2001-24512 RESO
RESOLUTION NO. 2001-24512
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, EXTENDING THE AGREEMENT FOR
LEGISLATIVE SERVICES BETWEEN THE CITY AND
RUTLEDGE, ECENIA, UNDERWOOD, PURNELL &
HOFFMAN, P.A., AND GOMEZ BARKER ASSOCIATES,
INC., AND ROBERT M. LEVY & ASSOCIATES, INC. TO
PROVIDE LOBBYING AND CONSULTING SERVICES
FOR THE 2001/2002 FLORIDA LEGISLATIVE SESSION;
SAID EXTENSION, AS PROVIDED IN THE AGREEMENT,
COMMENCING ON OCTOBER 1, 2001 AND ENDING ON
SEPTEMBER 30, 2002.
WHEREAS, the City is desirous of obtaining lobbying and consulting services
before State agencies located in Tallahassee, Florida for the 2002 State Legislative
Session; and
WHEREAS, on September 22,1999, the Mayor and City Commission awarded
the attached Legislative Services Agreement to Rutledge, Ecenia, Purnell & Hoffman,
P.A.; Gomez Barker Associates, Inc.; and Robert M. Levy & Associates, Inc.
(collectively, the Consultant) for the term commencing on October 1, 1999, through
September 30, 2001, with a provision therein stating that the term of the Agreement could
be extended by mutual agreement of the parties; and
WHEREAS, the term of the Agreement was for an annual fee of $85,000,
inclusive of reimbursable expenses, in the amount of $5,000; and
WHEREAS, on July 2, 2001, the Administration and the Consultant mutually
agreed to extend the agreement for the term commencing on October 1, 2001, through
September 30, 2002; and
WHEREAS, the Consultant has performed very satisfactorily and has
effectively produced results for the City by achieving desired legislation, and has assisted
with the processing of significant grants; and
WHEREAS, the Administration now recommends that the Mayor and City
Commission extend the Agreement for one additional year, for the term commencing on
October 1,2001, through September 30, 2002; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
Mayor and City Commission herein approve an extension of the attached Professional
Services Agreement for State Legislative Services with Rutledge, Ecenia, Purnell &
Hoffman, P.A., and Gomez Barker Associates, Inc., and Robert M. Levy & Associates,
Inc., in the total amount of $85,000, to provide governmental representation and
consulting services in Tallahassee, Florida on an on-going basis for the period from
October 1, 2001, through September 30, 2002.
PASSED and ADOPTED this 18th
day ofJuly, 2001.
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Mayor
ATTEST:
-~wU aA-J)l~L
City Clerk
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
7- 1/- Of
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http:\\ci.miami-beach.f!.us
COMMISSION MEMORANDUM NO. lfS-f(- 0 /
FROM:
Mayor Neisen O. Kasdin and
Members of the City c~om<miSS,ion .
Jorge M. Gonzalez
City Manager
DATE: July 18, 2001
TO:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE AGREEMENT
FOR LEGISLATIVE SERVICES BETWEEN THE CITY AND RUTLEDGE,
ECENIA, UNDERWOOD, PURNELL & HOFFMAN, P.A., AND GOMEZ
BARKER ASSOCIATES, INC., AND ROBERT M. LEVY & ASSOCIATES,
INC. TO PROVIDE LOBBYING AND CONSULTING SERVICES FOR THE
2001/2002 FLORIDA LEGISLATIVE SESSION, SAID EXTENSION, AS
PROVIDED IN THE AGREEMENT, COMMENCING ON OCTOBER 1, 2001
AND ENDING ON SEPTEMBER 30, 2002.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
On September 23, 1998, the City Commission awarded a two-year contract to Rutledge, Ecenia,
Underwood, Purnell & Hoffman, P .A., and Gomez Barker Associates, Inc., and Robert M. Levy &
Associates, Inc. (jointly, "the Consultant") for lobbying at the State level and consulting services on
the City's behalf, and to represent the City before State agencies located in Tallahassee, Florida. The
term of the contract was for the term of October I, 1998 through September 30, 1999, with an option
to renew. On September 22, 1999, the Commission extended the contract for the term of October
1, 1999 through September 30, 2001, in the amount of $85,000. This memorandum recommends an
additional extension of the contract for one additional year from October 1, 200 I through September
30,2002, for the same amount of $85,000 per year, inclusive ofthe legislative expense allowance
in the amount of$5,000 per year.
The scope of services remains the same during the extension period, as delineated in the attached
Professional Services Agreement. City staff has met with the consultants to formulate the initial list
of legislative priorities for FY2002. Over the next few months, the consultants will continue to work
with the City to make necessary adjustments to the agenda as the 2002 Legislative Session nears.
CONCLUSION:
The Administration recommends that the City Commission adopt the attached resolution.
. JMG:~~
F:\DDHP\SALL\KEVIN\LEGISLA TlVE\ST ATE\2002 SESSI0N\2002 CONTRACT EXTENSION,DOC
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, Agenda Item C7.J
Date 7-/g'-O/
Attachment
CITY OF MIAMI BEACH
LEGISLATIVE SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 1st day of October, 1999, between
the CITY OF MIAMI BEACH, hereinafter called the CITY, a municipal corporation of the
state of Florida, and the firms of RUTLEDGE, ECENIA, PURNELL & HOFFMAN, P.A.,
GOMEZ BARKER ASSOCIATES, INC., AND ROBERT M. LEVY & ASSOCIATES, INC.,
hereinafter called the CONSULTANT.
WIT N E SSE T H:
In consideration of the promises and mutual covenants hereinafter contained,
the parties hereto agree:
1. OBLIGATIONS OF THE CONSULTANT
A. The CONSULTANT will confer with the Mayor and the City Commission: the
City Attorney; the City Manager, and other such City personnel as the City
Manager may designate at the times and places mutually agreed to by the
City Manager and the CONSULTANT on all organizational planning and
program activity which has a bearing on the ability of the CITY make the best
use of State programs.
B. The CONSULTANT will maintain liaison with the CIlT"S legislative
delegation and will assist the delegation in any matter which the CITY
determines to be in its best interest.
C. The CONSULTANT will counsel with the CIlT' regarding appearances by
City personnel before State of Florida and State administrative agencies and
will assist the City and its personnel in negotiations with administrative
agencies concerning City projects requiring State assistance and
cooperation.
D. The CONSULTANT will assist the CIlT' in the review of executive proposals,
legislation under consideration, proposed and adopted administrative rules
and regulations and other developments for the purpose of advising the CITY
of those items mutually agreed upon may have a significant bearing on the
CITY policies or programs.
E. The CONSULTANT will communicate and coordinate with other lobbyists
representing interests which are consistent with those of the CIlT' in
obtaining the goals and objectives of the CIlT'.
F. The CONSULTANT will assist in contacting State agencies on the CIlT"S
behalf on a mutually agreed upon basis when City funding applications are
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under consideration by such agencies.
G. Payments to the CONSULTANT shall be made by the CITY to the
Consultant, Rutledge, Ecenia, Purnell & Hoffman, PA It shall be the
responsibility of the Consultant, Rutledge, Ecenia, Purnell & Hoffman, PA
to distribute such payments to the other firms hereunder, collectively
enumerated as CONSULTANT.
H. The CONSULTANT will provide the CITY with monthly reports on the first
day each month throughout the term of this Agreement, detailing the
CONSULTANT'S activities and legislative services provided on behalf of and
for the benefit of the CITY in the previous month. Such report shall include,
but not be limited to, the names and extent of the participation of the
individual members of the CONSULTANT'S firm, as well as any other
participants in this Agreement who are not a part of the CONSULTANT'S
firm, and the particular services provided by them for the month addressed
in the report. Consultant will provide interim reports on as needed basis
addressing matters of City's involvement, concerns, interest and particular
projects identified for pursuance on behalf of the City.
I. It is agreed upon by the parties hereto, that the Consultant, Rutledge,
Ecenia, Purnell & Hoffman, P.A., shall assume the lead role with respect to
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the coordination and provision of the services contemplated by this
Agreement, and with regard to the relationship contemplated herein between
the CITY and the CONSULTANT. Accordingly, the Consultant, Rutledge,
Ecenia, Purnell, & Hoffman, P.A., shall assume the primary responsibility for
the coordination and performance of the CONSULTANT pursuant to its
obligations under this Agreement.
2. OBLIGATIONS OF THE CITY MIAMI BEACH
A. The CITY will contract with the CONSULTANT for a period of two years with
an option to renew.
B. The basic agreement in regard to the 2000 and 2001 Sessions of the Florida
Legislature will be for $80,000 per year. Payments will be in advance in
equal monthly installments of$6,666.66 payable immediately upon execution
of this agreement. Additionally, a legislative expense allowance in the
amount of $5,000 per year is to be paid upon submission of invoices.
C. The CITY will supply the CONSULTANT with the names of persons other
than the Mayor and City Comr:nission, the City Manager and the City Attorney
who are authorized to request services from the CONSULTANT and the
person(s) to which the CONSULTANT should respond regarding specific
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issues.
D. The CITY will reimburse the CONSULTANT for reasonable out-of-pocket
disbursements incurred by the CONSULTANT in connection with the above
services for out of town travel expenses, specifically authorized by the CITY
and the necessary entertainment, long distance telephone calls, and
duplication expenses. The CONSULTANT hereby agrees to provide to the
CITY copies of all receipts, with written explanation, for any out-of-pocket
disbursements that are to be reimbursed by the CITY.
3. TERM OF AGREEMENT
This Agreement shall take effect on the 1st day of October, 1999, and shall
terminate on the 30th day of September, 2001, unless mutually extended by
the parties.
4. TERMINATION OF AGREEMENT
The CITY retains the right to terminate this Agreement at any time prior to the
completion of the WORK without p~nalty to the CITY. In that event, notice of this
termination shall be in writing to the CONSULTANT who shall be paid for all WORK
perfonmed prior to the date of the receipt of the notice of termination. In no case,
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however, will the CITY pay the CONSULTANT an amount in excess of the total sum
provided by this Agreement. It is hereby understood by and between the CITY and
the CONSULTANT that any payment made in accordance with this Section to the
CONSULTANT shall be made only if said CONSULTANT is not in default under the
terms of this Agreement, in which event (default) the CITY shall, in no way, be
obligated and shall not pay to the CONSULTANT any sum whatsoever.
5. AWARD OF AGREEMENT
The CONSULTANT warrants that it has not employed or retained any company or
persons to solicit or secure this Agreement and that it has not offered to pay, any
person or company any fee, commission, percentage, brokerage fee, or gifts of any
kind contingent or resulting from the award of making this Agreement.
The CONSULTANT is aware of the conflict of interest laws in the City of Miami
Beach, Dade County, Florida (Dade County Code, Section 2-11.1) and the Florida
Statutes, and agrees that they will fully comply in all respects with the terms of said
laws.
6. CONSTRUCTION OF AGREEMENT
The parties hereto agree that this Agreement shall be construed and enforced
6
according to the laws, statutes, and case laws of the State of Florida.
7. AUDIT RIGHTS
The CITY reserves the right to audit the records of the CONSULTANT at any time
during the performance of this Agreement and for a period of one year after final
payment is made under this Agreement.
8. INDEMNIFICATION
The CONSULTANT shall defend, indemnify and save the CITY harmless from and
against any and all claims, liabilities, losses, and causes of action which may arise
out of the CONSULTANT'S activities under this Agreement, including all other acts
or omissions to act on the part of the CONSULTANT or any of them, including any
person action for or on his or their behalf.
9. CONFLICT OF INTEREST
The CONSULTANT covenants that no person under its employ who presently
..'
exercises any functions or responsibilities in connection with this Agreement has
any conflicting personal financial interest, direct or indirect, in this Agreement. The
CONSULTANT further covenants that, in the performance of this Agreement, no
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person having such conflicting interest shall be employed. Any such interests on
the part of the CONSULTANT or its employees, must be disclosed, in writing, to the
CITY. The CONSULTANT, in performance of this Agreement, shall be subject of
any more restrictive law and/or guidelines regarding conflict of interest promulgated
b y federal, state or local governments.
10. INDEPENDENT CONTRACTOR
It is agreed that the CONSULTANT and its employees and agents shall be deemed
to be an independent contractor, and not an agent or employee of the CITY, and
shall not attain any rights or benefits under the Civil Service or Pension Ordinance
of the CITY, or any rights generally afforded classified or unclassified employees;
further, he/she shall not be deemed entitled to Florida Worker's Compensation
benefits as an employee of the CITY.
11. LIMITATION OF LIABILITY
The CITY desires to enter into this Agreement only if in so doing the CITY can place
a limit on 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 $80,000. CONSULTANT hereby expresses its
willingness to enter into this Agreement with CONSULTANT'S recovery from THE
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CITY for any damage action for breach of contract to be limited to a maximum
amount of $80,000 which amount shall be reduced by the amount for the funding
actually paid by the CITY to CONSULTANT pursuant to this Agreement, for any
action or claim for breach of contract arising out of the performance or
nonperformance of any obligations imposed upon the CITY by this Agreement.
Nothing contained in this subparagraph 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.
Any litigation which arises out of this Agreement shall take place in the Court of
Appropriate Jurisdiction in Dade County, Florida.
...
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IN WITNESSETH WHEREOF, the parties hereto have caused these presents to
be executed by the respective officials thereunto duly authorized this day and year first
written above.
Witness:
CONSULTANT
RUTLEDGE, ECENIA,
PURNELL & HOFFMAN, P.A.
'''-"'- Y: c- VQ \? ~-----
..' GARY R. RUTLEDGE, PRESIDENT
GOMEZ BARKER ASSOCIATES, INC.
BY: t -r ~ Ms-s-
FAUSTO GOMEZ, PRESIDENT
BY:
ROBERT M.
, DIRECTOR
A nEST:
CITY OF MIAMI BEACH, a municipal
corporation of the State of Florida
Uw~~
ROBERT PARCHER
CITY CLERK
BY:
1!~
NEISEN O. KASDIN
MAYOR
CMC/kc
APPROVED PS TO
FORM & lANGUAGE
& FOR EXECUTION
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