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3THE CITY OF PLEASANT LIVING To: FROM: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager DATE: January 17, 2017 . Agenda Item No.: '3 SUBJECT: BACKGROUND: FUND & ACCOUNT: ATTACHMENTS: A Resolution authorizing the City Manager to enter into a contract for consulting services with Redevelopment Management Associates (RMA) for Phase I of a business improvement district plan. South Miami Hometown, Inc. and Red Sunset Merchants Association have requested that the City join with them in establishing a Business Improvement District in the downtown area of the City. A consultant, Redevelopment Management Associates, (RMA) was chosen by South Miami Hometown, Inc. and Red Sunset Merchants Association and have been negotiating with RMA for the establishment of a Business Improvement District with the help of the City. The total agreement which includes 3 phases, is for a total contract amount of $27,450. The resolution being presented for your review and approval is to approve specifically Phase I and the City's responsible expenditure amount of $5,000 which represents 1/3 of the cost for Phase I. The last two phases are contingent upon the results from Phase I and approval of this resolution does not provide for the City to expend any amount towards phases 2 or 3. The total expenditure of $5,000 shall be charged to the City Manager, Contractual Services, account number 001-1310-513-3450, which has a balance of $65,000 before this request was made. Resolution Business Improvement Agreement Redevelopment Management Associates, (RMA) Proposal Sun-Biz 1 RESOLUTION NO: _____ _ 2 A Resolution authorizing the City Manager to enter into a contract for 3 consulting services with Redevelopment Management Associates, LLC 4 (RMA) for Phase I of a business improvement district plan. 5 WHEREAS, South Miami Hometown, Inc. and Red Sunset Merchants Association 6 have requested that the City join with them in establishing a Business Improvement 7 District in the downtown area of the City; and 8 WHEREAS, RMA was chosen by South Miami Hometown, Inc. and Red Sunset 9 Merchants Association and they have been negotiating with RMA for the establishment 10 of a Business Improvement District to be formed with the help of the City; and 11 12 WHEREAS, the process for the establishment of a Business Improvement District 13 . would involve 3 phases for a total contract amount of $27,450 14 15 WHEREAS, RMA quoted a contract price of $15,000 to complete Phase I to be 16 shared equally by the City, South Miami Hometown, Inc. and Red Sunset Merchants 17 Association; and 18 19 WHEREAS, the City's portion to complete Phase I of the engagement was quoted 20 as being $5,000 which represents 1/3 ofthe total cost for Phase I; and 21 22 WHEREAS, the last two phases for the creation of the Business Improvement 23 District are contingent upon the results from Phase I. 24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 25 THE CITY OF SOUTH MIAMI, FLORIDA; 26 Section 1. The City Manager is authorized to join with South Miami Hometown, 27 Inc. and Red Sunset Merchants Association and enter into a contract with 28 Redevelopment Management Associates, LLC for the completion of a business 29 improvement district plan for an amount not to exceed $5,000, which represents 1/3 of 30 the total cost for Phase I. 31 Section 2. Severability. If any section, clause, sentence, or phrase of this 32 resolution is for any reason held invalid or unconstitutional by a court of competent 33 jurisdiction, this holding shall not affect the validity of the remaining portions of this 34 resolution. 35 Section 3. Effective Date: This resolution shall take effect immediately upon 36 enactment. 37 38 PASSED AND ADOPTED this _ day of ____ , 2017 Page 1 of2 1 ATIEST: APPROVED: 2 3 4 5 CITY CLERK MAYOR 6 7 8 COMMISSION VOTE: 9 READ AND APPROVED AS TO FORM, 10 LANGUAGE, LEGALITY AND EXECUTION Mayor Stoddard: 11 EXECUTION THEREOF Vice Mayor Welsh: 12 Commissioner Harris: 13 Commissioner Liebman: 14 CITY ATIORNEY Commissioner Edmond: Page 2 of2 General Condition to Contract for Establishment of Business Improvement District THIS CONTRACT, entered into this __ day of , 20-, by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: salexander@southmiamifl.gov and with an office and principal place of business located at , and E-mail address of ________ and Facsimile transmission number of (hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS, the CITY is in need of ; and WHEREAS, the CITY desires to retain CONTRACTOR to provide the required goods and/or services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1) Engagement of Contractor: Based on the representations of CONTRACTOR as set out in the following "checked" documents the CITY hereby retains CONTRACTOR to provide the goods and/or services set forth in said proposal, quote or response to solicitation, whichever is applicable, as modified by the Contract Documents, or as is otherwise set forth in the Contract Documents defined below (all of which is hereinafter referred to as the Work"). (Check the box immediately preceding the document described below to indicate that such document is part of this Contract) o Contractor's response to the CITY's written solicitation; or [v1 Contractor's proposal or quote, or if none, o As described in paragraph 2 below. 2) Contract Documents: The Contract Documents shall include this Contract and. the following "checked documents", as well as any attachments or exhibits that are made a part of any of the "checked documents". (Check the box immediately preceding the document described below to indicate that such document is part of this Contract) o General Conditions to Contract, o Supplementary Conditions, o "Other Documents" referring to in this Contract and signed by the parties, o Solicitation documents ("hereinafter referred to as "Bid Documents" including any request for bid, request for proposal or similar request) [v1 Scope of Services, o Contractor's response to the CITY's Bid Documents, [v1 Contractor's proposal or quote, [v1 CITY's Insurance & Indemnification Requirements, o Bonding of Employees (the term "employee", as used in this Contract, shall include volunteers) -$1,000,000 o Payment Bond, o Performance Bond, This Contract and the General Conditions to Contract, Supplementary Conditions, the Solicitation, Scope of Services and "Other Documents", if any are "checked documents", shall take precedent over the response to the CITY's Bid Documents, if any, or the proposal or the Thomas F. Pepe 2016 07/29/16 Page -1-of 4 quote, if any. The "checked documents" are attached hereto and made a part hereof by reference. 3) Date of Commencement: CONTRACTOR shall commence the performance of the Work under this Contract in accordance with the contract documents or a Elate to l3e s~ecifieEl iR a Notice to ProceeEl, or Pl:IrCAaSe OrEler, (AereiRafter referreEi to as tAe "VlJorl< CommeRcemeRt Date"), and shall complete the performance hereunder in accordance with the contract documents ' .... itAiR Elays or tt:le leRgtt:l of time set fortA iR tt:le CORtract DOCl:lmeRts, wt:lict:le'Jer is tAe st:lorter ~erioEi of time. Time is of the essence. 4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's designee, who shall be designated in a writing signed by the Manager. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows: as set forth in the contract documents Name: email: Fax: Street AElEIress: 5) Scope of Services: The goods and/or services to be provided are as set forth in the "checked documents". 6) Compensation: The CONTRACTOR's compensation for CONTRACTOR's performance under the terms and provisions of this Contract, or CONTRACTOR's ~aymeRts iR tt:le e'JeRt CONTRACTOR is ~ayiRg tAe City for tAe l:Ises of tAe CITY's ~ro~erty or services, (hereiRafter referreEi to as tAe CORtract Price) shall be ORe of tt:le follovliRg, as iRElicateEi 13'1 ORe of tAe followiRg ct:leckeEi 130x, 8 S or as set fortt:l iR 8 CONTRl\CTOR's res~ORse to tAe CITY's writteR solicitatioR, if aR'y, or, if RORe, tt:leR as set Ol:lt iR CONTRACTOR's ~ro~osal or ql:lote, tAe Sco~e of Services, or as set fortt:l iR, or moElifieEll3y, ORe of tt:le CORtract DOCl:lmeRts, wAicAe'Jer is a~~lical3le shall be in accordance with the contract documents. -7} Hours of Work: IR tt:le e'JeRt tAat tAis CORtract reql:lires tt:le ~erformaRce of services, it is ~resl:lmeEi tt:lat tAe cost of ~erformiRg tt:le \Nork after regl:llar ' .... orkiRg t:lol:lrs, aREI OR Sl:IREIay aREI legal AoliEiays, is iRcll:IEleEi iR tt:le CORtract Price. l=Io' .... e'.ler, Rott:liRg cORtaiReEi t:lereiR st:lall al:ltt:lorize work OR Elays aREI Ell:IriRg AOl:lrS tt:lat are ott:lenuise ~rot:lil3iteEi 13'1' orEliRaRce l:IRless s~ecifically al:ltAorizeEi or iRstrl:lcteEi iR writiRg 13'1' tt:le City MaRager, tt:le MaRager's assistaRt or ElesigRee. 8) Time Provisions: The term of this Contract shall be in accordance with the contract documents commeRce OR tt:le Vlorl< CommeRcemeRt Date aREI st:lall cORtiRl:Ie for Elays or l:IRtil it ex~ires OR , or l:IRless earlier termiRateEi accorEliRg to tt:le CORtract DOCl:lmeRts. Not' .... itt:lstaREliRg tt:le foregoiRg, tt:lis CORtract may l3e exteREleEi 13'1 aR aElElitioRal __ ~erioEi if tt:le exteRsioR is iR 'NritiRg aREI sigReEi 13'1' tt:le City MaRager. AR exteRsiOR of tAe term of tt:lis CORtract is at tt:le CITY's sole aREI al3soll:lte EliscretioR. 9) Termination: This Contract may be terminated in accordance with the contract documents witt:lol:lt cal:lse 13'1' tt:le CITY ' .... itt:l 30 Elays of aEl'JaRceEi '.witteR Rotice. Tt:lis ~ro'JisioR sl:l~erseEles aREI takes ~receEleRce O'ler aRY cORtrary ~ro'JisioRs for termiRatioR cORtaiReEi iR tAe CORtract DOCl:lmeRts. 10) Applicable Law and Venue: Florida law shall apply to the interpretation and enforcement of this Contract. Venue for all proceedings shall be in Miami-Dade County, Florida. 11) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder, and shall commit no trespass on any private property in performing any of the work embraced by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract shall be deemed to be inserted herein Thomas F. Pepe 2016 07/29/16 Page -2 -of 4 and this Contract shall be read and enforced as though such provisions and/or clauses were included herein. 12) Change Orders: No additional Work or extras shall be done unless the same is duly authorized in writing and. in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents. 13) Licenses and Certifications: Contractor shall secure all necessary business and professional licenses at its sole expense prior to executing this Contract or commencing the Work. 14) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. ~ Liquidated Damages: IR the eveRt that CONTRACTOR shall fail to complete the Work withiR the time limit set forth iR the CORtract QocblmeRts, or the exteRded time limit agreed blPOR, iR accordaRce I .... ith the procedblre as more particbllarly set forth iR the Contract QocblmeRts, liqblidated damages shall !:Ie paid at the rate of $ dollars per day blRtii the 'Nork is completed. 16) Jury Trial Waiver: The parties waive their right to jury trial. 17) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract. The Contract Documents, in general, and this paragraph, in particular, shall not be modified or amended by any acts or omissions ofthe parties. No failure to exercise and no. delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. 18) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency 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 this chapter or as otherwise provided by law; (c) 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 Contract term and following completion of the Contract if CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If CONTRACTOR transfers all public records to the public agency upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO Thomas F. Pepe 2016 07/29/16 Page -3 -of 4 THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO mIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. 19) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its personnel, including volunteers, from engaging in any such related activities without having passed a background screening to the satisfaction of the City. A violation ofthis requirement shall constitute a substantial breach ofthis Contract. 20) Drug Free Workplace. CONTRACTOR shall comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference. 21) Transfer and Assignment. None of the work or services under this Contract shall be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. 22) Notices. All notices given or required under this Contract shall be deemed sufficient if sent by a method that provides written evidence of delivery, including e-mail and facsimile transmission and delivered to CONTRACTOR or his designated contact person. Return of mail, sent to the address contained herein for the parties or their contact persons, as not deliverable or for failure to claim the mail shall be deemed received on the date that the mail is returned to sender. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. Witnessed: By: __________ _ ATIESTED: By: ______________ _ Maria Menendez City Clerk Read and App~oved as to Form, Language, Legality and Execution Thereof: By: __________________ _ City Attorney Thomas F. Pepe 2016 07/29/16 Page -4 -of 4 Redevelopment Management Associates, LLC By: _______ _ [name of signatory] CITY OF SOUTH MIAMI By: __________ _ Steven Alexander City Manager LETTER OF AGREEMENT October 28, 2016 South Miami Hometown, Inc. 7380 Red Rd Ste 202 South Miami, FI 33143 Red Sunset Merchants Association 5724 Sunset Drive South Miami, FI 33143 RMA, LLC ("RMAII) Attn: Christopher Brown, Principal 3109 East Atlantic Blvd, Suite B Pompano Beach, FL 33062 954.695.0754 City of South Miami Steven J. Alexander City Manager South Miami 6130 Sunset Dr. South Miami, FL 33143 Dear Sirs: RMA REDEVELOPMENT MANAGEMENT ASSOCIATES Redevelopment Management Associates, LLC (RMA) is pleased to transmit a proposed scope of services to provide Business Improvement District (BID) consultant services to the three above-named entities (collectively referred to as IIClients ll ) to build consensus amongst property owners, create a district plan and guide the approval process through final establishment of the BID, as described in the attached scope of services. The fee for these services is $15,OOOfor Phase I. Should the Clients collectively direct RMA to perform Phases II and III by an additional agreement in writing, the fees shall be $7450 for Phase II, and $5,000 for Phase III. The fee for each Phase shall be paid upon completion as set forth in the attached Scope of Services. RMA has BID experience in both creation and staffing, and completed the Business Improvement District Plan for the Town of Surfside, and the Winter Park Community Redevelopment Agency (CRA) and the Park Avenue Area Task Force to create a plan for . . organizing a Business Improvement District. (BID) for Downtown Winter Park. In 2010, RMA completed a similar project to create an organizational plan for a BID for Downtown property owners in the City of Naples, FL. The Project Manager for the South Miami BID consultation will be Kevin Crowder, CEO. Mr. Crowder is a Certified Economic Developer and currently serves on the Board of Directors of the Florida Redevelopment Association. From 1998-2012 he was the Director of Economic Development and Governmental Affairs for the City of Miami Beach, where his duties included liaison to business districts including providing staff support to the Lincoln Road Marketing Association. From 1994-1998 he worked for the South Beach Business Improvement Districts: the Ocean Drive Association; the Oceanfront Hotel Association; and the Washington Avenue Association. Mr. Crowder's contact information is: Redevelopment Management Associates (RMA) 226 E. Flagler, 2nd Floor Miami FL 33131 kevin@rma.us.com P: 305.281.2279 We are excited by the prospect of providing support for the BID initiative in South Miami and we . look forward to working with you on this project. Please call me if you have additional questions. 1. This agreement is subject to all parties executing same. 2. RMA shall use diligence in pursuing all requirements necessary pursuant to this Agreement, including but not limited to, finishing the work and seeking necessary approvals from Clients and governing agencies. The Contractor shall achieve substantial completion of the entire work of this contract in a timely manner. 3. If any party is required to institute legal action against other arising out of this Agreement or any other agreement to which it is a party, the prevailing party shall be entitled reasonable attorney's fees and costs, including such fees and costs at trial, appellate and post judgment levels. 4. This Agreement may be executed in counterpart originals; all of which together shall constitute but one instrument. 5. There are no understandings, representations, or agreements, either oral or written, other than those set forth herein. This instrument constitutes the entire agreement between the parties hereto and shall be binding upon them and their respective heirs, administrators, successors, executors and assigns. 6. No modifications of this agreement will be effective unless made in writing and signed by all parties to this Agreement. 7. Notwithstanding anything contained herein to the contrary, anyone of the three Clients may have RMA stop work or terminate this Agreement at any time upon written Page 2 of7 notice from Client to RMA. In the event Client gives RMA such notice, RMA agrees to withdraw its employees from performing the scope of services on the effective date of the termination as specified in said notice (which effective date shall not be less than two (2) working days after the date of notice). In the event of such termination after commencement of a Phase of the work, RMA shall be entitled to its actual cost incurred in the performance of the work on that Phase, to the effective date of such termination, but not to exceed the agreed upon amount for that Phase of the work, plus 10% for a reasonable profit thereon; provided, however, in no event shall profit be paid, which, when added to the costs, causes the total amount to exceeds the amount designated in the agreement for that Phase profit shall not be paid or allowed in the event that RMA cost exceeds amount stated in the Agreement between the parties for the work performed in any Phase for which payment is due. The attached General Conditions shall apply to this contract and shall take precedence over any of the provisions of this agreement in the event of any conflict. 8. The scope of services outlined herein shall be completed in accordance with the schedule attached hereto as Exhibit "A" and in no event shall Phase I not be completed by March 1, 2017 and all task contained herein not be done within a reasonable period of time. 9. Any contractor, vendor or personnel employed by the BID shall be approved by vote of the Clients or the governing body of the Board, and shall be free of any conflict of interest, actual or implied. Page 3 of7 PHASE I Exhibit "A" SCOPE OF SERVICES SOUTH MIAMI (HOMETOWN) BID LETTER OF AGREEMENT October 28, 2016 Phase I of the BID contract to include a final meeting with all property owners to determine their support and subsequently create a final plan will be presented to all stakeholders and Clients, including as well as the City Commission. The Client is responsible for guiding the contractor through the Phase I and the costs of Phase I shall be shared equally between the 3 parties (Client). The cost apportionment shall be one third of the agreed upon fee for each of the three parties (1/3 each). Deadline: Phase I shall be completed no later than March 1,2017 Task la: Conduct a Client Kick off Meeting. Redevelopment Management Associates, LLC (RMA) shall set up a meeting with owners, City officials and to build consensus amongst commercial property owners regarding improvements, programs, services, and management of the BID. Task Ib: Assist with Creating Preliminary BID Boundaries. Based on p,reliminary schedule of owners, boundaries and taxable allocations of owner's properties as provided to RMA by Client with Assistance from the City of South Miami ("City"L RMA will determine and obtain the necessary data to develop the preliminary BID boundaries; such data may include the GIS database, tax roll information and existing and future land-use data to be provided by the Client and or the City. Task 2: Assist with Creating Budget. RMA will help the Client create a budget and using the data supplied by Client per Task 1, RMA will assist and work closely with the Client in determining the preliminary geographic areas within the BID boundaries based on the budget that they formulated with the help of client for BID and keeping the tax below a certain level. Task 3: Calculate Proforma Revenue Generation and/or Schedule of Rates. RMA, using information supplied by client per Task 1, will develop proforma revenue generation estimates to fund BID operations and capital projects based on two funding Page 4 of7 sources; ad valorem taxes and/or special assessments. RMA will calculate proforma schedules of rates based on two special assessment apportionment methodologies and thresholds approved by the Client. Task 4: Create Preliminary Database of Property Owners within the Preliminary BID Boundaries RMA will create a database of the property owners within the preliminary BID boundaries to provide parcel specific information about the impact of the proforma revenue generation estimates on individual property owners based on information supplied to RMA by Client per Task 1. Task 5: Prepare and Present a Summary of Findings. RMA will evaluate and make recommendations to the Client on how best to allocate the taxes based on Client's thresholds and proposed budget, and will prepare and present a summary of findings regarding the proforma revenue generation estimates. Task 6: Develop and Monitor a Schedule to Conform to Florida Statutes. RMA will create a detailed critical events schedule that conforms to Florida Statutes for all tasks and parties associated with the referendum process and includes the responsible parties for each task (Le. City of South Miami, Red Sunset Merchants Association, Hometown Inc. and RMA) RMA will monitor the tasks to ensure compliance with the statutory timeframes. Task 7: Assist with Creating Initial BID Board/Committee. RMA will assist in the creation of the initial Board or Committee that will guide the BID creation process by drafting a resolution that provides objectives, powers and initial proceedings. The BID Committee shall consist of at least 1 City official, 1 Board Member from each of the Parties to this Agreement, and one resident of the City of South Miami. Task 8: Draft a Business Improvement District Organizational Plan. RMA shall draft an organizational plan identifying steps for the BID. RMA shall present the plan in up to two (2) public meetings. Task 9: Coordinate Process with BID Board/Committee, Property Owners, RSMA and Government Entities. RMA will coordinate, schedule and attend two BID meetings with the BID Board/Committee, property owners and merchants to present the BID Plan and answer questions and address concerns. Following these meetings, RMA, in consultation with the Client, will recommend whether or not Client should proceed with Phase II which shall not commence without the prior written consent of all three Clients. Page 5 of7 MAXIMUM FEE FOR PHASE I: $15,000 PAYMENT SCHEDULE Phase I of the BID contract to include a final meeting with all property owners to determine their support the BID and if a majority is supportive, a final plan will be presented to all stakeholders, including the City Commission. • $2,500 due upon execution of the agreement; • $2,750 due upon completion of Task 1 (BID Organizational Plan); • $5,700 due upon completion of Task 5 (presentation of the Summary of Findings); • $4,050 due upon completion of Phase I; TOTAL Phase I $15,000 Phase II In the event that Client, and the City specifically, directs Consultant to perform the Phase II Tasks which shall not commence without the prior written consent of all three Clients: • $2,350 due upon completion of Task 9 through 11; • $lAOO due upon completion of Task 12 (election preparation); • $2,250 due upon completion of Task 13 (tabulation of ballots); • $lA50 due upon completion of Phase II (City Commission consideration of assessments) TOTAL Phase II $7,450 In the event that Client, and the City specifically, directs Consultant to perform the Phase III Tasks which shall not commence without the prior written consent of all three Clients: • $3,500 shall be due upon completion of Task 16; • $1,500 shall be due upon completion of Task 17 and delivery ofthe Final Database to the Client. TOTAL Phase III $5,000 Page 6 of7 MEETINGS Phase I of the BID contract to include a final meeting with all owners to determine the level of support the BID and if a majority is in favor, a final plan will be presented to all stakeholders, including the City Commission. Pursuant to the scope of services, RMA will coordinate and attend the following meetings: • Task la. Client Kick-Off Meeting • Task 1 b: Two (2) Public Meetings • Task 5: Present Summary of Findings on Allocations • Task 8: Two (2) meetings to coordinate BID process • Task 13: Attend City Commission Meetings/Public Hearings at which the issue is scheduled for discussion or action. Additional meetings that are not specifically identified in this Scope of Services that are requested by the Client shall be billed at $550 for a Client, or City staff meeting, and $750 for a public meeting. The City shall not be responsible for any separate billing for additional meetings unless the City agrees in writing. AGREED AND ACCEPTED BY: For: HOMETOWN INC. Signature: __________ _ Name: ___________ _ 8500 SW 8th Street Suite 228 Miami, FI 33141 For: RED SUNSET MERCHANTS ASSOCIATION For RMA, LLC Signature: __________ _ 5750 Sunset Drive, South Miami, FL 33143 ATTESTED: By: ________ _ Maria Menendez City Clerk Read and Approved as to Form, Language, Legality ~nd Execution Thereof: By: _______ _ Thomas Pepe City Attorney Name: ___________ _ Christopher J. Brown, Principal 3109 E. Atlantic Blvd. Pompano Beach, FL 33062 CITY OF SOUTH MIAMI By: _______ , Steven Alexander City Manager Page 70f7 EXHIBIT 2 Insurance and Indemnification Insurance Requirements Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage ariSing out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) I ndependent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as required by the General Contractor, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. Miscellaneous: If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The 2 CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in this Agreement. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT, if any, certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article 1 of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." Indemnification Req uirement A The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. C. The Contractor shall pay all claims, losses and expenses of any kind or nature Whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the 3 Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives" employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. 4 1/6/2017 Detail by Entity Name Department of State 1 Division of Corporations 1 Search Records 1 Detail By Document Number I Detail by Entity Name Florida Limited Liability Company REDEVELOPMENT MANAGEMENT ASSOCIATES, LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Principal Address L09000020387 26-4367102 03/02/2009 FL ACTIVE 2302 E ATLANTIC BLVD POMPANO BEACH, FL 33062-5010 Changed: 01/25/2016 Mailing Address 2302 E ATLANTIC BLVD POMPANO BEACH, FL 33062-5010 Changed: 01/25/2016 Registered Agent Name & Address BRIESEMEISTER, KIM 2560 SOUTHEAST 7TH DRIVE POMPANO BEACH, FL 33062 Authorized Person(s) Detail Name & Address Title MGRM METROSTRATEGIES, INC. 2560 SOUTHEAST 7TH DRIVE POMPANO BEACH, FL 33062 Title MGRM BROWN, CHRISTOPHER J 218 N.W. 9TH STREET DELRAY BEACH, FL 33444 DIVISION OF CORPORATIONS http://search.sunbiz.orgllnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=REDEVELOPME...1/2 1/6/2017 Report Year 2014 2015 2016 Filed Date 01/28/2014 01/14/2015 01/25/2016 Document Images 01/25/2016 --ANNUAL REPORT 01/14/2015 --ANNUAL REPORT 01/28/2014 --ANNUAL REPORT 02113/2013 -ANNUAL REPORT 01/06/2012 --ANNUAL REPORT 03/29/2011 -ANNUAL REPORT 0211212010 --ANNUAL REPORT 0310212009 --Florida Limited Liability Detail by Entity Name 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 http://search,sunbiz,orgllnquiry/CorporationSearchlSearchResuItDetail?i nqui rytype=EntityN ame&directionType= Initial&searchNam eOrder=RED EVELOPM E. , , 212 2016 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L09000020387 Entity Name: REDEVELOPMENT MANAGEMENT ASSOCIATES, LLC Current Principal Place of Business: 2302 E ATLANTIC BLVD POMPANO BEACH, FL 33062-5010 Current Mailing Address: 2302 E ATLANTIC BLVD POMPANO BEACH, FL 33062-5010 US FEI Number: 26-4367102 Name and Address of Current Registered Agent: BRIESEMEISTER, KIM 2560 SOUTHEAST 7TH DRIVE POMPANO BEACH, FL 33062 US FILED Jan 25, 2016 Secretary of State CC7508058752 Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Authorized Person(s) Detail : Title Name Address MGRM METROSTRATEGIES, INC. 2560 SOUTHEAST 7TH DRIVE City-State-Zip: POMPANO BEACH FL 33062 Title Name Address MGRM BROWN, CHRISTOPHER J 218 N.W. 9TH STREET City-State-Zip: DELRAY BEACH FL 33444 Date I hereby certify that the information Indicated on this report or supplemental report Is true and accurate and that my electronic signature shall have the same legal effect as If made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: ALICIA ALLEYNE DIR. OF ADMINISTRATION 01/25/2016 Electronic Signature of Signing Authorized Person(s) Detail Date