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94-21326 Reso ~ RESOLUTION NO. 94-21326 A RESOLU'1'ION OF '1'HE MAYOR AND CI'1'Y COM1l:ISSION OF '1'HE CI'1'Y OF M:IAK:I BEACH, FLOR:IDA AU'1'HORIZ:ING '1'HE MAYOR AND CI'1'Y CLERK '1'0 EXECU'1'E AN AGREEMENT BETWEEN '1'HE CI'1'Y OF M:IAKI BEACH AND RU'1'LEDGE, ECENIA.', UNDERWOOD, PURNELL & HOFFMAN, P.A., GOMEZ BARKER ASSOC:IA'1'ES, INC., AND ROBER'1' M. LEVY & ASSOCIATES, INC. '1'0 PROVIDE LEGISLA'1':IVE AND LOBBY:ING SERVICES FOR '1'HE 1995 AND 1996 FLOR:IDA LEGISLA'1'IVE SESS:IONS AND RELA'1'ED CON8UL'1'ING SERV:ICES ON AN ON-GO:ING BASIS FOR '1'HE PERIOD OF '1'HE AGREEMENT, WHEREAS, on September 8, 1994, the Commission awarded RFP No. 122-93/95, for lobbying and consulting services on the City'S behalf, and to represent the city before State agencies located in Tallahassee, Florida, exclusive of consultation and representation on environmental matters~ and, WHEREAS, the City wishes to retain lobbying and consulting services pursuant to the attached Legislative Services Agreement. NOW, '1'HEREFORE, BE :I'1' DULY RESOLVED BY '1'HE MAYOR AND CITY COM1l:ISS:ION OF '1'HE CI'1'Y OF MIAK:I BEACH, FLORIDA THAT THE MAYOR AND CITY CLERK ARE HEREBY AUTHORIZED TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND RUTLEDGE, !CENIA, UNDERWOOD, PURNELL & HOFFMAN, P.A., GOMEZ BARKER ASSOCIATES, INC., AND ROBERT M. LEVY & ASSOCIATES, INC. TO PROVIDE LEGISLATIVE SERVICES ON BEHALF OF THE CITY FOR THE 1995 AND 1996 FLORIDA LEGISLATIVE SESSIONS AND RELATED CONSULTING SERVICES ON AN ON-GOING BASIS FOR THE PERIOD OF THIS AGREEMENT, PASSED and ADOP'1'ED this 22nd day ATTEST: ~~~~~ C:I'1'Y CLERK FORM APPROVEl> LEGAL DEPT, ., -:r- Cr;> 0IIiI ~- \ \ --=)L C:I'1'Y OF K:IAMI BEACH LEG:ISLA'1':IVE SERV:ICES AGREEMENT '1'H:IS AGREEKEN'1' made and entered into this 1st day of October, 1994, between the C:I'1'Y OF KIAMI BEACH, hereinafter called the C:I'1'Y, a municipal corporation of the state of Florida, and the firms of RU'1'LEDGE, ECEN:IA, UNDERWOOD, PURNELL & HOFFMAN, P.A., GOMEZ BARKER ASSOC:IA'1'ES, :INC., AND ROBER'1' K. LEVY & ASSOC:IA'1'ES, INC., hereinafter called the CONSUL'1'AN'l'. WIT N E SSE T H: In consideration of the promises and mutual covenants hereinafter contained, the parties hereto agree: 1. OBL:IGA'1':IONS OF '1'HE CONSUL'1'AN'l' 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 to make the best use of State programs. B. The CONSULTANT will maintain liaison with the CITY'S legislative delegation and will assist the delegation in any matter which the CITY determines to be in its best interest. 1 C. The CONSULTANT will counsel wi th the CITY regarding appearances by City personnel before state of Florida and sta~e administrative agencies. D. The CONSULTANT will assist the CITY 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 which may have a significant bearing on the CITY policies or programs. E. The CONSULTANT will assist in contacting state agencies on the CITY'S behalf on a mutually agreed upon basis when City funding applications are under consideration by such agencies. F. Payments to the CONSULTANT shall be made by the CITY to the Consultant, Rutledge, Ecenia, Underwood, Purnell & Hoffman, P.A. It shall be the responsibility of the Consultant, Rutledge, Ecenia, Underwood, Purnell & Hoffman, P.A. to distribute such payments to the other firms hereunder, collectively enumerated as CONSULTANT. G. The CONSULTANT will provide the CITY with monthly reports on the first day of each month throughout the term of this Agreement, detailing the CONSULTANT'S activities and 3 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. H. It is agreed upon by the parties hereto, that the Consultant, Rutledge, Ecenia, Underwood, Purnell & Hoffman, P.A., shall assume the lead role with respect to 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, Underwood, 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. OBL:IGA'1':IONS OF '1'HE C:I'1'Y OF M:IAMI BEACH A. The CITY will contract with the CONSULTANT for a period of two years. B. The basic agreement in regard to the 1995 and 1996 Sessions of the Florida Legislature will be for $55,000 3 per year for the 1995 session and $55,000 per year for the 1996 session. Payments will be in advance in equal monthly installments of $4,583.33 payable immediately upon execution of this agreement. Additionally, a legislative expense allowance in the amount of $5,000 is to be paid upon submission of invoices. D. THE CITY will supply the CONSULTANT with the names of persons other than the Mayor and City Commission, 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 issues. E. 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 duplicating 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 . '1'ERM OF AGREElIEN'l' This Agreement shall take effect on the 1st day of October, 1994, and shall terminate on the 30th day of SeDtember, 1996, 4 unless mutually extended by the parties. 4 . '1'ERM:INA'1':ION OF AGREEMENT The CITY retains the right to terminate this Agreement at any time prior to the completion of the WORK without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the CONSULTANT who shall be paid for all WORK performed prior to the date of the receipt of the notice of termination. In no case, 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. If the CONSULTANT is in default under the terms of this Agreement, then 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, paid, or agreed 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. 5 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. CONS'1'RUC'1':ION OF AGREEKEN'1' The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes, and case laws of the State of Florida. 7. AUD:I'1' R:IGH'1'S 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. :INDEKN:IF:ICA'1':ION 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 acting for or on his or their behalf. 6 9 . CONFL:IC'1' OF :INTERES'1' 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 interests, direct or indirect, in this Agreement. The CONSULTANT further covenants that, in the performance of this Agreement, no 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 to any more restrictive law and/or guidelines regarding conflict of interest promUlgated by federal, state or local governments. 10. :INDEPENDENT CONTRAC'1'OR 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 I s Compensation benefits as an employee of the CITY. 11. L:IMI'1'A'1'ION OF L:IAB:ILI'1'Y The CITY desires to enter into this Agreement only if in so 1 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 $55,000. 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 $55,000, less the amount of all funds actually paid by the CITY to CONSULTANT pursuant to this Agreement. Accordingly, CONSULTANT hereby agrees that the City shall not be liable to CONSULTANT for damages in an amount in excess of $55,000 which amount shall be reduced by the amount of 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. 12. ARB:I'1'RAT:ION Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and 8 the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbi trator , then the American Arbi tration Association shall appoint one, Judgment upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order for enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, including any controversy or claim relating to the right to specific performance, shall be settled by litigation and not arbitration. 9 .'" " 1 . . .. :IN W:I'1'NESSE'1'H 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: CONSUL'1'AN'l' ~~ :g~=~' P.A~CENIA, ~~ ~LL BY: ~q&-~~~ GARY R. RUTLEDGE PRESIDENT & ~;&. ~ ~4- ~~ GOMEZ Ba;:,::, ~~ INC. FAUSTO GOMEZ PRESIDENT ~M~ ROB LEVY & ASSOCIATES, INC. Attest: ~L~ ICHARD BROWN CITY CLERK m:RA:km CITY OF MIAMI BEACH - CITY HALL 1700 CONVENTION CENTER ORNE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. ~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: September 22, 1994 FROM: RogerM.Ca~ City Manager SUBJECT: LEG:ISLA'1':IVE SEaV:ICES AGREEMENT AMONG '1'HE C:I'1'Y AND RUTLEDGE, ECEHIA , UNDERWOOD, PURNELL & HOFFMAN, P.A., AND GOMEZ BARKER ASSOC:IA'1'ES, INC., AND ROBER'1' M. LEVY 6& ASSOCIA'1'ES, :INC.'1'O PROV:IDE LOBBYING AND CONSUL'1':ING SERV:ICES FOR '1'HE 1994 AND 1995 LEG:ISLA'1'IVE SESS:ION AND RELA'1'ED CONSUL'1'ING SERV:ICES ON AN ON- GOING BAS:IS FOR '1'HE PER:IOD OF '1'HE AGREEMEN'1' ADlI:IN:IS'1'RAT:ION RECOMMENDA'1'ION: The Administration recommends that the City commission adopt the attached resolution authorizing the Mayor and the City Clerk to execute the Legislative Services Agreement among the City and Rutledge, Ecenia " Underwood, Purnell & HOffman, P,A., and Gomez Barker Associates, Inc., and Robert M. Levy & Associates, Inc. (CONSULTANT) to provide legal and lobbying representation for the 1995 and 1996 legislative sessions and related consulting services on an on-going basis for the duration of this agreement. BACltGROUND: On September 8, 1994, the Commission awarded RFP No, 122-93/95, to the Consultant for lobbying and consulting services on the City's behalf, and to represent the City before State agencies located in Tallahassee, Florida, exclusive of consultation and representation on environmental matters. AHALYS:IS: The agreement shall be as follows: 1. Legal and lobbying representation before the 1995 and 1996 Sessions of the Florida Legislature, and related consulting services on an on-going basis commencing October 1, 1994 for a period of two years 2. Fee is $55,000 per year; expense allowance cannot exceed $5,000 per year for reimbursement for out-of-pocket expenses such as telephone, copying, courier services travel expenses and similar charges '14 AGENDA ITEM -R - 7... L DATE~ Commission Memorandum - September 22, 1994 State Legislative Representation Page 2 3. The CONSULTANT will furnish the City with monthly performance and informational reports regarding their legislative and other activities on behalf of the City 4. The Consultant, Rutledge, ~cenia , Underwood, Purnell & Hoffman, P.A., shall assume the lead role and have primary responsibility for the coordination and performance of the CONSULTANT (firms) and shall assume the primary responsibility for the obligations of the firms under this Agreement. CONCLUS:ION: The City Commission should adopt the attached resolution in order to allow the City to utilize the services of the CONSULTANT with respect to lobbying and conSUlting on the city's behalf in Tallahassee. RMC: km il " 75