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HomeMy WebLinkAboutOMNI-CRA-R-03-00490 ® ITEM 8 03— 66 RESOLUTION NO. SEOPW/CRA R- _ OMN I / CRA R — ' 0 __4 9 A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES (THE "CRAS") CORRECTING A SCRIVENER'S ERROR BY RESCINDING RESOLUTION NO. SEOPW/CRA R- 02-122 AND AUTHORIZING THE CRAS' EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DOUG BRUCE AND ASSOCIATES TO PROVIDE GOVERNMENTAL REPRESENTATION AND LOBBYING SERVICES IN TALLAHASSEE, FLORIDA, PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 2002 AND AN ENDING DATE OF JUNE 30, 2004, AND FURTHER ADDING TIDEWATER CONSULTING AS AN APPROVED SUBSCONSULTANT AT AN AMOUNT NOT TO EXCEED $92,600.00 ANNUALLY OR A TOTAL OF $185,200.00 OVER THE LIFE OF THE CONTRACT; FUNDS TO BE ALLOCATED FROM SEOPW TIF 689001.550108.270 and OMNI TIF 686001.590320.6.270. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency by Resolution No. SEOPW/CRA R-02-122 adopted on June 27, 2002 authorized its Executive Director to amend the then existing contract with Doug Bruce & Associates for governmental representation and lobbying services in Tallahassee, Florida .by increasing the contract amount from $62,600 to $95,000 and adding Tidewater -Consulting as an approved subconsultant; and Page 1 of 3 SEOPW/CRA o)3— 66 OW / CRA a)3m 49 WHEREAS, through scrivener's error, the amendment did not extend the term of the contract, or provide that the cost be borne by both community redevelopment agencies; and WHEREAS, Doug Bruce & Associates has continued to provide the requested services to the benefit of the CRAS; and WHEREAS, the CRAS desire to continue Doug Bruce & Associates' provision of governmental representation and lobbying services through July 1, 2004. NOW, THEREFORE, BE IT RESOLVED BY THE BOARDS OF DIRECTORS OF SOUTHEAST OVERTOWN/PARK WEST AND THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES OF THE CITY OF MIAMI, FLORIDA: 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. Resolution No. SEOPW/CRA R-02-122, adopted June 27, 2002, is hereby rescinded in its entirety. Section 3. The CRAS' Executive Director is authorized to enter into a contract in substantially the attached form with Doug Bruce & Associates for governmental representation and lobbying services in Tallahassee, Page 2 of 3 SF®pw/CRA OMNI/CRA a 93- 49 • u Florida for the period July 1, 2002 through June 30, 2004 at an amount not to exceed $92,600.00 annually. Section 4. Funds are to be allocated from Account Code Nos. SEOPW TIF 689001.550108.270 and OMNI TIF 686001.590320.6.270 Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this A -'—day of 2003. ART UR E. TEELE, JR., CHAIRMAN ATTEST: R4t,;,14 PRISCILLA A. THO PSON CLERK OF THE BOARD APPROVED ANDRO VILARELLO RAL COUNSEL FKR/JHV AND CORRECTNESS: j Page 3 of 3 OAM/CRA sEOPwicxa .p� 3 _ 49 o)3— 6 ITEM 8 SOUTHEAST OVERTOWN/PARK WEST JUL 28 AND OMNI 2003 COMMUNITY REDEVELOPMENT AGENCIES INTER -OFFICE MEMORANDUM To: Chairman Arthur E. Teele, Jr. and Date: File: Members of the CPA Board JUL 28 K03 Subject: Correcting Scrivener's Error RE: Doug Bruce & Associates Governmental Rep. Contract From: Franl K. Rollason References: Executive Director Enclosures: Resolution, Professional . Services Agreement RECOMMENDATION: It is recommended that the CRA Board of Directors approve the attached Joint Resolution correcting a scrivener's error by rescinding Resolution No. SEOPW/CRA R-02-122 and authorizing the Executive Director to enter into an agreement, in substantially the attached form, with Doug Bruce and Associates to provide governmental representation in Tallahassee, Florida, for legislative matters of interest to both the Southeast Overtown/Park West and Omni CRA areas in an amount not to exceed $185,200.00 for a full two-year period beginning July 1, 2002 and ending June 30, 2004. JUSTIFICATION: Pursuant to the above cited Resolution adopted on June 27, 2002, authorized the CRA Executive Director to amend the existing contract .with Doug Bruce and Associates, by increasing the contract amount from $62,600 to $95,000 and adding Tidewater Consulting as an approved sub consultant (at an amount not to exceed $30,000 per year for Tidewater). Through a scrivener's error, however, the amendment did not extend the term of the contract or provide that the cost be borne by both the SEOPW and Omni CRA's. In addition, Doug Bruce and Associates have continued to provide the requested services with no break in service since July 1, 2002 to date. The total expense for this contract, retro to June 27, 2002 through June 30, 2004 is as follows: $ 4,800.00 per month = $57,600.00 annually= $115,200.00 total for two years $ 5,000.00 per year for expenses = $10,000.00 total for two years $30,000.00 per year for Tidewater if authorized = $60,000.00 total two years TOTAL AMOUNT OF CONTRACT IF TIDEWATER IS AUTHORIZED BY BOARD = $185,200.00 Grand Total for two years. Therefore, Administration is recommending that the Board approve this Joint Resolution which will correct the scrivener's error and extend the length of the contract through July 1, 2004. FUNDING SOURCE: SEOPW TIF - Professional Services - Other ACCOUNT CODE: 689001.550108.270 ($92,600.00) FUNDING SOURCE: OMNI'TIF - Professional Services - Other ACCOUNT CODE: 686001.590320.6.270 ($92,600.00) FKR/EM SEOPW/CRA ®MW/CRA 03- 49 ITEM 8 • jo CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY OMNI CRA AGENDA I� FINANCIAL INFORMATION FORM CRA Board Meeting Date: JUL 2 8 9003 CRA Section: Administration. Brief description of CRA Agenda Item: Execution of Professional Services Agreement between Doug Bruce and Associates and CRA to provide governmental representation as the CRA lobbyist. Project Number (if applicable): 686001-OMNI TIF-Professional Services- Other YES, there are sufficient funds in Line Item: Index Code: 590320 Minor: 270 Amount: $92,600.00 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 I ACCOUNT NUMBER TOTAL Project No./Index/Minor Object From $ To $ From $ To $ JUL 2 8 2003 Comments: Approved by: Date: 7 /J`V CRA Executive Director/Designee \^✓^,\mil\':\.\'\'\" \.\\'�. .' \��^. .'\\\;\ "\;"\\.\' \�.'\.\ /\.;\.lam\. '\.'V\1."\.N\.V ,'\'\'\'� V.\'\..\' \:\/\\.' \\1\. V\'�.'•.; \�\`. /' APPROVALS Verified Verified unt= g Section CRA Finance Section RA Acco Date: 7'i� 03 Date: SE®PW/CRA ®NlNI/CItN 03- 66 . 03- 49 • • • X**e 0 CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY SEOPW CRA AGENDAI0-M FINANCIAL INFORMATION FORM CRA Board Meeting Date: Jllj 9 P rC3 CRA Section: Administration Brief description of CRA Agenda Item: Execution of Professional Services Agreement between Doug Bruce and Associates and CRA to provide governmental representation as the CRA lobbyist. ` ITEM 8 JUL 2 8 2003 Project Number (if applicable): 689001- SEOPW TIF-Professional Services- Other YES, there are sufficient funds in Line Item: Index Code: 550108 Minor: 270 Amount: $92,600.00 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 I ACCOUNT NUMBER TOTAL Project No./Index/Minor Object From $ To $ From $ To $ aG►Z Gi 4hP e`&�'`R _ Approved by: �/ �� Date: 7 �r CRA Executive Director/Designee APPROVALS Verified by: Verified by: CRA Accounting Section CRA Finance Section Date: Date: SEOPW / CRA 03 3 — a03- 66 ra • 0 `0 SEOPW AND OMNUCRA CITY CLERK'S REPORT MEETING DATE: June 27, 2002 ITEM 13 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (THE "CRA") ACKNOWLEDGING RESOLUTION SEOPW/CRA R-01-82 AND AUTHORIZING GENERAL COUNSEL TO AMEND THE CONTRACT WITH DOUG BRUCE & ASSOCIATES BY INCREASING THE CONTRACT AMOUNT FOR GOVERNMENTAL REPRESENTATION IN TALLAHASSEE ON BEHALF OF THE CRA; FURTHER REQUIRING THAT DOUG BRUCE & ASSOCIATE INCLUDE TIDEWATER CONSULTING AS A SUB -CONSULTANT TO THE CONTRACT. NON A RESOLUTION OF THE BOARD OF DIRECTORS AGENDA OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO ENTER INTO A CONTRACT WITH FENCE MASTERS, AN APPROVED VENDOR OF THE CITY OF 1VIIAIVII, FOR THE REMOVAL OF THE EXISTING FENCE AND THE INSTALLATION OF A NEW FENCE, IN AN AMOUNT NOT TO EXCEED $10,000, AROUND THE PROPERTY LOCATED AT 910 NW. 2ND COURT, MIAMI, FLORIDA, L.F. (110' X 200). Page No. 8 SEOPW/CRA R-02-122 MOVED: TEELE SECONDED: SANCHEZ UNANIMOUS SEOPW/CRA R-02-123 MOVED: WINTON SECONDED: GONZALEZ UNANIMOUS SEOPW/CRA OMWICRA a 3� � 03— 49 NOV-27-2001 09:35 CITY CLERKS.OFFICE 305 858 1610 ITEM 17 SEOPW/CRA O RESOLUTION NO. SEOPW/CRA O I 9o�L A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY (" CRA" ) AUTHORIZING THE CRA'S EXECUTIVE DIRECTOR TO ENTER INTO AN . AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH THE FIRM OF DOUG BRUCE & ASSOCIATES FOR SAID (FIRM TO (1) REPLACE GREATER MIAMI NEIGHBORHOODS AS THE CRA'S HOUSING CONSULTANT, AND (2) TO PROVIDE GOVERNMENTAL REPRESENTATION IN TALLAHASSEE ON BEHALF OF THE CRA. WHEREAS, the City of Miami approved and adopted the Southeast Overtown/Park West Community Redevelopment Plan pursuant to Resolution Nos. 82- 755 and 85-1247 (the "Redevelopment Plan"); and WHEREAS, the CRA is responsible for carrying out community redevelopment activities and projects in the _Southeast Ovenoww?ark West Redevelopment Area (the "Redevelopment Area") established pursuant to the Redevelopment Plan; and WHEREAS, the CRA desires to enter into an agreement with the firm of Doug Bruce and Associates to replace Greater Miami Neighborhood as the CRA's Housing Consultant; and WHEREAS, the CRA desires to use the firm, of Doug Bruce and Associates in providing governmental representation in Tallahassee on behalf of the CRA. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA- Section 1. The recitals and findings contained in the Preamble to this Resolution are incorporated herein as if fully set forth in this Section. Section 2. The Board of Directors of CRA hereby authorizes the CRA to enter into an agreement, in a form acceptable to the City Attorney, with the firm of Doug Bruce and Associates to (1) . replace Greater Miami Neighborhoods as the Housing Consultant to the CRA and (2) to provide governmental representation in Tallahassee on behalf of the CRA. 0 Section 3, The resolution shall be effective upon its adoption. SEOPW/CRA 03- 66 OMW/CRA 03- 49 P.02 N13V-27-2001 09:35 CITY CLERKS OFFICE 305 858 1610 P:03 ITEM 17 SEOPW/CRA PASSED AND ADOPTED on this 256'day of June, 2001. . Arthur E. Teele, Jr.,, Chairman ATTEST: Walter J. Foeman, City Clerk APPROVED AS TO FOXM AND CORRECTNESS: Alejandro Vilarello City Attomey SEOPW/Cif' ` G ®TV1NY/Clt�f� � •.. 0)3- 66 03- 49 NOV-27-2001 09'35 CITY CLERKS OFFICE 305 858 1610 p.05 :k Y DOUG BRUCE & ASSOGI.ATES H. Douglas Bruce .Upon. graduation from Florida State University to 1971, Mr. Pruce acl;l;pted a position on the staff of the mlnority Rept►nAlcan Loader of the Florida House of Representatives. In th+ thirty yl.axs since he has remained professionally WVor ed with Plorida govetrIment, primarily, the Legislature, semv tg in sts (r positions and lobbying or) behalf of some of Flwit"a's lead Ing cornpaZes, local governments trade associations and educational institutions. 1971-x074 Administrative gst-a td the Minor& fader.. 'loci,.' a u {; gi' Bc=eata vea. Fespomsibie to the 1 publf�an Leadear and �,:auctis Nlembez's for indaviduat and cauc�uts legislative pxi�oritlea. Dutta 's intcludiA.- ana�ysis of various proposals and preparation of legis ation wift related amendments. Major issues of involvement inclined; Cot tgrdsstonil Redistrictbig and legislative reappor(ionwent, land'* issw * and pion reform 1974- (978 Mice President gi GmvernMentel Affairs, Asgocia ted mod. s o 110da. a trade association representing FloridalBusiness. Res nsible to Association President and membership. Prep#ed ariat; rtical dot: uments aid publications on pxirz�t3ry issues of 6ncern w thI .6sociabon, Majorissues .oi' involvcmen•t included: business taxes, uneLployment compensation, workers' compwsation and econowic deve:jopnrl eW. Assisted in developing and executing lobbying strategy for legislative pxlurities. t 197E-1979 CWd of Stgff pf the Flotd g=atc Mtn-0 uk'-Q ee. Resxr'onsible to the Minority (Republican) Loader and Caucue Mexubers. COf,dinated leg(slative prioxities'of flee Caucus, prvvtding hair an services with:41c Majority party leadership and staff.:Assisted in stafllng,the 197f Conetltutioxt Revision Commission upon which members of the � Sen.•,te servc d, ) L 1979;.) 909 Pafdt=. Plante, Since 81 Adatns R Associates Lnc Aevr�loped and executed Florida legislative and executive braikh lobbying stra.',egies oz► behalf of clients. Clients represented during thin period I incl#ided- Maker Materials, The Southland Corporatton, Motorola, Inc., UW ersity of Florida Foundation. Manufaeturere Hanover iyk . st Con"'pany, 1•1(imana Hospitals, i;lorida'Power Corporation. Th16 Florida l Pes ;Control Aissoolation and Orange County, i SEOPW/CRA OMA]I/CRA 49 I P.O. Oft 10865 OCSO70 PAAX 04. r 4=01 • Prnl 14ft 402.1970 . PAX. (00) 63"222 . o„eleut!®vAopla�.rrr►l 'y 081....s RXPAARg015e s a t K70aNvH v ateunz H.LlW3;!•toa3 LD•E! i0-ta-wnr MOV-27-2001 09:36 CITY CLERKS OFFICE 0' 305 858 1610 P.06 Ll Oil 190-2000 S,, enLgr.jcgislat�ve_ Con�sultsn . Caritm Eleli law `{ Doveloped and executed legislative and executive branch lobbying strateVes for clients of the firm. Clients represented during tiffs period lnc EE ded tbLe : tbove listed clients as weu as Miami River Conutission, �` e' Hasa.ell COMI lazy, Cambridge Aeadenges, ABB Daimler-IAenz; The VOVl .es`of L i te'Sumpter,Ilorida Meetronics.,Assoctation; Flwz Vete':*6 iau Association, Forst Union Bank and Toys `R' Us. 2000-present Pxesid .nt. Doug Bruce & Associates. Develop and exec ate legts ative and executive branch lobbying strategies f6r clients of the { ;tzn. Current clients include: The Miami River Conunission. The Hasl'ell Company, The Florida Hal, DuPont Pharmaceutic4a., Osceola Legs: Dative Rolort, Wakulla County Commission, Florida Power Cori.pration, RJU*er Materials, Inc. and White Rock quarries.! SEOPW/CRA CMNI/CRA o>re,pGgTod:ni %00;1NaH 8 HIH8na trLIYJs-w0zId Ib°£t to-tZ-Hn.r NUV-27-2001 09:36 CITY CLERKS OFFICE 305 858 1610 P.0? CITY OF MIAMI. FLORIDA ITEM 17 INTEROFFICE MEMORANDUM � SEOPW/CRA FROM Chairman Teele and June 25, 2001 Members of the CRA Board DATE : FILE SUBJECT; Resolution authorizing the CRA to enter into a contract agreement with Doug Brace & Associates as the REFERENCES: CRA's Housing Consultant Dipak M. PBrek ENCLOSURES: Executive Director Resolution & Resume RECOMMENDATION It is recommended that the CRA Board of Directors approve the attached resolution` authorizing the CRA Executive Director to enter into an agreement in form acceptable to the City Attorney with the firm of Doug Brace & Associates, as the CRA's Housing Consultant, BACKGROUND On June 26, 2000, the CRA Board approved resolution SEOPW/CRA R-00-62 that extended the existing agreement between the CRA and Greater Miami Neighborhoods Inc. ("(3MW) for one additional year at a cost not to exceed $75,000 per year. This coact will expire on June 26, 2001. The CRA has made the decisioduk enter into an agreement Doug Bruce & Associates, replacing Greater Miami Neighborhoods. Additionally the CRA intends to utilize Doug Bruce & Associates to, provide the CRA with government representation in the State Capital (Tallahassee) commencing July 1, 2001. Funding Source: General Fund �-� Account Number: 6 9004 550011.6.270 . SEOPw/CR,4 OMNT/CRA 7 TOTAL P.07 NOV-2?-2001 09:35 CITY CLERKS OFFICE 30S 858 1b10 P, 04v-I • f PA)l",w COVER SHEET , ; rrk..M•.X �M ,rrlplw M••�r,�•-• rw.rJMY111I.IF.r+.r••��.��'.rr.n,M.��•r4M. w,M1..w,rwM�•rw.��.r r�..wrinM/�r.w"Irr�w•r�..:wr.�..r..�rrr,w 1004 De,:*'(Xo Pat 7 I, ive (350) 40 =• 1000 (5�p'� b5�;•072y Send toi Art T :• From: Avdg Pruce Atten or ; Datt: 06.11-01 Office L.)cntion: Q ca Loctidan: faX Nur,• SW 5/1'/2-371,6 Phone Nmber: O Urg . nt 0 Rer, y ASAP [1 PlOe cotninetil ❑ Ple�3e review i ❑ For"icur inforinxtian Total pi 3es, including cover_ i I 1 r • i SECPW/CRA ONW/C.l� f ....... , ��cnloeongq+ A 1 y'1f17NNi•t '@ 5 i 212tAa HZ I WB � Wa2t3 0O = E i i>m^ i Z-N(if I PROFESSIONAL SERVICES AGREEMENT BETWEEN THE SEOPW AND OMNI COMMUNITY REDEVELOPMENT AGENCIES AND DOUG BRUCE AND ASSOCIATES This Agreement is entered into as of this day of , 2003, but effective as of July 1, 2002, -by and between the Southeast Overtown/Park West Community Redevelopment Agency, of the City of Miami, a public agency and body` r corporate created pursuant to Section 163.356, Florida Statutes, The Omni Redevelopment District Community Redevelopment Agency, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes (hereinafter collectively referred to as the "CRA"), and H. Douglas Bruce d/b/a Doug Bruce & Associates ("Consultant"). RECITALS: WHEREAS, the Florida Legislature regularly considers important legislation concerning housing, economic redevelopment, revenue distribution, living conditions, taxation and other issues; and and WHEREAS, this legislation has a direct impact on the operation of the CRA; WHEREAS, the CRA requires state government lobbying and consulting services to assist in the preparation of the CRA's Legislative Package and to provide SEOPW / CRA OMNI/ CRA 03- 66 93- 49 • lobbying representation for the CRA while the Legislature is in session (the "Services"); and WHEREAS, Consultant has special capabilities and knowledge regarding the needs of the CRA and possesses all necessary qualifications and expertise to perform the Services described in this Agreement; and WHEREAS, the Board of Commissioners of the CRA by Resolution SEOPW/CRA R-03- and OMNI/CRA R-03- , adopted on June 30, 2003, authorized the CRA's Executive Director to enter into this contract with Consultant for governmental representation before the Florida Legislature on behalf of the CRA and further authorized Consultant to retain Tidewater Consulting as a sub - consultant on the terms set forth below; and WHEREAS, Consultant wishes to perform the legislative services required by the CRA and the CRA wishes to engage the services of the Consultant on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Consultant and the CRA agree as follows: TERMS: 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement shall be for two (2) years commencing on the effective date and ending June 30, 2004. Doug Bruce PSA - 03 SEOP W / CRA - ONI / CRA Page2of18 03- 66 3- 49. 3. SCOPE OF SERVICE: A. Consultant agrees to provide the Services as specifically described, and subject to the special terms and conditions set forth in Attachment "A" hereto, which is hereby incorporated into and made a part of this Agreement. When authorized by Work Order issued by the CRA Executive Director, Consultant shall retain the services of subconsultant(s), included in the team described in Attachment "C" hereto, to provide additional lobbying services, provided that in the hiring of such subconsultant(s) the representations set forth below remain true and correct. B. Consultant represents and warrants to the CRA that: (i) it 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 the CRA, or the City of Miami, including payment of permits fees, occupational licenses, etc., nor in the performance of any obligations to the CRA, or the City of Miami, (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will be performed in the manner described in Attachment "A". 4. COMPENSATION: A. Consultant's Fee. The amount of compensation payable by the CRA to Consultant shall be based on the rates and schedules described in Attachment `B" hereto, provided, however, that in no event shall the total amount of Doug Bruce PSA - 03 Page 3 of 18 SEOPW/CRA. ®MN1/CRA 03- 66 03- 49 compensation paid t o C onsultant ( exclusive o f s ubconsultant fees) e xceed S ixty-Two Thousand Dollars ($62,600.00) per year. B. SubConsultant(s) Fee. The amount of compensation payable by the CRA to Consultant for use of approved subconsultant(s) shall be as described in Attachment `B" hereto; provided, however, that in no event shall the total amount of compensation paid for use of approved subconsultant(s) exceed Thirty Thousand Dollars ($30,000.00) per year. C. Expenses. The CRA shall reimburse Consultant for approved expenses incurred by Consultant in the performance of the Services, up to a maximum of $5,000 per year. All expenses shall be subject to the approval of the CRA's Executive Director or his/her designee and shall be billed monthly. It is understood and agreed that any expenses in excess of the aforementioned amount shall be the sole responsibility of the Consultant. D. Method of Payment. All payments due hereunder shall be made within forty five (45) days after receipt of Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should CRA require one to be performed. If Consultant is entitled to reimbursement of travel expenses, then all bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. 5. AUDIT RIGHTS: The CRA may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the CRA to Consultant under Doug Bruce PSA - 03 Page 4 of 18 SE®PW / CRA 03- 66 ®MM / CRA 03- 49 • this Agreement, audit, or cause to be audited, those books and records of Consultant which are related to Consultant's performance under this Agreement. Consultant 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. 6. AWARD OF AGREEMENT: Consultant represents and warrants to the CRA that it has not employed or retained any person or company employed by the CRA to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, Board, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 7. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any information, document, report or any other material whatsoever which is given by t he C RA t o C onsultant o r w hich i s o therwise obtained or prepared by Consultant pursuant to or under the terms of this Agreement is and shall at all times remain the . property of the CRA. Consultant agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of CRA, which may be withheld or conditioned by the CRA in its sole discretion. 8. PUBLIC RECORDS: Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to CRA contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the CRA and the public to. all documents subject to disclosure under Doug Bruce PSA - 03 Page S of 18 SEOPW / CRA 03- 66 ­'VM/CRA 03- 49 applicable law. C onsultant's f ailure o r r efusal t o c omply w ith t he p rovisions o f t his section shall result in the immediate cancellation of this Agreement by the CRA. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Consultant 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. CRA and Consultant agree to comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, as the may be amended from time to time. 10. INDEMNIFICATION: Consultant shall indemnify, defend and hold harmless the CRA and its officials, employees and agents, from and against any and all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees), or liabilities arising out of, resulting from, or in connection with the performance or non- performance of the Services contemplated by this Agreement which is directly or . indirectly caused by any negligent act or omission, default or willful misconduct of Consultant or its employees, agents or subcontractors, including all costs, expenses, liabilities and attorneys' fees incurred in the defense of any such claim or in the investigation thereof. 11. INSURANCE: Consultant shall, at all times during the term hereof, maintain such insurance coverage as may be reasonably required by the CRA. All such insurance, including renewals, shall be subject to the approval of the CRA (which approval shall not be unreasonably withheld) for adequacy of protection and evidence of Doug Bruce PSA - 03 Page 6 of 18 SEOPW/CRA 03- 66 ONMiC 4 9 .3 personal financial interests, direct or indirect, with the CRA. Consultant 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 Consultant, its employees or associated persons, or entities must be disclosed in writing to the CRA. C. Consultant shall decline proffered employment by another client(s) if the exercise of Consultant's independent professional judgment on behalf of the CRA, on any matter directly related to the Services, will be or is likely to be adversely affected by the acceptance of such proffered employment; provided, however, that Consultant may represent a client(s) with an interest adverse to the CRA if the subject matter of such representation is not related to the Services described in this Agreement and if the CRA waives any conflict or alleged conflict with respect to such representation. Should Consultant r equest t he C RA's waiver of any conflict of interest, the Consultant shall. provide to the CRA, in writing, all information pertaining to such potential conflict for the CRA's evaluation. D. Consultant 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 the Services and if such representation will or is likely to compete with the interests of the CRA, or adversely affect the interests of the CRA and the obligations undertaken by Consultant hereunder. Doug Bruce PSA - 03 SE®PW/CRA oNM/CRA Page 10of18 �:l3- 66 ~. d)3-® 49 C� 0 17. ASSIGNMENT: This Agreement shall not be assigned by Consultant, in whole or in part, without the prior written consent of the CRA's, which may be withheld or conditioned, in the CRA's sole discretion. 18. 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 CONSULTANT: H. Douglas Bruce Doug Bruce & Associates PO Box 10855 Tallahassee, FL, 32302-2855 TO THE CRA: Southeast Overtown/Park West Community Redevelopment Agency 300 Biscayne Blvd. Way, Suite 430 Miami, Florida 33131 Attn: CRA Executive Director With a copy to: Alejandro Vilarello, Esq. CRA General Counsel . 444 S.W. 2°a Avenue, Suite 945 Miami, Florida 33130 SEOPW/CRA _ ONM/CRA Doug Bruce PSA - 03 Page 1 i of 18 e� 3 — 66 0 3 - 49 E 19. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal l 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. E. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared Doug Bruce PSA - 03 Page 12 of 18 SEOPW / CRA - OMNI / CRA- p)3- 66 93 49 same, it being agreed that the agents o f b oth p arties h ave a qually p articipated i n t he preparation of this Agreement. F. 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. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 21. INDEPENDENT CONTRACTOR: Consultant has been procured and is being engaged to provide services to the CRA as an independent contractor, and not as an agent or employee of the CRA. Accordingly, Consultant 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. Consultant further understands that Florida Workers' Compensation benefits available to employees of the CRA are not available to Consultant, and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services to the CRA under this Agreement. 22. 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 and/or change in regulations, upon thirty (30) days notice. Doug Bruce PSA - 03 Page 13of18 SEOPw/CRA A)3- 66 OMNI/CRA �J3- 49 23. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to.the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 24. COUNTERPARTS: This Agreement may be executed in two or more counterparts, a ach o f w hich s hall c onstitute a n o riginal b ut a 11 o f w hich, w hen taken together, shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. Witness: Print Name: Witness: Print Name: H. Douglas Bruce d/b/a Doug Bruce & Associates, ("Consultant") By: Print Name: Title: Doug Bruce PSA - 03 Page 14 of 18 SEOPW/CRA 03- 66 OMNI/CRA 03- 49 ATTEST: Priscilla A. Thompson, CRA Clerk of the Board ATTEST: Priscilla A. Thompson, CRA Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello, CRA General Counsel SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") By: Frank K. Rollason, CRA Executive Director OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes ("CRA") By: Frank K. Rollason, CRA Executive Director APPROVED AS TO INSURANCE REQUIREMENTS: Diane Ericson, Risk Management Administrator Doug Bruce PSA - 03 Page 15 of 18 SEOPW/CRA U- 66 OMNI/CRA 03- 49 ATTACHMENT "A" SCOPE OF SERVICES The Consultant shall provide the following 'professional services as needed as part of this Agreement: 1. Assist the CRA in the preparation of a strategic plan to advance the goals of the CRA through Florida's legislative and executive branches. 2. Develop and execute a lobbying strategy for CRA legislative priorities 3. Present and explain CRA's goals, objectives, and needs to Florida's elected officials and governmental staff. 4. Secure effective proponents for the CRA agenda. 5. Assist in obtaining funding for CRA projects within the community redevelopment district. 6. Assist the CRA in obtaining partnering support from the State of Florida for projects within the community redevelopment district. 7. Keep the CRA informed on proposed legislative changes affecting community redevelopment districts. 8. Facilitate the CRA's interactions with Florida's legislative and executive branches. 9. Other related activities and additional work as required by the CRA. Doug Bruce PSA - 03 Page_ 16 of 18 SEOPW / CRA OMM / CRA 03- 66 03- 49 0 0 ATTACHMENT "B" A. The CRA shall pay the Consultant, as compensation for the Services performed pursuant to this agreement, an amount to be calculated as follows: 1. A monthly fee of Four Thousand Eight Hundred Dollars ($4,800.00) inclusive of all charges for administrative, clerical, and secretarial services which include copying, postage, report production, phone charges, invoicing and other direct business charges other than travel and entertainment expenses; plus, 2. 100% of Consultant's travel and entertainment expenses at actual cost without additional markup. Total travel and entertainment expenses shall not exceed Five Thousand Dollars ($5000.00) per year. 3. Consultant shall be paid for use of approved subconsultant(s) based on Work Orders issued . under this agreement by the CRA's Executive Director. Consultant shall not be paid for subconsultant services in the absence of an authorizing Work Order. Work Orders shall describe the work to be performed and the compensation to be paid including allowable expenses. Subconsultant fees and expenses shall be billed to CRA at actual cost without additional markup. Subconsultant expenses shall not count toward Consultant's Five Thousand Dollar ($5000.00) yearly expense limit. In no event shall the total amount paid for use of subconsultants exceed Thirty Thousand Dollars ($30,000.00) per year. B. Consultant shall provide monthly invoices to the CRA's Executive Director at: Executive Director Southeast Overtown/Park West Community Redevelopment Agency 300 Biscayne Blvd. Way Suite 430 Miami, Fl. 33131 C. The Consultant and the CRA agree that the maximum amount payable under this contract for Consultant's fees and expenses shall not exceed Sixty -Two Thousand Dollars ($62,600.00) per year, and that the total amount payable under this contract for subconsultant fees, and expenses shall not exceed Thirty Thousand Dollars ($30,000.00) per year. CRA may immediately, or at any time thereafter, terminate this Agreement in any year when the amount paid under this Agreement reaches Sixty -Two Thousand Dollars ($62,600.00) for t he C onsultant o r T hirty T housand Dollars ($30,000.00) for subconsultants. Doug Bruce PSA - 03 Page 17 of 18 -SEOPW/CRA 03 - 66 OMM/CRA 93_ 49 • 0 ATTACHMENT "C" TEAM OF APPROVED SUBCONSULTANTS Tidewater Consulting 200 W. College Avenue, Suite 308 Tallahassee, Fl. 32301 Phone: (850) 681-6400 Fax: (850) 681-7080 ONM/CRA J.� Doug BruceSEOPW/C�e psA - os Page 1$ of 18 N �' � 3 " 49 66 ".