Loading...
RESOLUTION 87-19103 RESOLUTION NO. 87-19103 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 87-18903 DEALING WITH A LEGISLATIVE SERVICES AGREEMENT AND SUBSTITUTING THE FIRM OF KATZ, KUTTER, HAIGLER, ALDERMAN, EATON AND DAVIS, P.A. FOR SWANN AND HADDOCK, P.A. WHEREAS, Resolution No. 87-18903 , passed and adopted by the City Commission of the City of Miami Beach, Florida, on July 15, 1987, authorizes the attached Legal Services Agreement between the City of Miami Beach and the law firm of Swann and Haddock, P.A. for representation of the City before State agencies situated in Tallahassee, Florida; and WHEREAS, members of the Tallahassee office of the law firm of Swann and Haddock, P.A. , who have handled that firm' s representation of the City of Miami Beach in legislative matters pursuant to the attached Legislative Services Agreement have withdrawn from Swann and Haddock, P.A. to form a new firm; to wit, Katz , Kutter, Haigler, Alderman, Eaton and Davis, P.A. in Tallahassee; and WHEREAS, the City wishes to retain Katz, Kutter, Haigler, Alderman, Eaton and Davis, P.A. to continue providing services as specified in the attached Legislative Services Agreement according to the terms and conditions set forth therein. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Resolution No. 87-18903 be amended to substitute the firm of KATZ , KUTTER, HAIGLER, ALDERMAN, EATON AND DAVIS, P.A. for SWANN AND HADDOCK, P.A. and that all other matters contained within Resolution No. 87-18903 are hereby incorporated and readopted herein. PASSED AND ADOPTED this 2nd day of December 1987 . ifrec 44, L YOR ATTEST: &"0-10ft:€ o )? City Clerk FORM APPROVED: Legal Department Attachment AMW/SWS/bcg 11/87 Olc vavite 6,444 .�"' l ► FLORIDA fi . 3 3 1 3 9 • )1' VA CA TlONL A ND U. S. A. '' OFFICE OF THE CITY MANAGER ROB MV.PARKINS CITY HALL CITY MANAGER 1700 CONVENTION CENTER DRIVE TELEPHONE: 673.7010 COMMISSION MEMORANDUMI NO, DATE: ily 1 5, 1987 TO: Mayor Alex Da. . • • Members o i e City Commi • gi FROM: IF /�'°- Rob W. Pa ins CityManager ager , SUBJECT: SWANN & HADDOCK Swann & Haddock is proposing to represent the City of Miami Beach's interests in nTallanassee1ncluslve of the Legislature, the Cabinet and various agencies of StateGovernment. The firm enjoys a State-wide presence and would have four individuals with government experience assigned to work with the City. In addition to the firm's re • presentativeS, former Representative assisting with matters unrelated Barry Kutun to the Legislature. Total fees requiredwould be be provided would be $ o,000 for the ' per year plus expenses with Mr. Kutun's services to fee being $12,500. ADMINISTRATION RECOMMENDATION: In light of the broad base - y the firmof experience and support available of Swann & Haddock, it is r PP to the City of Miami Be recommended that the Mayor or be cutch a contract engaging the firm. Y authorized to execute a R W P:g jg CITY OF MIAMI BEACH LEGISLATIVE SERVICES AGREEMENT THIS AGREEMENT made and entered into this 1.r day of August , 1987, between the CITY OF MIAMI BEACH, hereinafter called THE CITY, a municipal corporation of the State of Florida, and the firm of SWANN AND HADDOCK, P.A., hereinafter called THE CONSULTANT. WITNESSETH: In consideration of the premises and mutual covenants hereinafter contained, the parties hereto agree: 1. OBLIGATIONS OF THE CONSULTANT A. THE CONSULTANT will confer with the Mayor, the City Commission, 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. ti C. THE CONSULTANT will counsel with THE CITY regarding g g appearances by City personnel before State of Florida and State 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 g applications are under consideration by such agencies. -1- 2. OBLIGATIONS OF THE CITY OF MIAMI BEACH A. THE CITY will contract with THE CONSULTANT for a period of one year. B. The basic retainer agreement will be for $52,500 per year. Payments will be in advance in equal monthly installments of $4,375 payable immediately upon execution of the agreement. C. THE CITY will supply THE CONSULTANT with the names of persons other than the Mayor and the City Manager who are authorized to request services from THE CONSULTANT and the person(s) to which THE CONSULTANT should respond regarding specific 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 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. TERMINATION OF CONTRACT 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 CITYP ay 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. 4. 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. -2- 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 agree that they will fully comply In all respects with the terms of said laws. S. CONSTRUCTION OF AGREEMENT 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. 6. 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. 7. INDEMNIFICATION THE CONSULTANT shall 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. S. CONFLICT OF INTEREST THE CONSULTANT convenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any 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 the performance of this Agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state, or local government. 9. 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. -3- THIS AGREEMENT shall take effect on the 1st day of August , 1987. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized, this day and year first above written. Witness: CONSULTANT SWANK AND HADDOCK, P.A. By: " D Liam D. Rubin Attest: CITY OF MIAMI BEACH, a municipal corporation of the State of Florida 646A/ By: a,""/ CITY CLERK 7(vy�i� Alex Daoud, yor rJrM APPROVED LEGAL DE1L By ' hip,ra-x Date -14 :**) -4- ORIGINAL RESOLUTION NO. 87-19103 (Amending Resolution No. 87-18903 dealing with a Legislative Services Agreement and substituting the Firm of Katz, Kutter, Hiagler, Alderman, Eaton and Davis, P.A. for Swann and Haddock, P.A. )