF FEES AND COMPENSATION 28 B2.01 LUMP SUM 28 B2.01-2 MODIFICATIONS TO LUMP SUM 28 B2.01-3 LUMP SUM COMPENSATION 28 B2.02 HOURLY RATE FEES 36 B2.03 REIMBURSABLE EXPENSES 29 B2.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES 30 B2.05 PAYMENT EXCLUSIONS 36 B2.06 FEES RESULTING FROM PROJECT SUSPENSION 37 ARTICLE B3 PAYMENTS TO THE CONSULTANT 29 B3.01 PAYMENTS GENERALLY 29 B3.02 FOR COMPREHENSIVE BASIC SERVICES 29 B3.03 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 29 B3.04 DEDUCTIONS 29-30 ARTICLE B4 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 30 B4.01 GENERAL 30 ATTACHEMENT B - Compensation and Payments 31 B4.02 REIMBURSEMENTS TO THE SUBCONSULTANTS 31 ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 30 B5.01 GENERAL 30 SCHEDULE B1 - WAGE RATE SUMMARY 31 SCHEDULE B2 - CONSULTANT INVOICE 32 25 27 27 27 Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 2 RFQ No. 23-01 Packet Pg. 257 EXHIBIT "B" PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.b SEOPW CRA FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Service Category Landscape Architecture Services for N.W. 9th Street Pedestrain Mall Improvements Contract Type Landscape Architecture Services Consultant Office Location 3016 Filbert Street Studio 2 Oakland, CA 94608 THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT, dated October 2, 2024, (the "PSA" or this "Agreement") is made this day of in the year 2025 by and between the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2018 Southeast Overtown/Park West Redevelopment Plan Update, hereinafter called the "SEOPW CRA," and Hood Design Studio, Inc., hereinafter called the "Consultant." RECITALS A. WHEREAS, the SEOPW CRA issued a Request for Qualifications ("RFQ") No. 23- 01 on May 24, 2023, for the provision of Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements ("Services") and the Consultant's proposal (the "Proposal"), in response thereto, was selected as one of the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents (the "Solicitation Documents"), and are, by this reference, expressly incorporated into and made a part of this Agreement as if set forth in full. The Solicitation Documents are deemed as being attached hereto and incorporated by reference herein as supplemental terms, providing, however, that in the event of any conflicts(s) or inconsistencies with the terms of this Agreement, this Agreement shall control and supersede any such conflict(s). B. WHEREAS, the SEOPW CRA, through action of the Executive Director and/or the SEOPW CRA Board of Commissioners, as applicable, has selected the Consultant in accordance with Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act, hereinafter referred to as "CCNA"), and the applicable provisions of the City of Miami's ("City") Procurement Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 3 RFQ No. 23-01 Packet Pg. 258 EXHIBIT "B" 2.4.b PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Ordinance, including, without limitation, City Code Section 18-87, to provide the professional services as described herein. C. WHEREAS, on June 12, 2025, the SEOPW CRA Board of Commissioners, adopted Resolution No. CRA-R-25-00 , authorized the Executive Director to execute a First Amendment to the Agreement dated October 2, 2024, to allow for additional landscape architecture services, including schematic design, design development, construction documentation, permit coordination, and construction bidding phase assistance, increasing the original not -to -exceed project compensation amount by an amount of One Million Nine Hundred Thirty -Two Thousand Three Hundred Twelve Dollars and Zero Cents ($1,932,312.00), thereby increasing the original project compensation amount from Three Hundred Thousand Dollars and Zero Cents ($300,000.00) to the amended project compensation amount of Two Million Two Hundred Thirty -Two Thousand Three Hundred Twelve Dollars and Zero Cents ($2,232,312.00). WITNESSETH, that the SEOPW CRA and the Consultant, for the considerations herein set forth, agree as follows: Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 4 RFQ No. 23-01 Packet Pg. 259 EXHIBIT "B" PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.b ARTICLE 1 DEFINITIONS 1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.02 Attachments means the Attachments to this Agreement, which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.04 Basic Services means those services designated as such in a Work Order. 1.05 Board of Commissioners of the SEOPW CRA means the legislative body of the SEOPW CRA. 1.06 Executive Director means the duly appointed chief administrative officer of the SEOPW CRA. 1.07 SEOPW CRA or Owner means the SEOPW CRA, a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2018 Southeast Overtown/Park West Redevelopment Plan Update, the public agency that is a party hereto and for which services under this Agreement are to be performed. In all respects hereunder, the SEOPW CRA performance is pursuant to the SEOPW CRA position as the Owner of the Project. In the event the SEOPW CRA exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws, and ordinances shall be deemed to have occurred pursuant to the SEOPW CRA authority as a governmental body and shall not be attributable in any manner to the SEOPW CRA as a party to this Agreement. The SEOPW CRA shall be referred to herein as "SEOPW CRA." For the purposes of this Agreement, "SEOPW CRA" without modification shall mean the Executive Director who may delegate certain tasks to the Director as defined in Section 1.13. 1.08 City Risk Manager shall mean the Risk Manager of the City of Miami who heads the Department of Risk Management. 1.09 Commission means the legislative body of the SEOPW CRA. This has the same meaning as Board of Commissioners of the SEOPW CRA and is an abbreviation. 1.10 Consultant means the individual, partnership, corporation, association, joint venture, limited liability company, other recognized business entity, or any combination thereof, of properly registered professional architects, or engineers, or surveyors and mappers, as applicable, which has entered into this Agreement to provide professional services to the SEOPW CRA. 1.11 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the SEOPW CRA for construction of SEOPW CRA facilities and incidentals thereto. 1.12 Department means or refers to the SEOPW CRA's Division of Architecture & Development ("DOAAD"). 1.13 Director means the Director of Architecture & Development of the SEOPW CRA designated herein who has the authority and responsibility for managing the specific project or projects covered under this Agreement. Unless otherwise specified herein or in a Work Order, for this Agreement, the Director is the top administrator of Architecture & Development or their authorized designee. 1.14 Errors means items in the plans, specifications, or other documents prepared by the Consultant that are shown incorrectly, which results in a change to the Services and results in the need for the Contractor to perform corrective work, rework, or additional work or which causes a delay to the completion of construction. 1.15 Errors and Omissions means design deficiencies in the plans, specifications or other documents prepared by the Consultant, which fail to meet the Standard of Care. 1.16 Inspector means an employee of the SEOPW CRA or of a consulting firm hired by the SEOPW CRA and assigned by the SEOPW CRA to make observations of Work performed by a Contractor. 1.17 Key Personnel means Staff positions assigned on a full-time basis to the Program by the Program Coordinator with the Executive Director's approval, to serve as an extension of the SEOPW CRA staff typically working at the SEOPW CRA. Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 5 RFQ No. 23-01 Packet Pg. 260 EXHIBIT "B" 2.4.b PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 1.18 Notice to Proceed ("NTP") means the same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all precedent conditions have been met and/or directing that the Consultant may begin work on the Project. 1.19 Omissions means items that are not shown or included in the plans, specifications, or other documents prepared by the Consultant which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. 1.20 Primary Services means those Services considered by SEOPW CRA to be fundamental to the successful management of the Project as stated in the RFQ, and in Attachment A of this Agreement. 1.21 Project Manager means an employee or representative of the SEOPW CRA assigned by the Director to manage and monitor Work to be performed under this Agreement or the construction of a project as a direct representative of the SEOPW CRA. 1.22 Program means the SEOPW CRA multi -year Stormwater Infrastructure Improvements Programs, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the SEOPW CRA stormwater infrastructure projects over a five (5) year period. 1.23 Project means the design, construction, alteration and/or repair, and all services and incidentals thereto, of a SEOPW CRA facility as contemplated and budgeted by the SEOPW CRA. The Project or Projects shall be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement. 1.24 Professional Services means those services within the scope of the practice of architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as "architectural/engineering services" or "professional services," as applicable, which are within this definition. 1.25 Professional Services Agreement ("Agreement" or "PSA") means this Agreement, all attachments, and any authorized amendments thereto. In the event of a conflict between the Request for Qualifications ("RFQ") and the Consultant's response thereto, the RFQ shall control. In the event of any conflict between the Consultant's response to the RFQ and this PSA, this PSA shall control. In the event of any conflict between this PSA and its attachments, this PSA shall control. 1.26 Resolution means the document constituting the official approval of the Board of Commissioners of the SEOPW CRA as required for the Executive Director to execute this Agreement, or increase the Project Budget, among other matters. 1.27 Risk Management Administrator means the City's Risk Management Director, or their designee, or the individual named by the Executive Director to administer matters relating to insurance and risk of loss for the SEOPW CRA. 1.28 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables, and milestones required for the completion of a Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.29 Subconsultant means a person or organization of properly registered professional architects, engineers, registered surveyor, or mapper, and/or other professional specialties, who has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. 1.30 Work means all services, materials and equipment provided by/or under this Agreement with the Consultant. 1.31 Work Order means a document internal to the SEOPW CRA, which authorizes the performance of specific professional services for a defined Project or Projects. 1.32 Work Order Proposal means a document prepared by the Consultant, at the request of the SEOPW CRA for Services to be provided by the Consultant on a specific phase of a Project. Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 6 RFQ No. 23-01 Packet Pg. 261 EXHIBIT "B" 2.4.b PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall take effect upon the date written above upon its execution by the authorized officers and shall be effective until final completion of construction of the Project and Final Payment is made to the Consultant. 2.02 SCOPE OF SERVICES The Consultant agrees to provide the Services as specifically described and under the special terms and conditions set forth in Attachment A, Scope of Work, hereto, which is incorporated into and made a part of this Agreement. 2.03 COMPENSATION 2.03-1 Compensation Limits: The amount of compensation payable by the SEOPW CRA to the Consultant shall generally be a lump sum not to exceed fee, based on the rates and schedules established in Attachment B, Compensation and Payments, hereto, which is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation payable to the Consultant by the SEOPW CRA, exceed Two Hundred Ninety -Five Thousand Dollars and Zero Cents ($295,000.00), inclusive of Reimbursable Expenses and Owner's Contingency Allowances, as detailed in Exhibit A, Consultant Work Order Proposal, attached hereto, unless explicitly approved by action of the Board of Commissioners of the SEOPW CRA or Executive Director, as applicable, and put into effect by written amendment to this Agreement. The SEOPW CRA may, in its sole and absolute discretion, use other compensation methodologies. The SEOPW CRA shall not have any liability, nor will the Consultant have any recourse against the SEOPW CRA for any compensation, payment, reimbursable expenditures, costs, fees, or charges beyond the compensation limits of this Agreement, as it may be amended from time to time. The Work may never exceed the limitations provided in Section 287.055, Florida Statutes, Consultant's Competitive Negotiation Act, for continuing contracts and other limitations on compensation, as applicable. 2.03-2 Payments: Unless otherwise specifically provided in Attachment B, Compensation and Payments, payment shall be made in accordance with Florida Statute Chapter 218, Part VII, Local Government Prompt Payment Act, after receipt of the Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to constitute a "Proper Invoice" as defined by Section 218.72 (8), Florida Statutes, and to allow a proper audit of expenditures, should the SEOPW CRA require one to be performed. If the Consultant is entitled to reimbursement of travel expenses, then all bills authorized and approved for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. The Consultant shall utilize Attachment B, Schedule B2 - Consultant Invoice, for the submission of invoices. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided in this Agreement, or approved, in writing by the SEOPW CRA. Said approval shall not be construed as constituting an agreement between the SEOPW CRA and said another person or firm. 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director or their designee may make written requests to the Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Subconsultants, or any personnel of any such Subconsultants engaged by the Consultant to provide and perform Services or Work pursuant to the requirements of this Agreement. The Consultant shall respond to the SEOPW CRA within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by the Consultant. Such request shall solely relate to the work of said employees under this Agreement. 3.03 CONSULTANT KEY STAFF The parties acknowledge that the Consultant was selected by the SEOPW CRA, in part, based on qualifications of particular staff identified in the Consultant's response to the SEOPW CRA solicitation, hereinafter referred to as "Key Staff." The Consultant shall ensure that Key Staff are available for Work upon request from the SEOPW CRA, as long as said Key Staff are in the Consultant's employ. The Consultant will obtain prior written approval from the Director or their designee to change or add to Key Staff. The Consultant shall provide the Director, or their designee with information required to determine Landscape Architecture Services 7 N.W. 9th Street Pedestrian Mall Improvements RFQ No. 23-01 Packet Pg. 262 EXHIBIT "B" 2.4.b PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 the suitability of the proposed new Key Staff. The Director will act reasonably in evaluating Key Staff qualifications. Such approval shall not constitute any responsibility or liability for t. individual's ability to perform. 3.04 TIME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed ("NTP") issued by the Director or their designee and to complete each assignment, task or phase within the time stipulated in the NTP. Time is of the essence with respect to performance of Work under this Agreement. A reasonable extension of the time for completion of various assignments, tasks, or phases may be granted by the SEOPW CRA should there be a delay on the part of the SEOPW CRA in fulfilling its obligations under this Agreement as stated herein. Such an extension of time shall not be cause for any claims by the Consultant for additional compensation or for any damages. 3.05 STANDARD OF CARE Consultant shall use the same degree of care, skill, and diligence exercised in the performance of the services as is ordinarily possessed and exercised by members of the same profession, currently practicing, under similar circumstances ("Standard of Care") and is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform all Services in compliance with Florida Administrative Code Chapter 61G1, Chapter 471 (Engineering), and Chapter 481 (Architecture, Interior Design, and Landscape Architecture) of the Florida Statutes, as amended, and all regulations promulgated applicable to these professions. Consultant shall perform due diligence, in accordance with the Standard of Care, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all Services furnished by the Consultant under this Agreement. Consultant shall correct or revise any errors, omissions, and/or deficiencies in its Services without additional compensation. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its Services. ARTICLE 4 SUBCONSULTANTS 4.01 GENERAL 4.01-1 A Subconsultant, as defined in Article 1.28, Subconsultant is a firm that was identified as part of the consulting team during the competitive selection process by which the Consultant was chosen to perform the Services under this Agreement, and as such, is identified and listed in Attachment A, Schedule Al - Subconsultants attached hereto and incorporated herein by reference. 4.01-2 A Specialty Subconsultant is a person or organization that has, with the consent of the Director, entered into a written agreement with the Consultant to furnish unique and/or specialized professional services necessary for a project or task described under Additional Services. Such Specialty Subconsultant shall be in addition to those identified in Attachment A, Schedule Al. 4.02 SUBCONSULTANT RELATIONSHIPS 4.02-1 All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the SEOPW CRA under this Agreement. 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the SEOPW CRA and the Subconsultants. The Consultant acknowledges that the Subconsultants are entirely under his direction, control, supervision, retention, and/or discharge. 4.03 CHANGES TO SUBCONSULTANTS The Consultant shall not add to, modify, or change the Subconsultants listed in Attachment A, Schedule Al without prior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed change. ARTICLE 5 DEFAULT 5.01 GENERAL If the Consultant fails to comply with any material term or condition of this Agreement or any other Agreement it has with the SEOPW CRA, or fails to perform any of its obligations hereunder, then the Consultant shall be in Default. Upon the occurrence of a default hereunder the SEOPW CRA, in addition to all remedies available to it by law, may immediately, upon written notice to the Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the SEOPW CRA to the Consultant while the Consultant was in default shall be immediately returned to the SEOPW CRA. The Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 8 RFQ No. 23-01 Packet Pg. 263 EXHIBIT "B" 2.4.b PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Consultant understands and agrees that termination of this Agreement under this section shall not release the Consultant from any obligation accruing prior to the effective date of termination. In the event of termination due to default, in addition to the foregoing, the Consultant shall be liable to the SEOPW CRA for all expenses incurred by the SEOPW CRA in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the SEOPW CRA in the re -procurement of the Services, including consequential and incidental damages. In the event of Default, the SEOPW CRA may also suspend or withhold reimbursements to the Consultant until such time as the actions giving rise to default have been cured. 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any one or more of the following: 5.02-1 The Consultant fails to obtain or maintain the professional engineering certification/ licensure, insurance or bonding herein required. 5.02-2 The Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement, or in any agreement it has with the SEOPW CRA, beyond the specified period allowed to cure such Default. 5.02-3 The Consultant fails to commence the Services within the time provided or contemplated herein or fails to complete the Work in a timely manner as required by this Agreement. 5.03 TIME TO CURE DEFAULT, FORCE MAJEURE. The SEOPW CRA, through the Director or designee, shall provide written notice to the Consultant as to a finding of Default, and the Consultant shall take all necessary action to cure said Default within the time stipulated in said notice, after which time, the SEOPW CRA may terminate the Agreement. The SEOPW CRA, at its sole and absolute discretion, may allow additional days to perform any required cure if the Consultant provides written justification deemed reasonably sufficient. If the Default has not been corrected by the Consultant within the time specified, the Agreement may be automatically terminated on the last day of the time stipulated in said notice, without the necessity of any further action by the SEOPW CRA. Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida law, then the SEOPW CRA may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 SEOPW CRA'S RIGHT TO TERMINATE The SEOPW CRA (specifically the Executive Director), has the right to terminate this Agreement for any reason or no reason, upon ten (10) business day's written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other data and/or documents, including all electronic (digital) copies related to Work authorized under this Agreement, whether finished or not, must be turned over to the Director or the Director's designee. The Consultant shall be paid in accordance with the provisions of Attachment B, provided that said documentation is turned over to the Director or the Director's designee within ten (10) business days of termination. Failure to timely deliver the documentation shall cause the withholding of any payments due without recourse by the Consultant until all documentation is delivered to the Director or designee. 6.01-1 The Consultant shall have no recourse or remedy from any termination made by the SEOPW CRA except to receive and retain the fees, and allowable costs or reimbursable expenses, earned as compensation for the Services that were performed in complete compliance with the Agreement, as full and final settlement of any claim, action, demand, cost, charge, or entitlement it may have, or will, have against the SEOPW CRA, its officials, or employees. The Consultant has voluntarily acknowledged the applicability of this Section by submitting a response to this solicitation. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, in writing, for cause following breach by the SEOPW CRA, if breach of contract has not been corrected within thirty (30) calendar days from the date of the SEOPW CRA receipt of a written statement from the Consultant specifying the SEOPW CRA breach of its duties under this Agreement. Consultant shall give the SEOPW CRA prior written notice in the manner provided herein specifying the SEOPW CRA breach and afford the SEOPW CRA sixty (60) calendar days to cure. Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 9 RFQ No. 23-01 Packet Pg. 264 EXHIBIT "B" 2.4.b PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the SEOPW CRA shall have the right to terminate the Agreement without liability and, at its discretion, to recover from the Consultant the full amount of any and all fees, commissions, percentages, gifts, or other consideration paid to undisclosed lobbyists or agents. ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS The Consultant shall assign all copyrights to any material and products or patents any invention developed under this Agreement upon Final Payment for the work performed under this Agreement. The SEOPW CRA shall have the right to visit Project sites for inspection of the work and the products of the Consultant at any time. The Consultant shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the SEOPW CRA use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure by the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) business days of cancellation, or within ten (10) business days of request by the SEOPW CRA, shall be just cause for the SEOPW CRA to withhold payment of any fees due the Consultant until the Consultant delivers all such documents. The Consultant shall have no recourse to these requirements. 7.03 RE -USE BY THE SEOPW CRA It is understood that all Consultant Agreements and/or Work Orders for new work will include provisions for the re -use of surveys, maps, plans, specifications, and other Consultant work products, at the SEOPW CRA's sole option, and, by virtue of signing this Agreement, the Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, or documents being required and without recourse for such re -use. SEOPW CRA agrees to pay Consultant $100,000.00 flat fee per location for any re -use of the work performed under this Agreement outside of the Project contemplated under this Agreement. SEOPW CRA shall give design credit to Consultant for all re -use as appropriate The Consultant will not be liable for re -use by the SEOPW CRA of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. 7.04 NON -DISCLOSURE To the extent allowed by law, the Consultant agrees not to divulge, furnish, or make available to any third person, firm or organization, without Director's or their designee's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative proceedings, or otherwise required by law, where such information has been properly subpoenaed, any non-public information concerning the Services to be rendered by the Consultant hereunder, and the Consultant shall require all of its employees, agents, and Subconsultants to comply with the provisions of this paragraph. 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The Consultant shall keep adequate records and supporting documentation, which concern or reflect its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119, as amended, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall be retained by the Consultant for a minimum of three (3) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The SEOPW CRA, or any duly authorized agents or representatives of the SEOPW CRA, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3) year period noted above, provided, however, such activity shall be conducted only during normal business hours. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the SEOPW CRA to perform the service; (2) upon request from the SEOPW CRA custodian of public records, provide the SEOPW CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except Landscape Architecture Services 10 RFQ No. 23-01 N.W. 9th Street Pedestrian Mall Improvements Packet Pg. 265 EXHIBIT "B" 2.4.b PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the SEOPW CRA; (4) upon completion of the contract, transfer, at no cost, to the SEOPW CRA all public records in possession of the contractor or keep and maintain public records required by the SEOPW CRA to perform the service. If the Contractor transfers all public records to the SEOPW CRA upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the SEOPW CRA, upon request from the SEOPW CRA custodian of public records, in a format that is compatible with the information technology systems of the SEOPW CRA. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT SEOPW CRA OFFICE, 819 N.W. 2ND AVENUE, 3RD FLOOR, MIAMI, FL 33136. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE SEOPW CRA DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 7.06 E-VERIFY Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Agreement and shall expressly require any Subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subconsultant during the Agreement term. ARTICLE 8 INDEMNIFICATION The Consultant shall indemnify, hold harmless the SEOPW CRA and the City of Miami, its officers, agents, directors, instrumentalities, agencies, and/or employees from all liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorneys fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of services under this Contract. Consultant shall, further, hold the SEOPW CRA and the City of Miami, its officials and/or employees, harmless for, and defend the SEOPW CRA and the City of Miami, its officials and/or employees against, any civil actions, statutory, contractual, tort, strict liability, or other claims, actions, injuries, or damages arising or resulting from the work, unless it is alleged that the SEOPW CRA and the City of Miami, its officials and/or employees were negligent. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the SEOPW CRA and the City of Miami or its officers, employees, agents, and instrumentalities as herein provided. This indemnity, hold harmless shall survive the term of this Agreement, and shall also survive the cancellation or expiration of this Agreement. This indemnity shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Section 725.06 and/or Section 725.08, Florida Statutes, as applicable. If any portion of the Indemnity is invalidated by a court of competent jurisdiction to be invalid, unenforceable, or illegal, the unenforceable provision shall not affect the otherwise valid terms and provisions of this Section. The applicable terms and provisions shall be deemed modified and will be given effect to the extent necessary to render such provision(s) enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest extent possible the intent and agreements of the parties as are set forth in this Section. The Consultant shall require all Subconsultant agreements to include a provision that they shall indemnify the SEOPW CRA. The Consultant agrees and recognizes that the SEOPW CRA and the City of Miami shall not be held liable or responsible for any claims which may result from any actions or omissions of the Consultant in which the SEOPW CRA and the City of Miami participated, either through review or Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 11 RFQ No. 23-01 Packet Pg. 266 EXHIBIT "B" 2.4.b PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 concurrence of the Consultant's actions. In reviewing, approving, or rejecting any submissions by the Consultant or other acts of the Consultant, the SEOPW CRA and the City of Miami in no way assumes or shares any responsibility or liability of the Consultant or Subconsultant under this Agreement. The SEOPW CRA and the City of Miami constitute separate, distinct, and independent consideration for the Indemnification, knowingly acknowledged by the Consultant. ARTICLE 9 INSURANCE The Consultant shall not start Services under this Agreement until the Consultant has obtained and provided to the SEOPW CRA all insurance required hereunder and the SEOPW CRA Risk Management Administrator also known as the Director of the Risk Management Department, or their authorized designee, has approved such insurance. Should the Consultant not maintain the insurance coverage required in this Agreement, the SEOPW CRA may cancel this Agreement or, at its sole discretion, shall purchase such coverage and charge the Consultant for such coverage purchased. The SEOPW CRA shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the SEOPW CRA to purchase such insurance coverage shall in no way be construed as a waiver of its rights under this Agreement. 9.01 COMPANIES PROVIDING COVERAGE All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent and be rated at least A(X), in accordance with A.M. Best Company's Key Rating Guide, latest edition. 9.02 VERIFICATION OF INSURANCE COVERAGE The Consultant shall furnish certificates of insurance to the SEOPW CRA and the City's Risk Management Administrator for review and approval prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification required by these provisions, and shall be enclosed herein as Exhibit B Insurance. The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. The Consultant shall furnish copies of insurance policies pertaining to this Agreement to the SEOPW CRA within ten (10) business days of written request. The SEOPW CRA reserves the right to require a certified copy of such policies, upon written request to Consultant, as it relates to claims filed under such policies. 9.03 FORMS OF COVERAGE 9.03.1 Commercial General Liability and Automobile Liability: The Consultant shall maintain commercial general liability coverage written on a primary and non-contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. Waiver of Subrogation applies in favor of the certificate holder. The coverage shall be written on a primary and non-contributory basis with the SEOPW CRA and the City of Miami listed as an additional insured as reflected by endorsement CG 2010 11/85 or its equivalent. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03.2 Business Automobile: The Consultant shall provide business automobile liability coverage including coverage for all owned, hired, and non -owned autos with a minimal combined single limit of $1,000,000.00 naming the SEOPW CRA and the City of Miami as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03.3 Professional Liability Insurance: The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $2,000,000.00 per claim, $2,000,000.00 aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. This insurance Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 12 RFQ No. 23-01 Packet Pg. 267 EXHIBIT "B" 2.4.b PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 shall be maintained for at least one (1) year after completion of the construction and acceptance of any project covered by this Agreement. Coverage must reference the retroactive date. 9.03.4 Worker's Compensation Insurance: The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 each occurrence. 9.03.5 Subconsultant Compliance: The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 9.04 MODIFICATIONS TO COVERAGE The SEOPW CRA, the Risk Administrator or either of their authorized designee(s) reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market and may request additional consideration from the SEOPW CRA accompanied by justification. ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS; INSPECTION The SEOPW CRA reserves the right to audit the Consultant's accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies of any records necessary, in the opinion of the Director, to approve any requests for payment by the Consultant. The inspection and audit provisions provided for SEOPW CRA contracts set forth in Section 18-101 and Section 18-102 of the SEOPW CRA Code are applicable to this Agreement and are deemed as being incorporated by reference herein. 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the SEOPW CRA and the Consultant and supersedes all prior negotiations, representations, or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of a breach of any other provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Consultant without the written consent of the SEOPW CRA, acting by and through its Board of Commissioners of the SEOPW CRA. It is understood that a sale of the majority of the stock or partnership shares of the Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior SEOPW CRA approval. The Consultant's services are unique in nature and any assignment, sale transference without Board of Commissioners of the SEOPW CRA approval shall be cause for the SEOPW CRA to terminate this Agreement. The Consultant shall have no recourse from such termination. The SEOPW CRA may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/assumption Agreement in a form satisfactory to the SEOPW CRA Attorney as a condition precedent to considering approval of an assignment. The Consultant and the SEOPW CRA each binds one another, their partners, successors, legal representatives, and authorized assigns to the other party of this Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the Consultant shall certify that factual unit costs supporting the compensation are accurate, complete, and current at the time of NTP. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the SEOPW CRA determines the project price was increased due to inaccurate, incomplete, and other factual unit costs. All such price adjustments will be made within one (1) year following the end of the Project. Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 13 RFQ No. 23-01 Packet Pg. 268 EXHIBIT "B" 2.4.b PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of the Consultant's duties to indemnify the SEOPW CRA under Article 8, Indemnification, herein where the Consultant shall pay the SEOPW CRA's reasonable attorney's fees in the event the SEOPW CRA must maintain an action to enforce the duty to indemnify the SEOPW CRA. 10.06 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by electronic mail, and registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For SEOPW CRA: James McQueen Executive Director Office of the Executive Director, SEOPW CRA 819 N.W. 2nd Avenue, 3rd Floor Miami, Florida 33136 Email: JMcQueen@miamigov.com Phone: (305) 679-6800 Brian Zeltsman, RA Director of Architecture & Development SEOPW CRA 819 N.W. 2nd Avenue, 3rd Floor Miami, Florida 33136 Email: bzeltsman@miamigov.com Phone: (305) 679-6827 Vincent T. Brown, Esq. Staff Counsel SEOPW CRA 819 N.W. 2nd Avenue, 3rd Floor Miami, Florida 33136 Email: VTBrown@miamigov.com Phone: (305) 679-6807 CONSULTANT Paul Peters Principal 3016 Filbert St. Studio 2 Oakland, CA 94608 Email: paul@hooddesignstudio.com Phone: (949) 491-5149 With Copies to: Walter J. Hood 3016 Filbert St. Studio 2 Oakland, CA 94608 Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 14 RFQ No. 23-01 Packet Pg. 269 EXHIBIT "B" PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.b 10.07 INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all the subsections of such Section, unless the reference is made to a subsection or subparagraph of such Section or Article. 10.08 JOINT PREPARATION Preparation of this Agreement has been a joint effort of the SEOPW CRA and the Consultant, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 10.09 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given effect. 10.10 MEDIATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the Consultant's Services under this contract, and/or following the completion of the projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant agrees to include such similar contract provisions in the agreements with all Subconsultants and/or independent contractors retained for the project(s), thereby providing for non -binding mediation as the primary mechanism for dispute resolution. Each party shall bear their own attorney's fees. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. 10.11 TIME Time is of the essence in this Agreement. Consultant shall promptly perform its duties under this Agreement and Work Orders pursuant hereto and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with this Agreement. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in this Agreement and/or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS The Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations, and resolutions including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this Agreement. 10.12.1 Non -Discrimination: The SEOPW CRA warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Consultant's performance under this Agreement on account of race, color, gender, gender identity, religion, age, handicap, marital status, national origin, or sexual orientation. The Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, color, gender, gender identity, religion, age, handicap, marital status, national origin, or sexual orientation, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 10.12.2 OSHA Compliance: The Consultant warrants that it will comply with all safety precautions as required by federal, state, and local laws, rules, regulations, and ordinances. The SEOPW CRA reserves the right to refuse the Consultant's access to SEOPW CRA property, including project jobsites, if the Consultant's employees are not properly equipped with safety gear in Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 15 RFQ No. 23-01 Packet Pg. 270 EXHIBIT "B" 2.4.b PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 accordance with OSHA regulations or if a continuing pattern of non-compliance with safety regulations is exhibited by the Consultant. 10.12.3 ADA Compliance: The Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the SEOPW CRA, including Titles I and II of the ADA (regarding non- discrimination on the basis of disability) and all applicable regulations, guidelines, and standards. Additionally, the Consultant shall take affirmative steps to insure non-discrimination in employment of disabled persons. 10.13 NO PARTNERSHIP The Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise or affiliation between the parties. The Consultant has no authority to bind the SEOPW CRA to any promise, debt, default, contract liability, or undertaking of the Consultant. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the SEOPW CRA or decisions of the SEOPW CRA shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 10.15 RESOLUTION OF CONTRACT DISPUTES The Consultant understands and agrees that all disputes between it and the SEOPW CRA based upon an alleged violation of the terms of this Agreement by the SEOPW CRA shall be submitted for resolution in the following manner. The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the SEOPW CRA personnel identified in Article 10.06, Notices. Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their dispute in writing, with all supporting documentation, to the Director of Architecture & Development, as identified in Article 10.06, Notices. Upon receipt of said notification, the Director of Architecture & Development shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Director of Architecture & Development fail to resolve the dispute the Consultant shall submit their dispute in writing within five (5) calendar days to the SEOPW CRA, Executive Director. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of said notification, the SEOPW CRA, Executive Director shall review the issues relative to the dispute and issue a written finding. The Consultant must submit any further appeal in writing within five (5) calendar days to the Executive Director. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the SEOPW CRA, Executive Director for their resolution is required prior to the Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed Two Hundred Ninety -Five Thousand Dollars and Zero Cents ($295,000.00), the SEOPW CRA, Executive Director's decision shall be approved or disapproved by the Board of Commissioners of the SEOPW CRA. The Consultant shall not be entitled to seek judicial relief unless: (i) it has first received Executive Director's written decision, approved by Board of Commissioners of the SEOPW CRA if applicable; or (ii) a period of sixty (60) calendar days has expired after submitting to the Executive Director a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) calendar days has expired where the Executive Director's decision is subject to Board of Commissioners of the SEOPW CRA approval; or (iii) The SEOPW CRA has waived compliance with the procedure set forth in this section by written instrument(s) signed by the Executive Director. 10.16 INDEPENDENT CONTRACTOR The Consultant has been procured and is engaged to provide services to the SEOPW CRA as an independent contractor, and not as an agent or employee of the SEOPW CRA. Accordingly, the Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the SEOPW CRA, nor any rights generally afforded classified or unclassified employees. The Consultant further understands that Florida Workers' Compensation benefits available to employees of the SEOPW CRA are not available to the Consultant and agrees to provide workers' compensation insurance for any employee or agent of the Consultant rendering services to the SEOPW CRA under this Agreement. The Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 16 RFQ No. 23-01 Packet Pg. 271 EXHIBIT "B" 2.4.b PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 SEOPW CRA is not a guarantor of any debt or obligation of the Consultant and the Consultant has no ability to bind the SEOPW CRA in this regard. 10.17 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and this Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) calendar days' notice. 10.18 THIRD PARTY BENEFICIARY The Consultant and the SEOPW CRA agree that it is not intended that any provision of this Agreement establishes a third -party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 ADDITIONAL TERMS AND CONDITIONS If a PSA or other Agreement was provided by the SEOPW CRA and included in this solicitation for the project(s), no additional terms, or conditions, which materially or substantially vary, modify, or alter the terms or conditions of this Agreement, in the sole opinion and reasonable discretion of the SEOPW CRA, will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or other Agreement. 10.20 SEVERABILITY If any term or provision of this Agreement, or combination of the same, is in violation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision, or combination of same shall be modified or reformed by the court to the minimum extent necessary to accomplish the intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This Subsection shall not apply if there is a material breach of this Agreement causing cancelation or cancellation for convenience. 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as the original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. END OF SECTION Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 17 RFQ No. 23-01 Packet Pg. 272 EXHIBIT "B" PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.b IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: HOOD DESIGN STUDIO, INC., a Foreign Profit Corporation Signature Print Name, Title Signature Print Name, Title ATTEST: (Corporate Seal) Consultant Secretary (Affirm Consultant Seal, if available) ATTEST: SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes Todd B. Hannon James McQueen Clerk of the Board Executive Director APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: Ann Marie Sharpe Vincent T. Brown, Esq. Director of Risk Management Staff Counsel Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 18 RFQ No. 23-01 Packet Pg. 273 EXHIBIT "BD FESSIONAL SERVICES AGREEMENT EXHIBIT 2.4.b CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a corporation organized and existing under the laws of the State of , held on the day of , a resolution was duly passed and adopted authorizing (Name) as (Title) of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 Secretary: Print: CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the day of , , a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. Partner: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Names and addresses of partners: Name Street Address City State Zip Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 19 RFQ No. 23-01 Packet Pg. 274 EXHIBIT "BD FESSIONAL SERVICES AGREEMENT EXHIBIT 2.4.b CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_ Signed: Print: NOTARIZATION STATE OF ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 , by , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 20 RFQ No. 23-01 Packet Pg. 275 EXHIBIT "BD FESSIONAL SERVICES AGREEMENT EXHIBIT 2.4.b ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL The SEOPW CRA has procured a qualified and experienced landscape architectural firm to provide design services for Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements ("Project"), under the oversight of the DOAAD, and in accordance with all applicable laws, building and environmental regulations, including code requirements for the State of Florida, Miami -Dade County, and the SEOPW CRA, as well as the Scope of Services contained in this RFQ. The Contractor and its Subconsultants must be able to perform every element and task included in, but not limited to, those outlined in Section A1.01, "Scope of Services." The Consultant has been selected in accordance with Section 287.055 of the Florida Statutes, CCNA, as amended. A1.01 SCOPE OF SERVICES The Consultant shall provide concept design services, as later described, for the following scope items: 1. Hardscape and softscape layout; 2. Pedestrian pavements; 3. Landscape walls, steps, railings and related site structural elements not a part of the building; 4. Fences, decks and seating; 5. Site furniture including planter pots, trash receptacles, and drinking fountains; 6. Selection, and location of offsite lighting. (Site lighting circuitry is not included in contract); 7. Planting and soils; and 8. Participation in selection of site sculpture. Deliverables: • Conceptual diagram(s) and sketch(es). • One (1) overall illustrative site plan. • Site sections and/or site elevations; anticipated up to three (3). • Up to five (5) conceptual renderings. • Walk-thru animation (approx. 1 minute in length). • Concept level cost estimate. • PDF, including brief narrative of the landscape concept. Exclusions to Scope of Services The Client shall provide the following information or services as required for performance of the work. Consultant assumes no responsibility for the accuracy of such information or services and shall not be liable for error or omissions therein. Should Consultant be required to provide services in obtaining or Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 21 RFQ No. 23-01 Packet Pg. 276 EXHIBIT "BD FESSIONAL SERVICES AGREEMENT EXHIBIT 2.4.b coordinating compilation of this information, such services shall be charged as Additional Services: • Topography and boundary surveys. • Legal descriptions of property. • Soils testing and/or engineering. • Existing site engineering and utility base information. • Overhead aerial photographs at scale. • Engineering other than that provided within the Scope of Work. • Complete horticultural analysis, arborist report or recommendation of existing site vegetation. • Fountain design including mechanical, electrical, structural and plumbing. • Engineering. • Wayfinding and site signage. • Irrigation. A1.02 WORK ORDERS When DOAAD has determined that the Project is to proceed, the Director or authorized designee will request in writing a Work Order Proposal from the Consultant based on the proposed Scope of Services provided to the Consultant in writing by the Director or designee. The Consultant and Director or designee, and others, if appropriate, may have preliminary meetings, if warranted, to further define the Scope of Services and to resolve any questions. The Consultant shall then prepare a Work Order Proposal following the format provided by the SEOPW CRA, indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Subconsultants, and deliverable items and/or documents. The Director or designee may accept the Work Order Proposal as submitted, reject the Work Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work Order Proposal, department staff will prepare a Work Order that will be reviewed by the Director or designee. Upon approval, department staff will issue a written Notice to Proceed (NTP) subsequent to approval of the Work Order by the Director or designee. A1.03 PAYMENTS Invoices shall be billed monthly based on percentage of work performed. In the event invoices exceed sixty (60) days past due the Consultant shall suspend services. ARTICLE A2 OVERVIEW OF PROJECT SERVICES A2.01 TIME FRAMES FOR COMPLETION The following time frames are sequential from the date of the NTP. A concurrent project timeline is attached as Schedule A5. Concept Design Timeline: 5 months Consultant Team will attend an in -person kick-off meeting with the client to tour the site and set project objectives and goals, review milestones for project schedule. During the concept design phase, the Consultant will create a set of ideas for the 9th Street Pedestrian Mall in order to envision a central civic space for Overtown, that embodies the neighborhood identity and envisions a beautiful future. During the design phase the Consultant team will: Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 22 RFQ No. 23-01 Packet Pg. 277 EXHIBIT "BD FESSIONAL SERVICES AGREEMENT EXHIBIT 2.4.b • Host bi-weekly web -based design meetings with the client to provide design updates. • Includes two (2) in person site visit for up to (3) three Hood team for 2 nights in Miami including all associated travel costs. • Includes one (1) presentation and submission for feedback at 50% Concept Design. • Includes one (1) presentation and submission for costing at 100% Concept Design. Schedule: • Kickoff Meeting & Site Visit (Week 1) o Site visit to Miami to meet the client, tour the site, and create an initial set of conversations around the goals and objectives of the project. o Meet with key stakeholders as identified by the client. o Potential for curated site walk including stakeholders. • Research & Initial Ideation (Weeks 2-10) o Develop a set of initial ideas with bi-weekly check -ins with the client and/or key stakeholders. o Communicate concept design using sketches, diagrams, 3D model views, plans and sections. • 50% Concept Design Presentation (Week 11) o Web -based presentation of draft concept design to client. o Based on presentation, client provides feedback for further design iteration. • Feedback & Response (Weeks 12-15) o Revise design based on client feedback from Draft Concept Presentation. o Prepare final renderings and drawings. o Consolidate design documents into a single PDF package. • Final Concept Presentation (Week 16) o Web -based final presentation to client and stakeholders. • Costing (Week 17-19) o Three week costing period to provide project construction cost conducted by third- party Forella Group. • Next Steps (Week 20) o Final concept phase presentation to review construction cost and determine the project's next steps. ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 23 RFQ No. 23-01 Packet Pg. 278 EXHIBIT "BD FESSIONAL SERVICES AGREEMENT EXHIBIT 2.4.b Services categorized below as "Additional Services" may be specified and authorized by SEOPW CRA and are normally considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or Executive Director and will be compensated for as provided in Attachment B, Article B3.05, Fees for Additional Services. A3.02 EXAMPLES Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to the following: A3.02-1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by the SEOPW CRA. A3.02-2 Specialty Design: Any additional special professional services not included in the Scope of Work. A3.02-3 Pre -Design Surveys & Testing: Environmental investigations, site evaluations, or comparative studies of prospective sites. Surveys of the existing structure required to complete as -built documentation are not additional services. A3.02-4 Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the initial start-up, testing, adjusting and balancing of any equipment or system; extended training of SEOPW CRA's personnel in operation and maintenance of equipment and systems, and consultation during such training; and preparation of operating and maintenance manuals, other than those provided by the Contractor, sub -contractor, or equipment manufacturer. A3.02-5 Major Revisions: Making major revisions to drawings and specifications resulting in or from a change in Scope of Work, when such revisions are inconsistent with written approvals or instructions previously given by the SEOPW CRA and are due to causes beyond the control of Consultant (Major revisions are defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any significant portion thereof). A3.02-6 Expert Witness: Preparing to serve or serving as an expert witness in connection with any mediation, arbitration or legal proceeding, providing, however, that Consultant cannot testify against the SEOPW CRA in any proceeding during the course of this Agreement. A3.02-7 Miscellaneous: Any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural/engineering practice related to construction. A3.02-8 Value Engineering: Any changes to the design based on the project budget and/or cost estimate. A3.03 ADDITIONAL DESIGN The SEOPW CRA may, at its option, elect to proceed with additional services relating to the Project. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and items authorized by the SEOPW CRA in addition to the Basic and Additional Services and consist of actual, direct expenditures made by the Consultant and the Subconsultant for the purposes listed below. A4.01-1 Communications Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier, and express mail between the Consultant's various permanent offices and Subconsultants. The Consultant's field office at the Project site is not considered a permanent office. Cell phones will not be considered as reimbursable expenses under this agreement. A4.01-2 Reproduction, Photography: Cost of printing, reproduction, or photography, beyond that which is required by or of the Consultant's part of the work, set forth in this Agreement. Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 24 RFQ No. 23-01 Packet Pg. 279 EXHIBIT "BD FESSIONAL SERVICES AGREEMENT EXHIBIT 2.4.b A4.01-3 Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by the Project Manager. A4.01-4 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the Consultant. A4.01-5 Surveys: Site surveys and special purpose surveys when pre -authorized by the Project Manager. A4.01-6 Other: Items not indicated in Article A4, Reimbursable Expenses, when authorized by the Project Manager. A4.02 SUBCONSULTANT REIMBURSEMENTS Reimbursable Subconsultant expenses are limited to the items described above when the Subconsultant's agreement provides for reimbursable expenses and when such agreement has been previously approved, in writing, by the Director and subject to all budgetary limitations of the SEOPW CRA and requirements of this Agreement. ARTICLE A5 SEOPW CRA RESPONSIBILITIES A5.01 PROJECT AND SITE INFORMATION The SEOPW CRA, at its expense and insofar as performance under this Agreement may require, may furnish Consultant with the information described below, or, if not readily available, may authorize Consultant to provide such information as an Additional Service, eligible as a Reimbursable Expense. A5.01-1 Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries, and topographic data of a building site, and existing utilities information regarding sewer, water, gas, telephone and/or electrical services. A5.01-2 Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and recommendations. Consultant shall recommend necessary tests to the SEOPW CRA. A5.01-3 General Proiect Information: Information regarding Project Budget, City and State procedures, guidelines, forms, formats, and assistance required establishing a program. A5.01-4 Existing Drawings: Drawings representing as -built conditions at the time of original construction, subject to as -built availability. However, such drawings, if provided, are not warranted to represent conditions as of the date of receipt. Consultant must still perform field investigations as necessary to obtain sufficient information to perform its services. Investigative services in excess of "Normal Requirements," as defined, must be authorized in advance. A5.01-5 Reliability: The services, information, surveys, and reports shall be furnished at SEOPW CRA's expense, and Consultant shall be entitled to rely upon the accuracy and completeness thereof, provided Consultant has reviewed all such information to determine if additional information and/or testing is required to properly design the Project. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 25 RFQ No. 23-01 Packet Pg. 280 EXHIBIT "BD FESSIONAL SERVICES AGREEMENT EXHIBIT 2.4.b Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 26 RFQ No. 23-01 Packet Pg. 281 EXHIBIT "BD FESSIONAL SERVICES AGREEMENT EXHIBIT 1 2.4.b ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD SCHEDULE A2 - KEY STAFF JOB CLASSIFICATION NAME Creative Director + Founder Walter Hood Principal Project Manager Paul Peters Ann Salerno Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 27 RFQ No. 23-01 Packet Pg. 282 EXHIBIT "BD FESSIONAL SERVICES AGREEMENT EXHIBIT 2.4.b ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 METHOD OF COMPENSATION The fees for Professional Services for each Work Order shall be determined by one of the following methods or a combination thereof, at the option of the Director or designee, with the consent of the Consultant. a) A Lump Sum as defined in Article B2.01, Lump Sum. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified in Article 2.05-1 Compensation Limits, as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by the Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the Executive Director or Board of Commissioners of the SEOPW CRA as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at the Consultant's own cost and expense. ARTICLE B2 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as applicable, in the following manner: B2.01 LUMP SUM Compensation for a Scope of Work can be a Lump Sum and must be mutually agreed upon in writing by the SEOPW CRA and the Consultant and stated in a Work Order. Lump Sum compensation is the preferred method of compensation. B2.01-1 Lump Sum: Shall be the total amount of compensation where all aspects of Work are clearly defined, quantified and calculated. B2.01-2 Modifications to Lump Sum: If the City authorizes a substantial or material change in the Scope of Services, the Lump Sum compensation for that portion of the Services may be equitably and proportionately adjusted by mutual consent of the Director or designee and Consultant, subject to such additional approvals as may be required by legislation or ordinance. B2.01-3 Lump Sum Compensation: Compensation shall be calculated by Consultant,. Prior to issuing a Work Order, the SEOPW CRA may require Consultant, to verify or justify its requested Lump Sum compensation. Such verification shall present sufficient information as depicted in Attachment A, Schedule A2 - Key Staff. B2.02 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. The SEOPW CRA will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. B2.03 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 28 RFQ No. 23-01 Packet Pg. 283 EXHIBIT„PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.b The design of additive and deductive alternates contemplated as part of the original Scope for a Project as authorized by the Director will be considered as part of Basic Services. The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the Consultant. B2.04 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Article A8 and B2.02 respectively, may be applicable. B3.05-1 Determination of Fee: The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum or Hourly Rate with a Not to Exceed Limit. B3.05-2 Procedure and Compliance: An independent and detailed Notice to Proceed (NTP), and an Amendment to a specific Work Order, shall be required to be issued and signed by the Director for each additional service requested by the City. The NTP will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall comply with the SEOPW CRA regulations, including the Purchasing Ordinance, the Consultants' Competitive Negotiation Act, and other applicable laws. B3.05-3 Fee Limitations: Any authorized compensation for Additional Services, either professional fees or reimbursable expenses, shall not include additional charges for office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. For all reimbursable services and Subconsultant costs, the Consultant will apply the multiplier of one (1.0) time the amount expended by the Consultant. B2.05 PAYMENT EXCLUSIONS The Consultant shall not be compensated by the City for revisions and/or modifications to drawings and specifications, for extended construction administration, or for other work when such work is due to errors or omissions of the Consultant as determined by the City. B2.06 FEES RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiation. ARTICLE B3 PAYMENTS TO THE CONSULTANT B3.01 PAYMENTS GENERALLY Payments for Basic Services may be requested monthly in proportion to services performed during each Phase of the Work. The Subconsultant fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by the Consultant. The Consultant shall utilize the City's Invoice Form, which can be found at the end of this document. Failure to submit an invoice(s) within sixty (60) calendar days following the provision of Services contained in such invoice may be cause for a finding of default. Failure to use the City Form will result in rejection of the invoice. B3.02 FOR COMPREHENSIVE BASIC SERVICES For those Projects and Work Orders where comprehensive design services are stipulated, said payments shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each Phase. B3.03 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 29 RFQ No. 23-01 Packet Pg. 284 EXHIBIT„PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.b Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to or costs incurred by the Subconsultants engaged on the project or task. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B3.04 DEDUCTIONS No deductions shall be made from the Consultant's compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors. ARTICLE B4 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B4.01 GENERAL It is understood that all Consultant agreements and/or Work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. B4.02 REIMBURSEMENTS TO THE SUBCONSULTANTS Reimbursable Subconsultant's expenses are limited to the items described above when the Subconsultant agreement provides for reimbursable expenses and when such agreement has been previously approved in writing by the Director and subject to all budgetary limitations of the City and requirements of Article B5, Reimbursable Expenses, herein. ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B5.01 GENERAL It is understood that all Consultant agreements and/or Work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 30 RFQ No. 23-01 Packet Pg. 285 EXHIBIT„PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.b ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B1 - WAGE RATE SUMMARY Invoices shall be billed monthly based on the percentage of work performed. In the event invoices exceed sixty (60) days past due Consultant shall suspend services. Fees Services described above shall be provided for the fixed sum of two hundred and ninety-five thousand dollars ($295,000.00). Payment Schedule Invoices shall be billed monthly based on the percentage of work performed. An initial payment of $40,000 is required in order for design work to commence. The initial payment is included in the overall design fee above. Reimbursable Expense Reimbursable expenses for travel and materials are included in the design fee. Additional Services Special requests by the Client, additional meetings or review procedures that would involve additional services will immediately be brought to the attention of the Client. A written proposal will then be submitted for approval prior to proceeding. Other additional services may include: • Presentations and products other than those specifically agreed -upon in the final contract. • Detailed models and special illustrations/renderings produced by outside consultants or vendors will be an additional service, authorized in writing by the Client. • Substantial changes to any part of the project, which had been previously approved by the Client. • Schedule delays or interruptions. Fees for additional services shall be calculated based on Hood Design Studio's standard hourly rates as follows: 2024 Walter Hood $425 Partner $315 Principal $300 Associate / PM $225 Designer $175 Admin $105 Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 31 RFQ No. 23-01 Packet Pg. 286 EXHIBIT„PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.4.b SCHEDULE B2 - CONSULTANT INVOICE INVOICE Bill To: Company Name Address DATE: City, State Zip Code INVOICE # Bill From: Company Name Employee name (First and Last), employee title Employee email address Address City, State Zip Code DESCRIPTION AMOUNT TOTAL DUE $ Landscape Architecture Services N.W. 9th Street Pedestrian Mall Improvements 32 RFQ No. 23-01 Packet Pg. 287 50' Jackson Soul Food Parking Parking Historic Mt Zion Missionary Baptist Church 3AV OK MN NW 10TH STREET Parking Center For Black Innovation Sislrunk Seeds Inc. Historic Ward Rooming House 2 Red Rooster Overtown Parking 9TH STREET GARDENS MANGROVE PLAZA Pi.E I It ---- - - Parking Retell Parking Dana A. Dorsey House Greater Bethel African Methodist Episcopal Church IA Longshoremen's Association (ILA) 100' 200' HOOD DESIGN STUDIO 3AV ONZ MN Plaza at tthe Lyric Apartments Black Archives - Historic Lyric Theater NW 8TH STREET Parking Buro Central (Coworking Space) OVERTC: 2.4.c Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 288 3AV IS l MN THE CROWN Referencing the built urban edge that once contributed to Overtown's vibrant streetlife, the Crown acts as a beacon, drawing people in from the street for both everyday relaxation and vibrant special events. HOOD DESIGN STUDIO 1=16.1111 2.4.c F BEFORE ' 4. AFTER MANGROVE PLAZA Four new sculptural tree guards frame a flexible streetscape on 9th street. Day-to-day, this space provides ample seating, but can also be closed down to vehicular traffic for larger events. p p v HOOD DESIGN STUDIO 2.4.c (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) WATER MIRROR + LYRIC COURTYARD Reflecting its context, the water mirror sits within the courtyard of the Lyric and acts as a cooling magnet. HOOD DESIGN STUDIO; Packet Pg. 291 1 jiiiiiniii• M FfS. -.Waft LYRIC COURTYARD The new courtyard will provide an enclosed, dignified forecourt to the storied Lyric Theatre. This protected square will serve as an everyday space for play and lunchtime gatherings, but can transform for galas and black tie events. HOOD DESIGN STUDIO 2.4.c <- BEFORE .1, AFTER •i THE GREEN -HOUSE The Green -House is comprised of an open core with a covered promenade on either side and engulfed in a variety of vines. HOOD DESIGN STUDIO ifs Packet Pg. 293 THE GREEN -HOUSE MARKET Building on the existing success of pop-up markets in Overtown, the Green -house market will provide permanent infrastructure for community activations. HOOD DESIGN STUDIO • \\ III I OVERT& Packet Pg. 294 THE CROWN - GREEN -HOUSE Two large pavilions frame the space: one creating dense shade, the other dappled shadows the peer through a verdant veil of vines and climbing plants. HOOD DESIGN STUDIO 2.4.c 0 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) LIFEWAYS The new 9th Street Public Realm will influence the ways that those in Overtown live and work. HOOD DESIGN STUDIO ■A OVERTC Packet Pg. 296 GARDENS Moving from 2nd Ave to 1st, the final space becomes lush and verdant, enmeshed with large sculptures. HOOD DESIGN STUDIO 2.4.c F BEFORE .b AFTER \ •i ■ EN r< HAIR PICKS Acting as a gateway that contends with the scale of the rail infrastructure, the Picks frame the entry of the gardens at 1st Ave. HOOD DESIGN STUDIO 2.4.c Packet Pg. 298 2.4.c HOOD Fee Proposal April 9th, 2025 Hood Design Studio 3016 Filbert Street Studio 2 Oakland CA 94608 USA www.hooddesignstudio.com Brian Zeltsman, RA Director of Architecture & Development Southeast Overtown/Park West Community Redevelopment Agency 819 NW 2nd Avenue, 3rd Floor Miami, FL 33136 Attn: Brian Zeltsman Re: Crown Overtown Landscape Architectural Design Services Miami, FL Dear Brian, We are pleased to submit the following proposal for professional landscape architectural services for Crown Overtown in Miami, FL. Throughout the design process, Hood Design Studio will collaborate closely with the Client and the Design Team. As applicable and as directed by the Client, Hood Design Studio will also liaise with other stakeholders and consultants for the benefit of the project. Additionally, Hood Design Studio may suggest other sub -consultants to join the team in key stages of the project to address specific project needs (to be discussed and confirmed by the Client; refer to Assumptions). For this scope of work, we have partnered with Naturalficial as our local landscape architect of record. Hood Design Studio will lead design and documentation work from Concept Design through end of Design Development phases with support from Naturalficial. For Construction Documentation and Construction Observation, Hood Design Studio will provide design guardianship and oversee design changes, while Naturalficial will lead documentation, coordination and construction administration. Project Roles (Hood Design Studio Team) Landscape Designer Hood Design Studio 3016 Filbert Street #2 Oakland, CA 94608 Landscape Architect of Record Naturalficial, Inc. 5879 Sunset Drive, Suite 2 South Miami, FL 33143 Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 300 Fee Proposal 2.4.c Consultant Team Discipline Water Feature Cost Estimator Operations + Maintenance Signage + Wayfinding Civil Engineering Geotechnical Engineering Traffic Engineering Lighting Architect of Record (Crown) Audio -Visual Consultant Structural Engineering Mechanical, Electrical, Plumbing Engineering Project Description Name Delta Fountains Dharam Consulting ETM Associates Formation Langan Langan Langan L'Observatoire MVA Projects Schuler Shook Tipping Vidal Associates The project site is located at NW 9th St in Miami FL. The full site (Phases 1 & 2) is approximately 1.6 acres, from NW 3rd Ave to NW 1st Ave, along NW 9th St and the Pedestrian Mall. Phase 1 is a subset of this overall site, approximately .9 acres, entirely within the 9th St Pedestrian Mall. The landscape scope of work for the site is understood to include Phase 1 & 2 for Schematic Design, and Phase 1 only from Design Development through Construction Administration. This Phase 1 site is assumed to be approximately 40,000 square feet. A project construction budget of $15 million dollars is assumed for the proposal. Scope of work and fees for Design Development onwards are currently assumed to be Phase 1 only. Exhibit A — Scope of Work Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) HOOD 2 Packet Pg. 301 Fee Proposal 2.4.c A. Scope of Work Hood Design Studio shall provide schematic design, design development, construction documentation, bidding period, and construction observation services, as later described, for the following scope items: 1. Finish grading and surface drainage of pedestrian pavements and planting areas. 2. Pedestrian pavements. 3. Landscape walls, steps, railings and related site structural elements. 4. Design development of structures (documentation by Structural Engineer). 5. Fences, decks and seating. 6. Site furniture including planter pots, trash receptacles, and drinking fountains. 7. Planting and soils. 8. Irrigation downstream from mainline point of connection. 9. Participation in selection of site sculpture. Please refer to each sub -consultant's detailed S.O.W. attached in Appendix B. B. Procedure I. Schematic Design Timeline: 13 weeks Hood Design Studio shall prepare schematic design drawings defining the general concept of landscape architectural design and development for the scope of work based upon the approved concept. During the schematic design phase Hood Design Studio shall: a. Lead monthly web -based meetings (up to 3). b. Attend 1 in person meeting. c. Includes one (1) submission in PDF format for review and costing at 100% SD. Deliverables: • Preliminary functional diagrams including: grading, drainage, access, circulation, paving, planting, lighting. • Schematic level site plan at 1" = 40'. • Schematic level detail plans @ 1" = 20'. • Site sections at 1/8" = 1' scale. • Three (3) schematic views/renders. • Schematic design diagrams and sketches. • PDF, including narrative and design drawings. II. Design Development Timeline: 11 weeks Upon the Client's approval of Schematic Design, Hood Design Studio shall prepare design development drawings. The design development drawings will define the character and Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) HOOD 3 Packet Pg. 302 Fee Proposal 2.4.c essentials of the project, including selection of materials. During the design development phase Hood Design Studio shall: a. Lead monthly web -based meetings (up to 3). b. Attend 1 in person meeting. c. Includes one (1) submission in PDF format for review and costing at 100% DD. Deliverables: • Design development level plans (materials, planting, layout, grading, lighting). • Sections at 1/8" = 1' scale. • Design details and 3D modelling of site elements. • Three (3) illustrative views/renders. • Design development diagrams and sketches. • Planting, material and site furnishing schedules. • Technical specifications. • PDF, including narrative and design drawings. III. Construction Documentation Timeline: 11 weeks Upon the Client's approval of design development, Hood Design Studio will develop working drawings and technical sections of specifications to construct the work. Technical sections of specifications shall be prepared in Construction Institute (CSI) MasterFormat. The client shall be responsible for Bidding and Contract Requirements and General Requirements divisions of the specifications. In developing working drawings and technical sections of specifications, Hood Design Studio shall use its best efforts to coordinate its services with those of other consultants and to maintain a construction budget in accordance with the preliminary design estimate of probable construction cost accepted by the client. During the construction documentation phase Hood Design Studio shall: a. Lead monthly web -based meetings (up to 3). b. Attend 1 in person meeting. c. Includes one (1) submission for review and costing at 50% CD. d. Includes one (1) submission for bidding at 90%, e. Includes one (1) submission for Permit at 95%. f. Includes one (1) resubmission for Permit. g. Includes one (1) Issue for Construction at 100% CD. Deliverables: • Construction documentation package including plans, schedules and details. • Technical specifications (as related to landscape design). Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) HOOD 4 Packet Pg. 303 Fee Proposal 2.4.c IV. Bidding During the Bidding phase Hood Design Studio will assist the client in obtaining and evaluating bids, and assist in awarding and preparing contracts for construction. During the Bidding phase Hood Design Studio shall: a. Prepare bidding documents including technical drawing set and landscape specifications. b. Assist, if applicable, in the pre -qualification of bidders. c. Attend a web -based pre -bid meeting. d. Respond to requests for clarification from the contractors. V. Construction Observation Timeline: 22 weeks During the Construction phase Hood Design Studio shall: a. Select and pre -tag plant materials as noted in the contract documents. b. Make monthly visits to the site, to familiarize itself generally with the progress and quality of construction and to determine in general if the construction is proceeding in accordance with Hood Design Studio's design intent and construction documents. On the basis of its observations while at the site, Hood Design Studio will keep the Client informed of the progress of construction. Hood Design Studio may recommend to the Client the rejection of work failing to conform to the contract documents. c. Hood Design Studio shall prepare and process change orders only with prior approval of the Client. d. Attend bi-weekly web -based meetings. e. Review shop drawings, samples and submittals for general conformance with the Contract Documents. f. Respond to the General Contractor's Request for Information (RFIs). Deliverables: • Submittal review. • RFI responses. • Field observation reports. • Punch list observation. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) HOOD 5 Packet Pg. 304 Fee Proposal 2.4.c C. Assumptions a. All base information, including detailed survey (of surface and subsurface infrastructure elements), proposed building drawings, and CAD backgrounds with site context will be provided by the Client in AutoCAD 2023 compatible format. b. Complete horticultural analysis and recommendation of existing site vegetation will not be provided by the Consultant as part of this scope. c. All required changes to drawings as a result of inaccurate base information beyond Consultant's control or previously approved budgets, will be additional services. d. As indicated in the scope of work above, Consultant will prepare all drawings in AutoCAD and Rhino, not Revit. To the extent reasonable, Consultant will coordinate with the Design Team to integrate landscape design into the project's BIM model. e. Client to determine limit of work for Phase 1 by the end of 100% Schematic Design. Should the limit of work for Phase 1 deviate from Exhibit A, the entire consultant team will need to re-establish scope and work. f. Schedule (Appendix D) established on desired design duration. Consultants not responsible for schedule extensions due to typical permit processing times. D. Exclusions to Scope of Services The Client shall provide the following information or services as required for performance of the work. Consultant assumes no responsibility for the accuracy of such information or services and shall not be liable for error or omissions therein. Should Consultant be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as Additional Services. 1. Legal descriptions of property. 2. Overhead aerial photographs at scale. 3. Complete horticultural analysis, arborist report or recommendation of existing site vegetation. 4. Construction Management Services. 5. Permit Expediter Services. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) HOOD 6 Packet Pg. 305 Fee Proposal 2.4.c E. Fees Services described above shall be provided for the fixed sum below, in accordance with the terms and conditions in Appendix A. Please refer to Appendix C for full consultant team fees. Hood Design Studio fee breakdown by phase: Phase Fee Schematic Design $362,000 Design Development $298,000 Construction Documentation $165,000 Bidding & Construction Observation $348,000 Subtotal $1,173,000 Public Art (3 picks, 4 mangroves, 8 lifted trees. Design, $44,000 engineering, and consultation at a schematic level only) Fee Total $1,217,000 F. Payment Schedule Billing will be done on a monthly basis of the percentage of work that was completed. In the event invoices exceed sixty (60) days past due Hood Design Studio shall suspend services in accordance with Appendix E. APPENDIX A Reimbursable Expense Reimbursable expenses for travel costs, including air travel (business class), auto rentals, taxis, meals and lodging, printing/plotting of presentation materials, model and workshop materials as applicable are included in Hood Design Studio's fees. Assumptions of person per trip and number of trips are noted in the Scope of Work. Mockups During Design Phase For specialty site elements (including site furnishings, bridges, lighting, paving, water features, walls) the Client shall be required to reimburse Hood Design Studio for fabrication and shipping costs for full-size mockups. These items will be billed as additional expenses under Mockups. Additional Services Special requests by the Client, additional meetings or review procedures that would involve additional services will immediately be brought to the attention of the Client. A written proposal will then be submitted for approval prior to proceeding. Other additional services may include: Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) HOOD 7 Packet Pg. 306 Fee Proposal 2.4.c • Revisions to drawings and other Project documents which are inconsistent with prior approvals of the Owner, or which are necessary because of changes in the program, budget or scope of the Project. • Revisions due to changes in applicable laws and regulations, which become effective after such documents were prepared. • Additional City Agencies meeting beyond what is included in the scope of work above. • Design changes or studies as a result of Value Engineering (VE) after 100% DD is completed. • Multiple rounds of bidding. • Phasing — when a project is designed and built in distinct phases. • Premiums for insurance limits beyond the firm's current coverage. • Presentations and products other than those specifically agreed -upon in the final contract. • Detailed models and special illustrations/renderings produced by outside consultants or vendors will be an additional service, authorized in writing by the Client. • Schedule delays or interruptions. • Extension to project schedule other than as listed above. Fees for additional services shall be calculated based on Hood Design Studio's standard hourly rates as follows subject to annual increases: Walter Hood $465 Partner $330 Principal $315 Associate / PM $235 Designer $185 Admin $110 APPENDIX B General scopes of work provided by other consultants within the project team to be coordinated by Hood Design Studio. Our team will provide fountain design; civil, geotechnical, and traffic engineering; structural engineering; cost estimating; lighting design; wayfinding and site signage; architectural design; mechanical, electrical and plumbing engineering; operations and maintenance planning; and irrigation. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) HOOD 8 Packet Pg. 307 2.4.c Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9th Street Public Realm Improvements Between NW 3' Avenue and NW 1st avenueMiami, FL Langan Project No.: TBD Revised: 4 April 2025 Page 2 of 10 SCOPE OF SERVICES Civil Engineering Task 1 Schematic Design Under this task Langan will: • Request current as -built plans from the utilities serving the general project area for water, sewer, drainage, natural gas, power and telecommunication services. • Identify the utility companies that have existing utilities along NW 9th Avenue and set up meetings to discuss potential relocations and/or vehicular access. • Coordinate with the City of Miami Fire Department as they may require fire staging areas and fire access through NW 9th Street to serve abutting buildings. If the City of Miami Fire Department required truck access, we will perform a maneuverability analysis. • Prepare preliminary drainage calculations for NW 9' Street. • Prepare a civil engineering utility base plan. • Prepare a schematic level grading plan depicting spot elevations at key locations and identify the limits of harmonization. • Prepare a schematic level water service plan identifying where the public realm will be served irrigation. The irrigation system will be designed by others. • Prepare an engineered site plan that depicts geometry, curb lines, sidewalk locations, ADA curb ramps and crosswalks, visibility triangles, and emergency and service vehicle access. This plan will also show pavement marking and signage. • Prepare a utility relocation plan depicting re-routing of water services and sewer services in conflict with proposed trees or other site features. • Based on our experience with the City of Miami Public works Department we anticipate that they will request that new drainage in the form of 24-inch diameter pipes with exfiltration trenches be proposed along NW 9' Street. The city may also request that the city drainage system be disconnected from the drainage system that serves NW 2' Avenue, a County Road. We will meet with the City of Miami Public Works Department to discuss the drainage improvements. Langan's deliverables for this task will include: • Engineered Site Plan • Schematic Grading and Drainage Plan • Schematic Utility Relocation Plan • Utility Base Plan • Emergency and Service Vehicle Maneuverability Analysis • Preliminary Drainage Calculations for NW 9th Street During the preparation of the deliverables we will coordinate with the Design Team's principal designer and the electrical engineer with respect to the location of electrical transformers, electrical feeds and street lights. We will also coordinate with the Design Team with respect to the placement of exfiltration trenches, other utilities and street furniture along the alignment of the project. One 50% and one 100% submission will be made in the Schematic Design phase. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 308 2.4.c Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9"' Street Public Realm Improvements Between NW 3'd Avenue and NW 1" avenueMiami, FL Langan Project No.: TBD Revised: 4 April 2025 Page 3 of 10 Task 2 Meetings Based on our understanding of the Schematic Design Phase which is 3-months, we anticipate attending one weekly coordination meeting lasting 1-hr with the design team virtually. We also anticipate attend up to six 1-hour meetings with the agencies having jurisdiction, either in person or virtually. Geotechnical Engineering Task 1 Geotechnical Field Investigation This task consists of performing a geotechnical field investigation for the project. Our services for this task include: 1. Performing the following field tests: • Two (2) Standard Penetration Test (SPT) borings to a depth of 30 feet each; • Three (3) SPT borings to a depth of 20 feet each; • Two (2) SPT borings to a depth of 15 feet each; • Five (5) SPT borings to a depth of 10 feet each; • Three (3) Exfiltration (Percolation) tests at a depth of 15 feet each; Borings and exfiltration tests will be drilled by a specialty drilling subcontractor hired by Langan using standard truck -mounted drill rigs. The borings will be drilled using mud rotary drilling techniques and stabilized with casing, as necessary. SPT in accordance with ASTM D1586 will be typically done continuously in the upper 10 feet of each boring and at 5 feet intervals thereafter. Additional continuous SPT sampling may be performed at other depths to verify specific subsurface conditions or delineate changes in strata. Groundwater levels will be measured and recorded at each boring at the time of drilling. Exfiltration test will be performed per the guidelines of the South Florida Water Management District (SFWMD). The purpose of these tests is to provide information to assist in the design of the site drainage systems. Upon completion, the boreholes will Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 309 2.4.c Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9th Street Public Realm Improvements Between NW 3'd Avenue and NW 1st avenueMiami, FL Langan Project No.: TBD Revised: 4 April 2025 Page 4 of 10 be backfilled with soil and their surface patched with asphalt or concrete. The proposed location of the borings and exfiltration tests is shown in Figure 1 below. Pl • •1sco ]'y ■ • E0, wo + 1 tO) [1.5r) (101 1.151 MANGROVE 5 ) III' • (10') t0) �1 (20'1) THE CROWN GREEN -HOUSE (30')• (10') • ill __ # 'a-,: WR i MIFrli OR (20 } rR STRH' • 115`i Proposed boring location (and depth) . (15') Proposed percolation test location (and depth) 2. We will provide a staff geotechnical engineer to provide full-time engineering observation during the drilling of the borings. Our engineer will coordinate the field activities, confirm that the drilling and sampling is performed in accordance with the ASTM standards, examine and log the soil and rock samples obtained from the borings. 3. Borings will be laid out by one of our engineers by measuring distances with a tape or measuring wheel from recognizable landmarks and site features. We will also contact Sunshine State One Call of Florida (SSOCOF) to arrange for them to mark -out the locations of known active public underground utilities near the borings prior to drilling. We will engage the services of specialty geophysical consultant to perform electronic designation and ground penetrating radar scans of the landside boring locations to check for other potential conflicts. 4. We will prepare and submit a permit application for right -of -work with the City of Miami Public Works Department to perform the borings within their right-of-way. Any permit fees paid by Langan will be treated as reimbursable expenses. 5. If necessary, we will retain the services of a specialty contractor to provide Maintenance of Traffic (MOT) that may be necessary during the drilling of the borings and exfiltration tests. If required, we will retain the services of an off -duty Police Officer to be present during the drilling of the borings. The estimates for the MOT and off -duty police officer services are included as reimbursable expenses. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) L /'�1/''77 fIl-" A ISI Packet Pg. 310 2.4.c Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9th Street Public Realm Improvements Between NW 3' Avenue and NW 1st avenueMiami, FL Langan Project No.: TBD Revised: 4 April 2025 Page 5 of 10 Task 2: Geotechnical Engineering Study Report Upon completion of the field investigation and laboratory testing program, we will prepare a geotechnical engineering study report summarizing the results of our geotechnical investigation, our evaluations, and geotechnical recommendations for the project. The report will include: 1. A description of the proposed construction and site conditions. 2. A description of the general geology of the area. 3. A summary of the field geotechnical investigation and a discussion of the subsurface conditions encountered along the project alignment. 4. A discussion on the measured groundwater levels and expected fluctuations. 5. A boring location plan and generalized subsurface profile based on the performed borings. 6. Individual boring logs and laboratory test results. 7. Recommendations for support of the various structures associated with the project, including recommended foundation design bearing pressures, foundation size and depth, expected settlement and foundation preparation requirements. 8. Recommendation for the design of site retaining walls, included recommended backfill type and design lateral earth pressures. 9. Recommendations for utility trench excavations (i.e., excavation slopes, shoring, and potential re -use of excavated materials as backfill) and groundwater control during utility installations (applicable only to force main installations using conventional cut -and -cover techniques). 10. Recommendations for pipe utility bedding and trench backfilling (applicable only to force main installations using conventional cut -and -cover techniques). 11. Recommendations for pavement support, including recommended pavement sub -base and base material types, thickness, and preparation requirements. The geotechnical engineering study will be performed under the supervision of an experienced, Florida Licensed Professional Engineer. The report will be signed and sealed, suitable for submission to the reviewing or permitting agencies. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) L A fig= A I Packet Pg. 311 2.4.c Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9"' Street Public Realm Improvements Between NW 3'd Avenue and NW 1" avenueMiami, FL Langan Project No.: TBD Revised: 4 April 2025 Page 6 of 10 We can begin fieldwork three to four weeks after receiving written authorization, and after obtaining utility clearances and contingent on obtaining the permit to perform the work in the public right-of-way. We anticipate the field work will take 3 to 4 days to complete. We anticipate the engineering analysis, evaluation and report will be completed within two weeks after completion of the field investigation. Traffic Engineering Task 1 Traffic Impact Analysis A. Methodology — We will meet and coordinate with the City of Miami and Miami -Dade County Traffic Engineering Division to develop an acceptable methodology for the traffic - impact analysis. B. Data Collection — Turning movement counts will be collected at up to six intersections. Data will be collected during a typical weekday (7:00 to 9:00 AM; 4:00 to 6:00 PM) C. Site Traffic Conditions — Site characteristics will be consistent with the project build out. These include the following items: 1. Site location and development intensities. 2. Site build out year. 3. Trip Generation: Trips for proposed uses on the site will be based upon data from the latest edition of the Institute of Transportation Engineers', Trip Generation Manual. Trip generation analysis will be prepared for daily, morning peak hour and afternoon peak hour conditions. 4. Trip distribution and assignment will be based on Miami -Dade County cardinal distribution data. D. Intersection Volumes — Traffic volumes at study intersections will be provided for the following morning and afternoon peak hour conditions: 1. Existing conditions 2. Future background conditions (build out year without project traffic). 3. New project trips 4. Future total conditions (build out year with project traffic) Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) L A fig= A Packet Pg. 312 2.4.c Proposal for Civil, Geotechncial and Traffic Engineering Services NW 9"' Street Public Realm Improvements Between NW 3'd Avenue and NW 1st avenueMiami, FL Langan Project No.: TBD Revised: 4 April 2025 Page 7 of 10 5. Future total conditions with proposed mitigation (if necessary) E. Roadway Closure Analysis - Perform an origin and destination study via a license plate study for three hours on a typical weekday on NW 9t" Street Road between NW 3' and 2' avenues. The O-D study will allow us to determine the expected traffic volumes that will be diverted with the proposed roadway closure. F. Traffic Capacity Analysis — Traffic capacity analysis will be performed for existing and future conditions for the morning and afternoon peak hours. Intersections will be analyzed using software based on the Highway Capacity Manual methodology. For the purpose of this proposal, we have assumed the need to analyze up to six intersections. G. Pedestrian Crossing Analysis — Langan will evaluate the need for additional pedestrian signalization along NW 2' Avenue due to the proposed project. The analysis will include existing and future pedestrian crossing during the morning and afternoon peak -hours. The analysis will be based on the latest requirements from Miami -Dade County and FDOT. H. Traffic Impact Study Report — The analysis and its conclusions will be summarized in a report that will include the narrative, tables and figures. The report will be submitted to the client for review, in draft form, prior to preparing the final document. Four copies of the final report, signed and sealed by a State of Florida Registered Professional Engineer, will be forwarded to the client. I. Report Revisions — Revisions to the analysis may be required because of the county and city review process. We will revise the analysis and report to address two rounds of comments. Task 2 - Project Coordination & Meetings We will coordinate with the project team to review the traffic assumptions and analysis and finalize the traffic impact study based on team comments. This task assumes fifteen (15) hours of team coordination meetings/phone calls or meetings with city staff. Should effort beyond that scope be required we will provide an amendment to this proposal for your review and approval. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) LAfl g77 A IS I Packet Pg. 313 Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SEOPW 2.4.c Consultant Name Discipline Assumptions Tipping Structural Engineer Phase 1 comprises the scope of work east of NW 2nd Street, which includes of the Crown and Green -House structures & Pick sculptures. Phase 2 comprises the scope of work west of NW 2nd Street, which includes the Mangroves sculptures. Assumes a design -build method of project delivery with Tipping serving as the engineer of record for all of the project components described. Fees bases on project schedule and site plan dated 3.19.25 Wind studies and geotechnical reports by third parties will be provided by owner at start of CD for the Crown and Green -house Coordination meetings during SD and CD phase will be online or in person in SF Bay Area. Phase durations described below. Pick sculptures essentially identical in design Green house assumes that framing will be typical along the length Exclusions Support for miscellaneous landscape and sitework elements not described, including furnishings, hardscape, signage, fountains, etc. Phase 2 Construction Documents Scope of Work SD (Phases 1 & 2) - 3 months Issue drawings and Revit model indicating all major framing membes and key details, with adequate detail for pricing and further design coordination. Provide specifications to define scope for pricing Structural analysis models for steel framing sizing for preliminary wind loads. Provide preliminary foundation sizing Coordinate scope of work with Geotech and Wind Consultant Coordinate with project team to ensure structures align with vision and pricing Collaborate with project team to help in the bid/selection on larger design build team. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 3/27/25 Packet Pg. 314 Hood Design Studio Schematic Design Proposal Overtown 9th St. Public Realm Construction Documents - Structures (Crown and Green -House) - 2.5 months Integrate wind and geotechical information into design Coordinate with contractor and refine analysis as needed for prefered fabrication approach Issue construction documents, including drawings, specifications, and calculations for permit/fabrication Provide Revit modelwith LOD 300 that can be converted to fabrication model for contractor Work with team to ensure budget goals are met Work with fabricator for Mill Order package if needed for expedited schedule We assume submittals and fabrication drawings will occur concurrently during CDs Construction Documents - Sculptures (Picks) - 2.5 months Integrate wind and geotechical information into design Coordinate with contractor and refine analysis as needed for prefered fabrication approach Issue construction documents, including drawings, specifications, and calculations for permit/fabrication Provide Revit model with LOD 300 that can be converted to fabrication model for contractor Work with team to ensure budget goals are met Approvals (Phase 1) -1 month Respond to plan check comments Reissue plans with minor revisions to address AH1 comments. CA (Phase 1) - 5 months Respond to RFIs for existing field conditions Review sculpture fabrication/submittal drawings Review special inspection reports Perform two site visits for structural observation Client: Miami SEOPW 2.4.c Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 3/27/25 Packet Pg. 315 Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SE 2.4.c Consultant Name Discipline Scope of Work List scope Items here 1. Tree Disposition & Mitigation 2. Landscape (Planting Design) 3. Hardscape 4. Landscape Lighting 5. Irrigation Naturalficial, Inc. Landscape Architect of Record Naturalficial / HOOD scope i. SD: participation in meetings; spec outline; planting palettes; advise on paving materials. HOOD leads illustrative and technical set production and consultant coord. ii. DD: participation in meetings; specs; irrigation; planting palettes; Planting plan; Irrigation plan; planting and irrigation details; review and comment on DD set; paving plan and details. Hood manages set and "signature details". HOOD manages consultants coordination as prime. iii. CD (led by Naturalficial): assume responsibility of drawing set; finalize all plans and details; submit for necessary permits. HOOD will join recurring meetings, provide sketches for substantial design changes. HOOD manages consultants coordination as prime. iv. CA: lead CA phase —we look to you to identify this scope. HOOD will join weekly OAC calls, provide sketches for any substantial design changes, attend 3 site visits (mockups/tree tag/final punch, etc). HOOD manages consultants coordination as prime. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 4/08/25 Packet Pg. 316 Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SEOPW 2.4.c Consultant Name FORMATION Discipline Wayfinding &Signage Scope of Work Exterior Architectural Graphics Program (Signage + Wayfinding) The Designer will design a system of graphics to identify, inform, direct and regulate vehicular and pedestrian traffic at the Project. The following exterior areas will be addressed: Entrance Freestanding Identification Information Kiosks Tenant Directory Property Map Vehicular Regulatory Signs Site Orientation and Wayfinding (Pedestrian and Vehicular) General Site and Architectural Pageantry and Placemaking Elements Reserved Service Parking Graphics General Informational Graphics (Hours of Operation, etc.) Address Graphics Interpretive Panels Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 04/08/25 Packet Pg. 317 Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SEOPW 2.4.c Consultant Name Discipline Scope of Work Delta Fountains Water Feature Designer SD PHASES - Delta Fountains will spend time with the design team via telephone conference and email exchange, discussing the concept in its entirety. In this stage, Delta will develop mechanical and electrical schematics and equipment locations for review by the design team. Deliverables will be AutoCAD generated plans in PDF format, indicating preliminary layout geometry and locations for mechanical and electrical systems. A preliminary budget estimate will be provided. DD PHASE - The approved Schematic Design Plan will serve as the basis for this phase of work. Enlarged plans, details, and sections at a scale appropriate for further development of the ideas will be produced. Initial coordination with structural and MEP consultants will be part of this phase. Ongoing coordination and development of system costs and lighting design will continue in this phase. In addition, focus on layout, equipment selections, details and preliminary specifications will be generated. Budgets are constantly monitored and Delta Fountains will stay focused with all allied disciplines, to ensure overall conformity to these budgets. Local trades will be engaged to help estimate the construction costs. Deliverables will be drawings on the project title block for inclusion in the 100% DD set and a preliminary CSI formatted specification. All deliverables will be computer generated and electronically submitted in PDF format. One minor design change is included in this phase. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 04/08/25 Packet Pg. 318 Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SEOPW 2.4.c CD PHASE - The approved Design Development drawings will serve as the basis for this phase of work. Design modifications resulting from design review will be incorporated during this phase. Plans, details, cross sections, and piping and electrical conduit layout will be coordinated with the appropriate consultants. Control panel layout, ladder logic, wiring diagrams, and a Bill of Materials will be developed. A final system cost will be completed at the 50% stage. Any changes agreed upon in the design development stage will be incorporated into the construction drawings and final specifications. Delta Fountains will ensure quick response to all requests for information, reprographics, meetings and teleconferences while coordinating with every agency to ensure compliance with all ordinances. Specifications and plans will be explicit, but not proprietary. We will promote competitive bids, but adhere to the strictest quality standards. Deliverables will be Drawings on the project title block and project formatted specifications for inclusion in the 50% and 100% CD sets. All deliverables will be computer generated and electronically submitted in PDF format. One minor design change is included in this phase. Signed and sealed drawings for Department of Health Permitting will be included in this phase. Bid/PERMIT PHASE - If the Client chooses to add these services, during this phase, Delta fountains will respond to all R.F.I.'s from the bidding contractors; review and address contractor suggested value engineering alternates; review substitution requests of specified equipment to determine feasibility and or acceptability and advise on all impacts to the overall design concept and functionality; and educate the design team and Client of actual realized long term total cost savings of suggested value engineering alternatives and substitution from the contractors. Site visits, as required, for this phase will be billed at the hourly rates indicated below, plus travel expenses. Fees for this portion are based on a maximum of (20) Twenty hours, requested reviews exceeding the allotted hours will be billed at the hourly rates outlined below. CA - during the construction of the water features, Delta Fountains will provide shop drawings review and approvals, assist in the pay application, and address all field information requests whether it is accomplished through written responses, sketches and or field visits necessary to ensure the proper installation. We will provide specific design guidelines and comprehensive operations and maintenance procedures, as well. This phase of the project would also include Delta Fountains involvement with the owner's maintenance staff, to train and follow up on all operating systems and the development of seasonal historical data for future employees to benefit. Construction Observation fees are based on review of the fountain system, as designed. Shop drawing and submittal review includes two (2) reviews of each Shop Drawing, Project Submittal Data, Samples, and similar submittals of the Contractor. Site Inspection includes One (1) inspection for any portion of the Work to determine whether such portions of the Works is substantially complete in accordance with the requirements of the Contract Documents. Alterations or Value engineering alternates for review may require additional compensation depending on the level of deviation from the original design. Construction Observations Services provided more than sixty (60) days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the Agreement between the Owner and Contractor, whichever is earlier, shall be compensates as Additional Services to the extent the CONSULTANT incurs additional cost in providing those Construction Observation Services. If the services covered by this Agreement have not been completed within eighteen (18) months of the date of this Agreement, through no fault of the CONSULTANT, extension of the CONSULTANT's services beyond that time shall be compensated as Additional Services. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 04/08/25 Packet Pg. 319 OVERTOWN 9111 STREET I OPR 25056 2.4.c MARCH 28, 2025 L'Observatoire International, Inc. Represented by Nerve Descottes Hereafter referred to as "L'Observatoire" A SCOPE OF WORK A 1 PROJECT L'Observatoire International to provide exterior lighting for Overtown 9th Street in Miami. The architect for the project is Hood Design Studio. A 2 DESIGN AREAS See attached Exhibit B for mark-up of scope areas. PACKAGE 1 — approx. 70,000 sf • Mangroves • The Crown • Water Mirror • Green -House • Picks PACKAGE 2 — approx. 38,000 sf • Phase 1 o The Crown o Water Mirror o Green -House o Picks A 3 DESIGN AREAS EXCLUDED FROM SCOPE a. Special event or theatrical lighting. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@lobsintl.com • www.!c 1/19 Packet Pg. 320 OVERTOWN 9111 STREET I OPR 25056 2.4.c MARCH 28, 2025 B SCOPE OF SERVICES B 1 OMITTED B 2 SCHEMATIC DESIGN PHASE (SD) The Architects shall provide L'Observatoire with all necessary design materials in order for L'Observatoire to meet this deadline at least 2 weeks (10 business days) prior to L'Observatoire's deadline. B 2.1 Analysis of the Project a. Analysis of all programmatic requirements. b. Analysis of the technical constraints. c. Evaluation of the architectural criteria. d. Evaluation of the existing design criteria. B 2.2 Work Sessions with the Architects, Client and Engineers a. One (1) in -person work session included. b. Maximum of one (1) work session per week included via video and telephone conference with L'Observatoire's Project Manager and/or Technical Expert. Where coordination meetings involve multiple architectural disciplines, L'Observatoire shall attend the portion of the meeting that specifically address lighting issues and associated coordination with the design team. B 2.3 Client Presentation(s) a. One (1) presentation to Client / Owner included. b. Presentation format shall be electronic PDF file. c. Up to two (2) 2D graphic illustrations to communicate lighting design intent, produced by L'Observatoire in-house over perspective image provided by Architect. d. Additional presentations, and photorealistic renderings can be organized at the request of the Client and will be invoiced separately. B 2.4 SD Deliverables L'Observatoire shall provide up to 2 qty milestone submissions within Schematic Design phase of the below deliverables (such as 50%SD, 100°%oSD) a. Illustrations and graphic details as required to explain design. b. Conceptual references. c. Preliminary light fixture selection. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@lobsintl.com • www.!c 3/19 Packet Pg. 321 OVERTOWN 9TH STREET I OPR 25056 2.4.c MARCH 28, 2025 B 2.5 Pricing and Cost Estimate a. Provide preliminary lighting equipment budget based on cost/square meters for all areas of L'Observatoire scope. Installation, contractor markups, and branch wiring costs shall be provided by others. b. Assist the Architect in the review of cost estimates. B 3 DESIGN DEVELOPMENT PHASE (DD) L'Observatoire shall provide up to 2 qty milestone submissions within Design Development phase of the Lighting Layouts + Technical Documents (such as 50%DD, 1 00%DD) The Architects shall provide L'Observatoire with all necessary design materials and sign off of previous phase by owner in order for L'Observatoire to meet this deadline at least 2 weeks (10 business days) prior to L'Observatoire's deadline. B 3.1 Work Sessions with the Architects, Client and Engineers a. Maximum of one (1) work session per week included via video and telephone conference with L'Observatoire's Project Manager and/or Technical Expert. Where coordination meetings involve multiple architectural disciplines, L'Observatoire shall attend the portion of the meeting that specifically address lighting issues and associated coordination with the design team. B 3.2 Client Presentation(s) a. One (1) presentation to Client / Owner included. b. Presentation format shall be electronic PDF file. c. One (1) 2D graphic illustration to communicate Phase 1 lighting design intent, produced by L'Observatoire in-house over perspective image provided by Architect. d. Additional presentations, and photorealistic renderings can be organized at the request of the Client and will be invoiced separately. B 3.3 Lighting Layouts Production of initial lighting layout via 2D AutoCAD onto existing architectural plans with lighting symbols for Architects and Electrical Engineers documents. Fixture locations on RCP and elevations will be reviewed by L'Observatoire. L'Observatoire will not be liable for providing fixture count estimates. The CAD layers provided by L'Observatoire for incorporation into Architectural and Electrical Engineering drawings are the following: • OBS-FT-SYM (green) • OBS-FT-REF (magenta) • OBS-FT-TXT (cyan) • OBS-NOTES (cyan) — for all drawing notes • OBS-DIMS (magenta) — for all dimension information • OBS-CONTROLS (cyan) — for all controls information Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@lobsintl.com • www.!c 4/19 Packet Pg. 322 OVERTOWN 9TH STREET I OPR 25056 2.4.c MARCH 28, 2025 B 3.4 Lighting Details and Illustrations a. Illustration and graphic details as required to explain design. b. Sketches of lighting details as required to explain design. These sketches are not intended for formal construction documentation, but for incorporation by the Architect into the drawing set. c. Schematic sketches for FF&E or custom decorative fixtures to be used for design intent: to be further developed by manufacturer. B 3.5 Technical Documents Draft version of the following: a. CSI specifications for inclusion into Construction Document package. b. Lighting fixture schedule and manufacturer cutsheets including: fixture type, fixture description, manufacturer ordering code, lamp type, fixture wattage, voltage, and dimming protocol c. Remote power supply parameters and power supply specification if required for pricing in DD phase. d. Lighting control schedule for the purpose of control intent only, including: control zone (by fixture type), control type (switched or dimmed), estimated electrical loads, and dimming protocol. e. Lighting control system diagram and specification (developed by specified control manufacturer with direction from L'Observatoire) at the conclusion of Design Development showing all salient equipment in the centralized lighting control system such as main processor, electrical panels, user wallstation controls, photosensors, etc. L'Observatoire shall coordinate with the daylighting consultant (if applicable) for integration with electric lighting controls. Electrical Engineer is responsible for local lighting control specification f. Summary of designed lighting loads in PDF format at completion of Design Development to demonstrate compliance with energy code. Architect shall confirm the specific energy code information applicable to the project and relevant to lighting. Electrical Engineer shall finalize all documentation related to energy use for formal DOB / permit submission. g. Draft architectural lighting calculation booklet towards completion of Design Development phase for spaces within L'Observatoire's scope of work. For unique spaces (all exterior site, etc.) a lighting calculation will be provided for each space. For typical spaces that repeat throughout the project, a light level calculation shall be provided for one typical example of each space. For instances utilizing decorative and/or millwork fixtures, these fixtures will be excluded from the calculation unless such fixtures contribute to egress light levels. Architect shall provide 3D model for L'Observatoire's use for lighting calculations. B 3.6 Pricing, Cost Estimate & Value Engineering a. In order for L'Observatoire to be able to design within the parameters of the Client's budget, the Client must provide L'Observatoire with the target lighting budget of uninstalled cost prior to the commencement of Design Development. b. L'Observatoire will provide sufficient documentation that will allow the Owner's cost consultant to perform a cost estimate at 100% DD. L'Observatoire will not be liable for fixture count estimate. c. One value engineering exercise will be undertaken during or following conclusion of Design Development. A value engineering exercise consists of substitutions, reduction and redesign. d. Additional value engineering exercises will be undertaken at the request of the Client and billed at our hourly rates (see Article B 8.5: Additional Services Hourly Rates). Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@lobsintl.com • www.!c 5/19 Packet Pg. 323 OVERTOWN 9TH STREET I OPR 25056 2.4.c MARCH 28, 2025 B 4 CONSTRUCTION DOCUMENTS PHASE (CD) L'Observatoire shall provide up to 2qty milestone submissions within Construction Documents phase of Technical Documents (such as 50%CD and 100°%oCD) and associated review of CD documentation produced by others. B 4.1 Work Sessions with the Architects, Client and Engineers a. Maximum of one (1) work session per week included via video and telephone conference with L'Observatoire's Project Manager and/or Technical Expert. Where coordination meetings involve multiple architectural disciplines, L'Observatoire shall attend the portion of the meeting that specifically address lighting issues and associated coordination with the design team. b. The Project Manager is in charge of continuous design coordination with Principal Herve Descottes. B 4.2 Technical Documents Final version of documents specified in B 3.5 B 4.3 Review of Documents & Electrical Plans a. Review & "red mark" of architectural details and lighting plans related to lighting produced by Architects and Electrical Engineer throughout the Construction Document Phase. B 4.4 Pricing, Cost Estimate & Value Engineering a. Update documentation that will allow the Owner's cost consultant to perform a cost estimate. Provide assistance to the Architect during review of cost estimates. b. L'Observatoire will not be liable for providing fixture count estimate. B 4.5 Mock-ups Studio Mock-ups Foam -core mock-ups to confirm integration of lighting detail and fixture performance, in L'Observatoire's New York City studio are included. On -site Mockups One (1) trip for inspection of the mock-up on -site or in a specified mock-up location is included (any travel expenses shall be billed separately per Article 8.4). L'Observatoire's role in mock-ups is the following: specification of lighting fixtures and assisting architects with fixture positioning (1 trip for 2 people for 2 nights). Additional mock-ups shall be invoiced separately per L'Observatoire's hourly and day rates (Articles 8.5 and 8.6) plus any associated travel expenses per Article 8.4. L'Observatoire requires client pre -approval for additional off -site mockups prior to start of work. L'Observatoire, if purchasing mockup materials, is entitled to full reimbursement by the Client for such equipment. L'Observatoire requires client pre -approval prior to purchasing lighting equipment for mockup reimbursement. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@lobsintl.com • www.!c 6/19 Packet Pg. 324 OVERTOWN 9TH STREET I OPR 25056 2.4.c MARCH 28, 2025 B 4.6 FF&E and/or Custom Decorative Fixtures a. L'Observatoire will specify the tamping components for "ready-made" decorative and/or custom decorative fixtures designed by others. b. The design or customization of fixtures is not included in this scope. However, should the project require independent design of custom light fixtures by L'Observatoire, the design, documentation, and coordination shall be contracted and invoiced separately. c. Decorative fixtures (ready-made or custom) will require UL listing/label (or equivalent from ETL) to comply with local building codes. The actual certification process and certification fees are the responsibility of the specified manufacturer. B 5 BIDDING AND NEGOTIATION (BN) B 5.1 Bidding and Negotiation Attendance and assistance as required for pre -bid process. a. Clarifications of the design intent of the lighting documentation as required by the Client, its Consultants, or the Bidding Contractors. All information given to any Bidder will be recorded in writing and forwarded to the Client for distribution to all Bidders. B 6 CONSTRUCTION ADMINISTRATION PHASE (CA) L'Observatoire's responsibilities for CA phase commences with a formal kick off of the phase, and terminates sixty (60) days after completion of the construction work. B 6.1 Construction Administration a. Review of fixture substitutions to L'Observatoire's specifications. All documentation regarding fixture substitutions must be in English. b. Evaluation as required of Contractor bids for the lighting equipment. L'Observatoire will review up to 3 tender packages. Additional tender packages can be reviewed as an additional service and will be billed following Article B 8.5: Additional Services Hourly Rates. c. Review and approval of the Contractor's shop drawings, samples and other submittals for compliance with the design concept and specifications. d. Review of mock-ups or prototypes of custom fixtures for compliance with design concept. e. Respond to RFI's pertaining to lighting within L'Observatoire's scope areas. f. One (1) site visit and working session on site during construction with Contractor, Architects & Engineers (1 trip for 2 nights for 2 people). All expenses relevant to the trip shall be billed separately per Article 8.4. B 6.2 Revisions of Documentation a. If any estimate, lowest bona fide bid or negotiated proposal to the Owner by the Owner's Cost Estimating Consultant, after completion of Construction Documents, exceeds previously approved estimates or the Owner's budget, and the Owner elects to revise the project scope and quality to reduce construction costs, L'Observatoire shall assist the Architects and the Owner's Cost Estimating Consultant in the development of appropriate recommendations. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@lobsintl.com • www.!c 7/19 Packet Pg. 325 OVERTOWN 9TH STREET I OPR 25056 2.4.c MARCH 28, 2025 b. The revision of the Construction Documents as necessary to implement any change which arises as a result of the Owner's acceptance of any such recommendations or other changes after delivery of 100°%o Construction Documents shall be compensated according to Article B 8.5: Additional Services Hourly Rates. c. All lighting in L'Observatoire scope to be packaged in a maximum of two submittals, one for interior, and one for exterior. d. If lighting controls are within scope, schedule is to be confirmed prior to review. B 6.3 Final Lighting Set-up a. One (1) site visit for final set-up to direct the focusing of the lighting and to direct the programming of the lighting control system following substantial construction completion (1 trip for 2 nights for 3 people). b. During this site visit L'Observatoire shall also review the final lighting installation with a written punch list of items pertaining to lighting submitted to the Client for distribution to affected parties. c. L'Observatoire will oversee and manage the focusing of the lighting fixtures and programming of the lighting controls system, both of which will be done by the electrical team on site. The Contractor will provide all necessary personnel and equipment to do the focusing and programming of the lighting control system. Most of the lighting focusing and controls programming will be carried out after dark. d. Focusing of any area will be undertaken once, with the possibility of one revision per area. In types of spaces that repeat within the site, L'Observatoire will focus one instance of the space, and the electrical team will focus the rest according to L'Observatoire's example. e. Additional light setting visits can be organized at the request of the Client and will be invoiced separately, based on our hourly rates + expenses (see Articles B 8.4 & B 8.5). Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 120 Walker Street, 7E • New York, NY 10013 • Phone +1 212 255 4463 • info@lobsintl.com • www.!c 8/19 Packet Pg. 326 CONSULTING 6853-FLA-INF-25-HOOD-OVERTOWNMIAMI r2 April 2, 2025 Scope of Work 2.4.c This project involves upgrading the external softscape and hardscape elements of 9th St Mall in Overtown, Miami. The scope includes the construction of bespoke sculptures, a reflecting water fountain, and other architectural structures, to be delivered in three phases. Estimate Services: Task 2 — 100% SD Estimate Task 3 — 100% DD Estimate Task 4 — 100% CD Estimate CONSTRUCTION COST & RISK CONSULTANTS 6132 VIREORIDGE DRIVE, LITHIA, FL 33547 TEL: (813) 768-4976 www.dharamconsulting.com Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 327 2.4.c H. VIDAL & ASSOCIATES March 19, 2025 Hood Design Studio Nathan Stanfield 3001 San Pablo Avenue Oakland, CA 94608 H. Vidal & Associates, Inc. MEPFP Consulting Engineering V EMAIL henry@vidalengineering.com ,. PHONE +1 (305) 571-1860 Re Overtown 9th Street Public Realm MEP Engineering Services Proposal Dear Mr. Stanfield: We are pleased to offer our fee proposal to provide MEP Engineering Services for the Overtown 9th Street Public Realm Project. This proposal, upon execution, shall serve as the agreement between Hood Design Studio (the "Client") and H. Vidal & Associates, Inc. (the "Engineer" or "HVA") for the provision of Professional Services (the "Agreement"), with respect to the above referenced Project. I. SCOPE OF SERVICES The Engineer's Basic Services consist of those described in this Section. Services not set forth in this Section are Additional Services. A. Project Description • New construction for an event space/site improvement • Phase I- DD, CD and CA of the following areas: Crown -concession/storage/bathrooms-, Mangrove and Green House • Phase I and II- Utilities Schematic Design, Electrical and Plumbing • Based on information, phone call and PDF's received via email March 19, 2025 — April 7, 2025 B. Construction Documents • Mechanical engineering drawings include equipment selection, air distribution and ventilation, required load and energy calculations and NOAS as applicable. • Crown area • Electrical engineering drawings include service calculations, distribution design and connection to all power, HVAC and lighting equipment • Lighting design and lighting control drawings by others/lighting designer consultant 1 Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 9 241 NW S River Dr, Miami, FL 33128 " ,, Vidalengineering.com Packet Pg. 328 2.4.c • HVA will provide/review basic code compliant power layout • Crown area • Mangroves area- lighting • Green House area- lighting, vendors power • Plumbing engineering drawings include cold/hot water distribution, sanitary for concession area and bathrooms for the crown area. No grease trap at this time. If required in the future, grease trap design to be included as an add service. • Includes 6 design/coordination meetings over the phone or at HVA's office. Additional meetings including site/architect's office meetings available as additional services. C. General Administration • Preparation of CD permit by a Registered Professional Engineer including all necessary calculations and documentation. • Coordination with Architect as project lead and other consultants for completion of construction documents. • Responses to city comments in obtaining permits. Except comments not due to deficiency in code compliance by any work performed by HVA and beyond HVA control/authority which will be considered additional services and billed as additional services. • HVA will submit permit sets of signed and sealed documents following municipality's guidelines. Permit set will be submitted digitally and/or wet seal, PDF's to be sent via email for Client's distribution. • The Engineer shall perform its Services as expeditiously as is consistent with the orderly progress of the Project. The Engineer will commence to perform its Services upon receipt of signed Agreement, retainer payment and all necessary information in connection with the Project as per clients responsibility section below. • Services will be scheduled upon HVA's receipt of signed Agreement and initial/retainer payment. D. Construction Administration • Responses to requests for information -RFIs- from contractors • Review of shop drawings • Site visits/meetings during the construction process for coordination/field observation if requested. • For CA monthly retainer fee, see Base Contract Fee and Payment Schedule section 2 Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 9 241 NW S River Dr, Miami, FL 33128 IT 816 Vidalengineering.co Packet Pg. 329 Hood Design Studio Overtown 9th St. Public Realm Schematic Design Proposal Client: Miami SEOPW 2.4.c Consultant Name MVA Projects Discipline Architect of Record Scope of Work MVA has been requested to provide architectural services for (4) new one-story individual buildings in an overall area "The Crown" that is approx 100' x 50' at the above -referenced location. The Project shall consist of: Room 1: Conditions concession stand Power and potable water required No grease trap/kitchen Room 2: 2 stall unisex bathroom Air conditioned (minisplits) Room 3: Pump Control room (pool irrigation + lighting control) Room 4: Storage Stage Schematic Design Phase_ Based on zoning and any adjustments authorized by the Owner in the program schedule, MVA shall prepare, for approval by the Owner, Schematic Design Documents consisting of schematic drawings and other documents to fix and describe the size and character of the Project as it relates to the preliminary architectural elements. Drawings shall include but are not limited to: Deliverables: a. Site/Overall floor plans typical or otherwise b. Building Sections c. Building Elevations c. Up to three (3) meetings with Design Architect and Owner for up to two (2) hours each. Design Development Ph. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 3/10/25 Packet Pg. 330 Hood Design Studio Overtown 9th St. Public Realm Based on the approved Schematic Design Package and any adjustments authorized by the Owner in the program schedule, MVA shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as it relates to the preliminary architectural, materials and such other elements as may be appropriate at this phase. Schematic Design Proposal Client: Miami SEOPW Deliverables: a. Site/overall floor plans typical or otherwise b. Reflected ceiling plan preliminary layout c. Building elevations d. Building sections e. General construction details as it relates to this phase f. Up to two (2) meetings with Owner for up to two (2) hours each in MVA offices. Any additional meetings requested shall be billed as additional services. Based on the approved Design Development Documents and any minor reasonable adjustments in the scope or quality of the Project authorized by the Owner, MVA shall prepare Construction Documents consisting of Drawings setting forth in detail the requirements for the construction of the Project. Deliverables: a. Building submittal set to include the necessary drawings for a building submittal — "Builder's Set" for permit submission, bid tender and construction phase services. b. Attendance at up to three (3) progress/coordination meetings for up to two (2) hours each with Owner and Owner's design consultants. Any additional meetings requested shall be billed as additional services. c. Owner requested changes after Design Development approval related to project scope and/ or value design implementation will be an additional cost during this phase. 1 Following the Owner's approval of the Architectural Construction Documents, MVA may assist the Owner by providing the following: Deliverables: The MVA may assist the Owner in bidding and negotiations of the Project by: a. MVA may assist Owner responding to bidding inquiries from selective GC's providing additional information regarding basis of Architectural intent and Concept indicated on the Construction Documents. 2.4.c Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 3/10/25 Packet Pg. 331 Hood Design Studio Overtown 9th St. Public Realm b. MVA shall make available bidding documents for Owners use and distribution for potential bidders. Bidding documents shall be made available digitally in PDF format. Schematic Design Proposal Client: Miami SEOPW 1.6 Construction administration 1.6.1 General: MVA shall advise and consult with the Owner during the Construction Phase Services. MVA shall not have control over, charge of, or responsibility for the construction means, methods, techniques, schedules, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall MVA be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Construction Documents. MVA shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. The Architect shall not be responsible for the Contractors' schedules or failure to carry out the Work or to meet their schedules for delivery or completion in accordance with the Contract Documents. MVA's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date MVA reviews the final Certificate for Payment and/ or issues certificate of substantial completion with TCO request letter, whichever occurs first. 1.6.2 Evaluations of the Work: MVA shall visit the site at intervals appropriate to the stage of construction, not to exceed two (2) site visits per month, for up to two (2) hours per visit during the Construction Phase, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work actually observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the architectural design intent. MVA shall not exceed up to forty (40) total hours per month to include site visits, RFI review and response, submittals, drawing updates, meetings and plan markups, unless excess hours are authorized by Owner. All work shall be done in one (1) phase and not fast -track Construction Phase Services. MVA shall not be required to inspect the quality or quantity of the Work but will only observe the Work to determine if it is generally progressing in accordance with the architectural design intent. On the basis of the site visits, MVA shall keep the Owner reasonably informed regarding Architect's observations of completed Work, and report to the Owner (1) known deviations from the Construction Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies in the Work which MVA actually observes. MVA has made no representations and is not responsible for the existing structure, including without limitation the manner in which it was constructed, design and/or construction deficiencies within the structure, whether latent or patent, the code compliance of the structure, or whether it is compatible with current drawings and design. 2.4.c Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 3/10/25 Packet Pg. 332 Hood Design Studio Overtown 9th St. Public Realm Full Phase Proposal Client: Miami SEOPW 2.4.c Consultant Name Schuler Shook Discipline A/V Design Scope of Work user meetings narrative A/V Details Coordination with of systems with design team A/V Layouts A/V equipment package Portable Equipment A/V Layouts A/V equipment package Portable Equipment RFI's Submittals Presentation One night site visit SD Flight, Hotel Meals two trips two nights CA Design Services Site sound / background music for the complete area as desired AV control systems Infrastructure for a portable outdoor stage at The Crown including: Power and data for portable audio / video system Production video and audio monitoring systems if applicable Production communications / intercom systems AV infrastructure Microphones and portable AV equipment Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) 04/08/25 Packet Pg. 333 2.4.c Overtown 9th Street Miami, FL ETM Associates Fee Proposal April 4, 2025 1.1. Review Schematic Design drawings and provide analysis on 0+M issues associated with SD. 1.2. Develop 0+M Costs 1.3 Prepare SD 0+M Strategy 2.1. Revise and Update Maintenance Needs Associated with DD Documents. 2.2. Update DD O+M Costs 2.3 Revise DD O+M Strategy 3.1. Revise and Update Maintenance Needs Associated with CD Documents. 3.2. Finalize CD O+M Costs 2.3 Finalize O+M Strategy Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 334 Fee Proposal 2.4.c APPENDIX C Consultant Team: Design, Engineering and Art Fees 4/1-7/1 7/1-12/1 12/1-6/1/26 COMPANY NAME DISCIPLINE Schematic Design (design and reimbursables, both phases) Technical Drawings (design and relmbursables, phase 1) CA + Bid (design and relmbursables, phase 1) Total $ 1,173,000 $ 44,000 $ 179,000 $ 44,000 $ 32,000 $ 267,000 $ 360,000 $ 110,000 $ 49,680 $ 100,270 $ 63,682 $ 67,250 $ 110,750 $ 31,800 $ 61,360 3 month 5 month 6 month HOOD Architecture / Landscape Lead & Prime $ 362,000 $ 463,000 $ 348,000 Public Art* $ 44,000 $ - $ - Langan Civil Engineering $ 46,500 $ 76,000 $ 56,500 Geotechnical Engineering $ 44,000 $ - S - Traffic Engineering $ 32,000 $ - $ - Tipping Structural Engineering $ 75,000 $ 150,000 $ 42,000 Naturalfic al Landscape Architect of Record & Irrigation $ 60,000 $ 240,000 $ 60,000 Formation Signage and Wayfinding $ 28,000 $ 57,000 $ 25,000 Delta Fountains Water Feature $ 3,800 $ 25,680 $ 20,200 L'Observatoire Lighting $ 28,760 $ 54,210 $ 17,300 Dharam Cost Estimator $ 18,178 $ 45,504 $ - Vidal Associates Mechanical, Electrical, Plumbing Engineering $ 11,000 $ 28,500 $ 27,750 MVA Architect of Record (Crown) $ 15,000 $ 70,750 $ 25,000 Schuler Shook AV Consultant $ 4,800 $ 15,000 $ 12,000 ETM Associates Operations + Maintenance $ 22,940 $ 30,380 $ 8,040 ME Fees+Art $ 795,978 $ 1,256,024 $ 661,790 Notes: *: 3 picks, 4 mangroves, 8 lifted trees. Design, engineering, and consultation at a schematic level only (does not include fabrication, shipping install) Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) HOOD 9 Packet Pg. 335 Fee Proposal 2.4.c APPENDIX D Schedule Established on desired design duration. Consultants not responsible for schedule extensions due to typical permit processing times. Schematic Design Design Development Construction Documents Construction Adminstration 2025 A.r Ma June July Aug SD: 3 months Structures Fabrication Shop Drawings Scup!tura Fabrication APPENDIX E 2026 Sep Oct Nov Dec Jan Feb Mar Apr May June DD: 2.5 months Fabrication CD: 2.5 months Delivery + Install Shop Drawings Fabrication SUBMIT FOR SITE PERMIT CA: 5 months SUBSTANIAL COMPLETION Consultancy's Agreement I. CONSULTANT'S PROFESSIONAL SERVICES AND RESPONSIBILITIES 1. Consultant's scope of professional services to the Client shall consist of Landscape Design and Concept Master Planning Consulting Services as described in this Proposal. 2. Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Consultant shall submit for the Client's approval a schedule for the performance of Consultant's services which shall initially be consistent with the time periods established by the Client at the beginning of the Project and which shall be adjusted as necessary as the Project proceeds. This schedule shall include allowances for periods of time required for the Client's review and for the performance of the Client's consultants. Approval of submissions by local public authorities having jurisdiction over the Project are anticipated at this phase. The Client shall not unreasonably withhold consent to Consultant's requested adjustments nor shall Consultant be held liable for any delays to the schedule that occurred for reasons outside of Consultant's control. Consultant shall be entitled to rely on the accuracy and completeness of services and information furnished by the Client. Consultant shall provide prompt written notice to the Client if Consultant becomes aware of any errors, omissions or inconsistencies in such services or information. 3. Consultant shall be entitled to rely on the accuracy and completeness of services and information furnished by the Client. Consultant shall provide prompt written notice to the Client if Consultant becomes aware of any errors, omissions or inconsistencies in such services or information. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) HOOD 10 Packet Pg. 336 2.4.c Fee Proposal 4. Consultant will use the site survey to be provided by the Client. Consultant suggests the Client to procure an up-to-date survey prior to beginning design development phase. II. RESPONSIBILITIES OF THE CLIENT 1 The Client shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Client shall provide to Consultant, information necessary and relevant for Consultant to evaluate and act upon, including site survey and existing architectural drawings. Client acknowledges and agrees that Consultant cannot begin providing services until this information is received. 2. The Client shall furnish tests, inspections and reports if required by law or existing conditions or the scope of work, such as structural, chemical, or geological tests, tests for air, water or soil pollution, recycled water, or hazardous materials. Soils and recycled water test are anticipated as a necessary early evaluation component of the project. 3. The Client shall provide prompt written notice to Consultant if the Client becomes aware of any fault or defect in the Project, including any errors, omissions, or inconsistencies in Consultant's drawings, correspondence or documents. III. SUSPENSION 1. If the Client fails to make payments to Consultant in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at Consultant's option, cause for suspension of performance of services. If Consultant elects to suspend services, Consultant shall give seven days written notice to the Client, prior to suspension of services. In the event of a suspension of services, Consultant shall have no liability to the Client for delay or damage caused the Client because of such suspension of services. If the Project has been suspended for less than 30 consecutive days due to non-payment and Client desires Consultant resume services, Consultant shall be compensated for expenses incurred in the interruption and resumption of Consultant's services, including a restart fee of $5,000. If the Project is suspended for more than 30 consecutive days due to non-payment, Consultant shall be compensated for services performed prior to notice of such suspension. III. RE -MOBILIZATION 1. If the project is put on hold for more than 60 days by the Client, when the Project is resumed, Consultant shall be compensated for expenses incurred in the interruption and resumption of Consultant's services, including a re -mobilization fee of $15,000. Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) HOOD 11 Packet Pg. 337 2.4.c Fee Proposal III. TERMINATION 1. Should one party fail to substantially perform the terms of this Agreement, the conforming party, without prejudice to any other remedy available and after giving the other party seven days' notice, may terminate this Agreement for cause. When the Client terminates this Agreement for cause, the Consultant shall be entitled to receive further payment for services completed. If the Client exercises its right to terminate this Agreement for convenience without cause prior to the commencement of the Services, the Consultant shall be entitled to receive its actual reasonable and documented out-of-pocket expenses incurred through the date of such termination for services performed plus 20% of the cost of the services performed for overhead and profit, less any payments made to the Consultant prior to termination. If the Client exercises its right to terminate this Agreement for convenience without cause following the commencement of the services, the Client shall pay the Consultant for services executed; costs incurred by reason of such termination, including costs attributable to termination of subcontracts; and a termination fee, if any, equal to the reasonable profit and overhead that the Consultant would have received had the Client not terminated this Agreement, which shall be calculated as 20% of the Contract Price, less any payments already received at or prior to the time of termination. IV. REPRODUCTION AND INFORMATION 1. The Client shall furnish at his expense to Consultant all technical memoranda and any other information required for Consultant's services. 2. Consultant shall furnish information and progress reproductions of its work at the request of the Client. Methods of presentation shall include digital PowerPoint or PDF presentations in 11x17 or letter format. 3. Final reproductions and documents furnished to other Consultants selected by the Client shall be paid for by the Client. V. ASSIGNMENT AND DELEGATION Consultant shall not assign any rights or delegate their duties under this Agreement without the written consent of the Client. The Client and Consultant bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. VI. MISCELLANEOUS PROVISIONS 1 This Agreement shall be governed by the law of the place of the Project. 2. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by mediation and arbitration. A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. The parties to this Agreement shall share the mediator's fee and any Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) HOOD 12 Packet Pg. 338 Fee Proposal 2.4.c filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Claims not resolved by mediation shall be decided by arbitration. All claims for mediation or arbitration shall be filed in accordance with the Rules of the American Arbitration Association. For claims of less than $75,000, American Arbitration Association fast truck rules will be employed. VI. COPYRIGHT CLAUSE FOR NON-PAYMENT 1. All works, including but not limited to drawings, plans, designs, and digital materials ("Works"), created by the Consultant, remain the copyright of the Consultant until full payment has been received for the agreed -upon services. 2. Until full payment has been received by the Consultant, the Client shall not have the right to reproduce, distribute, publicly display, create derivative works, or construct from the Works without the express written permission of the Consultant. 3. This license does not include the right to create three-dimensional works or to reproduce the Works for merchandising purposes. Any rights to reproduce the work three- dimensionally or to merchandise the Works must be established pursuant to a separate agreement with the Consultant. 4. If the Client fails to complete the payment for the agreed -upon services within the specified time period, the Consultant retains the right to terminate this agreement and retain any payments made until that point as compensation for the time and resources expended on the Works. 5. The Client acknowledges and agrees that in case of non-payment, the Consultant may pursue any legal or equitable remedies for enforcement of these rights. VII. NON -WARRANTY Consultant will prepare findings and technical memoranda or drawings and documents in accordance with generally accepted professional practices for the intended use of the project and Consultant makes no warranty either express or implied. VIII. OWNERSHIP OF DOCUMENTS 1. Drawings, specifications, and other documents, including those in electronic form, prepared by Consultant are Instruments of Service for use solely with respect to this Project. Consultant shall be deemed the author and owner of their Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 2. Upon execution of this Agreement, Consultant grants to the Client a nonexclusive license to reproduce Consultant's drawings and other graphic exhibits for purposes of fundraising, promotion, and grant Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) HOOD 13 Packet Pg. 339 2.4.c Fee Proposal application, provided that the Client complies with all obligations, including prompt payment of all sums when due, under this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Client shall refrain from making further reproductions of Instruments of Service and shall return to Consultant within seven days of termination all originals and reproductions in the Client's possession or control. 3. Consultant shall have the right to include photographic or artistic representations of the design of the project among Consultant's promotional and professional materials. The Client shall provide professional credit for the Consultant in the Client's promotional materials for the Project. IX. SCOPE OF AGREEMENT This Agreement and the Fee Proposal constitute the entire Agreement between the parties and there are no conditions, agreements or representations between the parties except as expressed herein. It is not the intent of the parties to the Agreement to form a partnership or joint venture. Date: IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. "CLIENT" Southeast Overtown/Park West Community Redevelopment Agency By: Name: Title: "CONSULTANT" HOOD DESIGN STUDIO, INC. a California S Corporation By: Name: Title: Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) HOOD 14 Packet Pg. 340 04/11/25 Hood Design St Crown Overtown: Design & Engineering Fee Analysis Haag The below fee analysis contextualizes the magnitude and distribution of consultant team fees for the Overtown 9th Street Public Realm project, relative to projects of similar area and complexity. Concept and Schematic Design encompass Phase 1 and 2, while Design Development through Construction Administration encompasses only Phase 1. Assumptions: - Cost of Construction for Design Phases: 22 million for SD, 15 million for Phase 1 - Expedited Duration of Design and Construction Phases requires more staffing - Hood Design Studio's typical fee breakdown by phases - Total consultant fees as a percent of construction cost range between 15 to 20% for projects of a similar magnitude and complexity where Hood is a prime consultant - The Schematic Design Art Fees have been separated from the A/E Fees for this analysis Design Development + Schematic Construction Construction Concept Design Design Documentation Administration Total completed 3 month 5 month 6 month A/E Fees $ 320,000 $ 751,978 $ 1,256,024 $ 661,790 Assumed Construction Cost $ 22,000,000 $ 22,000,000 $ 15,000,000 $ 15,000,000 Average Soft Cost of Construction $ 3,850,000 $ 3,850,000 $ 2,625,000 $ 2,625,000 HOOD Soft Cost distribution per phase 10% 20% 45% 25% 100% Fee Target (per phase) $ 385,000 $ 770,000 $ 1,181,250 $ 656,250 $ 2,992,500 HOOD Fee (per phase) $ 320,000 $ 751,978 $ 1,256,024 $ 661,790 $ 2,989,792 Difference from target $ 65,000 $ 18,022 $ (74,774) $ (5,540) $ 2,708 Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) Packet Pg. 341 5/12/25, 11:02 AM Re: CRA and HOOD: Overtown Check -In - Zeltsman, Brian - Outlook 2.4.c Outlook Re: CRA and HOOD: Overtown Check -In From Michael DeGregorio <michael@hooddesignstudio.com> Date Tue 5/6/2025 3:01 PM To Zeltsman, Brian <BZeltsman@miamigov.com>; Nathan Stanfield <nathan@hooddesignstudio.com> Cc Sangster, Natalya <NaSangster@miamigov.com>; Rolle, Danyel <DRolle@miamigov.com> CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hey Brian Just an update here: 1. We've reduced fees to be within the fee target you identified. See a snippet below. NOTE: this is in progress, but want to show we are targeting being under $2.4M. 2. We also (informally) notified the key consultant teams that the schedule will not target June 2026 for construction completion of phase 1. 3. We'd like to discuss a realistic schedule moving forward. We assume SD phase stays the same, but can mock up what we're thinking to discuss. 4. Given a bit of breathing room, we think we can use the June in -person workshop to cover a lot of ground and do not need any big intermediate meetings with CRA. Let me know if this is OK with you. 5. I'm out of the office for 3 weeks starting next Monday. Alma and Nate have everything fully covered. Shoot me a text if it's helpful for you to have a phone call before I head out on vacation. I'm curious when you're bringing this for approval. Thanks! Attachment: File # 17730 - Backup (17730 : First Amendment to the Professional Services Agreement with Hood Design Studio, Inc.) about:blank?windowld=SecondaryReadingPane8 Packet Pg. 342 2.4.c COMPANY NAME HOOD Langan Tipping Naturalficial Formation Delta Fountains L'Observatair Dharam Vidal Associates The Hall Group Schuler Shook ETM Associates Schematic Design (design and reimbursable s, both phases) 3 month 287,000 44,000 45,500 44,000 32,000 27,000 60,000 22,000 3,800 25,000 18,178 Revised Fee Table after Negotiations Technical Drawings (design and reimbursabl es, phase 1) 5 month $ $ $ $ 387,400 69,100 170,300 230,000 57,000 25,680 50,000 45,504 11,000 $ 28,500 15,000 $ 4,800 CA+Bid (design and reimbursab les, phase 1) 6 month $ $ $ $ $ $ e f o"l i10 15,000 DISCIPLINE Architecture / Landscape Lead & Prime Public Art* Civil Engineering Geotechnical Engineering Traffic Engineering Structural Engineering Landscape Architect of Record & Irrigation Signage and Water Feature Lighting Cost Estimator Electrical, Plumbing Engineering Architect of Record (Crown) AV Consultant Operations + Maintenance 264,000 55,400 43,000 70,000 25,000 20,200 15,000 27,750 n_ non 12,000 5,100 Total $ $ $ $ 938,400 44,000 170,000 44,000 32,000 240,300 360,000 104,000 49,680 90,000 63,682 $ 67,250 $ 31,800 $ 49,650 Phases to be included in this funding Resolution (Schematic Design, Construction Documents, Bidding, & Permitting) Total: $1,932,312 (12.8% of anticipated $15M Project) CA Only (design and reimbursables, Bid/Permit Only phase 2) $ $ $ $ $ $ 42,000 $ 222,000 $ 20,200 $ 35,200 - $ - $ 8,000 $ 35,000 30,000 $ 40,000 5,000 $ 20,000 3,800 $ 16,400 $ 15,000 27,750 1,000 $ 11,000 5,100 Packet Pg. 343 2.5 SEOPW Board of Commissioners Meeting June 17, 2025 SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Christine King Date: June 12, 2025 and Members of the CRA Board File: 17731 From: James McQueen Executive Director Subject: Authorize Executive Director to Negotiate and Execute Purchase and Sale of 936 Northwest 3rd Avenue Enclosures: BACKGROUND: A Resolution of the Board of Commissioners ("Board") of the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA"), authorizing the Executive Director to negotiate and execute a Purchase and Sale Agreement ("Agreement"), in a form acceptable to Counsel, between the SEOPW CRA and Shirlene Ingraham, as Trustee under the Shirlene Ingraham Family Trust, and J.E.J Properties, Inc. (collectively, the "Seller"), for the acquisition of the real properties located at 936 Northwest 3rd Avenue and 950 Northwest 31d Avenue, Miami, Florida 33136 (Folio No. 01-3137-035- 0010) (collectively, the "Properties"), containing an approximate total adjusted area of 3,826 square feet, as legally described, for a total purchase price not to exceed the appraised value of the Properties, contingent upon the SEOPW CRA obtaining a written appraisal from a licensed Florida appraiser, plus the cost of a survey, environmental report, title insurance, and related closing costs associated with the acquisition, pursuant to Section 163.370, Florida Statutes, and the SEOPW CRA Redevelopment Plan, with the option to re -purchase the Properties at a later date ("Purpose"), authorizing Counsel to engage Marlon A. Hill of Weiss Serota Helfman Cole & Bierman, P.L., as Outside Counsel, for the representation of the SEOPW CRA on all matters related to a title commitment and policy, a Phase I Environmental Site Assessment Report (and Phase II, if required), a survey, and representation at closing. Currently, the SEOPW CRA owns four (4) parcels of land at 318 Northwest 10th Street, Miami, Florida 33136 (Folio Nos. 01-0102-070-1040; 01-0102-070-1041; 01-0102-070-1042; and 01-0102-070-1043), which is slated for future development. The SEOPW CRA wishes to acquire the real properties abutting the aforementioned parcels, currently owned by Shirlene Ingraham, as Trustee under the Shirlene Ingraham Family Trust, and J.E.J Properties, Inc. (collectively, the "Seller"), located at 936 Northwest 3rd Avenue and 950 Northwest 3rd Avenue, Miami, Florida 33136 (Folio No. 01-3137-035-0010) (collectively, the "Properties"), where the SEOPW CRA plans to develop the Properties to enhance the quality of life in the surrounding area and address slum and blight. Packet Pg. 344 25 It is recommended that the Board approve the attached Resolution, authorizing the Executive Director to negotiate and execute a Purchase and Sale Agreement with the Seller for the Purpose stated herein. JUSTIFICATION: Pursuant to Section 163.340(9), Florida Statutes (the "Act") community redevelopment means "undertakings, activities, or projects of a ... community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight...." Pursuant to Section 163.370, Florida Statutes, the SEOPW CRA is authorized to acquire by purchase real property within the Redevelopment Area. Section 2, Goal 4 of the 2018 Southeast Overtown/Park West Community Redevelopment Agency Plan Update (the "Plan") encourages "[i]mprov[ing] the quality of life for residents" as a stated redevelopment goal. Lastly, Section 2, Principle 14 of the Plan emphasizes efforts to "[r]estore a sense of community and unify the area culturally" as a stated redevelopment principle. FUNDING: This Resolution does not commit any funding at this time. FACT SHEET: Individual/Entity name: Shirlene Ingraham, as Trustee under the Shirlene Ingraham Family Trust, and J.E.J Properties, Inc. Property Address: 936 Northwest 3'd Avenue and 950 Northwest 3rd Avenue, Miami, Florida 33136 (collectively, the "Properties). Summary: The Executive Director proposes acquisition of the Properties. The SEOPW CRA's estimated total cost for the acquisition of the Properties will not exceed the appraised value, plus the cost of a survey, environmental report, title insurance, and related closing costs associated with said acquisition. Page 2 of 6 Packet Pg. 345 2.5 AGENDA ITEM FINANCIAL INFORMATION FORM SEOPW CRA CRA Board Meeting Date: June 17, 2025 CRA Section: Approved by: Executive Director 6/5/2025 Approval: Miguel A Valcntlrk, Finance Officer 6/5/2025 Page 3 of 6 Packet Pg. 346 2.5 Southeast Overtown/Park West Community Redevelopment Agency File Type: CRA Resolution Enactment Number: File Number: 17731 Final Action Date: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO COUNSEL, BETWEEN THE SEOPW CRA AND SHIRLENE INGRAHAM, AS TRUSTEE UNDER THE SHIRLENE INGRAHAM FAMILY TRUST, AND J.E.J PROPERTIES, INC. (COLLECTIVELY, THE "SELLER"), FOR THE ACQUISITION OF THE REAL PROPERTIES LOCATED AT 936 NORTHWEST 3RD AVENUE AND 950 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA 33136 (FOLIO NO. 01-3137-035-0010) (COLLECTIVELY, THE "PROPERTIES"), CONTAINING AN APPROXIMATE TOTAL ADJUSTED AREA OF 3,826 SQUARE FEET, AS LEGALLY DESCRIBED, FOR A TOTAL PURCHASE PRICE NOT TO EXCEED THE APPRAISED VALUE OF THE PROPERTIES, CONTINGENT UPON THE SEOPW CRA OBTAINING A WRITTEN APPRAISAL FROM A LICENSED FLORIDA APPRAISER, PLUS THE COST OF A SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE, AND RELATED CLOSING COSTS ASSOCIATED WITH THE ACQUISITION, PURSUANT TO SECTION 163.370, FLORIDA STATUTES, AND THE SEOPW CRA REDEVELOPMENT PLAN, WITH THE OPTION TO RE -PURCHASE THE PROPERTIES AT A LATER DATE ("PURPOSE"); AUTHORIZING COUNSEL TO ENGAGE MARLON A. HILL OF WEISS SEROTA HELFMAN COLE & BIERMAN, P.L., AS OUTSIDE COUNSEL, FOR THE REPRESENTATION OF THE SEOPW CRA ON ALL MATTERS RELATED TO A TITLE COMMITMENT AND POLICY, A PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORT (AND PHASE II, IF REQUIRED), A SURVEY, AND REPRESENTATION AT CLOSING; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO COUNSEL, FOR THE PURPOSE STATED HEREIN; PROVIDING FOR THE INCORPORATION OF RECITALS AND AN EFFECTIVE DATE. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its redevelopment area ("Redevelopment Area") in accordance with the 2018 Updated Southeast Overtown/Park West Redevelopment Plan (the "Plan"); and WHEREAS, Section 163.370, Florida Statutes authorizes the SEOPW CRA to acquire by purchase real property within the Redevelopment Area; and WHEREAS, Section 2, Goal 6 of the Plan encourages "[i]mprov[ing] the quality of life for Page 4 of 6 Packet Pg. 347 2.5 residents" as a stated redevelopment goal; and WHEREAS, Section 2, Principle 14 of the Plan emphasizes efforts to "[r]estore a sense of community and unify the area culturally" as a stated redevelopment principle; and WHEREAS, the SEOPW CRA currently owns four (4) parcels of land at 318 Northwest 10th Street, Miami, Florida 33136 (Folio Nos. 01-0102-070-1040; 01-0102-070-1041; 01-0102-070-1042; and 01-0102-070-1043); and WHEREAS, the SEOPW CRA wishes to acquire the real properties abutting the aforementioned parcels, currently owned by Shirlene Ingraham, as Trustee under the Shirlene Ingraham Family Trust, and J.E.J Properties, Inc. (collectively, the "Seller"), located at 936 Northwest 3rd Avenue and 950 Northwest 31d Avenue, Miami, Florida 33136 (Folio No. 01-3137-035-0010) (collectively, the "Properties"), containing an approximate total adjusted area of 3,826 square feet, as legally described; and WHEREAS, pursuant to Section 163.370, Florida Statutes and the Plan, the SEOPW CRA plans to develop the Properties to enhance the qualify of life in the surrounding area and address slum and blight; and WHEREAS, the SEOPW CRA's estimated total cost for the acquisition of the Properties will not exceed the appraised value, an amount contingent upon the SEOPW CRA obtaining a written appraisal from a licensed Florida appraiser, stating the appraised value of the Properties, plus the cost of a survey, environmental report, title insurance, and related closing costs associated with the acquisition; and WHEREAS, the SEOPW CRA anticipates engaging Marlon A. Hill of Weiss Serota Helfman Cole & Bierman, P.L., to assist Counsel with the representation of the SEOPW CRA on all matters related to a title commitment and policy, a Phase I Environmental Site Assessment Report (and Phase II, if required), a survey, and representation at closing; and WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the SEOPW CRA redevelopment goals and objectives; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Executive Director is hereby authorized to negotiate and execute an agreement, in a form acceptable to Counsel, between the SEOPW CRA and Seller for the acquisition of the Properties for a total purchase price not to exceed its appraised value, an amount contingent upon the SEOPW CRA receiving a written appraisal from a licensed Florida appraiser. Section 3. The Executive Director is hereby further authorized to negotiate and execute any and all necessary documents, all in forms acceptable to Counsel, as may be necessary to effectuate said acquisition. Section 4. The Executive Director shall issue a report on the status of this potential acquisition within 14 days of the passage of this resolution. Page 5 of 6 Packet Pg. 348 2.5 Section 5. The SEOPW CRA Counsel is hereby authorized to engage Marlon A. Hill of Weiss Serota Hellman Cole & Bierman, P.L., for the representation of the SEOPW CRA on all matters related to a title commitment and policy, a Phase 1 Environmental Site Assessment Report (and Phase II, if required), a survey, and representation at closing. Section 6. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the Executive Director, or the Executive Director's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 7. This Resolution shall become effective immediately upon its adoption APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ounsel 6/5/2025 Page 6 of 6 Packet Pg. 349