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RESOLUTION 92-20427 RESOLUTION NO. 92-20427 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A LEGISLATIVE SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND KATZ, KUTTER, HAIGLER, ALDERMAN, DAVIS, MARKS, AND RUTLEDGE, P.A. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT: WHEREAS, the City is desirous of retaining a Consultant for lobbying and consulting efforts on the City' s behalf, and the representation of the City before the State agencies situated in Tallahassee, Florida; and WHEREAS, the City wishes to retain the Consultant for the retention of the services provided for in the attached Legislative Services Agreement for the consideration of terms and conditions set forth therein. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that: 1. The Mayor and the City Clerk are authorized to execute the Legislative Services Agreement between the City and the Consultant; Katz , Kutter, Haigler, Alderman, Davis, Marks and Rutledge, P.A. PASSED and ADOPTED this 8th •ay of Jan. ar 1992 . / 1 / Mayor Attest: III "-- 7.- c,t,_a,,A .c--6.-, City Clerk CBT:WHH:blb FORM APPROVED LEGAL DEPT. By (Ig;;178-'2;76a-z.„..., /7/4,0/ Date CITY OF MIAMI BEACH (1:11 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. /07-70. DATE January 8, 1992 TO: Mayor Seymour Gelber and Members of the City Commission *Itft. FROM: Carla Bernabei Talarico City Manager LEGISLATIVE SERVICES AGREEMEN3 WITH KATZ, KUTTER, SUBJECT: HAIGLER, ALDERMAN, DAVIS, MARKS AND RUTLEDGE, P.A. FOR 1992 - 1993 LEGAL AND LOBBYING REPRESENTATION The attached Legislative Services Agreement provides for the representation of Katz, Kutter, Haigler, Alderman, Davis, Marks and Rutledge, P.A. , for the City of Miami Beach, before the 1992 Session of the Florida Legislature. This Agreement, also, provides for representation before all appropriate governmental agencies regarding the City' s environmental issues. The fee for the legal and lobbying representation shall be on the same basis as last year without an increase and shall be as follows: 1. 1992 Session of the Florida Legislature - $60, 000 to be paid in equal monthly installments, commencing on the 1st day of January 1992 , along with a legislative expense allowance in the amount of $5, 000. In addition, reimbursement for out-of-pocket expenses such as telephone, copying, courier services, travel expenses and similar charges. 2 . Representation of the City of Miami Beach on environmental issues will be provided on an hourly basis with an aggregate amount not to exceed $25, 000. The hourly rate would be that assigned to the specific attorney or other professional assigned to the case. In addition, there would be a reimbursement for out-of- pocket expenses generally considered appropriate for this type of representation. ADMINISTRATION RECOMMENDATION: It is the Administration' s recommendation that the City Commission adopt the attached Resolution authorizing the Mayor and the City Clerk to execute the Legislative Services Agreement, for the City of Miami Beach, with Katz , Kutter, Haigler, Alderman, Davis, Marks and Rutledge, P.A. CBT:WHH:blb Attachments 06 AGENDA if 7 ITEM DATE "901' • KATZ, }CUTTER, H.AIOLEI. ALDERMAN, DAVIS, MARKS 8c RUTLEDGE PROFESSIONAL ASSOCIATION ATTORNEYS AND COUNSELORS AT LAW SILVIA MORELL ALDERMAN GARY P.TIMIN DANIEL C.BROWN POST OFFICE BOX 1877 32302-I877 R.MICHAEL UNDERWOOD MARGUERITE H. DITTI DAVIS DAVID A.YON FIRST FLORIDA BANK BUILDING MARTIN R.DIX PAUL A.ZEIGLER STEPHEN A.ECENIA SUITE 400.215 5• MONROE STREET PAUL R.EZATOFF,JR. TALLAgASSEE. FLORIDA 32301 SPECIAL CONSULTANTS: WILLIAM M. FURLOW MONICA A.LASSETER• MITCHELL B.HAIGLER TELEPHONE 1904) 224-9834 WILLIAM D.RUBIN• EDWARD S.JAFFRY TELECOPIER (904) 222-0103 GERALD C.WESTER• ALLAN J.KATZ TELECOPIER (9041 224-0781, •NOT M[MS[ws O►THE EDWARD L.KUTTER RICHARD P.LEE FLORIDA OAR JOHN C.LOVETT JOHN R.MARKS•= BRIAN M.NUGENT OF COUNSEL: GARY R.RUTLEDGE J.LARRY WILLIAMS MEMORANDUM TO: Ms. Carla ' B. Talarico, City Manager City of Mia i : ach FROM: Bill Rubin $peci4�.` Consultant. __ , . _ _ 9 r DATE: December 23 , 1991 SUBJECT: Legislative Representation City of Miami Beach Katz, Kutter, Haigler, Alderman, Davis, Marks & Rutledge, P.A. is requesting to continue our contractual agreement with the City of Miami Beach for our firm to represent the City before the 1992 Legislature. As you know, our firm has represented the City' s interests before the Legislature since 1988. I have attached a brief summary of your priorities with which we have successfully represented the City over the past several years, and an outline of our init4_atives for the upcoming Legislative Session. MAL:db Enclosure brmemo 07 • KATZ, KUTTER, HAIOLER, ALDERMAN, DAVIS, MARKS `c RUTLEDGE MEMO - Ms. Carla B. Talar ico, City Manager December 23 , 1991 Page 2 CITY OF MIAMI BEACH LEGISLATIVE SUMMARY 1988 Priorities At our request Rep. Brown initiated House Bill 1162 relating to the Convention Development Tax which passed the legislature. The bill authorized the use of the two-cent tax for construction of the light rail transportation system as determined by the County. Senate Bill 955 relating to Enterprise Zones was requested by the city. The bill authorized the City to revise its enterprise zone boundaries. We earmarked appropriations in Vle budget to include $140, 000 for the City' s promenade and $400, 0OO for purchase of property in North Shore Park. 1989 Priorities Florida 's Safe Neighborhoods Act was a major initiative by the Committee on Small Business and Economic Development, but one which we lobbied heavily on behalf of the City. The bill passed the legislature but was vetoed by the Governor. Similarly, the City' s priority was an appropriation which we were successful in secu::ing for $725, 000 to fund the first part of the City' s Safe' Neighborhood project. This money, however, was also vetoed by 1-he Governor in connection with the aforementioned act. We were successful in securing $150, 000 for the Disabled Wheelway to provide beach access for wheelchairs and bicycles. ( - 08 • KATZ, KUTTER, HAIOLER, ALDERMAN, DAVIS, MARES & RUTLEDGE MEMO - Ms. Carla B. Talarico, City Manager December 23 , 1991 g Page 3 1990 Priorities Once again, funding for the South Beach Safe Neighborhood project was the City's main priority. We were successful again in securing $500, 000 Eor the beginning Construction. We have been working with the city, DCA and DLA since that time to access the funds the release of which were delayed six months because of budget shortfalls. We were successful in procuring an additional $50, 000 for the Wheelway, and assisted with the $375, 000 for the Bass Museum and $375, 000 for the South Florida Arts Center. The Realignment of AlA, a Beach priority was included in the Legislative Motion Plan as a result of our efforts. The preliminary engineering monies were scheduled to be let in 1989, but were delayed due to funding shortfalls. In lieu of the state ' s funding North Shore Lifeguards, we were successful in arranging with the Secretary of DNR its preliminary approval for the City to operate a concession at or near the entrance to the park to generate additional revenue for the city. Y The city, however, decided not to pursue this as a revenue source. We were instrument2,l in negotiating a proposal with DNR and the Board of Trustees for the City to deed Pelican Island to the State in return for forgiveness of certain lease fees owed by the City to the State until the City started collectingrents and also revises d the lease agreement to adjust the rate downward. ($400, 000 approximately savings) We successfully opposed legislation which would have revised the Community Pedevelopment tax increment contributions on behalf of Miami Beac!4 . 1991 Priorities Finally, you will recall from our Overview toY ou of the 1991 session that the Appropriations bill included $250, 000 for the Bass Museum and $250, 000 for the South Florida Arts Center again. The legislature did not appropriate any "turkey" monies in the 1991-1992 1Idget. The delayed release of the $200, 000 engineering monies for AlA were not negatively affected. 09 KATZ, KUTTER, HAIGLER, ALDERMAN, DAVIS, MARKS & RUTLEDGE MEMO - Ms. Carla B. Talarico, City Manager December 23 , 91 19 g Page 4 The Legislature did not fund any specific safe neighborhood capital improvement projectsg because the program was practically abolished as a result of 90-91 budget cuts. However, we were instrumental in lobbying the successfulassa a of the Safe hb P g Neighborhood orhood Program within the Department of Legal Affairs and are assisting with new grant proposals on behalf of the City. Y SB 1336 contained the amendment we passed for the City repeal eal p the current beer and malt beverage exemption from the Municipal Resort Tax. However, the bill became very controversial for other reasons and was eventually vetoed by the Governor. Finally, although our firm concentrated our efforts on the Special Assessment; issue, amendments to Chapter 170 which would have allowed the use of special assessments for streetlighting g g and landscaping and changes to the bonding provisions. We were successful in the House of Representatives, but could not successfully pass the bill in the Senate. You will recall, however, the long struggle and the Senate Chairman's opposition to other provisiors of the bill which were not Miami Beach' s concern, but made the bill unpalatable to the Community Affairs Committee Chairman. 1992 Initiatives The Special Assessment issue from last session is again a priority for the City. We have the bill introduced in the House and Senate and have been working with the Senate Chairperson and members to insure that the bill will pass this Session. Mr. Rogel has ',een working closely with us in this endeavor. Rep. Bloor is sponsoring a bill in the House at our request for Miami Beai.,: which will modify the DRI threshold for a convention center aff4liated hotel. The bill includes additional provisions you have requested to assist with bonding problems in Redeve lopin ant districts to extend the life after an amendment and revise the Community Redevelopment Act to include public areas of hotels constructed in support of convention centers, etc. We again expect to amend the Municipal Resort Tax law to repeal the beer and malt beverage exemption, and will pursue safe neighborhood monies and other priorities listed by the City which we have already discussed. You are, however, acutely, aware of the fiscal situation and the outlook for new monies this year are not favorable. ,. I f 10 KATZ. KUTTER, HAIGLER, ALDERMAN, DAVIS, MARKS & RUTLEDGE MEMO - Ms. Carla B. Talarico, City Manager December 23 , 1991 Page 5 CITY OF MIAMI BEACH ENVIRONMENTAL/LEGAL SUMMARY 1988 PRIORITIES We assisted in obtaining a permit from the Department of Natural Resources for the Biscayne Street/Ocean Drive intersection improvements ana a permit for Ocean Drive and 15th Street improvements. We also advocated the City's position on the DNR incompatible use ;policy. In late 1988 we began the process of seeking conceptual approval for the City's bike path which ultimately became the Handicap Wheelway. The initial stages of assisting the City with its Beach Front Management Plan began in late 1988. 1989 PRIORITIES Work continued in 1989 to obtain conceptual approval from the Department of Natural Resources for the bike path. Among the other projects before the Department of Natural Resources that year were the Lummus Park, Phase II and the 5th Street extension, issues involving the North Shore Open Space, the South Point Park permit extension and approval of the City's Beach Front Management Plan. We negotiated with the Department of Community Affairs regarding the City's Comprehensive Plan and were successful in avoiding a possible law suit by the state. We also received a clearance letter from the DE:partment of Community Affairs fcr the Symphony Hall and for the Cpera House. 1990 PRIORITIES The permit application for the Handicap Wheelway was filed in 1990 and significant work was done on getting the application in a posture for a recommendation of approval. Also during 1990 we were able to negotiate with the Trustees of the Internal Improvement Trust Fund for the forgiveness of $355, 000 of debt owed by the City to the State of Florida for lease fees for the Miami Beach Marina. In connection with this project, we were able to modify the City's submerged and lease for the City Marina to obtain a more favorable lease rate. The City's legal staff had asked us to assist them by performing legislative history research on the state's nepotism law. 11 KATZ. KUTTER, HAIOLER, ALDERMAN, DAVIS, MARKS & RUTLEDGE MEMO - Ms. Carla B. Talarico, City Manager December 23 , 1991 Page 6 1991 PRIORITIES The permit for thE, Handicap Wheelway was obtained in 1991. Though the Pelican Island, exchange was approved in 1990, ongoing work has been required during 1991 to finalize the transactions. An extension to the Handicap Wheelway was requested in 1991 and that project is ongoing. At the City's request we also obtained a permit from the state for landscape improvements to be installed at Penrods Restaurant. Because of the emergency nature of this particular landscape planting, we were able to obtain the permit in less than 24 hours. At the City's request we have also monitored certain DNR rules. 12 CITY OF MIAMI BEACH LEGISLATIVE SERVICES AGREEMENT THIS AGREEMENT made and entered into this 1st day of January, 1992 , between the CITY OF MIAMI BEACH, hereinafter called THE CITY, a municipal corporation of the State of Florida, and the firm of KATZ, KUTTER, HAIGLER, ALDERMAN, DAVIS, MARKS AND RUTLEDGE, P.A. , hereinafter called THE CONSULTANT. WITNESSETH: 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, 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 ManEger 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. C. THE CONSULTANT will counsel with THE CITY regarding appearances by City personnel before State of Florida and State administrative agencies. f. 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. r° 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. r. THE CONSULTANT will counsel and assist THE CITY with regard to any environmental issues before any State Agency involving THE CITY. 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 agreement in regard to the 1992 Session of the Florida Legislature will be for $60, 000 per year, which amount shall include counseling and assisting THE CITY with regard to any environmental issues before any State Agency involving THE CITY. PaY rients will be in advance in equal monthly installments of $5, 000 payable immediately upon execution of this agreement. Additionally, a leg i.slative expense allowance in the amount of $5, 000 is to be paid upon submission of invoices. - 1 - 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 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 i'ONSULTANT any sum whatsoever. 4 . 'WARD OF AGREEMENT THE CONSULTANT warrants that it has not employed or retained any company or persons to solicit or secure this greement and that it has not offered to pay, paid, or -,greed tc 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 '-ti greement. THE CONSULTANT is aware of the conflict of interest laws in the City of Miami Beach, Dade County, Florida (Dade ''ounty Code, Section 2-11. 1) and the Florida Statutes, )nd agrees that they will fully comply in all respects uith the terms of said laws. 5. CONSTRUCTION OF AGREEMENT mhe parties hereto agree that this Agreement shall be ~onstrued 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 :_s made under this Agreement. - 2 - 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. 8 . 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 personal financial interests, direct cr 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 r its employees, must be disclosed, in writing, to THE CITY. THE CONSULTANT, in performance of this Agreement, shall be subject to, the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state orlocalgovernments. 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 ttain any rights or benefits under the Civil Service or 'ension Ordinance of THE CITY, or any rights generally fforded classified or unclassified employees; further, he/she shall not be deemed entitled to Florida Worker' s rompensation benefits as an employee of THE CITY. 10. TIMITATION OF LIABILITY The CITY desires to enter into this Agreement only if in co doing the CITY can place a limit on CITY ' s liability ' or any cause of action for money damages due to an lleged } reach by the CITY of this Agreement, so that its liability for any such breach never exceeds the sum of �"t60, 000. CONSULTANT hereby expresses its willingness to Winter into this Agreement with CONSULTANTS recovery from -he CITY for any damage action for breach of contract to he limited to a maximum amount of $60, 000, less the amount of all funds actually paid by the CITY to CONSULTANT pursuant to this Agreement. 7\.ccord ingly, CONSULTANT hereby agrees that the CITY shall not be liable to CONSULTANT for damages in an amount in excess of $60, 000 which amount shall be reduced by the <imount of the funding actually paid by the CITY to '2ONSULTANT 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 Florida Statutes, Section 768 . 28 . - 3 - 11. ARBITRATION 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 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 arbitrator, then the American Arbitration Association shall ap;o int one. Judgment upon the award rendered may be entered into any court having jurisdiction, or appl icat::on 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. THIS AGREEMENT shall take effect on the 1st day of January, 1992 . 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 CASE, KUTTER, HAIGLER, ALDERMAN DAVIS, MARKS and RUTLEDGE, P. A. LC._ B Y. 416 Bill D. Rubin / /rit- z(f<• /itieti .---)71 Attest: CITY •F MIAMI EACH, a municipal corpora ion of th State of Florida ti _ 6w••� BY: .1 I 0 Richard . Brown, City Clerk Sey ou. -lber, Mayor - 4 - FORM APPROVED DEPT. Date RESOLUTION NO. 92-20427 Authorizing the Mayor and the City Clerk to execute a legislative services agreement between the City of Miami Beach and Katz, Kutter, Haigler, Alderman, Davis, Marks and Rutledge, P.A.