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02-23-04
Chair Vice Chair Member Member. Member Member Member 1 aooi "WkigrwrNeigl vtnxxlaGreat PIowky heW)rkaK11W Mary Scott Russell CRA General Counsel Eve Boutsis Velma Palmer CRA Director Joseph Gibson Randy,G. Wiscombe CRA Secretary (Acting) Maria M. Menendez Marie Birts- Cooper Craig Z. Sherar Levy Kelly SOUTH MIAMI COMMUNITY ' Meeting date: February 23, 2004 Next Regular Meeting Date: March 8, 2004 1 Phone: (305) 663 -6338 Time: 6:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before' engaging in any Iobbying activities to register with the City. Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether, paid or not) to represent a, business entity or organization to influence "City" action. "City" `action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi - judicial and administrative action. It does not apply to not- for profit organizations, local chamber and merchant. groups, homeowner associations, or trade associations and unions. 1. ROLL CALL: 2. INVOCATION: COMMUNITY REDEVELOPMENT AGENCY AGENDA - February 23, 2004 3. PLEDGE OF ALLEGIANCE; ITEMS FOR TIME BOARD'S CONSIDERATION 4. Approval of Minutes December 8, 2003 S. Hard Hat Awards Presentation 6. CRA Director's Report: I. Monthly meeting with SMCRA.Board Members A.Establish a standard time slot for each Board Member II. Program Performance Review III. SMCRA Master Plan A. Phase I Madison Square B. Phase II— Madison Square 1. Concept 2. Developmental Plan 3. Finance'Plan IV. SMCRA Users Guide V. Inter -local Agreement with Miami- Dade County government (rectifying the 50% 50% spilt) VI. Update on the meeting with Ministerial Alliance VII. Trash Receptacle Project VIII. Business Incubator IX. SMCRA Banquet at Bernie's Steakhouse X. Visits to other CRA within the South Florida Region; (A) Homestead (B) Florida City (C) Boca Raton (D) Ft. Lauderdale 7. CRA General Counsel's Report: CONSENT AGENDA (There are no items.) COMMUNITY REDEVELOPMENT AGENCY 2 AGENDA - February 23, 2004 \1 RESOLUTION (S) 8. A RESOLUTION OF THE SOUTH MIAMI' COMMUNITY REDEVELOPMENT.... AGENCY (SMCRA) APPROVING AN EXTENSION OF 'AN EXISTING'; AGREEMENT 'BETWEEN 'THE SMCRA AND B MUMFORD & COMPANY FOR ^ -•' MARKETING AND'PUBLIC RELATIONS SERVICES FOR 'A' PERIOD: ENDING SEPTEMBER 30, 2004 AND PROVIDING FOR AN EFFECTIVE DATE 9. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AMENDING THE BY -LAWS OF THE AGENCY TO ESTABLISH THE SECOND THURSDAY OF THE MONTH AS THE DATE FOR REGULAR. MEETINGS OF THE AGENCY SECTIONS 3.1 OF THE AGENCY BY -LAWS AND PROVIDING FOR AN'EFFECTIVE DATE. PUBLIC COMMENTS, BOARD COMMENTS ADJOURNMENT PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A. PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED' PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS'MADE WHICH RECORD INCLUDES THE 'TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT. EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. COMMUNITY REDEVELOPMENT AGENCY 3 AGENDA - February 23, 2004 '�I�► --- R__Z� soot 'YYfukaul mT t' ghfxWxxd a Greet Mr A) UM Wx* caul Pk1yf' Chair Mary Scott Russell CRA General Counsel Vice Chair Velma Palmer CRA Director Member Randy G. Wiscombe CRA Secretary (Acting) Member Marie Birts- Cooper Member Craig Z. Sherar Member Levy Kelly Member Eve Boutsis Joseph Gibson Maria M. Menendez SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY CRA Meeting Meeting date: February•19, 2004 6130 Sunset Drive, South Miami, FL. Next Regular Meeting Date: March 8, 2004 Phone: (305) 663 -6338 Time: 6:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who, are retained. (whether paid or not) to represent a business entity or organization to influence "-City" action. "City" action is broadly described to include the ranking, and selection of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not -for- profit organizations,. local chamber and merchant groups, homeowner associations, or trade associations and unions. N 1. ROLL CALL: 2: INVOCATION: COMMUNITY REDEVELOPMENT AGENCY AGENDA - February 19, 2004 CALL TO ORDER: 1 3. PLEDGE OF ALLEGIANCE: ITEMS FOR THE BOARD'S CONSIDERATION: 4. Approval of Minutes December 8, 2.003 S. Hard Hat Awards Presentation 6. CRA Director's Report: I. Monthly meeting with SMCRA Board Members A.Establish a standard time slot for each Board Member II. Program Performance Review III. SMCRA Master Plan A. Phase I - Madison Square B. Phase II - Madison Square 1. Concept 2. Developmental Plan 3. Finance Plan IV. SMCRA Users Guide V. Inter -local Agreement with Miami Dade County government (rectifying the 50% 50% spilt) VI. Update on the meeting with-Ministerial Alliance VII. Trash Receptacle Project VIII. Business Incubator IX. SMCRA Banquet at Bernie's Steakhouse X. Visits to other CRA within the South Florida Region; (A) Homestead (B) Florida City (C) Boca Raton (D) Ft.: Lauderdale 7. CRA General Counsel's Report: (There are no items.) COMMUNITY REDEVELOPMENT AGENCY 2 AGENDA - February 19, 2004 8. 9. RESOLUTION (S) A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) APPROVING 'AN EXTENSION OF AN EXISTING AGREEMENT BETWEEN THE SMCRA AND B MUMFORD & COMPANY FOR, MARKETING;AND PUBLIC RELATIONS SERVICES FOR A PERIOD ENDING SEPTEMBER 31, 2004 AND PROVIDING FOR AN EFFECTIVE DATE A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT; AGENCY AMENDING THE BY -LAWS OF THE AGENCY TO ESTABLISW THE SECOND THURSDAY OF THE MONTH AS THE DATE FOR REGULAR MEETINGS OF THE AGENCY SECTIONS 3.1 OF THE AGENCY BY -LAWS' AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC COMMENTS BOARD COMMENTS ADJOURNMENT PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. COMMUNITY REDEVELOPMENT AGENCY 3 AGENDA - February 19, 2004 1 2 3 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ]001 Waking ourNcrghborhood a Crcar "= to Lh c thbrk and Play" SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY MINUTES. DECEMBER 8, 2003 { CALL TO ORDER: The South Miami Community Redevelopment Agency met in'. regular session on Monday, December 8, 2003 beginning at 6:34 p.m., in the City Commission Chambers, 6130 Sunset Drive. 1. ROLL CALL: The following members of the CRA Board were present: Chairperson Horace G. Feliu, Vice Chair Mary Scott Russell, and Members Randy G. Wiscombe, David D. Bethel, Dan McCrea, Levy Kelly,.and Mary Birts- Cooper. Also in attendance were: CRA General Council Earl Gallop, Executive Director Maria V. Davis, CRA Secretary Representative Nkenga Payne and CRA Program Coordinator James McCants. 2. INVOCATION: Commissioner Bethel delivered the Invocation. 3. PLEDGE OF ALLEGIANCE: -The Pledge of Allegiance was recited in unison. ITEMS FOR THE BOARD'S CONSIDERATION: 4. Approval of Minutes a) November 10, 2003 Moved by Member Russell, seconded by Member McCrea, motion to approve the minutes passed by a 7 -0 vote. Member Wiscombe: Yea Member Kelly: Yea Member McCrea: Yea Member Birts- Cooper: Yea Member Bethel: Yea Chairperson Feliu: Yea Vice Chair Russell: Yea COMMUNITY REDEVELOPMENT AGENCY MINUTES — December 8, 2003 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Us] 41 42 43 44 45 46 47 48 49 50 i 5. CRA Executive Director's Report: A. Credit Union Ms. Davis announced there would be no report since the.;, Credit Union representative was not present. There being no further discussion or comments, the CRA. Executive Director's Report was closed. 6. CRA General Counsel's Report: Mr. Gallop said there was no Counsel's Report tonight. There being no further discussion or comments, the CRA General Counsel's-Report was closed. Member McCrea requested that the Public Comments section be moved up from the back of the Agenda, in case there is anyone who wants to comment on the appointment of the Director, which is an important decision on tonight's meeting. Chair Feliu indicated that the change for Public Comments in the order of the Agenda subjects has been discussed previously and that he agrees that Public. Comments should be in the front,of the Agenda. Mr. Gallop indicated that the-change can be done since there are no established provisions as to the Agenda format. Mayor Feliu then, with the consensus of the entire Board, directed, to have the Public Comments section of the meeting placed before the Consent Agenda section. Mr. Gallop indicated that since this change is not required by resolution or ordinance, the Mayor may direct the City Clerk to make the change as established by the Board. CONSENT AGENDA (There.are no items) PUBLIC COMMENTS Mr. Craig Sherar referred to the item relating to appointment of the 'SMCRA Director. He said that the qualifications requirements under the Job Description as "Planner, or its equivalent" is vague and it should have been more specific. As you all know, Mr. Sherar added, I'm a vocal or advocate against the CRA, and you need someone who is capable of COMMUNITY REDEVELOPMENT AGENCY 2 P MINUTES - December 8, 2003 w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 planning with vision for that area, specifically referring to the traffic problems around the CRA area. He said that all applicants for this position should be asked to write a,two -page statement about what their plans are for the CRA. With reference to the Mobley Building, he said that it does not seem right that the City gets $12,000 in rent on a $400,000 property. There being to further comments or discussion, the public comments were closed. RESOLUTION(S) CRA 14 -03 -126 7. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) APPOINTING A DIRECTOR`: RESPONSIBLE FOR THE ADMINISTRATION, DEVELOPMENT, PLANNING AND COORDINATION OF ALL SMCRA PROJECTS AND PROGRAMS; AND PROVIDING FOR AN EFFECTIVE DATE Moved by Vice Chair Russell, seconded by Member Wiscombe to approve this item. Ms. Navarro explained that upon a preliminary review of the nine - submitted applications for the position of SMCRA director, four were selected for an interview. A panel interview was formed, several questions were given and the Board decided to go ahead and set 'up a rating of first and second choice,. and the individual receiving. the'. highest vote would be appointed as the director. The individual receiving the most votes (5 votes) on the first-choice was Joseph Gibson; and Sandra Raymond, who received two votes. 'Chair Feliu moved to appoint Joseph M. Gibson as SMCRA Director' and Members Kelly and Bethel seconded it. Member McCrea asked for discussion on the motion. He said not'to'1 understand how Mr. Gibson is qualified for this position. He asked the Board to help him understand the basis for this appointment,':'';;' because there were other candidates who better met the qualifications`.' >`' which were set out by this Board, therefore, he did not understand why', Mr. Gibson received five votes. Member Bethel said that Mr. Gibson was on the Board when the CRA •. originally started. He was in several meetings at St. John Church,.., about the CRA. Many Saturdays, Mr. Gibson met with our group, and has j been in this community for over twenty -seven years and knows practically everybody in this community, Member Bethel continued. He was involved in' the CRA and you may.not know it, referring to Member McCrea, but Mr. Gibson is not a person, who brags about what he..,has'.: done for this community, Member Bethel added. Therefore, he knows about the CRA. He was down at the County during the time when-we were ., COMMUNITY REDEVELOPMENT AGENCY 3 MINUTES - December 8, 2003 trying to get the votes. And for all these reasons I voted for Joseph Gibson, Member Bethel concluded. Member McCrea said that he does not understand how Member':,, Bethel's reasons referred above would relate to "Knowledge, Skills and; Abilities Required to Perform Job" as per the Job Description. For. instance, knowledge in housing and commercial revitalization, ;., redevelopment, neighborhood and community services, knowledge of grant.'' funding, all of which are important qualities for the SMCRA director to have to get the job done. Member Kelly said that neither of the candidates had everything that the Board was looking for. Subsequently, he said he voted based' on the interview process and the applicant's knowledge of the..., community. Mr. Gibson did a great job in answering the questions-and his experience level seems to be compatible to the job skill task.' Member Kelly added that many times people are deceived by what -they' ,.' see on paper, and he mentioned Ms. Davis as an example, whom he said in some, respect did not meet the level of requirements set by this Board, however, we did get a great City Manager. He said to Member McCrea, that with all the respect to his opinion, that there was a'lot:. of weight and a lot of thought given to this process. Chair Feliu said that Mr. Gibson had worked at the airport with the County and knows a lot of people in the County government, and ins essence they will be the ones determining whether or not we 'have.' longevity in the CRA. Besides, Chair Feliu continued, in reference to the candidate's mission statement and ideas as suggested earlier,by r,.', Mr. Sherar, Mr. Gibson submitted a synopsis to the Board,, demonstrating his vision towards the CRA area. Mr. Gibson has I a master's degree and he is an educator, and I believe that he -brings the type of integrity that people within the CRA will respect. Vice Chair Russell said that regardless of who was selected, that. we need a formal review process for accountability purposes. She said, that a formal review process is needed for the city manager, city attorney and city clerk, and added that they need to look at a three. or six month review to make sure that the plan criteria is being met' and let's give Mr. Gibson a fair chance to work for a community where he has dedicated a great deal of time, she added. Vice Chair Russell . 1. urged staff, specifically Human Resources, to establish a formal; review- process of criteria, standards, expectations, etc. She then said that one of the questions she asked to every candidate during the interview was, whether they foresee the CRA as finite. She said that she was pleased with Mr. Gibson's answer, that he did not see it going: i on indefinitely, and that it did not need to be a thirty -year plan and'':' ; that the mission could be accomplished in five to ten years. He was one of the only two people who answered that way and that is important',:.: :: to me, Vice Chair Russell added. Member Wiscombe concurred with Vice Chair Russell with the importance.of having a formal review process in place. COMMUNITY REDEVELOPMENT AGENCY 4 MINUTES - December 8, 2003 I Ms. Navarro indicated that currently for. department heads and 2 across the board there is a six -month provisionary review, and a very 3 thorough evaluation form and that she will be providing the Board 4 copies for their review. She explained that she sends out a report. 5 that gets generated for a review after six months. When the review is'' 6 back, meeting the criteria set forth, the employee is placed on. 7 permanent .status after a year from the day of hire,, and that is done 8 across the board. 9 10 Chair Feliu, with the consensus of the Board, said to be in'.. 11 accordance with the review process which Ms. Navarro said to have::",.,. , 12 already in place. 13 14 Member McCrea said that the other candidate who received two ! 15 first place votes, also received four second place votes, therefore'dt:..": 16 clearly impressed the Board at the interviews, and that is. Sandra';_ 17 Raymond who works currently for OCED and has considerable experience' 18 including a Masters in Public Administration and a Bachelor in-, 19 Business Administration, adding that he finds Ms. Raymond better ; i 20 qualified, both in paper and from the interview. He said that going 21 forward with this appointment is doing a disservice to the CRA and,it;!; 22 is a mistake. ! 23 24 Member Kelly said that this is an individual who will be'able to 25 deal with the existing community problems in -the CRA which need td�be 26 addressed. 27 28 Chair Feliu said that there is also a silent majority in the CRA..,' 29 community, who could not be at this meeting, but that ,he knows they`'. 30 support Mr. Gibson. He lives in the community, knows the people in I 31 the area and their concerns and that is. very important, Chair Feliu`:',;, 32 added. He reiterated that he was very impressed with his mission 33 statement, he wants to see*an improvement, and.that is what the CRA is 34 all about. 35 36 Member Birts - Cooper said that Mr. Gibson has the goodwill that 37 the CRA needs. 38 39 Vice Chair Russell said that whether or not the Board agrees it 40 is important to come together on -this decision, this is a democracy, 41 and whatever happens from tonight forward the Board needs to give Mr..,. 42 Gibson its ,full support, then we will go through the formal review 43 process as our level of protection and accountability, and we need to 44 work together from this point forward, Vice chair-Russell concluded. 45 46 Member McCrea said that he concurs with'Vice Chair Russell, and 47 that he will support the candidate that the Board will vote on. 48 49 There being ,no further discussion or comments, Chair Feliu then,.' 50 called the question amending Section 1 of the Resolution, inserti.ng':,; f 51 the name of Joseph Gibson, as the appointed Director of the SMCRA. 52 53 COMMUNITY REDEVELOPMENT AGENCY 5' MINUTES - December B, 2003 1 Motion to approve this item as amended passed by a 6 -1 vote. 2 3 Member Wiscombe: Yea 4 Member Kelly: Yea 5 Member McCrea: Nay 6 Member Birts - Cooper: Yea 7 Member Bethel: Yea 8 Chairperson Feliu: Yea 9 Vice Chair Russell: Yea 10 11 12 13 CRA 15 -03 -127 14 8. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY 15 REDEVELOPMENT AGENCY (SMCRA) AUTHORIZING THE 16 EXECUTIVE DIRECTOR TO DISBURSE $9,603.97 FROM ITS 17 ACCOUNT #610- 1110- 554 -99 -20 PAYABLE TO THE MIAMI - 18 DADE TAX' COLLECTOR TO PAY 2003 AD VALOREM TAXES, 19 LEVIED. ON THE MOBELY PROPERTY AT 5825 SW 68T11 . 20 STREET; AND PROVIDING FOR AN EFFECTIVE DATE. 21 22 Moved by Vice Chair Russell, seconded by Members-Wiscombe & Kelly 23 to-approve this item. 24 25 Vice Chair Russell asked staff what are the plans for the Mobley.', 26 property, and whether we are going to continue to earn $12,000 a year',',: 27 while paying out $10,000. 28 29. Ms. Davis said that she was waiting to see what the Credit Union. 30 was going to do. She said that we would not be considered tax exempt 31 if the Credit. Union came in, and that she did not know what kind of 32 rent the City will be collecting. She said that she is. waiting: to`,'. 33 make a recommendation to this Board until she hears from the Credit 34 Union. 35 36 Vice Chair Russell said that, in the' meantime, an appropriate 37 rent would be around .$48,000. a year for that space, otherwise the 38 City will be giving away $35,000 a year. If we are going to pay taxes 39 we need to raise the rent with something that is comparable with 40 market value, she added. 41 42 Chair Feliu said that they need to find out what is the average 43 rental value per square foot in that area in order to establish a more:.,•.;;., 44 realistic rent charge. 45 46 Mr. McCants said that the Credit Union is opening a branch in 47 Atlanta and that is the reason for them not to be here tonight to make' 48 a presentation. 49 COMMUNITY REDEVELOPMENT AGENCY 6 MINUTES - December 8, 2003 1 Member Bethel said that before the rent can be raised, the 2 building needs a lot of improvement, such as installation of air 3 conditioning. 4 5 Chair Feliu said that he welcomes local contractors who may want.,; 6 to help with the improvements, so that the rent potential can be 7 maximized. 8 9 Vice Chair Russell said that the other alternative would be to 10 take the property off the tax roll and make it a City property, where: 11 the CRA may use it, or the City may use it for storage. 12 13 There being no further comments, the motion to approve this item 14 passed by.a 7 -0 vote. 15 16 Member Wiscombe: Yea 17 Member Kelly: Yea 18 Member McCrea: Yea 19 Member Birts- Cooper: Yea 20 Member Bethel: Yea 21 Chairperson Feliu: Yea 22 Vice Chair Russell: Yea 23 i 24 PUBLIC COMMENTS 25 (Continued) 26 27 Chair Feliu opened again for Public Comments for those who 28 were not aware that the Public Comments had been moved to the 29 front of the Agenda, so that they could come forward and speak. 30 31 Ms. Theresa Sawyer, referred to the City property next to 32 her house saying that she is still interested in purchasing the 33 property and is waiting for an answer from the Board. She said 34 that it has been her intention to purchase that property even 35 before the City bought it. She said to have proof of her inquiry 36 to the City from the year 2000 about the property ownership. 37 38 Ms. Davis said that Ms. Sawyer had been before the CRA 39 Advisory Board discussing her issues and expressing her desire to 40 purchase the property and it was the,consensus of that Board that 41 she has been taken care of the property, and the Board felt very. 42 strongly that the CRA Board should allow her to purchase the 43 property. 44 45 Chair Feliu asked whether there were some outstanding legal 46 issues on this property. Mr. Gallop said that there was no quorum 47 at the•CRA Advisory meeting to establish an official position of 48 the body. He added that he is not aware of any legal issues. 49 Ms. Davis said that the reason no recommendation was sent to the 50. CRA Board is because they had no quorum at the time, but that the 51 members who were present at the Advisory Board were very much in 52 support of Ms. Sawyer purchasing the property. Chair Feliu said COMMUNITY REDEVELOPMENT AGENCY 7 MINUTES - December 8, 2003 1 that he believed that the parcel was so small that in order to 2 build a house a variance would be required. Ms. Davis explained 3 that even though the parcel. is small it would not require a 4 variance. Furthermore, Ms. Davis added, Ms. Sawyer has been 5 maintaining the property for years. Chair Feliu said that he 6 does not have a problem with this, provided that the deed 7 restrictions discussed at earlier meetings would be in place, to 8 prevent anyone from reselling for profit later on. He also said 9• that they also need to know what the fair market value of that 10 property is. Member McCrea concurred with Chair Feliu, and that 11 he would not even go'as far as to limit the. property rights. 12 Members Kelly and Wiscombe concurred with Member McCrea. 13 14 With the consensus of the Board, Chair Feliu directed staff 15 to research the fair market value of the property and allow Ms. 16 Sawyer the opportunity to purchase it. 17 18 Mr. Adrian Ellis referred to the Board's appointment of Mr.: 19 Gibson, saying that ' he is a leader in the CRA area and that ' it 20 goes a long way to have someone from the area who understands the 21 issues and the problems of this community and said it was a great 22 decision by the Board. He then referred to the six months review 23 suggested that it would be better to have a six month contract 24 which could be renewed in six months, and then the contract could 25 be renewed for another six months, one year or two years, to 26 better assess whether he is meeting the Board's expectations. 27 With reference to the Mobley building, he said that while Subrata 28 Basu was the Director, there had been discussions about moving 29 the CRA office there, and also moving some of the recreation 30 offices into that building. He urged the Board to evaluate the 31 decision of whether is better to take the property off the tax 32 .roll or to raise the rent. Finally, he referred to the South 33 Miami Gardens meeting. He said that the Board needs to go back 34 and review the original plan for that area and do some type of 35 cost estimate regarding displacement. He said that people are 36 terribly concerned with displacement and urged the Board to get 37 something in writing with the help of the attorney, explaining 38 the displacement cost, and that the CRA will not be held liable 39 for the cost. Chair Feliu said that this issue had been 40 discussed before by this Board and that the idea is to build some 41 housing right there, on the vacant parcel across the street from 42 the "Hot Cookie" place, so that the displacement takes place on a 43 step by step basis, adding that this is one of the reasons why he 44 is so pleased to have a director who will take care of all of 45 these details. Member Bethel said that several workshops were 46 conducted at the Senior Citizens building to discuss this issue. 47 A survey was sent out asking those who want'to become homeowners 48 to sign their names,' and we put credit counselors in contact with 49 these people. The plan is not to knock down all the houses at 50 the same time. It would be done in sections. We promised that 51 everybody that signed that they would be able to . come back as a 52 homeowner, and even though not everybody would become a COMMUNITY REDEVELOPMENT AGENCY 8 MINUTES - December 8, 2003 I homeowner, every house would look the same, regardless of whether 2 they were owners or whether they would be renting. 3 4 Mr. McCants said that seven different sites were identified 5 in the CRA area to offset the displacement factor and to keep the 6 residents in the area, and he said the study is in his office for 7 anyone interested in reviewing it. 8 9 Member McCrea said that the South Miami Gardens site which 10 is approximately 7.2 acres, from a construction finance 11 feasibility point of view, it is certainly feasible to do that in 12 stages. 13 14 Chair Feliu reiterated that the intent of the project is not 15 to displace anyone. The intent is to provide everyone with' 16 affordable housing, so that they have home ownership, which the 17 American dream is all about, that is what I envision for the CRA 18 and that is what Mr. Gibson expressed is his vision for South 19 Miami, Chair Feliu added. 20 21 Mr. Oscar Rivera, attorney and developer of affordable. 22 housing,.said his plan is to build affordable multifamily housing 23 on that site, and part of the plan is to alleviate the 24 displacement factor by moving families in, phases. He then said 25 that as soon as the zoning ordinances which have been discussed 26 and are floating around are in place, the project can start to 27 get rolling and we could be breaking ground within three to four 28 months, since planning and financing are already in the works. 29 30 Ms. Valerie Newman referred to the meeting. that took place 31 at Murray Park recently, claiming that the meeting was not 32 properly noticed. Ms. Davis clarified that the meeting was 33 properly noticed on the bulletin .boards at City Hall. She then 34 said that in the future she will appreciate having those meetings 35 here at City Hall, on neutral ground. She said to have been 36 upset by comments made by Commissioner Bethel and certain' 37 employees of the City saying that outsiders had no business 38, speaking at this meeting. She said that she is not an outsider, 39 that she is a taxpayer of this City, and that she felt that she 40 was being denied her First Amendment rights. Ms. Newman then 41 said that the City needs to make sure that affordable housing is 42 indeed affordable. She said that there was $75,000. allotted for 43 rehab at Lee Park and that she does not understand why these 44 people are now being assessed in excess of $200. for maintenance 45 fees. She urged the Board to look into the matter as to why. 46 these people at Lee Park are loosing their apartments on account 47 of the maintenance fee, and added that some of these fees are 48 higher than their mortgage. Ms. Newman said that for reasons of 49 this nature, the South Miami Gardens residents need some sort of 50 representation. She said that we used to have in our Charter 51 four public defenders available to people, which were taken out 52 of our Charter in the year 2000. 53 COMMUNITY REDEVELOPMENT AGENCY 9 MINUTES - December 8, 2003 . 1 Mr. Gallop said that for the Miami Beach Housing Authority 2 they sometimes engaged with the Legal Services of the City of 3 Miami, which might be an avenue to explore. 4 5 Member Kelly said that a group of attorneys from a law 6 school came to offer their services for this exact type of 7 service. Ms. Newman said that upon checking with the University 8 of Miami she found out that the students are not allowed to. do 9 this since they would be practicing law without a license. Chair 10 Feliu said that there must be some government agency that could 11 help these residents because they do have a problem, and he said 12 to agree with Ms. Newman on this issue. She then said that the 13 Lee Park issue needs to be addressed before the South Miami 14 Gardens residents regain confidence in the project. 15 16 There being no further comments, the public comments were 17 closed. 18 19 BOARD COMMENTS 20 21 Member Kelly referred to Ms. Newman's comments saying that 22 she is absolutely correct and that she has every right to attend 23 a public meeting in any part of the City. However, all the 24 meetings cannot be held at City Hall, since all the people in the 25 community need to be reached to discuss things. He announced 26 that on December 18, 2003, the Alliance for Youth in conjunction 27 with the Parks and Recreation Department are holding a Christmas 28 Festival that will start at 6:30 p.m. at Murray Park with lots of 29 entertainment. 30 31 Member Bethel said that in spite of all the criticism the 32 CRA receives, the CRA has done great things for the City of South 33 Miami. I have been in South Miami for a long time, have taught 34 in school for thirty -seven years and know the conditions, and can' 35 say that this community has. improved a great deal. On SW 63rd 36 Street where crack houses used to be, Habitat for Humanity came 37 in and built some nice homes. He mentioned the Valencia 38 Apartments which will be finished soon; he said we have a nice 39 hotel which many people do not know that we have; the Gibson 40 Center, every Tuesday and Thursday evening helping everyone with 41 aids in this community. Member Bethel went on to mention many 42 good things happening in the community. He said that he is going 43 out in February with a smile because he knows that great things 44 have happed in South Miami. 45 46 Chair Feliu said that it is easy to criticize an entity that 47 was not in existence before, but the CRA has done more than what 48 anyone will see on paper. The fact that there is a Board in 49 place, concerned about an area which has been neglected for over 50 fifty years in so many aspects; the CRA has provided many',; 51 improvement grants that cannot be seen from the outside; the CRA COMMUNITY REDEVELOPMENT AGENCY 10 MINUTES - December 8, 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 has helped people who are on a fixed income and are unable to have the roof repaired. Mr. McCants reminded the Board and the public that the CRA is again holding their "Spirit of the Season" award, it is held annually the week before Christmas. The selected homes are identified with signs displayed on their yards. The Mayor, Vice Mayor and Commissioners go around selecting four winners, and then pictures of the awarded homes are taken and published. He, explained that this program was started by Member Bethel. Chair Feliu said that this is the last meeting for the year 2003 and wished everyone happy holidays. ADJOURNMENT There, being no further business to come before this Body, the meeting adjourned at 7:39 p.m. Attest: Maria M. Menendez. CRA Secretary J: \My Documents \minutes \CRA 12.08.03.doc COMMUNITY REDEVELOPMENT AGENCY MINUTES - December 8, 2003 Approved: 11 Horace G. Feliu CRA Chairperson January 20; 2004 y "r 'F Alfdwerl�aCitY -t- ;f sr --*M-a .r •.,,.w m' QVal 2001 Waling Our Neighborhood a Great Place to Live, lr✓ork and Play" m Commissioner Jimmy L. Morales Board of County Commissioners 111 NW First Street Suite 220 Miami, Florida 33128 -1963 Dear Commissioner Morales: My name is Joseph Gibson, 'and I would Iike to introduce myself as the newly appointed Director of the South Miami Community Redevelopment Agency ( SMCRA). After speaking with you on a few prior occasions, I was left with a highly favorable impression of your dedication to public service. We recently met with your aide Mr. Will Johnson, and, he provided uswith the appropriate approach for addressing bur immediate concerns. The consensus here at SMCRA is the necessity of rectifying the Tax Increment Financing (TiF) split between Miami -Dade County Government. In a very straightforward sense, there exist a glaring discrepancy, between what SMCRA receives from the T1F, in comparison with what other CRA'S in the county are receiving. (See enclosure) In addition, over the past five years, there has been a serious shortfall in SMRCA's budget, because the expected revenues from The Shops at Sunset Place have never materialized. The Shops of Sunset invariably is the engine which was expected to drive our process. Commissioner Morales, I cannot understate the degree of urgency that should be applied to this issue. As you are quite aware, properties within the SMCRA are highly sought after by,developers throughout the' South Florida community. It is imperative that SMCRA positions itself to have the capacity to acquire prime properties within its area to facilitate potential future developments. We thank you in advance for any considerations given in this matter.' I can be reached at (3 05) 668 -7238 for the purpose of arranging a'meeting. We look forward to maintaining what is recognized to be a fruitful and mutually beneficial relationship. Cordially, /Joseph C' son Director SMCRA cc: blk. V'J i11 JGI1nSG1,- CGeiLuission Aide Enclosures; so,uthh'ifam! COMMLErt[ty'Dcedelreromment Agency A 30 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 : PHONE: 305- 668 -7236 FAX. 305-663-6345 www.cityofsouthmiami.net 2001 Making Our Neighborhood a Great Place to Live, Work and Play" January 20, 2004 Commissioner Dennis Moss Board of County Commissioners 111 NW First Street, Suite Miami, Florida 33128 -1963 Dear Commissioner Moss: My name is Joseph Gibson, newly appointed Director of South Miami Community Redevelopment Agency (SMCRA): It was quite encouraging to briefly speak with you on yesterday in regards to the condition of SMCRA. As mentioned in. our. conversation, I am particularly concerned about the Inter - Local Agreement section which relates to our Tax Increment Financing arrangement with the county. In fact, this specific aspect of the Inter -Local Agreement has been a concern of ours since our inception in 1998.The current 50150 split between Miami Dade- County has produced an acute shortage in the projected revenues which were anticipated in our original SMCRA plans. This disappointment, coupled with the fact that the expected revenues from. our `engine, The Shop At Sunset Place, has negatively impacted upon our ability to maintain and create new projects. Additionally, it is quite. obvious that SMCRA is receiving a much smaller share of the TIF than any other CRA which is operating in Miami -Dade County. Commissioner Moss, I must emphasize to you that this is an urgent matter, which should be addressed expeditiously. I'm positive that you are quite aware that the S. Miami Real Estate market is presently growing by leaps and bounds. In order to enhance the successful redevelopment of our area, it is imperative that we have the ability, to timely purchase choice properties enabling us to' achieve site control for projected projects. Your response in this most important matter will be greatly appreciated., I can be reached at (305) 668 -7238 for the purpose of arranging a meeting. I trust that you will continue your impeccable service to the South Dade Community, and that you maintain your keen interest in the developments here in S. Miami. Cordially, eph bson Director SMCRA Enclosures; South Miami Community Redevelopment Agency 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 PHONE: 305 - 668 -7236 FAX: 305 -663 -6345 www.cityofsouthmiami.net I 4v City of ,youth Mani RED P ' I is 64T FR- en •r•.i 1 ..{ � �,-,.. rte- « «;urn. "emu �- . SVIh -�9m ST- _. . r°- ...__:. • - 1���t;\ , x` `OGQ -N ST MM Proposed Phases— Year One 1. Establishing criteria for participation. Screening potential business owners • Create Advisory Board • Determine goals of the City /community and success measurements relative to the number of businesses to be started, size, sales volume, etc. o Funding mechanisms • Establish requirements /expectations for participants. • Identify and 'select business owners and /or would -be owners 2. Set-up, Office space /location .— Space and use needs identified • Office opened • Lease /Donated space -- length of availability, terms Equipment —.costs, ownership, lease versus buy, donated, etc. • Computers- Internet Connection Phones Faxes Security Furniture • Administrative staff - :scope of .work and time needed Space needs tied in to number of participants and growth plans: 1541 Sunset Drive, Suite 201 Coral Gables, FL 33143 (305) 669 -1449 • Fax (305).663 -3351 1- 800 -998 -SPEAK • Web site: www.speakoutin,c.com • E -mail: info @speakoutinc.com 3. Start -Up and Onaoina Business Education Proarams Business Plan Development Legal Aspects Marketing and Sales Plans Sales Coaching Operations /Insurance /etc. Finance . Accounting /Bookkeeping Personal /Professional Development Others to be determined based on type of business, experience level, market, etc. Weekly classes by experts-and volunteers Mentoring by business volunteers Establish relationship with FIU /Miami .Dade for grants, interns, guest instructors, classes, research funding, etc., and with local civic /business groups as appropriate, i.e. South Miami Rotary. 4. Evaluation and Continuation Periodic reports to the City Commission. on progress of participants Including: Sales.figures Achievements Transition strategies for first, year participants Identification r of new businesses /potential owners_ for Year 2. Thank you for, the opportunity to present these preliminary considerations. }t �-. . . . ..... SMCRA, 1001 Making Our Neighborhood a Great Place to Live, Work and Play"' January 29, 2004 NIL Tommy Dorsett, Commissioner City of Florida City 404 Palm Drive Florida City, Florida i Dear Commissioner Dorsett: On behalf of the South Miami Community Redevelopment Agency (SMCRA), we would to thank you for such an insighful and enlightening view of your progressive city. Itwas indeed an eye opening experience to observe the high level of your single - family home development. Your situation is probably unique to all of Dade County because of the vast areas of available land for development. Here in. South Miami, our circumstances are greatly impacted by the scarcity of available land. At SMCRA, one of our main priorities will be for the creation of sustainable economic development within an area which has been traditionally' underserved..We plan to accomplish this task through the completion of the `Madison Square' concept that we spoke about. Our strategy for'completion of this project is to heavily involve the local churches in every, phase of this process. Thus far, we have received maximum support in this most crucial endeavor. In closing, we trust that you; will continue your capable and dedicated service to such a progressive community. Florida City is certainly fortunate to have a public official of your caliber. We wish only the best for you and the remainder of your family. Cordially,. . Joseph Gibson Director SMCRA South Miami Community Redevelopment Agency, 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 PHONE: 305 -668 -7236 FAX: 305 - 663 -6345 www.cityofsouthrniami.net 6H"CD CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Honorable Chair Date: February 19, 2004 and SMCRA Board From: Joe Gibson Subject: Agenda Item# CRA Director CRA Board Meeting 2/19/04 Agreement between SMCRA and B Mumford & Company REQUEST A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY .( SMCRA) APPROVING A EXTENSION OF AN EXISTING AGREEMENT BETWEEN THE SMCRA AND B. MUMFORD & COMPANY FOR MARKETING AND PUBLIC RELATIONS SERVICES FOR A PERIOD ENDING SEPTEMBER 30; 2004, AND PROVIDING FOR AN EFFECTIVE DATE, RECOMMENDATION Your approval of the extension of the agreement is recommended. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 1.6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RESOLUTION NO. A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) APPROVING A EXTENSION OF AN EXISTING AGREEMENT BETWEEN THE SMCRA AND B. MUMFORD & COMPANY FOR MARKETING AND PUBLIC RELATIONS SERVICES FOR A PERIOD ENDING SEPTEMBER 30, 2004; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the SMCRA desires to retain the services of a Marketing and Public Relations firm to develop various promotional and other collateral material to create a recognizable and unique positive identity for the Agency; promote Agency activities and to effectively reach the residents, business and development communities; and WHEREAS, the SMCRA after having gone through a selection process retained and entered into an Agreement with B. Mumford & Company through Resolution No. CRA 10- 01 -59; and WHEREAS, by Resolution No. CRA 23 -02 -111, adopted by the SMCRA Board on December 9, 2002, the Board extended the contract until September 30, 2003; and WHEREAS, B. Mumford & Company has done an effective and excellent job to promote the interest of this agency; and WHEREAS; both the 'SMCRA and the consultant desire to have the existing Agreement extended until September 30, 2004. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY: Section 1. The existing Agreement between the SMCRA and B. Mumford & Company be extended fora period ending September 30, 2004. Section 2.: This resolution shall be effective upon approval. PASSED AND ADOPTED this day of 12004. ATTEST: SECRETARY READ AND APPROVED AS TO FORM: GENERAL COUNSEL APPROVED: CHAIRPERSON Board Vote: Chairperson Russell: Vice Chairperson Palmer: Board Member Wiscombe: Board Member Birts- Cooper: Board Member Sherar: Board Member Kelly: FPCM : FAX N0. : Apr. 20 2033 96:29FM P2 NNW can WING .1 N U I c o M'Y A N Y A 1'ui�iid Rela nuns Firm By facsimire and a -mail ' LETTER OF UNDERSTANDING January 7, 2044 Mr. Joey Gilson' Executive Director South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, Florida 33143 Dear Mr. Gibaon: B Mumford & Company respectfully welcomes the opportunity to continue its performance of public. relations and marketing services for the South Miami Community Redevelopment Agency (SMCRA. ), under your direction and leadership. ..We are hopeful of assuming a proactive position' in communicating your vision and the SMCRA's programmatic fimcdons through the media, in the community and ,using general marketing vehic!.es,'as appropriate and approved, We look forward to fuL tiling the policies set .faith by the CRA's Board of Directors and Advisory Board, from a marketing st+andpoin4 in the success of the SMCRA Certainly, we have enjoyed worki.i� with your Community. Outreach Coordinator, Mr. James Me Cants, on a co- nsistentI)a:sis to best'represent the Board's and Directors' objectives L and program activities. Your consideration of my continuing contractual 'relationship with the SMCRA is greatly appreciated, and we thank you. Si ly, Sob ie Mumford, President B Mumford & Company 103USI�T. 1;.2nc)At�.,T'liaaui,l=i.3313✓; •Y)�3fi5- 73t��k: tifit !=ax3S7j.�5rr1,[131 s «.m:iu mum�lr.)lixtctl.nelJwnE+ni.4a li►uin�urLxuYni i CONTRACT BETWEEN THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AND B. MUMFORD ' & COMPANY This contract is made and entered . into this day of January; 2004 between the City of South Miami Community Redevelopment Agency (" SMCRA" ), located at 6130 Sunset Drive, South Miami, Florida 33143 and B. Mumford & Company, a Florida corporation and Public Relations Firm, located at 10305 N.E. 2nd Avenue, Miami, Florida 33 13 8 ( "consultant"). WITNESSETH: WHEREAS, SMCRA desires to engage and .retain the publicity related services of the consultant to perform. the work described in this contract and the consultant desires to accept the engagement; and, WHEREAS, the SMCRA has an ongoing relationship with consultant and desires to continue its relationship with consultant by executing this contract. NOW THEREFORE, in consideration of the sum of $10.00, the mutual promises and covenants contained in this contract, and for other good and, valuable consideration, the receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as follows. 1. WHEREAS CLAUSES 1.1. The above whereas clauses are incorporated and made a part of this contract. 2. 'STATEMENT OF WORK 2.1 The statement of work for this project shall be as provided in composite.appendix A, which is incorporated and made 'a part of this contract. 3. COMMENCEMENT DATE AND TERM 3.1 The term shall commence upon the date. of this contract and shall automatically renew for one additional year term. 3.2 Work shall commence upon the issuance of a written task order by the SMCRA. ` Work shall proceed in substantial compliance with the schedule of services contained. in the statement of work. Acceptance of work by the SMCRA shall be evidenced by a notice of completion or. by a: notice of Page l of 13 acceptance. 4. PAYMENT 4.1 The SMCRA shall pay the consultant the contract amount(s) provided in the statement of work. The amount shall be either a fixed price or shall be based on agreed charges for time and materials for an amount not to exceed the stated fixed amount. The amount to be paid shall be stated in the task order authorizing the work. Consultant's hourly rate shall not exceed: Category Hourly Rate Public Relations Coordinator /Assistant Coordinator $125.00 Information/Community Outreach Specialists $100.00 Graphics Designer $ 90.00 4.2 If a "Not to Exceed" fixed fee is mutually agreed upon, the amount of compensation shall be based on an hourly rate fee. The hourly rate fee shall be computed based on the hours worked by the consultant. The hourly, rate for this category, as shown above, includes all equipment, supplies, materials, tools labor, wages, taxes, insurance, benefits, overhead and profit and shall be applicable to any necessary overtime work: 4.3 The SMCRA shall not be liable to pay, and shall not pay, charges o extra work, delay charges, or additionai worr, unless the SMCRA's contract officer- .spe ifically wathorizes_.the, eitra or additional work, in a written task order before the commencement of the work. 5. TRANSFER ANI}- ASSIGNMENT 5.1 None of the work or-services under this contract shall be subcontracted unless contractor obtains prior written consent_from_the' SMCRA...__. —. Approved subcontractors. shall be subject to each provision of this contract and consultant shall be responsible and indemnify the SMCRA- for all subcontractors' acts, errors or omissions. 5.2 The consultant shall not assign, transfer or pledge any interest in this contract without the prior written consent of the " SMCRA; provided, however, that claims for money by the consultant from the SMCRA under this contract may be assigned, transferred or pledged to a bank, trust company, or other financial institution without the SMCRA's approval. Written notice of any Page 2. of 13 assignment, transfer or pledge of funds shall be furnished within 10 days by the consultant to the SMCRA. 6. MODIFICATIONS — CHANGE ORDERS 6.1 The SMCRA may, at any time, by written change order make changes to the scope of work, and to the means and methods of performing the work. The . SMCRA may order temporary stoppage of the work or delay, in performance that does not alter the scope of work. Changes, including , any increase or decrease in the, amount of ' the consultant's compensation, shall be incorporated in written amendments to this contract.' 6.2 If any change causes an increase or ' decrease in the price charged, the maximum amount of the contract, or the time required for performance of any part of the work under this contract, or otherwise affects, the conditions of this contract, ,the SMCRA shall make an equitable adjustment to the maximum amount, the price(s), the delivery schedule, or other affected terms, and shall modify the contract with a written, change order. 7. TERMINATION FOR DEFAULT 7.1 Either party may terminate this contract prior to the expiration of the initial term or any subsequent renewal term on account of a material breach of this contract by the other party, which has not been cured within 10 days from the date of receipt of written notice of breach from the party seeking termination. 7.2 Termination shall be effective as of the end of the notice period in the case of any uncured material breach. 7.3 Consultant may terminate this contract prior to the expiration of the initial term or any subsequent renewal term upon not less than 10 -days prior written notice to the SMCRA in the event that consultant is unable to complete the services identified in paragraph 2.1 due to causes beyond consultant's control. 7.4 The SMCRA shall ' have no liability to the consultant for future profits or losses in the event of termination for default. 7.5 The rights and remedies of the SMCRA provided in this provision shall not be exclusive and are in addition to ' any other rights and remedies provided by law or under this contract. Page 3 of 13 7.6 Should consultant provide the SMCRA with written notice of cancellation of contract, consultant will be required to refund a pro -rata share of the compensatiodidentified in paragraph 4. 8. TERMINATION FOR DELAY 8.1 If the project is suspended or the consultant's services are delayed by the SMCRA for more than 30 consecutive days, the consultant may terminate this -contract by giving not less than 10 days written notice. 8.2 The liability of the SMCRA upon termination, by the consultant for suspension or delay of the project shall be for the value.of services performed pursuant to the schedule contained in the statement of work rendered by consultant to the time of termination by consultant. The SMCRA. shall .not be liable for future profits or losses. 9., TERMINATION FOR CONVENIENCE 9.1. 'The SMCRA may terminate this contract for convenience at any time by giving 10 days notice in writing to the consultant. The. consultant will be paid for the value of services performed pursuant to the schedule contained in the statement of work, up to and including the termination date. Consultant will be permitted to complete on -going investigations and shall be paid for all satisfactory work completed. The SMCRA shall not be liable for future profits or losses. 9.2 In the . event that the SMCRA improperly terminates the contract for default under paragraph 7, the termination shall be deemed a termination for convenience, under this paragraph. 10. TERMINATION FOR LACK OF FUNDS 10.1 Not withstanding any other provisions of the contract,. if the funds anticipated by the SMCRA for. the for the payment of work under this contract are at any time not forthcoming, through the failure of the SMCRA to appropriate funds, the failure of Miami -Dade County, the Florida Legislature, or the U.S Congress to appropriate funds,'. or the refusal of the administrative branch of the federal 'or county government to release funds, or due to any other reason for the unavailability of funds in succeeding fiscal years, or the discontinuance or material alteration of the program under which funds are to be provided, the SMCRA shall have the right to terminate the contract without penalty by giving not less ,than 10 days written notice of the lack of available funding. Page 4 of 13 10.2 In the event the SMCRA declines to appropriate funds for payment of the contract for future, fiscal years, consultant shall be paid for work performed under the contract with fields that are appropriated for the current fiscal year. The liability of the SMCRA to consultant shall be limited to the obligation to budget and appropriate funds for work performed during the current fiscal year. 10.3. For any portion of the work that is funded by county, state or federal appropriations or grants, the liability of the SMCRA to consultant shall be limited to payment for services when payment is received by the SMCRA from the county, state or federal authority. The SMCRA shall submit all required documents requesting payment within a reasonable time. The SMCRA shall not be liable to consultant for work performed in the event that payment is not received by the. SMCRA from a county, state or federal funding authority. This is a pay -` when -paid clause. 11. NO DAMAGES FOR DELAY CLAUSE' 11.1 No claim for damages or any claim other than for an extension of time shall be made or asserted against the SMCRA by reason of any delays. The consultant shall not be entitled to an increase in the contract sum or payment of compensation of any kind from the SMCRA for direct, indirect, ' consequential, impact, mobilization, demobilization, or, other costs, expenses or damages, including, but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever; provided, however, that this provision shall not preclude recovery or damages by the consultant for hindrances or delays due solely to fraud, r bad faith or active interference; on the .part of the SMCRA or its agents. Otherwise, the consultant shall be entitled only to extension of the contract time as the' sole and exclusive remedy for a resulting delay, in accordance with and to the extent specifically provided above. 12. RIGHT TO WITHHOLD 12.1 If work under this contract is not performed in accordance with the terms hereof, the SMCRA has . the right to withhold any payment due to the consultant, of any sums as the SMCRA may. deem sufficient to protect it against loss,. or to ensure payment of claims, and, at. its option, the SMCRA may apply the sums in the manner as the SMCRA may deem proper to secure itself or to satisfy the claims. The SMCRA will provide consultant with 10 days prior written notice in the' event that it elects to exercise its right to withhold under this paragraph. Page 5 of 13 13. INTEREST PAYMENTS DUE TO LATE PAYMENT 13.1 The SMCRA shall make ' payment to consultant within 30 days of receipt of the original written invoice and sufficient backup documentation and, acceptance of the work by the SMCRA. Interest shall accrue on unpaid invoices as provided by Section 218.74, Florida Statutes. 13.2 Consultant shall not be entitled to any carrying charges or finance fees due to late payment by the SMCRA. 14. LIENS 14.1 The consultant, subcontractors, suppliers and laborers are prohibited from placing a lien on SMCRA's.property. 15. -INDEPENDENT CONTRACTOR 15.1 The consultant is furnishing its . services as an independent contractor and nothing in this contract shall create any assoc iado::, -p rtnersh_ip or joint venture between the parties, or any employer - employee relationships. -- 16. INSURANCE AND.INDEMNIFICATION 16.1 The SMCRA shall not be held liable or responsible for any claims which may result from acts, errors or omissions of the consultant or its subcontractors, suppliers or laborers. In reviewing, approving or rejecting any submissions or acts of the consultant, the SMCRA in no way assumes responsibility or liability for the acts, errors or omissions of the consultant or subcontractors. 16.2 The consultant shall not commence work under this contract until it has obtained all insurance required by the SMCRA., consultant shall defend, indemnify 'and hold the SMCRA harmless from any and all claims, liability, losses, expenses and causes of action arising solely out of a negligent act, error, or omission or misconduct of the consultant, or the consultant's subcontractors, suppliers and laborers incident to the performance of the consultant's services under this contract. The consultant shall pay all claims, losses, fines, penalties, costs and expenses of any nature whatsoever resulting from its intentional misconduct or negligence. 16.3 The consultant shall maintain during the term of this contract the following insurance: Page 6 of 13 A. Professional Liability Insurance in the amount of $50,000.00 with ' deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the consultant shall become legally obligated to pay as damages for' claims arising out of the services performed by the consultant or any person employed by him in connection with this contract. This insurance shall be , maintained for. three years after completion of the construction and acceptance of any project covered by this contract. However, the consultant may purchase Specific Project Professional Liability Insurance which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement; including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and proferry damage liability with limits of $50,000.00 combined single limit per occurrence for bodily injury and property damage. The policy or policies shall name SMCRA as additional insured and shall reflect the hold harmless provision contained herein. C. Workers' Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. D. The policies shall contain waiver of subrogation. against the SMCRA where applicable and shall expressly provide that the policy or policies are primary over any other insurance that the SMCRA may have. The SMCRA reserves the right 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 SMCRA. E. All of the insurance is to be placed with Best rated A -8 or better insurance companies qualified to do business under the laws of the State of Florida. 16.4 The consultant shall furnish certificates of insurance to the SMCRA prior to the commencement of operations. The certificates shall clearly indicate that the consultant has obtained insurance in the., type, amount, and classification as required for strict compliance with this paragraph and that no reduction in limits by endorsement during the policy, term, or' cancellation of this insurance shall be effective without 30 days prior written notice to the SMCRA. Page 7 of 13 16.5 Compliance with .the foregoing requirements shall not relieve .the consultant of its liability and obligations under this contract. 17. EQUAL EMPLOYMENT OPPORTUNITY 17.1 During the performance of this contract, the consultant agrees as follows: A. The consultant shall not discriminate against any employee or applicant for employment because -of race, color, religion, sex, sexual orientation or national origin. B. The consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation or national origin. Such action shall include, but not be limited to, (1) employment, (2) upgrading, (3) demotion, (4) transfer, (5) recruitment or recruitment advertising, (6) layoff or termination, (7) rates of pay or other forms of compensation, and (8) selection for training, including apprenticeship. C. The consultant shall post , in conspicuous places available to employees and applicants for employment the notices to be provided. by the contracting officer that explain this clause. D. The consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual . orientation or national origin. E. The consultant shall send, to each labor union or representative of workers with which it has a collective bargaining contract or other contract or understanding, the notice to be provided by the contracting officer advising the labor union or workers' representatives of the consultant's commitments under this clause, and. post copies of the notice in conspicuous places available to employees and applicants for employment. F. The consultant shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. G. The consultant shall furnish all information and reports required by Executive Order 11246, as amended and ' by rules, regulations,- - and orders of the Secretary . of Labor, or pursuant thereto. The consultant shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with the rules, regulations, and orders. H. In the event of a determination that the consultant is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in "whole or in part, and the consultant may be declared ineligible for further Governmental contracts, or federally assisted construction contracts under the procedures authorized in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. I. The consultant shall include the terms and conditions of this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued .under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each- subcontractor or vendor. The consultant shall take the action with respect to airy- subcontract or purchase orders as the Department of Labor may direct as a means of enforcing the provisions, including sanctions for noncompliance; provided that if the consultant becomes involved in, or is threatened with, litigation with a subcontractor or, vendor as a, result of the direction, the consultant may request the United States to enter into the litigation to protect the interests of the United States. 18. M EDIA.TION 18.1 Any claim or dispute arising out of or related to this contract shall be subject to informal mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Both_ parties waive any right to arbitration. 18.2 . The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Miami -Dade County, Florida, unless another location is mutually agreed upon. Page.9 of 13 18.3 Contracts reached in mediation shall be enforceable as settlement contracts in the 'circuit court for the l lth judicial circuit for the State of Florida. 19. JURISDICTION AND VENUE 19.1 For the purposes of this contract, Florida law shall govern the terms of this contract. Venue shall be in Miami -Dade County, Florida. 20. SOVEREIGN EMIUNITY AND ATTORNEY'S FEES 20.1 The' SMCRA does not waive sovereign immunity for any claim for breach of contract or for an award of prejudgment interest; provided, however, that in any action arising out of or to enforce this contract, the prevailing, party shall be entitled to its reasonable attorney's fees and costs. 21. NOTICES 21.1 All notices given or required under this ' contract shall be deemed sufficient if . sent by. certified mail, return receipt requested, to the addresses of the consultant and to the SMCRA specified in this contract, unless either.party shall specify to the other party a'different address for the giving of the notices. 22. CONTRACTING OFFICER REPRESENTATION 22.1 For the purposes of this contract, the contracting officers are as follows: To the SMCRA: Joseph Gibson, Executive Director City of South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami; Florida 33143 To Consultant: Bobbie Mumford, President B. Mumford & Company 10305 N.E. 2nd Avenue Miami, Florida 33138 Page 10 of 13 23. EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS - 23.1 The SMCRA, or any of their duly authorized representatives, shall, until 3 years after final payment under this contract, have access to and the right to examine any of the consultant's books, ledgers, documents, papers, or other records involving transactions related to this contract . for the purpose of making audit, examination, excerpts, and transcriptions. 23.2 . The consultant agrees to include in first -tier subcontracts under this contract a clause substantially the same as subparagraph 24.1 above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. 23.3 The right to, access and examination of records in subparagraph 24.1 shall continue until disposition of any mediation, claims, litigation or appeals. 24. OWNERSHIP OF DOCUMENTS 24.1 All documents; reports, plans, specifications or other records, including electronic records, resulting from the professional services rendered by the consultant under this contract shall be deemed the property of the SMCRA and -the SMCRA shall have all rights incident to this ownership. The consultant acknowledges that all documents prepared -under this :contract shall be public records, and shall be subject to public inspection and copying, as provided ' by Florida Statutes chapter 119. Upon conclusion of this contract and any extensions, all documents shall be delivered by the consultant to the SMCRA. The consultant shall have the right to retain copies of the documents at the consultant's expense.' 25. SEVERABILITY 25.1 Should any paragraph or any part of any paragraph of this contract be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render. void, invalid or unenforceable any other ' section or part of any section of this contract. 26. 'RIGHT TO AUDIT 26.1 The SMCRA reserves 'the right to audit records of the consultant pertaining to this contract anytime during the term and for a period of three years after final payment is made under this contract. Page 11 of 13 i 27.' ENTIRE CONTRACT 27.1 The contract, when signed by all of the parties, constitutes the full and complete understanding and contract of all parties and may not be in any manner interpreted or fulfilled in contradiction of its. express terms. This contract and the incorporated attachments constitute the entire understanding between the parties and integrates by its terms all previous contracts or understandings, oral or written, between the parties. In the event of any conflict; the terms of this contract will govern over the provisions of any incorporated documents. 28. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY 28.1 Consultant warrants -that neither it, - nor any principal, employee, agent, representative or family member has promised to pay, and consultant has not,, and will not pay a fee the amount of which is contingent upon the SMCRA awarding this contract to consultant. 28.2 Consultant warrants that neither it nor any principal, employee, agent, representative or family member has procured, or attempted to procure, this contract in violation of any of the provisions of the Miami -Dade County or the SMCRA of Palmetto Bay conflict of interest and code of ethics ordinances. ._,._._ 28.3 A violation of this paragraph will result in the termination of the contract and forfeiture of funds paid, or to be paid, to the consultant. 29. WARRANTY OF AUTHORITY 29.1 The signatories to this contract warrant that they are duly authorized by action of their respective SMCRA commission, board of directors or other authority to execute this contract and to bind the parties to the promises, terms, conditions and warranties contained in this contract. IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized officers, have executed this contract as of the date first above written. i City of South Miami Community B. ' Mumford & Company j Redevelopment-'Agency By: By: Joseph Gibson, Bobbie Mumford, Director President ATTEST: City of South Miami City Clerk By: Maria Menendez, City Clerk Approved as to form: By: Eve A. Boutsis, General Counsel City of South Miami Community Redevelopment Agency Page 13 of 13 i RESOLUTION NO. CRA 23 -02 -111 A RESOLUTION OF THE- SOUTH ML4dVH COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) APPROVING` A EXTENSION OF AN EXISTING AGREEMENT BETWEEN THE SMCRA AND B MUMFORD . & COMPANY FOR MARKETING AND PUBLIC RELATIONS SERVICES FOR A PERIOD ENDING SEPTEMBER 31; 2003, AND PROVIDING FOR AN :EFFECTIVE DATE. WHEREAS, the SMCRA desires to retain the services of a Marketing and Public Relations firm to develop- various promotional and other collateral material to: create a recognizable and unique positive identity for the Agency; promote Agency activities and to effectively reach the residents,'business and development communities; and WHEREAS, the' SMCRA after having gone through a selection process retained and entered into an Agreement with B Mumford & Company through Resolution No. CRA 10- 01 -59; and the Agreement Expired on April 30, 2002; and WHEREAS; B Mumford & Company has done an effective and excellent job to promote the interest of this Agency; NOW, THEREFORE, BE IT. RESOLVED BY THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY BOARD THAT: Section 1: The existing Agreement between the SMCRA and B Mumford & Company be extended for a period ending September 31, 2003. Section 2: This resolution shall be effective upon approval. PASSED AND ADOPTED 9 day &Cunlx� 2002. this of ATTEST: APPROVED: ----� 16-r-\ L�- stl,P�L� C G SECRETARY CHAIRPERSO Board V - 6 0 READ AND APPROVED AS TO FORM: Chairperson Feliu: Yea Vice Chairperson Russell: Yea Board Member Bethel: Yea • Board Member Wiscombe: Yea GE&tRAL OUNSEL Board Member McCrea: Yea Board Member Levy Kelly: Yea Board Member Brits - Cooper: not present 1 t 1 ♦ I I t t .I INTER-OFFICE , , • / To: Honorable Chair Date: December 6, 2002 and SMCRA Board Members From: Subrata Basu, ICP Subject: Agenda Item # Director CRA Board meeting December 9, 2002 Extension of an Agreement with B Mumford & Company REQUEST A RESOLUTION OF THE:SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) APPROVING A EXTENSION OF AN EXISTING AGREEMENT .BETWEEN THE SMCRA AND B MUMFORD . & COMPANY FOR MARKETING AND PUBLIC RELATIONS SERVICES FOR A PERIOD ENDING SEPTEMBER 319 2003, AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS For the coming year the primary effort will be focused on a) quarterly newsletter to keep the community informed of SMCRA activities, b) development of collateral material to document demographics, development potentials, and other relevant information, c) to facilitate an effective community inputprocess. Please see the attached Letter of Understanding from Bobbie Mumford dated November 12, 2002. B Mumford & Company has worked very diligently with the' SMCRA staff and been effective in getting our message out. RECOMMENDATION Your approval of the extension of the Agreement is recommended. Attachments: Proposed Resolution Letter of Understanding for the next years level of effort Current agreement Existing Purchase Order and amount paid to date Performance report Basu, Subrata From: Bobbie Mumford [mum @bellsouth.net] Sent: Tuesday, November 12, 2002 5:09 PM To: sbasu @cityofsouthmiami.net - Subject: CRA- Marketing /LETTER OF UNDERSTANDING.11.02 LETTER OF UNDERSTANDING November 8, 2002 Mr. Subrata Basu Assistant City Manager/Executive Director South Miami'Community Redevelopment Agency 6130 Sunset Drive South Miami, Florida 33143 Dear Mr. Basu: B Mumford is very pleased to continue its public relations and marketing services for the South Miami Community Redevelopment Agency (SMCRA), under your direction and leadership. We appreciate this opportunity. ity. This Letter of Understanding briefly summarizes our discussion of tasks to be performed by our firm for the SMCRA. These tasks shall specifically include, but not be limited to: L SIVICRA Newsletter to Residents, Churches, Organizations and Business Community (Quarterly or bi- monthly publication) Continuing with November - December, 2002/Fall edition 2.. SMCRA Presentation- Information Package (Kit) for „Developers and Property Owners, including interchangeable data: Fact Sheet Demographics Maps of area Models of CRA area Project information Other relative information 3. Marketing of the Industrial. Park Area and Economic Development Opportunities and Successes 4. Special Events (assistance only) 5:' Media Relations and General News Releases Of course, our meeting involved much more details on approach and follow through which we will work to achieve. Again, we are prepared to move forward with your vision, and the policies set forth by the SMCRA Advisory Board and Board of Directors. Sincerely, Bobbie Mumford, President 1 AGREEMENT FOR N 41ZKETING AND PUBLIC RELATION SERVICES This Agreement is entered into this day of 2001, between the CITY OF SOUTH 1M� 4W COMMFINITY RED LOPMENT AGENCY ( SMCRA) and B MWFORD & COMPANY, a Florida Corporation and Public Relations Firm (the CONSULTANT). WITNESSETH 1. Term. The term of this Agreement shall be for one (1) year, commencing on the date above written and ending one (1) year thereafter (the Expiration Date). 2. Subiect Matter. This Agreement sets forth the terms and conditions pursuant to which the SMCRA may request, and the CONSULTANT shall provide, the Services, as defined below, for one or more Projects. While specific Projects are designated under this Agreement, the.Projects and the specific details of the Services required to be performed by the CONSULTANT shall be further described in Work Orders to be issued by the SMCRA in accordance with this Agreement. 3. Definitions. _ A. "Project" means various redevelopment project initiatives as determined by the SMCRA within the City of South Miami Community Redevelopment Area. B. for the Project. C. this Agreement. D. 4. Seri A. "Work" means Services to be rendered or provided by the CONSULTANT "Services" means'the Services to be performed by the CONSULTANT under "Project Manager" means the Director or a designee. ices. General i. At the SMCRA's request, made in accordance with Sub - Section B below, the CONSULTANT shall perform the Work. The Services may include but not be limited to the services outlined in this section and services that may be required in connection with a Project. The Work shall be performed with all applicable dispatch, in a sound, economical, efficient and professional manner and within the time and the manner required in the Work Order. ii. The CONSULTANT shall perform the Work under the direction of, and in close coordination with,'the Project Manager. The CONSULTANT shall provide all professional services comprising the Work and shall be fully responsible for all professional and technical aspects. The SMCRA's review and approval of the work will relate only to overall compliance with the general requirements of the Project and whenever the term "approval by the SMCRA" is used in this Agreement, the phraseology shall in noway relieve the CONSULTANT from any duties or responsibilities under the terms of this Agreement or from using the best professional practices. iii.The CONSULTANT shall, in the performance of the Work, comply with all Federal, State and Local codes, ordinances and regulations, pertaining to the Project, including, without limiting the generality of the foregoing, the Federal Wage- Hour- Law, 'the Walsh -Healy Act, The Occupational Safety and Health Act, the National Environmental Policy Act and Equal Employment Opportunity Legislation. iv. Ia the performance of the Work, the CONSULTANT agrees to: a. Complete the Work within the time allowed by maintaining an adequate staffff of qualified employees at' all times. . b. Be fully responsible for the professional services required to be rendered in the performance of the Work. C. Cooperate fully with the SMCRA in order that all phases of the Work may be properly scheduled, coordinated, and executed. d. Report the status of the Project to the Project Manager and/or §MCRA upon request or, as required by this - Agreement, and maintain all notes, calculations, and related work to be open to inspection by the SMCRA, at all times and as required by law. z e. Promptly deliver to the Project Manager copies of minutes of all relevant meetings relating to the Project at which the CONSULTANT is present. f. Be available for general consultation and advice at all times during the term of the Project. B. Requests For Services. i. Except in emergency situations, all requests for Services shall be made by a written Request For Services (RFS) issued by the Project Manager. In case of emergency, the SMCRA mayissue a verbal RFS to be followed. by a written RFS (or, after approval,•by a Work Order) and a Notice to Proceed, as soon as practicable. The RFS shall describe the Project and each section of the Work to be performed by the CONSULTANT and the time schedule in which the Work must be completed. ff. Upon receipt of the RFS, the CONSULTANT shall make arrangements to meet with and/or be in direct contact with the Project Manager and/or a meeting shall be held within ten (10) days following receipt of the RFS, to discuss the schedule, the scope of the Work, and budget and compensation issues. iii. Subsequent to the meeting, the CONSULTANT shall submit to the SMCRA a proposal at no cost to the SMCRA. If the SMCRA and CONSULTANT agree on the schedule and time for completion of the ,Work, and budget and amount of compensation, then the Project Manager shall issue a Work Order and Notice to Proceed. iv. The Services to be rendered by the CONSULTANT for the Project shall commence within twenty -four (24) hours upon receipt of the Notice to Proceed and shall be completed within the time agreed upon as shown in the Work Order. When a Project has a deadline date and time is of the essence, the SMCRA shall advise the CONSULTANT of the completion time and the completion.time shall be agreed upon. A reasonable extension of the work time will be granted in the event there is a delay on the part of the SMCRA in fulfilling part of the Agreement as required or because of weather, civil disturbance, or other reasons beyond the control of the CONSULTANT. v. The CONSULTANT understands and agrees that failure to comply with the foregoing provisions within the time required may result in the Project being awarded to another firm. 5. SMCRA Services and Responsibilities. The SMCRA agrees to make available to the CONSULTANT any and all information and data in the SMCRA's possession pertaining to the Work to be performed for the Project. 6. Scope of Work The CONSULTANT will be required to provide marketing and public relation services. These services may include, but may not be, limited to information dissemination and recognition affecting public opinion; providing information to key policy makers and community leaders in the area including associations, agencies and organizations, churches, neighborhood groups, crime watch organizations and businesses; multi-media presentations and visual aids; public meetings and hearings;. community workshops and public participation activities; newsletters, news releases, media/press conferences, 'public affairs and public service announcements; special events covering grand openings and dedication ceremonies; promotions and general publicity of community activities and events; . special initiatives promoting and marketing SMCRA endeavors and program functions, and any other miscellaneous tasks as may be required. 7. Compensation. Compensation shall be based on a "Fixed Fee" or a "Not to . Exceed Fee," as described in attachment "1," based on the nature and scope of the Work . The method of compensation shall be agreed upon prior to issuance of the Work order. Notwithstanding anything to the contrary, the SMCRA and the CONSULTANT agree that the total compensation permitted for all work under this Agreement shall not exceed the sum of $50,000.00. A. Fixed Fee: The fee for a task or a scope of work based on a fixed fee shall be mutually agreed upon by the SMCRA and CONSULTANT. & Not to Exceed Fee: If a "Not to Exceed" fixed fee is mutually agreed upon, the amount of compensation shall be based on an hourly rate fee. The hourly rate fee shall be computed based on the hours worked by the CONSULTANT. The Hourly Rate for this category, as shown below, includes all equipment, supplies, materials, tools labor, wages, taxes, insurance, benefits, overhead and profit and shall be applicable to any necessary overtime work. Cateszory Hourly Rate Public Relations Coordinator /Assistant Coordinator $125.00., Information/Community Outreach Specialists $100.00 Graphics Designer $ 90.00 4 8. Payments of Compensation. Compensation shall.be.paid monthly in accordance with invoices detailing the fees and expenses, for Work performed during the immediate preceding calendar month. Payment shall be made within thirty (30) days following Project Manager's receipt of the invoices, (in triplicate). The invoices shall include the following information: A. Total contract amount. B. Percent of Work complete to date. C. Total amount paid to date. D. Amount previously billed. E. Amount of invoice. F. Summary of Work done during the billing period. G: Invoice number and date. 9. Schedule of Work. The SMCRA shall have the right to determine which Project shall be assigned'to the CONSULTANT and the schedule of Work and time for performance.' 10. Extra Work Expenses. ` If the CONSULTANT has incurred extra work or expense due to changes ordered by SMCRA after any portion of the Work is approved by the SMCRA, then the payment for such extra work shall be the subject of a Change Order, and shall be approved, in writing, by the SMCRA if, in the SMCRA's reasonable opinion, such Change Order is warranted. If the CONSULTANT caused extra work or expense due to changes ordered after any portion of the Work is approved by the SMCRA, such extra. Work shall be the subject of an additional work order and the cost of the extra work shall be sole responsibility of the CONSULTANT. 11. Subconsultants. The CONSULTANT shall be responsible for all the work of its organization, employees, and any Subconsultants. Nothing contained in this Agreement shall create any contractual relationship between any of the Subconsultants working for the CONSULTANT and the SMCRA. The CONSULTANT agrees and understands that• it is in no way relieved of any responsibility under the terms of this Agreement by virtue of any other professional who may associate with it in performing the Work. 12. Conflict of Interest. A. The CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interest, direct or indirect, with the SMCRA. The CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interests, shall be employed. Any such interests on the part of the CONSULTANT or its employees, must be 5 disclosed in writing to SMCRA. B. The CONSULTANT is aware of the conflict of interest Iaws of the City of South Miami, Miami -Dade County, Florida (Miami- Dade County Code Section 2 -11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of all laws. 13. Ownership of Documents. All reports, media, general information and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property, of the SMCRA without restriction or limitation upon use and shall be made available by the - CONSULTANT at any time upon request of the SMCRA. When any work contemplated under this Agreement is completed or for any reason terminated prior to completion, all of the above data shall be delivered to the Project Manager. 14. Termination and Suspension of Agreement. A. The PARTIES retain the right to terminate this Agreement for any reason, without cause, upon three (3) days written notice at any time prior to the end of the Term without penalty to the SMCRA. -In such event, the terminating PARTY shall give written notice of termination to the other PARTY and the CONSULTANT shall be paid for services rendered up to the date of the notice. B. In the event of termination, all information and other documents developed by the CONSULTANT under this Agreement shall become the property of the SMCRA. C. It is further understood by and between the parties that any information or any other matter which is given by the SMCRA to the CONSULTANT pursuant to this Agreement shall at all times remain the property of the SMCRA and shall not be used by the CONSULTANT for any other purposes without the written consent of the SMCRA. 15. Award of Agreement. The CONSULTANT warrants that it has not employed or retained any company or person to solicit or secure this Agreement, that it has not paid or agreed . to pay any company or person anyfee, commission, percentage, brokerage fee, or gifts or any other consideration contingent upon or resulting from the award ormaking of this Agreement. The CONSULTANT also warrants that to the best of its knowledge and belief no Commissioner, Mayor or other. officer or employee of the SMCRA is interested directly or indirectly in the profits or emoluments of this Agreement or the Work. 6 16. Entire Agreement. This Agreement represents the entire and integrated agreement between the SMCRA and CONSULTANT supersedes all prior negotiations, representations or Agreements, either written or oral. This Agreement may be amended only by written instrument executed by the SMCRA and CONSULTANT.' 17. Successors and Assigns /Assignment. This Agreement shall be binding upon the parties and their respective heirs, executors and legal representatives. In no event may this Agreement be assigned, in whole or in part, by either party. 19. Right to Audit. The SMCRA reserves the right to audit records of the CONSULTANT pertaining to this Agreement anytime during the term and for a.period of three (3) years after final payment is made under this Agreement. ' 19. Insurance. The CONSULTANT shall maintain during the terms of this Agreement the following insurance: A. Comprehensive General Liability Insurance in amounts not less than $1,000,000:00 Combined Single Unit for bodily injury and property damage liability and all insurance shall include contractual liability coverage. B. Workers' Compensation Insurance in the statutory amounts. C. Automobile Liability Insurance covering all owned, non - owned, and hired _:..� :vehicles used by the CONSULTANT. Coverage shall be written with at least statutory amounts for Bodily Injury and Property Damage. D. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida with a Best Rating of B+ or better. E. The CONSULTANT shall furnish certificates of insurance to the SMCRA prior to the commencement of any Work, which shall clearly indicate that the CONSULTANT has obtained insurance in the type, amount and classification as required for strict compliance with this Section and that no material change or cancellation of the'insurance shall be effective without the thirty (30)' days written notice of the SMCRA. F. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Section or under any portion of this Agreement 20. Right of Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the Project Manager who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the Services and the character, quality, amount, and value, and the Project Manager's decisions upon all claims, questions of fact, and disputes shall be final, conclusive and binding, upon the parties. 21. Non- Discrimination. The CONSULTANT shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, age, national origin, handicap or marital status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or, recruitment advertising; .layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous -places, available to employees and applicants for employment, notices setting forth the provisions of this Equal Opportunity Clause. 22. Construction of Agreement. The parties agree that this Agreement shall be construed and enforced according to the laws, statutes and case law of the State of Florida, and venue for any action shall be in Miami -Dade County, Florida. . 23. Independent Contractor. The CONSULTANT, its employees and agents shall be deemed to be Independent Contractors and not agents or employees of the SMCRA, and shall . not attain any rights or benefits under the Civil Service or Pension Ordinance of the City of South Miami, or any right generally afforded classified or unclassified employees. Further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the SMCRA.. 24. Default Provision. In addition to the SMCRA's right to terminate for any reason, without cause, upon, three (3) days' written notice as addressed above, in the event that the CONSULTANT shall fail to comply with each and every term and condition. of this Agreement or fails to perform any of the terms and conditions, then the SMCRA, in addition to all other. remedies available by law, . at its sole option, upon written notice to the CONSULTANT, may cancel and terminate this Agreement, and all payments, advances or other compensation paid to the CONSULTANT by the SMCRA while the CONSULTANT was in default of the provisions. shall be returned to the SMCRA. 25. Contingency Clause. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and this Agreement is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or. change in regulations. 26. Indemnification. The.CONSULTANT covenants and agrees that it will defend, indemnify and hold'harmless the SMCRA, its officers, agents and employees from any and all' g claims, . losses, damages, costs, charges or expenses arising out of or in connection with the negligent acts, actions, :or omissions of the CONSULTANT ' or any of its officers, agents, employees,, whether direct or indirect, provided, however, that the CONSULTANT shall not be liable under this Section for damages or injury arising out of or directly caused by or resulting from the sole negligence of the SMCRA or any of its agents,. officers or employees. The indemnity provided is ' not limited by reason of any particular insurance coverage in this Agreement. 27. Notice. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered to the addresses listed below: -- To the CONSULTANT: B Mumford & Company 10305 N.E. 2"d Avenue Miami, Florida 3313 8 Attn: Bobbie Mumford To the SMCRA: Greg Oravec Director SMCRA 6130 Sunset Drive South Miami, Florida 33143 28. Limitation of Liability. The SMCRA desires to enter into this Agreement only if in so doing the SMCRA can place a limit on the SMCRA's liability for any cause of action arising out of the Agreement, so that its liability will never exceed the agreed sum of $10,000. The CONSULTANT expresses its willingness to enter into this Agreement with the CONSULTANT's recovery from the SMCRA for any action or claim arising from this Agreement to be limited to $10,000. Payments under the Agreement shall be set -offs against any award of damages against the SMCRA. Accordingly, and notwithstanding any other term or condition of this Agreement, the CONSULTANT agrees that the SMCRA shall not be liable to the CONSULTANT for damages. in an amount in excess of $10,000, for any action or claim of the CONSULTANT or any third party arising out of this Agreement; Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the SMCRA's liability as set forth in Chapter 768, Florida Statutes. Additionally, the SMCRA does not waive sovereign immunity, and no claim or award against. the SMCRA shall include attorney's fees, investigative costs or pre judgment interest. 29. Miscellaneous Provisions.., A. Title and paragraph headings are for convenient reference and 'are not a part 9 of this Agreement. B. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall govern. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of South Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in orde.T to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties have, through their proper corporate officials, executed this Agreement, the day and year first above set forth. ATTEST: CITY OF SOUTH MIAMI C0NUvf JNlTY REDEVELOPMENT AGENCY. G% BY: Name: Se -z Title: B MUNIFORD & COMP Corporation L Y Florida elm m ©m a r r C. r►•► r 6. Estimated project based fee. $50,000 Based on six major initiatives which include: I. Logo creation $4,000 H. Initiation and Development of Ad Campaign $12,000 III. Creation and Production of Collateral Materials $15,000 IV Identification and Targeting of Distict Audiences $4,000 V. Special Event Development and Coordination (quarterly) $3,000 VI. Overall Marketing / Public Relations / Administration / Program Evaluations $3,000 TOTAL $50,000 This cost estimate includes all expenses, including travel, postage; telephone, materials, etc. ordinarily associated with project administration. mm mom APStkA.LuwR.- Task/Deliverables Professional Services Provided Estimated Cost I. Logo Creation • Creative concepting /direction $4,000 A. Study & concepts •. Creative review /selection . B. Graphic design & colors • Illustrations, layout & design C. Adaptation of design for • Copywriting letterhead stationery, • Typography envelopes, business cards • Art direction and shells" • Printing (coordination) Presentation folders for • Account management collateral material D. Tag line . (slogan) development II. Initiate and Development of • Account strategy services/ $12,000 Ad Campaign account management A. Copy concepts • Creative concepts B. Design concepts • Copywriting C. Themes • Typoggrraaphy D.. Messages • Broadest production E. Target Audience • Print production E Media assessment and • Media planning identification of targeted Media buying outlets • Video presentations G. Ad creation and design • Website creation- and/or updates H. Media placement relating • Printing (coordination) to all SMCRA programs I. Identify and implement multi -media progratn for radio, television, internet, etc. III. Circulation and production of collateral materials • Typography $15,000 • Graphic designs andlayouts A. Monthly newsletter . • Photography B. 6 SMCRA brochures on • Copywriting SMCRA general informa- family infll • Research 2nd development •Community tion, single outreach program, homeowner • Account management assistance program, single • Printing (coordination) family rehabilhtation • Mailings /mail preparation program, code violation assistance program and multi- family rehabilitation program C. Other materials'as needed V. Special event development • Marketing $12,000 and coordination (quarterly) • Public relations A. Ceremonies ID® CiyDp� •• Y C• Y B. Recognitions and • Special events planning and 14■ ,. Task/Deliverables Professional Services Provided Estimated Cost N. Identification and targeting • Communiry outreach $4,000 of distinct audiences • Marketing A• Creation of mailing lists • Public relations outreach F. Public affairs to include civic/ • Business outreach community leaders, • Writing features and news VL Overall marketing /public neighborhood associations, releases • Creative services business Ieaders and • Media advisories A. Identify and recommend associations, homeowners, • Account management services development, churches • Media services B. Evaluate services of B. I'dentification bE program at six months • Marketing and business outreach community and • Evaluation services C. Provide recommendations _ neighborhood based to refine program based groups year evaluations C. Community outreach . D. Attend'and participate in initiatives Board, City Commission V. Special event development • Marketing $12,000 and coordination (quarterly) • Public relations A. Ceremonies • Copywriting B. Recognitions and • Special events planning and existing events coordination C. Community activities for • Promotion services residents and business D. Media relations l media contacts E. Publicity F. Public affairs G. Communityry outreach H. InvitationslPrograms VL Overall marketing /public • Account services $3,000 relations administration/ • Creative services evaluations • Production services A. Identify and recommend • Public relations /promotion all strategies, documents services and collateral materials • Media services B. Evaluate services of • Community outreach program at six months • Marketing and business outreach and one year intervals • Evaluation services C. Provide recommendations to refine program based upon six months and one year evaluations D. Attend'and participate in CRA Board, CRA Advisory Board, City Commission and other public meetings as needed' TOTAL $50,000 RESOLUTION NO. CRA 10 -01 -59 A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY ( SMCRA) AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AGREEMENT BETWEEN THE AGENCY AND B. MUMFORD & COMPANY FOR MARKETING AND PUBLIC RELATIONS SERVICES. WHEREAS, the South Miami. Community Redevelopment Agency ( SMCRA) desires to retain the services of a Marketing and Public Relations Firm to provide for strategies, documents and collateral materials which will create a recognizable and unique positive identity for the SMCRA; promote the activities, programs and opportunities provided by and in the SMCRA; and effectively reach the SMCRA's distinct audiences, residents and business community; and WHEREAS, the SMCRA issued an RFP &Q in order to assess the ability of interested firms in providing the desired services; and WHEREAS, on March 5, 2001, the Chairperson and Members I of the SMCRA Board recognized the findings of the RFP &Q Selection Committee, identifyina -B. Mumford & Company as the firm best suited to provide the desired services. NOW, THEREFORE, BE IT RESOLVED BY. CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY:. - Section 1. That the Agreement for Marketing and Public Relations Services in substantially the form attached as Exhibit, "I, "is approved. Section 2' . That the Executive Director and General Counsel are authorized to execute all necessary documents. Section 3. That the resolution shall take effect immediately upon approval. PASSED and ADOPTED by a 7 -0 vote of the Board of Commissioners this 23rd day of April 2001. ATTEST: SECRETARY APPROVED AS TO FORM: GENERAL COUN�EL '0�� A A CHAIRPERSON BOARD VOTE: Chair Robaina: Vice Chair Feliu: Member Bowman: Member Bethel: Member Russell: Member Plummer: Member Wiscombe: 7 -n Yea 'Yea Yea Yea Yea Yea Yea PURCHASE ORDER PAGE: 1 P.O.W.: 0U4618 THE CITY OF SOUTH MIAMI, FLORIDA DATE: FINANCE DEPARTZv= 07/10)C x DIVISION OF PURCHASING SOUTH MIA 4 FL 33143 PHONE 305.663 -6339 FAX 305- b67.7806 TO: B. MUMFOPD COMPANY SHIPTO: CITY OF. SOUTH MIAMI 10305 N.E.2ND AVE. 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M � +,tti _ ^.iYM4Y.tl: •e 4•!�'H` �:itw7!',( ,C�,`,�iL?+INi�J. �r.'NtYrJ<n••,•'�'�•4 ?i:��' i•'.w t! h^I �4: S, tiq' �t: n, lh�11 ..p�CMy.YJ'i5W1f,14K'/n`CN !jn :�h4' f�F:.IMHM.k}rnJ.��r. W,�j ,.. 11_�I �i - { " YkTl'rr�sSf n" �IV!!i ?J �`VE..iin C �"Gf � lJ:,y7.::4,..',. 4 l'r••H4 l7 l . Q'•i, : <' .t'!4 C e. On{ IyV�T, R.,wAas 7hreF� (y„y�"(.3.4�v , . J i „4 1 .,•r.a• rc . ` iefCs ,<v �µ.. . .k, ^'7, H «I1.nC.,.CwOk t7X.,L11 �b N .4r4dn7rAi I'+ `V�'.kaf u� d ' ' .p.i � y:;;U .-' % '4 ti ; i�•: �^ u\'t+t`a?a•R''•,.y0rt •S W:1MEfmE:W;;Twi!s =h a, n!i'vr W I. • ' r F�., i Cp"n�jChAfiGY.1' N t�614 .. � r" 'X Mu-8`I't• t-A,- l "v'� iJ�,a!W Fua1 « E.lQ w..C,y:Devyr{n�Tvt�u!E•Y•. iy b10- 1110- 574.33 -2 4569 06/27/01 • 50000.00 EA OPEN PURCHASE ORDERS CRA 17.0000 50000.00 OPEN PO FOR MARKETING c. PUBLIC RELATIONS ' SERVICES . CflN5ULTANT AS PER RESOLUTION NO. CRA 10• -01 -5 OTAL 0000.00 ECEIVE , JUL 18 2001 CENTRAL SERVIU CHECK APPROVED BY J FINANCE DIRECTOR CITY MANAGER P.O. APPROVAL AAj,• FIN Nr:F r1F Purchase 'Order #4618 issued to Mumford and Company for $50, 000 Amount paid to date $32,418.74 Remaining Balance as of December 2002 $17,581.26 • • • 611111149W OW a • •' 01 To: Subrata Basu, Assistant City Manager/ Director South Miami Community Redevelopment Agency (SMCRA) From: Bobbie Mumford, Marketi t ` B Mumford & Companv Re: Public Relations and Marketing Services Pursuant to the contractual agreement between the South Miami Community Redevelopment Agency and B Mumford & Company, below represents a summary of deliverables and tasks performed: 1. Logo Creation and Ad Campaign A. SMCRA Logo Developed creative concepts and design Provided color selections in sac different colors Provided illustrations and layout Adapted design for letterhead stationery, envelopes And business cards B. Tagline Development "Making Our Neighborhood 'a Great Place to Live, Work and Play" C. Stationery Package Coordinated, printing in full -color and grey /black D. Shuttle Bus Secured logos from South Miami departments Inspected shuttle buses for possible design placements Created "South Miami Magic Shuttle Bus" designs Submitted design with 7 different applications on various sections Recommended shuttle names 11. Identification and Targeting of Distinct Audiences Researched and developed listing of some 26 different audiences Ranging from elected officials and chamber of commerce local members To churches and community organizations And established a thorough database of some 2,300 names available on Disk and hard copy 111. Advertising and Publicity Campaign A. Delivered logo design to City's Cable TV 5 Station for SMCRA' Usage and identification B. Established format for routinely presenting /updating SMCRA information For City's Website 10305 N.E. 2nd Ave., Miami, FL 33138 • Ph 305 - 758 -4166 / Fdx 305 - 7544031 • e -mail. mum@a b.11soutb.n E /websit= bmumfordco com B Mumford & Company C. Clean, Safe & Green Flyer Developed and designed for distribution to SMCRA residents Provided information for website D. Back to School Supplies Event Flyer Developed and designed for distribution to area children The Miami Herald covered even and published news article with photo (8 /26/01) E. Miami Today newspaper article published on Housing Conference (1014101) F. Various Neighbors and The Miami Times news articles IV. Creation and Production of Collateral Materials A. General Information Brochure Copywriting, design and production Including all.direct costs for photography, Photo processing and graphics design and production B. Presentation Folder Presented draft, adaptation of brochure cover design C. Lee Park Condo Wall Plaque Developed text and basic layout Discussed and reviewed with Condo Director Agreed on wall locations) Secured three production cost quotes Coordinated with SMCRA staff Revised text several times, per board changes D. SMCRA Newsletter Winter edition Developed, wrote, edited, graphics design and production, Photography for initial SMCRA newsletter (12/01) Including all direct costs for graphics design and production, Photography and photo processing E. SMCRA Newsletter- Summer edition Initiated 8 -p6ge newsletter first draft in June Wrote news articles and produced newsletterfor. Distribution of 4,000 in August Including all direct costs for photography, photo Processing and graphics production F. Cover letter for mailing of brochure to public officials/leaders And mail merge of names V. Special Events /Publicity Campaign A. Marshall Williamson Park New Tennis Courts Coordinated details for opening of new tennis courts Solicited involvement of community and tennis students Handled publicity B Mumford & Company B. Back-To-School Giveaway Created First Annual Back-To School Supplies Giveaway (8/25/01) Solicited all supplies from corporate and neighboring stores Supplies provided to 100 youth Reviewed opportunity for event with Parks Department for 2002 (the event which was tabled) Forwarded previous event ,information to Parks C. Housing Town Hall Meeting (6/9101) Participated in D. Multi- Family. Housing Conference (8125/01) Assisted with event coordination E. Traffic Calming on Church Street Prepared flyer for distribution to residents and participated in event News release to media F. Youth Center at Murray Park Groundbreaking Prepared printed program, news release and publicity G. Tree Planting Ceremony Assisted with program development, handled news release and publicity Covered by TV 7 and Community Newspapers H. Police Workstation Grand Opening Coordinated event including program, news release and publicity Prepared flyer for distribution to residents Designed, developed and handled production of Site Sign VI. , Overall Public Relations /Administration A. The Beacon Council Initiated discussions with industry representative For SMCRA opportunities; B. Board and staff meeting attendance and participation .. i Reimbursements to B Mumford & Company (not included in fee renumerations) VII. Reimbursements World Printing for SMCRA Printing Preparatory Work $ 213.00 Fedex Airbili to Florida Municipal Insurance Trust 18.81 Flyers for Youth Center and Street Calming Events 51.12 Programs for Youth Center 361.04 World Printing 1,039.44 Fast Signs 498.77 TOTAL $2,182.18 NOTE: These reimbursements do not include directs costs absorbed by B Mumford & Company, including printing of entire stationery package and business carrds for SMCRA director, duplication, some printing costs, etc. Flea Eou r l RESOLUTION NO. 2 3 A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT 4 AGENCY ( SMCRA) APPROVING AN AGREEMENT BETWEEN THE SMCRA AND B. 5 MUMFORD & COMPANY FOR MARKETING AND PUBLIC RELATIONS SERVICES 6 FOR A PERIOD ENDING SEPTEMBER 30, 2004, AND PROVIDING FOR AN 7 EFFECTIVE DATE. 8 9 WHEREAS, the SMCRA desires to retain the services of a Marketing and Public 10 Relations firm to, develop various promotional and other collateral material to create a 11 recognizable and unique positive identity for the Agency; promote Agency activities and to 12 effectively reach the residents, business and development communities; and 13 14 WHEREAS, the SMCRA after having gone through a selection process, retained and 15 entered -into an Agreement with B. Mumford & Company through Resolution No.'CRA 10- 01 -59; 16 and 17 18 WHEREAS, by Resolution No. CRA 23 -02 -111, adopted by the SMCRA Board on 19 December 9, 2002, the Board extended the contract until September 30, 2003; and 20 21 WHEREAS, B. Mumford & Company has done an effective and excellent job to promote 22 the interests of this agency; and 23 24 WHEREAS, both the SMCRA and the consultant desire to enter into a. new agreement 25 extending the consultant's services until September 30, 2004. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH MIAMI COMMUNITY 28 REDEVELOPMENT AGENCY: 29 30 Section 1. The Agreement attached as exhibit 1 to this resolution between the 31 SMCRA and B. Mumford & Company is hereby approved for the period ending September 30, 32 2004. 33 34 Section 2.: This resolution shall be effective upon approval. 35 36 37 PASSED AND ADOPTED this day of , 2004. 38 39 ATTEST: APPROVED: 40 41 42 SECRETARY CHAIRPERSON 43 44 Board Vote: 45 READ AND APPROVED AS TO FORM: Chairperson Russell: 46 Vice Chairperson Palmer: 47 Board Member Wiscombe: 48 Board Member Birts- Cooper: 49 Board Member Sherar: 50 GENERAL COUNSEL Board Member Kelly: 51 CONTRACT BETWEEN THE CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY AND B. MUMFORD & COMPANY This contract is made and entered into this day of January, 2004 between the City of South Miami Community Redevelopment Agency ( "SMCRA '), located at 6130 Sunset Drive, South Miami, Florida 33143 and B. Mumford & Company, a Florida corporation and Public Relations Firm, located at 10305 N.E. 2nd Avenue, Miami, Florida 33138 C'consultant"). WITNESSETH: WHEREAS, . SMCRA desires to engage and retain the publicity related services of the consultant to perform the work described in this contract and the consultant desires to accept the.engagement; and, WHEREAS, the SMCRA has an ongoing relationship, with consultant and desires to continue its relationship with consultant by executing this contract. NOW THEREFORE, in consideration of the sum of $10.00, - the mutual promises and covenants contained in this contract, and for other good and valuable consideration, the receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as follows. 1. WHEREAS CLAUSES 1.1. The'above whereas clauses are incorporated and made a part of this contract. 2. STATEMENT OF WORK 2.1 The statement of work for this project shall be as provided in r ' composite .appendix A, which is incorporated and made a part of this contract. 3.: COMMENCEMENT DATE AND TERM 3.1 The term shall commence upon the date ,of this contract and shall automatically renew for one additional year term. 3.2 Work shall commence upon the issuance of a written task order by the SMCRA. Work shall proceed in substantial compliance with the schedule of services contained in the statement of work. Acceptance of work by the SMCRA shall be' evidenced by a notice of completion' or by a notice of acceptance. 4.. PAYMENT 4.1 The SMCRA shall pay the consultant the contract amount(s) provided in the statement of work. The amount shall. be either a fixed price or shall be based on agreed charges for time and. materials for an amount not to exceed the stated fixed amount, The amount to be paid shall be stated in the task order authorizing the work. Consultant's hourly rate shall not exceed: Category Hourly Rate Public Relations Coordinator /Assistant Coordinator $125.00 Information/Community Outreach Specialists $100.00 Graphics Designer $ 90.00 4.2 If a "Not to Exceed" fixed fee is mutually agreed upon, the' amount of compensation. shall be based on an hourly rate fee. The hourly rate fee shall be computed based on the hours worked by the consultant. The hourly rate for this category, as shown above, includes all equipment, supplies, materials., tools labor, wages, taxes, insurance, benefits, overhead and profit and. shall be applicable to any necessary overtime work. 4.3 . The SMCRA shall not be liable to pay, and shall not pay, charges for extra work, delay charges, or additional work, unless the SMCRA's contract ' officer specifically authorizes the extra or additional work, in a written task order before the commencement of the work. 5. TRANSFER AND ASSIGNMENT 5.1 None of the work or services under this contract shall be subcontracted unless contractor obtains prior written consent from the SMCRA. Approved subcontractors shall be subject to each provision of this contract and consultant shall be responsible and indemnify the SMCRA for all subcontractors' acts, errors or omissions. 5.2 The consultant shall not assign, transfer or pledge, any interest in this contract without the prior written consent of the SMCRA; provided,, however, that claims for money by the, consultant from the SMCRA under this contract may be assigned, transferred or pledged to a bank, trust company, or other financial institution without the SMCRA's approval. Written notice of any Page 2 of 13 assignment, transfer or pledge of funds shall be furnished within 10 days by the consultant to the SMCRA: 6. MODIFICATIONS - CHANGE ORDERS 6.1 The SMCRA may, at any time, .by written change order make, changes to the scope of work, and to the means and methods of performing the work. The SMCRA may order temporary stoppage of the work. or delay in performance that does not alter the scope of work. Changes, including any increase or decrease in the amount of the consultant's compensation, shall be incorporated in written amendments to this contract. 6.2 If any change causes an increase or decrease in the price charged, the maximum amount of the � contract, or the time required for performance of any part of the work under this contract, or otherwise affects the conditions of this contract, the SMCRA shall make an equitable adjustment to the maximum amount, the price(s), the delivery schedule, or other affected terms, and shall modify the contract with a written change order. 7. TERMINATION FOR DEFAULT 7.1 ' Either party may terminate this contract prior to the expiration of the initial term or any subsequent 'renewal term on account of a material breach of this contract by the other party, which has not been cured within 10 days from the date of receipt of written notice. of breach from the party seeking termination. 7.2 Termination shall be effective as of the end of the notice period in the case of any uncured material breach. 7.3 Consultant may terminate this contract prior to the expiration of the initial term or any subsequent renewal term upon not less than 10 -days prior written notice to the SMCRA in the event that consultant is unable to complete the services identified in paragraph 2.1 due to causes beyond consultant's control. 7.4 The SMCRA . shall have no liability to the consultant for future profits or losses in the event of termination for default. 7.5 The rights and remedies of the SMCRA provided in ' this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. Page 3 of 13 7.6 Should consultant provide the SMCRA,with written notice of cancellation of contract, consultant will be required to refund a pro -rata share of the compensation identified in paragraph 4. 8. TERMINATION FOR DELAY 8.1 If the project is suspended or the consultant's services are delayed by the SMCRA for more than 30 consecutive days, the consultant may terminate this contract by giving not less than 10 days, written notice. 8.2 The liability of the SMCRA upon termination by the consultant for suspension or delay of the project shall be for. the value of services performed pursuant to the schedule contained in the statement of work rendered by consultant to the time of termination by consultant. The SMCRA shall not be liable for future profits or losses. 9. TERMINATION FOR CONVENIENCE 9.1 The SMCRA may terminate this contract for convenience at any time by giving 10 days notice in writing to the consultant. The consultant will be paid for the value of services performed pursuant to the schedule contained in the statement of work, up to and including the termination date. Consultant will be permitted to complete on -going investigations and shall be paid for all satisfactory work completed. The SMCRA shall not be liable for future profits or losses. 9.2 In the event that the SMCRA improperly terminates the contract for default under paragraph 7, the termination shall be deemed a termination for convenience under this paragraph. 10. TERMINATION FOR LACK OF, FUNDS 10.1 Not withstanding any other provisions of the contract, if the funds anticipated by the SMCRA for the for the payment of work under this contract are at any time not forthcoming, through the failure of the SMCRA to appropriate hinds, the failure of Miami -Dade County,, the Florida Legislature, or the U.S. Congress to appropriate funds, or the refusal of the administrative branch of the federal or county government to release funds, or due to any. other reason for the unavailability of funds in succeeding fiscal years, or the discontinuance or material alteration of the program under which funds are to be provided; the SMCRA shall have the right to terminate. the contract without penalty by giving not less than 10 'days written notice of the lack of available funding. Page ,4 of 13 7 10.2 In the event the SMCRA declines to appropriate funds for payment of the contract for future fiscal years, consultant. shall be',paid for work performed under the contract with funds that are appropriated, for the current fiscal year. The liability of the SMCRA to consultant shall be limited to the obligation to budget.and appropriate funds for work performed during the current fiscal year. 10.3. For any portion of the work that is funded'by county, state or federal appropriations or grants, the liability of the SMCRA to consultant shall be limited to payment for services when payment is received by the SMCRA from the county, state or federal authority. The SMCRA shall submit all required documents requesting payment within a reasonable time. The SMCRA, shall not be liable to consultant for work performed in the event that payment is not received by the SMCRA from a county, state or federal funding authority. This is a pay - when -paid clause. 11. NO DAMAGES FOR DELAY CLAUSE 11.1 No claim for damages or any claim other than for an extension of time shall be made or asserted against the SMCRA by reason of any delays. The consultant shall not be entitled to an increase in the contract sum or payment of compensation of any kind from the SMCRA for direct, indirect, consequential, impact, mobilization, demobilization, or other. costs, expenses or damages, including, but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever; provided, however, that this provision shall not preclude recovery or damages by the consultant for hindrances or delays due solely to fraud, bad faith or active interference on the part of the SMCRA or its agents. -Otherwise, the consultant shall be entitled only to extension of the contract time as the sole and exclusive remedy for a resulting delay, in accordance with and to the extent specifically provided above. 12. RIGHT TO WITHHOLD. 12.1 If work under this contract is not performed in accordance with the terms hereof, the SMCRA has the right to withhold any payment due to the consultant, of any sums as the SMCRA may deem sufficient to protect it against loss, or to ensure payment of claims, and, at its option, the SMCRA may apply the sums in the manner as the SMCRA may deem proper, to secure itself or to satisfy the claims. The I SMCRA' will provide consultant with 10 days prior written notice in the event that it elects to exercise its right to .withhold under, this paragraph. Page 5 of 13 13. INTEREST PAYMENTS DUE TO LATE PAYMENT 13.1 The SMCRA shall make ' payment to, consultant within 30 days of receipt of the original written invoice and sufficient backup documentation and acceptance of the work by the SMCRA. Interest shall accrue on unpaid invoices as provided by Section 218.74, Florida Statutes. 13.2 Consultant shall not be entitled to any carrying charges or finance fees due to late payment by the SMCRA. 14. LIENS 14.1 The consultant, r subcontractors, - suppliers and laborers are prohibited from placing a lien on SMCRA's property. 15. INDEPENDENT CONTRACTOR 15.1 The consultant is furnishing its services ' as an independent contractor and nothing in this contract shall create any association; partnership or Joint venture between the parties, or any employer- employee relationships. 16. INSURANCE AND INDEMNIFICATION 16.1 The SMCRA shall not be held liable or responsible for any claims which may result from acts, errors or omissions of the consultant or its subcontractors, suppliers or laborers. In reviewing, approving or. rejecting any submissions or acts of the consultant; the SMCRA in no way assumes responsibility or liability for the acts, errors or omissions of the consultant or subcontractors. 16.2 The consultant shall not commence work under this contract until it has obtained all insurance required by the SMCRA. The: consultant shall defend, indemnify and hold the: SMCRA :harmless from any and all claims, liability, losses, expenses and 'causes of action arising solely out of a negligent act, error, or omission or misconduct of the consultant, or the consultant's subcontractors, suppliers and laborers incident to the performance of the consultant's services under, this contract. The consultant shall..pay all claims, losses, fines, penalties, costs and expenses of any nature whatsoever resulting from its intentional misconduct or negligence. 16.3 The consultant shall maintain during the term of this contract the following insurance: Page 6 of 13 A. Professional Liability Insurance in the amount of $50,000.00 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the consultant shall become legally obligated to pay as damages for claims arising out of the services performed by the consultant or any person employed by him in connection with this contract. This insurance shall be maintained forithree years after completion of the construction and acceptance of any project covered by this contract. However, the consultant may purchase Specific Project Professional Liability Insurance which .is also acceptable. B. Comprehensive general liability insurance with broad form endorsement, including 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 $50,000.00 combined single limit per occurrence for bodily injury and. property damage. The policy or policies shall name SMCRA as additional insured and shall reflect the hold harmless provision contained herein. C. Workers' Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. D. The policies shall contain waiver of subrogation against the SMCRA where applicable and shall expressly: provide that the policy or policies are primary over any other, insurance that, the SMCRA may have. The SMCRA reserves the right 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 SMCRA. E. All of the insurance is to be placed with Best rated A -8 or better insurance companies qualified to do. business under the laws of the State of Florida. 16.4 The consultant shall furnish certificates of insurance to the SMCRA prior to the commencement of operations. The certificates shall clearly indicate that the consultant has obtained insurance in the., type,.'. amount, and classification as required for strict compliance with this paragraph and that no reduction in limits by endorsement during the, policy term, or' cancellation of this insurance shall be effective without 30 days prior written notice to the SMCRA. Page ,7 of 13 16:5 Compliance with the foregoing requirements shall not relieve the consultant of fits liability and obligations under this contract. 17. EQUAL EMPLOYMENT OPPORTUNITY 17.1 During the performance of this contract, the consultant agrees' as follows: A. The consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation or national origin. B. The consultant shall take affirmative action to ensure that applicants. are employed, and that employees are treated during employment,' without regard to their race, color, religion, sex; sexual orientation or national origin. Such action shall include, but not be limited to, (1) employment, (2) upgrading, (3) demotion, (4) transfer, (5) recruitment or recruitment advertising, (6) layoff or termination, (7) rates of pay or other forms of compensation,, and (8) selection for training, including apprenticeship. C. The consultant shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the contracting officer that explain this clause. D. The consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the consultant, state that all qualified applicants will receive consideration for employment . without regard to race, color, religion, sex, sexual orientation or national origin. E. The consultant shall send, to each labor union or representative of. workers: with which it has a collective bargaining contract or other contract or understanding, the notice to be provided by the contracting officer advising the labor union or workers' representatives of the consultant's commitments 'under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. F. The consultant shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. ' . Page 8of13 G. The consultant shall furnish all information and reports required by Executive Order 11246, as amended and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The consultant shall permit access to its books, records, and accounts by the Secretary, of Labor for purposes of investigation to ascertain compliance with the rules, regulations, and orders. H. In the event of a determination that the consultant is not in compliance with this clause or any rule, regulation,, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, ' and the consultant may be declared ineligible for further Governmental contracts, or federally assisted construction contrasts under the procedures authorized in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. I. The consultant shall include the terms and conditions of this clause in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. The consultant shall take the action with respect to any subcontract or purchase orders as the Department of Labor may direct as a means of enforcing the provisions, including sanctions for noncompliance; provided that if the consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of the direction, the consultant may request the United States to enter into the litigation to protect the interests of the United States. 18. MEDIATION 18.1 Any claim or dispute arising out of or related to this contract shall be subject to informal mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Both parties, waive any right to arbitration. 18.2 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Miami -Dade County, Florida, unless another, location is mutually agreed upon. Page 9 of 13 18:3 Contracts reached in mediation 'shall be enforceable as settlement contracts in the circuit court for the 11"' judicial circuit for the State ' of Florida. 19. JURISDICTION AND VENUE 19.1 For the purposes of this contract, Florida law shall govern the terms of this contract. Venue shall be in Miami -Dade County, Florida. 20. SOVEREIGN IMMUNITY AND ATTORNEY'S FEES 20.1 The SMCRA does not .waive sovereign immunity for any, claim for breach of contract or for an award of prejudgment interest; provided, however, that in any action arising out of or to enforce this contract,, the prevailing, party shall be-entitled to its reasonable attomey'sfees and costs. 21. NOTICES 21.1 All notices given or required under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of the consultant and to the SMCRA specified in this contract, unless either party sha1 specify to the other party a different . address for the giving of the notices. 22. CONTRACTING OFFICER REPRESENTATION 22.1 For the purposes of this contract the contracting officers are as follows: To the SMCRA: Joseph Gibson, Executive Director City of South Miami Community Redevelopment Agency 6130 Sunset Drive South Miami, Florida 33143 To Consultant: Bobbie Mumford, President B. Mumford & Company . 10305 N.E. 2nd Avenue Miami, Florida 33138 Page 10 of 13 23. EXAMINATION AND . RETENTION OF CONTRACTOR'S RECORDS 23.1 The SMCRA, or any of their duly authorized representatives, shall; until 3 years after final payment under this contract, have access to and the right to examine any of the consultant's books, ledgers, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 23.2 The consultant agrees to include in first -tier subcontracts under this contract a clause substantially the same as subparagraph 24.1 above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. 23.3 The right to access and examination of records in subparagraph- 24.1 shall continue until disposition of any mediation, claims, litigation or appeals. 24. OWNERSHIP OF DOCUMENTS 24.1 All documents, reports, plans, specifications or other records, including electronic records, resulting from the professional services rendered. by the consultant under this contract shall be deemed the property of the SMCRA and the SMCRA shall have. all rights incident to this ownership.' The consultant acknowledges that all documents prepared under this contract : shall be ,public records, and shall be subject to public inspection and copying, as provided by Florida Statutes chapter 119. Upon conclusion of this contract and any extensions, all documents shall be delivered by the consultant to the SMCRA.� The consultant shall have the right to retain copies of the documents at the consultant's expense. 25. SEVERABILITY 25.1 Should any paragraph or any part of any paragraph of this contract be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or unenforceable any other section or part of any section of this contract: 26. RIGHT TO AUDIT 26.1 The SMCRA reserves the right to audit records of the consultant pertaining to this contract anytime during the'term and.for a period of three years after final payment is made under this contract. Page 11 of 13 27. ENTIRE CONTRACT 27:1 The contract, when signed by all of the parties, constitutes the full and complete understanding and contract of all parties and may not be in any manner interpreted or fulfilled in contradiction of its express terms. This contract and the incorporated attachments constitute the entire understanding between the parties and integrates by its terms all previous contracts or understandings, oral or written, between the parties. In the event of any conflict, the terms of this contract will govern over the provisions of any incorporated documents. 28. CONTINGENCY FEE AND CODE OF ETHICS WARRANTY 28.1 Consultant warrants that neither it nor any principal, employee, agent, representative or family member has promised to pay,, and consultant has not and will not pay a fee the amount of which is contingent upon the SMCRA awarding this contract to 'consulfant. 28.2 Consultant warrants that neither it nor any principal, employee, agent, representative or family member has procured, or attempted to procure, this contract in violation of any of the provisions of the Miami -Dade County or the ' SMCRA of Palmetto Bay conflict of interest and code of ethics ordinances. 28.3 A violation of this paragraph will result in the termination of the contract and forfeiture of funds paid, or to be paid, to the consultant. 29. WARRANTY OF AUTHORITY 29.1 The signatories to this contract warrant that they are duly authorized by action of their respective SMCRA commission, board of directors or other authority to execute this contract and to bind the parties to the promises, terms, conditions and warranties contained in this contract. IN WITNESS WHEREOF„ the parties hereto, acting through their duly authorized officers, have executed this contract as of the date first above written. City of South Miami Community B. Mumford & Company Redevelopment Agency By: By: Joseph Gibson, Bobbie Mumford, Director President ATTEST: City of South Miami City Clerk By: Maria Menendez, City Clerk Approved as to form: By Eve A. Boutsis, General Counsel City of South Miami Community Redevelopment Agency February 23, 2003 Mr. James Mc Cants, Community Outreach Coordinator, and Mr. Joseph Gibson, Director South Miami Community Redevelopment Agency 6130 Sunset Drive Miami, Florida 33143 Dear Mr. Mc Cants and Mr. Gibson: B Mumford & Company has enjoyed the opportunity to serve the South Miami CRA, and as such respectfully requests a continued role as the Public . Relations/Marketing Coordinator for the agency. The challenge, we believe we have successfully met, has been performing under three different SMCRA directors, each with specifically different goals and objectives for the agency and a grace period of moving their program. forward. This means our priorities and timing shifted to meet their expectations. And there is yet more to accomplish. B Mumford is familiar with the community — its institutions, constituents, concerns and desires. We are familiar with the agency and City of South Miami's structure. We are keenly positioned to readily and easily move forward. With a contractual agreement for this February 2004 through the end of the fiscal year September 2004, subject to review and approvat by the SMCRA Board of Directors, our Scope of Work for the SMCRA would include the following: 1. Revision of the originally produced SMCRA Brochure, to exclude dated information and include current information, which will not be quickly dated 2. Production and dissemination of two community newsletters, Spring 2004 and Summer 2004 3. Develop Marketing Plans and assisting in implementation, where appropriate, for Madison Square -other SMCRA businesses, as identified 4. Assist in advancing and promoting the Business Incubator Program . 5. Coordination and fundraising for the SMCRA Annual Awards Banquet, an agency fundraising initiative planned for April/May 2004 6. Assist in further development of the Ministerial Alliance, in support of the SMCRA, and its planned activities 7. Solicit sponsorships and Coordinate "Back -to- School" Giveaway in August 2004 8. Assist in updating the SMCRA User's Guide 9. Promote and publicize SMCRA program and activities through news releases, flyers, etc. 10. Secure feature news articles on the SMCRA's accomplishments in The Miami Herald, Community Newspapers and possibly other publications 11. All other identified tasks We appreciate your considerations, and are fully capable of fulfilling our obligation. Ms. BOBBIE MUMFORD B Mumford & Company, a Public Relations Firm President (1989- Present) EDUCATION Hampton University, Hampton, Virginia, Bachelor of Arts degree in English, 1967 University of Miami, Certificate in Business Management Studies, 1979 Miami -Dade Community College, Certificate in Construction Management, 1989 'EXPERIENCE Bobbie Mumford is committed, capable and, enterprising – significantly experienced in managing and implementing community and media relations, public affairs, public participation/involvement and special. . events. She is a self - disciplined public relations professional who has successfully educated the community on diverse public policy issues. She brings to the task a reservoir and diversity of talent, skills and experience in public relations, corporate and governmental affairs, and community involvement. She has rendered dedicated service to and for the citizens of Miami -Dade County and the State of Florida. Her commitment is to continue sharing these attributes for the benefit of South Florida's unique and challenging community. Professional Experience Miami -Dade County Manager's Office of Media Communications, Acting Director (1986 -87), Assistant Director (1981 - 1986), Public Information Officer (1975 - 1981) Managed county's media relations, public information, public'affairs, advertising, special events, cable television, film and television, creative design/graphics and photography. Metro -Dade Corrections and Rehabilitation Department and Dade County Housing and Urban Development Information and Media Coordinator Established media relations /public information offices for both county departments. 1987 -1989 Our project activity, deliverables and work samples are expansive which we can provide, if required. We initially consulted with Tools for Change, at it inception. This gave us the opportunity to produce A Black Business Directory, disseminate TFC news articles and coordinate the grand opening of one of TFC's primary projects —a department store. We also share with you three unique community projects for which we were responsible. Community Technology and Cultural Arts Center,. City of Miami Community Redevelopment Agency (CRA), Miami, FL - Publicist for the CRA Poinciana Village, Phase II Grand Opening:. Conducted significant research of cultural organizations and computer - technology centers, either located in or near Miami's historical' Overtown community, for the purpose of participation in focus group discussions. The focus group issues and conclusions served to provide confirming information for the overall feasibility study and for the critical challenges facing the community due to a lack of access to technology hardware, World Wide Web content and the lack of technology literacy. 2001. "Tap Into the Importance of Water," An Environmental Outreach Project, South Florida Water Management District (SFWMD), Opa- locka,. FL As Education Outreach Coordinator, initiated a variety of initiatives to determine the environmental awareness of residents in the City of Opa- locka, B MUMFORD & COMPANY Florida which included a direct mail questionnaire to all households in the city; Question and Answer' „ Session on Opa- locka's government' cable television network; "Keep the , Shoreline Clean" Camp and Picnic; community forums and'presentations; and in- school envirom'nental,.educational experiments with canal water and other nature driven products. 2000. Miami International Airport Cargo Advertising Campaign, Miami -Dade Aviation Department, Creative Ideas Advertising; Inc. advertising agency subconsultant, Miami, FL -- Led the creative development and implementation, media plan and nearly 100 media, placements in some 20 international/national publications promoting the Advertising Media Campaign for MIA's Cargo Division, - based on research for appealing to custom brokers, freight forwarders, consumers and other users.' campaign was entitled "IN MIAMI...We Take Cargo Seriously" — Miami International Airport's Miami Cargo Centre — "The Obvious Choice." 1994 -96. Professional Associations Kristi House for Sexually Abused Children, Board of Directors Voices for Children Advisory Board Bicentennial Park Advisory Committee Advertising Federation of Miami White House Conference on Small Business (1995 delegate) Miami -Dade Chamber of Commerce Western Hemispheric Summit of the Americas; Marketing Volunteer Delta Sigma Theta Sorority, a public service sorority Awards The Orange Bowl Committee, 1997 Orange Bowl Big Buddy Program University of Florida, 1992 College of Journalism and Communications Annual Communications Careers Forum Miami -Dade Chamber of Commerce Top 10 Black Businesses of the Year, 1991 Sunstreet Festival '83, 1983 Marketing and Media Campaign (Concept Paper) National Association of Counties (NACo) The Cultural Plaza, Metro -Dade County Promotions (Concept Paper), 1983 National Association of Counties (NACo) "Government in the Sunshine" Display Design, 1978 National Association of Counties (NACo) Integrated Services Delivery System (Concept Paper), 1977 National Association of County Information Officers (NACIO) JODI A. PORTER Vice President, B Mumford & Company (1992 - Present) EDUCATION University of Miami, Master of Education, Graduate Program Florida A &M University, School of Business and Industry Bachelor of Science degree in Accounting, 1991 President, Florida A &M University Marketing Club The Miami Herald's Silver Knight Winner in Mathematics For all Miami -Dade County, 1987 EXPERIENCE Professional Experience Jodi Porter has served as an account executive for B Mumford & Company handling numerous public relations projects which'involved news writing and project management. Jodi Porter also lends diverse experience and a significant business background to the B Mumford organization. She traveled Europe and rural Indiana as an Intern/Staff Auditor for Eli Lilly & Company, a pharmaceutical conglomerate in Indianapolis, Indiana. She developed budgeting software and participated in profit planning as an Intern Budget Analyst for The Miami Herald Publishing Company. As an Intern in Corporate Accounting/Marketing Services for Oscar Mayer Foods Corporation in Madison, Wisconsin, she performed feasibility. studies and comparative analyses. Ms. Mumford -Porter also served' as Accounts Payable Clerk for Bacardi Imports, Inc., and was a student intern at Cordis Dow, Miami, Florida. The Spring Break of 1999, Ms. Porter, in her Mathematics teacher role at Brownsville Middle School, coordinated a seven -day journey on a Tour of Culture and Finance' with some 90 junior high school students, parents and teacher chaperones to Washington, D.C. and New York City, visiting The White House, Wall Street, national institutions and, monuments, Broadway plays and renown restaurants and sites. Ms., Porter served as a consultant with B Mumford Public Relations for the City of Opa- locka's Vision 2000 Planning Program. She served as facilitator in the program planning process and aided in plotting the course of City of Opa -locks as it prepared for the 21st century. On the Florida Tourism account, in which we served as the minority advertising agency, Jodi wrote the ghost column for then State Representative 'Alzo Reddick, also chairman of the legislative Tourism Committee, on "Tips on Travel" which was disseminated to Florida's statewide Black newspapers. Having grown and matured with B Mumford & Company, Ms. Porter has developed a great appreciation for the challenge and excitement of "community." Through these experiences, she has developed an awareness of and assisted in the development and implementation of marketing campaigns, feasibility studies, and public policy campaigns. This environment has provided Ms. Porter the opportunity to become familiar with the media -at -large and develop beneficial community relationships. Ms. Porter adds an exciting flair to the B Mumford organization, coupling administrative experience with a keen business acumen and community affection. PROFESSIONAL ASSOCIATIONS North Dade Chamber of Commerce Alpha Kappa Alpha Sorority, a public service sorority B MUMFORD & COMPANY • ''Illy Boa • th; k% rMowhkti�bwhaxtuGnrN lXaeGllik:Ki'rtrtndF'!ry•' - . CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Honorable Chair Date: February 19, 2004 and SMCRA Board Members From: Joseph Gibson Subject: Agenda•Item Ot Director CRA Board Meeting 02/19/04 By -law amendments REQUEST A RESOLUTION OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY BOARD AMENDING SECTIONS 3.1 OF THE AGENCY BY -LAWS AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The Resolution is being offered at the request of Director Joseph. Gibson in order to accommodate a request made by the local Pastors and local community members. Bible studies are held on Mondays and Tuesdays. Therefore, to enhance greater attendance by SMCRA ' residents, we are making this request. The attached Resolution proposes to move SMCRA meetings to the second Thursday of every month. Attached is the revised language as suggested by staff. This item was recommended for approval by the SMCRA Advisory Board. The modifications in the By -Laws are highlighted with additions noted in double underline and deletions noted by strikethrough. RECOMMENDATION Your approval is recommended. Attachments: Proposed Resolution Back up information. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. A RESOLUTION OF THE. SOUTH MIAMI COMMUNITY ' REDEVELOPMENT AGENCY AMENDING THE BY -LAWS OF THE AGENCY TO ESTABLISH THE SECOND THURSDAY OF THE MONTH AS THE DATE FOR REGULAR MEETINGS OF THE AGENCY SECTIONS 3.1 OF THE AGENCY BY -LAWS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the South Miami Community Redevelopment Agency ( SMCRA) Board has adopted by -laws to govern the Agency, and WHEREAS, there is a need to change the Sections related to the Regular Meetings and the Order'of Business, and WHEREAS, SMCRA Advisory Board reviewed and recommend the suggested changes, NOW, THEREFORE, BE IT RESOLVED BY SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY BOARD: Section 1. That the amendments to Sections 3.1 as contained in Attachment "A" are adopted, and Section 2. This resolution shall take effect immediately at the time of its passage. PASSED AND ADOPTED this. day of 12004. ATTEST: APPROVED: SECRETARY READ AND APPROVED AS TO FORM: GENERAL COUNSEL CHAIRPERSON Board Vote: Chairperson Russell: Vice Chairperson Palmer: Board Member Wiscombe: Board Member Birts- Cooper: Board Member Sherar: Board Member Kelly: Attachment A CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY BY -LAWS ARTICLE I COMPOSITION OF THE SMCRA 1.1 Composition of the Agency. The members of the South Miami Community Redevelopment Agency ( SMCRA) shall be composed of the five elected Commissions of the City of South Miami and two additional members appointed by the City Commission. as required pursuant to the Interlocal Agreement with Miami -Dade County and the 'SMCRA. 1.2 Purpose and Powers. The purposes and powers of the SMCRA are those set forth in Chapter 163, Florida Statutes and the Interlocal Agreement. ARTICLE H OPERATIONS OF THE AGENCY 2.1- Fiscal Year. The fiscal year of the SMCRA shall conform to that of the City of South Miami. 2.2 Maintenance of Funds. All funds of the SMCRA shall be received, held, and' secured in the same manner as other public funds by the appropriate fiscal officers of the City of. South Miami. Tax increment financing (TIF) revenue shall be maintained under a separate trust fund account. Non -TIF revenue shall be held in a separate account. 2.3 Annual Audit. An external audit by an independent certified public accountant shall be conducted on an annual basis, with reports filed in accordance with Florida law and with the Interlocal Agreement. ARTICLE III. MEETINGS OF THE SMCRA 3.1 Regular Meetings. The Agency shall hold meetings on the second ur d Mend of each month at 6:30 p.m. except during the summer recess or when officially canceled by. the Chairperson of t he SMCRA Board or when the day and/or the time is changed by the majority vote of the Board 3.2 Special Meetings. Special. meetings may be held upon the call of the chairperson or upon the request of not less than four members of the SMCRA; The call or request for a special meeting shall be communicated to the Executive Director of the SMCRA, and the Page l of 3 Additions. are noted in double underlined and deletions are noted by s#rik eu� Attachment A subject, or subjects of the proposed meeting shall be specified and noticed at least 24 hours prior to the meeting. Notice shall be posted at City Hall. 3.3 'Workshop Meetings. The SMCRA. may hold workshop meetings in conjunction with Regular Meetings, or as needed;and called by the SMCRA as provided in Section 3.2 for the calling of meetings. 3.4 Quorum and Voting Requirements. A quorum for any meeting of the SMCRA shall be four members, and four affirmative votes shall be required to approve any official SMCRA action. 3.5 Consent Agenda. The Executive Director shall place those matters requiring action of the SMCRA on the Consent Agenda which the :Executive Director believes do not require a formal presentation before the SMCRA, provided that the SMCRA members shall have received, as part of the agenda package, documentation and a recommendation for action by the Executive Director at least seventy -two (72) hours prior to the meeting. Prior to taking action on the Consent Agenda, any member may request that any or all items on the Consent Agenda may be removed from,the Agenda and placed under the applicable heading of "Old Business" or "New Business," as necessary. After the Chairperson shall request whether any SMCRA members wishes to have an item removed .from the Consent Agenda, the SMCRA shall proceed to take action on all items on the Consent Agenda by a single motion to approve the Consent Agenda 3.6 Place of Meetings. Meetings of the SMCRA shall be held at the South Miami City Hall or other such place as specified in a notice of Meeting. ARTICLE IV OFFICERS OF THE SMCRA 4.1 Officers of the SMCRA. The Mayor and Vice Mayor of the City Commission of the City of South Miami shall serve as the chair and vice chair respectively of the SMCRA Board of Commissioners. 4.2 Terms of Office. All. officers and board members shall serve as SMCRA Commissioners in concurrent terms to the elected office they, hold with the South Miami City Commission. The two appointed members of the board shall serve for terms as specified pursuant to Chapter 163, Florida Statutes and the Interlocal Agreement. 4.3 Vacancy on the Board. Should a member of the SMCRA no longer be a qualifying individual under Chapter 163, Florida Statutes or the Interlocal Agreement, the members hall automatically be removed as an officer of the SMCRA. If the vacancy results from Page 2 of 3 Additions are noted in double underlined and deletions are noted by stril Attachment A the member being removed or for some other reason, the City Commission shall appoint a new member for the remaining term. 4.4 Chairperson. The Chairperson shall preside at all meetings of the SMCRA and perform such other duties consistent with the office as required. The Chairperson shall have a vote in the proceeding of the SMCRA but no veto power. The Chairperson shall be considered the official head of the SMCRA for ceremonial purposes and shall also execute, in the' name of the SMCRA, contracts and other documents as may be authorized by the SMCRA. 4.5 Vice Chairperson. The vice- chairperson in the absence or- disability of the chairperson shall exercise the powers and perform the duties of the chairperson. The vice- chairperson shall also assist the chairperson generally and exercise such other powers and perform such other duties as shall be prescribed by the SMCRA. 4.6 Secretary.. The City Clerk of the City of South Miami shall serve as Secretary of the SMCRA. The Secretary shall take and maintain or supervise the taking and maintenance of minutes and other records of the SMCRA. The secretary shall prepare and serve all notices required by these By -Laws by law. The secretary shall have the custody of the seal of the SMCRA if one, is adopted and affix the seal to installments requiring the seal of the SMCRA. In addition, the secretary shall perform all other. duties incident to the office of secretary and those that may be required by the SMCRA. 4.7 Other Personnel and Consultants. The SMCRA may employ such other consultants and personnel as allowed by statute with such duties as shall from time to time be deemed necessary by the SMCRA. ARTICLE V AMENDMENT OF BY -LAWS 5.1 Notice. Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which the proposed amendment is to be considered. 5.2 Proposal of Amendments.. Any SMCRA member may propose an amendment to these By -Laws by written proposal to be sent to the Executive Director of the SMCRA, and the proposed amendment shall be considered at the next regular meeting or special meeting of the SMCRA. ADOPTED this day of 72004. Page 3 of 3 Additions are noted in double underlined and deletions are noted by s# -ilea