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RESOLUTION 91-20216 RESOLUTION NO. 91-20216 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A LEGISLATIVE SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND KATZ, KUTTER, HAIGLER, ALDERMAN, DAVIS, MARKS, AND RUTLEDGE, 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 the 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, Davis, Marks and Rutledge, P.A. PASSED and ADOPTED this 9th day of January 1991. 1/1.1.1r .4i Of Mayor Attest: FORM APPROVED LEGAL DEPT. (60(-0,A1 Date City Clerk RWP:CBT:blb i _../' Sr-+i d './- 'J .r k- ...d ...._w. _ ..- .. .. _ _ --_w' l•... - e-_ - . .. w r r. .w•.__.moi a..,'?-.r w ti ... - - _..._... -.. -.• .. eco Neaote e ear% FLORIDA 3 3 1 3 9 *.1NCORPORATED)*! '•VACA 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. 13 January 9, 1991 DATE: TO: Mayor Alex Daou• : d Corn ssio Members of t ity IA&FROM: Rob W. Par ins City Manager LEGISLATIVE RVICES AGREEMENT WITH KATZ, MUTTER, SUBJECT: HAIGLER, ALDERMAN, DAVIS, MARKS AND RUTLEDGE, P.A. FOR 1991 - 1992 LEGAL AND LOBBYING REPRESENTATION The attached Legislative Services Agreement provides for the representation of Katz, Kutter, Haigler, Alderman, Davis, Marks and Rutledge, P.A. , for the City of Miami Beach, before the 1991 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. 1991 Session of the Florida Legislature - $60, 000 to be paid in monthly equal installments, commencing on the 1st day of January 1991, 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, Davis, Marks and Rutledge, P.A. RWP:CBT:blb Attachments I AGENDA ITEM DATE CITY OF MIAMI BEACH LEGISLATIVE SERVICES AGREEMENT THIS AGREEMENT made and entered into this 1st day of January, 1991, 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, DAVIS, MARKS AND RUTLEDGE, 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. 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 1991 Session of the Florida Legislature will be for $60, 000 per year. Payments will be 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. -1- 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 be 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 be in writing to THE CONSULTANT who shall be paid for a l l 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. 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. -2- 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 ofthem, including any person acting for or on his or their behalf. 8 . 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 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 the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local governments. 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, 1991. 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 DAVIS, MARKS and RUTLEDGE, P. A. itOtiaA0' R&Itiek- BY: Bill D. Rubin i)1( ChintWeL_ Attest: CITY OF MIAMI BEACH, a municipal corporation of t e State of Florida f6 BY: pez,i City Clerk Ale Daoud, Mayor _3_ ORM APPROVED LEGAL DEPT. By6:7;-11 -.1-??(3" .� .,, KATZ, KUTTER, HAIGLER, ALDERMAN, DAVIS, MARKS & RUTLEDGE PROFESSIONAL ASSOCIATION ATTORNEYS AND COUNSELORS AT LAW SILVIA MORELL ALDERMAN GARY R.RUTLEDGE DANIEL C.BROWN GARY P.TIMIN MARGUERITE H."DITTI"DAVIS POST OFFICE BOX 1877 32302-1877 633 SOUTH FEDERAL HIGHWAY R.MICHAEL UNDERWOOD MARTIN R.DIX FIRST FLORIDA BANK BUILDING FOURTH FLOOR DAVID A.YON STEPHEN A.ECENIA SUITE 400,215 S.MONROE STREET FORT LAUDERDALE,FLORIDA 130301 PAUL A.ZEIGLER PAUL R.EZATOFF,JR. TALLAHASSEE,FLORIDA 38001 TELEPHONE (305) 524-8331 WILLIAM M. FURLOW SPECIAL CONSULTANTS: MITCHELL B.HAIGLER TELEPHONE (904) 224-9634 TELECOPIER (305) 524-8334 TELECOPIER (904) 222-0103 MONICA A. LASSETER* RICHARD P.HIRTREITER WILLIAM D. RUBIN* EDWARD S.JAPERY TELECOPIER (904) 224-0781 GERALD C.WESTER ALLAN J.KATZ JAMES R.KELLY °NOT MEMBERS OF THE EDWARD L.K UTTER FLORIDA BAR RICHARD P.LEE JOHN C LOVETT OF COUNSEL: JOHN R MARKS,III REPLY TO: FORT LAUDERDALE J.LARRY WILLIAMS December 17 , 1990 Mr. Rob Parkins City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 RE: 1990-1991 Legal and Lobbying Representation Dear Rob: This is in reference to this office ' s representation of the City of Miami Beach before the 1991 Session of the Florida Legislature, as well as before all appropriate governmental agencies regarding the City' s environmental concerns . This is to advise that we would be happy to provide the above-mentioned services on the same basis as last year, without an increase in fee, as follows : 1 . In regard to the 1991 Session of the Florida Legislature, we would be pleased to provide such services in return for a fee in the amount of $60 , 000 . 00 to be paid in equal monthly installments, commencing on the first day of Janaury, 1991 , along with an expense allowance in the amount of $5, 000 . 00 . Continued. . . . KATZ, KUTTER, HAIGLER, ALDERMAN, DAVIS, MARKS & RUTLEDGE Mr. Rob Parkins December 17 , 1990 Page Two 2 . In regard to the representation of the City, regarding its environmental issues , we would be happy to provide such services on an hourly basis , with an aggregate amount not to exceed $25 , 000 . 00 . The hourly rate would be that assisgned to the specific attorney or other professional assigned to the case. We would be happy to provide you with a schedule of such hourly rate at your request. In addition, we would expect to be reimbursed for out-of-pocket expenses generally considered appropriate to this type of representation, such as long distance telephone charges , copying expenses , courier services , and similar charges . It has been a pleasure to represent you and the City during the past three legislative sessions . We would not have been successful without your constant cooperation and guidance. We are looking forward to continuing a most enjoyable and rewarding relationship. If I can provide any further information, please do not hesitate to ask. Kindest regards . Sinc-rely, W lam D. Rubin Special Consultant WD R/mgm ORIGIN%°L RESOLUTION NO. 91-20216 Legislative service agreement between the C.M.B. and Katz, Kutter, Haigler, Alderman Davis, Marks, and Rutledge, P.A.