Loading...
RESOLUTION 90-19875 RESOLUTION NO, 90-19875 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A LEGISLATIVE SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND KATZ, KUTTER, HAIGLER, ALDERMAN, EATON, DAVIS, AND MARKS, 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 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, Eaton, Davis and Marks, P.A. PASSED and ADOPTED this 17th day of January 1990. Vice-Mayor Attest: FORM APPROVED r � LEGAL DEPT. City Clerk By Date l // 96 RWP:WHH:blb (4uu I ecel 4 ear% PMi'afq.,, FLORIDA 3 3 1 3 9 *:INCORP(ORATED*f VAC'A TIONLAND U. S. A. " OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 3 J qC January 17, 1990 DATE: TO: Mayor Alex Daou• : d Members of t• = ity Commis 'o r, Rob W. Parki .r/ FROM: City Manager f, rN . LEGISLATIVE ERVICES AGREEMENT WITH KATZ, KUTTER, SUBJECT: HAIGLER, ALDERMAN, EATON, DAVIS AND MARKS, P.A. FOR 1990 - 1991 LEGAL AND LOBBYING REPRESENTATION The attached Legislative Services Agreement provides for the representation of Katz, Kutter, Haigler, Alderman, Eaton, Davis and Marks, P.A. , for the City of Miami Beach, before the 1990 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. 1990 Session of the Florida Legislature - $60, 000 to be paid in monthly equal installments, commencing on the 1st day of January 1990, along with a legislative expense allowance in the amount of $5, 000. In addition, reimbursement of 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 of 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, Eaton, Davis and Mark, P.A. RWP:WHH:blb Attachments . AGENDA _,t LI ITEM d DATE )— qo CITY OF MIAMI BEACH LEGISLATIVE SERVICES AGREEMENT THIS AGREEMENT made and entered into this 1st day of January, 1990, 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, EATON, DAVIS AND MARKS, 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 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. C. THE CONSULTANT will counsel with THE CITY regarding appearances by City personnel before State of Florida and State 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. 1 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 1990 Session of the Florida Legislature will be for $60,000 per year. Payments will he in advance in equal monthly installments of $5,000 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. C. Representations of THE CITY, regarding its environmental issues will be provided on an hourly basis with an aggregate amount not to exceed .$25,000 plus out-of-pocket expenses. D. 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. 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 he 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 he 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. 2 4. 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. 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. 5. 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. 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 is made under this Agreement. 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 convenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, in this Agreement. THE CONSULTANT further convenants that, in the performance of this Agreement, no person having such conflicting interest shall he 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 the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state, or local government. 3 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 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. THIS AGREEMENT shall take effect on the 1st day of January, 1990. 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 KATZ, KUTTER, HAIGLER, ALDERMAN, EATON, DAVIS, AND MARKS, P.A. Ak -+4AtU BY: LE;k- William D. Rubin lk/HAA.) Attest: CITY OF MIAMI BEACH, a municipal corporation of the State of Florida BY: CITY CLERK 1/3119 0 Abe Resnick, Vice-Mayor FORM APPROVED BY LEGAL DEPARTMENT K/y/d 4 ORIGINAL RESOLUTION NO. 90-198/5 Authorizing the Mayor to execute a Legislative Services Agreement between the C.M.B. and Katz, Kutter, Haigler, Alderman, Eaton, Davis, and Marks, P.A.