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Res. No. 136-99-10760RESOLUTION NO.136-99-10760 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO CONSULTANT CONTRCT,AUTHORIZING THE CITY ADMINISTRATION TO EXTEND A CONTRACT WITH DON DELANEY,DBA,SDI,INC.,ONA RETAINER BASIS,UNDER TERMS APPROVED BY RESOLUTION #30-97-10001,FOR PROFESSIONAL SERVICES RELATED TO COMMUNITY REDEVELOPMENT AGENCY(CRA)PROGRAM IMPLEMENTATION,TAXINCREMENT FINANCING, LOBBYING SERVICES RELATED TO CRA,AND OTHER ACTIVITIES RELATED TO THE CITY OF SOUTH MIAMI CRA AT A MONTHLY RETAINER FEE OF $4,800.00 PER MONTH BEGINNING JUNE 12,1999AND ENDING SEPTEMBER 30, 1999.THE EXPENDITURE WILL BE PAID FROM ACCOUNT # 001-0000-132-15.00,"CRA PREPAID EXPENSES";PROVIDING AN EFFECTIVE DATE. WHEREAS,the Mayor and City Commission oftheCityof South Miami strongly support the expeditious implementation ofthe South Miami Community Redevelopment Agency Plan designed and created to bring economic equity tothe city'sCRA area,and improve the quality oflifefor those South Miami residents who live within its boundaries;and, WHEREAS,theMayorandCity Commission recognize that improving the decliningtaxbaseinthe designated areawillbenefittheentire community,and canbeaccomplished if redevelopmenteffortsarefosteredandsupported;and WHEREAS,theCity of South Miami's Community Redevelopment AgencyhasbeencreatedandapprovedbytheMayorandCityCommission,and approvedbytheMiami-DadeCountyBoard of CountyCommissionersin accordance with Chapter 163,PartIII,FloridaStatutes;and WHEREAS,the Mayor andCityCommissionhas determined thatMr.Don DeLaney,dbaSDI,Inc.,hasprovidedexcellentserviceunderthepresentcontract and possesses uniquequalificationsandexpertise;and WHEREAS,the Mayor andCity Commission has determined that itis prudenttocontinueutilizingtheprofessionalservices of DonDeLaney,dbaSDI, Inc.,toperformnecessaryworkrelatedto community redevelopment,tax increment financing,pursuitof private sector funding,CRArelatedgrant writing Additionsshownby underlining and deletions shownby overstriking. Page1 of2 and lobbying services,andother CRA related services as requested bythe city; and WHEREAS,DonDelaneydbaSDI,Inc.,aConsultantwithofficeinHobe Sound,Florida,possessesthe requisite skills,knowledge,expertise and resources to perform the services required. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA; Section1.ThattheCityAdministrationisauthorizedtoexecute a contract with Don Delaney to provide consulting services ona retainer basis,atthe rateof $4,800.00 per month beginning June 12,1999,tobepaid from account # 001-0000-132-15.00,"CRA Prepaid Expenses". Section2.TheconsultantshallsubmitquarterlyreportstotheCRA Director/AssistantCityManager,detailinghismonthlyworkschedule,progress, timeexpended,andcostsincurred. Section 3.Thetermsandconditionsofscope of services,compensation and metliod of payment,termination,andother required tennsare contained inthe agreement attached hereto. Section 4.This resolution shalltakeeffect immediately uponapproval. PASSED AND ADOPTED this8thday of June,1999. ATTEST:APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: /City attorney 2£ Page2 of2 MAYOR Commission Vote:4-1 Mayor Robaina:Yea Vice Mayor Oliveros:Yea Commissioner Feliu:Yea Commissioner Bethel:Yea Commissioner Russell:Nay CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor aid Commission Date:June 4,1999 •M^^Agenda Item #Cr f FromKCharlls Scurr Subject:Comm.Mtg.6/8/99 "City Manager CRA Consultant REQUEST The attached resolution authorizes the City Administration to enter an agreement with Don DeLaney,doing business as SDI,Inc.,Hobe Sound,Florida,extending and modifying the terms and conditions approved in Resolution #30-97-1001.This resolution and the attached modified agreement places Mr.DeLaney ona monthly retainerwith the cityto provide consulting services to the South Miami Community Redevelopment Agency ona reduced level of services to the CRA.Under the new contract,the services will be reduced from 24 hours per week to 12 hours per week. The Consultant has agreed to extend the hourlyrate of $100.00 per hour for this contract.The monthly retainer amount will be $4,800.This fee will be charged to general ledger account #001-0000-132.15.00 titled,"Advances to other funds/CRA Prepaid Expenses."in accordance with resolution #204-98-10472. BACKGROUND AND ANALYSIS The Commission voted on May 4th to execute the termination clause ofthe current contract with Mr.DeLaney,and directed administration to renegotiate a retainer contract with reduced level of services.Dueto the highly technical nature of the work in progress it would not be prudent to reduce services to fewer than 48 hours per month for the remainder of this fiscal year.The Consultant will continue to serve the CRA as lobbyistand negotiator with the County Commission inregardto the final approvalof the Interlocal Agreement;serve as lead negotiator withregardto SMCRA RFP&Q98- 10-01;technical advisor to the CRABoardandAdvisoryBoardfor development ofthe CRA biannual budget andannual report;will attendCRABoard meetings astechnical advisor;and perform other services relatingto the SMCRA as defined in the attached Agreement All related expenses suchas,secretarial support,printing and copying,travel,lodging, andmeal expenses,relatingto tasks tobeperformed under this contract are the responsibility of the Consultant. It should benotedthattheabovescopeofservicesincludes continued negotiations with the Simon/Comras group relative tothe 71st Street joint development.If these negotiations cease then the level of work forMr.DeLaney would be reduced to 33%of the current level,or $3,200 per month. This contract ends September 30,1999.Mr.DeLaney's responsibilities for next fiscal year will be decided as part of the FY 1999-2000 budget process. This item was deferred on June 1.The attached contract has been amended in regard to reporting requirements. RECOMMENDATION Approval is Recommended AGREEMENT THIS AGREEMENT,entered intoon June 12,1999,between:Cityof South Miami,herein after referred to as the "CITY,"and SDI,INC.(EIN #65-0320035),a Sub- Chapter SFlorida corporation wholly owned byDON DELANEY,a redevelopment and tax increment financing consultant withoffice 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(SMCRAPlan)withsupporting programs and atax increment trustfund,pursuitofprivate sector funds,grant writing and lobbying services relatingto the CRA,assist inreview and analysis of development proposals,andto represent the whenappropriateon issues andpoliciesrelatedto CRA. WHEREAS,the CITY desires the CONSULTANT to assist in assuring that the CITY complies withall the necessary requirements as set forthin CHAPTER 163,Part III Florida Statutes,and withits adopted Community Redevelopment Plan;and WHEREAS,the CITY desires the CONSULTANT to assist the Cityof South Miamiin assuring that the it complies withall the necessary requirements as set forthin Chapter 163,Part III,Florida Statutes as they relate to findings of necessity,community redevelopment plans,tax increment financing,and redevelopment programs and activities,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 agree as follows: 1.SCOPE OF SERVICES A.The CONSULTANT shall serve inatechnical capacity as requiredregarding the implementationof the official SMCRAPlan and supporting programs. B.The CONSULTANT shall serve as technical expert and financial advisor regarding all aspects of redevelopment activities as they relate to the establishment of tax increment financing mechanism,trust fund,and Redevelopment Bond issues. C.The CONSULTANTshall coordinate activities regarding the Interlocal Agreement between Dade County and the City and serve as the CITY'S lobbyistwith the Miami-Dade County Boardof Commissioners regarding the Interlocal Agreement approval process. D.The CONSULTANT shall serve as lead negotiator for the current proposed redevelopment project related to SMCRA RFP&Q 98-10-01. E.The CONSULTANT shall serve as technical advisor and financial advisor in the development of the 1999-2000/2000-2001 biannual budget for the SMCRA,workingwith staff and advising the SMCRABoard and Advisory Board as needed. F.The CONSULTANT shall serve ina technical capacity as requiredinthe preparation of the 1999-2000 SMCRAAnnual Report to the Auditor General, the Department ofCommunityAffairs,and the Miami-Dade County Boardof County Commissioners as directed. G.The CONSULTANT shall attend SMCRABoard meetings as technical advisor. H.The CONSULTANT agrees to represent the CITY toprivatesector developmentinterests,assist in reviewandanalysisofdevelopment proposals,andprovidepresentations relating to potential development within the CRA area as appropriate,and in conjunction with citystaff. I.The CONSULTANT agrees to provide Redevelopment andTax Increment services in themannerandextent as determined bythe Mayor and Commission andthe Office ofthe City Manager. 2.TIME FOR PERFORMANCE The CONSULTANT agrees toperformall services inatimely and diligent manner upon execution of this Agreement. 3.REPORTING REQUIREMENTS The Consultant shallsubmitmonthlyreports,alongwithhisinvoice,detailingworkdown to half-hour increments. 4.COMPENSATION AND METHOD OF PAYMENT All payments will be made pursuant to the following schedule. A.A monthly retainer payment of $4,800,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,beginning June 12,1999 and ending September 30,1999.Total payments under this contract shall total $17,400,at the rate of $100.00 per hour for 48 hours per month. B.The payments shall be made as follows: June 12 -June 30 (2 Vz weeks)$3,000 July $4,800 August $4,800 September $4,800 4.OWNERSHIP OF DOCUMENTS Reports,services and other data obtainedor prepared inconnection with theAgreement are and shall remain the property of the CITY.The CITY and CONSULTANT shall have the rights toanyand all publication efforts resulting from reports,surveysandotherdata obtained or prepared in connection with the Agreement. 5.TERMINATION This agreement may be terminated by the CITY or CONSULTANT for causeor by the CITY for convenience upon thirty (30)days written notice by the terminating party tothe other party ofsuch termination in which eventthe CONSULTANT shall be paid its compensation for services performed to termination date.In the event that the CONSULTANT abandons this Agreement or causes itto be terminated,any application, maps,work products and reports prepared by CONSULTANT pursuant to this Agreement shall become the property of the CITY and shall be delivered by CONSULTANT to 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 byall Federal and State laws regarding non-discrimination. IN WITNESS WHEREOF,the parties have executed this Agreement as of this date first above written. Don DeLaney,President FOR CITY SDI,Inc. DATE:DATE: WITNESS:FOR THE CONSULTANT/SDI,Inc.:WITNESS:FOR CITY: DATE:DATE: