Governmental Services Agreement with MWW GroupL
CITY OF MIAMI BEACH
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GOVERNMENTAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 1st day of October, 2010, between
the CITY OF MIAMI BEACH, hereinafter called the CITY, a municipal corporation of the
.state of Florida, and the MWW Group, hereinafter called the CONSULTANT.
WITNESSETH:
In consideration of the promises and mutual covenants hereinafter contained,
the parties hereto agree:
. OBLIGATIONS OF THE CONSULTANT
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 have a bearing on the ability of the CITY make the
best use of Federal programs.
The CONSULTANT will maintain liaison with the CITY'S Congressional
delegation and will assist the delegation in any,.matter which the CITY
determines to be in its best .interest.
The CONSULTANT will counsel with the CITY regarding appearances by
City personnel before Congressional Committees and Federal administrative
agencies and will assist the City and its personnel .in negotiations with
administrative agencies concerning City projects requiring Federal assistance
and cooperation,
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 that may have a significant bearing on
the CITY policies or programs.
The CONSULTANT will communicate and coordinate with _other lobbyists
representing • interests which are consistent with those of the CITY in
obtaining the goals and objectives of. the CITY.
The CONSULTANT will assist in contacting Federal agencies on the CITY'S
behalf on a mutually agreed upon basis when City funding applications are
under consideration by such agencies.
G. Identify and notify the City i'n advance of opportunities such as grant
opportunities and funding availability for transportation, community and
economic development, environmental matters, beach renourishment,
infrastructure improvement, hurricane recovery efforts, housing and urban
development, homeless programs, intermodal programs, and any other areas of
interest to the City..
H. Establish and maintain working relationshipswith the executive and legislative
branches of the federalgovernment that will enhance the City's position with
respect to financial assistance applications, regulatory procedures, legislation,
budget authorizations and appropriations, and other areas of interest to the City.
I. Consult with the City regarding any proposed formula changes in the Community
Development Block Grant or other major federal programs to determine their
impact on the City, and take the necessary steps as mutually agreed upon to
bring changes in the best interest of the City.
J. Upon request of the City, assist the City in any matter related to the Executive
Branch of the State of Florida.
K. Represent the City at. Washington., D.C.: area conferences or meetings as.
requested.
Conduct a semi-annual briefing to the Cityto provide the latest information on
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issues of .interest to the City,. and submit an annualreport of accomplishments
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. concerning the Consultant's responsibilities.
2. - OBLIGATIONS OF THE CITY MIAMI BEACH
A. The basic agreement. for Year One of. this Agreement, or the period
commencing on October 1, .2:010 and- ending on September 30, 2013, will be
. ~ ~ ,for $8,.566.67 per month.. Payments will ~ be in advance in equal monthly
installments of $8,566.67 payable. immediately upon the effective date of this
agreement. Year two and year three of the agreement will be for the base of
. $1.02,800 per year plus any adjustment each year based on the lesser of the
annual change in the Consumer Price Index for All Urban Consumers {CP1-
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U),or three (3) percent.
_~ -; C. 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
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person(s) to which the ,CONSULTANT should. respond regarding specific,
.. issues:
3. TERM OF AGREEMENT _
This Agreement shall ,take effect on the 1st day of October, 2010, and shall
terminate on the 30th day of September, 2013, ubject to the provisions of paragraph 4.
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The Agreement may. beextended -two tunes for two :years each at the sole discretion of the
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~~ City-`~If the City exercises the option to extend, .the :base amount for first year of the
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extension shall be for the same base amount (as previously adjusted) as the most recently
completed. year. Year two of the extension period will be for the. most recent base amount
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.plus the ..lesser of an adjustment based on the annualchange in the Consumer Price Index
for A11 Urban Consumers (CPI-U) or three (3) percent.
4. TERMINATION"OF AGREEMENT ~ -
. - The .CITY retains the right to .terminate this Agreement at any time prior to the
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completion of the WORK without penalty to.the CITY. -In that event, notice of this
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termination 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 prorated as of
such date. In no case.; however-, will the CITY paythe CONSULTANT an amount in~
excess of the total sum .provided' by this Agreement.. It is hereby understood by and .
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between~the CITY and the CONSULTANT-that any payment made in accordance
with this Section-to the CONSULTANTshah be made only if said CONSULTANT is`
not in default under the terms of this Agreement, in which event (default) the CITY
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shall, in no .way, be obligated and shall not pay to the CONSULTANT any sum
. whatsoever:. . ~ ~ :.
,- 5.
AWARD OF AGREEMENT
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The CONSULTANT warrants that it ha:s not employed or retained any_company or
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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 awardof making this Agreement.
The CONSULTANT is aware of the conflict of interestlaws 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
'according to the laws, statutes, and case laws of the State of Florida:
AUDIT RIGHTS.
The CITY reserves the right to audit the records of the CONSULTANT at anytime.
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
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 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 $102,800. CONSULTANT hereby expresses its
willingness to enter into this Agreement with CONSULTANT'S recovery from THE
CITY for anydamage action for breach of contract to be limited to a maximum
amount of $102,800 whichamount 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.
IN WITNESSETH WHEREOF, the `parties hereto have caused these presents tobe
executed by the respective officials thereunto duly authorized this day and year first written
above.
ATTEST:
Robert Parcher, City Clerk
[If incorporated sign below]
(Secretary
(Corporate Seal)
THE CITY OF MIAMI BEACH, FLORIDA
Marti H era Bowe ayor
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APPROVED AS TO
FORM &LANGUAGE
.FOR.CUTION
City �Ati
J- ' Date