Res. No. 258-98-10526RESOLUTION NO.258-98-10526
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO CONSULTANT
CONTRACT,AUTHORIZING THE CITY ADMINISTRATION TO EXTEND
A CONTRACT WITH DON DELANEY.DBA,SDI,INC.,ON A RETAINER
BASIS,UNDER TERMS APPROVED BY RESOLUTION #30-97-10001,
FOR PROFESSIONAL SERVICES RELATED TO COMMUNITY
REDEVELOPMENT AGENCY(CRA)PROGRAM IMPLEMENTATION,
TAX INCREMENT FINANCING.GRANT WRITING ANDLOBBYING
SERVICES RELATED TO CRA,AND OTHER ACTIVITIES RELATED TO
THE CITY OF SOUTH MIAMI CRA AT A MONTHLY RETAINER FEE OF
$9,600 PER MONTHBEGINNING SEPTEMBER 1998.THE
EXPENDITURE WILL BE PAID FROM ACCOUNT #001-0000-132-15.00,
"CRA PREPAID EXPENSES."
WHEREAS,the Mayor and CityCommissionstrongly support the expeditious
implementationof the South Miami Community Redevelopment AgencyPlan designed
and created tobring economic equityto the city'sCRA area,and improve the qualityof
life for those South Miami residents who live within its boundaries;and
WHEREAS,the Mayor and CityCommission recognize that improvingthe
decliningtax base in the designated area will benefit the entirecommunity,and can be
accomplished if redevelopment efforts are fostered and supported;and
WHEREAS,the Cityof South Miami'sCommunity Redevelopment Agency has
been created and approved bytheMayorandCityCommission,and approved by the
Miami-Dade CountyBoardofCounty Commissioners in accordance with Chapter 163,
Part III,Florida Statutes;and
WHEREAS,the Mayor and City Commission has determined that Mr.Don
DeLaney,dba SDI,Inc.,has provided excellent service under the present contract and
possesses unique qualifications and expertise;and
WHEREAS,the Mayor and City Commission has determined that itis prudent to
continue utilizing the professional services ofDonDeLaney,dba SDI,Inc.,toperform
necessary work related to community redevelopment,tax increment financing,pursuitof
private sector funding,CRArelatedgrant writing and lobbying services,and other CRA
related services as requested by the city;and
WHEREAS,Don Delaney,dba SDI,Inc.,a Consultant withofficein Hobe Sound,
Florida,possesses the requisite skills,knowledge,expertise and resources toperform
the services required;
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That the CityAdministrationisauthorizedto execute acontractwith
Don Delaney to provide consulting servicesona retainer basis,attherateof$9,600per
month beginning September 1,1998,tobe paid from account#001-0000-132.15.00,
"CRA Prepaid Expenses."
Section 2.The Contract,whichis annexed and made part of thisresolution
shallbe amended toaddanew paragraph 9 stating:"Theconsultantshallsubmit
quarterly reports tothe Deputy City Manager,beginning December 1,1998,detailing his
monthly workschedule,progress,timeexpended,andcosts incurred."
Section 3:The terms and conditions of scope of services,compensation and
method of payment,termination,and other required termsare contained in the
agreement attached hereto.
Section 4.This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 1st dayof September,1998.
ATTEST:a APPROVED•Ml CO I.A j-»r r ixwi-i-f.
CITY CLERK //MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayorand Commission Date:August 26,1998
Agenda Item #
From:Charles Scurr /7/1/J&^'Subject:Comm.Mtg.9/1/98
City Manager /A^ia^CRA Consultant
This item is brought back to the Commission after being tabled on August 18th.
The attached resolution authorizes the City Administration to enter an agreement with
DonDeLaney,doing business as SDI,Inc.,HobeSound,Florida,extending and
modifying thetermsandconditionsapprovedinResolution #30-97-1001.This
resolutionand the attached modified agreement places Mr.DeLaney ona monthly
retainerwith the citytoprovideconsulting services to the South Miami Community
Redevelopment Agency onareducedlevelnowthat the Plan has been written,
submitted andapprovedby the CountyCommission.The contractalso adds other
services targetedtooptimize the success oftheSouth Miami CRA.These services
include:
1.Recruitmentofprivate redevelopment interestsandprovisionoftechnical information
relating topotential sites withinCRAareato assist developers indeterminingproject
feasibility.
2.Evaluationofproposed development intermsofgoalsand objectives for the CRA
area,negotiating terms andconditionsto ensure maximum financial advantage tothe
city,andpresenting these development possibilities tothecity administration,elected
officials and public as appropriate.
3.Serve as the negotiator andlobbyisttowards the adoption of an acceptable Interlocal
Agreement between the DadeCountyBoardofCounty Commissioners and the
South Miami City Commission regarding CRA powers,use of eminent domain,
reporting requirements,budget authorityandCounty contributions to the City'sTIF
trust fund.
4.As CRA Consultant,provide necessary professional guidance and support in the
implementation of CRA Plan approved programsand projects in accordance with
Florida Statutes,CRA Plan,and Interlocal Agreement -including early Quick Victory
projects.
5.Pursue private sector contributions to projects supported by the Mayor,Vice Mayor
and Commission to receive tax credits through the state for contributions made by
the private sector to Commission-approved projects.
a
6.In coordinationwith Mayor Robaina,secure approvalofMayor Penelas and Rene
Rodriguez to explore the privatization ofthe Dade County Housing Authority project
located in the SMCRA andto negotiate and secure approval of the necessary
interlocal agreementbetweentheDadeCounty Commission andthe City
Commission to implement this activity.
7.Prepare Requests for Proposals for redevelopment projects within CRA area,review
andevaluate proposals submitted,andmake recommendations tothe City.
8.Identify potential grant sources,prepare grant applications,present grants to funding
sources,lobby approval of grants as appropriate andnecessary,to maximize funds
available to implement CRA programs and/or useCRAfundstomatch grant funds.
9.Investigate and assess possible funding sourcessuchasSunshineState Loan Pool,
Florida Leagueof Cities,etc.toexpeditethe availability of financial resourcesto
implement programs utilizing future TIF funds tosecure low interest loan.
10.Represent CRAto community groups and organizations suchas Chamber of
Commerce,Beacon Council,Miami-Dade County,as assigned,topromotethe
SMCRA,andits programs,andtoenlist support,assistanceand coordination in
promoting theredevelopmenteffortsofthe City.
Thiscoordination of tasks will serve togreatly expand and enhance the resources
available to fund CRA programs and projects,andacceleratethecommunity
improvements.
It isessentialthatthe programs approved in theSMCRA Plan be properly established
inaccordancewiththe Interlocal Agreement andwithChapter 163 part III,Florida
Statutes.The life of the CRA can extend to30years,and failure toproperly establish
these long-term programs couldjeopardizethe long-term success oftheagency.
The South Miami CRA has the potentialofbeing the most successful CRA in Miami-
DadeCountywiththe initial taxincrement from the Shops at Sunset Place.More than
$11,000,000 in tax revenues generated within thiscommunitythatwouldotherwise
have been usedthroughouttheCounty will bereturnedtothecity for economic
development.Thisisa tremendous return onthe city's investment in creating the CRA.
Thecreationofthe agency isalmostcomplete.The task beforeusnowisto ensure
thatweproduceresultsand effect change.Theeconomicimpactthis agency can
generate is monumental.Its early success will setthestage for its overall success.
Staffing will beachievedby assigning 50%ofthe Deputy City Manager's timeto CRA,
and continuing to utilize Mr.DeLaneyasourCRA Consultant.Mr.DeLaneyandthe
DeputyCity Manager haveestablisheda goal for theSMCRAtogenerate
approximately $500,000 in non-TIF funds for theagency during the first yearofthe life
oftheagency.These funds will begenerated from alternate public and private funding
sources.As youknow,the first yearTIF revenue will be extremely low.Thistaxyear
the assessment within the CRA area has again declined -reinforcing the need for
Community Redevelopment.Itis important to maintain the momentum and tofollow
throughwith the promises made tothis community to make some positive economic
changes within the CRA area.The CRA's long-term success depends upon ourearly
commitment and our ability to establish and implement the programs we have planned
for the community.Mr.DeLaney has conducted one-on-one briefings with each of you
regarding the required next steps and the projectsthatarealready underway -
including the Quick Victoryprojectsthat will be forthcoming.
Mr.DeLaney agrees toprovideaminimumof3 days per week to the South Miami
Community Redevelopment Agency to complete the final steps in the establishment of
the CRA -the negotiationof the Interlocal Agreement withMiami-DadeCounty,the
programsandprojectimplementation phase forthis agency,represent the cityto
private sector development interests,as wellasgrant/fundingapplications,
presentations,andlobbying services relatingtoCRA.The monthly retainerfeefor Mr.
DeLaneyis $9,600 permonth.Thisfee will bechargedtogeneralledger account
#001-0000-132.15.00 titled,"Advances to other funds/CRA Prepaid Expenses."In
accordance withresolution #204-98-10472,expenses incurredby the CRA will be
advanced anticipating reimbursement from the Community Redevelopment Agency TIF
funds.Allrelated expenses such as printing,secretarialsupport,printing andcopying,
travel,lodging,andmeal expenses,relating to tasks tobeperformedunderthis
contract are the responsibility of the Consultant.
I recommend approval.
RESOLUTION NO.204-98-10472
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO TRANSFER OF
FUNDS;AUTHORIZING THE CITY MANAGER TO CREATE A NEW
ACCOUNT NUMBER 001-0000-132.15.00 TITLED.CRA PREPAID
EXPENSES;AUTHORIZING ALL PAST AND FUTURE CRA RELATED
EXPENSES CHARGED TO GENERAL FUND BE TRANSFERRED INTO
THE NEW ACCOUNT FOR REIMBURSEMENT BY COMMUNITY
REDEVELOPMENT AGENCY (CRA)FUNDIN THE FUTURE;PROVIDING
FOR TERMS OF REIMBURSING THE GENERAL FUND.
WHEREAS,theCityCommission of SouthMiamiandMiami-DadeCountyCommission
have approved the creation of South Miami Community Redevelopment Agency (SMCRA);and
WHEREAS,inthepast,all incidental expensestothecreation of theSouthMiami
Community Redevelopment Agency(SMCRA)have been charged totheCity general fund budget;
and
WHEREAS,inaccordancewithFloridaState Statute,section163.387(6b),these
expenses are fully reimbursable withthe community redevelopment agency funds;and
WHEREAS,theCity Administration wishestoestablishaprocesswherebyall expenses
relating to community redevelopment agency,previously paid from die general fund willbe
reimbursed bythe(SMCRA)in equal amounts overa five-year period,beginning when sufficient
fundsareavailableinthe Community Redevelopment Agency Trust Fund.
NOW,THEREFORE,BEIT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI THAT:
Section 1.TheCity Manager is authorized tograduallytransferthesum of $226,215.94
fromthe CRA TrustFundinthefuturewithoutjeopardizingnew CRA programs,whenfundsare
available.Thisamount represents the SMCRA Consultants for preparing the finding of necessities,
the SMCRA plan,andassistingintheapprovalprocess.
Section2.Theamount referenced insection1paragraphabovebedistributedas follows:
$90,815.94 to account 001-0000-369.300,titled "Refund of Prior Year's Expenses"for
all CRA relatedexpensesincurredinthe1995/96and 1996/97 fiscalyears.
$135,400.00 toaccount 001-2100-519.9920 titled "Non-Departmental General
Contingency"for consulting expensesincurredinthecurrentfiscalyear.
AGREEMENT
THIS AGREEMENT,entered intoonJuly 21,1998,between:the CITY OF
SOUTH MIAMI,FLORIDA,hereinafterreferredto as "City,"and DON DELANEY,dba
SDI,Inc.,a redevelopment andtax increment financing consultant with office located at
8422 S.E.Royal Street,Hobe Sound,Florida 33455,hereinafter referred toas
"CONSULTANT.r.»-
WHEREAS,the CITY desires the CONSULTANT to assist in the.implementation
ofthe approved South Miami Redevelopment Plan (SMCRA Plan)with supporting
programs and a tax increment trust fund,pursuit of private sector-funds,grant writing
and lobbying services relating to CRA,assist in review and analysis of development
proposals,and to represent the CITY when appropriate on issues and policies related
to CRA.
WHEREAS,the City desiresthe CONSULTANT toassist in assuringthatthe
dTY complies with all the necessary requirements asset forth in CHAPTER 163,Part
III Florida Statutes,andwithitsadopted Community RedevelopmentPlan;and
WHEREAS,the CONSULTANT possesses therequisite skills,knowledge,
expertiseand resources to perform these services.
NOW THEREFORE,in consideration of the mutual terms and conditions,
promises,covenants and payments hereinafter set forth,the CITY andthe
CONSULTANT agree as follows:
1.SCOPE OF SERVICES
A,The CONSULTANT shall serve in a technical capacity as required
regarding the implementation ofthe official SMCRA Planand supporting
programs.
B.The CONSULTANT shall serve as a technical expert and financial advisor
regarding all aspects of redevelopment activities as they relate to the
establishment of the tax increment financing mechanism,trust fund,and
Redevelopment Bond issues.
C.The CONSULTANT shall coordinate activities regarding the Interlocal
Agreement between Dade County and the City as well as other relevant
taxing districts.
D.The CONSULTANT shall prepare any and all resolutions and ordinances
necessary for the Interlocal Agreement,plan revisions,and amendments
for submission to the City's legal counsel,city management staff,City
Commission,and Miami-Dade County Commission as appropriate.
E.The CONSULTANT agrees to provide Redevelopment and Tax Increment
services in the manner and extent as determined by the Mayor and
Commission and the Officeof the City Manager.
F.The CONSULTANT agrees to represent the city to private sector
development interests,assist in review and analysis of development
proposals,and provide presentations relating to potential development
within the CRA area as appropriate,and in conjunction withcitystaff.
Q,The CONSULTANT shall serve ina technical capacity as required to
identify funding sources,prepare grant/funding applications,in conjunction
with eity staff,on behalf of the eity to improve services and enhance
community and economic development,to represent the city as
appropriate during the grant/funding application process,and serve as
lobbyist relating to these grant/funding applications as appropriate.
2.TIME FOR PERFORMANCE
The CONSULTANT agrees to perform all services inatimely and diligent manner upon
execution of this Agreement,
3.COMPENSATION AND METHOD OF PAYMENT
All payments will bemade in a timely fashionafterreceiptof monthly invoice from the
CONSULTANT.
A,Amonthly retainer payment of $9,600,00,which covers the cost of all
travel,lodging,and meal expenses,printing,secretarial services,and
phone expenses,for the completion ofthe tasks tobe performed under
this contract,shall be paid by the City beginning the monthof August
1998.
4.OWNERSHIP OF DOCUMENTS
Reports,servicesandotherdata obtained orprepared in connection with the
Agreement areandshall remain the property ofthe CITY.The CONSULTANT shall
havetherightstoanyandall publication effortsresulting from reports,surveys and
other data obtained or prepared in connection with the Agreement.
§,TERMINATION
This agreement maybe terminated bythe CITY or CONSULTANT for eause.opbythe
CITY for convenience,uponthirty(30)days writtennoticeby the terminatingpartyto the
other party ofsuch termination in which eventthe CONSULTANT shall be paid its
compensation for services performedtotermination date.In the event thatthe
CONSULTANT abandons this AGREEMENT or causes it to be terminated,any
applications,maps,workproductsandreports prepared by CONSULTANT pursuantto
this Agreement shall become thepropertyofthe CITY andshallbedeliveredbythe
CONSULTANT to the CITY.
6.NONDISCRIMINATION
The CONSULTANT agrees that it will notdiscriminate against anyofits employees or
applicantsforemployment because oftheirrace,color,religion,sex ornational origin,
and toabide t?y all Federal and State laws regardingnon-discrimination,
7.COMPLETENESS AND ACCURACY OF WORK
The CONSULTANT shall be responsible for the completeness and accuracy ofitswork,
plan,supportingdata,and other documentspreparedandcompiled under its obligation
pursuanttothisAgreementandshallcorrectatits expense all significant errorsor
omissions therein whichmay be disclosed.
8.PROJECT MANAGER
The CONSULTANTS project manager underthisAgreementisDonDeLaney.The
CITY'S ProjectManagerunderthisAgreementisthe Deputy City Manager.
Don DeLaney,President
SDI,Inc.
DATE:
WITNESS:FOR THE CONSULTANT
DATE:
FOR CITY
TITLE:
DATE:
WITNESS:FOR THE CITY
DATE:
AGREEMENT
THISAGREEMENT,entered intoon September 1,1998,between:the CITYOF
SOUTH MIAMI,FLORIDA,herein after referredto as "City,"and DON DELANEY,dba
SDI,Inc.,aredevelopmentandtaxincrement financing consultant with office locatedat
8422 S.E.Royal Street,Hobe Sound,Florida 33455,hereinafter referred to as
"CONSULTANT."
WHEREAS,the CITY desires the CONSULTANT to assist in the implementation
oftheapprovedSouth Miami Redevelopment Plan (SMCRA Plan)withsupporting
programs andatax increment trustfund,pursuitofprivate sector funds,grant writing
andlobbying services relatingto CRA,assist inreview and analysis of development
proposals,and to represent the CITYwhen appropriate on issues and policies related
oCRA.
WHEREAS,theCity desires the CONSULTANT to assist in assuring thatthe
CITY complieswithall the necessary requirements as set forthinCHAPTER 163,Part
III Florida Statutes,and withits adopted Community Redevelopment Plan;and
WHEREAS,the CONSULTANT possesses therequisite skills,knowledge,
expertise and resources to perform these services.
NOW THEREFORE,in consideration of the mutual terms and conditions,
promises,covenants and payments hereinafter set forth,the CITY and the
CONSULTANT agree as follows:
1.SCOPE OF SERVICES
A.The CONSULTANT shall serve inatechnical capacity as required
regardingtheimplementationofthe official SMCRAPlan and supporting
programs.
^•p'^gj
B.The CONSULTANT shall serve as a technical expert and financial advisor
regarding all aspects of redevelopment activities as they relate to the
establishment of the tax increment financing mechanism,trust fund,and
Redevelopment Bond issues.
C.The CONSULTANT shall coordinate activities regarding the Interlocal
Agreement between Dade County and the City as well as other relevant
taxing districts.
D.The CONSULTANTshall prepare any and all resolutions and ordinances
necessary for the Interlocal Agreement,plan revisions,and amendments
for submission to the City's legal counsel,city management staff,City
Commission,and Miami-Dade County Commission as appropriate.
E.The CONSULTANT agrees to provide Redevelopment and Tax Increment
services in the manner and extent as determined by the Mayor and
Commission and the Officeof the City Manager.
F.The CONSULTANT agrees to represent the cityto private sector
development interests,assist in review and analysis of development
proposals,and provide presentations relating to potential development
within the CRA area as appropriate,and in conjunction withcitystaff.
G.The CONSULTANTshall serve ina technical capacity as required to
identifyfunding sources,prepare grant/funding applications,in conjunction
withcitystaff,on behalf of the cityto improve services and enhance
community and economic development,to represent the city as
appropriate during the grant/funding application process,and serve as
lobbyistrelatingto these grant/funding applications as appropriate.
2.TIME FOR PERFORMANCE
The CONSULTANT agrees toperformall services inatimely and diligent manner upon
execution of this Agreement.
3.COMPENSATION AND METHOD OF PAYMENT
All payments will be made inatimelyfashion after receiptofmonthlyinvoicefrom the
CONSULTANT.
^w^
A.A monthly retainer payment of $9,600.00,which covers the cost ofall
travel,lodging,and meal expenses,printing,secretarial services,and
phone expenses,forthecompletionof the tasks tobeperformed under
thiscontract,shallbepaidbythe City beginning the month of September
1998.
4.OWNERSHIP OF DOCUMENTS
Reports,services and other data obtained or prepared in connection with the
Agreement are and shall remain the property of the CITY.The CONSULTANTshall
have the rightstoanyandallpublicationeffortsresultingfromreports,surveys and
other data obtained or prepared in connection with the Agreement.
5.TERMINATION
This agreement maybeterminatedbythe CITY or CONSULTANT for cause,orbythe
CITY for convenience,uponthirty(30)days writtennoticeby the terminatingpartytothe
other partyof such termination inwhich event the CONSULTANTshall be paidits
compensation for services performed to termination date.In the event that the
CONSULTANT abandons thisAGREEMENTor causes itto be terminated,any
applications,maps,work products and reports prepared byCONSULTANT pursuant to
this Agreement shall become the property of the CITY and shall be delivered by the
CONSULTANT to the CITY.
6.NON-DISCRIMINATION
The CONSULTANT agrees that it will not discriminate against any ofits employees or
applicants for employment because of their race,color,religion,sex or national origin,
and to abide byall Federal and State laws regarding non-discrimination.
7.COMPLETENESS AND ACCURACY OF WORK
The CONSULTANT shall be responsible for the completeness and accuracy ofitswork,
plan,supporting data,and other documents prepared and compiled under its obligation
pursuant tothis Agreement and shall correct at its expense allsignificant errors or
omissions therein which may be disclosed.
8.PROJECT MANAGER
The CONSULTANT'S projectmanagerunderthisAgreementis Don DeLaney.The
CITY'S ProjectManagerunderthisAgreementistheDeputyCityManager.
9.QUARTERLY REPORTS
The CONSULTANT shallsubmitquarterlyreportstotheDeputyCityManager,
beginning December 1,1998,detailinghismonthlywork schedule,progress,time
expended,and costs incurred.
Don DeLaney,President
SDI,Inc.
DATE:Vll/^7
WITNESS:FOR THE CONSULTANT
FOR CITY
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DATE:0f./?.9 f
WITNESS:FOR THE CITY
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