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HomeMy WebLinkAboutDDA PSAHolland & Knight 701 Brickell Avenue, Suite 3000 1 Miami, FL 33131 1 T 305.374,8500 1 F 305,789,7799 Holland & Knight LLP I www.hklawcorn Joseph G. Goldstein 305-789-7782 Joseph,Goldsteln@hklaw,corn Tracy R. Slavens 305-7897642 Tracy,5lavens@hk1aw,corn 9939�' N � M DATE: April 4, 2014 TO: Ms. Alyce Robertson Mr, Javier Betancourt Miami Downtown Development Authority FROM: Joseph G. Goldstein, E5sq, Tracy R. Slavens, Esq.' f-5--- CC: Mr. Paul Lambert Lambert Advisory Mr. Aaron Buchler Kimley-Horn and Associates RE: Downtown DRI Increment III Professional Services Agreements Dear Alyce and Javier, Enclosed please find the signed Professional Services Agreement between the DDA and Holland & Knight LLP. On behalf of our team, thank you for selecting us to represent you through this process. We are ready to get the approval process underway and would like to schedule a kickoff meeting or conference call with you as soon as possible. Please let us know what your availability is, We sincerely look forward to working with you. You may contact us at anytime should you have any questions, #28970350vl PROFESSIONAL SERVICES AGREEME—NT r11 This Agreement is entered into tbis._l day of, +2014 but V -- effective as of 2014 ("Effective Date"), by and between the Downtown Development Authority of the City of Miami, an independent agency and instrumentality of the City of Miami ("DDA") and Holland & Knight LLP ("Provider"). RECITALS. A. WHEREAS, the DDA's mission is to grow, strengthen and promote the economic health and vitality of Downtown Miami; and B. WHEREAS, the DDA has been the primary applicant and manager of the City of Miami Downtown Development of Regional Impact ("DDRI"); and C. WHEREAS, the DDA has issued a Request for Qualifications for the preparation and processing of the approval of Increment III of the DDRI; and D. WHEREAS, the Provider, along with Kimley Horn and Lambert Advisors as its subcontractors (the "Team"), was selected by the DDA to complete this task, NOW, THEREFORE, in consideration of the mutual covenants and promises. herein contained, Provider and DDA agree as follows: 'PERMS: I EEC L11ALS, The recitals are true and correct and are hereby incorporated into and made a part of this Agreement, 2, TERM- The initial term of this Agreement shall commence on the Effective Date and shall continue until completion of the Services provided in Attachment "A" and approval by the Executive Director. 3. SCOPE OF EMICE: Provider agrees to provide the Services as specifically described in Attachment "A" which by this reference is incorporated into and made a part of this Agreement. It is expressly understood by the parties that the Provider's client is the I DDA, solely the DDA and not the City of Miami. The parties further recognize that the Provider and the Team represent other individuals and entities before the City of Miami administration, lesser Boards and the City of Miami Commission, It is expressly understood that the Provider and the Team can continue with such existing representations and may undertake future representations before same. The Executive Director shall be the contact for the Provider and all actions shall be at the direction of the Executive Director or her design6e. Provider represents and warrants to DDA that: (i) it, along with the other members of the Team, possesses all qualifications, licenses and expertise required for the performance of the Services;.(ii) it is not delinquent in the payment of any sums due DDA or the City of Miami ("City"), including payment of permits fees, occupational licenses, etc,, nor in the performance of any obligations to DDA, (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will. be performed in the manner and in the time period described in Attachment "A", The parties agree that Provider may perform certain services through other firms or entities, which have been engaged by the Provider as subcontractors to perform said Services. Provider agrees that all additional subcontractors shall first be approved by the DDA. Notwithstanding DDA'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 Provider had provided said Services. 4. COMPENSATION: A. The amount of compensation payable to Provider shall be $375,875 per the Scope of Services under "Fees", Provider shall invoice DDA for Services performed on a task basis as outlined on Attachment "A". Additional Rinds may be available at the 2 discretion of the Executive Director and/or Board approval. The DDA shall also be responsible for associated costs, including photocopying and agency filing fees. B, Provider will send a monthly invoice which provides the percentage of each task accomplished during that period. Payment shall be made within (30) days after receipt of Provider's invoice request for payment and accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should DDA require one to be performed. Provider shall not submit more than one (1) request for payment per month for matters within the attached Scope of Services. Additional invoices may be provided for the performance services that are related to the DDRI but not a direct part of the processing of the DDRI, as discussed in the attached Scope of Services. 5. OWNERSHIP OF DOCUMENTS: Upon termination of this Agreement for any reason whatsoever, Provider shall promptly return to DDA originals or copies of any and all records, files, notes, contracts, memoranda, reports, work product and similar items and any manuals, drawings, sketches, plans, tape recordings, computer programs, disks, cassettes, and other physical representations of any information relating to DDA or to the business of DDA; 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. Provider hereby acknowledges that any and all such items, physical representations and information that DDA has provided to Provider or that is prepared by Provider while acting as a consultant to DDA shall remain at all times, the sole property of DDA, but it is further agreed that with respect to work product created by Provider for DDA or any of its representatives or advisors ("Work Product"), Provider shall be entitled to retain copies of all such Work Product, and that nothing herein shall prohibit Provider from re -using Work Product it develops in the course of its work for DDA to the extent such Work Product does not contain confidential or proprietary information about DDA. 6. AUDIT AND INSPECTI RIGH S: A. DDA may, at reasonable times, and for a period of up to three (3) years following the date of final payment by DDA 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 conclusion of the representation under this Agreement, 7. AWARD OF AGREEMENT: Provider represents and warrants to DDA that it has not employed or retained any person or company employed by DDA 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. PUBLLC _REQORDS: Provider understands that the public shall have access, at all reasonable times, to all documents and information pertaining to DDA contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to provide copies of any documents subject to such disclosure and requested by DDA to DDA so as to allow DDA to provide access to the public of such documents subject to disclosure tinder applicable law, Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by DDA. 9. COMPLIANCE WITH FEDERAL STATE AND LOCAL LAW Provider -understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. DDA and Provider agree to comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. 10. INDEMNIFICATIMN: The Provider agrees to indemnify, defend and hold harmless DDA and its directors, officials, employees and agents (collectively referred to as "Indemnities") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses or liabilities (collectively referred to as "Liabilities"), resulting from, or in connection with (i) the performance or non-performance of the Services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any negligent act, negligent omission, default or other negligence (whether active or passive) of Provider or its employees, loyees, agents or subcontractors (collectively referred to as "Provider"), or (ii) the failure of the Provider to comply with any of its obligations hereunder or (iii) the failure of the Provider to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless the Indemnities, orawy-of-them, from and against allliabilitieswhich-may-be asserted by an employee or former employee of Provider, or any of its subcontractors, as provided above, for which the Provider's liability to such employee or former employee would otherwise be limited to payment tinder state Workers' Compensation or similar laws. The DDA agrees to indemnify, defend and hold harmless the Provider and its officials, employees and agents (collectively referred to as "Indemnities") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities"), resulting from, or in connection with (i) the performance or non-performance of the Services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any negligent act, negligent omission, default or other negligence (whether active or passive) of the DDA or its employees, agents or subcontractors, or (ii) the failure of the N DDA.to comply with any of its obligations hereunder or (iii) the failure of the DDA 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, The indemnifications provided by the parties above do not include indemnification for consequential damages and attorney's fees. I I , DEFAILLT, If Provider fails to comply with any term or condition of the Agreement, or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the occurrence of a default hereunder DDA, in addition to all remedies available to it by law, may immediately, upon written notice to Provider, terminate this Agreement. Provider and DDA understand and agree that termination of this Agreement under this section shall not release Provider or DDA from any obligation accruing prior to the effective date of termination, 12. DDA'S TERMINATION RIGHTS: DDA shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Provider at least ten (10) calendar days prior to the effective date of such termination, In such event, DDA 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 the 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 Services not performed, the Provider shall return such sums to the DDA within ten (10) days after receipt of written notice that said sums are due, In no event shall DDA be liable to Provider for any additional compensation, other than that provided herein, or for any consequential or incidental damages. 13. INSURANCE: Provider shall, at all times during the term. hereof, maintain Professional Liability Insurance in the amount of $1,000,000. Provider shall ensure that all 6 subcontractors retained by the Provider tinder this Agreement also maintain the required insurance coverage. Completed Certificates of Insurance shall be filed with DDA prior to the performance of Services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the policies of such insurance with DDA. If, in the judgment of DDA, prevailing conditions warrant the provision by Provider of additional liability insurance coverage or coverage which is different in kind, DDA reserves the right to require the provision by Provider of an amount of coverage different form the amounts or kind -previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following DDA's written notice, this Contract shall be considered terminated on the date the required change in policy coverage would otherwise take effect. Provider and DDA agree that such a termination of this Agreement under this section shall not release Provider or DDA from any obligation accruing prior to the effective date of termination 14. NONDISCRIMINATION: Provider represents and warrants to DDA that Provider does not engage 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, IS. A_S�IGNIM_ENT: This Agreement shall not be assigned by Provider, in whole or in part, without the prior written consent of DDA's, which may be withhold or conditioned, 7 in DDA's sole discretion. 16, 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, retuni receipt requested, addressed to the other party at, the address indicated here in 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 defivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO PROVIDER: TO MIAMI DDA, Joseph G. Goldstein, Esq. Alyce M. Robertson Holland & Knight LLP Executive Director 701 Brickell Avenue Miami Downtown Development Authority Suite 3300 200 S. Biscayne Blvd., Suite 2929 Miami, FL 33131 Miami, FL 33131 17. MIS CELLANEQUjERQY1a1QH& This Agreement shall be construed and enforced according to the laws of the State of Florida. Title and paragraph headings are for convenient reference and are not a part of this Agreement. 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 waive shall be effective unless made in writing. 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 wider 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 ether event, the remaining terms and provisions of this 8 Agreement shall remain unmodified and in full force and effect or limitation of its use. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by property authorized representatives of the parties hereto, 18, SUCCESSORS AND ASIQN$: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 19, INDEPEND 1NT CONTRACTOR: Provider has been procured and is being engaged to provide Services to DDA as an independent contractor, and not as an agent or employee of DDA, Accordingly, Provider shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City of Miami, nor any rights generally afforded classified or unclassified employees, Provider further understands that Florida Worker's Compensation benefits available to employees of the City are not available to Provider, and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering Services to DDA under this Agreement. 20, CONTINGENCY QLAILSE. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 21. ENTIRE A TThis instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and. obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 22. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken E together, shall constitute one and the same agreement. 23. TIME FOR COMPLETION: Any specific task described in Attachment "B" shalt commence upon execution of this document by both parties. 24. FORCE MAJEU L -RE, 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 NOJ:J.NNCCLL1UM 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. 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. ,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 nonperformance as caused by Force Majeure unless the failure to give timely 10 notice causes material prejudice to the other party or parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written, Downtown Development Authority of the City of Miami, an independent agency and instrumentality of the City of Miami ATTEST: By: C4. Madely-ne 9.- R-a4yybo lyse2M. Robertson bertson t i Secretary Executiv Director 0 "PROVIDER" Holland & Knight LLP m 12 ATTACHMENT Meet► The Holland & Knight team (the "Team") is comprised of Holland & Knight LLP, Kimley Horn, Lambert Advisory and those collective sub-consultants/contractors who; in the best professional judgment of the Team', are necessary and appropriate to provide the information adequate to complete the Scope of Services. The Team was formed in response to a Request for Qualifications ("PFQ") issued by the City of Miami Downtown Development Authority ("DDA") and has been retained to perform: preliminary analysis, gath6r information, prepare and process annual reports and an application for development approval ("ADA") for Increment III of the City of Miami downtown Development of Regional Impact ("DDRI"), In general, this scope and fee assumes that the breadth and depth of analyses far this increment will be consistent with the analyses performed for previous increments of this DRI, Any level of analysis required beyond what was performed in previous increments is considered an additional service. Included in this process are the possible negotiation and drafting of a preliminary development agreement pursuant to Section 380.032, Florida Statutes, with the appropriate entities to allow the use of certain planned development program within Increment III, while the ADA for the DDRI is pending ("380.032 Agreement"). In addition, as part of this analysis, the Team and the DDA will evaluate whether the boundaries of the DDRI should be contracted to eliminate the Island Gardens project. As part of this Scope of Services, the parties will process a change to the Master Development Order for the DDRI to reflect any program changes contemplated as part of the Increment III approval process. This change is limited in scope to the impacts currently covered by the DDRI and its equivalency matrix. Any proposed change to the Master DDRI Order to increase the development program beyond the current overall programmatic impacts would be deemed beyond this scope of work, The Team's response to the RFQ and this Scope of Services assume that the processing of the ADA would require response to those questions shown on the Agreement to Delete Questions forma attached as Attachment "B". The need to respond to questions reflected as not required on this exhibit would be additional scope, The Team has committed to perform this work for a flat fee for services of $375,875. Fees shall be paid to the Provider according to the task schedule provided below. The Provider will provide an invoice for costs and fees on a monthly basis based on the percentage of each task that has been accomplished, accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should DDA require one to be performed. In addition, the DDA shall also be responsible for costs including, but not limited to, filing fees, lobbyist registration fees, photocopy charges and preparation of exhibit boards for hearings. Specific tasks that are beyond this scope of services but may be related to or result from the processing of the DDRI Increment III may be requested of the Team by the DDA ("Additional Related Services"). Those Additional Related Services, such as a parking analysis and management plan, streetscape planning, went management planning/coordination and historic preservation, or transportation methodological assumptions that are manifestly different from those contemplated during the review of increments I and II, if agreed to by the Team, will be conducted on and invoiced on an hourly basis in accordance with the hourly fees provided below. 13 The following Team Member would be responsible for particular tasks: TASK 1. Transportation Kimley Horn 2. Legal Holland & Knight 3. Planning & Design Kimely Hom 4. Environmental Kimley Horn 5. Engineering Kimley Horn 6. Economics Lambert Advisory In order to engage a Team Member to perform these Additional Related Services, the DDA shall prepare a scope of services for the specific project and provide it to the appropriate Team Member, The Team Member will then provide the DDA with a proposal summarizing specific tasks, time frames, and work product for the DDA to approve, in writing. Once approved, the Tearn Member will commence work in accordance w ' ith that proposal for Additional Related Services, Such Additional Related Services work shall be billed directly to the DDA on a monthly basis by the Team Member that has been engaged for such services until such work is completed. 14 11now D1 Ralyalmim Igo] an K"Emen Wign VMS lem tolk"I talla W111nowly DKI)WI HIM= PART I — KICKOFF (2 MONTHS) 1. Initial strategy sessions with DDA and stakeholders 2. Preparation of development program and methodology statements 3. Preparation, completion and submittal of Biennial Report 4.. Other tasks as necessary and appropriate, including negotiation of Section 3 80.032 Agreement Lambert. $24,500 Kimley $24,000 H&K $17,375 Subtotal: $64,875 EEUE�� 1. Preparation, completion& submittal of Pre -Application Summary Pre -Application Conference 3. Other tasks as necessary and appropriate Lambert $ 5,000 Kimley $15,000 H&K $25,000 Subtotal: $45,000 PART III — APPLICATION FOR DEVELOPMENT APPROVAL (ADA) (6 MONTHS) 1. Preparation, completion & submittal of ADA 2. Statements -of -Information -Needed / Sufficiency Reviews 3. Other tasks as necessary and appropriate Lambert $ 22,500 Kimley $150,000 H&K $ 33,500 Subtotal: $205,000 1 Please note that time -frames are estimates and are subject to agency review and availability of information. further, certain task work is expected and intended to overlap. 15 PART 1[V — CODEMODIFICATIONS (4 MONTHS) 1, Concurrent code/plan modifications related to D.O. conditions (Chapters 13/14, Downtown Supplemental Fees, Impact Fees, comp, plan, land development regulations, etc.) 2. Other tasks as necessary and appropriate Lambert $15,000 H&K $15,000 Subtotal: $30,000 PART V - APPROVALS (3 MONTHS) 1. SFRPC hearing(s) 2. City of Miami hearing(s) 3. Post -Adoption tasks (Consolidated ADA, Notice of Adoption, etc.) 4. Other tasks as necessary and appropriate Lambert $3,000 Kimley $12,000 H&K $15,000 Subtotal: $30,000 TOTAL FEES FOR ADA (KICKOFF THROUGH TO APPROVAL): $ 375,875.00 ADDITIONAL SERVICES (AS NECESSARY AND DESIRED) TASK PRINCIPAL PROJECT MANAGER 1. Transportation $ 190/hr $ 150/hr 2. Legal $ 250/hr $ 250/hr 3. Planning & Design $ 175/hr $ 125/hr 4. Environmental $ 175/hr $ 125/hr 5. Engineering $ 190/hr $ 150/hr 6.1 Economics $ 200/hr $ 150/hr ASSUMPTIONS 1. In all cases, this assumes the maximum amount of time and rounds of review allowed and required by law. 1 - Additional Services should include hourly rates for any additional work desired by the Client that may be related to, but not strictly part of, the DRI process. Examples may include DDA/DRI boundary modifications, additional impact fee analysis, or preparation of a streetscape manual or street classification system. 17 Attachment "B" AGREEMENT TO DELETE QUESTIONS Project Name: City of Miami Downtown DRI Increment III Project Location: City of Miami Applicant/ Developer: City of Miami Downtown Development Authority Section 380,06(7)(b), Florida Statutes, stipulates that the regional planning agency "shall establish by rule a procedure by which a developer may enter into binding written agreements with the regional planning agency to eliminate questions from the application for development approval when those questions are found to be unnecessary for development -of -regional -impact review". To comply with this provision, the South Florida Regional Planning Council and the Applicant hereby agree that the Applicant will submit sufficient information, as determined by the Council, in the application for development approval (ADA) for of those questions which are specified as being required in the following agreement, lull Not Re- clued 922aiLred 1. Applicant/Project Identification 0, 2. Applicant 0 3, Authorized Agents 0 4. Ownership/Adjacent Property 0 0 5, Legal Description 0 0 6. Binding Letter/ Preliminary Development Agreement Status 0 0 7. Government of jurisdiction 0 0 8, Permitting Agencies and Permit Applications 0 0 lull 9, Maps: A. General Location 0 B. Recent Aerial Photo 0 C. Topography 0 D. Existing Land Use 0 E. Soils 0 F, Vegetation Association 0 C Sampling Station Locations and 0 . Observed Significant Resources H. Master Development Plan 0 I. Master Drainage 0 J, Highway and Transportation Network 0 10, General Project Description Part I - Specific Project Description A. Summary and Phasing B, Existing and Proposed Land Uses C, Previous and Existing Activities 0 D. Primary and Secondary Market Area 0 E. Description of Project Demand 0 F, Project Costs Table (SFRPC requirement) 0 G. Social and Economic Disparities (SFRPC requirement) 0 Part IT - Consistency with Comprehensive Plans A. Local Plan 0 B. Regional Plan 0 C. State Plan 19 Part III - Demographic and Employment Information A, Demographic and Employment Tables (include three digit SIC codes) Part IV - Impact Summary A. Impact on Natural Resources B. Public Facility Capital Costs 11,'Revenue Generation Summary 12, Vegetation and Wildlife A. Identification of Plant Species B. Discussion of Survey Methods C.. State/Federal Listed Species D, Impact to Listed Species E. Mitigation for Impacted Species 13. Wetlands A. Existing Conditions and Proposed Impacts B, Creation or Enhancement Plans 14. Water A, Existing Hydrologic Conditions B, Existing Water Quality C, Mitigation Measure's 15, Soils A. Description of Soils B. Site Alteration and Construction Methods C, Sail Erosion Control Measures D, Fill and Spoil Information 20 16, Flood Plains A. Identification of Flood Prone Areas 0 B. FIRM Zone Designations 0 C. Flood Hazard Measures 0 D, Off -Site Flooding Impacts 0 17. Water Supply A. Potable/Non-Potable Water Demand 0 0 B, Potable/Non-Potable Water Supply 0 0 On-Site Wells 0 D. Impact to Existing Wells and Aquifer 0 E. Operation/Maintenance of Internal Water Supply 0 F. Letter from Off -Site Supplier 0 0 G. Conservation Measures 0 H, Service Area Boundary 0 18. Wastewater Management A. Projected Generation and 0 Proposed Treatment B., Description of Pre-Treatment Techniques 0 C; Letter from Off -Site Treatment Authority 0 D. Septic Tank Identification 0 E. Service Area Boundary 0 19, Storrawater Management A. Existing On-Site Drainage Patterns 0 B. Proposed Drainage System 0 C. On Site Drainage Areas 0 D, Run -Off Volume and Quality 0 E. Identification of Operation/ Maintenance Authority 0 21 20. Solid/Hazardous/Medical Waste A, Solid Waste Generation B, Waste Management 1. Specification of Waste Generated 2. Separation Measures 3, Identification of Off -Site Disposal 4, Applicable Regulations, Permits and Plans C.- Documentation 1. Letter from Developer 2. Letter from Service Provider 21. Transportation A. Existing Conditions B. Projection of Vehicle Trips C, Estimation of Internal/External Split D. Total Peak Hour Directional Traffic E, Assignment of Trips Generated F. Recommended Improvements G. Site Access Plan H. Protection of Transportation Corridors I. Provisions for Alternative Modes of Transportation 22, Air Impacts A. Site Preparation and Construction Measures to Minimize Impacts 0 22 B, Structural/ Operational Measures 0 to Minimize Impacts C. Analysis of Impacted Intersections 0 0 and Parking Facilities (Table 22-1) D. One Hour/Eight Hour Emissions 0 0 E. Identification of Mitigation Measures 0 0 21 Hurricane Preparedness A. Identification of Designated Areas 1, Vulnerability Zone 0 2. High Hazard Evacuation Area 0 3, Special Preparedness District 0 B. Identification of Evacuation Requirements 1, Shelter Space Need and Availability 0 2, Evacuation Route Capacity 9 0 C. Identification of Mitigation 0 0 24. Housing A. Residential Development Characteristics 0 0 B. Housing Availability/ Employment Opportunities 0 0 C. Provisions for Displacement/Relocation 0 25, Police and Fire Protection A. Dedication of Facility or Site 0 0 B. Letter from Service Provider 0 0 26. Recreation and Open Space A. Description of Facilities and Open Space 0 0 B. Assessment of Impact to Public Access 0 0 C, Identification of Maintenance Authority 0 0 D. Description of Consistency with 0 0 Local and Regional Policies 23 E. Assessment of Impact to Recreation 4 0 Trail Designation 27. Education A. Estimation of Number of 0 School Age Children B. Provision of Facilities or Sites 0 C. Letter from School Board 0 28. Health Care A. Description of Facilities and Services 0 B. Letter from Service Provider 0 29, Energy A. Projection of Energy Demands 0 # B. Description of On -Site Electrical 0 0 Generating Facility C. Letter from Off -Site Supplier 0 0 D. Description of Energy Conservation 0 0 Methods or Devices 30. Historical and Archaeological Sites A. Description of Sites 0 0 B, Protection/ Mitigation Measures 0' 0 31. Airports A. Existing Conditions 0 0 B. Copy of Layout Plan 0 • C. Copy of FAA Application 0 0 D, Identification of Flight Patterns 6 E. Identification of Subsidiary Development 0 0 F. Description of Passenger 0 0 Circulation System 24 32. Attractions and Recreation Facilities A. Projection of Attendance 1. Daily High, Low and Average 0 2, Figure 32.1 - Monthly Distribution 0 3, Figure 32.2 - Daily Distribution 0 4. Figure 32.3 � Hourly Distribution 0 B Identification of Alternative 0 Transportation Systems C. Identification of Transportation 0 System Interface 33, Hospitals A. Specification of Proposed Facility 0 0 B., Identification of Related Facilities 0 0 C. Copy of Certificate of Need 0 0 34. Industrial Plants and Parks A. Identification of Types of Operations 0 0 B. Identification of Support Industry 0 0 C. Transportation Requirements 0 0 D. Specification of Work Shifts 0 0 35, Mining Operation A. Description of Operation 0 0 B. Water Use Requirements 0 0 C. Impact on Aquifer 0 0 D. Maintenance and Inspection Requirements 0 0 E, Description of On -Site Processing Operation 0 0 F, Identification of Radioactive Material 0 0 G, Reclamation Plan 0 0 H, Identification of Mineral Destination 0 0 25 1. Identification of Shipping Modes 0 J. Transportation Requirements 0 36, Petroleum Storage Facilities A, Description of Existing Facilities 0 B, Description of Proposed Development 0 C, Identification of Transport Methods 0 D. Vapor Emission and Spillage Response 0 37. Port and Marina Facilities A. Existing Conditions 0 B. Conceptual Plan 0 C. Commodity and Passenger Statistics 0 D. Transportation System Expansion 0 Requirements ,E. Dredge and Fill Requirements 0 F. Oil Spill Clean -Up 0 G. Description of Subsidiary Development 0 H. Discussion of Increased Shipping Activity 0 38. Schools A. Description of Proposed Development 0 0 . and Program B, Enrollment Impact Area 0 0 C. Identification of Design Population 0 26 39, Other (as specified below) 0 A. File the ADA as required by any PrCLhininary Develo ment Aaxe ent or. vrior to XX t - g.OXX. If the ADA is not filed in a timely manner the Applicant shall schedule a new pre - application conference, B, Distribute all necessary copies of the ADA to all review agencies. C. Include copies of all relevant executed agreements with the ADA (e.g. Section 380,032 Development Agreement; Final Bifurcation Agreement(s)/Approval(s), Final Agreement to Delete Questions; etc.), D. Provide display graphics for presentation at all Council meetings. Prepared an this_day oL_aM. By: Signature for the APPLICANT (Print Name) Date: #28158533v2 Signature for the SOUTH FLORIDA REGIONAL PLANNING COUNCIL (Print Name) Date: - 27