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HomeMy Public PortalAboutCRA Contract - E.RoyAGREEMENT FOR SERVICES TO BE PROVIDED TO THE CITY OF CRESTVIEW COMMUNITY REDEVELOPMENT AGENCY THIS AGREEMENT FOR SERVICES FOR THE CITY OF CRESTVIEW COMMUNITY REDEVELOPMENT AGENCY (the "Agreement") is entered into as of this 15th of November, 2021, by and between the CITY OF CRESTVIEW COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic, organized under Florida Statutes, Chapter 163, Part III (hereinafter referred to as the "CRA") and Elizabeth M Roy, an individual, whose address is 1239 Jefferyscot Drive, Crestview, Florida 32536, (hereinafter referred to as "Provider."). Collectively, the CRA and Provider may be referred to herein as the Parties. This agreement will commence upon the signing of the agreement by both parties, or January 1, 2022, whichever is later. The CRA desires to engage the services of Provider to provide certain services pursuant to the terms of this Agreement. NOW, THEREFORE, the Parties hereto do hereby mutually agree as follows: 1. SCOPE OF SERVICES A. Crestview Community Redevelopment Agency Provider agrees to implement, administer, coordinate, facilitate, develop and manage all aspects of the current CRA Redevelopment Plan, while coordinating with and reporting all CRA activities to the City of Crestview City Manager/ CRA Administrator. Provider will serve the CRA as the CRA Director as defined in Section 4 herein. Provider will be available to the CRA Board and be accessible to the CRA in all aspects of the delivery of services as part of her duties in the above -mentioned roles. Provider will attend all CRA meetings, unless they have provided notice to the CRA Board and received advance approval of the CRA Board to be absent. Provider will report to the City Manager. Open communication, coordination and reporting will be accomplished as needed by the CRA Board and the City Manager. Provider will be available to travel to required meetings and training within the state of Florida. 1 Provider will work on a part-time basis with hours to be determined by agreement between the City Manager and provider. Provider services also include assisting the CRA Board in furthering the redevelopment objectives of the CRA by conducting periodic needs assessments of the CRA, the redevelopment area and the CRA Plan's ongoing relevancy based on changing aspects of the redevelopment area. This would include informing the CRA Board of trends, social and economic area dynamics, or various concerns or impacts offering possible solutions or enhancement strategies which should include, but are not limited to: o Assessment of Blight and Obstacles to Growth o Redevelopment Momentum and Planning o Destination and Economic Stimulation Provider services shall include the implementation of the CRA Plan and the full execution and capacity building of the CRA Plan's programs and projects according to their designated need, priority and funding appropriation while remaining in compliance with all aspects with the CRA's redevelopment goals and objectives. Provider services shall include facilitation of the CRA Plan to be accomplished by maintaining a streamlined implementation process in a manner that complies with the transparency requirements of the Florida Sunshine Law as it applies to public agencies in the execution of the CRA Plan and demonstration of the CRA Plan's impact on redevelopment goals and objectives. Provider services shall also include the CRA Plan's financial management, with the exception of the calculation of the yearly tax increment financing (herein referred to as "TIF") and billing of taxing authorities for the TIF, which services will be provided by the Finance Director of the City of Crestview. In accordance with Crestview Ordinance 1598, services from Provider 2 shall include, in coordination with the City of Crestview Finance Director, supervision, tracking, control and/or preparation of the CRA's: o Annual Budget and Periodic Budget Amendments o Management of the Trust Fund account o Project/program management o Procurements and encumbrances relating to the CRA o Fund disbursements for the CRA o Contract management for services to the CRA o Grant/resource initiation and management o Policy development and updates to the CRA Board o Volunteer and personnel management on behalf of the CRA o Timely preparation of all required CRA financial reports o Timely preparation and submission of the CRA Annual Report o Records management with submission to City Clerk to ensure records retention and availability to the City's designated Information Officer. Provider shall accomplish the administration, management and coordination of the CRA Plan by directing and conducting all business activities of the CRA Plan on behalf of and as directed by the CRA Board, and as guided by the CRA assurances to the City through the Declaration of Assurances Regarding Management of CRA Funds, as amended by the CRA Board on April 14, 2018, and as Authorized by Ordinance 1598 which was approved by the CRA Board on February 8, 2016, governed by the requirements of the applicable Florida Statutes and best business practices. This will include, but is not limited to: o CRA Plan Modifications o Redevelopment Incentive Strategies o Economic & Workforce Development Strategies o Research and Training o Public Relations/Marketing Campaigns 3 o Investor Development Strategies o Partnership and Investor Relations & Development o Property Enhancement Strategies B.. Additional Duties In addition to the foregoing, the Provider may create and implement plans during the Term of this Agreement, including but not limited to: o CRA Plan Modifications, when appropriate o Compliance with the City of Crestview/CRA Procurement Manual o Creation and compliance with CRA Program Policies o CRA Destination Strategies o Creation of Facade Design o Grants and Sponsorship Development o Conducting Market Research o Assessment of Blight and Obstacles to Growth o Redevelopment Momentum and Planning o Destination and Economic Stimulation o Marketing and Advertising Strategies and Implementation o Implementation and Execution of Plans, Programs and Projects o Public Relations o Redevelopment Incentive Strategies o Economic & Workforce Strategies o Research and Training o Investor Development Strategies o Partnership and Investor Relations and Development o Property Enhancement Strategies 2. COMPENSATION AND EXPENSES Provider shall be compensated for all services rendered under this Agreement based on a flat 4 annual rate in the amount of Thirty -Six Thousand Dollars ($36,000.00). Subject to budget appropriation and prior approval of the CRA Board, the CRA may pay for training or meeting fees and expenses, on a budgeted basis. The Provider shall submit all forms and documentation as required by the City of Crestview procurement and reimbursement process. The CRA/City shall provide to the Director office space, computer. cell phone and other office equipment as needed to be used in the course of business. 3. METHOD OF PAYMENT The CRA shall issue Provider checks on a monthly basis on the 1St of each month, in an amount based on the annual rate in Section 2., above. The CRA will not withhold taxes from these payments, Provider will be responsible for payment of any taxes and no employee or other benefits will accrue or be given, as Provider is providing services as an independent contractor. 4. TERM OF AGREEMENT, MONTHLY REPORTS, RIGHT TO TER1VIINATE a. This Agreement shall be in effect from the date signed by the parties, above, for the term of twenty-four (24) months (herein referred to as "Term"). After twenty-four (24) months, the Agreement may be renewed by the Parties through an express written agreement to renew. Otherwise, this Agreement will terminate automatically after twenty-four (24) months. b. Provider shall submit monthly written reports on its progress in the completion of its obligations and duties described in this Agreement. The CRA Board may use these periodic progress reports to determine whether Provider is performing the Agreement to the satisfaction of the CRA Board. Nothing within this Services Agreement shall prevent, limit, or interfere with or restrict the rights of the CRA Board to terminate services of Provider with one month written notice in the event the City Manager determines, in their sole discretion, that the City Manager for any reason or no reason seeks to terminate this Agreement, that services are not being properly performed by the Provider or that Provider is in default of this Agreement. c. Provider may terminate this Agreement prior to the end of the Term by giving a thirty (30) day written notice to the City Manager of Provider's wish to terminate the Agreement. 5 Before Provider leaves the position through any of the foregoing methods, Provider agrees to assist the CRA Board in providing a new provider with training and status report of CRA matters, including budget, project status and other relevant matters. 5. PROVIDER LICENSES Provider asserts that it has and shall maintain during the full course of this Agreement, all certifications and licenses, if any, required to perform the services described in this Agreement. 6. RELATIONSHIP OF THE PARTIES Nothing contained in this Agreement shall be deemed or construed as creating an employer/employee relationship, a partnership, joint venture, or any other relationship between the parties hereto other than service provider and client, according to the provisions contained herein, nor shall this Agreement or the Provider's performance of services described herein, cause the CRA or City or any employees, officers or agents of the CRA or City to be responsible in any way for the errors, omissions, debts or obligations of Provider, or any other person or party. Nothing in this Agreement is intended to waive the Crestview CRA or City of Crestview's rights of sovereign immunity under the Florida Constitution, common law, or Florida Statute Section 768.28, as such may be amended from time to time. 7. ASSIGNMENT Provider may not assign or transfer its rights, duties, or obligations pursuant to this Agreement to any other entity or person without the express written consent of the City Manager. 9. DISPUTE RESOLUTION Should enforcement of the rights, responsibilities or duties of the Parties set forth in this Agreement result in litigation, including appellate proceedings, the prevailing party shall be entitled to recover all court costs, including reasonable attorneys' fees. The Parties acknowledge that the terms of this Agreement were negotiated at arm's length and that this Agreement was prepared and executed without undue influence exerted by or on any party. This Agreement was drafted jointly by the Parties, and no party is entitled to the benefit of any rules of construction 6 with respect to the interpretation of any terms, conditions or provisions of this Agreement. The location for settlement of any and all claims, controversies, dispute arising out of or relating to any part of this Agreement, or breach hereof, shall be exclusively in Okaloosa County, Florida and nowhere else. The Parties further agree that any controversy arising under this Agreement would involve complicated and difficult factual and legal issues. Therefore, any action brought by one party against the other party, alone or in combination with others, whether arising out of this Agreement or otherwise, shall be determined by a judge sitting without a jury. 10. PUBLIC RECORDS Provider agrees to comply with the Florida Statutes in Chapter 119 regarding public records, as applicable to this Agreement. The CRA reserves the right to unilaterally cancel this Agreement due to Provider's refusal to allow public access to records when such access is required by law. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE PROVIDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 198 N. WILSON STREET, CRESTVIEW, FLORIDA 32536, (850)689-3722. Provider further agrees to: a. Keep and maintain public records required by the CRA to perform the services under this Agreement. b. Upon request from the CRA or City's custodian of public records, provide the CRA and/or City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost as provided by Florida law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Term of the Agreement and following completion of the Agreement if the Provider does not transfer the records to the CRA or City. d. Upon completion of the Agreement, or upon the CRA or City request, transfer, at no 7 cost, to the CRA or City all public records in possession of the Provider, or keep and maintain public records required by the CRA or City to perform the service. If the Provider transfers all public records to the CRA or City upon completion of the Agreement, the Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, the Provider shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA and/or City, upon request from the CRA or City's custodian of public records, in a format that is compatible with the information technology systems of the CRA or City. e. All materials produced during this Agreement by Provider for the CRA during the Term shall be the property of the CRA. Copyright and trademark services are not included for any material produced by Provider for the CRA, but such services are available upon request. 11. ENTIRE AGREEMENT This Agreement contains all of the terms and conditions agreed to by the Parties hereto and can only be amended by a written amendment approved and signed by both Parties. 12. ENFORCABILITY If any provision, or portion thereof, of this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of the Agreement shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS THEREOF, the CRA and Provider have executed this Agreement as of the date shown above. "CRA" "PROVIDER" CITY OF CRESTVIEW COMMUNITY REDEVELOPMENT AGENCY, a public body, corporate and politic Eliabe h M Roy 8 Signature: Email: Signature: Email: Nathan Boyles (Nov 18, 2021 10:03 CST) Nathan Boyles Nathan Boyles nboyles@myokaloosa.com Jonathan Holloway (Nov 18, 2021 10:05 CST) Jonathan Holloway jholloway@okaloosalaw.com