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HomeMy WebLinkAbout25698AGREEMENT INFORMATION AGREEMENT NUMBER 25698 NAME/TYPE OF AGREEMENT OMNI CRA & ACHIEVEMENT CONSULTING GROUP, INC. DESCRIPTION EXPERT CONSULTANT AGREEMENT/FINANCIAL CONSULTARY SERVICES - LARRY SPRING/MATTER ID: 25- 1680 EFFECTIVE DATE August 1, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 8/1/2025 DATE RECEIVED FROM ISSUING DEPT. 8/1/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL EXPERT CONSULTANT AGREEMENT BETWEEN THE OMNI CRA AND ACHIEVEMENT CONSULTING GROUP THIS AGREEMENT ("Agreement") is made and entered into this 1st day of August , 2025, ("Effective Date"), by and between the 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 ("OMNI CRA"), whose address is 1401 N. Miami Avenue, Miami Florida 33136, and ACHIEVEMENT CONSULTING GROUP, INC., a Florida Profit Corporation ("Expert Consultant"), whose address is 1717 North Bayshore Drive, #3941, Miami, Florida 33132. RECITALS 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 must retain the professional services of the Expert Consultant to provide the OMNI CRA with the Scope of Services defined in Exhibit "A", attached and incorporated ("Services"); 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"), as adopted by the OMNI CRA, 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, 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: TERMS Section 1. Recitals and Incorporations. The foregoing recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The following exhibits are attached hereto and are hereby incorporated into and made a part of this Agreement: Exhibit A — Scope of Services Exhibit B - Compensation Exhibit C — Insurance Requirements Exhibit D — Corporate Resolution Exhibit E —Anti-Human Trafficking Affidavit In the event of a conflict between the provisions of this Agreement or any of its exhibits, the conflict shall be resolved in favor of this Agreement then the priority order indicated above. Page 1 of 16 Section 2. Scope of Services. Pursuant to the City Code, the Executive Director may retain an Expert Consultant. The Expert Consultant identified above will be assigned to OMNI CRA and shall perform the Services outlined in Exhibit "A", attached and incorporated. The Expert Consultant represents to the OMNI CRA that the 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 the Expert Consultant shall receive a monthly payment of Ten Thousand Dollars ($10,000.00) for the services rendered. Even if there is, at the discretion of the OMNI CRA, an Amendment to increase the renumeration, in no event shall the total of remuneration for all Services exceed One Hundred Twenty -Five Thousand Dollars ($125,000.00) per year. The OMNI CRA, in its best interest, reserves the right to request additional related services provided by the Expert Consultant. Any additional services in excess of those described in Exhibit "A" shall be negotiated and pre -approved in writing by the Executive Director or designee prior to the services being rendered. The Expert Consultant will provide a detailed invoice listing daily work for any billing period. B. The Expert Consultant shall not be entitled to any employment emoluments 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 the 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. C. Unless otherwise specifically provided in Exhibit "B", pursuant to the Florida Prompt Payment Act, payment will be made within forty-five (45) days after receipt of the Expert Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail to allow proper audit of expenditures should the OMNI CRA require one to be performed. D. The OMNI CRA may, at all 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 the 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 Consultant shall commence performance of the Services upon execution of this Agreement ("Commencement Date"). The period beginning on the Commencement Date and ending June 30, 2026, or the termination of this Agreement by either Party, in accordance with Section 5 of this Agreement, shall be referred to as the "Service Period". The Term of this Agreement may be extended at the CRA's sole and absolute discretion in one (1) year increments, with written notice provided to the Expert Consultant. Unless otherwise agreed, the Services shall be performed principally from a location of the Consultant's choosing. Section 5. Termination. This Agreement may be terminated at any time by either party, with or without cause. In the event of termination of this Agreement for any reason with or without cause, the Expert Consultant shall not have recourse to any City/OMNI CRA Grievance or Disciplinary Procedure. In the event of termination, the Page2of16 Expert Consultant will be compensated for actual Services rendered up to and including the date of termination. Expert Consultant agrees that other than payment of compensation due pursuant to the terms of this Agreement, Expert Consultant shall not be entitled to claim any lost profits, special, or general damages against the OMNI CRA. Section 6. Relationship Between Parties. A. The Expert Consultant, under the terms and conditions of this Agreement, is an independent contractor and not a City/OMNI CRA employee. As the Expert Consultant is an independent contractor, the Expert Consultant shall not be entitled to any employment emoluments. Access and use of OMNI CRA'S property shall be at the sole discretion of the Executive Director. The Expert Consultant acknowledges that such access to and use of OMNI CRA's property does not alter the Expert Consultant's status as an independent contractor. B. Other than as legally required by the Expert Consultant in rendering his professional opinion, all other documents, information, materials, reports, and work product developed by the Expert Consultant in performing the Services pursuant to this Agreement are, and shall remain, the property of the OMNI CRA. The Expert Consultant understands and agrees that any information, documents, reports, materials, work product, or any other materials whatsoever which is given by the OMNI CRA to the Expert Consultant, or which is otherwise obtained or prepared by the Expert Consultant pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the OMNI CRA. The Expert Consultant agrees not to use any such information, document, report, work product, or material for any other purpose whatsoever without the prior written consent of the OMNI CRA, which may be withheld or conditioned by the OMNI CRA in the OMNI CRA's sole discretion. C. The 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. The Expert Consultant acknowledges that working with the OMNI CRA to provide necessary scheduling for the Services does not alter his status as an independent contractor and the Expert Consultant acknowledges and understands that compensation payment for his 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 its own cost and expense), the City/OMNI CRA, its officers, agents, directors, employees, and instrumentalities from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of the Expert Consultant and persons employed or utilized by the Expert Consultant in the performance of this Agreement. In the event that any action or proceeding is brought against the City/OMNI CRA by reason of any such claim or demand, the Expert Consultant shall, upon written notice from the City/CRA, resist and defend such action or proceeding by counsel satisfactory to the City/OMNI CRA. 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 to indemnify, save and hold harmless, and defend (at its own cost and expense), the OMNI CRA, its officers, agents, directors, employees, and instrumentalities herein provided. The indemnification provided above shall obligate the Expert Consultant to defend, at its own cost and 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 Page 3 of 16 description which may be brought against the OMNI CRA, whether performed by the Expert Consultant or persons employed or utilized by the Expert Consultant. These duties described in this Section 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, Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. The Expert Consultant shall require all sub -consultant agreements to include a provision that each sub - consultant will indemnify the City/OMNI CRA in substantially the same language as this Section. The Expert Consultant agrees and recognizes that the OMNI CRA 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 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, in no way, assumes or shares any responsibility or liability of the Expert Consultant or sub -consultant 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. 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, as applicable insurance will not be paid by the OMNI CRA on behalf of the Expert Consultant while performing the Services. The Expert Consultant shall maintain insurance coverage and provide evidence of such insurance coverage in such amounts as may be required by the City's Risk Management Department in Composite Exhibit "C", including the Insurance Requirements and the W-9, all attached and incorporated. Section 9. Nondiscrimination. The Expert Consultant represents and warrants to the OMNI CRA that the Expert Consultant does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Expert Consultant's performance under this Agreement on account of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor. The Expert Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, age, religion, color, gender, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor 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 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, plan, budget, or any other material whatsoever which is given by the OMNI CRA or on behalf of the OMNI CRA to the Expert Consultant pursuant to or under the terms of this Agreement is, and shall at all times remain, the property of the OMNI CRA. The Expert Consultant agrees not to use any such information, document, report, plan, budget, or any other materials without the prior written consent of the OMNI CRA, which consent may be withheld or conditioned by the OMNI CRA as the owner thereof. Page 4 of 16 Section 12. Public Records. A. The Expert Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to OMNI CRA Agreements, 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 all applicable laws. The 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 and any potential penalties authorized by Chapter 119, Florida Statutes. B. The 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 this Service; (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 disclosed except as authorized by law for the duration of the Agreement's term and following completion of the same, if the Expert Consultant does not transfer the records to the OMNI CRA; and (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, the Expert Consultant shall be permitted to retain any public records that make up part of his work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should the Expert Consultant determine to dispute any public access provision required by Florida Statutes, the Expert Consultant shall do so in accordance with the provisions of Chapter 119, Florida Statutes, at its own expense and at no cost to the OMNI CRA. IF THE EXPERT CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE EXPERT CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE EXPERT CONSULTANT MUST CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA ELECTRONIC MAIL AT PUBLICRECORDSAMIAMIGOV.COM, OR VIA REGULAR MAIL AT OMNI CRA, AT 1401 NORTH MIAMI AVENUE, 2ND FLOOR, MIAMI, FL 33136. Section 13. Award of Agreement. The Expert Consultant represents and warrants to the OMNI CRA that the Expert Consultant has not employed or retained any person or company employed by the OMNI CRA to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, finder's fee, or gift of any kind contingent upon or in connection with the award of this Agreement. Page 5 of 16 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. The 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, 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 U.S. Mail, on the fifth (5th) day after being posted or the date of actual receipt, whichever is earlier. To Expert Consultant: To OMNI CRA: With a copy to: Achievement Consulting Group, Ince. 1717 North Bayshore Drive #3941 Miami, Florida 33133 Attn: Larry M. Spring, Jr., CPA, President Omni Redevelopment District Community Redevelopment Agency 1401 N. Miami Avenue 2nd Floor Miami, FL 33136 Attn: Isiaa Jones, Executive Director Office of the City Attorney City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, FL 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) an 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. Miscellaneous. 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 inconveniot 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 attorneys' 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 OMNI CRA, 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 Page 6of16 severable, and in either event, the remaining terms and provisions of the Agreement shall remain unmodified and in full force and effect. 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 valid unless in writing and executed by the properly authorized representatives of the parties hereto. Section 18. 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 19. 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 20. E-Verify Employment Verification. By entering into this Agreement, Expert Consultant and its subconsultants 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) it 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 Expert Consultant; (b) it has required all subconsultants to this Agreement to register and use the E-Verify system to verify the work authorization status of all new employees of the subconsultant; (c) it has an affidavit from all subconsultants to this Agreement attesting that the subconsultant does not employ, contract with, or subcontract with, unauthorized aliens; and (d) it shall maintain copies of any such affidavits for the duration of the Agreement. Registration information is available at: http:llwww.uscis.gov/e-verify. If the 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 subconsultant 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 it shall terminate the contract with the subconsultant upon receipt of notice from the OMNI CRA of such violation by subconsultant in accordance with Section 448.095(5)(c), Florida Statutes. Any challenge to termination under this provision must be filed in the Circuit or Page 7 of 16 County Court by the OMNI CRA, the Expert Consultant, or subconsultant no later than twenty (20) calendar days after the date of said termination. Section 21. Confidentiality. Subject to the requirements of Chapter 119, Florida Statutes, Expert Consultant agrees not to disclose Confidential Information disclosed to it by the OMNI CRA. Confidential Information shall include all information received by Expert Consultant that is not available to the public and all information identified as confidential by the OMNI CRA. For purposes of this section, Confidential Information shall not include any information that (a) is or becomes generally available to the public, other than as a result of disclosure by Expert Consultant; (b) becomes available to Expert Consultant on a non - confidential basis and not in the contravention of applicable law from a source that is not bound by a confidential relationship by the OMNI CRA or by a confidentiality or other similar agreement; (c) was known by Expert Consultant on a non -confidential basis and not in a contravention of applicable law or confidentiality or other similar agreement before its disclosure to Expert Consultant; or (d) information which must be disclosed pursuant to law. Section 22. 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. Section 23. Anti -Human Trafficking: 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. 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 'E." If 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 24, Several)Hity: 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. Page 8 of 16 SIGNATURE PAGE FOLLOWS Remainder of page intentionally left blank Page9of16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: Signed by: BY: NAME: Sandra Gilbert TITLE: Executive Assistant ATTEST: BY: {41103610001-4466... Saa 7706101, 1.12 ,7E4cC. DocuSigned by: Todd B. Hannon, Clerk of the Board APPROVED AS TO LEGAL FORM AND CORRECTNESS: -DoeuSigned by: Gt,brOt, OilSolai 111 BY: _RR7741FAFFAR94RR George K. Wysong III, General Counsel 25-1680 DJGS "Expert Consultant" ACHIEVEMENT CONSULTING GROUP, INC. a Florida Pwftd corporation BY: Lam' Spoil- p 222Fr43ECAA840F... NAME: Larry M. Spring, Jr. TITLE: President 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 DocuSigned by: LiSi0414, jbl&ts BY: 79RFRfARAF4F4RR Isiaa A. Jones, Executive Director APPROVED AS TO INSURANCE REQUIREMENTS: ,DocuSigned by: Vrattitj BY:--97AA5CR31A914F7 David Ruiz, Interim Director of Risk Management Page 10 of 16 EXHIBIT A SPECIFICATIONS/SCOPE OF WORK Expert Consultant shall provide the following professional services, as needed, as part of this Agreement: The Expert Consultant agrees to assist the OMNI CRA with providing consultancy services as reasonably requested. The Expert Consultant's responsibilities under this Agreement may include but will not necessarily be limited to: 1. Assist the OMNI CRA with review, analysis and negotiations of development proposals presented to the OMNI CRA for consideration. 2. Act as a liaison between the OMNI CRA and the taxing authorities in relation to OMNI CRA's financial matters. 3. Assist the Executive Director in the strategy of obtaining debt financing by leveraging OMNI CRA's future revenues. 4. Prepare and deliver presentations and reports necessary to fulfill the OMNI CRA's goal and objectives. The CRA may, at its sole discretion, request that the Expert Consultant perform services that go beyond the Services outlined in this Exhibit A. Written authorization will be required prior to Expert Consultant's performance of any additional services. Page 11 of 16 EXHIBIT B COMPENSATION The fee for this Agreement shall be billed at an hourly rate of Two Hundred Fifty Dollars ($250.00), Ten Thousand Dollars ($10,000.00) per month, not to exceed a total of One Hundred Twenty -Five Thousand Dollars ($125,000.00) annually. Page 12 of 16 EXHIBIT C INSURANCE REQUIREMENTS, COMPLETED IRS FORM W-9, AND INDEPENDENT CONTRACTOR LETTER FROM ACHIEVEMENT CONSULTING GROUP, INC. TO CITY OF MIAMI I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations B. Endorsements Required City of Miami listed as an additional insured OMNI CRA listed as additional insured Primary Insurance Clause Endorsement Contingent Exposures Included $1,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured OMNI CRA listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit Page 13 of 16 IV. Professional/E&O Liability Combined Single Limit Each Claim Policy Aggregate Retroactive date included $1,000,000 $1,000,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. 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 Tess 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 14 of 16 ACORN® THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 07/28/2025 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 endorsements). PRODUCER Hiscox Inc. 5 Concourse Parkway Suite 2150 Atlanta GA, 30328 CONTACT NAME: PHONE (888) 202-3007 INC. No. ExU: E-MAIL ADDRESS: contact@hiscox.com FAX A/C. Noi: INSURER(S)AFFORDING COVERAGE NAIL # INSURER A: Hiscox Insurance Company Inc 10200 INSURED Achievement Consulting Group, Inc. 1717 N Bayshore Dr #3941 Miami, FL 33132 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS INDICATED. CERTIFICATE EXCLUSIONS INSR LTR TO CERTIFY THAT THE POLICIES OF INSURANCE NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY PERTAIN, AND CONDITIONS OF SUCH POLICIES. SUBR WVO LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ TYPE OF INSURANCE ADD_ IN SD POLICY NUMBER POLICY EFF IMM/DDtYYYY1 POLICY EXP IMMIDDIYYYY} LIMITS A X , COMMERCIAL GENERAL UABILITY OCCUR Y P104.211.372.1 12/04/2024 12/04/2025 EACH OCCURRENCE $ 1,000,000 X AMPAE TOCLAIMS-MADE PR M SES lEa�rence) $ 100,000 MED EXP (My one person) $ 5,000 APPLIES PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT X . POLICY JET OTHER: PER: GENERAL AGGREGATE $ 2,000,000 LOC PRODUCTS - COMP/OP AGG $ S/T Gen. Agg. $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA UAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED7 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y / N N / A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ below E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability Y P104.211.371.1 12/04/2024 12/04/2025 Each Claim: $ 1,000,000 Aggregate: $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Omni CRA and the City of Miami are listed as additional insured with regard to the General Liability and Professional Liability CERTIFICATE HOLDER CANCELLATION Omni CRA and City of Miami 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 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AIC Achievement Helping you whleve.uaval July 29, 2025 Isiaa Jones Executive Director OMNI CRA 1401 North Miami Avenue #2 Miami, FL 33136 Mrs. Jones, This letter is in reference to the insurance required for the consulting engagement my firm is providing to the OMNI CRA. We do not believe that the automobile insurance and workers compensation requirements should apply on this project. There will be no company owned vehicles used throughout the duration of the engagement nor will there be additional employees that require workers compensation. If you have questions, or concerns, please do not hesitate to contact me. Regards, Larry M. Spri.n.cm Jr, Larry M Spring, Jr., President 1717 N Bayshore Dr. #3941 Miami, FL 33132 M (786) 256-1458 • Larry@theacgrp.com Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.ks.gotr/Fom)W9 for Instructions and the latest Information. Give Form to the requester. Do not send to the IRS. 1 Name (as shown on your income tax return). Name Is required on this line; do not leave this line blank. Achievement Consulting Group 2 Business name/disregarded entity name. if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. 0 Individual/sole proprietor or single -member LLC E C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate ❑ Limited liability company. Enter the tax classification (C.- corporation, corporation, P=Pmtnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC lithe LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ other (see instruction) ► w 5 Address (number, street, and apt. or suite no.) See kran clions. ci 1717 N Bayshore Dr #3941 a City, state, and ZIP code Miami, FL 33132 7 List account number(s) here (optional) 4 Exemptions (codes apply only to certain entities, not IndMduals; see fa tr uctIons on page 3): Exempt payee code (rf any) Exemption from FATCA reporting code (if any) (Appian to iceman m.huegdartoitl. me U.S.) Requester's name and address (optional) — Part I Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuals, this Is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entitles, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Part II Certification social security number or Employer Identification number 3 3 6 3 5 6 7 Under penalties of perjury, I certify that: 1. The number shown on this form le my correct taxpayer Identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) 1 am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (If any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancel • n of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you ar{ no{ required s'r n the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signatureof / J - Here Lu.s. person► General Instructii Section references are to the Internal Revdnue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and Its instructions, such as legislation enacted after they were published, go to www.irs.gov/FonnW9. Purpose of Form An Individual or entity (Form W-9 requester) who Is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATiN), or employer identification number (EIN), to report on an information retum the amount paid to you, or other amount reportable on an information retum. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (Interest eamed or paid) Date ► I 2 u2t • Form 1099-DW (dividends, Irp€iuding tf(ose from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TiN. if you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withholding, later. Cat. No. 10231X Form W-9 (Rev.10-2018) Exhibit "D" CORPORATE RESOLUTION Page 15 of 16 7/30/25, 10:45AM Detail by Entity Name DIVISION OF CORPORATIONS / DP/Lion ✓j ,ll. {f.orl CDR ppr :.\r'r an official :Thor of Flurlda rv¢britr Department of State / Division of Corporations / Search Records 1 Search by Entity Name / Detail by Entity Name Florida Profit Corporation ACHIEVEMENT CONSULTING GROUP, INC. filing Information Document Number P11000055759 FEI/EIN Number 85-3363567 Date Filed 06/15/2011 Effective Date 06/15/2011 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 09/08/2020 Event Effective Date NONE Principal Address 1717 N Bayshore Dr #3941 MIAMI, FL 33133 Changed: 03/04/2021 Mailing Address 1717 N Bayshore Dr #3941 MIAMI, FL 33132 Changed: 03/04/2021 Registered Agent Name & Address LEROY, DOMINIQUE 169 EAST FLAGLER STREET 1428 MIAMI, FL 33133 Officer/Director Detail Name & Address Title P https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=ACHIEVE... 1/2 7/30/25, 10:45 AM SPRING, LARRY MJR. 1717 N Bayshore Dr #3941 MIAMI, FL 33132 Annual RepQrtS Report Year Filed Date 2023 02/02/2023 2024 03/07/2024 2025 03/09/2025 Document Imam Jaivst uz' —Ai* L,r L REPORT 03/07/2024 —ANNUAL REPORT 02/0212023 —ANNUAL REPORT 04/06/2022 —ANNUAL REPORT 03/04/2021 —ANNUAL REPORT 09/08/2020 — Name Change 09/08/2020 — Reinstatement 09/02/2015 —ANNUAL REPORT 04/30/2014 —ANNUAL REPORT 03/26/2013 — AN NuAL REPORT 04/12/2012 —ANNUAL REPORT 0615+2011 — Domestic Prorii View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 1 Detail by Entity Name f@aea.t Depart men* 0 Ste. ,.,, https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=ACHI EVE... 2/2 Exhibit "E" ANTI -HUMAN TRAFFICKING AFFIDAVIT Page 16 of 16 EXHIBIT E of "iy, 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 nongovemmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the OMNI CRA of Miami ("OMNI CRA") or one of its agencies, authorities, boards, trusts, or other OMNI CRA entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovemmental 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 nongovemmental entity authorized to execute this Anti Human Trafficking cking Affidavit �t 9 Nongovernmental Entity: /'I � �'t j �'+1 J �" tPrt fJ f41A J(n, D i } 1-o c Name: 1.- CIr r [ )4. r �{ Officer Title: CP/ p Ct (0 Signature of Officer: Office Address: �Ttt--�?) •"J gifh l,.. 42/J_J f; 4 I0) F'c 2213 L Email Address: L �//ye. •Ple 4C ai�j) Z0/1 Main Phone Number: ? $ i 2 �o /.!q _/ FEIN No. 64 73(03, �-7 ,f I STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instriYment waworn to and subscribed fore me by means of O physical presence or `] online notarization, this i9"� day of ) by S R / , i L , as the authorized officer or representative for the nongovemmental entity. He/sh is personally known to me or h produced (NOTARY PUBLIC SEAL) SANDRA GILBERT MY COMMISSION # NH 623478 EXPIRES: April 20, 2029 as identification. (Printed, Typed, or Stamped Name of Notary Public) My Commission Expires: 11111,, ,2O' ')LYLL1, Olivera, Rosemary From: De Los Santos, Jesly Sent: Friday, August 1, 2025 1:00 PM To: Hannon, Todd Cc: Olivera, Rosemary; Ewan, Nicole; Jones, Isiaa; Gibbs-Sorey, Domini; Garcia, Aida Subject: FW: (Matter ID: 25-1680) Achievement Consulting Group Inc - Expert Consultant Agreement Attachments: Achievement Consulting Group, Inc. - Expert Consultant Agreement - Fully Executed.pdf Good afternoon, Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Best regards, 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 Omni BRA 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. From: DocuSign NA3 System <dse_NA3@docusign.net> Sent: Friday, August 1, 2025 12:19 PM To: De Los Santos, Jesly <JDeLosSantos@miamigov.com> Subject: Completed: Complete with Docusign: Achievement Consulting Group Inc - Expert Consultant Agreement (25- 1680... CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. 1 Jesly De Los Santos jdelossantos©miamigov.com All parties have completed Complete with Docusign: Achievement Consulting Group Inc - Expert Consultant Agreement (25-1680.... (Matter ID: 25-1680) Achievement Consulting Group, Inc - Expert Consultant Agreement Powered by docusign. Do Not Share This Email This email contains a secure link to Docusign. Please do not share this email, link, or access code with others. Alternate Signing Method Visit Docusign.com, click 'Access Documents', and enter the security code: 647754B449574FBA9D60652A209F52 D93 About Docusign Sign documents electronically in just minutes. It's safe, secure, and legally binding. Whether you're in an office, at home, on -the -go -- or even across the globe -- Docusign provides a professional trusted solution for Digital Transaction ManagementTM 2 Questions about the Document? If you need to modify the document or have questions about the details in the document, please reach out to the sender by emailing them directly. Stop receiving this email Report this email or read more about Declining to sign and Managing notifications. If you have trouble signing, visit "How to Sign a Document" on our Docusign Support Center, or become part of the Docusign Community to access tips and guidance from peers. •Download the Docusign App This message was sent to you by Jesly De Los Santos who is using the Docusign Electronic Signature Service. If you would rather not receive email from this sender you may contact the sender with your request. 3