Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
R-2019-079 City Authorizing to Execute an Extension of Agreement Existing Between The City & Bermello, Ajamil & Partners, Inc., a FL Corp., for Preparation of a Parks & Recreation Ten Year Master Pla
RESOLUTION NO. 2019-079 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN EXTENSION OF THE AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND BERMELLO, AJAMIL & PARTNERS, INC., A FLORIDA CORPORATION, FOR PREPARATION OF A PARKS AND RECREATION TEN YEAR MASTER PLAN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY THREE THOUSAND FIFTY DOLLARS ($193,050.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City of Dania Beach, Florida, entered into an Agreement with Bermello, Ajamil & Partners, Inc., a Florida corporation ("Company"), upon an award of a bid for preparation of a Parks and Recreation ten(10) year master plan on April 10, 2018; and WHEREAS, the City and the Company entered into an Agreement for one (1) year which began on July 16, 2018 and expired on June 30, 2019 with the option to extend the Agreement provided both parties agree, in writing; a copy of the Agreement is attached as Exhibit"A", and it is made a part of and incorporated into this Resolution by this reference; and WHEREAS, the City and Company wish to extend the Agreement for an additional six (6)month period, retroactive to June 30, 2019 up to and through December 31, 2019; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "Whereas" clauses are ratified, made a part of and are incorporated into this Resolution by this reference. Section 2. That the City Commission of the City of Dania Beach authorizes the proper City officials to execute an Extension of the Agreement between the City of Dania Beach and Bermello, Ajamil & Partners, Inc., a Florida corporation, for preparation of a Parks and Recreation ten (10) year master plan, during the term of the extended Agreement. A copy of the Extension of the Agreement is attached as Exhibit `B", which is made a part of and is incorporated into this Resolution by this reference. Section 3. That the proper City officials are authorized to execute the Extension of the Agreement between the parties. Section 4. That the City Manager and City Attorney are authorized to make any revisions to such Extension document as are deemed necessary and proper in the best interests of the City. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on July 30, 2019. ATTEST: ® �y THOMAS SCHNEIDER, CMC WitlXELLEN CITY CLERK �� 0� MAYOR qB�/SHE��� APPROVED AS ORM AND CORRECTNESS: (I fli, — MJ THOMAS SB O CITY ATTORNEY 2 RESOLUTION#2019-079 AGREEMENT F�� THIS IS AN AGREEMENT (the "Agreement") entered into on , 20]_'a, between the City of Dania Beach, Florida, a Florida municipal corporatio , ( e "City") with an address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and Bermello, Ajamil & Partners, Inc., a Florida corporation with a principal address of 2601 South Bayshore Drive, Suite 1000,Miami,Florida 33133. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and for other good and valuable consideration,the adequacy and receipt of which are acknowledged,the parties agree as follows: 1. Scope of Services. The Scope of Services for Phase I and Phase II of the Project is attached as Exhibit"A"and made a part of this Agreement. 2. Subcontracts. It is expressly agreed to by the parties that the City shall approve in advance in writing any subcontracts for any Sub-consultants and the fees to be paid them by Consultant,prior to any such Sub-consultant proceeding with any such work. 3. Term. The services will be rendered by the Consultant beginning on the date appearing above until this Agreement expires on June 30, 2019. This Agreement may be extended provided both parties agree,in writing,thirty(30) days prior to the date of termination. 4. Payment for Services. City agrees to pay Consultant a not to exceed amount of One Hundred Ninety Three Thousand Fifty Dollars ($193,050.00). 4.1. Any necessary additional work, as determined by City, which is not covered by the approved written proposal, shall not be undertaken without a written amendment to this Agreement executed by both parties-in advance of any work. 4.2. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. 4.3. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. Invoices to be billed upon completion of task as outlined in the attached schedule. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. 4.4. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 1 5. Indemnification of City. The Consultant shall, in addition to any other obligation, indemnify the City and to the fullest extent permitted by law, protect, defend and hold harmless the City, including its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged: (a) bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting from such property, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Consultant or its Sub-consultants, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; (b) any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent, copyright or trademark rights by Consultant or its Sub-consultants in the performance of the work; (c) liens,and claims made by the Consultant or its Sub-consultants; and (d) claims of whatsoever nature related to collection practices or any actions of a contradictory nature pursuant to a contract or in an attempt to collect monies due or claimed to be due to the City. 6. Insurance Requirements. The Consultant shall not commence Work under the contract until Consultant has obtained all insurance required under this paragraph, and not until such time that the coverages are approved by the Risk Manager of the City. The Consultant shall not allow any employee of Consultant or any Sub-consultant to commence Work until all Coverages required have been obtained and approved by the Risk Manager of the City. In addition, Consultant shall be responsible for any and all policy deductibles and self-insured retentions. All Certificates of Insurance must clearly identify the contract to which they pertain, including a brief description of the subject matter of the contract. The certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given to City. If this coverage is not provided, then Consultant is responsible for providing such notice to City. Insurance policies for required coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than A-VII in the latest edition of the `BEST'S KEY RATING GUIDE", published by A.M. Best Guide. In the event that the insurance carrier's rating shall drop, the insurance carrier shall immediately notify the City in writing. Coverages shall be in force until all Work required to be performed under the terms of the contract is satisfactorily completed as evidenced by the formal written acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of the contract, including any applicable warranty period, then in that event, the Consultant shall furnish, at least thirty (30) days prior to the expiration of the date of 2 such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of the contract, including any extension of it, and including any applicable warranty period, is in effect. THE CONSULTANT SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE CONTRACT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION,AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE CONTRACT OR ELSEWHERE IN THE PROPOSAL DOCUMENTS CONCERNING CONSULTANT DELAY. The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The Consultant shall be held responsible for any modifications, deviations, or omissions in these insurance requirements. Consultant shall be responsible for any deductible amounts. Professional Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00)per occurrence, single limit,which shall provide that: • "The City of Dania Beach"is added as a named"Additional Insured"; • Thirty (30) days' written Notice of Cancellation or modification is to be provided to City (if not available on the insurance policies, then Consultant has responsibility for notification); and Waiver of Subrogation. GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property damage, products/completed operations, blanket contractual liability, and personal/advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) annual aggregate. SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • Annual Aggregate shall apply"Per Job"; • "The City of Dania Beach, Florida"is added as a named"Additional Insured"; • Additional Insured status is included for Products completed operations coverage for a period of no less than five (5)years following the completion of the Work or Project; • Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO)form CG 2037(07 04); • Consultant's insurance shall be primary and non-contributory; • Waiver of Subrogation in favor of the City; • Thirty (30) days' written Notice of Cancellation or modification to City (if not available on the insurance policies, then Consultant has responsibility for notification);and 3 • Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate. WORKERS' COMPENSATION INSURANCE shall be maintained by Consultant and any subconsultants during the life of the Agreement, including any applicable warranty period(s), and it is to apply to all "statutory employees" of Consultant(as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant, its employees, and Subconsultants. In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents, the Consultant shall require any Subconsultants similarly to provide Workers' Compensation Insurance for all of the latter's employees, in addition to any coverage afforded by the Consultant, by furnishing statutory limits Part A, and no less than One Million Dollars ($1,000,000.00)Employers' Liability limits Part B. IN NO EVENT SHALL THE CONSULTANT BE PERMITTED TO UTILIZE IN THE PROSECUTION OF THE WORK, THE FOLLOWING: I) ANY EMPLOYEE, SUBCONSULTANT OR SUBCONSULTANT EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS' COMPENSATION INSURANCE COVERAGE; OR II) ANY EMPLOYEE, SUBCONSULTANT OR SUBCONSULTANT EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT. SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • Thirty (30) days' written Notice of Cancellation or modification to City (if not available on the insurance policies, then Consultant has responsibility for notification); and • Waiver of Subrogation. AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired, and non-owned vehicles. SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • "The City of Dania Beach"is added as a named"Additional Insured"; • Thirty (30) written days' Notice of Cancellation or modification to City (if not available on the insurance policies, then Consultant has responsibility for notification); and Waiver of Subrogation. 4 7. Assignment of Agreement. The Consultant acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other consultants (the "Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore, the Consultant shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the City, for damages or expenses incurred which are direct,indirect or consequential or other costs and lost profits of any kind including, but not limited to, costs of acceleration, inefficiency or extended overhead, arising because of any other delay, disruption, interruption, interference or hindrance from any cause whatsoever, whether such delay, disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable;provided,however, that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud, bad faith or active malicious interference on the part of the City. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. In recognition of the fact that Consultant is not entitled to costs of acceleration arising out of the delays caused by Supporting Consultants, Consultant shall not be required to accelerate its services where delays have resulted from Supporting Consultants, unless the City agrees to compensate Consultant for such accelerated efforts. 8. Public Records Law. Consultant shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records or a document pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. Upon request from the City custodian of public records, Consultant shall provide the City 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 by Chapter 119, Florida Statutes, or as otherwise provided by law. 5 Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City. Upon completion of Work under this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Consultant shall be delivered by the Consultant to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Consultant shall be delivered to the City in a format that is compatible with the City's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Consultant shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Any compensation due to Consultant shall be withheld until all records are received as provided in this Agreement. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. Section 119.0701(2)(a), Florida Statutes 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 CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: THOMAS SCHNEIDER, CMC CITY CLERK Mailing Address: 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Telephone number: 954-924-9800, Ext. 3623 Email: tschneider(a),daniabeachtl.gov 9. Termination. a. Termination of Aueement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant notice by certified mail, return receipt requested, directed to the principal office of the Consultant, thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision,the Consultant shall be entitled to be compensated for the services rendered from the effective date of execution of the 6 Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. b. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Consultant twenty (20) days' advance written notice to the Consultant. If Consultant promptly cures the matter giving rise to the cause within that time, this Agreement shall continue. If not timely cured,the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience. 10. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant (and any of Consultant's Sub-consultants) pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory law or common law and other reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant or to Consultant's Sub-consultants. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 11. Notices. Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the parry for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: City: Colin Donnelly,Assistant City Manager City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,Florida 33004 7 Consultant: Alfredo C. Sanchez,AIA,AICP, Partner Bermello,Ajamil &Partners, Inc. 2601 South Bayshore Drive, Suite 1000 Miami,Florida 33133 12. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Bankruptcy. It is agreed upon that if the Consultant is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective the date and at the time the bankruptcy petition is filed. Upon such filing of Bankruptcy, Consultant will automatically be in default of this Agreement and the provisions of Article 9 will be enforced at City's discretion. 14. Venue; Fees. All claims, counterclaims, disputes and other matters in question between City and Consultant arising out of, relating to or pertaining to this Agreement, or the breach of it,or the services of it, or the standard of performance required in it, shall be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute,the parties shall resort to mediation. 14.1 If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction. For any legal action arising out of or pertaining to this Agreement the Court shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida, or the federal District Court in the Southern District of the United States. Each party further agrees that venue of any action to enforce this Agreement shall be in Broward County, Florida. In any litigation, the parties agree to each waive any trial by jury of any and all issues. 14.2 Operations During Dispute. In the event that a dispute, if any, arises between the City and the Consultant relating to this Agreement, or its performance or compensation, the Consultant agrees to continue to render services in full compliance with all terms and conditions of this Agreement as required by the City. 15. Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement. 16. Attorney Fees and Costs. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and attorney fees. 8 17. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 18. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement and each such exhibit is incorporated by this reference. 19. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 20. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 21. Consultant, any Sub-consultants and their respective employees and agents shall be and remain independent Consultants and not employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. All agents, employees and Sub- consultants of the Consultant retained to perform services pursuant to this Agreement shall comply with all laws of the United States concerning work eligibility. 22. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract, verbal or written, made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 23. Consultant warrants and represents that no elected official, officer, agent or employee of the City has a financial interest, directly or indirectly, in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a"purchasing agent"as defined in Chapter 112, Florida Statutes, nor any elected or appointed officer of the City of Dania Beach, nor any spouse or child of such purchasing agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the 9 Consultant and, further,that no such City employee, purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Consultant. Material interest means direct or indirect Ownership of more than five percent (5%)of the total assets or capital stock of the Consultant. 24. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment, the Americans with Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 25. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). Further,any prior Agreement related to the services is rescinded and replaced by this Agreement. 26. Consultant agrees to perform its obligations under this Agreement in accordance with the degree of skill and care exercised by grant writers performing similar services under similar conditions. Consultant makes no other representations and no warranties, whether express or implied,with respect to the quality of its performance under this Agreement. SIGNATURES OF THE FOLLOWING PAGES 10 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. �p B Cy CITY: ATTEST: CITY OF DANIA BEACH,FLORIDA a Florida Municipal Corporation elIs _Zsl� THOMAS SCHNEIDER, CM C TAMARA JAMES CITY CLERK MAYOR R RT BALDWIN C TY MANAGER Dated: J ,20L&. APPROVED FOR FO AND CORRECTNESS: ,THO J. BRO CITY ATTOFNEY 11 CONSULTANT: Bermello,Ajamil& Partners,Inc. WITNESSES: a Florida Corporation S ATURE IGNATURE P PRINT Name G ATURE Title e b,wae 44yw "oem PRINT Name STATE OF FLORIDA COUNTY OF MIAM I- bkbr The foregoing instrument was acknowledged before me on c2,2,40 5'0jE 20 If , by A4Feirpy C �R c 4gz , as P*PxN m of Bermello, Ajamil & Partners, Inc., a Florida corporation, on behalf of the company. He/she is personally known to me or produced as identification and did(did not)take an oath. LOURMETHI N TARY PUBLIC My Commission Expires . �2 EXPIRES; ja,202i State of Florida W0f f4-P BwWW ThIU 8Ud0 N0"$ems 12 EXHIBIT "A" SCOPE OF SERVICES PHASE I AND PHASE II 13 CITY OF DANIA BEACH CITY WIDE PARKS MASTER PLAN SCOPE OF SERVICES PHASE I NEEDS ASSESSMENT, STATISTICALLY VALID COMMUNITY SURVEY, PARKS INVENTORY, PARK SYSTEM RESOURCES CURRENT CONDITIONS, INDIVIDUAL PARKS CONCEPT SITE PLANS j iI Task No.1-1 Kick-Off Meeting Carry out one(1) Kick-Off Meeting with Parks and Recreation staff and others as may be necessary to provide project protocols including time line. Deliverables: Meeting Notes Task No.1-2 Meet with Elected Officials Carry out a one-on-one meeting with each of the City's Elected Officials to obtain their perceptions,ideas,issues and opportunities for the City Wide Parks Master Plan. Deliverables: Meeting Notes Task No.1-3 STATISTICALLY VAUD COMMUNITY SURVEY Preparation by B&Xs Subconsultant,ETC Institute,of a Statistically Valid Community Survey to supplement the Needs Assessment. A copy of the approach and methodology is attached to this Scope of Services. Following is a summary of the deliverables outlined In their approach. Deliverabies:Design Sampling Plan,approved citizen survey instrument,and a description of the sampling plan;administering the Survey,•Data Management and Quality Control and ETC Institute will provide a copy of the overall results to each question on the survey; Survey Analysis and Report;Priority Investment Analvsis i 1 i i I City of Dania Beach City Wide Parks Master Plan Scope of Services Bermello Ajamll&Partners,Inc. j May 10,2018 j Revised June 6,2018 Page 2 of 9 Task No.1-4 Inventory and Assessment of Existing Park Conditions i I Carry out a visit to each of the City's sixteen(16)parks and identify existing conditions. The parks are: Chester Byrd Park;C.W.Thomas Park,Denis Cove Park;Frank C."Tootie" Park;Frost Park;Griffin Marine Park;I.T.Parker Center;Linear Park;Mildred V.Jones lil Park;Mulikin Park;North Side Maleluca Park;Ocean Park Beach;P.J.Mell Aquatic f Complex;S.W.Community Center;Tigertail lake Center;Whiskey Creek. B&A will carry out a photographic assessment of each individual park based on scaled I aerial photos.Topographic/property survey of each individual park is not included in the Scope of Services. i For each park prepare a summary report outlining: Park Location and Context;Present Recreation Uses and Existing Park Conditions to include lands and buildings;Identified Issues and Opportunities. B&A will supplement this analysis with photos of each park as well as a location map. Deliverables: Summary Report outlinina conditions at each of the CMI s parks. Task No.1-5 Park and Recreation Department Staff Needs Assessment Meeting Meeting with Park and Recreation Department staff to discuss present park needs. B&A will place special emphasis on: Task No.I-5.A Frost Park,P.J.Mell Park,C.W.Thomas Park Community Centers Obtain from staff their perception of each Community Center space program needs. For each of the Community Centers array the Program Needs and provide a Diagram Identifying to scale room size and proximity relationships of spaces identified. City to provide base information:existing building floor plan, survey. Deliverables: Preliminary identitled building and site program needs for each of the Identified parks Task No.I-5.B Other Parks and Recreation Activities i i Obtain input from staff regarding individual park needs,identified sports venue changes and additions,and other improvements needed. Deliverables: List of preliminary identified individual park needs j i I j i . I City of Dania Beach City Wide Parks Master Pian Scope of Services Bermello Ajamil&Partners,Inc. May 10,2018 Revised June 6,2018 Page 3 of 9 Task No.I-S.0 Olsen School Site Re-Use B&A will evaluate the space available in the area where the closed old school building is located and identify what recreation uses could be included in the land space available. Deliverables: List of preliminary Identified Individual park potential uses and site sketch I Task No.1-6 Park System Resources Current Conditions Assessing Parks System Resources and assessing Recreation Programs and Services is also an important part of a City Wide Parks Master Plan. These assessment have a direct impact on required facilities and the delivery of recreation programs and services. As part of the Master Plan the B&A Team will complete a comprehensive analysis of how the City of Dania Beach Parks and Recreation currently provides recreation programs and services. This will include a gap analysis where possible deficiencies or shortcomings are identified as well as program strengths being recognized. This will be accomplished through a combination of site visits and interviews with key programming staff as well as a review of existing program data and information. The Phase I Current Conditions will provide the following: A. Evaluation and Analysis of Management and Operations Practices a. Department organization b. Parks maintenance c. Operating budgets f B. Inventory and Assessment of Recreation Programs and Services a. Inventory of existing recreation programs I. Programs by category ii. Strengths and weaknesses Ill. Alternative providers b. Assessment of facilities that support recreation programs and services I. Need for additional facilities c. Assessment of current marketing and promotions efforts C. Deliverables: Summary Park System Resources Current Conditions Task No.1-7 Stakeholder Meetings Carry out one(1)stakeholder meeting with each of the Park and Recreation Board and the identified community stakeholder groups.These Board and community meetings City of Dania Beach City Wide Parks Master Plan Scope of Services Bermello AJamil&Partners,Inc. May 10,2018 Revised June 6,2018 Page 4 of 9 I will be scheduled to take place within a maximum of a two(2)day period. The Board and community meetings will be with the following: • City of Dania Beach Parks and Recreation Board • NW Community Center/Bird Point Committee • Griffin Civic • Dania Beach Improvements Association Deliverables: Meeting notes. Task No.1-8 Community Workshop No.1 and 2-Scoping Meeting Carry out a Community Workshop in two(2)different parts of the City to present the Parks Existing Conditions Evaluation. Provide a forum to gather community preferences regarding physical plant needs and activities. Dellverables: Workshop notes. Task No.1-9 Summary of Individual Park Needs and Program Based on the information gathered to present and the input received from community Workshop No.1 and 2,Prepare a Summary Report on City Wide Parks Master Plan Individual Park Needs and Recommended Program Task No.1-10 Parks and Recreation Staff Meeting Present the program and recommendations to Parks and Recreation staff. Deliverables: Meeting notes. Task No.1-11 Individual Park Concept Site Plans For all parks B&A will provide a sketch plan of proposed improvements where applicable. B&A will provide a maximum of six(6)park Rendered Concept Site Plan designs for the parks to be selected by the City of Dania Beach.These will be improvements to existing parks or new parks. Deliverables:B&A will generate a Concent5ite Plan design rendered In color for each of the selected parks. i City of Dania Beach City Wide Parks Master Plan i Scope of Services Bermello Ajamil&Partners,Inc. May 10,2018 Revised June 6,2018 Page 5 of 9 Task No.1-12 Community Workshop No.3 Summary of Needs and Concept Park Site Designs Presentation I Present the City Wide Parks master Plan Individual Park Needs and Recommended Program to the community. Deliverables: PowerPoint presentation to be made at Community Workshop No.3. ' Task No.1-13 Parks and Recreation Department Review Submit and meet with the Parks and Recreation Department to review the findings and the report. Deliverables:Make chanaes as may be required. Task No.1-14 Presentation to City Commission Make a Power Point presentation to the City Commission of the findings and recommendations. Deliverables:B&A will provide six(6)draft copies of the Phase I summary report findings and recommendations and one bound copy of the final adopted city of Dania Beach Phase I City Wide Parks Master Plan Needs Assessment. B&A will provide the electronic files of the reports. ' I City of Dania Beach City Wide Parks Master Plan Scope of Services Bermello Aja mil&Partners,Inc. May 10,2018 Revised June 6,2018 Page 6 of 9 I PHASE II CITY WIDE PARKS MASTER PLAN Task No.II-1 LONG RANGE MAINTENANCE OBJECTIVES AND PARK SYSTEMS RESOURCES Task No.II-1.A Long Range Maintenance Objectives i Based on the proposed parks improvements B&A's subconsultant Ballard*King Associates will develop an Operations and Maintenance Cost Analysis for each of the parks proposed to be improved and/or expanded. Task No.II-1.6 Park System Resource Phase II Recommendations Based on the results of the assessment of Existing Park Resources Existing Conditions B&Xs ! subconsultant Ballard*King will coordinate with the public input findings,industry best practices,and recreation programming trends analysis,to develop a program plan forthe City of Dania Beach that will map areas of focus,methods of delivery and required resources for future recreation programming. An implementation plan that is-specific to recreation programming will then be developed with input from City of Dania Beach Parks and Recreation Department staff and the project team. The Park System Resource Phase II recommendations will include the following deliverables: Deliverables: Phase ll—Recommendations A. Recommendations for Management and Operations Practices i a. Department organization b. Parks maintenance c. Operating budget needs and expectations to Implement the plan B. Recommendations for Recreation Programs and Services a. Future recreation program needs L Program change and growth by category 11. Areas of program focus III. Role of alternative providers b. Future recreation facility needs c. Future marketing and promotions needs City of Dania Beach City Wide Parks Master Plan Scope of Services Bermello Ajamil&Partners,Inc. May 10,2018 Revised June 6,2018 Page 7 of 9 Task II-3 Order of Magnitude Costs Analyses and Capital Improvements Plan B&A will provide a cost analysis for each identified individual park investment for inclusion in the City's Capital Improvements Plan(CIP). These costs analyses will be provided as an additional service by a specialized subconsultant.A separate price proposal will be provided Task 11-4 Implementation Strategy Formulation of a development strategy.Address implementation schedule that includes each park and proposed improvements in the overall context of the City's Capital Improvements Plan. Provide list of potential funding sources. Task II-4 Final Parks Master Plan Report Preparation I Collect all the information gathered,designs generated and prepare a Final City Wide Parks Master Plan report to include project process,Master Plan findings and recommendations. The final Parks Master Plan Report will include all the graphics, tables and studies carried out during the process of Master Plan Development, I Task 11-5 Community Workshop No.4-Commission Workshop j Deliverables: Present the Final Master Plan at a Commission/Community Workshop. This workshop will serve to present the totality of the proposed proiects to the City Commission. Task II-6 Parks Master Plan Final Review and Changes Deliverables:Incorporate the Community Workshop comments and changes as part of the final document. Task 11-7 Presentation to Commission for Adoption DELIVERABLES: B&A will provide six(6)copies of the final Master Plan report findings and recommendations and two bound copies of the final adopted city of Dania City Wide Parks Master Plan. I� 1 4� I Client#:31137 BERMEAJA DATE(MMIDD/YYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 6/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kimberly Colomer USI Insurance Services PHONE 954-607-4131 A/C,No): ac No Ext 2400 East Commercial Boulevard Ste 600 n o less: Kimberly.Colomer@usi.com Fort Lauderdale,FL 33308 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Hartford Casualty Insurance Co. 2.9424 INSURED INSURER B:Tailn City Fire Insurance Co, 29459 Bermello,Ajamil&Partners,Inc. INSURER C:Contimrrtal Casualty Company 20443 2601 S Bayshore Dr Ste 1000 INSURER D Miami,FL 33133-5437 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLIC POLICY EXP LTR INSR WVO POLICY NUMBER MMIDDY EFF MMfDO LIMITS A X COMMERCIAL GENERAL LIABILITY 21 UUN KK3709 11/11/2017 1111112018 EACH OCCURRENCE $1 000 000 CLAIMS-MADE OCCUR PREMISES t aEoNcaurtence $300 000 MED EXP(Any one person) $10 000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PR X POLICY ECOT- LOC PRODUCTS-COMPIOPAGG $2,000,000 OTHER' COMBI $ A AUTOMOBILE LIABILITY 21 UUN KK3709 11/11/2017 11/11/201 Ea accldeD SINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPER t AMAGE $ 1AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB OCCUR 21 XHU KK3260 11/11/2017 11111/2018 EACH OCCURRENCE $5 000 000 EXCESS LIAR HCLAIMS-MADE AGGREGATE $5 000 000 DED I X RETENTION$1O 000 $ B WORKERS COMPENSATION 21 WB AG1371 1/11/2017 111112018 X I PER ET AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1 000 000 OFFICERIMEMBER EXCLUDED? ❑ N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000 000 C Professional Liab AEH288262231 11/11/2017 11111/2018 5,000,000 per claim Claims Made 5,000,000 aggregate 100,000 deductible DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) 30 Day notice of cancellation applies except for non-payment 10 notice applies Certificate Holder is included as Additional Insured with respect to Commercial General Liability and Auto Liability when required by written contract.Waiver of Subrogation applies as respects to General Liability and Auto Liability when required by written contract.General Liability is Primary&Non Contributory when required by written contract.All of the above is subject to the terms,conditions,and exclusions of the policy. CERTIFICATE HOLDER CANCELLATION ANYELLED City of Dania Beach,Florida THEULD EXPIRATTIIONH DATE V TH REOFDESCRE NOTICEIEWILL BE CBE CDELIVEREDO NE A Florida Municipal Corporation ACCORDANCE WITH THE POLICY PROVISIONS. 100 W.Dania Beach Blvd. Dania,FL 33004 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 Oft The ACORD name and logo are registered marks of ACORD #S23369593/M22318189 KXCER Client#:31137 BERMEAJA DATE(MM/DD/Y ACORDT. CERTIFICATE OF LIABILITY INSURANCE YYI� 6/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Kimberly Colomer USI Insurance Services PHONAIC E. Ext:954{07-4131FAX A/C No): 2400 East Commercial Boulevard Ste 600 n4M N Es3: Kimberly.Colomer@usi.com Fort Lauderdale,FL 33308 INSURER(S)AFFORDING COVERAGE NAIC s INSURER A:Hordord Casualty in.ur.rrca Co. 29424 INSURED INSURER B:TMn City Fin Inemnc.Co. 29459 Bermello,Ajamll 8t Partners,Inc. on Contins,"IC.awityCp•.Y 20443 2601 S Bayshore Dr Ste 1000 INSURER C: INSURERD: Miami,FL 33133.5437 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TRR TYPE OF INSURANCE NSRADDL SUBIR WVD POLICY NUMBER MWDDCDY EFF POLICY LIMITS A X COMMERCIAL GENERAL LIABILITY 21 UUN KK3709 11/11/2017 11111/2018 DEAACCH�ES OCCURRENCE $1 000 000 CLAIMS-MADE � PR OCCUR E6IS EaEMED,.nce 000,000 MED EXP(Any one person) $10 000 PERSONAL&ADV INJURY $1 00O 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ECOT- LOC PRODUCTS-COMP/OP AGG s2,000,000 OTHER. $ A AUTOMOBILE LIABILITY 21 UUN KK3709 11/11/2017 11/11/201 E°e8.l den SINGLE LIMIT 1,000,000 1X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA DAB OCCUR 21 XHU KK3260 11/11/2017 11/11/2018 EACH OCCURRENCE $5 000 000 EXCESS LIAR HCLAIMS-MADE AGGREGATE $5 000 000 DED X RETENTION$1O 000 $ B WORKERS COMPENSATION 21 WBAG1371 11/11/2017 11/11/201 X PER OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E L EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional Liab AEH288262231 1/11/2017 11/11/201 5,000,000 per claim Claims Made 5,000,000 aggregate 100,000 deductible DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H mom space is required) 30 Day notice of cancellation applies except for non-payment 10 notice applies Certificate Holder is included as Additional Insured with respect to Commercial General Liability and Auto Liability when required by written contract.Waiver of Subrogation applies as respects to General Liability and Auto Liability when required by written contract.General Liability is Primary 8r Non Contributory when required by written contract.All of the above is subject to the terms,conditions,and exclusions of the policy. CERTIFICATE HOLDER CANCELLATION City of Dania Beach,Florida SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN A Florida Municipal Corporation ACCORDANCE WITH THE POLICY PROVISIONS. 100 W.Dania Beach Blvd. Dania,FL 33004 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD OS23369593/M22318189 KXCER EXTENSION OF AGREEMENT BETWEEN THE CITY OF DANIA BEACH,FLORIDA AND BERMELLO,AJAMIL & PARTNERS,INC. This is an Extension of an Agreement (the "Extension"), which Agreement, dated July 16, 2018 (the "Agreement") exists between the City of Dania Beach, Florida, a Florida municipal corporation (the "City") and Bermello, Ajamil & Partners, Inc., a Florida corporation ("Consultant"), for development of a City-wide Parks Master Plan. The City and Consultant wish to extend the Agreement for an additional six (6) month period retroactive to June 30, 2019, up to and including December 31, 2019. In consideration of the mutual covenants, terms and conditions contained in the Agreement and in this Extension of it, and for other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. That the Agreement is extended and it shall remain in effect up to and including December 31, 2019. 2. That this Agreement is retroactive to June 30, 2019. 3. That the terms and conditions of the Agreement dated July 16, 2018, which is attached as Exhibit "A" and incorporated into this Extension by this reference, will remain the same throughout the term of this Extension. 4. That in all other respects, the Agreement is ratified and reaffirmed and remains in full force and effect. IN WITNESS OF THE FOREGOING, the parties have executed this Extension on , 2019. CITY: ATTEST: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation THOMAS SCHNEIDER, CMC LORI LEWELLEN CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO ANA M, GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER CONSULTANT: WITNESSES: Bermello, Ajamil &Partners, Inc. a Florida corporation Signature Signature PRINT Name PRINT Name Signature TITLE PRINT Name STATE OF FLORIDA COUNTY OF BEFORE me on 2019, personally appeared as (title) of Bermello, Ajamil & Partners, Inc., a Florida corporation,who acknowledged execution of the foregoing Extension for the use and purposes mentioned in it, and that the instrument is the sole act and deed of the Consultant. Such person is personally known to me or has produced , as identification. NOTARY PUBLIC State of Florida PRINT Name of Notary My Commission Expires: 2