Res. No. 092-99-10716RESOLUTION NO.92-99-10716
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITYOFSOUTHMIAMI,FLORIDA,RELATINGTOCONSULTANT
CONTRACT WITH DONDELANEY,D.B.A.SDI,INC.EXERCISING THE
TERMINATION CLAUSE CONTAINED IN SECTION 5 OF THE
CONTRACT WITH DON DELANEY,D.B.A.SDI,INC.
WHEREAS,theCity of SouthMiamihasacontractwithDonDelaney,d.b.a.SDI,Inc.forthe
provision of consultingservicesfortheSouthMiamiCommunityRedevelopmentAgency;and
WHEREAS,theCityisno longer-requires thest
for convenience clause contained in Section 5 of the contract.
id-wishes to exercise the termination
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI:
Section 1.TheCity Commission hereby exercises Section 5.Termination,inthe contract
withDon Delaney,d.b.a.SDI,Inc.
Section 2.Writtennoticeistobe provided toDonDelaney,d.b.a.SDI,Inc.,assoonas
possible.
Section 3.
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this4thday of May,1999.
APPROVED:
Mayor
COMMISSION VOTE:5-0(as mended)
Mayor Robaina:Yea
VM Oliveros:Yea
Commissioner Bethel:Yea
Commissioner Feliu:Yea
Commissioner Russell:Yea
^t&Cz*
City Attorney
CITY OF SOUTH MIAMI
To:Mayor and Commission
From:Charles ScurrCityManagerA/j /J^/7
Date:May 4,1999
/rAgendaItem#
Termination of the Contract with Don
Delaney,d.b.a.SDI,Inc.
The attached resolution has been placed on the Agenda per the request of Commissioner Feliu.
AGREEMENT
THIS AGREEMENT,entered into on September 1,1998,between:the CITY OF
SOUTH MIAMI,FLORIDA,herein after referred to as "City,"and DON DELANEY,dba
SDI,Inc.,a redevelopment and tax increment financing consultant with office located at
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
of the 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 desires the CONSULTANT to assist in assuring that the
CITY complies with ail the necessary requirements as set forth in CHAPTER 163,Part
»'Florida Statutes,and with its adopted Community Redevelopment Plan;and
WHEREAS,the CONSULTANT possesses the requisite 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 agreeas follows:
1.SCOPEOFSERVICES
A.The CONSULTANT shall serve in a technical capacity as required
regarding the implementation of the official SMCRA Plan and supporting
programs.
B.The CONSULTANT shall serveasa technical expertand financial advisor
regarding ail aspects of redevelopment activities as theyrelatetothe
establishment ofthetax increment financing mechanism,trust fund,and
Redevelopment Bond issues.
C.The CONSULTANT shall coordinate activities regarding the Interlocal
AgreementbetweenDadeCountyandthe City as well as other relevant
taxing districts.
D.The CONSULTANT shall prepareanyand all resolutions and ordinances
necessary for the Interlocal Agreement,planrevisions,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 agreesto provide Redevelopment andTax Increment
services in the manner and extent as determined by the Mayor and
Commission andthe Office ofthe City Manager.
F.The CONSULTANT agreestorepresentthe city to private sector
development interests,assist in review and analysis of development
proposals,and provide presentations relating to potential development
within the CRA areaas appropriate,and in conjunction with city staff.
G.The CONSULTANT shall serve in a technical capacity as required to
identify funding sources,prepare grant/funding applications,in conjunction
with city staff,onbehalfofthe city to improve servicesandenhance
community and economic development,torepresentthe city as
appropriate during the grant/funding application process,andserveas
lobbyist relating tothese grant/funding applications as appropriate.
2.TIME FOR PERFORMANCE
The CONSULTANT agrees to perform ail services in a timely and diligent manner upon
execution of this Agreement.
3.COMPENSATION ANDMETHODOF PAYMENT
All payments will be made in a timely fashion after receipt of 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 of the tasks to be performed under
this contract,shall be paid by the City beginning the month of September
1998.
4.OWNERSHIP OFDOCUMENTS
Reports,services and other data obtained or prepared in connection with the
Agreement are and shall remain the property of the CITY.The CONSULTANT shall
have the rights to any and all publication efforts resulting from reports,surveys and
other data obtained or prepared in connection with the Agreement.
5.TERMINATION
This agreement may be terminated by the CITY or CONSULTANT for cause,or by the
CITY for convenience,upon thirty (30)days written notice by the terminating party to the
other party of such termination in which event the CONSULTANT shall be paid its
compensation for services performed to termination date.In the event that the
CONSULTANT abandons this AGREEMENT or causes it to be terminated,any
applications,maps,work products and reports prepared by CONSULTANT pursuant to
this Agreement shall become the property of the CITY and shall be delivered by the
CONSULTANTto the CITY.
6.NON-DISCRIMINATION
The CONSULTANT agrees that it will not discriminate against any of its employees or
applicants for employment because of their race,color,religion,sex or national origin,
and to abide by ail Federal and State laws regarding non-discrimination.
7.COMPLETENESS AND ACCURACY OF WORK
The CONSULTANT shall be responsible for the completeness and accuracy of its work,
plan,supporting data,and other documents prepared and compiled under its obligation
pursuanttothisAgreementandshallcorrectatits expense ail significant errorsor
omissions therein whichmay be disclosed.
8.PROJECT MANAGER
The CONSULTANTS project manager under this Agreement is Don DeLaney.The
CITY'S Project Manager under this Agreement is the Deputy City Manager.
9.QUARTERLY REPORTS
The CONSULTANT shall submit quarterly reports to the Deputy City Manager,
beginning December 1,1998,detailing his monthly work schedule,progress,time
expended,and costs incurred.
Don DeLaney,President
SDI,Inc.
DATE:
WITNESS:FOR THE CONSULTANT
DATE:
FOR CITY
TITLE:
DATE:
WITNESS:FOR THE CITY
DATE: