Ratifying the Agreement with Rutledge Firm through June 2014 X00 7
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfi.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City C mmission
FROM: Jimmy L. Morales, City Manager
DATE: December 11, 2013
SUBJECT: DISCUSSION REGARDING EXT NDING AN AGREEMENT FOR LEGISLATIVE
SERVICES BETWEEN THE CI AND RUTLEDGE ECENIA, P.A., GOMEZ
BARKER ASSOCIATES, INC., A D ROBERT M. LEVY&ASSOCIATES, INC.
BACKGROUND/ANALYSIS
On October 1st, 2008, the City entered into an Agreement (the "Agreement") with Rutledge
Ecenia & Purnell, P.A., Gomez Barker Associates, Inc., and Robert M. Levy &Associates, Inc.(the
"Lobbyists") pursuant to Resolution No. 2008-26875, to provide State legislative services in the
amount of$107,254.92, ending on September 30, 2010 with two (2) additional two year extension
terms each, upon the same terms and conditions therein, at the sole discretion of the City at
$107,000 per year, plus any adjustment each year based on the Consumer Price Index for all
Urban Consumers, U.S. City Average (CPI-U).
Upon review of existing contracts, the Administration discovered that both additional two year
extension terms of the Agreement were improperly executed. Specifically, the City Commission
never authorized such an extension of the Agreement. Consequently, the Agreement has been
improperly in effect for the past three years.
In order to correct this year-old mistake, the Administration is requesting that the Commission
validate the already completed extension terms of the Agreement and further authorize the City
Manager to retain the services of the lobbyists for an additional term ending September 30, 2014.
Legislative services are essential in order for the City to advance its agenda with the State
Legislature. Given the quickly approaching commencement of the Legislative session, there is
not enough time to receive proposals from other lobbyists or firms. If the Commission were to
approve this request, there would be sufficient time to advertise an RFP and properly evaluate
proposals with the goal of securing representation before the end of the Agreement.
Attachments
JLM/JMJ
T:\AGENDA\2013\December 11\Discussion on Extending the City of Miami Beach Legislative Serives Agreement with Rutledge Ecenia,
P.A..docx
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Agenda Item R 7 r'
Date 1.2-
Jo�
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CITY OF MIAMI BEACH
LEGISLATIVE SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 1 st day of October,2008,between
the CITY OF MIAMI BEACH, hereinafter called the CITY, a municipal corporation of the
State of Florida, and the firms of RUTLEDGE, ECENIN PURNEL 1llt , P.A.,
GOMEZ BARKER ASSOCIATES,INC.,AND ROBERT M. LEVY&ASSOCIATES, INC.,
hereinafter collectively 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 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.
S. 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 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 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 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 CITY in
obtaining the goals and objectives of the CITY.
F. The CONSULTANT will assist in contacting State agencies on the CITY'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:f`Pumell� P.A. It shall be the
responsibility of the Consultant, Rutledge, Ecenia�l°Purnell P.A.
to distribute such payments to the other firms hereunder, collectively
enumerated as CONSULTANT.
W. 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#Pumell , 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. Ac6ordingly, the Consultant, Rutledge,
EceniaiPurnell, 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.
B. The basic agreement in regard to the 2009 Session of the Florida Legislature
will be for $107,254.92 per year. Payments will be in advance in equal
monthly installments of$9,937.91 payable immediately upon execution of
this Agreement. Year two of the Agreement will be for the base of$107,000
per year, plus any adjustment each year based on the Consumer Price Index
for all Urban Consumers, U.S. City Average (CPI-U).
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
person(s) to which the CONSULTANT should respond regarding specific
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issues.
3. TERRA OF AGREEMENT
This Agreement shall take effect on the 1st day of October, 2008, and shall
terminate on the 30th day of September,2010.The Agreement may be extended for two
(2)additional two year terms each,upon the same terms and conditions herein,at the sole
discretion of the City.
4. TERMINATION OF AGREEMENT
The CITY retains the right to terminate this Agreement at an tame prior to the
9 9 Y
completion of the WORK without penalty to the CITY. In that event, notice of this
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. In no case,
however, will the CITY pay the CONSULTANT an amount in excess of the total
annual sum provided by this Agreement, less any sums actually paid to
CONSULTANT. 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 underthe
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.
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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,Miami-Dade County, Florida,and the Florida Statutes,and agrees that they
will fully comply in all respects with the terms of said laws.
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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.
7. AUDIT RIGHTS
The CITY reserves the right to audit the records of the CONSULTANT at any time
during the Term of this Agreement and for a period of one year after final payment
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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 CONSULTANTS 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.
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 of
any more restrictive law and/or guidelines regarding conflict of interest promulgated
by federal, state or local governments.
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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 Workers 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$107,000,less any sums paid to CONSULTANT
pursuant to this agreement. 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
$107,000 which amount shall be reduced by any amounts 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
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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 firstwritten
above.
ATTEST: THE CITY OF MIAMI BEACH,FLORIDA
Robert Parcher,City Clerk errera o , M yor
[If incorporated sign below]
GOMEZ BARKER IATES INC.
ATTEST:
By:
W 63.5
Fausto Gomez, President
(Corporate Sea[) day of ,2008
ROBERT M.LEVY&ASSOCIATES.INC.
ATTEST:
By:
E }. rt M. Levy, President
��Ir nc S5
(Corporate Seal) day of N u-*"b"/ ,2008
[if incorporated sign below]
RUTLEDGE,ECENIA.ET.AL.P.A.
I ESSE •
Rutledge, Ecenia, Et.Al.,
By: - -
FA c Y Gary R.Rutledge,President
(Corporate Seal) 1 day of PeLt.. .20(#ppROVED AS TO
FORM&LANGUAGE
10 &FO ECUTION
ty ttom ate
RESOLUTION NO. 2008-26875
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 27-07/08 FOR THE
PROVISION OF GOVERNMENTAL CONSULTING SERVICES IN TALLAHASSEE,
FLORIDA; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH RUTLEDGE, ECENIA&PURNELL. P.A., GOMEZ BARKER ASSOCIATES, INC.,
AND ROBERT M. LEVY ASSOCIATES, INC.; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION
OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS,at its May 14,2008 meeting,the Mayor and City Commission authorized the
Administration to issue an RFO for the provision of governmental consulting services in Tallahassee,
Florida; and
WHEREAS, as the cost to the City for the consulting fees became part of the evaluation
criteria at the meeting, the Administration deemed that a Request for Proposals(RFP)was more
appropriate than the issuance of an RFO(which does not utilize cost or pricing as a criteria); and
WHEREAS, on May 23, 2008, RFP No. 27-07/08 was issued, and the Procurement
Division e-mailed the RFP to over fifty(50)firms or individuals, uploaded to RFPDepot.com,which
sent notifications to over 1200 firms or individuals registered for applicable commodity codes
pursuant to the scope of the RFP;360 postcards were directly mailed by the Administration informing
registered lobbyists in the State of Florida how to access the RFP; and
WHEREAS, on the specified RFP due date of June 24, 2008, the Procurement Division
received responses from The Advocacy Group at Tew Cardenas LLC; Berger Singerman, P.A.,
Moorelations, Inc. and Mark Anderson; Inger M. Garcia, Esq., Beverly Kennedy&Associates, Inc.
and Diversified Planning,Inc.;and Rutledge,Ecenia&Purnell,P.A.,Gomez Barker and Associates,
Inc. and Robert M. Levy Associates, Inc.; and
WHEREAS, the Administration deemed the proposal submitted by Inger M. Garcia, Esq,
et.al. as non-responsive, as It violated applicable law and did not provide an all-Inclusive annual
cost proposal to the City for the initial two year term, as was required by the RFP; and
WHEREAS, pursuant to the Administration's ongoing due diligence during the proposal
review process,both The Advocacy Group at Tew Cardenas LLC and Berger Singerman,P.A,et al,
were advised,in writing,that the successful proposer would be prohibited from lobbying the City on
behalf of third parties(as prohibited in Section 2-485.2 of the Code)for the term of the contract;and
WHERAS, both firms were advised and required to acknowledge that they would have to
refrain from lobbying activities before the City, if awarded the contract; and
WHEREAS,The Advocacy Group at Tew Cardenas voluntarily withdrew its proposal from
consideration; and
WHEREAS,as the City did not receive an acknowledgement from Berger Singerman by the
date required in the City s letter, its proposal was also subsequently disqualified; and
WHEREAS,on August 15,2008,the City Manager via Letter to Commission No.208-2008,
appointed an Evaluation Committee(the"Committees), consisting of the following individuals:
Judy Hoanshelt, Grants Manager—CMB;
Miguel Del Campillo—Miami Beach Housing Authority;
Wendy Kallergis—Miami Beach Chamber of Commerce;
Joe Gato—Resident and Graduate of the Miami Beach Leadership Academy;
Peter Savineau—Resident and Graduate of the Miami Beach Leadership Academy;
Amy Atkins—Resident and Graduate of the Miami Beach Leadership Academy;
Carlos Aguiles— Resident and Graduate of the Miami Beach Leadership Academy; and
WHEREAS, the Committee convened on August 27, 2008, and was provided with an
overview of the RFP, information relative to the City's Cone of Silence Ordinance and the
Government in the Sunshine Law;.and
WHEREAS, the Committee listened to a presentation and participated in a question and
answer session with principals from Rutledge, Ecenia & Purnell, P.A., Gomez Barker and
Associates, Inc. and Robert M. Levy Associates, Inc.; and
WHEREAS,the Committee unanimously recommended entering into a new agreement with
Rutledge, Ecenia & Purnell, P.A., Gomez Barker and Associates, Inc. and Robert M. Levy
Associates, Inc.; and
WHEREAS,the City Manager concurs with the Committee's recommendation.
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 heresy accept the
recommendation of the City Manager pursuant to Request for Proposals(RFP) No. 27-07/08 for
Governmental Consulting Services in Tallahassee, Florida;and authorize the Administration to enter
into negotiations with Rutledge, Ecenia & Purnell, P.A., Gomez Barker and Associates, Inc. and
Robert M. Levy Associates, Inc.; and further authorize the Mayor and City Clerk to execute an
agreement upon conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED this 10th day of September , 2008.
ATTEST:
I&MAs
CITY CLERK MAY R
Robert Parcher Matti Herrera AgOKOVEDAST
FORM&LANGUAGE
TMGENDA=W%Sept1MC0M8r l LobbyWew.dx &FOR CUTION
� y r�
THIS PAGE INTENTIONALLY LEFT BLANK
Prepared by the City Clerk's Office
Folio Version 352
11:35:59 a.m.
R9F Discussion Regarding Extending An Agreement For Legislative Services Between The
City And Rutledge Ecenia, P.A., Gomez Barker Associates, Inc., And Robert M. Levy &
Associates, Inc.
(City Manager's Office)
ACTION: Discussion held. .* Motion made by Commissioner
Steinberg to extend the agreement to June 1, 2014 and to retroactively ratify the acceptance of
the options by the City Commission; seconded by Commissioner Grieco; Voice vote 6-0;
Absent: Commissioner Malakoff. City Manager's Office to handle.
*City Clerk's Note:
Per Joe Jimenez, Assistant City Manager, on 10.17.2014, this item does not need a resolution,
as it was an extension of an existing Resolution No. 2008-26875. .
ENTERED BY REG/LH 10.21.2014
Jimmy L. Morales, City Manager, explained that they discovered that the current State Lobbyist
Contract should have expired two years ago, but had been renewed previously for two one-year
terms, not consistent with the agreement; unfortunately, they are in the middle of the second
year and Legislative Session begins soon. Their recommendation is to finish out this year with
them and come back in January for a new legislative team by early fall.
Discussion held.
Mayor Levine asked if there is an agency that could potentially do it on a month-to-month basis.
Jimmy L. Morales, City Manager, explained that by the time they do an RFP it will be April, and
it makes sense to extend to June 2014.
Joe Jimenez, Assistant City Manager, requested legalizing the three years paid erroneously,
because the option was exercised outside of the normal procedure.
Jose Smith, City Attorney, stated that it will be a ratification of the acceptance of the options by
the City Commission.
Discussion continued.
11:38:18 a.m.
Prepared by the City of Miami Beach City Clerk's Office
Date Printed: 11/4/2014 Time Printed: 11:58:40 AM
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r
Prepared by the City Clerk's Office
Folio Version 352
Jimmy L. Morales explained the error. The contract ending 2010 had two-one year renewals, so
according to the terms of agreement, it could not have been renewed past September 30, 2013;
and it should have come back for RFP, but it did not in 2013. This was identified, and today
they are asking today for guidance from the City Commission to ratify or terminate the
Legislative Services Agreement.
Mayor Levine is in agreement to ratify and move forward to June 1, 2014.
Motion made by Commissioner Steinberg to extend the agreement to June 1, 2014, and to
retroactively ratify the acceptance of the options by the City Commission; seconded by
Commissioner Grieco; Voice vote 6-0; Absent: Commissioner Malakoff.
Prepared by the City of Miami Beach City Clerk's Office
Date Printed: 11/4/2014 Time Printed: 11:58:40 AM
Source Database: 11MIAMI BEACH 15261 Shared\$CMBICITYCLER Ifolio4.21Clerkfolio.nfo.nfo
Cardillo, Lilia
From: De Pinedo, Naima on behalf of Jimenez,Joe
Sent: Friday, October 17, 2014 2:39 PM
To: Cardillo, Lilia
Cc: Jimenez, Joe
Subject: RE: PENDING LEGISLATION
Hi Lilia,
Joe's name should be removed from the following resolutions as they are from before he began working at the City:
2009-26981 1/28/2009 PENDING Joe Jimenez RESOLUTION PENDING
C71-1 A Resolution Approving The City's Fiscal Year
2009/10 Federal Legislative Agenda; Further
Directing The Administration To Continue To Monitor
Economic Stimulus Legislation And Make The
Appropriate Adjustments To The City's 2009/10
Federal Legislative Agenda
2007-26479 3/14/2007 PENDING Joe Jimenez RESOLUTION PENDING
C 7 A Resolution Setting A First Public Hearing To
Consider Amendment Two To The Development
Agreement Between The City Of Miami Beach And
AR&J SOBE, LLC,Approved On May 18, 2005, For
The Development Of The Project Presently Referred
To As"5th And Alton".
2006-26169 4/11/2006 PENDING Joe Jimenez AMENDED RESOLUTION PENDING
C7M A Resolution Opposing House Bill 1199 And
The Proposed Elimination Of Local Cable Franchises;
Further Opposing House Joint Resolution 7247
Proposing Amendments To The State Constitution To
Limit The Expenditures Of Counties And
Municipalities. (Economic Development)
2008-26765 2/13/2008 PENDING Joe Jimenez RESOLUTION PENDING
R7D A Resolution Approving The City's FY 2009
Federal Legislative Agenda
2008-26792 4/16/2008 PENDING Joe Jimenez RESOLUTION PENDING
C7E A Resolution Setting The First Public Hearing
Of A Development Agreement Between The City Of
Miami Beach And Berkowitz Development Group, Inc.,
For The Construction Of Public Right-Of-Way
Infrastructure Improvements On Lenox Avenue And On
Sixth Street
The following Resolution should be removed as the Commission ultimately did not approve:
2013-28127 1/16/2013 PENDING Joe Jimenez RESOLUTION PENDING
1
R9H Discussion Regarding A Request For
Reconsideration Of"Resolution Approving The
Recommendation Of The City Manager To Shortlist
The Top Two (2)Teams Of Portman CIVIC And South
Beach ACE As The Shortlisted Proposers To
Continue Onto Phase II Of The MBCC RFQ No. 22-
11/22; And Authorizing The City Manager To
Negotiate Letters Of Intent(1-01's)With The
Shortlisted Proposers," Approved, City Commission
Meeting December 12, 2012. (Requested by
Commissioner Deede Weithorn)
This does not need a resolution as it was an extension of an existing Reso#2008-26875
2013-28445 12/11/2013 PENDING Joe Jimenez RESOLUTION PENDING
R9F Discussion Regarding Extending An
Agreement For Legislative Services Between The City
And Rutledge Ecenia, P.A., Gomez Barker
Associates, Inc.,And Robert M. Levy&Associates,
Inc. (City Manager's Office)
Thanks,
Naima De Pinedo, Executive Office Associate I OFFICE OF THE CITY MANAGER
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7010/ Fax: 305-673-7782/www.miamibeachfl.gov
We are committed to providing excellent public service to all who live,work and play in our vibrant,tropical, historic
community.
-----Original Message-----
From: Cardillo, Lilia
Sent: Friday, October 17, 2014 1:25 PM
To: Denis,Alex; City Attorney's Office;Sosa,Ariel; Martinez, David -CIP; Carpenter, Eric;Jimenez,Joe; Rebar,John;
Gonzalez,Jose; Sklar, Max; Crespo-Tabak,Sylvia; Mooney,Thomas
Cc: City Attorney's Office; Granado, Rafael
Subject: PENDING LEGISLATION
Team,
There is pending legislation to be processed and submitted to the Clerk's Office. Please see attached list of pending
resolutions.
If you have pending legislation on this list please submit to the City Clerk's Office or let us know the status as soon as
possible.
Thank you for your full cooperation on this matter.
Lilia
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MIAMIBEACH
Lilia Cardillo,Agenda Coordinator
OFFICE OF THE CITY CLERK
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7411/ Fax: 786-394-4139/www.miamibeachfi.gov
We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,
historic community
3
I