HomeMy WebLinkAboutSEOPW-CRA-R-03-00660
® 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adopted June 27, 2002, is hereby rescinded in its entirety.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
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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
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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
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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
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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
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MOV-27-2001 09:36
CITY CLERKS OFFICE
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305 858 1610 P.06
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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
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PA)l",w COVER SHEET
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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
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Total pi 3es, including cover_
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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
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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
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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
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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.
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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
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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
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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.
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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:
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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
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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.
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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.
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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.�
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