93-20909 Reso RESOLUTION NO. 93-20909
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND KATZ, RUTTER, HAIGLER,
ALDERMAN, DAVIS, MARKS & BRYANT (THE
CONSULTANT) TO PROVIDE LEGISLATIVE AND
LOBBYING SERVICES FOR THE 1994 FLORIDA
]LEGISLATIVE SESSION
WHEREAS, the City wishes to retain a consultant for lobbying
and consulting services on the City's behalf, and to represent the
' City before all State agencies located in Tallahassee, Florida;
and,
WHEREAS, the City wishes to retain the Consultant for the
provision of services pursuant to the attached Legislative Services
Agreement, under the terms and conditions set forth therein.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT THE MAYOR AND
CITY CLERK ARE HEREBY AUTHORIZED TO EXECUTE THE ATTACHED AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND KATZ, RUTTER,. HAIGLER,
ALDERMAN, DAVIS, MARKS & BRYANT TO PROVID- LEGISLATIVE SERVICES ON
BEHALF OF THE CITY FOR THE 1994 FLORIDA EGISLATIVE SESSION.
PASSED and ADOPTED this *th day . October __ 3 .
A, it—....
J MAYOR
ATTEST:
Of
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CITY CLERK
FORM APP ED
LE T.
. Date V3/63
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. )'793
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• TO: Mayor Seymour Gelber and DATE: October 6, 1993
Members of the City Commission
FROM: Roger M. C-#
City Managele
SUBJECT: LEGISLATIVE SERVICES AGREEMENT WITH KATZ, RUTTER,
HAIGLER, ALDERMAN, DAVIS, MARKS & BRYANT TO PROVIDE LEGAL .
AND LOBBYING REPRESENTATION FOR THE 1994 LEGISLATIVE
SESSION
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission adopt the
attached resolution authorizing the Mayor and the City Clerk to
execute the Legislative Services Agreement with Katz, Kutter,
Haigler, Alderman, Davis, Marks & Bryant, P.A. , (the Consultant) to
provide legal and lobbying representation for the 1994 legislative
session.
BACKGROUND: •
During the 1993 legislative session the Consultant monitored
approximately 46 bills on behalf of the City of Miami Beach. These
included the Hurricane Andrew Supplemental Appropriations bill
which provided for reimbursement of $802,929 to the City for
revenue losses resulting from the hurricane; the General
Appropriations Act which provided for a $500,000 allocation to the
Bass Museum through the Division of Cultural Affairs; and an
amendment to the Resort Tax laws which will eliminate the exemption
for beer and malt sales and will provide an additional $70,000 in
revenues to the City.
ANALYSIS:
The agreement shall be on the same basis as last year with no
increase in fees, as follows:
1. Legal and lobbying representation before the 1994 Session of
the Florida Legislature, commencing October 1, 1993 for a
period of one year
2. Fee is $60,000; legislative expense allowance cannot exceed
$5,000; and reimbursement for out-of-pocket expenses such as
telephone, copying, courier services travel expenses and
similar charges
3. Representation of the City on environmental issues will be
provided on an hourly basis with an aggregate not to exceed
$25,000 plus- out-of-pocket expenses
4. The Consultant will furnish the City with monthly performance
and informational reports regarding their legislative
activities on behalf of the City including the extent •.pf
participation of individual members of the Consultant's firm 1
and any other participants in this contract who are not
employed by the Consultant's firm.
AGENDA R-17
ITEM
DATE `� E
•
Commission Memorandum - October 6, 1993
State Legislative Representation
Page 2
MINORITY REPRESENTATION:
Preliminary discussions have been held by the Administration with
a number of firms with expertise in minority issues. It is the
recommendation of the Administration that the City Attorney and the
Mayor be authorized to work with the consultant to interview a
number of firms with expertise in this area. A fee cap of $20,000
will be established and the selected firm will establish a
relationship with Katz, Kutter, Haigler, Alderman, Davis, Marks &
Bryant.
CONCLUSION:
The City should continue to utilize the services of Katz, Kutter,
Haigler, Alderman, Davis, Marks & Bryant to provide legislative and
lobbying services for the 1994 legislative session.
RMC:km
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CITY OF MIAMI BEACH
LEGISLATIVE SERVICES AGREEMENT
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THIS AGREEMENT made and entered into this 1st day of October, 1993,
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 BRYANT, 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 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.
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.
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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. THE CONSULTANT will counsel and assist THE CITY with regard to any
environmental issues before any State agency involving THE CITY.
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 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.
2. OBLIGATIONS OF THE CITY OF MIAMI BEACH
A. THE CITY will contract with THE CONSULTANT for a period of one year.
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B. The basic agreement in regard to the 1994 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.
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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. 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 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.
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
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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 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.
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
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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.
10. 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 $60,000. 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 $60,000, 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$60,000 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.
11. ARBITRATION
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
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the Commercial Arbitration Rules of the American Arbitration Association, and 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 arbitrator, then the American Arbitration
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.
THIS AGREEMENT shall take effect on the 1st day of October, 1993, and shall terminate
on the 30th day of September, 1994, unless mutually extended by the parties.
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 BR ANT, P.A. • _
ALLAN KATZ `
("adiveht.4.. PRESIDENT ,�ANA� ING PARTNER
Attest: CI OF MIAMI BEA H, a municipal
c. 'oration of the S . , of Flori u .
W(142`4J`tv-rtN.,
RICHARD BROWN S ' •^T GELBER
CITY CLERK •R
FORM APPROVED
LEGAL DEPT.
BY: `-ec-,Q
DATE: ?-Z11- � �
KM:Icd
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