2016-29357 Reso RESOLUTION NO. 2016-29357
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY
MANAGER (AS SET FORTH IN THE CITY COMMISSION MEMORANDUM
ACCOMPANYING THIS RESOLUTION) AND WAIVING, BY 5/7THS VOTE, THE
COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE
BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE
MAYOR AND CITY•CLERK TO EXECUTE AN AGREEMENT, IN AN AMOUNT NOT
TO EXCEED $86,000, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS
RESOLUTION, BETWEEN THE CITY AND MWW GROUP, LLC FOR FEDERAL
GOVERNMENT LOBBYING AND CONSULTING SERVICES, COMMENCING ON
MARCH 1, 2016 AND TERMINATING ON DECEMBER 31, 2016, OR UNTIL SUCH
TIME AS THE CITY EXECUTES A NEW AGREEMENT FOR THESE SERVICES
THROUGH A COMPETITIVE BIDDING PROCESS, WHICHEVER OCCURS FIRST.
WHEREAS, on October_1st, 2010, the Mayor and City Commission adopted Resolution
No. 2010-27363, waiving the formal competitive bidding requirement, by a 5/7ths vote, and
authorizing the Mayor and City Clerk to execute the current agreement with MWW Group, LLC
(MWW Group) to provide lobbying and consulting services in Washington D.C. (the Services), in
the amount of $102,800, for an initial term of three (3) years, ending on September 30, 2013,
with two (2), two year renewal options, to be exercised at the City's sole discretion (the
Agreement); and
WHEREAS, the City exercised the first renewal option of the Agreement, but did not
exercise the second renewal option, and therefore the current agreement expired on September
30, 2015; and
WHEREAS, on March 11, 2015, the Mayor and City Commission adopted Resolution
No. 2015-28947, transferring the oversight and management of the City's legislative priorities
concerning county, state, and federal legislation and governmental affairs from the City
Manager's Office, to the Office of the Mayor and City Commission; and
WHEREAS, the MWW Group has been representing the City's federal legislative goals
and priorities for several years; and
WHEREAS, at the February 10, 2016 City Commission meeting, the City Commission
discussed how to address the Agreement with MWW Group and directed that the current
agreement with MWW Group be extended on a month to month basis, through the end of the
year during this legislative session, and thereafter proceed to secure a new agreement for these
services; and
WHEREAS, the Administration is in the process of preparing a procurement item for
consideration by the City Commission for federal government lobbying and consulting services
and, in the interim, the City and MWW Group have negotiated a proposed new agreement (the
Agreement), containing the following essential terms:
1. Term: the Agreement commences on March 1, 2016 and terminates on December 31,
2016 or until such time as the City has executed a new agreement for federal lobbying
services, whichever occurs first;
2. Fee: $8,566.67 per month; and
3. Termination for Convenience: the Mayor, on behalf of the City, may terminate the
Agreement, at his sole. discretion, upon providing MWW with thirty (30) days written
notice.
WHEREAS, the City Manager recommends that the Mayor and City Commission waive
the formal competitive bidding requirement, by a 5/7ths vote, as permitted under Section 2-
367(e) of the City Code, as being in the best interest of the City; and
WHEREAS, the Administration recommends that the Mayor and City Commission
approve the Agreement, in substantial form, incorporated herein by reference and attached as
Exhibit "1" hereto.
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 hereby accept the written recommendation of the City Manager (as set forth in the
City Commission Memorandum accompanying this Resolution) and waive, by 5/7ths vote, the
competitive bidding requirement, finding such waiver to be in the best interest of the City, and
approve and authorize the Mayor and City Clerk to execute an agreement, in an amount not to
exceed $86,000, substantially in the form attached to this Resolution, between the City and
MWW Group, LLC for federal government lobbying and consulting services, commencing on
March 1, 2016 and terminating on December 31, 2016, or until such time as the City executes a
new agreement for these services through a competitive bidding process, whichever occurs
first.
PASSED and ADOPTED this 13th day of April, 2016. r,,, '
,/ .Via'
'.
PHILIP LEVr A'YOR.,,,,,r,„a
A.ATTEST: /
Vii/
, ,
AFAEL GRANADO, C,10- � Y *.4-1%,
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T:\AGENDA\2016Wpril 13\Cons:/t\Federal�•� G��R•,<t E3ctensi�.., Reso.doc
i * 'INCORP ORATED= *
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APPROVED AS-TO
-FORM & LANGUAGE
& FOR XECUTION
0 ,(-- 4 i dist.
1, (1,
City Attorney :;i'�j' Date
-i r1
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving a new Federal Legislative Services Agreement with the MWW Group through December 31,
2016 or until the City enters into a new agreement for similar services through a competitive bidding process,
whichever occurs first, subject to termination for convenience by the City.
•
Key Intended Outcome Supported:
Supports Multiple KIOs
Supporting Data (Surveys, Environmental Scan, etc.): The quality of the beaches appears as one of the
most important areas affecting quality of life. More recreational opportunities is ranked as one of the changes that
will make Miami Beach a better place to live. Storm drainage catch basins cleaning citywide; improving
infrastructure was listed number 5 in important safety areas for the City to address.
Issue:
Shall the City approve the waiver of competitive bidding and enter into a new contract with the MWVV Group
for Federal Legislative Services?
Item Summary/Recommendation:
On October 1st, 2010, the Mayor and City Commission adopted Resolution No. 2010-27363, waiving the formal
competitive bidding requirement, by a 5/7ths vote, and authorizing the Mayor and City Clerk to execute the current
agreement with MWW Group, LLC (MWW Group)to provide lobbying and consulting services in Washington D.C. (the
Services)for an initial term of three(3)years, ending on September 30,2013,with two(2),two year renewal options,to
be exercised at the City's sole discretion (the Agreement).
The City exercised the first renewal option of the Agreement, but did not exercise the second renewal option, and
therefore the current agreement expired on September 30, 2015. At the February 10, 2016 City Commission meeting,
the City Commission discussed how to address the Agreement with MWW Group and directed that the agreement with
MWW Group be extended on a month to month basis through the end of the year during this legislative session, and
thereafter proceed to secure a new agreement for these services.
The Administration is in the process of preparing a procurement item for consideration by the City Commission for
federal government lobbying and consulting services and, in the interim, the City and MWW Group have negotiated a
proposed new agreement(the Agreement),containing the following essential terms:
1. Term: the Agreement commences on March 1, 2016 and terminates on December 31, 2016 or until such time
as the City has executed a new agreement for federal lobbying services,whichever occurs first;
2. Fee: $8,566.67 per month; not to exceed$86,000.00 for the term of the Agreement; and
3. Termination for Convenience: the Mayor, on behalf of the City, may terminate the Agreement, at his sole
discretion, upon providing MWW with thirty(30)days written notice.
RECOMMENDATION:
The City Manager recommends that the Mayor and City Commission waive the formal competitive bidding requirement,
by a 5/7th vote, as permitted under Section 2-367(e) of the City Code, as being in the best interest of the City; and the
Administration recommends that the Mayor and City Commission approve the proposed Agreement, in substantial
form, incorporated herein by reference and attached as Exhibit"1"to the City Commission Memorandum.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1 $86,000 Account#011-9362-000312
2
3
OBPI Total $86,000
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Gloria Baez, Mayor's office
Sign-Offs: . --
ayor's Office i Manager
AGENDA f✓?S
MIAMIBEACH DATE —/3-k.
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
MEMO# COMMISSIO MEMORANDUM
TO: Mayor Philip Levine and Members of thi City Corn ission
FROM: Jimmy Morales, City Manager 1 `
DATE: April 13, 2016
SUBJECT: A RESOLUTION OF THE MAYOR A CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY
MANAGER (AS SET FORTH IN THE CITY COMMISSION MEMORANDUM
ACCOMPANYING THIS RESOLUTION) AND WAIVING, BY 5/7THS VOTE, THE
COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE
BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT, IN AN AMOUNT NOT TO EXCEED
$86,000, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION,
BETWEEN THE CITY AND MWW GROUP, LLC FOR FEDERAL GOVERNMENT
LOBBYING AND CONSULTING SERVICES, COMMENCING ON MARCH 1, 2016 AND
TERMINATING ON DECEMBER 31, 2016, OR UNTIL SUCH TIME AS THE CITY
EXECUTES A NEW AGREEMENT FOR THESE SERVICES THROUGH A COMPETITIVE
BIDDING PROCESS, WHICHEVER OCCURS FIRST.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On October 9, 1996, the Mayor and City Commission awarded a Legislative Services Agreement to
Jorden, Burt, Berenson, and Johnson LLP for a term commencing on February 18, 1997 through
February 19, 1999, in the amount of $80,000, with a provision therein stating that the term could be
extended by mutual agreement of the parties. The agreement was subsequently extended through
February 18, 2001.
On February 9, 2000, the Mayor and City Commission approved Resolution No. 2000-23793,
authorizing the issuance of a Request for Proposals (RFP) for Federal Legislative Services.
On December 20, 2000, the Mayor and City Commission approved Resolution No. 2000-24219,
authorizing the Mayor and City Clerk to execute a professional services agreement with the firm of
Jorden Burt (now, the MWW Group), to provide governmental representation and consulting
services in_Washington D.C., in the amount of $90,000, inclusive of expenses. The Professional
Services Agreement was executed for an initial term of two (2) years, with two (2) additional one (1)
year options to renew. On February 25, 2004, the Mayor and City Commission approved the
renewal of the second of the two (2), one-year options.
On October 31, 2007, Jorden Burt notified the City that a decision had been made to separate the
Government Relations practice from the law firm practice of Jorden Burt, which was a structural
change consistent with recent changes in federal legislation, and on February 1, 2008, the
Government Relations Practice joined MWW Group, LLC (MWW Group). On February 13, 2008, the
Commission Memorandum
April 13, 2016
Federal Governmental Services Agreement
Page 2
Mayor and City Commission approved Resolution No. 2008-26757, approving the assignment of the
current agreement to the MWW Group.
On October 1st, 2010, the City waived the formal competitive bidding requirement, by a 5/7ths vote
of the City Commission, and entered into the current Agreement with MWW Group pursuant to
Resolution No. 2010-27363, to provide lobbying and consulting services in Washington D.C. (the
Services), for an initial term of three (3) years, ending on September 30, 2013, with two (2), two year
renewal options to be exercised at the City's Sole discretion.
The City exercised the first renewal option of the Agreement, but did not exercise the second
renewal option and therefore the current agreement expired on September 30, 2015.
On March 11, 2015, the Mayor and City Commission adopted Resolution No. 2015-28947,
transferring the oversight and management of the City's legislative priorities concerning county,
state, and federal legislation and governmental affairs from the City Manager's Office, to the Office
of the Mayor and City Commission.
At the February 10, 2016 City Commission Meeting, the City Commission considered a discussion
item to address how to proceed with the MWW Group agreement. The MWW Group is familiar with
the City's federal legislative goals and priorities and, as such, the City Commission directed that the
current agreement with MWW Group be extended on a month to month basis through the end of
the year during this legislative session, and thereafter proceed to secure a new agreement for these
services.
The Administration is in the process of preparing a procurement item for consideration by the City
Commission for federal government lobbying and consulting services. In the interim, the City and
MWW have negotiated a proposed new agreement (the Agreement), containing the following
essential terms:
1. Term: The Agreement commences on March 1, 2016 and terminates on December 31,
2016 or until such time as the City has executed a new agreement for federal lobbying
services, whichever occurs first;
2. Fee: $8,566.67 per month; and
3. Termination for Convenience: The Mayor, on behalf of the City, may terminate the
Agreement, at his sole discretion, upon providing MWW with thirty (30) days written notice.
CITY MANAGER'S RECOMMENDATION
The City Manager recommends that the Mayor and City Commission waive the formal competitive
bidding requirement, by a 5/7ths vote, as permitted under Section 2-367(e) of the City Code, as
being in the best interest of the City.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution
approving the Agreement, in substantial form, ending on December 31, 2016 or until such time as
the City executes a new agreement for these services, pursuant to a competitive bidding process.
JLM/PL/GB
Attachments
Exhibit A— Proposed Federal Government Lobbying and Consulting Services Agreement
T:\AGENDA\2016■April 13\Consent\Federal Lobbyist Memo.docx
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
MWW GROUP, LLC ;,
a
FOR
FEDERAL GOVERNMENT LOBBYING AND CONSULTING qt..N.' ':'''S
This Professional Services Agreement (Agreement) is entered • , � is day of
, 2016 (Effective Date), between the CITY OF MIA BEACH, FLORIDA,
a municipal corporation organized and existing under the law, o'er h=
SECTION 2
SCOPE OF SERVICES (SERVICES)
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall
provide federal government lobbying and consulting services as described in Exhibit "A"
hereto (the "Services").
2.2 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 e : est
services from the Consultant and the person(s) to which the Consultant shoul• nd
regarding specific issues
SECTION 3 4444;k:.
TERM <
The term of this Agreement (Term) shall commence retroactive) : ► Bch 1 2016 and
terminate on December 31, 2016, or when the City has advised Cons , ant in writing that the
City has entered into a new agreement for similar Services, whi ,eve occurs first.
SECTION 4
FEE x
4.1 In consideration of the Services to be pro •-0 during the Term of this Agreement,
Consultant shall be compensated on a fixed e si ; in the amount of$8,566.67 per month
(the Fee).
4.2 Reimbursable expenses mu.,:rlpproved in advance by the Mayor or Mayor's
designee. The request for reimb r , 'must be detailed and completely substantiated by
- lr
the related receipts, proof of p, •r any other supporting document requested by the
Mayor or Mayor's designee.
,mot
4.3 In the event the , • e ,=nt is terminated, the fees will be prorated for the portions of
the month during which se ,'ces were rendered by the Consultant.
4.4 INVOICI
6gm`,��
Upon recei. an acceptable and approved invoice, payment(s) shall be made within thirty
(30) day # , ,at portion (or those portions) of the Services satisfactorily rendered (and
refere . t e particular invoice).
=+ shall include a detailed description of the Services (or portions thereof) provided,
an all be submitted to the City at the following address:
City of Miami Beach
Finance Department—Accounts Payable Division
1700 Convention Center Dr., 3rd Floor-Finance
Miami Beach, FL. 33139
4.5 FEES PRIOR TO THE EFFECTIVE DATE. The undersigned parties acknowledge
that all Fees due and owing Consultant pursuant to the previous Governmental Services
2
Agreement, dated October 1, 2010, have been paid in full and that no Fees are due
Consultant prior to March 1, 2016.
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, an :a the
covenants, agreements, or stipulations material to this Agreement, the City, t ,.o*• ka its
Mayor, shall thereupon have the right to terminate this Agreement for cau to
exercising its option to terminate for cause, the City shall notify the Consults ss°olation
of the particular term(s) of this Agreement, and shall grant Consultant ten 1►y -g ys to cure
such default. If such default remains uncured after ten (10) days, the CI Ma -rminate this
Agreement without further notice to Consultant. Upon termination, shall be fully
discharged from any and all liabilities, duties, and terms arising o.�• by virtue of this
Agreement.
Notwithstanding the above, the Consultant shall not be re % .f liability to the City for
damages sustained by the City by any breach of the Agr - by the Consultant. The City,
at its sole option and discretion, shall be entitled to b.'•
MP, and all legal/equitable actions
that it deems to be in its best interest in order to enf•3 h- ity s right and remedies against
Consultant. The City shall be entitled to re ver '-z,ex costs of such actions, including
reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIEN HE CITY
THE CITY MAY ALSO, THROUGtG. AYOR, AND FOR ITS CONVENIENCE AND
WITHOUT CAUSE, TERMINAT REEMENT AT ANY TIME DURING THE TERM
BY GIVING WRITTEN NOTI ►! ONSULTANT OF SUCH TERMINATION; WHICH
SHALL BECOME EFFECT \I IN THIRTY (30) DAYS FOLLOWING RECEIPT BY
THE CONSULTANT OF u '< w OTICE. IF THE AGREEMENT IS TERMINATED FOR
CONVENIENCE BY T I , CONSULTANT SHALL BE PAID FOR ANY SERVICES
SATISFACTORILY PERF'P-MED UP TO THE DATE OF TERMINATION; FOLLOWING
WHICH THE CITY HALL BE DISCHARGED FROM ANY AND ALL LIABILITIES,
DUTIES, AND I ,RmS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
5.3 TERNettATION FOR INSOLVENCY
The a o reserves the right to terminate the Agreement in the event the Consultant is
it er in voluntary or involuntary bankruptcy or makes an assignment for the benefit
o itors. In such event, the right and obligations for the parties shall be the same as
pro -• for in Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents, and contractors, from and against any and all actions (whether at law or
3
in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to
property, which may arise or be alleged to have arisen from the negligent acts, errors,
omissions or other wrongful conduct of the Consultant, its officers, employees, agents,
contractors, or any other person or entity acting under Consultant's control or supervision, in
connection with, related to, or as a result of the Consultant's performance of the Services
pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and
losses and shall pay all such costs and judgments which may issue from any lawsuit arising
from such claims and losses, and shall pay all costs and attorneys' fees expende•*the
City in the defense of such claims and losses, including appeals. nth,
Consultant's obligations under this indemnity agreement shall not include t►:,gi .4i7tion to
indemnify the City and its officers, employees, agents and contractors, fro 4 a •5m ainst any
actions or claims which arise or are alleged to have arisen from the gr•:s igent acts or
intentional misconduct of the City and its officers, employees and age ontractors.
The parties agree that one percent (1%) of the total compensa° •n to Consultant for
performance of the Services under this Agreement is the speci-c co sideration from the City
to the Consultant for the Consultant's indemnity agreement. rovisions of this Section
6.1 and of this indemnification shall survive termination o . tion of this Agreement.
6.2 INSURANCE REQUIREMENTS Y a
The Consultant shall maintain and carry in full •rce9:,,„ing the Term, the following insurance:
1. Consultant Professional Liability, in the ant }.x•. of$1,000,000; and
2. Workers Compensation & Employer `•' , as required pursuant to Florida Statutes.
The insurance must be furnished rance companies authorized to do business in the
State of Florida. All insurance ust be issued by companies rated no less than "B+”
as to management and not "Class VI" as to strength by the latest edition of Best's
Insurance Guide, publish y 4 A . Best Company, Oldwick, New Jersey, or its equivalent.
All of Consultant's certifica''s shall contain endorsements providing that written notice shall
be given to the City *least thirty (30) days prior to termination, cancellation or reduction in
coverage in t iolicy. The insurance certificates for General Liability and Professional
Liability sha °inc •e the City as an additional insured and shall contain a waiver of
subrogation =& orsement.
Origi'): e ificates of insurance must be submitted to the City's Risk Manager for approval
(pa�AN ' any work and/or services commencing) and will be kept on file in the Office of the
ager. The City shall have the right to obtain from the Consultant specimen copies
of t p insurance policies in the event that submitted certificates of insurance are inadequate
to ascertain compliance with required coverage.
The Consultant is also solely responsible for obtaining and submitting all insurance
certificates for any sub-consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities
and obligations under this Section or under any other portion of this Agreement.
4
The Consultant shall not commence any work and or services pursuant to this Agreement
until all insurance required under this Section has been obtained and such insurance has
been approved by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal - ti is
necessary by either party with respect to the enforcement of any or all of th- -`°" .or
conditions herein, exclusive venue for the enforcement of same shall lie in
County, Florida. By entering into this Agreement, Consultant and the City -,:',14:k; ,f waive
any rights either party may have to a trial by jury of any civil litigation relat;d t ,o ,.-rising out
of this Agreement.
SECTION 8
LIMITATION OF LIABILITY
8.1 LIMITATION OF CITY'S LIABILITY ' -- .
The City desires to enter into this Agreement only if i ysz •oF g the City can place a limit on
the City's liability for any cause of action, for mone -ges due to an alleged breach by
the City of this Agreement, so that its liability for ny%,,dch breach never exceeds $86,000,
less the total amount of Fees paid by th Ci es Consultant under this Agreement.
Consultant hereby expresses its willingnes to - ter into this Agreement with Consultant's
recovery from the City for any damage for breach of contract to be limited to a
maximum amount of $86,000, less th ount of Fees paid by the City to Consultant
under this Agreement.
•
Accordingly, and notwithstandi ether term or condition of this Agreement, Consultant
hereby agrees that the City •t se liable to the Consultant for damages in an amount in
excess of $86,000, less A£° . amount of Fees paid by the City to Consultant under this
agreement, for any acti. c aim for breach of contract arising out of the performance or
non-performance of any ob'►'ations imposed upon the City by this Agreement.
Nothing contai i°• in this section or elsewhere in this Agreement is in any way intended to be
a waiver of t limg -tion placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
8.2 TATION OF CONSULTANT'S LIABILITY
- �• sultant desires to enter into this Agreement only if in so doing the Consultant can
pla a limit on the Consultant's liability for any cause of action, for money damages due to
an alleged breach by the Consultant of this Agreement, so that its liability for any such breach
never exceeds never exceeds $86,000, less the total amount of Fees paid by the City to
Consultant under this Agreement. Consultant hereby expresses its willingness to enter into
this Agreement with the City's recovery from the Consultant for any damage action for breach
of contract to be limited to a maximum amount of$86,000, less the total amount of Fees paid
by the City to Consultant under this Agreement.
5
Accordingly, and notwithstanding any other term or condition of this Agreement, City hereby
agrees that the Consultant shall not be liable to the City for damages in an amount in excess
of $86,000, less the total amount of Fees paid by the City to Consultant under this
Agreement, for any action or claim for breach of contract arising out of the performance or
non-performance of any obligations imposed upon the Consultant by this Agreement.
SECTION 9
[INTENTIONALLY DELETED]
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
At any time during the Term of this Agreement and for a period o e year after final
payment is made under this Agreement, the City reserves the ` •ht bo audit the records of
Consultant upon reasonable verbal or written notice to Con-b- '''and at any time during
normal business hours (i.e. 9AM — 5PM, Monday thr.i' ridays, excluding nationally
recognized holidays), and as often as the Mayor, fpi °r reasonable discretion and
judgment, deem necessary. Consultant shall makes. .i a•le to the Mayor, and/or such
representatives as the Mayor may deem to act o the ''s behalf, to audit, examine, and/
or inspect, any and all other documents and/., re s relating to all matters covered by
this Agreement. Consultant shall maintain a • all such records at its place of business
at the address set forth in the "Notices" sec his Agreement.
HRH
10.2 [INTENTIONALLY DELETE _ `
10.3 ASSIGNMENT, TRAN z • b SUBCONSULTING
Consultant shall not sub 4 c assign, or transfer all or any portion of any work and/or
service under this Agrezmnt ithout the prior written consent of the City Commission,
which consent, if given at a', shall be in the City's sole judgment and discretion. Neither this
Agreement, nor any team or provision hereof, or right hereunder, shall be assignable unless
as approved p 0.uant to this Section, and any attempt to make such assignment (unless
approved) s I be. oid.
10.4 P '' ENTITY CRIMES
Pry;_ ',,commencement of the Services, the Consultant shall file a State of Florida Form
0.8 Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity
Cri with the City's Procurement Division.
10.5 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of the Services, the Consultant shall not discriminate
against any employee or applicant for employment because of race, color, national origin,
religion, sex, intersexuality, gender identity, sexual orientation, disability, marital and familial
status, or age.
6
10.6 CONFLICT OF INTEREST
The Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade
County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade
County Code, and as may be amended from time to time; and by the City of Miami Beach
Charter and Code (as some may be amended from time to time); both of which are
incorporated by reference herein as if fully set forth herein.
The Consultant covenants that it presently has no interest and shall not acquir: ny
interest, directly or indirectly, which could conflict in any manner or degree Li'.('-‘4.-
performance of the Services. The Consultant further covenants that in the perf . 0- of
this Agreement, Consultant shall not knowingly employ any person having :, ip rest.
f�
Any such interest on the part of Consultant, or its employees, must be disclo„.e i citing, to
the City. The Consultant, in performance of this Agreement, shall be :'e- -'i• any more
restrictive law and/or guidelines regarding conflict of interest promulgate ,.. eral, State, or
local governments. #
Any such interest on the part of Consultant, or its employees, m \ be.disclosed, in writing, to
y performance g `� ' e subject to any more
the City. The Consultant, in erformance of this A reement;��3
restrictive law and/or guidelines regarding conflict of intere r• ulgated by Federal, State, or
local governments. The Consultant warrants that i h . t employed or retained any
company/entity or person(s) to solicit or secure this Ac ry; e t and that it has not offered to
pay, any company/entity or person(s)any fee, coml. iss percentage,brokerage fee, or gifts
of any kind contingent or resulting from the .mar•° • his Agreement. No member of or
delegate to the Congress of the United Stat ;„II be admitted to any share or part of this
Agreement or to any benefits arising there --+
,,,\_,: - ,
' CTION 11
NOTICES
+a
All notices and commu AE�. . in writing required or permitted hereunder, shall be
delivered personally to "-�epesentatives of the Consultant and the City listed below or
may be mailed by U.S. C Y ified Mail, return receipt requested, postage prepaid, or by a
nationally recognized 9vernight delivery service.
Until change.'• ice in writing, all such notices and communications shall be addressed
likt
as follows:
g
, � • ONSULTANT:
1k' matters: Brian Kempner
One Meadowlands Plaza, 15th Floor
East Rutherford, NJ. 07073
E-mail: bkempner(a�mww.com
Invoice/Billing: Nancy O'Shaughnessy
One Meadowlands Plaza, 15th Floor
East Rutherford, NJ. 07073
E-mail: noshaughnessy(cmww.com
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TO CITY:
City of Miami Beach
Office of the Mayor and City Commission
1700 Convention Center Drive, 4th Floor
Miami Beach, FL. 33139
Attention: Gloria Baez, Chief of Staff
WITH COPY TO City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, FL. 33139
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Attention: City Attorney RL
Notice may also be provided to any other address designated by the •. s receive notice if•
such alternate address is provided via U.S. certified mail, return r�,eipt requested, hand
delivered, or by overnight delivery. In the event an alternate notic= .dd;ess is properly provided,
notice shall be sent to such alternate address in addition to 5*. k er address which notice
would otherwise be sent, unless other delivery instructio ecifcally provided for by the
party entitled to notice. Notice shall be deemed given oX t° on which personally served, or
the day of receipt by either U.S. certified mail or overrf 010,,.e every.
SECT N '
MISCELLANE "ROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modif4::-.or mended without the express written consent of the
parties. No modification, amen. c r,. ":alteration of the terms or conditions contained herein
shall be effective unless cot=.' =
Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of
"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall:
a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service;
b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law;
c) Ensure that public records that are exempt or confidential and exempt fr., %:2z,} •lic
records disclosure requirements are not disclosed except as authorized
d) Meet all requirements for retaining public records and transfer to the„ c' „ o City
cost, all public records created, received, maintained and/or dir-. I e z ted to the
performance of this Agreement that are in possession of e o ultant upon
termination of this Agreement. Upon termination of this A• E °;the Consultant
shall destroy any duplicate public records that are exempt or :•n •ential and exempt
from public records disclosure requirements. All recos stored electronically must
be provided to the City in a format that is compatible"4i e information technology
systems of the City.
For purposes of this Article, the term "public reco 0 , all mean all documents, papers,
letters, maps, books, tapes, photographs, films, sy nd cordings, data processing software,
or other material, regardless of the physical f , c%e racteristics, or means of transmission,
made or received pursuant to law or ordina, e ! connection with the transaction of official
business of the City.
Consultant's failure to comply wit ffi '•lic records disclosure requirement set forth in
Section 119.0701 of the Florida S - hall be a breach of this Agreement.
In the event the Consultant o',;s it comply with the public records disclosure requirement
set forth in Section 11• : the Florida Statutes, the City may at the City's sole
discretion, avail itself of tremedies set forth under this Agreement and available at law.
REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
10,
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafael E. Granado, City Clerk Philip Levine, Mayor 4„3/44..\\'Date:
41Pk`---
FOR CONSULTANT: MWW G `LC
g
ATTEST:
444\,"
By
Print Name Print Name/Title
Date: x
•
�Y,ry
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EXHIBIT A
SERVICES
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 Mayor or Mayor's designee may
designate at the times and places mutually agreed to by the City and the Consultant on all
organizational planning and program activity, which have a bearing on the ability of the City to
make the best use of federal legislation, programs and funding opportunities (collectively.
Federal Programs).
B. The Consultant will identify and notify the Mayor or Mayors designee, at least thirt., ,+ ‘1:ys
in advance, of Federal Programs relating to the City's areas of interest incl,•i 9•;'t..thout
limitation, the following: transportation (e.g. ITS and related goals), inter 4; • •grams,
community and economic development, environmental matters, coastal\e'0 , •n, beach
nourishment, infrastructure improvement, hurricane recovery efforts, axa. •r relief funds,
disaster mitigation/resiliency funds, improvements in the national fl• d;,o surance program,
housing and urban development, homeless programs, urba = I ment, homeland
security goals, and other areas of interest to the City(Areas of Int- -.'
C. Within thirty(30) days from the Effective Date of the Agre.-m=,* , "•nsultant shall provide the
City with a detailed list of all upcoming Federal Progra ,,,t may align with the City's
Areas of Interest. Within thirty (30) days from rece'% • e list of Federal Programs, the
Mayor or Mayor's designee will confirm which 'nit I tr-a„ of Interest the Consultant will be
authorized to pursue (Stated Goals and Prioritie i R is may be subject to change from time
to time in the City's sole discretion.
D. The Consultant will maintain liaison wit - Ci s congressional delegation and will assist
the delegation in connection with the ..- -•`e•als and Priorities.
E. The Consultant will counsel wi` �,.- ity regarding appearances by City personnel in
negotiations with administr,et- concerning City projects requiring federal
assistance and cooperation.,
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F. The Consultant will a :is e City in the renewal of executive proposals, legislation under
consideration, pro•e z i d adopted administrative rules and regulations, and other
developments fo j--' pr pose of advising the City with respect to the Stated Goals and
Priorities. >,,„
G. The Con/.Itanewill communicate and coordinate with other lobbyists representing interests,
which s onsistent with those of the City in obtaining the Stated Goals and Priorities of the
City
H. -1- 'c 2,i sultant will assist in contacting Federal Agencies on the City's behalf on a mutually
• ,:,ed upon basis when City funding applications are under consideration by such agencies.
�y
I. / The Consultant will actively establish and maintain working relationships with the executive
and legislative branches of the Federal Government that will enhance the City's position with
respect to financial assistance applications, regulatory procedures, legislation, budget
authorizations and appropriations, which may be necessary in connection with the Stated
Goals and Priorities.
J. The Consultant will consult with the City, at least thirty (30) days in advance, regarding any
proposed formula changes in the Community Development Block Grant or any other major
federal programs to determine their impact to the City and take the necessary steps, as
mutually agreed upon to influence changes in the best interest of the City.
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K. The Consultant will represent the City at Washington, D.C. area conferences and/or
meetings, as requested by the City.
L. The Consultant will conduct two briefings with the City, in June and September of 2016,
which will be followed by a written report containing the matters discussed at the briefing.
During the briefing, Consultant and the City shall review current matters being addressed by
Consultant, as well as upcoming or potential matters which could be of interest to the City.
Additionally, once available, Consultant shall provide a targeted analysis of federal ,•ency
and congressional spending plans for the upcoming fiscal year.
M. The Consultant will provide a detailed weekly status report including clear i•a 4. and
updates regarding any applicable timetables that would affect the Stated Goals p s ri• ties and
will indicate upcoming matters which may have a bearing on the City's polic :s; grams, or
Areas of Interest. •
c�
N. The Consultant will respond to any requests from the City within t ,011) • , ness days.
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