97-22442 RESO
RESOLUTION NO. 97-22442
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE
AGREEMENT FOR LEGISLATIVE SERVICES BETWEEN THE CITY
AND RUTLEDGE, ECENIA, UNDERWOOD, PURNELL & HOFFMAN,
P.A., AND GOMEZ BARKER ASSOCIATES, INC., AND ROBERT M.
LEVY & ASSOCIATES, INC. TO PROVIDE LOBBYING AND
CONSULTING SERVICES FOR THE 1997/98 LEGISLATIVE
SESSION AND RELATED CONSULTING SERVICES ON AN ON-
GOING BASIS FOR THE PERIOD FROM THE 1ST DAY OF
OCTOBER 1997 UNTIL THE 30TH DAY OF SEPTEMBER 1998.
WHEREAS, the City of Miami Beach is desirous of lobbying and consulting services before ~:tate
agencies located in Tallahassee for the 1997/98 Florida Legislative session; and
WHEREAS, on October 9, 1996, the City Commission awarded a Legislative Services Agr'~ellent
to Rutledge, Ecenia, Underwood, Purnell & Hoffman, P.A., and Gomez Barker Associates, 1m. ("the
Consultant), for the term October 1, 1996 through September 30, 1997 and contains a one-year ex:en;ion
clause; and
WHEREAS, the Consultant has performed very satisfactorily and has effectively prod ced re: ults
for the City by achieving desired legislation and has assisted with the processing of significant ran:s; md
WHEREAS, the City wishes to exercise the option for the one-year extension clause cont .ned il the
Legislative Services Agreement for the term October 1, 1997 through September 30, 1998.
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NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR A~D CTY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Ci Ch~d are
hereby authorized to extend the attached agreement between the City of Miami Beach and Rutle ge, ECf nia,
Underwood, Purnell & Hoffman, P.A., Gomez Barker Associates, Inc., and Robert M. Levy & sscd..tes,
Inc. to provide legislative services on behalf of the City for the 1997/98 Florida Legislative session and rellted
consulting service on an on-going basis for the period from the 1 st day of October, 1997 until t e 30th day
of September 1998.
PASSED AND ADOPTED this
,1997.
,fill'
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APPR
FORM &
& fOR
ATTEST:
CITY CLERK
1(~~- b/~2
RUTLEDGE, E~:.NIA. UNDERWOOD. PuRNELL & HOFFMA.L~
PROFESSIONAL ASSOCIATION
ATIORNEYS AND COUNSEl.ORS AT LAW
STEPHeN A. eeENlA
KENl'IETl1 A. HOFFMNI
THONAS tN, KONAAO
IIllCHAeL G, IoWOA
Fl. DAVlO pAfSCOTT
HAROLD P. lC. puANeLL
GARY R. R\Il'I.EDGe
R. MICHI'EL UI'lOl<RWQOO
WILLIAM II. WILLINGHAM
POST OFFIce aoX 551, 3230Z.QSS1
2'5 SOUTH MONROE STREEI. SUrrE 420
TAlJ.AHASSEE. Fl.ORlOA~1.1841
GOVERNMEI'ITALCCil'lSl .TANTS:
P"TAICK R. MALOY
AM'( J. YOUNG
TELEPHONE (904) 881-6788
TELECOPIER (904)681.6515
MEMORANDUM
VIAFACSrMILE TRANSMISSION
HARD COpy ~O FOLLOW
cc:
Jose Garcia-Pedrosa. city Manager
c/o Harry ~vr:~~dY Marks
Gary Rutled~
Bob 'Levy and Fausto Gomez
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TO:
FROM:
DATE:
June 18, 1997
RE:
=~;======:~=======;==;~=====~========~===~====2=============_:.~
City of Miami Beach Legislative Services Agreement
Pursuant to numerous conversations with City of Miami B(~a:h
Commissioners, their staff and the city Manager's staff, includi 19
Randy Marks, this letter confirms conversations pursu nt:o
paragraph 3, Term of Agreement, of the current contract bet en tle
City, this firm, Bob Levy and Fausto Gomez, for legi la:iil'e
services between October ~, 1996 through september 30, 199 .Su.:h
paragraph of the contract sets forth that the contract may be
extended by mutual agreement. On behalf of Bob Levy, Faus 0 GotT,ez
and this firm we are agreeable to a one year extension f s\,;ch
contract commencing October 1, J.997 through September 3 , 1~ 98
under the same terms and conditions as the current contra t.
If you require any further action on our part concerni
please advise. Otherwise we appreciate the opportunity to
to r~present the City during the upcoming year.
I'
GRR:sp
1:. \u.I..,.n.Y'lA'MINI~aoNtAV"..u
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CITY OF MIAMI BEACH
LEGISLATIVE SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 1 st day of October, 1996, betwE en
the CITY OF MIAMI BEACH, hereinafter called the CITY. a municipal corporation of' he
state of Florida. and the firms of RUTLEDGE, ECENIA, UNDERWOOD, PURNELL &
HOFFMAN, P.A., GOMEZ BARKER ASSOCIATES, INC., AND ROBERT M. LEV'! &
ASSOCIATES, INC., hereinafter called the CONSULTANT.
WIT N E SSE T H:
In consideration of the promises and mutual covenants hereinafter contained.
the parties hereto agree:
1. OBUGA TIONS OF THE CONSULTANT
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A. The CONSULTANT will confer with the Mayor and the City Commis ion: t/"e
City Attorney; the City Manager. and other such City personnel as he Ciry
Manager may designate at the times and places mutually agreed t by th3
City Manager and the CONSULTANT on all organizational plann ng anj
program activity which has a bearing on the ability of the CITY make he be~t
use of State programs.
B. The CONSULTANT will maintain liaison with the CITY'S legi~,laive
delegation and will assist the delegation in any matter which the C, TY
determines to be in its best interest.
c. The CONSULTANT will counsel with the CITY regarding appearanc(~s by
City personnel before State of Florida and State administrative agencies and
will assist the City and its personnel in negotiations with administratl "e
agencies concerning City projects requiring State assistance a ld
cooperation.
D. The CONSULTANT will assist the CITY in the review of executive proposa s,
legislation under consideration, proposed and adopted administrative I'uh~s
and regulations and other developments for the purpose of advisin~ the
CITY of those items mutually agreed upon may have a significant bearing on
the CITY policies or programs.
E. The CONSULTANT will assist in contacting State agencies on th CliY S
behalf on a mutually agreed upon basis when City funding applica ons al e
under consideration by such agencies.
F.
Payments to the CONSULTANT shall be made by the CI
to the
Consultant, Rutledge, Ecenia, Underwood, Purnell & Hoffman, P.A i It shedl
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be the responsibility of the Consultant, Rutledge, Ecenia, Unde/'wc ::>d,
Purnell & Hoffman, P.A. to distribute such payments to the other fir ms
hereunder, collectively enumerated as CONSULTANT.
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G. The CONSULTANT will provide the CITY with monthly reports on the f rst
day each month throughout the term of this Agreement, detailin!~ 'he
CONSULTANT'S activities and legislative services provided on behalf of end
for the benefit of the CITY in the previous month. Such report shall inclwle,
but not be limited to, the names and extent of the participation of 11e
individual members of the CONSULTANT'S firm, as well as any I:>tter
participants in this Agreement who are not a part of the CONSUL TAN1'S
firm, and the particular services provided by them for the month a~dress~d
in the report. Consultant will provide interim reports on as need~d bal,;is
addressing matters of City's involvement, concerns, interest and particu 3r
projects identified for pursuance on behalf of the City.
H.
It is agreed upon by the parties hereto, that the Consultant, 1utle:lg e,
Ecenia, Underwood, Purnell & Hoffman, P.A., shall assume the lead lrole wi:h
,
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respect to the coordination and provision of the services contem1late:l hy
this Agreement, and with regard to the relationship contemPlatet he:re n
between the CITY and the CONSULTANT. Accordingly, the cotsul~:ar t,
Rutledge, Ecenia, Underwood, Purnell, & Hoffman, P.A., shall ass~mE tt e
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primary responsibility for the coordination and performance 0": . he
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 one year '^ ith
an option to renew.
B. The basic agreement in regard to the 1996/97 Sessions of the Fbrija
Legislature will be for $70,000 per year. Payments will be in advan:e in
equal monthly installments of $5,833.33 payable immediately upon exec uti :>n
of this agreement. Additionally, a legislative expense allowance in t1e
amount of $5,000 per year is to be paid upon submission of invoices.
C. The CITY will supply the CONSULTANT with the names of pers ns ott"er
than the Mayor and City Commission, the City Manager and the C ty
Attorney who are authorized to request services from the CONSULT NT aId
the person(s) to which the CONSULTANT should respond regardin
issues.
D. The CITY will reimburse the CONSULTANT for reasonable out- f-pccket
disbursements incurred by the CONSULTANT in connection with t e abo'"e
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services for out of town travel expenses, specifically authorized by the C TV
and the necessary entertainment, long distance telephone calls c ,nd
duplication expenses. The CONSULTANT hereby agrees to provide::o :he
CITY copies of all receipts, with written explanation, for any out-of-pac<et
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disbursements that are to be reimbursed by the CITY.
3. TERM OF AGREEMENT
This Agreement shall take effect on the 1 st day of October, 1996. and st" all
terminate on the 30th day of September, 1997, unless mutually extend~d b~'
. the parties.
4. TERMINATION OF AGREEMENT
The CITY retains the right to terminate this Agreement at any time pri~r tc the
completion of the WORK without penalty to the CITY. In that event, notiqe 01 tr is
termination shall be in writing to the CONSULTANT who shall be paid for a I WOF K
performed prior to the date of the receipt of the notice of termination. In 0 cas~.
however, will the CITY pay the CONSULTANT an amount in excess of the t tal~u n
provided by this Agreement. It is hereby understood by and between the
the CONSULTANT that any payment made in accordance with this Secti
CONSULTANT shall be made only if said CONSULTANT is not in default u
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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.
5. AWARD OF AGREEMENT
The CONSULTANT warrants that it has not employed or retained any compa'1Y or
persons to solicit or secure this Agreement and that it has not offered to pay alY
person or company any fee, commission, percentage, brokerage fee, or gifts of a lY
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 N ja ni
Beach, Dade County, Florida (Dade County Code, Section 2-11.1) and the Flori( :Ia
Statutes, and agrees that they will fully comply in all respects with the terms of sa:d
laws.
6. CONSTRUCTION OF AGREEMENT
The parties hereto agree that this Agreement shall be construed and nforcE.d
according to the laws, statutes, and case laws of the State of Florida.
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7. AUDIT RIGHTS
The CITY reserves the right to audit the records of the CONSULTANT at an{ t me
during the performance of this Agreement and for a period of one year afte r f nal
payment is made under this Agreement.
8. INOEMNIFICA TION
The CONSULTANT shall defend, indemnify and save the CITY harmless, frof1 (nd
against any and all claims, liabilities, losses, and causes of action which may arse
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out of the CONSULTANT'S activities under this Agreement, including all ~the. a:ts
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or omissions to act on the part of the CONSULTANT or any of them, incl~dinq cny
person action for or on his or their behalf.
9. CONFLICT OF INTEREST
The CONSULTANT covenants that no person under its employ who resertly
exercises any functions or responsibilities in connection with this Agree
any conflicting personal financial interest, direct or indirect, in this Agreem
CONSULTANT further covenants that, in the performance of this Agree ert,lo
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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, ':0 he
CITY. The CONSULTANT, in performance of this Agreement, shall be $ubjl~c of
any more restrictive law and/or guidelines regarding conflict of interest promul!~aed
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b y federal, state or local governments.
10. INDEPENDENT CONTRACTOR
It is agreed that the CONSULTANT and its employees and agents shall b
to bean independent contractor, and not an agent or employee of the
shall not attain any rights or benefits under the Civil Service or Pension Ordin3n:e
of the CITY, or any rights generally afforded classified or unclassified e ployeEs;
further, he/she shall not be deemed entitled to Florida Worker's Comp nsati"m
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 n ~Ia(:e
a limit on CITY'S liability for any cause of action for money damages d
alleged breach by the CITY of this Agreement, so that its liability for ny such
breach never exceeds the sum of $70,000. CONSULTANT hereby expr sses i::s
willingness to enter into this Agreement with CONSULTANT'S recovery fr m THE
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CITY for any damage action for breach of contract to be limited to a maximum
amount of $70,000 which amount shall be reduced by the amount for the fundi ilg
actually paid by the CITY to CONSULTANT pursuant to this Agreement, fo' any
action or claim for breach of contract arising out of the performance or
nonperformance of any obligations imposed upon the CITY by this Agre,me1t.
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Nothing contained in this subparagraph or elsewhere in this Agreement liS ir a1Y
way intended to be a waiver of the limitation placed upon the CITY'S Iiabillty as ~et
forth in '. Section 768.28 Florida Statutes.
Any litigation which arises out of this Agreement shall take place in the COL rt ::>f
Appropriate Jurisdiction in Dade County, Florida.
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IN WITNESSETH WHEREOF, the parties hereto have caused these Pfesent:,. to
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be executed by the respective officials thereunto duly authorized this day and yecllf first
written above.
Witness:
CONSULTANT
RUTLEDGE, ECENIA, UNDERWOOD,
PURNELL & HOFFMAN, P .A.
~~
BY: ~ - ~
GARY R. RUTLEDGE, PRESIDENT
GOMEZ BARKER ASSOCIATES, INC.
M-~4
BY:
FAUSTO GOMEZ,
PRESIDENT
, DIRECTOR
ATTEST:
CITY OF MIAMI BEACH, a municipal
corporation of the State of Elorida
Ro~cf ~~
ROBERT PARCHER
CITY CLERK
EYMOUR GELBER
MAYOR
HsM/dpw
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Oat€:
ROvE D
PT.
~.~
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Ie::>
CIITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach,f1.us
COMMISSION MEMORANDUM NO. Y 4<6 -91
TO:
Mayor Seymour Gelber and
Members of the City m
DATE: JUry 2, :997
I
I
i
FTHEMAYORAND CITYCOMMISSIONOFTH C1T"iT
OF MIAMI ACH, FLORIDA, EXTENDING THE AGREE ME T FO]l
LEGISLATIVE SERVICES BETWEEN THE CITY AND RUT EDGI',
ECENIA, UNDERWOOD, PURNELL & HOFFMAN, P.A., AND OM:K"J~
BARKER ASSOCIATES, INC., AND ROBERT M. LEVY & ASSO IAIE~""
INC. TO PROVIDE LOBBYING AND CONSULTING SERVICES F R TH]I~
1997/98 LEGISLATIVE SESSION AND RELATED CONS LTIN4;
SERVICES ON AN ON-GOING BASIS FOR THE PERIOD FROM T E 1S'['
DAY OF OCTOBER 1997 UNTIL THE 30TH DAY OF SEPTEMBE 1998.
ion
FROM:
Jose Garcia-Pedros
City Manager
SUBJECT:
RECOMMENDATION:
Adopt the resolution.
BACKGROUND:
On September 8, 1994, the Commission awarded a contract pursuant to RFP No. 122- 3/95 1)
Rutledge, Ecenia, Underwood, Purnell & Hoffman, P.A., and Gomez Barker Associates, I c., ani
Robert M. Levy & Associates, Inc. (jointly, "the Consultant") for lobbying at the State vel ani
consulting services on the City's behalf, and to represent the City before State agencies I cated jin
Tallahassee, Florida. The contract was for the initial term of October 1, 1994, through S pten Ibc. r
30, 1995 and contained a one-year extension clause at the option of the City, which 0 ion WI s
subsequently exercised. On October 9, 1996, the Commission awarded a second contr ct tc tle
Consultant for the term of October 1, 1996 through September 30, 1997, with an option by the :iliy
to renew. This memorandum recommends exercising that extension.
ANALYSIS:
The Consultant has performed very satisfactorily and has been able effectively to produce r sults :61r
the City, by achieving desired legislation and assisting with the processing of significant gr ts. Tl e
extension does not change the amount of the Consultant's compensation.
AGENDA ITEM
L.
'1.
DATE
The 1997 Legislative Report is attached to this memorandum lists examples of the Co ultfntl;
accomplishments.
The Scope of Services remains the same during this extension period as delineated in the
Legislative Services Agreement.
CONCLUSION:
The Administration recommends that the City Commission adopt the attached resolution.
JGP:~:rm/jPh
Attachments