Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
25146
AGREEMENT INFORMATION AGREEMENT NUMBER 25146 NAME/TYPE OF AGREEMENT OMNI CRA & JASON M. WALKER DESCRIPTION EXPERT CONSULTANT AGREEMENT/BOLSTERING COLLABORATION AMONG KEY STAKEHOLDERS IN THE CITY OF MIAMI, MIAMI-DADE COUNTY & OMNI CRA/MATTER ID: 24-1245 EFFECTIVE DATE August 20, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 8/20/2024 DATE RECEIVED FROM ISSUING DEPT. 8/21/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER THIS EXPERT CONSULTANT AGREEMENT ("Agreement") is made and entered into this 20th day of August , 2024, and shall be effective upon signature as stated herein the Section 4. Term (the "Effective Date"), by and between the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a City of Miami, Florida public agency and body corporate created pursuant to Section 163.356, Florida Statutes, as amended ("OMNI CRA"), and JASON M. WALKER, an individual over the age of 21, ("Expert Consultant"). WITNES SETH: WHEREAS, the OMNI CRA from time to time retains individuals acting as independent contractors on a contractual basis for a specific term to perform certain specialized and defined tasks for the OMNI CRA and which tasks, by their nature, require independent and autonomous judgment; and WHEREAS, the OMNI CRA requires the services of Expert Consultant to assist the CRA with services for the Community Redevelopment Area; and WHEREAS, the OMNI CRA through its Executive Director has deemed the Expert Consultant qualified in accordance with Sections 18-72, 18-73, and 18-116 of the Code of the City of Miami, Florida, as amended ("City Code"), and the Expert Consultant agrees to perform the Services as defined and described herein; NOW, THEREFORE, pursuant to Sections 18-72, 18-73, and 18-116 of the City Code, the parties in consideration of the mutual obligations expressed herein, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the OMNI CRA and the Expert Consultant agree as follows: Page 1 of 18 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER TERMS Section 1. Recitals and Incorporations. The foregoing recitals are true and correct and hereby incorporated into and made a part of this Agreement. Section 2. Scope of Services. The OMNI CRA shall retain the Expert Consultant and assign the Expert Consultant to the OMNI CRA's Executive Director's office through which Expert Consultant shall perform the Scope of Services ("Services") outlined in Exhibit "A" hereto, which is incorporated by reference and made a part of this Agreement, and such other tasks as may from time to time be assigned. The Expert Consultant represents to the OMNI CRA that Expert Consultant is now, upon execution of this Agreement, and shall at all times during the term of this Agreement remain fully qualified, competent, and capable to perform the Services under this Agreement. Section 3. Remuneration. Audit and Inspection. A. The Parties agree that Expert Consultant shall be paid a total amount not to exceed One Hundred Twenty Five Thousand Dollars ($125,000.00) per year, with payment in monthly installments of Ten Thousand Four Hundred Sixteen Dollars and Sixty Six Cents ($10,416.66) for a period not to exceed 12 months at a total amount of One Hundred Twenty Four Thousand Nine Hundred Ninety Nine Dollars and Ninety Two ($124,999.92). B. Any additional Services in excess, shall be negotiated and pre -approved in writing by the OMNI CRA Executive Director, or designee, prior to the Services being rendered. The Expert Consultant shall provide detailed invoices. C. The Expert Consultant shall not be entitled to any employment emoluments Page 2 of 19 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER and, as such, the Expert Consultant shall be required to complete Internal Revenue Services ("IRS") Form W-9, prior to execution of this Agreement. Further, the Expert Consultant expressly acknowledges that Expert Consultant shall not acquire status, benefits, or rights as an OMNI CRA employee, temporary or permanent, classified or unclassified, by virtue of this Agreement. The Expert Consultant shall provide the Executive Director with the completed IRS Form W-9 at the time of execution of the Agreement. D. Unless otherwise specifically provided in Exhibit "A", pursuant to the Florida Prompt Payment Act, payment will be made within forty-five (45) days after receipt of Expert Consultant's invoice, which shall be accompanied by a monthly report detailing the hourly work completed and contain sufficient supporting documentation and sufficient detail, to allow proper audit of expenditures, should the OMNI CRA require one to be performed. E. The OMNI CRA may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the OMNI CRA to the Expert Consultant under the Agreement, audit, cause to be audited, inspect or cause to be inspected, those books and records of the Expert Consultant which are related to Expert Consultant's performance under the Agreement. The Expert Consultant agrees to maintain such books and records at a location within the OMNI CRA for a period of three (3) years after final payment is made under the Agreement. Section 4. Term. The initial term of this Agreement shall be retroactively effective from May 17 , 2024, and shall continue until May 17, 2025, unless earlier terminated herein. Page 3 of 19 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER Section 5. Termination. The Parties agree that this Agreement shall terminate on May 17th, 2025, however, the OMNI CRA may terminate for convenience at a sooner date after providing ten (10) days written notice. Section 6. Relationship Between Parties. A. Expert Consultant, under the terms and conditions of this Agreement, is an independent contractor and not an OMNI CRA employee. Expert Consultant shall not be entitled to any employment emoluments. Access and use of OMNI CRA property shall be at the sole discretion of the Executive Director. Expert Consultant acknowledges that such access to and use of OMNI CRA property does not alter Expert Consultant's status as an independent contractor. B. Other than as legally required by Expert Consultant in rendering their professional opinion(s), all other documents, information, materials, reports, and work products developed by the Expert Consultant in performing the Services pursuant to this Agreement are, and shall remain, the property of the OMNI CRA. Expert Consultant understands and agrees that any information, document, report, materials, work products, or any other material whatsoever which is given by the OMNI CRA to Expert Consultant, or which is otherwise obtained or prepared by Expert Consultant pursuant to, or under the terms of this Agreement, is, and shall at all times remain, the property of the OMNI CRA. Expert Consultant agrees not to use any such information, document, report, work product, or material for any other purpose whatsoever without the written consent of OMNI CRA, which may be withheld or conditioned by the OMNI CRA, in its sole discretion. Page 4 of 19 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER C. Expert Consultant shall work with the OMNI CRA to develop and undertake the schedule necessary to provide the Services as needed by the OMNI CRA. Expert Consultant acknowledges that working with the OMNI CRA to provide necessary scheduling for the Services does not alter their status as an independent contractor and Expert Consultant acknowledges and understands that compensation payment for their time is based upon the standards required by the IRS for payments to an independent contractor. Section 7. Indemnification. The Expert Consultant shall indemnify, save and hold harmless, and defend (at Expert Consultant' s own cost and expense), the OMNI CRA and the City of Miami, their officers, agents, directors, employees, instrumentalities and/or agencies (individually and collectively the "Indemnitees"), from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Expert Consultant and persons employed or utilized by Expert Consultant in the performance of this Agreement. Expert Consultant shall further indemnify, save and hold harmless, and defend (at Expert Consultant's own cost), the Indemnitees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the Services, even if it is alleged that the Indemnitees were negligent. If any action or proceeding is brought against the Indemnitees by reason of any such claim or demand, the Expert Consultant shall, upon written notice from the OMNI CRA, resist and defend such action or proceeding by counsel satisfactory to the OMNI CRA and the City. The Expert Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Expert Consultant shall in no way limit the responsibility Page 5 of 19 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER to indemnify, save and hold harmless, and defend the Indemnitees as herein provided. The indemnification provided above shall obligate the Expert Consultant to defend, at Expert Consultant' s own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the OMNI CRA's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the Indemnitees, whether performed by the Expert Consultant, or persons employed or utilized by Expert Consultant. These duties will survive the cancellation or expiration of the Agreement. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Expert Consultant shall require all subconsultant agreements to include a provision that each subconsultant shall indemnify the OMNI CRA and the City in substantially the same language as this Section. The Expert Consultant agrees and recognizes that the OMNI CRA and the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Expert Consultant in which the OMNI CRA and the City participated either through review or concurrence of the Expert Consultant's actions. In reviewing, approving or rejecting any submissions by the Expert Consultant or other acts of the Expert Consultant, the OMNI CRA and the City, in no way, assume or share any responsibility or liability of the Expert Consultant or subconsultant under this Agreement. Ten dollars ($10.00) of the payments made by the OMNI CRA constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Expert Consultant. Page 6 of 19 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER Section 8. Insurance. The Expert Consultant fully understands and hereby agrees that it shall be the responsibility of the Expert Consultant to secure their own insurance coverage(s), as applicable insurance(s) will not be paid by the OMNI CRA or the City on behalf of the Expert Consultant while performing the Services. Expert Consultant shall maintain insurance coverage(s) and provide evidence of insurance as required in Exhibit "B." Expert Consultant shall also provide the required independent contractor letter as part of Exhibit "B" hereto and incorporated by this reference. Section 9. Nondiscrimination. The Expert Consultant represents and warrants to the OMNI CRA that Expert Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Expert Consultant's Services under this Agreement on account of race, color, gender, gender identity, religion, age, physical or mental disability, sexual orientation, marital status, national origin, political affiliation or any other factor which cannot be lawfully used in connection with Expert Consultant' s performance under the Agreement. Expert Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, color, gender, gender identity, religion, age, physical or mental disability, sexual orientation, marital status, national origin, political affiliation or any other factor which cannot be lawfully used in connection with Expert Consultant's performance under the Agreement, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. Section 10. Non -Assignment. Successors. and Assigns. The Expert Consultant's professional services are unique in nature and are not assignable. Section 11. Ownership of Documents. The Expert Consultant understands and agrees that any information, document, report, Page 7 of 19 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER plans, budget, or any other materials whatsoever which is given by the OMNI CRA or on behalf of the OMNI CRA to Expert Consultant pursuant to or under the terms of this Agreement is, and shall at all times remain, the property of the OMNI CRA. Expert Consultant agrees not to use any such information, document, report, plans, budget or any other materials without the written consent of the OMNI CRA, which consent may be withheld or conditioned by the OMNI CRA as the owner thereof. Section 12. Public Records. A. Expert Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to OMNI CRA contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the OMNI CRA and the public to all documents subject to disclosure under applicable law. Expert Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the OMNI CRA. B. Expert Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keeping and maintaining public records that ordinarily and necessarily would be required of the OMNI CRA to perform these Services (2) upon request from the OMNI CRA's custodian of public records, provide the OMNI CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not Page 8 of 19 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER disclosed except as authorized by law for the duration of the Agreement term and, following completion of the Agreement, if Expert Consultant does not transfer the records to the OMNI CRA; (4) upon completion of the Agreement, transfer, at no cost, to the OMNI CRA all public records in possession of the Expert Consultant or keep and maintain public records required by the OMNI CRA to perform the Services, if the Expert Consultant transfers all public records to the OMNI CRA upon completion of the Agreement, the Expert Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, if the Expert Consultant keeps and maintains the public records upon completion of the Agreement, the Expert Consultant shall meet all applicable requirements for retaining public records; all records stored electronically must be provided to the OMNI CRA, upon request from the OMNI CRA's custodian of public records, in a format that is compatible with the information technology systems of the OMNI CRA. Notwithstanding the foregoing, Expert Consultant shall be permitted to retain any public records that make up part of Expert Consultant' s work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Expert Consultant determine to dispute any public access provision required by Florida Statutes, then Expert Consultant shall do so in accordance with the provisions of Chapter 119, Florida Statutes, at Expert Consultant's own expense and at no cost to the OMNI CRA. IF THE EXPERT CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, Page 9 of 19 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER FLORIDA STATUTES, TO THE EXPERT CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 679-6870, OR REGULAR MAIL AT 1401 NORTH MIAMI AVENUE, 2ND FLOOR, MIAMI, FL 33136. THE EXPERT CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE OMNI CRA WHO IS ADMINISTERING THIS AGREEMENT. Section 13. Award of Agreement. The Expert Consultant represents and warrants to the OMNI CRA that Expert Consultant has not employed or retained any person or company employed by the OMNI CRA to solicit or secure this Agreement, and that Expert Consultant has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, finder's fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. Section 14. Compliance with Federal. State. and Local Laws. The Expert Consultant understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to open public meetings, public records, conflicts of interest, procurement procedures, record keeping, etc. Expert Consultant agrees to comply with, and to observe all applicable laws, codes and ordinances, as they may be amended from time to time. Section 15. 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, Page 10 of 19 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER 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 U.S. Mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. To Expert Consultant: To OMNI CRA: With a copy to: Jason M. Walker 841 N.W. 67th Avenue Plantation, Florida 33317 Omni Redevelopment District Community Redevelopment Agency 1401 N. Miami Avenue, 2nd Floor Miami, Florida 33136 Attn: Isiaa Jones, Executive Director Office of the City Attorney City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 Attn: George K. Wysong III, General Counsel Section 16. Contingency Clause. Funding for this Agreement is contingent upon the availability of funds and continued authorization of OMNI CRA activities, and the Agreement is subject to (a) amendment due to lack of funds, reduction of funds, and/or change in regulations or the Code, upon written notice, or (b) termination pursuant to Section 5 hereof. Section 17. Severability. If this Agreement contains any provision found to be unlawful, the same shall be deemed to be of no effect and shall be deemed stricken from this Agreement without affecting the binding force of this Agreement as it shall remain after omitting such provision. Section 18. Miscellaneous. Page 11 of 19 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER A. The Agreement shall be construed and enforced according to the laws of the State of Florida. The parties hereto agree that venue for all federal, state, and local matters, if any, arising under the Agreement shall be in the applicable respective federal, state, and/or local courts located in Miami -Dade County, Florida. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. Each party shall pay its own costs and attorney's fees. B. Should any provision, paragraph, sentence, word, or phrase contained in the Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in either event, the remaining terms and provisions of the Agreement shall remain unmodified and in full force and effect or limitation of Expert Consultant's use. C. No waiver or breach of any provision of the Agreement shall constitute a waiver of any other breach or of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. The Agreement constitutes the sole and entire agreement between the parties hereto relating to the subject matter hereof and correctly sets 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 the Agreement, including the Exhibits hereto, are of no force and effect. No modification to, supplement of, deletion from, amendment or addition to the Agreement shall be Page 12 of 19 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER valid unless in writing and executed by the properly authorized representatives of the parties hereto. Section 19. Survival. The parties acknowledge that the obligations in this Agreement will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Expert Consultant and the OMNI CRA under this Agreement shall survive termination, cancellation, or expiration hereof. Section 20. Counterparts: Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Section 21. E-Verify Employment Verification. By entering into this Agreement, Expert Consultant and Expert Consultant's subcontractors are jointly and severally obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled "Employment Eligibility." Expert Consultant affirms that (a) Expert Consultant has registered and uses the U.S. Department of Homeland Security's E- Verify system to verify the work authorization status of all new employees of the Expert Page 13 of 19 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER Consultant; (b) Expert Consultant has required all subcontractors to this Agreement to register and use the E-Verify system to verify the work authorization status of all new employees of the subcontractor; (c) Expert Consultant has an affidavit from all subcontractors to this Agreement attesting that the subcontractor does not employ, contract with, or subcontract with, unauthorized aliens; and (d) Expert Consultant shall maintain copies of any such affidavits for the duration of the Agreement. Registration information is available at: http://www.uscis.gov/e-verify. If OMNI CRA has a good faith belief that Expert Consultant has knowingly violated Section 448.09(1), Florida Statutes, then OMNI CRA shall terminate this Agreement in accordance with Section 448.095(5)(c), Florida Statutes. In the event of such termination, Expert Consultant agrees and acknowledges that it may not be awarded a public contract for at least one (1) year from the date of such termination and that Expert Consultant shall be liable for any additional costs incurred by the OMNI CRA because of such termination. In addition, if OMNI CRA has a good faith belief that a subcontractor has knowingly violated any provisions of Sections 448.09(1) or 448.095, Florida Statutes, but Expert Consultant has otherwise complied with its requirements under those statutes, then Expert Consultant agrees that Expert Consultant shall terminate Expert Consultant's contract with the subcontractor upon receipt of notice from the OMNI CRA of such violation by subcontractor in accordance with Section 448.095(5)(c), Florida Statutes. Any challenge to termination under this provision must be filed in the Circuit or County Court by the OMNI CRA, Expert Consultant, or subcontractor no later than twenty (20) calendar days after the date of Agreement termination. Page 14 of 19 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER Section 22. Anti -Human Trafficking. The Expert Consultant confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Expert Consultant shall execute and submit to the OMNI CRA an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit "C." If the Expert Consultant fails to comply with the terms of this Section, the OMNI CRA may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the OMNI CRA be liable to Expert Consultant for any additional compensation or for any consequential or incidental damages. Section 23. Antitrust Violator Vendors. A person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. ****SIGNATURE PAGE TO FOLLOW*** Page 15 of 19 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER By: 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: By: Name: Signed by: E--99463 E—G4F 0Q42 .. Chance Corno AT ZEST: By: Signed by: DocuSigned by: E460T5600-GFI 459... Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: DocuSigned by: A,ar, L RisatA,0 111 $ F Es §I3ng III General Counsel PRV (Matter 24-1245) "Expert Consultant" JASON M. WALKER, an individual over the age of 21 DocuSigned by: V � By: Name: 35F-E- BDB894FFF... Jason Walker Title: Expert Consultant "OMNI CRA" OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, a City of Miami, Florida public agency and body corporate created pursuant to Section 163.356, Florida Statutes p—DocuSigned by: By: ` 726F60389F4F4B3... Isiaa Jones Executive Director APPROVED AS TO INSURANCE REQUIREMENTS: DocuSigned by: L By: F rbliAt aawit15 Wkitie6ShinpeT.Director Risk Management Page 16 of 19 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER EXHIBIT "A" SCOPE OF SERVICES Page 17 of 19 Jason M. Walker Expert Consultant April 24, 2024 Dear Issia: Presented herein is a suite of consultancy services aimed at bolstering the collaboration among key stakeholders in the City of Miami, Omni CRA, and Miami -Dade County. Leveraging a robust background in strategic development and a rich tapestry of relationships, as Strategic Coordinator these services will drive the successful execution of several critical projects: Allapattah CRA Creation Coordination Utilizing the approved extension of the Omni CRA, facilitation services will be provided to navigate the legislative landscape essential for the establishment and ratification of the Allapattah CRA. This will entail coordinating with the city and county to navigate the complex legislative and regulatory paths to see a shred vision come to fruition. Actions: • Lead the legislative endorsement process for the Allapattah CRA, working in tandem with municipal and county officials. Extension of Life Coordination Services will be rendered to assist in the ratification of the Extension of Life for Omni CRA. The coordination effort will contribute to extending the CRA's operational tenure, thereby securing community growth and development through to 2044. Actions: • Facilitate strategic dialogues between city and county officials to gain consensus and support. • Champion the extension's approval with compelling data and community endorsements. Citizens Bank Building Restoration Project: The issuance of an RFP is crucial to establish the future utility of the of the restored Citizens Bank building, within the Omni CRAs . This service will collaborate with the city's procurement sector and prospective developers to ensure the building's swift and strategic repurposing. Actions: • Provide strategic guidance and support for the issuance of an RFP, integrating city procurement and developer inputs. 841 NW 67 AVENUE, PLANTATION, FL 33317 T (305) 773-0998 E JASONMAURICEWALKER@GVIAIL.COM School Board Collaboration for Workforce Housing: In partnership with Miami Dade County School Board, support will be provided for the development of an RFP for workforce housing on the available designated 10-acre plot, emphasizing affordability and community requirements. Actions: • Work with Procurement to develop detailed RFP guidelines that resonate with the school board's mission and the community's housing needs. • Coordinate developer discussions to achieve a shared goal of affordable, quality housing. • Provide expert advice to facilitate the selection of a development partner that prioritizes sustainability. Strategic Advisory and Stakeholder Coordination Strategic guidance to facilitate communication among all stakeholders, including addressing the interests of minority and black property owners and tenants within the community. This will enhance inclusivity and ensure that development benefits are widely distributed. Actions: • Offer ongoing guidance to navigate community dynamics and property ownership complexities. • Build bridges between diverse community members and development initiatives for equitable benefit distribution. • Empower minority and black property owners with a voice in the developmental dialogue. Consultancy Terms: My services will be available for a monthly fee of $7,500, reflecting the comprehensive coordination and strategic advisory roles across these multifaceted initiatives. The duration of this consultancy will be reviewed periodically to ensure mutual satisfaction with the progress and outcomes. The consultancy services I offer will be a testament to a partnership forged on the pillars of transparency, commitment, and a shared ambition to usher in an era of growth and prosperity for the Miami community. My expertise, fortified by years of experience and a network of relationships across various sectors, positions me to adeptly guide these projects from vision to reality. I eagerly anticipate the opportunity to further discuss this proposal and to embark on a journey of transformation that will leave an indelible mark on the city we are all proud to serve. Sincerely, Jason M. Walker 2 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER EXHIBIT "B" INSURANCE REQUIREMENTS, COMPLETED IRS FORM W-9, AND INDEPENDENT CONTRACTOR LETTER FROM JASON M. WALKER TO CITY OF MIAMI INSURANCE REQUIREMENTS -EXPERT CONSULTING AGREEMENT I. Personal Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Limits of Liability - Split Limits$100,000.00/$300,000.00/$500,000.00 Combined $300,000.00 Endorsements Required City of Miami included as an Additional Insured IL Worker's Compensation Limits of Liability Statutory - State of Florida III. Employer's Liability A. Limits of Liability $100,000.00 for bodily injury caused by an accident, each accident $100,000.00 for bodily injury caused by disease, each employee $500,000.00 for bodily injury caused by disease, policy limit OR Provide exemption certificate from the State of Florida, Division of Workers' Compensation, and/or letter indicating the number of employees, including corporate officers. IV. Professional Liability/Errors and Omissions Coverage Each Claim General Aggregate Limit Retro date Coverage included $1,000,000.00 $1,000,000.00 The above policies shall provide the OMNI CRA with written notice of cancellation or material change from the insurer not less than thirty (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Page 18 of 19 EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY AND JASON M. WALKER Date: August 17, 2024 From: Jason M. Walker 841 N.W. 67th Avenue Plantation, Florida 33317 To: Ann -Marie Sharpe Director of Risk Management Administration City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 Re: Status as Independent Contractor: Dear Ms. Sharpe and Ms. Jones Isiaa Jones Interim Executive Director Omni Community Redevelopment Agency 1401 N. Miami Avenue Miami, Florida 33136 In connection with my Expert Consultant Agreement (the "Agreement") with the OMNI CRA through its Executive Director's office, I am writing to inform the City of Miami and the OMNI CRA of the following: 1. I am entering into the Agreement as an independent contractor; and 2. I will be providing consulting services on an as -needed basis and will not have any decision -making authority; and 3. I will not employ or subcontract from any other person in order to provide services to the CRA for this engagement without the prior written consent of the CRA; and 4. I am exempt from and am not required to maintain any workers' compensation insurance coverage for myself. If you require any further information in connection with the Agreement, please contact me at the address and telephone number provided below. Sincerely, —DocuSigned by: I V � `— 35FEDCABDB894FF... Jason M. Walker 18 Personal Injury Protection Deductible applies to You and Dependent Relatives Comprehensive Collision PEOPLES INSURANCE 1563 NW 27TH AVE MIAMI, FL 33125 NAIC Company Code: 24252 Verification of Insurance for PROGREll/UE6 AUTO Policy Number: 983160677 Underwritten by: Progressive American Insurance Co Policyholder: Jason Walker Page 1 of 2 July 11, 2024 PEOPLES INSURANCE 1-305-635-2800 Contact your agent for personalized service. Customer Service 1-800-876-5581 24 hours a day, 7 days a week Jason Walker This verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of the policies. Please accept this letter as verification of insurance for this policy. Policy and driver information Policy number: 983760677 Policy state: Florida Policy period: Jul 11, 2024 -Jan 11, 2025 There was no lapse in coverage during this policy period, Effective date: Jul 11, 2024 Drivers: Jason Walker Caroline Milutinovic Excluded Bernardo Espejo Excluded Address: Vehicle information 841 NW 67th Ave Plantation, FL 33317 Vehicle: 2016 LEXUS ES 300H Vehicle identification number: JTHBW1 GG7G2122058 Coverage information Liability To Others Bodily Injury and Property Damage Liability $500,000 combined single limit each accident $10,000 Deductible: $1,000/person Actual Cash Value Deductible: $1,000 Actual Cash Value Deductible: $1,000 Farm VOI (07/13) Continued Policy Number: 983760677 Underwritten by: Progressive American Insurance Co Policyholder: Jason Walker Page 2 of 2 July 11, 2024 Additional interest CITY OF MIAMI/OMNI CRA 1401 N MIAMI AVE MIAMI, FL 33136 Farm VOI(C7J13) / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/16/2024 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER Century Advisory Services, Inc. 1900 NW Corporate Blvd. Suite 400E Boca Raton FL 33431 CONTACT Donna Strandell NAME: PHONE (561) Ext): (561) 409-2420 FAX No): (561) 367-3126 E-MAIL donna.strandell@centuryra.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC # INSURER : Lloyd's of London Syndicates INSURED Jason Walker 841 NW 67th Avenue Plantation FL 33317 INSURER B INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CL2471508504 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 CONTRACT OR 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GENII AGGREGATE LIMIT APPLIES PRO - JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS -COMP/OPAGG $ $ AUTOMOBILE _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N /A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability PSN0040021088 07/15/2024 07/15/2025 Errors and Omissions Aggregate 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION I City of Miami and OMNI CRA 444 SW 2nd Ave 9th Floor Miami FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cry ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT "C" ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: N j Name: Asap, M t Y.e f✓ Officer Title: E !J1 Comulturr Signature of Officer: Pt( tof (o* i Y We , Planaidn 1 FL 33311- Office Address: Email Address: JQSOrrmaur1ctru�laf�st`jW11 Phone Number: (&I 3 '»1 ' FEIN No. / - / / / / / / STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was sworn to and subscribed before me by means of M physical presence or El online notarization, this 13 tk day of August. by ' J 0.SO4 waiter, as the authorized officer or representative for the nongovernmental entity.. He/she is perso ally known to me or nas produced as identification. pitafiet UAW S SANTOS ;6,;,Notary Public tata of Florida •_ Commission 4 NH 250953 My Commission Expires April 07, 202G My Commission Expires: QLI I 12f `2°,(a (Print • , Type( , or Stamped Name of Notary Public) EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) Select Year: 2024 v The 2024 Florida Statutes Go Title Chapter 787 View Entire X� KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED Chapter CRIMES OFFENSES 787.06 Human trafficking.— (1 )(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775. 83, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us Olivera, Rosemary From: De Los Santos, Jesly Sent: Wednesday, August 21, 2024 9:32 AM To: Olivera, Rosemary; Ewan, Nicole; Hannon, Todd Cc: Jones, Isiaa; Codio, Charice; Velez, Pablo Subject: 24-1245 Jason Walker x Omni CRA Attachments: OMNI CRA Expert Consultant Agreement - Jason M Walker - Fully Executed 08.20.24.pdf Good morning, Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thank you, Jesly De Los Santos Executive Assistant, OMNI-CRA 1401 N. Miami Avenue, Miami, FL 33136 Off: 305 679-6856 Email: jdelossantos@miamigov.com Website: www.omnicra.com Omn• i v > C R A Disclaimer: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail may contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. Please notify us by reply e-mail and delete the original message. Nothing in this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. Under Florida Law, e-mail addresses and the contents of the e-mail are public records. If you do not want your e-mail address, or the contents of the e-mail, released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 1