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HomeMy WebLinkAboutLegislative Services Agreement ()tJO~- 2~c;d I CITY OF MIAMI BEACH LEGISLATIVE SERVICES AGREEMENT THIS AGREEMENT made and entered into this 1st day of October, 2003, between the CITY OF MIAMI BEACH, hereinafter called the CITY, a municipal corporation of the state of Florida, and the firms of RUTLEDGE, ECENIA, PURNELL & HOFFMAN, P.A., GOMEZ BARKER ASSOCIATES, INC., AND ROBERT M. LEVY & ASSOCIATES, INC., hereinafter called the CONSU L T ANT. WIT N E SSE T H: 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 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 have a bearing on the ability of the CITY 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 and will assist the City and its personnel in negotiations with administrative agencies concerning City projects requiring State assistance and cooperation. 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 that may have a significant bearing on the CITY policies or programs. E. The CONSULTANT will communicate and coordinate with other lobbyists representing interests which are consistent with those of the CITY in obtaining the goals and objectives of the CITY. F. The CONSULTANT will assist in contacting State agencies on the CITY'S behalf on a mutually agreed upon basis when City funding applications are 2 under consideration by such agencies. G. Payments to the CONSULTANT shall be made by the CITY to the Consultant, Rutledge, Ecenia, Purnell & Hoffman, PA It shall be the responsibility of the Consultant, Rutledge, Ecenia, Purnell & Hoffman, P.A. to distribute such payments to the other firms hereunder, collectively enumerated as CONSULTANT. H. The CONSULTANT will provide the CITY with monthly reports on the first day each month throughout the term of this Agreement, detailing the CONSULTANT'S activities and legislative services provided on behalf of and for the benefit of the CITY in the previous month. Such reports 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. Consultant will provide interim reports on as needed basis addressing matters of City's involvement, concerns, interest and particular projects identified for pursuance on behalf of the City. I. It is agreed upon by the parties hereto, that the Consultant, Rutledge, Ecenia, Purnell & Hoffman, P.A., shall assume the lead role with respect to 3 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, 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. OBLIGATIONS OF THE CITY MIAMI BEACH A. The CITY will contract with the CONSULTANT for a period of three years. B. The basic agreement for the first year in regard to the 2004 Session of the Florida Legislature will be for $95,000 per year. Payments will be in advance in equal monthly installments of $7,916.67 payable immediately upon execution of this agreement. Year two and year three of the agreement will be for the base of $95,000 per year plus any adjustment each year based on the Consumer Price Index. C. 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 4 issues. 3. TERM OF AGREEMENT This Agreement shall take effect on the 1st day of October, 2003, and shall terminate on the 30th day of September, 2006. The Agreement may be extended two times for one year each at the sole discretion of the City. 4. TERMINATION 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 this termination 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 amountin 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, in which event (default) the CITY shall, in no way, be obligated and shall not pay to the CONSULTANT any sum whatsoever. 5 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, 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. 6. 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. 7. 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 6 payment is made under this Agreement. 8. INDEMNIFICATION 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 action for or on his or their behalf. 9. 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 conflicting personal financial interest, 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 ofthe 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. 7 10. 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. 11. LIMITATION OF LIABILITY The CITY desires to enter into this Agreement only if in so 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 $95,000. 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 $95,000 which amount shall be reduced by the amount for 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. 8 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. Any litigation which arises out of this Agreement shall take place in the Court of Appropriate Jurisdiction in Dade County, Florida. 9 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. ATTEST: Ro6~~'~ [If incorporated sign below] J~~-~ (Secretary) c~~ ~ (S re ry) c:.:~ APPROYID AS FORM & LANGUAGe & FOR EXECUTION ,I I;/.VJ~ 03 F MIAMI BEACH, FLORIDA GOMEZ BARKER ASSOCIATES. INC. By: \ -:r~. ,4--:- Fausto Gomez, President ~aYOf~ 20~ '- ROBERT M. LEVY & ASSOCIATES. INC. By: Lday of ~~1'Ibar. 20~ RUTLEDGE. ECENIA. PURNELL & HOFFMAN. P.A. Rutled~:~ E:eni '__ n~an, P.A. C"":C_. . ..C_.~~ Gary R. Rutledge, President SyL day of fJ. ( .: .-bt. / , 20 O~ 10