HomeMy WebLinkAboutItem 03 Approval of Contract with Central Florida Strategies for Economic Development and Legislative Affairs Consulting Services OA.
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: January 5, 2021
Item # 3
Reviewed By:
Contact Name: Craig Shadrix, ACM Department Director:
Contact Number: 407-905-3111 City Manager: •
Subject: Approval of Contract with Central Florida Strategies for Econo is Development and
Legislative Affairs Consulting Services:
Background Summary:
In 2017, the City Commission decided to hire Central Florida Strategies (Angel de la Portilla) to fulfill the
role of Economic Development and Legislative affairs liaison on a contract basis. Staff has worked
closely with Mr. de la Portilla during this time and has experienced great success in several project
areas, such as the City's Community Redevelopment Area (CRA), the West Oaks Mall, and multiple
other projects, most recently including his efforts to resolve issues with Lennar homes with Arden Park
and Clarke Road improvements.
After careful consideration and analysis, City staff concludes that this arrangement creates great value
to the City based on several reasons:
1) Hiring an employee to do the same would cost three times the amount;
2) Hiring an employee may/may not have relationships in the industries to be successful;
3) Having extensive working knowledge of the government and private side of land development
along with the financial analytical skills are rare combinations in traditional economic
development professionals.
These reasons are the.basis for continuing the relationship with Central Florida Strategies, which based
on its combined offered skillset could be considered a best source vendor for economic development
and legislative consulting. City staff recommends that the City Commission waive the purchasing code
requirements and authorize the City Manager to execute the attached scope of services with.Central
Florida Strategies for a three-year contract for $60,000/year with 2 additional renewal years.
Issue:
Should the City Commission waive the purchasing code and authorize the City Manager to hire Central
Florida Strategies for economic development and legislative affairs for one year at $60,000 annually,
with up to four additional one-year renewals?
Recommendations:
Staff recommends that the City Commission waive the purchasing code and authorize the City Manager
to hire Central Florida Strategies for economic development and legislative affairs for one year at
$60,000 annually, with up to four additional one-year renewals.
•
Attachments:
Central Florida Strategies Proposal
Financial Impact:
The funding for this contract are in the approved 2020/2021 budget
Type of Item: (please mark with an `x')
Public Hearing For Cleric's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda_
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
X Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. Rebecca Roberts, Finance Director 12/29/2020 N/A
Reviewed by ( ) N/A
2
CLIENT CONSULTING AGREEMENT
THIS CONSULTING AGREEMENT ("Agreement") is entered into as of January 5, 2021 by and
between the City of Ocoee ("Client"), a municipal corporation existing under the laws of the
State of Florida, with its principal place of business at 150 North Lakeshore Drive, Ocoee, FL
34761 and Central Florida Strategies, Inc. (Consultant"), a Florida corporation, with its principal
place of business at 121 S. Orange Avenue, Suite 1500, Orlando, FL 32801.
In consideration of the mutual promises and covenants set forth below (the mutuality,
adequacy and sufficiency of which are hereby acknowledged), the parties hereby agree as
follows:
ARTICLE I -AGREEMENT AND DUTIES
Consulting: During the term of this Agreement, on the terms and conditions hereafter set
forth. Client retains Consulting to provide certain defined services and Consultant agrees to
provide such services.
Scope: On January 3, 2017,the Ocoee City Commission approved item #2, authorizing the City
Manager to hire Consultant to provide services in the areas of economic development and
legislative affairs. Consultant' services ("Services") shall be rendered in accordance with
professional standards and shall be those assigned by the City Manager with duties not limited
to:
1. Promotion of the City to local agencies.
2. Participation in conference and with organizations including:
a. National Association of Industrial Office Properties(NAIOP)
b. Greater Orlando Builder's Association (GOBA)
c. International Council of Shopping Centers(ICSC)
d. Urban Land Institute
3. Project Development to include expanding the City's tax base through annexation.
4.Advocating for City projects at a local and start level.
5. Using resources to advances the City's status and economically including:
a. Funding for projects
b.Attraction of high-end development, and
c. Expertise in putting resources together for moving the City forward.
6. Meeting weekly and providing updates and recommendations to the City Manager and/or the Assistant
City Manager.
7.Assisting the City with State and Local Legislative Matters.
8.Applying expertise citywide including but not limited to the areas of:
a.West Oaks Mall
b.The 429 Corridor
c. Downtown Ocoee
d.Areas within the City's Community Redevelopment Areas, and
e. Coordinating and assisting in the acquisition of real estate properties.
ARTICLE II-COMPENSATION AND PAYMENT TERMS
A monthly fee of$5000.00 shall be paid in monthly installments on the first day of month.
Unless prior approval of the City Manager is obtained, the Scope of Work and responsibilities of
Consultant does not include the following items:
1.Travel Expenses
2.Admission or sponsorship fees for conferences, events, and organizations.
3. Professional,brokerage,and marketing services necessary for negotiation or implementation of actions
recommended by the Consultant.
Any expenses to be incurred by the Consultant shall first be approved in writing by the City Manager and
shall be reimbursed to Consultant following submittal of an expense reimbursement form acceptable to
the City and in accordance with the Florida Prompt Payment Act.
ARTICLE III-TERM AND TERMINATION
Term: The term of this Agreement is approximately through 60 months, beginning on January 5, 2021.
Renewals:This Agreement may be renewed under the same terms for up to four(4) additional automatic
twelve (12) month renewals beginning on January 5, 2021.
Termination: Termination of this Agreement may be with or without cause and may be done by either
party with a 60-day written Notice of Termination.
ARTICLE IV-PUBLIC RECORDS
Public Records. Each party acknowledges that the City is bound by Florida's public records law.Consultant
agrees to comply with public records law in accordance with Chapter 119. F.S and more specifically as
follows:
1. Keep and maintain public records required by the City to perform the service described in this
Agreement.
2. Upon request from the City's custodian of public records, provide the 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 provided in Chapter 119, F.S, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed expect as authorized by law for the duration of the contract term and
following completion of the contract if the Consultant does not transfer the records to the public agency.
4. Upon completion of the contract,transfer at no cost,to the City all public records in possession of the
Consultant or keep and maintain public records required by the City to perform the service. If the
Consultant transfers all public records to the City upon completion of the contract, the Consultant shall
destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Consultant keeps and maintains public records upon completion of the
contract. The Consultant shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the City, upon request from the City's custodian of public
records, in a format that is compatible with the information technology systems of the City.
IF THE CONSULTANT/CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONSULTANTS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, CITY CLERN MELANIE SIBBITT,AT(407)-905-
3100, extension 1026, msibbitt@ocoee.org, mailing address: 150 N. Lakeshore Drive, Ocoee, FL 34761.
ARTICLE V-MISCELLANEOUS
Status: The Consultant shall be deemed an independent contractor for purposes of this Agreement and
in connection therewith. Neither party shall have the authority to bind the other nor shall represent to
third parties that it does have such authority.
Compliance with Law: Both parties shall comply with all federal, state and local laws, regulation, rules,
ordinances and orders of any kind, which are applicable to performance hereunder.
Conflicts: During the term of this Agreement, Consultant may continue to represent other organizations
including private companies, other municipalities and government agencies. Should any matter come
before the City Commission, a City Board, or City staff in which Consultant represent another party,
Consultant shall notify the City and shall not participate in negotiations for either party except as
requested to do so by the City.
Severability: The provisions of this Agreement shall be deemed severable and the invalidity or
enforceability of the other provisions shall not affect the validity and enforceability of the other provisions
hereof. If any provision of this Agreement is unenforceable for any reason whatsoever, such provision
shall be appropriately limited and given effect to the extent that it may be enforceable.
Counterparts: This Agreement may be executed in two or more counterparts, each of which shall be
deeded an original, but all of which together shall constitute one and the same instrument.
Force Majeure: If the performance of this Agreement or any obligation hereunder, except the making of
payments hereunder, is prevented, restricted or interfered with by reason of fire, flood, earthquake,
explosion, or other casualty or accident; strikes or labor disputes, inability to procure parts, supplies or
power; war or other violence; any law, order, proclamation, regulation, ordinance, demand or
requirement of any government agency; or any other act or condition whatsoever beyond the reasonable
control of the affected party, the party so affected shall, upon giving prompt notice to the other party,
shall be excused from such performance to the extent of such prevention, restriction or interference;
provided, however, that the party so affected shall take all reasonable steps to avoid or remove such
causes of nonperformance and shall remove performance hereunder with dispatch whenever such causes
are removed.
Notices: Any notice or communication from one party to the other shall be in writing and shall be
effective,when personally delivered to the party for who intended or the day following deposit when sent
by overnight courier or three (3) days following deposit of the same into the United States mail (certified
mail, postage prepaid and return receipt requested) addressed, to such other party at the address
specified below or such other address as either party may,from time to time, designate in writing to the
other party.All notices and other correspondence directed to Consultant shall be addressed to:
Central Florida Strategies, Inc.
121 S. Orange Avenue,Suite 1500
Orlando, FL 32801
adlp@cflstrategies.com
All notices and other correspondence directed to Client shall be addressed to:
City of Ocoee Manager
150 N. Lakeshore Drive
Ocoee, FL 34761
rfrank@ocoee.org
Legal Action and Entire Agreement:This Agreement shall be enforced and interpreted in accordance with
the laws of the State of Florida.Any action or proceeding brought by either party against the other arising
out of or related to the Agreement shall be brought only in a state or federal court of competent
jurisdiction located in Orange County, in the State of Florida and the parties hereby consent to the
personal jurisdiction of said courts.This Agreement constitutes the entire Agreement between Consultant
and Client with respect to the subject matter herein and shall be binding upon and inure to the benefit of
the parties and their respective heirs, executors, administrators, successors, and assigns. Neither this
Agreement nor any amendment to this Agreement shall be valid unless in writing and duly authorized by
an executive officer of Client and Consultant.
Survivability:The provisions of Article IV(relating to Public Records) and Article V(regarding legal action)
shall survive the expiration or termination of this Agreement, except as expressly stated therein.
IN WITHNESS WHEREOFF, the parties have duly executed this Agreement as of the date first written
above.
CLIENT: City of Ocoee
By: Robert Frank, City Manager
CONSULTANT: Central Florida Strategies, Inc.
By: Angel de la Portilla, President & CEO