Res No 093-17-14894RESOLUTION NO. 093-17-14894
A Resolution of the City of South Miami extending and expanding the authority
of the City Manager to make certain SMCRA expenditures out of City funds.
WHEREAS, the SMCRA Board approved the SMCRA 2016-17 Fiscal Year budget on
October 17, 2016; and
WHEREAS, the SMCRA Executive Director received an email on February 21, 2017
from the Miami Dade Office of Management & Budget stating that the County would not review
and approve the SMCRA proposed budget until the City approved the SMCRA budget and that
he was putting the SMCRA on notice that the SMCRA was prohibited by the Interlocal
Agreement from spending any money from the trust fund until such time as the Board of County
Commissioners has approved the budget; and
WHEREAS, the City Attorney advised the City Commission that the County has
instructed the SMCRA to cease all expenditure until the budget has been approved by the
County. Therefore, the SMCRA must halt all activity that will incur any expense from the trust
fund since there is no way of determining if and when the expense will be paid; and
WHEREAS, the City Commission has approved the SMCRA budget and the approved
budget has been sent to the County: and
WHEREAS, the County will need several months to complete its review and before the
budget can be presented to the Board of County Commissioners for approval; and
WHEREAS, Section163.335 (3), Florida Statutes provides that the expenditure of
money as allowed by Chapter 163, Part III, is for a public use and purpose. It states that:
It is further found and declared that the powers conferred by this part are for public uses
and purposes for which public money may be expended and police power exercised, and
the necessity in the public interest for the provisions herein enacted is declared as a
matter of legislative determination
WHEREAS, Florida Statute Section163.370 (1) provides a municipality may expend
funds that are necessary to carry out the purpose of Chapter 163, Part III and it authorilies a
municipality to take certain action including the follovling:
To appropriate such funds and make such expenditures as are necessary to carry out the
purposes of this part; to zone or rezone any part of the coooty or municipality or make
exceptions from building regulations; and to enter into agreements with a housing
authority, vlhich agreements may extend over any period, noh .... ithstanding any provision
or rule of lavt' to the contrary, respecting action to be taken by such county or
municipality pursuant to any of the pm .... ers granted by this part.
WHEREAS, it is anticipated that the SMCRA will reimburse the City for the
expenditures that benefit the SMCRA once the SMCRA budget is approved by the County.
Page 1 of 4
Res. No. 093-17-14894
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The above recitals are statements of fact held to be true and are
incorporated into the body of this resolution.
Section 2. The City Commission hereby authorizes the City Manager to make certain
SMCRA expenditures out of City's General Funds. Such expenditures shall be limited to the
following expenditures and in the following approximate recurring monthly amounts:
eRA
Estimated Monthly Recurring Expenses.
Estimated Monthly Salary
Stephen David
Lorraine Council
James McCants
Police Officers (2)
Estimated Monthly Recurring
6101110-5544631
6101110-5549920
6101110-5593120
6101110-5833125
6101110-5833125
6101110-5833455
6101110-5833455
6101110-5833455
Amount
7,035.62
535.89
140.72
617.23
8,329.46
3,201.89
227.02
38.42
603.07
4,070.40
4,026.36
294.73
260.00
605.98
5,187.07
9,586.06
711.66
1,218.83
1,410.53
12,927.08
80.00
75.00
1,625.00
350.00
25.00
75.00
550.00
197.00
Page 2 of4
Salary
FICA
ICMA
Description
Group Health Insurance
Salary
FICA
ICMA
Group Health Insurance
Salary
FICA
Pension-James McCants (monthly)
Group Health Insurance
Salary (2 Police Officers)
FICA (2 Police Officers)
Group Health Insurance (2 Police Officers)
Pension
Sprint Solution
Toshiba Business (Copiers)
Thelma Gibson -(Elderly Care)
FPL ( 5825 SW 68 St Suites #1, #2, #4, #HOUSE)
Miami Dade Water & Sewer (Monthly Average)
Metro Dade Security (Alarm System)
Joe Kennerly Lawn Service
Elite Maintenance & Mgmt Co (Janitorial Services)
Res. No. 093-17-14894
Estimated Monthly Grand Total
One time expenditures
2,977.00
33,491.01
202.50
151.00
2,500.00
168.00
600.00
3,621.50
NOTE: $6,699
AU Superior Home Improvements Inc.
Miami Fire Equipment
Close-Up Productions, Inc.
AU Superior Home Improvements Inc.
Larry White
6101110-5833125 3,956.50 Florida Municipal Insurance (3rd Installment due April 2017 )
Additional Note: The City has expended $6,699 for the demolition of a structure located
within the SMCRA area and this expense is a SMCRA expense.
Section 3. The expenditures shall be made out of the outside land use attorney budget
line item for the City's legal department, provided there are sufficient funds available for current,
and anticipated billing, for legal services currently rendered but un-billed. If there are not
sufficient funds available in the forgoing budget category, then it is hereby declared to be in the
best interest of the City to allow the City Manager to make these express SMCRA expenditures
out of the Emergency Reserve Fund 051 which the 2014 Commission funded the full amount
recommended by the City Manager and the Government Financial Officers Association (GFOA)
of 25%; 12.5% for budget uncertainties and 12.5% for emergency response, as the issue at hand
is a budget uncertainty, and the City Manager is therefore specifically authorized to make the
expenditures listed above in such amounts as necessary pursuant to this Resolution.
Section 4. This resolution shall cover the SMCRA budget through the month of June,
2017.
Section 5. If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 6. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 4th day of May, 2017.
~s~ n/1 inuJ, AP;J!!iaJJU L~ 7 MAY~
Page 3 of4
Res. No. 093-17-14894
COMMISSION VOTE: 4-1
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Edmond: Yea
Commissioner Harris: Yea
Commissioner Liebman: Nay
Page 4 of4
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RESOLUTION NO. CRA 01-17-959
A resolution authorizing a funding disbursement to Close-Up.
Productions Inc. in an amount not to exceed $5)915 $5,000 for
historic research, documentation and filming services for the
South Miami Community Redevelopment area.
WHEREAS, the City of South Miami recently completed an historic research
project regarding the history of the City which included historic research,
documentation and filming services provided by Close-Up Productions Inc.; and
WHEREAS, during the December 12, 2016 SMCRA meeting, the Board
authorized staff to obtain estimates required to complete a similar research project
for the South Miami Community Redevelopment area; and
WHEREAS, based on the estimate provided by Close-Up Productions Inc. and
estimates provided to the City of South Miami, the estimate from Close-Up
Productions appears to be the most responsive and responsible; and
WHEREAS, the Board desires to complete the above described historical
research project for the community redevelopment area to provide a valuable
community resource and enhance overall attractiveness of the area.
NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The South Miami Community Redevelopment Agency Board
authorizes the Agency to disburse funding to Close-Up Productions Inc. in amount not
to exceed $5,975 $5,000 to provide a video retrospective of the history of the South
Miami Community Redevelopment area; and charging the total amount of $5,975
$5,000 to Account No. 610-1110-574-31-20 (Special Events & Marketing Account);
and authorizing a budget transfer in the amount of $3,500 from Account No. 610-
1110-572-34-50 (Park Improvement Account) to Account No. 610-1110-574-31-20
(Special Events & Marketing Account) to facilitate payment.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 9th day of January, 2017.·
Page 1 0[2
Res. _No. eRA 01-17-959
ATIEST: APPROVED:
~G~ SECRETARY
Board Vote: 5-1
Chair Stoddard: absent
Vice Chair Welsh: Yea
Member Harris: Yea
Member Liebman: Nay
Member Edmond: Yea
Member Jackson: Yea
Member Kelly: Yea
Page 2 of2
To: Honorable Chair and
SMCRA Board ~emb8 s
From: Stephen Dr~d, "
SMCRA Diretto
Resolution
Date: January 9, 2017
ITEM No. _,",-_
FUNDING DISBURSEMENT FOR H.'STORIC
RESEARCH, DOCUMENTATION" FILMING
SERVICES
A resolution authorizing a funding disbursement to Close~Up Productions Inc. in an amount
not to exceed $5,975 for historic research, documentation and filming services for the
South Miami Community Redevelopment area.
Background
The City of South Miami recently completed an historic research project regarding the histOry of the
City. The project including research, documentation and filming completed by Close-Up productions
InG. During the December 12, 2016 meeting, the Boar:d authorized staff to obtain estimates to
complete a similar research project for the South Miami Community Redevelopment Area (See
Exhibit A).
Attached as Exhibit 8, is an estimate received from Close-Up Productions Inc. to complete the
assignment. The proposal includes required research, documentation and filming services. Based on
cost estimates received by the City" of South Miami, Close-Up Productions Inc. appears to" be the
most responsive and responsible company (See Exhibit C). Completion of this historical
documentation p~oject will provide a valuable community resource and will assist in enhancing
overall attractiveness of the area.
Approval of the attached resolution shall authorize the Agency to disburse funding in an amount not
"to exceed $5,975 to "provide research, documentation and filming services required to complete a
video retrospective of the history of the South Miami Community Redevelopment area.
Recommendation
Staff recommends approval of the attached resolution authorizing a funding disbursement to Close-
" Up Productions Inc. in amount not to exceed $5,975 to complete a Video retrospective of the history
of the South Miami Community Redevelopment area; and charging the total amount of $5,975 to
Account No. 610~1110-574-31-20 (Special Events & Marketing Account); and authorizing a budget
transfer "in the amount of $3,500 from Account No. 610-1110~572~34..:50 (Park Improvement
Account) to Account No. 610-1110-574-31-20 (Special Events & Marketing Account) to facilitate
payment.
Attachments:
"December 12, 2016 SMCRA Board Approval
Research, Documentation & Filming Estimate (Close.up Productions)
City of South MIami Obtained Estimates
Funding Disbursement for Research , Do~umentation & Filming Services
"I
EXHIBIT A'
December 1~/' 2016 SMCRA Board Approval
RESOLUTION NO. CRA. 81-16-956
A resolution . authorizing the Agency to obtain estimates for required
research, docu~entation and videography regarding history of the
South Miami Community Redevelopment Area.
WHEREAS, During the December 6, 2016 City Commission meeting, a video
compilation was presented of the history of the City of South Miami a future goals and
opportunities; and
WHEREAS, th~ final video compilation involved extensive research and
documentation; and
WHEREAS, staff was recently contacted by Board Member Harris requesting
that the SMCRA retain the services of historic research company to produce a similar-
video of the South Miami Community Redevelopment Area; and
WHEREAS, an estimate containing accurate cost for the proposed project shall
be required; and
WHEREAS, the Board desires to facilitate goals and objectives of the
redevelopment plan lneluding providing meaningful documentation and marketing of
the South Miami community redevelopment area.
NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT
. AGENCY OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The South Miami Community Redevelopment Agency.
.Board ·authorizes the Agency to obtain estimates for required research,
documentation and videography regarding history of the South Miami
Community Redevelopment Area.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this lzth day of December. 2016.
APPROVED:
~ CHAI ERSON
Page 1 0[2
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R§S. No. eRA 8"1-16-956
Board Vote: 5-1
Chair Stoddard: Yea
Vice Chair Welsh: Yea
Member Harris: Yea
Member Liebman: absent
Member Edmond: Yea
Member Jackson: Nay
Member Kelly: Yea
Page 2 of2
· EXHIBIT B
Historic; Research &. Video Documentation Estimates
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Hi.storie Research & Video Documentation. Estimate 1 .
(South Miami eRA'Area)
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CLDSE.UP . . . :. .. :p: ~A 0:0 U c· "T--..... D N .. :&
. Black Town -A Short History of ~Iack South Miami
Treatment: "Black Town II will document the history of Btack South Miami
using oral history interviews with elder residents combined with research,
letters, family records, and historic photographs. The story will start in 1912
with the arr!val of Marshall Williamson, a trade-school educated carpenter
and entrepreneur, who was the first black person to purchase property in
what would become Black Tow~. We will hear from people yvho knew him
talk ~bout his ability to bridge the racial divide and work with an all white
city commission to achieve social and economic benefits for his community.
His civic activism and devotion to building a community set an example for
those who followed in his footsteps. His philanthropy left a lasting legacy in
his donation of land for churches,· a school for black children and a park.
We will see how Black Town developed ihto a stable, tightly-knit community
of entrepreneurs, farm. laborers, and factory workers, employed in a local
tomCito cannery and the Holsum Bakery, and as domestic helpers.
Interviewees will talk about the positive and negative impact of
desegregation and the drug scourge of the 80's that challenged families
and the role of the civic and religious leaders in the community.
Based on an understanding of Black Town's past and Williamson's legacy
of civic engagement and community pride, we look at the ongoing
challenges for development in the community.
The finished product will be 8-10 minutes in length.
Vis UCi Iizati 0 n : The project will be shoUn a professional HD video
format, giving maximum quality and the longest potential technical
"life" for the media. The finished 8 -10 minute video will have full
graphic elements.
Implementation: Interviews and personal stories will bring the story
of "Black Town" to life_ The interviews will be edited with historic
photos from public and private sources as well as the archives of the
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City of South Miami. The project will be edited using professional
computer software and graphics.
, Budget:
Filming South Miami scenes and
Personal history interviews
with professional HD cameras
,Professional non-linear computer
Editing
ProducerlWriter/Narrator Fees
Interview Transcriptions
2 Days 1,000
3 Days 800
4 Days 350,
Total Budget
2,000
2,400
1,400
175
$ 5,975
Payment: Fees to the producers (Close-Up Productions, Inc.) would
, be made in two equal payments, the first upon acceptarice of this
proposal, and the seco'nd upon delivery of the edited educational
video: Production would begin upon receipt of the initial payment.
Close-Up Productions, Inc. is a video production company
specializing in creating television, video and online communications
that tell stories. We have produced news and documentary
programming' for major national and international broadcasters (ABC,
BBC, PBS, to name a few).
For the past 20 years, Close-Up has developed the Village of
Pinecrest Pioneers Oral History project. During the past five years we
have created an archive and education materials for the City of Miami
Beach under grants from the Miami Beach Visitors and Convention
Authority (www.mjamjbeachvjsualmemojrs.com). We have created
curricula for schools which teach students how to interview elders
about the civil rights era and war veterans.
(www.closeupproductions.com).
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From: Carl Hersh [mailto:closeup.carl@gmail.com]
Sent: Tuesday, December 20, 2016 12:05 PM
To: David, Stephen
Cc: kathy hersh
Subject: "Black Town" Video Proposal
Steven,
Please find attached our proposal for a video on South Miami's Black community.
If you have any questions, feel free to contact us. As we mentioned at our meeting,
we would. be happy to attend the January eRA board meeting answer any
questions about the video.
Oile other point that isn't mentioned in the proposal is that Kathy is willing to write
a teacher guide/curriculum to go along with the video for its use in middle and
high schools. She has extensive experience in this area and can be contracted for
the project. Her fee for writing and editing would be $500.
We look forward to working with you on this project.
.·Regards,
Carl
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Historic Research & Video "Qocunlentation Estimate 2
(City of South Miami)
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Budget:
Filming South Miami scenes and
HD Green Screen filming of .
Personal history interviews
with 2 professional HD cameras
Professional non-linear computer
Editing
ProducerlWrlter Fees·
. Interview Transcriptions
1 Day 1,000
3 Days 800
4 Days 350
Total Budget
1,000
2,400
1,400
175
$ 4,975
Payment: Fees to the producers'(Close-Up Productions, Inc.) would
be 'made In two 'equal payments, the first upon accep~ance of this
. proposal, and the second upon delivery Qfthe edited 'education video
and interviews. Production would begin upon receipt of the initial. .
payment and be concluded within the following 6 weeks.
Close-Up Productions, Inc. is a video production company
specializing in creating television, video and online' communications
. that teU stories. We have produced news and documentary
progra~ming for major national and international broad.casters.
. For the past 20 years, Close-Up has developed the Village of .
Pinecrest Pioneers Oral History project During the past·five·years.we
have created an archive and education materials for the City of Miami
Beach under grants from the Miami Beach' Visitors and Convention
Authority (www.miamibeachvisualmemoirs.com.). We have created
curricula for schools which teach stUdents how to intervieW elders.
about the civil rights' era and war veterans ..
(www.closeupproductlons.com).
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Historic Research & Video Documentation Estimate 3
(City of Squth Miami)
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Historic Research & Video Docqmentation Estimate 4
(City of ~outh Miami)
Odyssey Productions
14336 SW 148 Ave
Miami F133196
Hello Mr Kuli~k .
In response to the video documentary of the City Of South Miami.
Several variable~ co'me to play. The actual condition and what amount of
the historical pictures to be transferred to digital (touch up per) format.
Storyline (past to present), video shoot of at least 3 days of interviews
with locals, video editing, for every 1 min. goe~ to 30 mins of video
editing, video & audio production, make up ,video rendering, video
mastering. In aU a 5 minute video can take well over 30 hours of
production, if not more?
Hopes this helps.
Sincerely
Iggy Taboada
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Video Historical Archives Documentary \
DATE: . 04/19/16
QUOTE#
DESCRIPTION TIME· HOURS DATE AMOUNT
Hi Definition Video/Audio full producUon 30+ hours ? $ 12,000.00
Ultra Hi Definition Video/Audio production 30+ hours ? 15,000.00
TOTAL
Both quotes Include all pre and post production. Make-up, storyline, video ,mast~r, rendering, I
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Draft Co~tractual Services ~greemerit.
(Close-Up Productions Inc.)
EXHIBIT C.
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CONTRACT FOR HISTORIC RESEARCH & VIDEO DOCUMENTATION SERVICES
THIS CONTRACT, entered into this __ day of January, 2016, by the SOUTH MIAMI
COMMUNllY REDEVELOPMENT AGENCY through its Chairman, both of which shall be
hereinafter referred to as the "AGENCY" where applicable; located at 5825 SW 68th Street,
Suite 4~ Office 400, South Miami, Florida 33143; E-mail at cra@southmiamifl.gov and Close-Up .
Productions Inc. with an office and principal place of business located at 9051 SW 69 th Court,
Miami, FL 33156' and E-mail addressofcloseup.carl@gmail.com (hereinafter called the
"CONTRACTOR" ).
WITNESSETH:
WHEREAS, the AGENCY is in need of Historic Research & Video Documentation Services;
and
WHEREAS, the AGENCY desires to retain the CONTRACTOR to provide the required good
and/or services based on the CONTRACTOR's representations that it is qualified and capable of
providing· said goods and/or services in a profeSSional and timely manner and in accordance.
with the AGENCY's goals .and requirements; and
WHEREAS, the 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 the CONTRACTOR as
set out in the following "checked" documents the AGENCY hereby retains the CONTRACTOR to
provide the goods and/or services set forth in said proposat quote or response to solicitation,
whichever is applicable, as modified by fheContract Documents, or as 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 AGENCY's written solicitation; or
v 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)
V General Conditions to Contract,
V Supplementary Conditions,
o "Other Documents" referring to in this contract and signed by the parties,
Thomas F. Pepe 2016
06/10/16
Page -1 -of15
o Solicitation documents ("hereinafter referred to as "Bid Docum,ents" including
any request for bid, request for proposal or similar request)
o Scope of Services,
V Contractor's response to the AGENCY's Bid Documents,
'1/ Contractor's proposal or quote,
'1/ AGENCY'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,
v WorkForce Referral
This Contract a!ld the General Conditions to Contract" Supplementar,y Conditions, the
Solicitation, Scope of Services and "Other Documents", if any are "checked documents", shall
take precedent over the response to the AGENCY's Bid Documents, if any; or the proposal or
,the quote, if any. The "checked documents" are attached hereto and made a part hereof by
reference.
3) Date of Commencement: The CONTRACTOR shall commence the performance of
the Work under this Contract on date to be specified in a Notice to Proceed, or Purchase Order,
(hereinafter referred to as the "Work Commencement Date"), and shall complete the
perfor:mance hereunder 90, days following issuance of Notice to Proceed: 'Time is of the
essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this
Contract on behalf of the AGENCY is the AGENCY Director("DirectorJl ), assistant Director, or the
Director's designee, who shall be designated in a writing signed by the Director. The Primary
Contact Person for the CONTRACTOR and his/her contact information is as follows: Name: Carl
Hersh e-mail: closeup.carl@gmail.com; 'Fax: n/a; Street Address: 9051 SW 69th Court, Miami, FL
, 33156.
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, or payment to the Agency in the
event the CONTRACTOR is paying the Agency for the use of the Agency's property, for the,
performance of this contract (hereinafter referred to as the Contract Price) shall be one of the
following, as indicated by a checked box," $5,975 as set forth in" CONTRACTOR's response to
the AGENCY's written solicitation, if any, or, if none, then as set out in 0 CONTRACTOR's
proposal or quote, or the Scope of Services, whichever is applicable, and as modified by the
Contract Documents.
7) Hours of Work: In the event that this contract requires the performance of services,
it is presumed that the cost of performing the Work after reguli;lr working hours, and on Sunday
Thomas F. Pepe 2016
06/10/16
Page -2 -of 15
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and legal holidays is included in the Contract Price. However, nothing contained herein shall
authorize work on days and during hours that are ot.herwise prohibited by ordinance unless
specifically authorized or instructed in Vo.(riting by the Direc;tor, the Director's assistant or
designee.
8) Time Provisions: The term of this Contract shall commence on the Work
Commencement Date and shall continue for 90 days following date indicated on Notice to
Proceed, or unless earlier terminated according to the Contract Documents. Notwithstanding
the foregoing, this Contract may be extended by an additional 30 period if the extension is in
writing and signed by the Director. An extension ofthe term ofthis Contract is at the AGENCY's
solea.nd absolute discretion. .
9) Termination: This contract may be terminated without cause by the AGENCY with 30
days of advance~ written notice. This provision supersedes and takes precedence over any·
contrary provis;'ons for termi nation contained in-th e Contract Documents.
10} Applicable .law and Venue: Florida law shall apply to the interpretation and
enforcement of this Contract. Venue for all proceedings shaJI be in Miami-Dade County,
Florida.
11) Duties and Responsibilities: The CONTRACTOR shall comply with all appliciible laws,
ordinances, codes, rules, regulations, and health and' $afety standards of any governmental
body having jurisdiction over any matter related to this Agreement or the goods and/or services
to be provided and/or performed hereunder, and sha'lI commit· no trespass on any private
property in performing any ofthe work embraced by this Agreement. Each and every provision
and/or clause required by law to·be inserted in this Agreement shall be deem.ed to be ins'erted
herein and the Agreement 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 isduly
authorized in writing and in advance of the work by appropriate action by the Agency Director
and in accordance with the Contract Documents and monetary limit set forth in the Agency's
written r~solution authorizing the work.
13) Licenses and Certifications: CONTRACTOR shall secure all necessary business and
professional licenses at its sole expense prior to executhlg 'the Agreement or commencing the
Work. .
14) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the
insurance, indemnification and bonding requirements set forth in' the Contract Documents.
is} Liquidated Damages:' In the event that the CONTRACTOR shall fail to complete the
Work within the time limit set forth in the Contract Documents, or the extended time limit
agreed upon, in accordance with the procedure as more particularly set forth in the Contract
Documents, liquidated damages shall be paid at the rate of Di.E. dollars per day until the Work is
completed. .
16) Jury Trial Waiver: The parties waive their right to jury trial.
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. 17} Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute1:he entire agreement ofthe 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 approved or is required to be approved by written
resolution of the Agency's Board, 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 of the
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 t'? comply
. with the public records law (s.119.0701) while providing goods and/or services 01) behalf of the
Agency 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 recorps that ordinarily
and necessarily wourd be required by the public agency in order 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 access to public records to be inspected or
copied within a reasonable time on the same terms and conditions that the public agency
Would provide the records and 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 requ.irements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the contract if the
CONTRACTOR does not transfer the records. to the public agency; (d) Upon completion of the
c;ontract, Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the CONTRACTOR or keep and maintain public
records required by the public agency to perform the servi.ce. If the CONTRACTOR transfers all
public records· to the public agency upon completion of the contract, the CONTRACTOR shall
upon Termination of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the CONTRACTOR
keeps and maintains public records upon completion of the contract, the 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 THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER. 119, FLORIDA STATUTES, TO THE CONTRACTOR'S Dl,JTY TO PROVIDE PUBLIC
RECORDS RELATIN~ TO THIS CONTRACT~ CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT
Telephone number (305) 663-6340; E-mail: mmenendez@southmlamifl.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 any City or its Agency
in such related activity must be in compliance with Levell/Background Screening and
fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any
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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 qf this requirement shall constitute a
substantial breach of the agreement.
20) Drug Free Workplace. The 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) Trat;lsfer and Assignment. None of the work or services under this contract shall be
subcontracted or assigned witho.ut prior written consent from the SMCRA 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 the CONTRACTOR or his designated contact person. Return of
mail, sent to the address contained herein for the parties or their contact persons, as not
delivera~le or for failure to claim the mail shall be deemed received on the date that the mail is
returned to sender.
23) WORKFORCE JOB REFERRAL: CONTRACTOR shall comply with the First Source
Hiring Referral Program Policy and Procedures which is' set forth in the attached Exhibit A.
24) COUNTY APPROVAL: Does this Contract or its funding or the expenditure of
Agency funds requires Miami-Dade County approval? YES/NO. If YES, this Contract is not
enforceable unless the County has provided"written approval by an authorized representative
of the County.
IN WITNESS WHEREOF, the parties, have executed this Contract, on or before" the
date first a~ove written, with full knowledge of its content and significance and intending to be
legally boun~ by the terms hereof. " "
Witnessed:
By: -------------------------
ATIESTED:
By: -----------------Secretary
Read and Approved as to Form, Language,
Legality and Execution Thereof:
By: _________________ _
General Counsel
[Carlt-tersh, Business Owner]
By:. ________________ ~
SOUTH MIAMI COMMUNITY
REDEVELOPMENT AGENCY
By: _______________ _
Philip K Stoddard, Chairman
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EXHIBIT A
CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY'
IMPLIMENTATION ORDER ESTABISHING
FIRST SOURCE HIRING REFERRAL PROGRAM POLICY AND PROCEDURES
POLICY:
Except where federal or state laws or regulations mandate.to the contrary, thiS Implementing Order
'shall require successful bidders of all contracts prior to filling each vacancy arising under said C;ity of
South Miami Community Redevelopment Agency (SMCRA) Contract, to first notify South Florida
Workforce Investment Board (ItSFWIBIt), the designated Referral Agency, of the vacancy so the
contractors r:nay post the vacancy with ~FWIB. The contractor shall a) review the resumes and
qualifications of the candidates, and b) make a good faith effort as determined by the SMCRA, to fill a
minimum of fifty percent (50%) of its employment needs under the SMCRA Contract from the First
Source Register. This program shall be known as the First Source Hiring Referral Program (ItFSHRplt or
the Itprogram")
The provi~ions of this Implementing Order shall apply to all contracts including concessions and
professional services entered into and issued by the SMCRA except for contracts where the funding
source precludes inclusion of this requirement.
I •. DEFINITIONS
A. "Candidate? refers to residents of South Miami Community Redevelopment Agency (SMCRA) or
City of South Miami.
B. ItCity" or "CSM" refers to City of South Miami.
C."SMCRA Contract" means an agreement entered into and issued by the City of South Miami
Community Redevelopment Agency, except for contracts where the funding source precludes inclusion·
of this program.
D. ItContractor" means any person or entity which enters into a SMCRA Contract, as defined below.
E. "First Source. Register" means the register of unemployed persons maintained by the Referral
Agency in accordance with the provisions of this Implementing Order.
F. "Referral Agency" means the South Florida Workforce Investment Boar.d.
G. "Referral. Period" means the three (3) to five (5) day period following notification to the Referral
Agency of employment availability.
H. "SMCRA" refers to the South Miami Community Redevelopment Agency.
II. PROGRAM COMPONENTS
A. FIRST SOURCE REGISTER
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The SFWIB shall compile and maintain a First Source Register, which shall be a listing of unemployed
persons, including SMCRA and City residents and graduates of programs funded by the Workforce
Investment:Act, to be made avai!able to Contractors as a first source for their employment needs. SFWIB
shall not discriminate on the oasis of race, ethniclty, sex, residence, or other protected category or class,
in the.compilation or maintenance ofthe First Source Register,orin its referral'activities provided for in
this S~ction. SFWIS shall, to the extent allowed by law, maintain a database which identifies the race,
ethnicity, sex, and residence of the persons within the First Source Register sufficient to permit
. adequate analysis of the available work force •.
B. IMPLEMENTATION
This First Source Hiring.Referral Program ("FSHRP") sh!'lll take effect immediately upon 'adoption by
resolution of the SMCRA.
C. REFERRAL PRIO.RllY
Priority of refe.rrals shall be as follows:
'1) SMCRA Contracts shall give first preference in the following order to:
a. SMCRA residents
b. City residents
c. Surrounding areas thereafter
D. REFERRAL PROCEDURE
The SFWIB shall be the first source for Contractors to fill jobs created to satisfy the requirements of
SMCRA Contracts. The following requirements shall be. included in all SMCRA Contracts, except those
covered under programs intended to encourage anc;l assist in the employmelJt ofthe bli~d and other
severely handicapped persons such as' described in Sections 413.032 -413.037, Florida Statutes (2011):
1) The Contractor, prior to hiring to fill each vacancy arising under a SMCRA Contract, shall flrst
notify the SFWIB of the v~cancy by registering and completing the Job Usting Information on the
SFWIB First Source Hiring website (https://iapps.southfloridaworkforce.com/firstsource/). The
job listing shall contain a detailed description of the job responsibilities and qualifications, and
be posted during the Referral Period of three (3) to five (5) days.
2) The SFWIB shall provide a list of qualified candidates, if such candidates are available, to the
Contractor within twenty-four (i4) hours of receiving a noti~e ofvadmcy. Thereafter, the
Contractor.shall (a) review the resumes and qualifications of the candidates, and (b) make a
good faith effort, as determined by the. SMCRA, to fill a minimum of fifty percent (50%) of its
employment needs under the SMCRA Contract from the First Source Register. If no suitable
candidate is identified from the list,the ~ontractor shall provide an explanation to SFWIB via the
FSHRP web portal ~ttps://iapps.southfloridaworkforce. com/firstsource/}. Notwithstanding the
. foregoing, if after the Referral Period a suitable employee is not found through the .SFWIB, the
Contractor is fre~ to fill its vacancies from other sources.
3} A good'faith effort to·employ candidates from the SFWIB shall constitute, at a minimum,
evaluating the qualification of such candidates, and conducting interviews with those candidates
who satisfy the minimum competency requirements. The Contractor is not required to hire any
individual candidate referred: However, Contractors shall not commit to fill vacancies in any
other manner until after the end of the Referral Period, unless SFWIB notifies the Contractor in
writing prior to the end of the Referral Period that qualified candidates are not i;lvailable in
sufficient numbers to fill the vacancies. Upon such notification, the'Contractor may immediately
fill vacancif;!s using other sources.
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4) In determining whether a Contractor has made good faith efforts, the SMCRA may consider,
among other criteria: a) the number, skills and composition of the Contractor's laborJorce
ultimately hired; b) whether minimum requirements were established for available positions
beyond reasonable requirements to complete the job; c) the number of referred candidates
interviewed Jor the position; and d) the Contractor's use of the First Source Register to satisfy its
labor needs in contracts other than SMCRA Contracts. The SMCRA's determination as to
whether a Contractor has made such good faith efforts is final and binding.
S) All competitive solicitations for SMCRA Contracts shall set forth the requirements of this
Section. A link to the FSHRP web portal shall be on the SMCRA website.
E. SMCRA RESPONSIBILITIES
1) Notify SFWIB in writing of 5MCRA Contract awards, at both the award recommendation stage,
and when the Contractor is notified by the SMCRA of the award. Notification should include at a
minimum:
a. Company Name.
b. Company Contact.
c. Contact Information
d. Contract Details.
e. Award Amount.
2) Include First Source requirement in all applicable bid and contract documents.
F. SFWIB RESPONSIBILITIES
1) Notify prospective and awarded Contractors ofthe FSHRP.
2) Recruit qualified SMCRA/City residents:
a. Uti.Jize existing database of job seekers.
b. Market new job opportunities to SMCRA/City residents.
c. Utilize the South Miami Career Center to recruit qualified residents interested in jobs to
create a pool of candidates for FSHRP projects.
3) Create First Source Register: .
a. Determine and complete candidate eligibility.
b. Assess job seekers to determine level of skills and training. Residents must meet all
requirements of the Contractor prior to referral.
4) Refer qualified candidates that have requisite skills required by the Contractor.
5) Provide online web portal that allows Contractors the ability to submit required quarterly
reports as described below under Section F (c) and (d).
6) Send system generated automated email"report due date" reminders to Contractors.
7) Provide SMCRA with real-time online access to Contractor quarterly status reports confirming
whether the goals have been met and any non-compliance with the requirements of these
procedures
8) Prepare quarterly reports for the Board which shall include: a) dollar amount of each contract;
and b) an analysis of the effectiveness of the program during each quarterly reporting period.
G. CONTRACTOR RESPONSIBILITIES
1) Prior to filling eachvacancy under a SMCRA Contract, the Contractor shall notify SFW1B of all
job openings and list the vacancy via the SFWIB web portal
. (www.southfloridaworkforce.com). The listing shalf contain, at a minimum, a detailed
description of the job responsibilities, qualifications, and wage rate. The listing must be
posted during the Referral Period. As required, the Contractor shall work with the SFWIB to
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develop a workforce plan that details such information as (a) the number of individuals to
be hired, (b) positions needed, (c) job description(s), and (d) skills needed for the job.
2) Upon receipt of the list of qualified candidates from the SFWIB, the "Contractor shall review
resumes and qualifications of the candidates, and make good faith efforts as determined by
SMCRA to fill a minimum of fifty percent (50%) of its employment needs under the SMCRA
contract from the First Source Register. If none of the candidates are hired, the Contractor
shall provide an explanation to SFWIB as to why not via the FSHRP web portal (https://iapps.
southfloridaworkforce. com/firstsource/).
3) Contractors shall prOVide quarterly reports to the SFWIB on-line through the FSHRP web
portal (https://iapps.southfloridaworkforce.com/firstsource/) Indicating: (a) the name a~d
number of employees hired in the previous quarter; (b) the source from which .such'
employees were found; (c) wages paid; and (d) total number of employee work hours. If
none of the candidates referred are hired, an explanation as to why those referred were
rejected must be included in the on-line report. Each quarterly report shall be submitted to
. SFWIB within two (2) weeks of the end of the quarter. Quarterly reports to the SFWIB are
required from the Contractors, even if no vacancies are created or filled, for the duration of
the contract or as determined by the SFWIB.
4) . Contractors shall retain sufficient records to assist in determining compliance. Records shall
include, but are not limited to:
a. Notificatio'1s to SFWlB;
b. Referrals from SFWIB;.
c. Job applications received from sources other than SFWIB; and
d. Th.e number'of candidates hired based on referr~ls from SFWIB.
Said records shall be made available to SFWIB upon request, to the extent allowed by law.
H. MONITORING AND COMPLIANCE
1) SFWIB shall monitor quarterly reports submitted by Contractors and review Contractor
records, to the extent allowed by law, to ensure compliance with the FSHRP. Referral
AgencY'shall follow up with Contractors to ensure reporting requireme'nts are met.
2) SFWIB shall be entitled to perform random, unannounced site viSits to applicable project
sites to determine whether or not Contractor has filled its vacancies.
3) SFWIB shall report to the SMCRA any non-compliance with the requirements of these rUles,
any related Implementing Order, or First Source agreement between Referral Agency and
Contractor.
II. SANCTIONS. FOR VIOLATIONS
A. Each SMCRA Contract shall include provisions stating the. nature of the sanctions to be imposed
on a Con~ractor that Is not in compliance with this Section. Such sanctions snail include, but not be
limited to the following:
1) Suspension of contract until Contractor performs obligations, if appropriate.
2) Default and/or termination. '
. 3) Payment of $1,500 per employee, or the value of wages that would have been earned
by employees injured by Contractor's non-compliance, whichever is less ..
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B. If any Contractor attempts to comply with the provisions of FSHRP through fraud,
misrepresentation or material misstatement, the SMCRA, in its sole discretion, may immediately
terminate the subject SMCRA Contract.
III. APPEALS PROCESS
, A. Any firm that is issued a determination of non-compliance with the requirements of this Policy,
or implementing bid documents may appeal that determination. SMCRA shall notify the affected party,
in writing, setting forth the reasons for the determination and advising of the appeals process.
B. The affected party may appeal the determination by filing a written appeal with SMCRA within
fifteen, (lS) business days of receipt of the notice. SMCRA shall forward the appeal to the SFWIB Director
upon receipt.
C. PROCEDURES FOR ADMINISTRATIVE BOARD HEARING:
1) SMCRA staff will schedule a hearing date before a hearing officer, who shall be appointed by ,
the SMCRA Director, SMCRA Board upon timely receipt of a request for an administrative
hearing. along with a $100.00 nonrefundable filing fee to appeal a determination of non-
compliance with the requirements of this Implementing Order, or implementing bid
documents.
2) SMCRA shall serve upon the firm"Contractor (or subcontractor) a notice of hearing within
five (5) working days of a request for an administrative hearing. of the appointment of the
administrative hearing officer. Such notice shall include:
a. A copy of the SMC,RA's determination of non-compliance, as appropriate,' outlining
alleged prohibited practices upon which it is based; and
b. A description of the administrative penalties being considered.
3) An administrative hearing shall be scheduled to be heard before an administrative hearing
officer the SMCRA Board within 35 days after service of the notice. The notice shall also
advise the appellant that he or she may be represented by an attorney, may present
, documentary evidence and verbal testimony, and may cross-examine or rebut evidence and
testimony presented against them.
4) Wit,hin 14 days after completion of the hearing, the administrative SMCRA director shall
transmit the SMCRA findings of fact, conclusions, and recommendations together with a list
of all evidence taken before the SMCRA and all exhibits received by it. to the Mayor or
deSignee, who (i) may sustain, reverse or modify the hearing officer's recommendations and
(ii) shall render a final deCision, in writing. The determination of the Mayor may be
reviewed by an appropriate court in the manner provided in the Florida Rules of Appellate
Procedure.
S) All hearings shall be recorded at a minimum by an audio recording which shall be preserved
as a public record.
This Policy and Procedures is hereby submitted to the City of South Miami Community Redevelopment Agency
Board of South Miami, Florida. '
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EXHBIT B
INSURANCE AND INDEMNIFICATION REQUIREMENTS
1.01 Insurance'
A, Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as "FIR'M" with regard to Insurance and Indemnification requirements) shall be req'uired 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 orthe 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 tl:lem may be liable.
B. 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
discretio'n, 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 m'ay 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, sicknes~ or
disease, or death of any person other than the FIRM's e,mployees; (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 bo.dily 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,
1,02 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:
1.03 Workers' Compensation Insurance at the statutory amount as to all employees in compliance
with the "Workers' C9mpensation Law" of the State of Florida induding 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.
1.04 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 person<;ll injury and property damage liability with limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including:
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• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
• Automobile liability: $1,000,000 each accident/occurrence,
• Umbrella: $1,000,000 per claim
1.05 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 ofthe Comprehensive General Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
(a) Premises ;:lnd Operation
(b) Independent 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 Liab\lity.
1.06' 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 ofthe 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
1.07 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 set forth in section 5.1 above and 5.4 below
and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY
where applicable. .
1.08 Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
A. In 'the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insur-ance Companies acceptable to ~he 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 actuai cash value ofthe insured property. The policy shall be in
the name'ofthe CllY and the CONTRACTOR, as their interest may appear, 'and shall also cover the
interests of all Subcontractors performing Work. '
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B. All of the provisions set forth in Section 5.4 herein below shall apply. to this coverage unless it
would be clearly .not applicable.
1.09 Misc~l\an.eous:
A. If any notice of cancellation of insurance or change in coverage.is iss'ued by the insunmce
company or should any insurance have an expiration date that ""ill occur during the period of this
contract, the FIRM shall be responsible for securing other acceptable Insl,lrance prior to soch
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.
B. . . All deductibles must be decla~ed 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.
C. 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 CIl~ may have.
The 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.
D. Before star:ting 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 A.VII or better per A.M . .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 a-nd 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" ofthe 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:
(ll a policy provision or an endorsement with substantially similar provisions as fo1l9WS:
"The City of South Miami is an additional insured. The insurer shall pay allsums thatthe 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";
(2) 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."
Thomas F. Pepe 2016
06/10/16
Page -13 -of 15
Contractor's Responsibility
Prior to Receiving a Notice to Proceed
Prior to the City issuing a Notice to Proceed, the contractor shall deliver a copy (either hard copy or,
preferably, electronically) of the policy, including the declaration page of the policy and all
endorsements to the policy and provide the City with the name, address, including email address, and
phone number of the contractor's insurance agent.
The Contractor's insurance agent must provide the City with evidence that the insurer issuing the policy
is licensed and authorized to do business in Florida, that the form of the policy being issued has been
approved by the State of Florida and that the insurance carrier that is issuing the policy is not issuing the
policy as a surplus lines carr.ier. The agent shall also provide a citation to the page number of the policy,
or the form number of the endorsement, and highlight the relevant language of the portion of the policy
and/or the endorsements that, in his'or her estimation, meets the following City insurance
requirements. :
a) the city is an additional insured;
b) coverage includes contractual liability;
c) the City will be provided at least 10 days advanced notice of any cancellation of the policy,
including cancelation for non-payment of premium, and at least 30 days' advanced notice of any
material changes to the policy or of cancellation for any reason other than non-payment; and
d) either a policy provision or an endorsement providing that the policy is primary and non-
contributory, such as an endorsement that provides that the vendor's policy is primary over all of
the city's applicable insurance and that treats the city's policies as excess coverage.
It may be that some of these provisions are combined into one endorsement or contained in the policy
itself.
If the policydoes not have a provision or endorsement that provides the City with advanced notice of
cancellation as required by the City, the contractor may still comply wi.th the City's insurance
requirement if the contractor provides the City with proof that the policy premium has been paid in full
and provided the contractor makes arrangements with its insurance company to allow the City to
confirm, monthly, that the policy is in full force and effect. In addition, the Contractor must either pay
the City a monthly monitoring fee, currently set at $25 per month, or have the amount deducted from
the Contractor's draws/payments.
Indemnification Requirement
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,
Thomas F. Pepe 2016
06/10/16
Page -14 • of 15
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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; omissio.n, 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 o'r non-performance of the
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 bf
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 unreasonab.lv withheld.
Thomas F. Pepe 2016
06/10/16
Page -15 -of 15
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RESOLUTION NO. eRA 11 -1 7 -9 6 9
A resolution authorizing the Agency to disburse funding in amount of
$2,500 to Close-Up Productions Inc. for progress billing required to
complete a Board authorized historic research and videography
project.
WHEREAS, during the January 9, 2017 meeting, the Board authorized a funding
disbursement in the total amount of $5,000 to Close-Up Productions Inc. to complete
historic research and provide videography services for 'an historical retrospective of the
SMCRA area; and
WHEREAS, following the January 9, 2017 meeting, Close-Up Productions
commenced services on the above referenced project; and
WHEREAS, staff subsequently received a progress billing invoice in the amount
of $2,500 for partial completion of the above project; and
WHEREAS, the Board desires to fulfill goals and objectives of the adopted
community redevelopment plan including meaningful promotion and marketing the
South Miami Community Redevelopment area.
NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SOUTH MIAMI, flORIDA THAT:
Section 1. The South Miami Community Redevelopment Agency Board
authorizes the Agency to disburse funding in amount of $2,500 to Close-Up Productions
Inc. for progress billing required to complete a Board authorized historic research and
videography project; and charging the total amount to Account No. 610-1110-574-31-
20.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 13th day of February, 2017.
ArrEST: APPROVED:
~~ SE RETARY ~IffuCflJ4A CHAIR ERSON
Page I 0[2
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Res. No. eRA 11-17-969
Board Vote: 5-1
Chair Stoddard: Yea
Vice Chair Welsh: Nay
Member Harris: Yea
Member Liebman: absent
Member Edmond: Yea
Member Jackson: Yea
Member Kelly: Yea
Page 20[2
To: Honorable Chair and
SMCRA B~or ,Memoe s
From: Stephen avid,
. SMCRA _ irecto'
Resolution
Date: February 13, 2017
ITEM. No. 1
PROGRESS B/LUNG FOR HISTORIC RESEARCH &
SMCRA AREA VJDEOGRAPHY PROJECT
A res~lution authorizing the Agency to disburse funding in amount of $2,500 to Close-Up
Productions Inc. for progress billin'g required to complete a Board authorized historic
research and videography project.
Background
During the January 9, 2017 meeting, the Board authorized a funding disbursement in the total
amount of $5,000 to Close-Up Productions Inc. to complete historic research and provide
videography services for an historical retrospective of the SMCRA area. Following the January-9,
2017 meeting, Close-Up Productions commenced services on the above referenced project (See
Exhibit A).
Staff subsequently received a progress billing invoice in the amount of $2,500 for partial
completion, of the project. Approval of the attached resolution shall authorize the Agency to
disburse funding in amount of $2,500 to Close-Up Productions Inc. for progress billing required
to complete a Board authorized historic research and videography project.
Recommendation
Staff recommends approval of the attached resolution authorizing the Agency to disburse funding
in amount of $2,500 to Close-Up Productions Inc. for partial completion of a Board authorized . '-
historic research and videography project; and charging the total amount to Account No.
610-1110-574-31-20 (Special Events & Marketing Account).
Attachments:
Progress Billing InvoIce (Close-Up Productions Inc.)
SD:/CRA/ Progress BlUIng Payment For Research & Vldeography Services
~-.
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EXHIBIT A
. .
. Progress Billing For SIV)CRA Board Approved Proj~ct ...
From: Carl Hersh [mailto:closeup.carl@gmail.com]
Sent: Thursday, January 26, 2017 11:43 AM
To: David, Stephen
Cc: kathy hersh _
Subject: tlA Short History of Black South Miami"
CLOSE-UP
'"' .' '"
Stephen,
I wanted to let you know that we have started initial filming on the video. We shot
images and an interview at the Historic Bethel House in Perrine, and talked with Helen
Gage about shotgun house design. We are now arranging for filming in South Miami and
will keep you posted about how things progress.
In our meeting you said you had some people who knew Marshall Williamson and
-might be able to talk about him, community life and how it has changed over the years.
The final point is about the process we should follow for payment. Should our invoice
go to you for handling? On these projects, when we start filming we invoice for half of
the total amount. The final payment is invoiced when we deliver the [mal product.
We look forward to working with you on this project. If you have any questions, feel
free to contact us.
Regards,
Carl
Carl Hersh
Close-Up Productions, Inc.
www.closeupproductions.com
closeup.carl@gmail.com
,305606-3717 (c)-
305667-6779 (0)
6 February 2017
. Stephen David, SMCRA Director
South Miami Community Redevelopment Agency
5825 SW 68th Street, Suite 4 .
South Miami, Florida 33143
Invoice: # 3407
Re: "A Short History of Black South Miami" -CRA Video
start Date: 26 January 2017
Total Proposed Budget,
Initial 50 percent payment -Now Due
Please Remit to: Close-Up Prodl)ctions, Inc.
clo City National Bank
Bank Routing #: 0660.04367
Bank Acct #: 5001429761
FEI # 59-2127442
9051 S.W. 69 Ct., Miami, FL 33156·
closeup. car/@gmai/.com
End Date: 6 F~bruary 2017
Carl Hersh
5,000.00
$ 2,500.00
305 667-6779
www.c/oseupproductions.com
A.L.J.
«SUPERIOR gOJM:Ei I.1'W'PHOVE.l\I.CENTS··
CELL 30S-005-70S3 -O:FFICE 305-254-2080 -FAX 305-254-9888
INVOICE SUBMITTED TO: WORK TO BE PERFOMEo-AT:
fflDNE: ________ ------------------------------=:
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'WEHEREBY PROPOSE TO PERFORM THE LABOR NECESSARY FOR THE COMPt..ET10N
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DATE~ ____ ~~L-~~~~----------
INVOICE FOR PA YMENT
The above ~~, spealfc:ations and ~dftions we sutisfac:tory and are herebyaccePled. YoU iK~ atitf,o'rtmJ n, (fo"the w'o", as lpeofted. Pay"rftents Wilf'~ made as outJlrie<t Bbo~e.
Slgnature _________________ _
~re~ ______________________ _ IlATE ___________ _
MAKE ALL CHECKS PAYABLE TO ANTHONY l. JACKSON
Larry White
6531 s.w 58pI
South Miami, FL 33143
305-007-4778 . CeH 7S6--Q54--12B5
Invoice No. 1.I CJ S 1.
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