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04-23-01Chair .Vice Chair Member Member Member Member Member Julio Robaina 'Horace G. Feliu Mary.Scott Russell David D. Bethel Randy G. Wiscombe James Bowman Charete B. Plummer CRA General Counsel John Dellagloria CRA Executive Director Charles D. Scurr CRA Director Gregory J. Oravec CRA Secretary Ronetta Taylor SOUTH MIAMI COMMUNITY REDEVELOPMENT.,AGEINCY CRA Meeting Meeting date: Apri1.23, 2001 Sunset Drive, South Miami, FL Next Regular Meeting Date: May 7, 2001 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-fox- profit organizations, local chamber and merchant groups, homeowner, associations, or trade associations and unions. CALL TO ORDER: ITEMS FOR THE BOARD'S CONSIDERATION: 4. Approval of Minutes Regular.CRA Minutes March 5, 2001 5. CRA Director's. Report 6. CRA General Counsel's Report: CONSENT AGENDA (There are. no .items . ) RESOLUTION(S) (For Public Hearing) .7. 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. SPEAKERS; PLEASE TAKE'NO.TICE THAT -SECTION 2 -2 :1(k)(2); OF THE CODE :OF. ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL .IMPERTINENT, .OR ' SLANDEROUS: REMARKS OR, WHO SHALL BECOME` BOISTEROUS ` WHILE ADDRESSING .l THE COMMISSION SHALL .BE :FORTHWITH. BARRED FROM FURTHER AUDIENCE 'BEFORE, ;THE.. COUNCIL BY :THE' PRESIDING .' O fF!CER, UNLESS.PERMISSION TO CONTINUE. BE GRANTED BYA:MAJORITY. VOTE OPTHE:.COMMISSION " 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 2 AGENDA - April 23, 2001 - SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY INTER- OFFICE MEMORANDUM To: Honorable Chairperson Date: April 18, 2001 and CRA Board From:' Gregory J. Oravec Director REQUEST J Subject: Meeting 4 105 101 7 Agreement for Marketing and Public Relation Services B. Mumford & Company, . 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. BACKGROUND & ANALYSIS As part of the budget process, the Advisory Board identified the importance of Marketing and Public Relations Services to the success of the SMCRA and its programs. As a result, the SMCRA Board appropriated $50,000 in the FY 2000 -2001 Budget to retain a firm to provide these services. On November 6, 2000, the Board approved a resolution authorizing the issuance of an RFP &Q for Marketing and Public Relations, Services in order to identify . and select the firm most qualified to provide the following services: ...to assist it in the development of its Marketing/Public Relations Program. The scope of the program should 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. In regards to creating a recognizable and unique positive identity for the SMCRA; promoting the activities, programs and opportunities provided -by and in the SMCRA; and effectively reaching the SMCRA's distinct audiences, residents and business community, the firm shall: a. Recommend and identify all strategies, documents and collateral materials necessary to achieve the marketing/public relations goals of the SMCRA; b. Create a logo; C. Use logo to create letterhead, stationery and "shells" for collateral materials; d. Create tag line (slogan); e. Create an ad campaign to promote the SMCRA and its programs; and f. Assist the SMCRA in clearly identifying its distinct audiences, including any sub- audiences; g. Create Mailing list(s) based upon,audiences; h. Initiate ad campaign; i.' Create 6 SMCRA brochures. The six brochures should include brochures for: general information regarding the SMCRA and its opportunities, the Single Family Infill Program, Homeowner Assistance Program, Single Family. Rehabilitation Program, Code Violation Assistance Program and Multifamily Rehabilitation Program; j. Create a monthly newsletter; k. Develop quarterly special event schedule to promote the programs and opportunities provided by the SMCRA and in the redevelopment area. 1. Create /Provide other materials as needed. Several exceptional firms responded to the RFP &Q demonstrating their desire and ability to provide the above- described services to the SMCRA. However, the Selection Committee determined that B. Mumford & Company was the firm most qualified to provide the 'services. On March 5, 2001, the SMCRA Board recognized the findings of the Selection Committee and directed staff to negotiate an Agreement with B. Mumford and Company. The attached agreement is the culmination of staffs negotiations .with B. Mumford and Company. The proposed agreement provides for a term of one year, total payment not to exceed the sum of $50,000 and for the SMCRA to retain the right to terminate the agreement for any reason, without cause, upon three days written notice. The , proposed agreement' includes a comprehensive scope of services (Exhibit I of. the Agreement),. which meets and exceeds the requested scope of services identified in the ,RFP &Q ; (above). The scope includes, but is not limited to: logo creation, identification of target audiences, production of collateral materials, special event development and'coordination and development and initiation of a multimedia ad campaign. Approval of the agreement would assist the,SMCRA in one of its most important duties — reaching the community. It would provide for a very qualified firm to provide services which exceed those that the. Agency had originally requested at the cost it had appropriated in the FY 00 -01 Budget. RECOMMENDATION, Your approval is recommended. RESOLUTION NO.' 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 of the SMCRA Board recognized the findings of the RFP &Q Selection Committee, identifying 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 vote of the Board of Commissioners this day of , 2001. CHAIRPERSON ATTEST: SECRETARY APPROVED AS TO FORM: GENERAL COUNSEL AGREEMENT FOR MARKETING AND PUBLIC RELATION SERVICES This Agreement is entered into this dayof , 2001, between the CITY OFSOUTHMIAMI COMMUNITYREDEVELOPMENTAGENCY ( SMCRA) and BMUMFORD & COMPANY, aFlorida 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. Subject Matter. This Agreement sets forth the terms and conditions pursuant to which the, SMCRA mayrequest, 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 ofthe 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. " Work" means Services to berendered orprovided bythe,CONSULTANT forthe Project. C. "Services "means the Services to be performed bythe CONSULTANT under this Agreement. D. "Project Manager" means the Director or a. designee. 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 maybe 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 inclose 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 underthe 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 Prc j ect, including, without limiting the generality of the foregoing, the Federal Wage -Hour Law, the Walsh -Healy Act, The Occupational S afety and Health Act, the National Environmental Policy Act and Equal Employment Opportunity Legislation. iv. In the performance of the Work, the CONSULTANT agrees to: a.. Complete the Work within the time allowed bymaintaining anadequate staff of qualified employees at all times. -2- b. Be fullyresponsible for the professional services required to berenderedin the performance of the Work. c. Cooperate fully with the SMCRA in order that. all phases ofthe Work may be properly scheduled, coordinated, and executed. d. Report the status of the Project to the Project Manager and/or SMCRA upon request or as required by this Agreement, and maintain all notes, calculations, and related work to be open to inspection bythe SMCRA, at all times and as required by law. . w e. Promptly deliver to the ProjectManager copies ofminutes ofall 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 may issue 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 Proj ect and each section ofthe Work to be performed by the CONSULTANT and the time schedule in which the Work must be completed. ii. Upon receipt ofthe 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 ofthe RFS, to discuss the schedule, the scope of the Work, and budget and compensation issues. -3- � S 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 ofthe 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 ofthe Notice to Proceed and shall be completed within the time agreed upon as shown in the Work Order. When aPrc ject has a deadline date and time is ofthe essence, the SMCRA shall advise the CONSULTANT ofthe completion time and the completion time shall be agreed upon. A reasonable extension ofthe work time will be granted in the event there is a delay on the part ofthe SMCRA in fulfilling part ofthe Agreement as required orbecause ofweather, 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. S. 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 - mediapresentations 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 -4- .nun initiatives promoting and marketing SMCRA endeavors. and program functions, and any other miscellaneous Aasks as maybe 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 ofthe Work. The method ofcompensation shall be agreed upon prior to issuance ofthe 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. B. Not to Exceed Fee:. If a "Not to Exceed" fixed.fee is.mutually agreed upon, the amount of compensation shall be based on an hourlyrate 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 Tabor, wages, taxes, insurance, benefits, overhead and profit and shall be applicable to any necessary overtime work. Category Hourly Rate Public Relations Coordinator /Assistant. Coordinator "$125.00 Information/Community Outreach Specialists $100.00 Graphics Designer $ 90.00 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 ofthe 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. -5 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 extrawork or expense due to changes ordered after anyportion 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 noway 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 orresponsibilities 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 disclosed in writing to SMCRA. -6- B. The CONSULTANT is aware of the conflict of interest laws 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 bythe CONSULTANT forthe purpose ofthis Agreement shall become the property of the SMCRA without restriction or limitation upon use and shall be made available by the CONSULTANT at anytime upon request ofthe 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. 1.4. Termination and Suspension of Agreement. A. The CONSULTANT retains the right to terminate this Agreement for any reason,. without cause, upon three (3) days written notice at any time prior to the end ofthe . Term without penalty to the SMCRA..In such event, the SMCRA shall give written notice of termination to the CONSULTANT 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 ofthe 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 orperson any fee, commission, percentage, brokerage fee, or gifts or any other consideration -7- contingent upon or resulting from the award or making 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. 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 maybe amended only bywritten 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. 18. Right to Audit. The SMCRA reserves the right to audit records of the CONSULTANT pertaining to this Agreement anytime during the term and for aperiod 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 SingleUnit 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. -8 D. All insurance policies shall be issued by companies authorized to do business underthe 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 priorto the commencement ofany 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 ofthe 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 ofthe Project Manager who shall decide all questions, difficulties and disputes ofwhatever nature which may arise under or byreason ofthis Agreement, the prosecution and fulfillment ofthe 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 ofrace, 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; layoffor termination; rates ofpay or other forms ofcompensation, 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 ofthe State ofFlorida, 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 -9- anyrights orbenefits under the Civil Service or Pension Ordinance ofthe City of SouthMiami, or anyright 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 complywith each and every term and condition of this Agreement or fails to perform any ofthe 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. Contingenc Clause. Funding for this Agreement is contingent on the availability offunds 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 claims, losses, damages, costs, charges or expenses arising out of or in connection with the negligent acts, actions, or omissions ofthe 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 ofor directly caused by or resulting from the sole negligence ofthe SMCRA or anyofits agents, officers or employees. The indemnityprovided is not limited byreason of anyparticular insurance coverage in this Agreement: 27. Notice. All notices or other communications which shall or maybe 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 33138 Attn: Bobbie Mumford -10- To the SMCRA: Greg Oravec Director South Miami Community Redevelopment Agency 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 ofthe 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 ofthis 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 wayintended 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 arenot apart ofthis 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 anyprovision 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. -11- D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined bya court ofcompetent 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 orphrase shall be deemed modified to the extent necessary in order 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 ofthis Agreement shall remain unmodified and in full force and effect. IN WIINESS WHEREOF, the parties have, through their p ropercorporate officials, executed this Agreement, the day and year first above set forth. ATTEST: CITY OF SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY . By: Name: Title: B MUMFORD & COMPANY, a Florida Corporation By: Name: Bobbie Mumford Title: President -12- ®m mom . A P.Ui. R.LWi... H- . 6. Estimated project based fee. $50,000 Based on six major initiatives which include: I. Logo creation $4,000 II. 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 1 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. r m mm ®m A P.M. P.".. R_ 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 • Typography D. Messages • Broadcast production E. Target Audience • Print production F. 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 program for radio, television, internet, etc. III. Circulation and production of collateral materials • Typography • Graphic designs and layouts $15,000 A. Monthly newsletter - Photography B. 6 SMCRA brochures on • Copywriting SMCRA general informa- • Research and development ' outreach tion, single family infill • Community program, homeowner • Account management assistance program, single • Printing (coordination) family rehabilitation • Mailings /mail preparation program, code violation assistance program and multi- family rehabilitation program C. Other materials as needed 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 South Miami CRA Minutes March 5, 2001 ROLL CALL The South Miami CRA Board.met in regular session on Monday, March 5,;2001 beginning at 6:37 p.m., in the City Commission Chambers, 6130 Sunset Drive. Roll Call: The following members of the CRA Board were present: Chairperson Julio Robaina, Vice Chair Horace G. Feliu, Members Mary Scott Russell, Randy G. Wiscombe, and David D. Bethel. Members James Bowman and Charete Plummer arrived at 6:50 p.m. Also in attendance were, Executive Director Charles D. Scurr, Director .Gregory J-. Oravec, CRA General Counsel John Dellagloria, CRA -Secretary Representative Nkenga Payne and Community Outreach Coordinator James McCants. Invocation: Vice Chair Feliu delivered the Invocation. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. 1. Approval of Minutes. Regular Minutes - February 6, 2001 Moved by Member Bethel, seconded by Member Wiscombe to .approve the minutes as presented.. There, being no discussion the motion .passed by a 5 -0 vote. COMMUNITY.REDEVELOPMENT AGENCY MINUTES - March 5, 2001 Member Bethel: Yea Vice Chair Feliu: Yea Member Russell: Yea Member Wiscombe: Yea Member Plummer: Not present Member Bowman: Not present Chair Robaina: Yea 1 r 1 2 2 . Director' s 'Report : 3 Executive Director Scurr.. communicated that there, is a 4 possibility that the CRA could receive funding from both the 5 State and Federal levels to assist with CRA. area projects. 6 Florida Senator Daryl Jones and United States Congresswoman 7 Carrie Meek both visited the CRA area and. affirmed their 8 commitment to help South Miami with funding.' 9 10 Mayor. Robaina indicated that this -is the first time the 11 City has ever sought Federal funding. 12 13 Vice Chair Feliu and Commissioner Bethel put into words 14 their delight at hearing Congresswoman Meek's commitment to 15 helping South Miami. 16 17 Director Oravec. related that Working. Capital of Florida's 18 positive presence and impact by fostering the creation of small 19 businesses in South Miami has been outstanding. 20 21 Ms., Tracy Talentino, Deputy Director of Micro Business USA, 22 a partner to Self- Employment, Inc., appeared before the CRA Board 23 to summarize the Program's goals and objectives and the role this 24 organization would take in South Miami. 25 .26 Mr. Oravec further provided details about the CRA Single 27 Family Rehab Program, which improves the quality of existing 28 housing stock. This program also provides for three levels of 29 funding: First Level $2,500; Second Level - matching program up to 30 $10,000; Third Level- full level funding where the 'CRA 31 contributes $1 dollar for every $2 dollars that the homeowner 32 puts in.- The CRA Advisory -Board is looking a ways to make -this a 33 more aggressive program to assist more homeowners. A number of 34 homeowners have taken advantage of this program. Three of those 35 applications are on tonight's agenda. for the Board's 36 consideration. 37 38 Chairperson Robaina expressed his extreme pleasure at being 39' able to assist individuals in the CRA area with the type of' 40 funding programs the CRA has in place. 41 42 Messes. Leatha, Jordan, Antoinette Poitier and JoAnn 43 Henderson, applicants of the Single- Family Rehab Program were 44 afforded opportunities for comments. 45 46 Member Plummer asked if the. application process. for the 47 Singly- Family Rehab Program was user friendly. 48 . 49 All applicants agreed that the application process was 50 simple and non- threatening. 51 COMMUNITY.REDEVELOPMENT AGENCY 2 MINUTES - March 5, 2001 s 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 51 52 53 Member Wiscombe asked if a vendor /contractor list was being created to assist those individuals interested in having certain repairs done to their homes. Mr. Oravec related that the CRA Advisory Board was working on.identifying a pool of inspectors that would be able °to inspect a homeowner's property and advise of,the needed repairs. A pool of contractors would also be compiled. Each applicant would be required to go to at feast five of the names listed and select the lowest bidder from that pool. 'Moved by Chair Robaina, seconded by Member Russell to remove Item No. 7 from the Consent Agenda. There, being no further discussion the motion passed by a 6- 0 vote. Member Wiscombe: Member Russell: Vice Chair Feliu: Member Bowman: Member Bethel: Member Plummer: Chair Robaina: Yea Yea Yea Yea Yea Out of room Yea Mr. Oravec announced that the Infrastructure Study would be presented at the next CRA meeting. Mr. Oravec addressed the RFP &Q for the Marketing /Public. Relations Services and the Urban Planning and Design Services. The highest- ranking firm for the Marking /Public Relations Services was B Mumford & Company, second ranking was Dennis Communication and the third ranking firm was Ron Jacobs and Associates. He voiced anticipation of having the, Marketing/ Public Relations item on, the next CRA agenda for the -Board's consideration.. The term of the agreement is for one year. By acclamation of the CRA Board the ranking was accepted. Mr. Oravec related that the highest - ranking firm for the Urban Planning & Design Services was The Corradino Group, second ranking firm was Creative Land Development Services, Inc. /Correa Valle Valle Joint Venture, and third ranking was Bermello, Ajamil & Partners. -The contract negotiations would be project specific. By acclamation of the CRA Board the ranking was accepted. Winn Dixie Supper Market was acknowledged for providing refreshments for tonight's meeting. Mr. Oravec reported that the reconstruction plans for Church Street were coming together. COMMUNITY REDEVELOPMENT AGENCY MINUTES - March 5, 2001 3 1 2 Mr. Clyde Judson of. Judson & Partners appeared before the 3 CRA Board to provide'a brief overview on the "Conceptual" design 4 of Church Street [59th Place] . as it related to, the .CRA's long - 5 range goal to revitalize the neighborhood. 6 7 Members of the CRA Board expressed concern with the possible 8 - dangers to pedestrians, scooter and bicycle riders. Educating 9 the parents and youth as to proper use of the sidewalk was 10 discussed. 11 12 Chair Robaina asked if more could be done to deter traffic 13 in this area. 14 15 Executive Director Scurr said that the City has petitioned. 16 Miami -Dade County for a four -way stop at 66th Street and 59th 17 Place. 18 19 Items For the Director 20 Member Russell referenced the Lobbyist Ordinance and asked 21 what was the CRA doing to address this issue. 22 23 Executive Director •Scurr shared that input from all of City 24 departments was being received in regards to the lobbyist 25 ordinance. The City Attorney has started re- drafting some _26 aspects of the lobbyist ordinance. 27 28 Member Russell referenced the resignation of CRA Advisory 29 Board member Helen Diaz and asked if a replacement had been 30 recommended. 31 32 Chairperson Robaina encouraged those interested in serving 33 on the CRA Advisory Board to submit a Board application. 34 35 Member Russell inquired as to the process for recognizing 36 someone for giving of his or her time to serve on the CRA 37 Advisory Board. 38 39 Mr. Oravec said recognition could be held under the 40 presentation portion of this agenda. 41 42 Chairperson_ Robaina referenced the SW 64th Street 43 Improvement Project and related that Miami -Dade County is 44 continuing _to delay the project, thus putting the City's OCED 45 funding in jeopardy. 46 47 Executive Director Scurr said this issue would be addressed 48 during the City Commission meeting on tomorrow evening. 49 50 Chairperson Robaina emphasized the importance of getting 51 this project underway. 52 COMMUNITY REDEVELOPMENT AGENCY 4 MINUTES - March 5, 2001 1 Executive Director Scurr suggested giving Miami -Dade County 2 until the next CRA Board meeting (April 2nd] to start their 3 project. If the project hasn't been started by. then, the CRA 4 would move forward with its portion of the project (traffic 5 calming]. 6 7 Member Wiscombe suggested contacting the. Miami Dade County 8 Commission to have them put pressure on administration. 9 10 Mr. McCants, the CRA's Outreach Coordinator conveyed the CAA 11 Advisory Board's disappointment with the delays associated with 12 the Street Calming Project on SW 64th Street. 13 14 After there were no further questions or comments for the 15 Director, this report was concluded. 16 17 3. General Counsel's Report: 18 General Counsel Dellagloria did not have a specific report 19 at this time. 20 21 After there were no comments or questions for General 22 Counsel, this report was concluded. 23 24 CONSENT AGENDA 25 26 CRA 3 -01 -52 27 7. A RESOLUTION OF THE CHAIRPERSON AND. MEMBERS OF THE 28 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) 29. AWARDING A SINGLE FAMILY REHABILITATION GRANT OF UP TO . 30 $3,612.50 TO JOANN HENDERSON FOR IMPROVEMENTS TO THE 31 PROPERTY LOCATED AT 6257 SW 59TH PLACE. 32 33 CRA 4 -01 -53 34 8. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE 35 SOUTH 'MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) 36 AWARDING A SINGLE FAMILY REHABILITATION GRANT OF UP TO 37 $2,820 TO LEATHA JORDAN FOR IMPROVEMENTS TO THE 38 PROPERTY LOCATED AT 6273 SW 60TH AVENUE. .39 40 CRA 5 -01 -54 41 9. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE 42. SOUTH MIAMI COMMUNITY, REDEVELOPMENT AGENCY (SMCRA) 43 AWARDING A SINGLE FAMILY REHABILITATION GRANT. OF UP TO 44 $2,975 TO ANTOINETTE POITIER FOR IMPROVEMENTS TO THE 45 PROPERTY LOCATED'AT 6040 SW 62m TERRACE. 46 47 Moved by 'Chair Robaina, seconded by Members Russell and 48 Bethel to approve the Consent Agenda. 49 50 There, being no discussion the motion passed by a 6 -0 vote. 51 COMMUNITY REDEVELOPMENT AGENCY 5 MINUTES - March 5, 2001 J 1 Member Wiscombe: Yea 2 Member Russell: Yea 3 Vice Chair Feliu: Yea 4 Member Bowman:. Yea 5 Member Bethel: Yea 6 Member Plummer: Not present 7 Chair Robaina: Yea 8 9 10 11 RESOLUTION(S) 12 (For Public Hearing) 13 14 CRA 6 -01 -55 15 10. , A RESOLUTION OF THE CHAIRPERSON, AND MEMBERS OF THE 16 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) 17 ADOPTING THE "STREETSCAPE DESIGN FOR THE REDEVELOPMENT 18 AREA AND CHURCH STREET" IN CONCEPT. 19 20 Moved by Chair Robaina, seconded by Members Russell and 21 Bethel to approve this item. 22 23 Reverend Russell Harris, Pastor of Mt. Olive Missionary 24 Baptist Church was afforded. an opportunity for comments. He 25 suggested that in the future it would be helpful if 26 administration made it clear to the community whether certain 27 projects were the responsibility of the City or Miami -Miami Dade 28 County. 29 30 Member Plummer emphasized the . importance of the community' s .31 involvement in the process. She encouraged the citizens to 32 attend the CRA meetings to get first hand information. 33 34 At the conclusion of this-discussion this motion passed by a 35 7 -0 vote. 36 37 Member Wiscombe: Yea 38 Member Plummer: Yea 39 Member Russell: Yea 40 Member Bethel: Yea 41 Member Bowman: Yea 42 Vice Chair Feliu: Yea 43 Chair Robaina: Yea 44 45 CRA 7 -01 -56 46. 11. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE 47 SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) 48 APPROVING A CONTRACT FOR SALE AND PURCHASE OF THE 49 PROPERTY LOCATED AT 5825 SW'68 STREET; AUTHORIZING THE 50 EXECUTIVE DIRECTOR AND GENERAL COUNSEL TO EXECUTE ALL COMMUNITY REDEVELOPMENT AGENCY 6 MINUTES - March 5, 2001 1 NECESSARY DOCUMENTS AND PERFORM ALL NECESSARY 2 INSPECTIONS. 3 4 Moved by Chair Robaina, seconded by Members Bethel, Wiscombe 5 and Russell to approve this item. 6 7 Mr. Oravec related this .property's location is directly 8 adjacent to the Murray Park site. This purchase will enhance and 9 make Phase Two of the Murray Park Multipurpose Center the best it 10 can be. This additional land would allow for the construction of 11 the swimming pool. It would further provide an opportunity for 12 the City's Parks and Recreation Department and the CRA to 13 showcase the centerpiece of this neighborhood. The total 14 purchase price for this property is $430,000.00. There is a 15 sixty -day inspection period provision in this contract, which 16 allows for the CRA's termination.of the contract for._any reason. 17. .. 18 General Counsel Dellagloria indicated that the only other 19 issue that needed to be recognized is that there are lessees on 20 the property. However, based on the CRA's time frame this 'is 21 considered a benefit for the CRA to allow them to remain. 22 23 General Counsel Dellagloria asked that Section 1 of the 24 Resolution be amended with the following language . "that the 25 contract for sale and purchase in the form substantially attached 26 —as Exhibit 1 is approved." 27 28 Moved by Member Russell, seconded by Member Wiscombe to. 29 amend the resolution as prescribed by General Counsel. 30 31 At the conclusion of this discussion on the amendment the 32 motion passed by a 7 -0 vote. 33 34 35 36 37 38 39 40 41. Member Wiscombe: Yea Member Plummer: Yea Member Russell: Yea Vice Chair Feliu: Yea Member Bowman: Yea Member Bethel: Yea Chair Robaina: Yea 42 At the conclusion of this discussion on the resolution as.a 43 whole the motion passed by a 7 -0 vote. 44 45 46 47 48 49 50 51 52 Member Wiscombe: Member Plummer: Member Russell: Member Bethel: Member Bowman: Vice Chair Feliu: Chair�Robaina: COMMUNITY REDEVELOPMENT AGENCY. 7 MINUTES - March 5, 2001 Yea Yea Yea Yea Yea Yea Yea 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 51 52 CRA 8 -01 -57 12. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH MIAMI COMMUNITY REDEVELOPMENT AGENCY (SMCRA) AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A LEASE - PURCHASE AGREEMENT WITH MUNICIPAL SERVICES,GROUP, INC. FOR.THE PURCHASE OF A BLUEBIRD "TRANSHUTTLE" BUS FROM FLORIDA TRANSPORTATION SYSTEMS, INC. Moved by Chair Robaina, approve this item. seconded by Member Russell to Mr. Oravec related that staff has been working with the. CRA Advisory Board in order to i.dentify some alternatives to the South Miami Trolley. After an evaluation of the Trolley service staff determined that the Trolley was unable to build ridership for numerous reasons. Staff felt that a larger ridership could be developed if there were a more appropriate usage. The CRA and' the'City of South.Miami through their interaction with the public identified the need for elderly /senior center services, school [magic shuttle], limited park and ride activities, special events transportation and limited park and ride on weekends. To be more cost effective it was determined that the CRA could purchase the vehicle with the City's Parks and Recreation Department providing the driver. The attached resolution authorizes the Executive Director to execute a lease purchase agreement. The purchase.is pursuant to a State contract. The CRA will make, a down payment of approximately $48,000.00, which will be followed by five annual payments of approximately $14,000.00. It will take approximately 180 days to manufacture the vehicle. Funds for the down payment are available in the Trolley Fund. At the conclusion of this discussion the motion passed by a 7 -0 vote. Member Bethel: Yea Member Bowman: Yea Vice Chair Feliu: Yea Member.Russell: Yea Member Plummer: Yea Member Wiscombe: Yea Chair Robaina: Yea CRA 9 -01 -58 13. A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE SOUTH ,MIAMI COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR, THE GENERAL COUNSEL, THE SECRETARY AND THE DIRECTOR OF THE AGENCY TO ESTABLISH A NOT - FOR - PROFIT 501(c)(3) SUPPORT CORPORATION TO RECEIVE AND DISBURSE FUNDS FOR AGENCY PROJECTS; AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS - REGARDING THIS COMMUNITY REDEVELOPMENT AGENCY 8 MINUTES - March 5, 2001 "rd 1 TAX - EXEMPT CORPORATION, ESTABLISHING A BOARD OF 2 DIRECTORS AND OFFICERS OF THE CORPORATION AND APPROVING 3 ARTICLES OF INCORPORATION AND THE BY -LAWS FOR THE 4 CORPORATION. 5 6 Moved by Chair Robaina, seconded by Members Russell and 7 Wiscombe to approve this item.. 8 9 Mr. Oravec explained that this would create a 501( c)3 for 10 the South Miami Community Redevelopment Foundation. This would 11 be a support corporation. He related that there are thousands of 12 grants available that serve to fund the exact same thing that the 13 CRA is trying to accomplish. However, governmental entities do 14 not qualify for the grant funding. 15 16 At the conclusion of this.discussion the motion passed by a 17 7 -0 vote.--- 18 19 Member Wiscombe: Yea 20 Member Plummer: Yea 21 Member Russell: Yea 22 Member Bethel: Yea 23 Member Bowman: Yea 24 Vice Chair Feliu: Yea 25 Chair Robaina: Yea 26 27 PUBLIC REMARKS 28 29 The following individuals were afforded opportunities for 30 comments: Mr. David Tucker, Sr., Antoinette Poiter; Eric McDade 31 from the Corradino Group; Reverend Russell Harris and Reverend 32 William J. Green. 33 34 BOARD REMARKS 35 Each Board member was afforded opportunities for comments. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ADJOURNMENT There, being no further business to come before this Body, the meeting adjourned at 9:28 p.m. Approved Attest CRA Secretary COMMUNITY REDEVELOPMENT AGENCY 9 MINUTES - March 5,,2001 CRA Chair