94-21326 Reso
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RESOLUTION NO.
94-21326
A RESOLU'1'ION OF '1'HE MAYOR AND CI'1'Y COM1l:ISSION
OF '1'HE CI'1'Y OF M:IAK:I BEACH, FLOR:IDA
AU'1'HORIZ:ING '1'HE MAYOR AND CI'1'Y CLERK '1'0
EXECU'1'E AN AGREEMENT BETWEEN '1'HE CI'1'Y OF M:IAKI
BEACH AND RU'1'LEDGE, ECENIA.', UNDERWOOD,
PURNELL & HOFFMAN, P.A., GOMEZ BARKER
ASSOC:IA'1'ES, INC., AND ROBER'1' M. LEVY &
ASSOCIATES, INC. '1'0 PROVIDE LEGISLA'1':IVE AND
LOBBY:ING SERVICES FOR '1'HE 1995 AND 1996
FLOR:IDA LEGISLA'1'IVE SESS:IONS AND RELA'1'ED
CON8UL'1'ING SERV:ICES ON AN ON-GO:ING BASIS FOR
'1'HE PERIOD OF '1'HE AGREEMENT,
WHEREAS, on September 8, 1994, the Commission awarded RFP No.
122-93/95, for lobbying and consulting services on the City'S
behalf, and to represent the city before State agencies located in
Tallahassee, Florida, exclusive of consultation and representation
on environmental matters~ and,
WHEREAS, the City wishes to retain lobbying and consulting
services pursuant to the attached Legislative Services Agreement.
NOW, '1'HEREFORE, BE :I'1' DULY RESOLVED BY '1'HE MAYOR AND CITY
COM1l:ISS:ION OF '1'HE CI'1'Y OF MIAK:I BEACH, FLORIDA THAT THE MAYOR AND
CITY CLERK ARE HEREBY AUTHORIZED TO EXECUTE THE ATTACHED AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND RUTLEDGE, !CENIA, UNDERWOOD,
PURNELL & HOFFMAN, P.A., GOMEZ BARKER ASSOCIATES, INC., AND ROBERT
M. LEVY & ASSOCIATES, INC. TO PROVIDE LEGISLATIVE SERVICES ON
BEHALF OF THE CITY FOR THE 1995 AND 1996 FLORIDA LEGISLATIVE
SESSIONS AND RELATED CONSULTING SERVICES ON AN ON-GOING BASIS FOR
THE PERIOD OF THIS AGREEMENT,
PASSED and ADOP'1'ED this 22nd day
ATTEST:
~~~~~
C:I'1'Y CLERK
FORM APPROVEl>
LEGAL DEPT,
., -:r- Cr;>
0IIiI ~- \ \ --=)L
C:I'1'Y OF K:IAMI BEACH
LEG:ISLA'1':IVE SERV:ICES AGREEMENT
'1'H:IS AGREEKEN'1' made and entered into this 1st day of October, 1994,
between the C:I'1'Y OF KIAMI BEACH, hereinafter called the C:I'1'Y, a
municipal corporation of the state of Florida, and the firms of
RU'1'LEDGE, ECEN:IA, UNDERWOOD, PURNELL & HOFFMAN, P.A., GOMEZ BARKER
ASSOC:IA'1'ES, :INC., AND ROBER'1' K. LEVY & ASSOC:IA'1'ES, INC., hereinafter
called the CONSUL'1'AN'l'.
WIT N E SSE T H:
In consideration of the promises and mutual covenants hereinafter
contained, the parties hereto agree:
1. OBL:IGA'1':IONS OF '1'HE CONSUL'1'AN'l'
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 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.
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C. The CONSULTANT will counsel wi th the CITY regarding
appearances by City personnel before state of Florida and
sta~e administrative agencies.
D. The CONSULTANT will assist the CITY in the review of
executive proposals, legislation under consideration,
proposed and adopted administrative rules and regulations
and other developments for the purpose of advising the
CITY of those items mutually agreed upon which may have
a significant bearing on the CITY policies or programs.
E. The CONSULTANT will assist in contacting state agencies
on the CITY'S behalf on a mutually agreed upon basis when
City funding applications are under consideration by such
agencies.
F. Payments to the CONSULTANT shall be made by the CITY to
the Consultant, Rutledge, Ecenia, Underwood, Purnell &
Hoffman, P.A. It shall be the responsibility of the
Consultant, Rutledge, Ecenia, Underwood, Purnell &
Hoffman, P.A. to distribute such payments to the other
firms hereunder, collectively enumerated as CONSULTANT.
G. The CONSULTANT will provide the CITY with monthly reports
on the first day of each month throughout the term of
this Agreement, detailing the CONSULTANT'S activities and
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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.
H. It is agreed upon by the parties hereto, that the
Consultant, Rutledge, Ecenia, Underwood, Purnell &
Hoffman, P.A., shall assume the lead role with respect to
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. Accordingly, the Consultant, Rutledge,
Ecenia, Underwood, Purnell & Hoffman, P.A., shall assume
the primary responsibility for the coordination and
performance of the CONSULTANT pursuant to its obligations
under this Agreement.
2. OBL:IGA'1':IONS OF '1'HE C:I'1'Y OF M:IAMI BEACH
A. The CITY will contract with the CONSULTANT for a period
of two years.
B. The basic agreement in regard to the 1995 and 1996
Sessions of the Florida Legislature will be for $55,000
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per year for the 1995 session and $55,000 per year for
the 1996 session. Payments will be in advance in equal
monthly installments of $4,583.33 payable immediately
upon execution of this agreement. Additionally, a
legislative expense allowance in the amount of $5,000 is
to be paid upon submission of invoices.
D. 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
issues.
E. 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 . '1'ERM OF AGREElIEN'l'
This Agreement shall take effect on the 1st day of October,
1994, and shall terminate on the 30th day of SeDtember, 1996,
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unless mutually extended by the parties.
4 . '1'ERM:INA'1':ION OF AGREEMENT
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 CONSULTANT any sum
whatsoever,
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, paid, or agreed to pay, any
person or company any fee, commission, percentage, brokerage
fee, or gifts of any kind contingent or resulting from the
award of making this Agreement.
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The CONSULTANT is aware of the conflict of interest laws in
the City of Miami Beach, Dade County, Florida (Dade county
Code, section 2-11.1) and the Florida statutes, and agrees
that they will fully comply in all respects with the terms of
said laws.
6. CONS'1'RUC'1':ION OF AGREEKEN'1'
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. AUD:I'1' R:IGH'1'S
The CITY reserves the right to audit the records of the
CONSULTANT at any time during the performance of this
Agreement and for a period of one year after final payment is
made under this Agreement.
8. :INDEKN:IF:ICA'1':ION
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 acting for or on his or
their behalf.
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9 . CONFL:IC'1' OF :INTERES'1'
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 interests, direct or indirect, in this Agreement.
The CONSULTANT further covenants that, in the performance of
this Agreement, no person having such conflicting interest
shall be employed. Any such interests on the part of the
CONSULTANT or its employees, must be disclosed, in writing, to
the CITY. The CONSULTANT, in 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 CONTRAC'1'OR
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 I s Compensation benefits as an
employee of the CITY.
11. L:IMI'1'A'1'ION OF L:IAB:ILI'1'Y
The CITY desires to enter into this Agreement only if in so
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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 $55,000. 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
$55,000, less the amount of all funds actually paid by the
CITY to CONSULTANT pursuant to this Agreement.
Accordingly, CONSULTANT hereby agrees that the City shall not
be liable to CONSULTANT for damages in an amount in excess of
$55,000 which amount shall be reduced by the amount of 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.
12. ARB:I'1'RAT:ION
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
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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 arbi trator , then the American Arbi tration
Association shall appoint one, Judgment upon the award
rendered may be entered into any court having jurisdiction, or
application 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.
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:IN W:I'1'NESSE'1'H 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:
CONSUL'1'AN'l'
~~
:g~=~' P.A~CENIA, ~~ ~LL
BY: ~q&-~~~
GARY R. RUTLEDGE
PRESIDENT
&
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~4- ~~
GOMEZ Ba;:,::, ~~ INC.
FAUSTO GOMEZ
PRESIDENT
~M~
ROB
LEVY & ASSOCIATES, INC.
Attest:
~L~
ICHARD BROWN
CITY CLERK
m:RA:km
CITY OF
MIAMI BEACH
-
CITY HALL 1700 CONVENTION CENTER ORNE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: September 22, 1994
FROM: RogerM.Ca~
City Manager
SUBJECT: LEG:ISLA'1':IVE SEaV:ICES AGREEMENT AMONG '1'HE C:I'1'Y AND RUTLEDGE,
ECEHIA , UNDERWOOD, PURNELL & HOFFMAN, P.A., AND GOMEZ BARKER
ASSOC:IA'1'ES, INC., AND ROBER'1' M. LEVY 6& ASSOCIA'1'ES, :INC.'1'O
PROV:IDE LOBBYING AND CONSUL'1':ING SERV:ICES FOR '1'HE 1994 AND 1995
LEG:ISLA'1'IVE SESS:ION AND RELA'1'ED CONSUL'1'ING SERV:ICES ON AN ON-
GOING BAS:IS FOR '1'HE PER:IOD OF '1'HE AGREEMEN'1'
ADlI:IN:IS'1'RAT:ION RECOMMENDA'1'ION:
The Administration recommends that the City commission adopt the
attached resolution authorizing the Mayor and the City Clerk to execute
the Legislative Services Agreement among the City and Rutledge, Ecenia "
Underwood, Purnell & HOffman, P,A., and Gomez Barker Associates, Inc.,
and Robert M. Levy & Associates, Inc. (CONSULTANT) to provide legal and
lobbying representation for the 1995 and 1996 legislative sessions and
related consulting services on an on-going basis for the duration of
this agreement.
BACltGROUND:
On September 8, 1994, the Commission awarded RFP No, 122-93/95, to the
Consultant for lobbying and consulting services on the City's behalf,
and to represent the City before State agencies located in Tallahassee,
Florida, exclusive of consultation and representation on environmental
matters.
AHALYS:IS:
The agreement shall be as follows:
1. Legal and lobbying representation before the 1995 and 1996 Sessions
of the Florida Legislature, and related consulting services on an
on-going basis commencing October 1, 1994 for a period of two years
2. Fee is $55,000 per year; expense allowance cannot exceed $5,000 per
year for reimbursement for out-of-pocket expenses such as
telephone, copying, courier services travel expenses and similar
charges
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AGENDA ITEM -R - 7... L
DATE~
Commission Memorandum - September 22, 1994
State Legislative Representation
Page 2
3. The CONSULTANT will furnish the City with monthly performance and
informational reports regarding their legislative and other
activities on behalf of the City
4. The Consultant, Rutledge, ~cenia , Underwood, Purnell & Hoffman,
P.A., shall assume the lead role and have primary responsibility
for the coordination and performance of the CONSULTANT (firms) and
shall assume the primary responsibility for the obligations of the
firms under this Agreement.
CONCLUS:ION:
The City Commission should adopt the attached resolution in order to
allow the City to utilize the services of the CONSULTANT with respect to
lobbying and conSUlting on the city's behalf in Tallahassee.
RMC: km
il
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