Community Redevelopment Associates of Fla, Inc.~o~~-
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND COMMUNITY REDEVELOPMENT ASSOCIATES OF FLORIDA, INC.
FOR THE PROVISION OF
PROFESSIONAL CONSULTING SERVICES AND PREPARATION OF
THE CITY'S CONSOLIDATED PLAN FOR FEDERAL FUNDS FOR
FISCAL YEARS 2008/09 - 2012/13
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THIS AGREEMENT made and entered into this /'~ ~' day of ~t ~`~ , 2008, by
and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), a
municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami
Beach, Florida, 33139, and COMMUNITY REDEVELOPMENT ASSOCIATES OF
FLORIDA, INC., a Florida corporation, whose address is 8569 Pines Boulevard, Suite 201,
Pembroke Pines, FL 33024 (hereinafter referred to as Consultant).
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant.
City Manager: The Chief Administrative Officer of the City.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to
be an independent Consultant, and not an agent or employee of the
City.
Services: All services, work and actions by the Consultant performed pursuant
to or undertaken under this Agreement, as described in Section 2.
Fee: Amount paid to the Consultant to cover the costs of the Services.
Proposal Documents: "Proposal Documents" shall mean REQUEST FOR PROPOSALS
RFP #12-07 / 08 PROFESSIONAL CONSULTING SERVICES TO PREPARE A
CONSOLIDATED PLAN FOR FEDERAL FUNDS FOR FISCAL YEAR 2008/9 - 2012/13
issued by the City in contemplation of this Agreement together with all amendments
thereto, if any, and the Consultant's proposal in response thereto (Proposal) which is
incor orated b reference in this A reement and made a art hereof rovided however
that in the event of an express conflict between the Proposal documents and this
A reement this A reement shall revail.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139, telephone number
(305) 673-7000, Ext. 6435, and fax number (305) 673-7023
SECTION 2
SCOPE OF WORK
The scope of work to be performed by Consultant is set forth in Exhibit "A", entitled "Scope
of Services" (Services).
SECTION 3
COMPENSATION
3.1 FIXED FEE
Consultant shall be compensated for the Services, as set forth in Section 2 and
Exhibit "A", in an amount not to exceed Thirty Five Thousand Dollars ($35,000).
3.2 INVOICING
Consultant shall submit an invoice upon completion and delivery to the City of the
Community Development 2008-2012 Consolidated Plan.
3.3 METHOD OF PAYMENT
Payments shall be made for Services satisfactorily rendered within thirty (30) days of
the date of invoice, in a manner satisfactory to, and as approved and received by, the City.
Consultant shall mail all invoices to:
City of Miami Beach
Housing and Community Development Division
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Anna Parekh, Director
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SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise that
degree of skill, care, efficiency and diligence normally exercised by recognized
professionals with respect to the performance of comparable Services. In its performance
of the Services, the Consultant shall comply with all applicable laws, ordinances, and
regulations of the City, Miami-Dade County, State of Florida, and Federal Government.
4.2 PUBLIC ENTITY CRIMES
A State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a)
Florida Statute on Public Entity Crimes shall be filed with the City's Procurement Division,
prior to commencement of the Services herein.
4.3 DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall commence upon execution of this Agreement by
all parties and shall terminate on August 5, 2008, unless Services are extended in writing
by the mutual agreement of the parties.
4.4 TIME OF COMPLETION
Time is of the essence in this Agreement. Consultant shall complete the Services
contemplated herein on or before August 5, 2008.
Upon failure of Consultant to substantially complete the Services within the specified
period of time, Consultant shall pay to the City the sum of $3,500.00 for each calendar day
after the date herein specified. These amounts are not penalties but are liquidated
damages to City for its inability to produce and submit a timely Consolidated Plan.
Liquidated damages are hereby fixed and agreed upon between the parties, recognizing
the impossibility of precisely ascertaining the amount of damages that will be sustained by
City as a consequence of such delay, and both parties desiring to obviate any question of
dispute concerning the amount of said damages and the cost and effect of the failure of
Consultant to complete the Services on time.
City is authorized to deduct liquidated damages from monies due to Consultant for
the Services under this Agreement or as much thereof as City may, in its sole discretion,
deem just and reasonable.
4.5 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities,
losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic
or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which
may arise or be alleged to have arisen from the negligent acts, errors, omissions or other
wrongful conduct of the Consultant, its employees, agents, sub-consultants, or any other
person or entity acting under Consultant's control, in connection with the Consultant's
performance of the Services pursuant to this Agreement; and to that extent, the Consultant
shall pay all such claims and losses and shall pay all such costs and judgments which may
issue from any lawsuit arising from such claims and losses, and shall pay all costs and
attorneys' fees expended by the City in the defense of such claims and losses, including
appeals.
The parties agree that one percent (1 %) of the total compensation to the Consultant
for performance of the Services under this Agreement is the specific consideration from the
City to the Consultant for the Consultant's Indemnity Agreement.
The Consultant's obligation under this Subsection shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and
against any actions or claims which arise or are alleged to have arisen from negligent acts
or omissions or other wrongful conduct of the City and its officers, employees and agents.
The parties each agree to give the other party prompt notice of any claim coming to its
knowledge that in any way directly or indirectly affects the other party.
4.6 TERMINATION, SUSPENSION AND SANCTIONS
4.6.1 Termination for Cause
If the Consultant shall fail to fulfill in a timely manner, or otherwise violate any
of the covenants, agreements, or stipulations material to this Agreement, the City shall
thereupon have the right to terminate this Agreement for cause. Prior to exercising its
option to terminate for cause, the City shall notify the Consultant of its violation of the
particular terms of this Agreement and shall grant Consultant seven (7) days to cure such
default. If such default remains uncured after seven (7) days, the City, upon three (3)
days' notice to Consultant, may terminate this Agreement and the City shall be fully
discharged from any and all liabilities, duties and terms arising out of/or by virtue of this
Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to
the City for damages sustained by the City by any breach of the Agreement by the
Consultant. The City, at its sole option and discretion, shall additionally be entitled to
bring any and all legal/equitable actions that it deems to be in its best interest in order to
enforce the City's right and remedies against the defaulting party. The City shall be
entitled to recover all costs of such actions, including reasonable attorneys' fees. To the
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extent allowed by law, the defaulting party waives its right to jury trial and its right to bring
permissive counter claims against the City in any such action.
4.6.2 Termination for Convenience of City
NOTWITHSTANDING SECTION 4.6.1, THE CITY MAY ALSO, FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE
TERM HEREOF BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH
TERMINATION, WHICH SHALL BECOME EFFECTIVE SEVEN (7) DAYS FOLLOWING
RECEIPT BY THE CONSULTANT OF THE WRITTEN TERMINATION NOTICE. IN
THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND OTHER
MATERIALS, AS DESCRIBED IN SECTION 2 AND IN EXHIBIT "A", SHALL BE
PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONSULTANT'S SOLE
COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY AS
PROVIDED IN THIS SUBSECTION, CONSULTANT SHALL BE PAID FOR ANY
SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BY THE CITY AT ITS
DISCRETION, UP TO THE DATE OF TERMINATION. PROVIDED, HOWEVER, THAT
AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONSULTANT SHALL
DELIVER ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY, AS REQUIRED
HEREIN.
4.6.3 Termination for Insolvency
The City also reserves the right to terminate the Agreement in the event the
Consultant is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for the
parties shall be the same as provided for in Section 4.6.2.
4.6.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination
provisions of this Agreement, the City shall impose such sanctions as the City, Miami-
Dade County, and / or the State of Florida, as applicable, may determine to be
appropriate, including but not limited to, withholding of payments to the Consultant
under the Agreement until the Consultant complies and/or cancellation, termination or
suspension of the Agreement. In the event the City cancels or terminates the
Agreement pursuant to this Subsection the rights and obligations of the parties shall be
the same as provided in Section 4.6.2.
4.7 CHANGES AND ADDITIONS
Changes and additions to the Agreement shall be directed by a written
amendment signed by the duly authorized representatives of the City and Consultant. No
alteration, change, or modification of the terms of this Agreement shall be valid unless
amended in writing, signed by both parties hereto, and approved by the City Commission of
the City.
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4.8 OWNERSHIP OF DOCUMENTS
All documents prepared by the Consultant pursuant to this Agreement are
related exclusively to the Services described herein, and are intended or represented for
ownership by the City. Any reuse, distribution, or dissemination of same by Consultant,
other than to the City, must be first approved in writing by the City.
4.9 INSURANCE REQUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement
until all insurance required under this Section has been obtained and such insurance has
been approved by the City's Risk Manager. The Consultant shall maintain and carry in full
force during the term of this Agreement the following insurance:
1. Consultant General Liability, in the amount of $1,000,000, naming the City of Miami
Beach, Florida, as an additional insured.
2. Consultant Professional Liability, in the amount of $200,000, naming the City of
Miami Beach, Florida, as an additional insured.
3. Workers Compensation & Employers Liability, as required pursuant to Florida
Statutes.
4. The insurance must be furnished by insurance companies authorized to do
business in the State of Florida and approved by the City's Risk Manager.
5. Original certificates of insurance for the above coverage must be submitted to the
City's Risk Manager for approval prior to any work commencing. These certificates
will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall.
6. The Consultant is solely responsible for obtaining and submitting all insurance
certificates for its sub-consultants.
All insurance policies must be issued by companies authorized to do business under
the laws of the State of Florida. The companies must be rated no less than "B+" as to
management and not less than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent,
subject to the approval of the City's Risk Manager. Compliance with the foregoing
requirements shall not relieve the Consultant of the liabilities and obligations under this
Section or under any other portion of this Agreement, and the City shall have the right to
obtain from the Consultant specimen copies of the insurance policies in the event that
submitted certificates of insurance are inadequate to ascertain compliance with required
overage.
4.9.1 Endorsements
All of Consultant's certificates, above, shall contain endorsements providing that
written notice shall be given to the City at least thirty (30) days prior to termination,
cancellation or reduction in coverage in the policy.
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4.9.2 Certificates
Unless directed by the City otherwise, the Consultant shall not commence any
services pursuant to this Agreement until the City has received and approved, in writing,
certificates of insurance showing that the requirements of this Section (in its entirety) have
been met and provided for.
4.10 ASSIGNMENT, TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this
Agreement in whole or in part, without the prior written consent of the City.
4.11 SUB-CONTRACTORS
The Consultant shall be liable for the Consultant's services, responsibilities
and liabilities under this Agreement and the services, responsibilities and liabilities of
any and all sub-contractors, and any other person or entity acting under the direction or
control of the Consultant. When the term "Consultant" is used in this Agreement, it shall
be deemed to include any sub-contractors and any other person or entity acting under
the direction or control of Consultant. All sub-contractors must be approved in writing by
the City prior to their engagement by Consultant.
4.12 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant shall
not discriminate against any employee or applicant for employment because of race,
color, religion, ancestry, sex, age, and national origin, place of birth, marital status,
physical handicap, or sexual orientation. The Consultant shall take affirmative action to
ensure that applicants are employed and that employees are treated during their
employment without regard to their race, color, religion, ancestry, sex, age, national
origin, place of birth, marital status, disability, or sexual orientation...
4.13 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan
Miami-Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by the
City of Miami Beach Charter and Code, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirectly which should conflict in any manner or degree
with the performance of the Services. The Consultant further covenants that in the
performance of this Agreement, no person having any such interest shall knowingly be
employed by the Consultant. No member of or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or to any benefits arising
therefrom.
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4.14 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all
information, specifications, processes, data and findings, shall be made available to the
City for public use.
No reports, other documents, articles or devices produced in whole or in
part under this Agreement shall be the subject of any application for copyright or patent
by or on behalf of the Consultant or its employees orsub-contractors, without the prior
written consent of the City.
4.15 NOTICES
All notices and communications in writing required or permitted hereunder
may be delivered personally to the representatives of the Consultant and the City listed
below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to
an address outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO CONSULTANT: COMMUNITY REDEVELOPMENT ASSOCIATES OF
FLORIDA, INC.
Attn: Martin Larsen President/CEO
8569 Pines Blvd., Ste. 201
Pembroke Pines, FI 33024
954-431-7866 x17
TO CITY: City of Miami Beach
Attn: Anna Parekh, Director
Housing & Community Development Division
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7000, Ext. 6471
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch, on
the day following the date mailed; and if mailed to an address outside the city of dispatch
on the seventh day following the date mailed.
8
4.16 LITIGATION JURISDICTION/VENUE
This Agreement shall be enforceable in Miami-Dade County, Florida, and if
legal action is necessary by either party with respect to the enforcement of any or all of
the terms or conditions herein, exclusive venue for the enforcement of same shall lie in
Miami-Dade County, Florida.
BY ENTERING INTO THIS AGREEMENT, THE CONSULTANT AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
4.17 ENTIRETY OF AGREEMENT
This writing and the Services embody the entire Agreement and
understanding between the parties hereto, and there are no other agreements and
understandings, oral or written with reference to the subject matter hereof that are not
merged herein and superceded hereby. The Services and the Proposal Documents are
hereby incorporated by reference into this Agreement.
4.18 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a
limit on the City's liability for any cause of action for money damages due to an alleged
breach by the City of this Agreement, so that its liability for any such breach never
exceeds the sum of $35,000. Consultant hereby expresses its willingness to enter into
this Agreement with Consultant's recovery from the City for any damage action for breach
of contract to be limited to a maximum amount of $35,000.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to the Consultant for damages in
an amount in excess of $35,000 for any action or claim for breach of contract arising out
of the performance ornon-performance of any obligations imposed upon the City by 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 City's liability as set forth in
Section 768.28, Florida Statutes.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
B ~ ~ ~L ~
Y•
City Clerk M or
FOR CONSULTANT: COMMUNITY REDEVELOPMENT ASSOCIATES OF
FLORIDA, INC.
ATTEST'
/f ' ~.
~Y
S etarl~
~ ~ _--~
Print N me
Attachment: Exhibit "A"
Martin Larsen
Print Name
APPROVED AS TO
FORM & LANGUAGE
g~ FOR,E,XECUTION
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m MIAMIBEACH
Interoffice Memorandum
To: Robert Parcher Date: June 9, 2007
City Clerk
Via: Hilda M. Fernandez, Assistant City Manager
From: Anna Parekh, Director
Housing and Community Development Division
subject: Professional Services Agreement -Consultant for Consolidated Plan
Pursuant to Resolution No. 2008-26777, attached are three original Professional Services Agreements
between the City and Community Redevelopment Associates of Florida, Inc. for the Provision of Services and
Preparation of the City's Consolidated Plan for FY 2008/09 - 2012/13, which have been form approved by the
City Attorney, signed by the outside party, and are ready to be fully executed by you and by the Mayor.
Please call me if you have any questions. Otherwise, let me know when the documents are fully executed so
that we can pick them up.
Thank you.
HMF/AP
F:\neig\HSG-CDWNNA\Memos\Memo City Clerk.doc