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PSA with Rutledge Ecenia, P.A.Docusign Envelope ID:FOAEF 1D -D7D8-4656-8987-1A0176720E5B 20 2 4 -334 5 0 Contract No 25-182-01 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND RUTLEDGE ECENIA,P.A. FOR STATE LEGISLATIVE CONSULTING SERVICES 1 Thus Professional Services Agreement (Agreement")is entered into this (Effective Date"),between the CITY OF MIAMI BEACH,FLORIDA,a municipal corporation organized and existing under the laws of the State of Florida,having its principal offices at 1700 Convention Center Drive,Miami Beach,Florida,33139 (he "Cy).RUTLEDGE ECENIA, P.A..a Florida Corporation,whose address is 119 South Monroe Street,Suite 202, Tallahassee,Florida 32301 ("Consultant"). SECTION 1 DEFINITIONS Agreement: City Manager City Manager's Designee: Consultant: Services: Fee: Risk Manager· This Agreement between the City and Consultant,including any exhibits and amendments thereto. The chief administrative officer of the City. The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City.The City Manager's designee shall be Christina Baguer,Chief of Staff. For the purposes of this Agreement,Consultant shall be deemed to be an independent contractor,and not an agent or employee of the City. All services,work and actions by the Consultant performed or undertaken pursuant to the Agreement. Amount paid to the Consultant as compensation for Services The Risk Manager of the City,with offices at 1700 Convention Center Drive,Third Floor,Miami Beach,Florida 33139,telephone number (305) 673-7000,Ext 26724,and fax number (305)673-7529. Docu sign Envelope ID:FOAEF 1BD-D7D8-4656-89B7-1A0176720 5B Contract No.25 182-0l SECTION 2 SCOPE OF SERVICES 2.1 Inconsideration of the Fee to be paid to Consultant by the City,Consultant shall provide the work and services described in Exhibit "A"hereto (the "Services") Although Consultant may be provided with a schedule of the available hours to provide its Services,the City shall not control nor have the right to control the hours of the Services performed by the Consultant;where the Services are performed (although the City will provide Consultant with the appropriate location to perform the Services)when the Services are performed,including how many days a week the Services are performed;how the Services are performed,or any other aspect of the actual manner and means of accomplishing the Services provided.Notwithstanding the foregoing,all Services provided by the Consultant shall be performed in accordance with the terms and conditions set forth in Exhibit "A"and to the reasonable satisfaction of the City Manager.If there are any questions regarding the Services to be performed,Consultant should contact the following person. Christina Baguer,Chief of Staff, City of Miami Beach Office of the City Manager 1700 Convention Center Drive,4"Floor Miami Beach,FL 33139 2.2 Consultant's Serices,and any deliverables incident thereto,shall be completed in accordance with the timeline and/or schedule in Exhibit "A"hereto SECTION 3 TERM The term of this Agreement ("Term")shall commence upon execution of this Agreement by all parties hereto (the Effective Date set forth on p.1 hereof)and shall have a one (1)year term. Notwithstanding the Term provided herein,Consultant shall adhere to any specific timelines, schedules,dates,and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit "A"hereto. SECTION 4 FEE 4.1 In consideration of the Services to be provided,the City shall pay the Consultant a total annual fee not to exceed $54,QQQ (the "Fee"). The fee shall be paid in equal monthly installments of $4,500,due at the end of each month during the Term,beginning on the Effective Date stated on page 1 of this Agreement.The monthly installments shall become payable upon the execution of this Agreement The parties hereby acknowledge and agree that any payments to the Consultant due under the Agreement shall be made by the City to RUTLEDGE-ECENIA. Docusign Envelope ID:FOAEF 1BD-D7D8-4656-89 7-1A0176720£5 Contract No.25-182-01 4.2 FLORIDA LOBBYING FEE DISCLOSURE Under Section 112.3215,Florida Statutes,lobbying firms in Florida are required on a quarterly basis to publicly disclose fees billed or received from clients for lobbying efforts at the state level.The !aw mandates that lobbying firms ailocate fees between lobbying and non-lobbying services,legislative and executive branch lobbying,and lobbying performed by the firm that occurred at other levels of government 4.3 INVOICING Upon receipt of an acceptable and approved invoice,payment(s)shall be made within forty-five (45)days for that portion (or those portions)of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof)provided,and shall be submitted to the City at the following address:. Accounts Payable:Payables@mniamibeact[i_gov SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner,or otherwise violates,any of the covenants,agreements,or stipulations material to this Agreement,the City,through its City Manager,shall thereupon have the right to terminate this Agreement for cause.Prior to exercising its option to terminate for cause,the City shall notify the Consultant cf its violation of the particular term(s)of this Agreement,and shall grant Consultant ten (10)days to cure such default.If such default remains uncured after ten (10)days,the City may terminate this Agreement without further notice to Consultant Upon termination,the City shall be fully discharged from any and all liabilities,duties,and terms arising out of,or by virtue of,this greerent. Notwithstanding the above,the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant The City,at its sole option and discretion,shall be entitled to bring any and all iegal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Consultant The City shall be entitled to recover all costs of such actions,including reasonable attorneys'fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO,THROUGH ITS CITY MANAGER,AND FOR ITS CONVENIENCE AND WITHOUT CAUSE,TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION;WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSUL TANT OF SUCH NOTICE. 3 Docusign Envelope ID:FOAEF 1BD-D7D8-4656-89B7-1A0176720E5B Contract No.25-182-01 ADDITIONALLY,IN THE EVENT OF A PUBLIC HEAL TH,WELFARE OR SAFETY CONCERN,AS DETERMINED BY THE CITY MANAGER,IN THE CITY MANAGER'S SOLE DISCRETION,THE CITY MANAGER,PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONSUL TANT,MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN,OR IN THE ALTERNATIVE,TERMINATE THIS AGREEMENT ON A GIVEN DATE.IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY,CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION;FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES,DUTIES,ANO TERMS ARISING OUT OF,OR BY VIRTUE OF,THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors.In such event,the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify,defend and hold harmless tne City of Miami Beach and its officers,employees,agents,and contractors,from and against any and all actions (whether at law or in equity),claims,liabilities,losses,and expenses,including.but not limited to,attorneys' fees and costs,for personal,economic or bodily injury,wrongful death,loss of or damage to property,which may arise or be alleged to have arisen from the negligent acts,errors, omissions or other wrongful conduct of the Consultant,its officers,employees,agents, contractors,or any other person or entity acting under Consultant's control or supervision,in connection with,related to,or as a result of the Consultant's performance of the Services pursuant to this Agreement.To that extent,the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses,and shall pay all costs and attorneys'fees expended by the City in the defense of such claims and losses,including appeals.The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way iimit the Consultant's responsibility to indemnify,keep and save harmless and defend the City or its officers,employees,agents and instrumentalities as herein provided. The parties agree that one percent (1%)of thc total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for (he Consultant's indemnity agreement.The provisions of this Section 6 I and of this indemnification shall survive termination or expiration of this Agreement 4 DOocusign Envelope ID:FOAEF 1BD-D78-4656-89B7-1A0176720E5 Contract No.25-182 01 6.2 INSURANCE REQUIREMENTS 6.3 The Consultant shall maintain the below required insurance in effect prior to awarding the agreement and for the duration of the agreement.The maintenance of proper insurance coverage is a material eiement of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract,which could result in withholding of payments or termination of the Agreement. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. •Consultant General Liability ,in an amount not less than $1,000,000. C Automobile Liability Insurance covering all owned,non-owned and hired vehicles used in connection with the work,in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim,if any,not to exceed 10%of the limit of liability. 6.4 Additional Insured -City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation)arising out of work or operations performed on behalf of the Consultant including materials,parts,or equipment furnished in connection with such work or operations and automobiles owned,leased,hired or borrowed in the form of an endorsement to the Consultant's insurance. 6.5 Notice of Cancellation -Each insurance policy required above shall provide that coverage shall not be cancelled,except with notice to the City of Miami Beach c/o EX!GIS Insurance Compliance Services. 6.6 Waiver of Subrogation --Consultant agrees to obtain any endorsement that may be necessary to affec1 the waiver of subrogation cin the coverages required.However,this provision applies regardless of whether he City has received a waiver of subrogation endorsement from the insurer. 6.7 Acceptability of Insurers -Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher.If not rated,exceptions may be made for members of the Florida Insurance Funds (i.e.FWCIGA,FAJUA).Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida 6.8 Verification of Coverage -Consultant shall furnish the City with original certificates and amendatory endorsements,or copies of the applicable insurance language,effecting coverage required by this contract.l!certificates and endorsements are to be received and approved by the City before work commences.However,failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them.The City reserves the right to require complete,certified copies of all required insurance policies, including endorsements,required by these specifications,at any time. Docusign Envelope ID:FOAEF 1BD-D7D8-4656-89B7-1A0176720E5B Contract N0.25-182-01 CERTIFICATE HOLDER ON ALL COi MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compiiance Services PO Box 947 Murrieta,CA 92564 Kindly submit all certificates of insurance,endorsements,exemption letters to our servicing agent,EXIGIS,at: 6.9 Special Risks or Circumstances --The City of Miami Beach reserves the right to modify these requirements,including limits,based on the nature of the risk,prior experience, insurer,coverage,or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida.This Agreement shall be enforceable in Miami-Dade County,Florida,and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County,Florida.By entering into this Agreement,Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the 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 $10,000 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 $10,000 Accordingly,and notwithstanding any other term or condition of this Agreement,Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of S10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section 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 6 Docusign Envelope ID:FOAEF 1D -D7D8--4656-89 7-1A0176720E5 Contract No.25-1820I SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS;COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplated herein,Consultant shall exercise that degree of skill,care,efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the Services,Consultant shall comply with all applicable laws,ordinances, and regulations of the City,Miami-Dade County,lhe State of Florida,and the federal government,as applicable. 9.3 PATENT RIGHTS;COPYRIGHT;CONFIDENTIAL FINDINGS Any work product arising out of this Agreement,as well as all information specifications, processes,data and findings,are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant,without the prior written consent of the City Manager,excepting any information,records etc which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports,documents,articles,devices,andior work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City,and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub-consultants,without the prior written consent of the City Manager. SECTION 10 GENERAL.PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant,and at any time during normal business hours (i.e.9AM --5PM,Monday through Fridays,excluding nationally recognized holidays),and as often as the City Manager may,in his/her reasonable discretion and judgment,deem necessary,there shall be made available to the City Manager,and/or such representatives as the City Manager may deem to act on the City's behalf,to audit,examine, and/or inspect,any and all other documents and/or records relating to all matters covered by this Agreement.Consultant shall maintain any and ail such records at its place of business at Ihe address set forth in the "Notices"section of this Agreement. 10.2 INSPECTOR GENERAL AUDIT RIGHTS (AA)Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office of the Inspector General which may,on a random basis,perform 7 Docusign Fnvelope ID:FOAEF 1BD-D78-4656-897-1A0176720E58 Contract No.25 18201 reviews,audits,inspections and investigations on all City contracts,throughout the duration of said contracts.This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B)The Office of the Inspector General is authorized to investigate City affairs and empowered to review past,present and proposed City programs,accounts,records, contracts and transactions.In addition,the Inspector General has the power to subpoena witnesses,administer oaths,require the production of witnesses and monitor City projects and programs.Monitoring of an existing City project or program may include a report concerning whether the project is on time,within budget and in conformance with the contract documents and applicable law.The Inspector General shall have the power to audit,investigate,monitor,oversee,inspect and review operations,activities,performance and procurement process including but not limited to project design,bid specifications,(bid/proposal)submittals,activities of the Consultant, its officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption.Pursuant to Section 2-378 of the City Code,the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (CJ Upon ten (10)days written notice to the Consultant,the Consultant shall make all requested records and documents available to the Inspector General for inspection and copying.The Inspector General is empowered to retain the services of independent private sector auditors to audit,investigate,monitor,oversee,inspect and review operations activities,performance and procurement process including but not limited to project design,bid specifications,(bid/proposal)submittals,activities of the Consultant its officers,agents and empioyees,lobbyists,City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. (D)The Inspector General shall have the right to inspect and copy all documents and records in the Consultant's possession,custody or control which in the Inspector General's sole judgment,pertain to performance of the contract,including.but not limited to original estimate files.change order estimate files,worksheets,proposals and agreements from and with successful subcontractors and suppliers,all project-related correspondence,memoranda,instructions,financial documents,construction documents,(bid/proposal)and contract documents,back-change documents,all documents and records which involve cash,trade or volume discounts,insurance proceeds,rebates,or dividends received,payroll and personnel records and supporting documentation for the aforesaid documents and records (E)The Consultant shall make available at its office at all reasonable times the records, materials,and other evidence regarding the acquisition (bid preparation)and performance of this Agreement,for examination,audit,or reproduction,until three (3) ycars after final payment under this Agreement or for any longer period required by 8 Docusign Envelope ID:FOAEF 1BD-7D8-4656-89B7-1\0176720E5 Contract No.25-182-01 statute or by other clauses of this Agreement.In addition: i.If this Agreement is completely or partially terminated,the Consultant shall make available records relating to the work terminated until three (3)years after any resulting final termination settlement;and ii.The Consultant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating lo this Agreement until such appeals,litigation,or claims are finally resolved. (F)The provisions in this section shall apply to the Consultant,its officers,agents, employees,subcontractors and suppliers.The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of this Agreement. (G)Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities.The provisions of this section are neither intended nor shall they be construed to impose any liability or the City by the Consultant or third parties 10.3 ASSIGNMENT,TRANSFER OR SUBCONSULTING Consultant shall not subcontract,assign,or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager,which consent,if given at all,shall be in the Manager's sole judgment and discretion.Neither this Agreement,nor any term or provision hereof,or right hereunder,shall be assignable unless as approved pursuant to this section,and any attempt to make such assignment (unless approved)shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services,the Consultant shail file a State of Florida Form PUR 7068,Sworn Statement under Section 287.133(3)a)Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NO DISCRIMINATION In connection with the performance of the Services,the Consultant shall not exclude from participation in,deny the benefits of,or subject to discrimination anyone on the grounds of race,color,national origin,sex,age,disability,religion,income or family status. Additionally,Consultant shall comply fully with the City of Miami Beach Human Rights Ordinance,codified in Chapter 62 of the City Code,as may be amended from time to time, prohibiting discrimination in employment,housing,public accommodations,and public services on account of actual or perceived race,color,national origin,religion,sex, intersexuality,gender identity,sexual orientation,marital and familial status,age,disability, ancestry,height,weight,domestic partner status,labor organization membership,familial situation,or political affiliation. 9 Docusign Envelope ID:FOAEF 1BD-D7D8-4656-8987-1A0176720E5B Contract No.25-182-0I 10.6 CONFLICT OF INTEREST Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions,as set forth in the Miami-Dade County Code,as may be amended from lime to time;and by the City of Miami Beach Charter and Code,as may be amended from time to time;both of which are incorporated by reference as if fully set forth herein. Consultant covenants that it presently has no interest and shall not acquire any interest. directly or indirectly,which could conflict in any manner or degree with the performance of the Services.Consultant further covenants that in the performance of this Agreement,Consultant shall not employ any person having any such interest.No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A)Consultant shall comply with Florida Public Records law under Chapter 119,Florida Statutes,as may be amended from tirne to time. (B)The term "public records"shall have the meaning set forth in Section 119.011(12),which means all documents,papers,letters,maps,books,tapes,photographs,films,sound recordings,data processing software,or other material,regardless of the physical form, characteristics,or means of transmission,made or received pursuant to law or ordinance or in connection with the transaction of official business of the City (C)Pursuant to Section 119.0701 of the Florida Statutes,if the Consultant meets the definition of "Consultant"as defined in Section 119.0701(1)a),the Consultant shall (1)Keep and maintain public records required by the City to perform the service; (2)Upon request from the City's custodian of public records,provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law, (3)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed,except as authorized by law,for the duration of the contract term and following completion of the Agreement if the Consultant does not transfer the records to the City; (4)Upon completion of the Agreement,transfer,at no cost to the City,all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service.I the Consultant transfers all public records to lhe City upon completion of the Agreement,the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the Consultant keeps and maintains public records upon completion of the Agreement,the Consultant shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the City,upon request from the City's custodian of public records,in a format that is compatible with the information technology systems of the City. 10 Docusign Envelope ID:FOAEF 1BD-D7D8-4656-89B7-1A0176720E53 Contract No.25-182-01 (0)REQUEST FOR RECORDS;NONCOMPLIANCE. (1)A request to inspect or copy public records relating to the City's contract for services must be made directly to the City.If the City does not possess the requested records,the City shall immediately notify the Consultant of the request,and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2)Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement,and the City,at its sole discretion,may:(1)unilaterally terminate the Agreement;(2)avail itself of the remedies set forth under the Agreement;and/or (3)avail itself of any available remedies at law or in equity. (3)A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s 119.10 (E)CIVIL ACTION. (1)If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services,the court shall assess and award against the Consultant the reasonable costs of enforcement,including reasonable attorneys'fees,if: a.The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time;and b.At least 8 business days before filing the action,the plaintiff provided written notice of the public records request,including a statement that the Consultant has not complied with the request,to the City and to the Consultant. (2)A notice complies with subparagraph (1)(b)if it is sent to the City's custodian of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant's registered agent.Such notices must be sent by common carrier delivery service or by registered,Global Express Guaranteed,or certified mail,with postage or shipping paid by the sender and with evidence of delivery,which may be in an electronic format. (3)A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F}IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION:RAFAEL E.GRANADO,CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 E-MAIL:RAFAEL GRANADO@LAM!BEACHEL.GOy PHONE:305-673-7411 11 Docusign Envelope ID:FOAEF 1BD-D7D8-4656-8987-1A0176720E5B Contract No.25-182-01 10.8 FORCE MAJEURE (A)A Force Majeure"event is an event that (i)in fact causes a delay in the performance of the Consultant or the City's obligations under the Agreement,and (ii)is beyond the reasonable control of such party unable to perform the obligation,and (iii)is not due to an intentional act,error,omission,or negligence of such party.and (iv)could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event.Subject to the foregoing criteria,Force Majeure may include events such as war,civil insurrection,riot,fires,epidemics,pandemics,terrorism, sabotage,explosions,embargo restrictions,quarantine restrictions,transportation accidents,strikes.strong hurricanes or tornadoes,earthquakes.or other acts of God which prevent performance.Force Majeure shall not include technological impossibility, inclement weather,or failure to secure any of the required permits pursuant to the Agreement. (B)If the City or Consultant's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure,such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15)business days thereof,provide notice:(i)of the occurrence of event of Force Majeure,(ii)of the nature of the event and the cause thereof,(iii)of the anticipated impact on the Agreement,(iv)of the anticipated period of the delay,and (v)of what course of action such party plans to take in order to mitigate the detrimental effects of the event.The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section;however,receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure,and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C}No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable,in whole or in part,by Force Majeure to carry out such obligations.The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required.The party shall use its reasonable best efforts to continue to perform ils obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event,and lo correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (0)Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event,causing the suspension of performance,shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible.The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E)Notwithstanding any other provision to the contrary herein,in the event of a Force Majeure occurrence,the City may at the sole discretion of the City Manager,suspend the City's payment obligations under the Agreement,and may take such action without regard to the notice requirements herein.Additionally,n the event that an event of 12 Docusign Envelope ID,F0AEF 1BD-D7O8-4656-89B7-1A0176720E5 Contract No.25-182-0I Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30)days,the City may,at the sole discretion of the City Manager, terminate the Agreement on a given date.by giving written notice to Consultant of such termination.If the Agreement is terminated pursuant to this section,Consultant shall be paid for any Services satisfactorily performed up to the date of termination:following which the City shall be discharged from any and all liabilities.duties,and terms arising out of,or by virtue of,this Agreement In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A)Consultant shall comply with Section 448.095,Florida Statutes."Employment Eligibility" ('E-Verify Statute"),as may be amended from time to time.Pursuant to the E-Verify Statute,commencing on January 1,2021.Consultant shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement.Additionally,Consultant shall expressly require any subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S.Department of Homeland Security's E-Verify system lo verify the employment eligibility of all new employees hired by the subconsultant during the contract Term.If Consultant enters into a contract with an approved subconsultant,the subconsultant must provide the Consultant with an affidavit stating that the subconsultant does not employ,contract with,or subcontract with an unauthorized alien.Consultant shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B)TERMINATION RIGHTS. (1)If the City has a good faith belief that Consultant has knowingly violated Section 448.09(1),Florida Statutes,the City shall terminate this Agreement with Consultant for cause.and the City shall thereafter have or owe no further obligation or liability to Consultant. (2)If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 10.9),but the Consultant otherwise complied with such subsection,the City will promptly notify the Consultant and order the Consultant to immediately terminate the Agreement with the subconsultant.Consultant's failure to terrrnnate a subconsultant shall be an event of default under this /\greemcnt,entitling City to terminate the Consultant's contract for cause. (3)A contract terminated under the foregoing Subsection (B)1)or (B)2)is not in breach of contract and may not be considered as such. (4)The City or Consultant or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1)or (B)2)no later than 20 calendar days after the date on which the contract was terminated (S)If the City terminates the Agreement with Consultant under the foregoing Subsection (B)(1).Consultant may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6)Consultant is liable for any additional costs incurred oy the City as a result of (he termination of this Agreement under this Section 10.9. 13 D ocusign Envelope ID .FOA EF 1B D -78 -4656-898 7-1A 0176720£5B Contract No.25-182-01 10.10 CONSULTANT'S COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS Consultant agrees to comply with Section 787.06,Florida Statutes,as may be amended from time to time,and has executed the Certification of Compliance with Anti-Human Trafficking Laws,as required by Section 787 06(13),Florida Statutes,a copy of which is attached hereto as Exhibit "B" 10.11 PROHIBITED LOBBYING ACTIVITIES Pursuant to Section 2-485.2 of the City Code,by virtue of submitting a bid,Consultant agrees that any person or entity retained as a lobbyist by the city is prohibited from lobbying any city officer,deparlmenlal personnel or employee in connection with any judicial or other proceeding, application,RFP,RFO,RFU,bid,request for ruling or other determination,contract or controversy on behalf of any third party for the length of the contract or other agreement between the lobbyist and the city. SECTION 11 NOTICES Until changed by notice,in writing,all such notices and communications shall be addressed as follows: TO CONSUL TANT: TO CITY: RUTLEDGE ECENIA,P.A Attn:Diana Ferguson,Esq. 119 South Monroe Street,Suite 202 Tallahassee,FL 32301 Ph:.850-681-6788 1 850-459-3453 mat:dferguson@rutledge-ecenia.com Office of the City Manager Attn:Christina Daquer,Chief of Staff 1700 Convention Center Drive Miami Beach,FL 33139 Ph.305-673-7010 ext 26259 Email:christinabaguer@mniamibeach'fl gov All notices mailed electronically to either party shall be deemed to be sufficiently transmitted. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties.No modification,amendment,or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith 14 Docusign Envelope ID:FOAEF 1D-D7D8-4656-897-1A0176720E53 Contract No.25-182-0I 12.2 SEVERABILITY lf any term or provision of this Agreement is held invalid or unenforceable,the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement.A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties,the language has been agreed to by parties to express their mutual intent and the resulting document shall not,solely as a matter of judicial construction,be construed more severely against one of the parties than the other. 12.5 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire agreement between the parties.This Agreement supersedes all prior negotiations,correspondence,conversations,agreements or understandings applicable to the matters contained herein,and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document.Tille and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK] 15 Docusign Envelope ID:FOAEF 1BD-D7D8-4656-89B7-1A0176720E5 Contract No.25-182-01 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their appropriate officials,as of the date first entered above. .£ Rafael E Granado,City Clerk IANDate: FOR CONSULTANT: R U T LE D G E ECE N IA ,P .A . '(¢+o Dae.}l ) 16 CITY OF MIAMI BEACH,FLORIDA =(Ga-. Eric Carpenter,Cly Manager APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION9,ks )5 Cy Atomey Dae Docusign Envelope ID:FOAEF 1BD-D7D8-4656-89B7-1A0176720E5 Contract No.25-182.01 EXHIBIT A SCOPE OF SERVICES I.Consultant(s)shall provide the following services: A.Confer with the City on all organizational planning and program activity that affects the city's ability to make the best use of State programs B.Maintain liaison with the City's legislative delegation and assist in any matter that the City determines is in its best interest,growing relationships and collaborating with various parties involved with clients'programs. C.Counsel the City regarding appearances by City personnel before the 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.Assist the City in reviewing executive proposals,legislation under consideration,proposed and adopted administrative rules and regulations,and other developments for the purpose ot advising the City of those items mutually agreed upon that may have a significant bearing on the City's policies or programs. E.Communicate and coordinate with other lobbyists representing interests that are consistent with those of the City in obtaining the goals and objectives of the City. F.Assist in contacting State agencies on the City's behalf when City funding applications are under consideration by such agencies. G Provide monthly reports detailing activities and legislative services provided on behalf of and for the benefit of the City in the previous month. H.Provide interim reports on an as needed basis addressing matters of City involvement concerns,interest,and particular projects identified for pursuance on behalf of the City. I.Review,identify,and monitor federal legislative,executive,and regulatory policy changes or developments to advise the City on those that may significantly affect City policies,funding,and programs. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK] 7 Docusign Envelope ID:FOAEF 18D-D7D8-4656-897-1A0176720E5 Contract No.25-182-01 EXHIBIT B ANT-HUMAN TRAFFICKING CERTIFICATION Affidavit of Compliance with Anti-Human Trafficking Laws 2025-182-01-STATE LEGISLATIVE CONSULTING SERVICES Contract Number and Title Pursuant to section 787.06(13),Florida Statutes,this portion of the form must be com pleted by an officer or representative of the nongovern mental entity executing,renewing,or extending a contract with a govern mental entity. Name of entity does not use coercion for labor or services as defined in section 787.06,Florida Statutes. Under penalties of perjury ,I declare that I have read the fo regoing statement and that the facts stated in it are true. Entity Name:Rutledge Ecenia,PA Repre sentative/Officer's Printed Name:Diana Ferguson Representative/Officer's Title:Shareholder Signature: {'//'-. //-«ar 18 Date: RESOLUTION NO.2024-33450 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION)AND WAIVING BY A 5/7TH VOTE THE FORMAL COMPETITIVE BIDDING REQUIREMENT,AS PERMITTED IN SECTION 2-367(E)OF THE CITY CODE,FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY,AND AUTHORIZING THE CITY MANAGER ANO CITY ATTORNEY TO NEGOTIATE AN AGREEMENT WITH RUBIN,TURNBULL &ASSOCIATES,INC.AND RUTLEDGE- ECENIA,(AGREEMENTS)TO PROVIDE STATE LEGISLATIVE CONSULTING SERVICES FOR A TERM OF UP TO ONE YEAR,FOR A FEE OF $54,000 (PAYABLE IN EQUAL MONTHLY INSTALLMENTS) FOR EACH FIRM AND INCLUDING SUCH OTHER TERMS AS ARE CUSTOMARY IN SIMILAR AGREEMENTS FOR SUCH SERVICES;AND FURTHER,AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENTS. WHEREAS,at the March 13,2024 Commission meeting,the City Commission approved a referral to the Finance and Economic Resiliency Committee (FERC)to discuss the allocation of funding for new or additional lobbying efforts to advocate for the City for the 2025 legislative session;and WHEREAS,recognizing the significant need to enhance the City's state legislative representation to advocate for the City's key legislative priorities,on April 9,2024,the FERC recommended that the City proceed with procuring additional State Legislative Consulting Services for the 2025 legislative session,which recommendation was approved by the City Commission at the May 15,2024,meeting;and WHEREAS,on June 26,2024,the City Commission approved the issuance of RFQ NO.2024-413-WG for State Leg islative Consulting Services,wit h responses due on August 16,2024;and WHEREAS,two proposals were received in response to RFQ NO.2024-413-WG: one from Capital City Consulting.LLC ("Capital City").and another from Sun City Strategies,LLC ("Sun City");and WHEREAS,at the conclusion of the procurement process,the City Commission, through Resolution No.2024-33303 adopted on October 30,2024,accepted the recommendation of the City Manager to enter into negotiations with Capital City,the top- ranked proposer;and WHEREAS,the negotiation of the agreement with Capital City is nearly finalized; and WHEREAS,the City is currently considering the rescission of the primary lobbying contract for state legislative items;and WHEREAS,given the substantial scope of the City's legislative priorities,it is important to ensure the City has sufficient resources to increase the City's advocacy efforts from last session;and WHEREAS,if the Commission chooses to terminate the primary lobbying contract for convenience,the City Manager recommends that the Mayor and City Commission waive,by a 5/7ths vote,the formal competitive bidding requirement,as permitted in Section 2-367(e)of the City Code,as being in the best interest of the City,and authorize the City Manager and City Attorney to negotiate an agreement with each of Rubin, Turnbull &Associates,Inc.and Rutledge &Ecenia,P.A.to provide state legislative consulting services for a term of up to a year,for a fee of $54,000 (payable in equal monthly installments)for each firm,and including such other terms as are customary in similar agreements for such services:and WHEREAS,Rubin,Turnbull &Associates,Inc.("RTA")and Rutledge &Ecenia, P.A.are highly regarded government relations firms with a proven track record of success in representing clients before the Florida State Legislature,Governor's office and other state agencies,and WHEREAS,both firms have a deep understanding of local legislative issues, coupled with extensive experience in South Florida,which uniquely positions them to support the City's legislative agenda for the upcoming 2025 season;and WHEREAS,given both firms'expertise and established presence in the region, the City Manager has determined that retaining their services will be a valuable complement to the services provided by Capital City;and WHEREAS,to expedite the engagement of these firms,the City Administration recommends waiving the formal competitive bidding process,in accordance with Section 2-367(e)of the City Code;and WHEREAS,pursuant to Section 2-367(e)of the City Code,upon the written recommendation of the City Manager,the formal competitive bidding requirement may be waived by a 5/7th vote of the City Commission if the waiver is deemed to be in the best interest of the City;and WHEREA S,the City Commission has determined it is in the best interest of the Gity to waive the competitive bidding requirement in order to engage Rubin,Turnbull & Associates,Inc.and Rutledge &Ecenia,P.A.for state legislative consulting services. 2 NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,that the Mayor and City Commission hereby accept the written recommendation of the City Manager (as set forth in the City Commission Memorandum accompanying this Resolution)and waive by a 517th vote the formal competitive bidding requirement,as permitted in Section 2-367(e) of the City Code,finding such waiver to be in the best interest of the City,and authorize the City Manager and City Attorney to negotiate an agreement with Rubln,Turnbull & Associates,Inc.and Rutledge &Ecenia,P.A.("Agreements"),to provide state legislative consulting services for a term of up to one year,for a fee of $54,000 (payable in equal monthly installments)for each firm and including such other terms as are customary in similar agreements for such services;and further,authorize the City Manager and City Clerk to execute the Agreements. PASSED AND ADOPTED this _lV day or (tube/2024. ATTEST:m DEC 1 2 2021 Rafael E.Granado,City Clerk Sponsored by Commissioner Alex J.Fernandez Sponsored by Commissioner Laura Dominguez a Steven Meiner,Mayor APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION 3 City Attorney 1z/9J2oz+t Date R eso lutio ns -R T M MIAMI BEACH COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Eric Carpenter,City Manager DATE:December 11,2024 TITLE:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION)AND WAIVING BY A 5/7TH VOTE THE FORMAL COMPETITIVE BIDDING REQUIREMENT,AS PERMITTED IN SECTION 2-367(E)OF THE CITY CODE,FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY,ANO AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AN AGREEMENT WITH RUBIN,TURNBULL &ASSOCIATES,INC.AND RUTLEDGE-ECENIA, (AGREEMENTS)TO PROVIDE STATE LEGISLATIVE CONSULTING SERVICES FOR A TERM OF UP TO ONE YEAR,FOR A FEE OF $54,000 (PAYABLE IN EQUAL MONTHLY INSTALLMENTS)FOR EACH FIRM AND INCLUDING SUCH OTHER TERMS AS ARE CUSTOMARY IN SIMILAR AGREEMENTS FOR SUCH SERVICES;AND FURTHER,AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENTS. RECOMMENDATION BACKGROUND/HISTORY ANALYSIS See attached memorandum. FISCAL_IMPACT STATEMENT D o es this Ordinance require a B usiness lm pact Estim ate? (FO R ORDINANCES ONLY) lf ap plicab le,the Business im pa ct Estim ate (B IE)was published on: See B IE at:htt ps://wwy _m iam ib eachfl._goy/city-hall/city-clgrk/m eeting-notices! FINANCIAL_INFORMATION 3 CONCLUSION Applicable Area Citywide ls this a "Residents Right to Knoyy"item, pursuant to City Code Section2.47? No Is this item related to a G.O.Bond Project? No Was this Agenda item_initially requested by a lobbyist which,as defined in Code Sec._2481, includes a principal engaged in lobbying?No If so,specify the name of lobbyist(s)and principal(s): Department City Manager Sponsor(s) o-sponsor(s) Condensed Title Accept Rec/Waive Bid/Negotiate Agmt,Provide State Legislative Consulting Services.CM 5/7 4 Resolutions MIAMI BEACH COMMISSION MEMORANDUM TO: FROM: DOATE: TITLE: Honorable Mayor.and Membe~]ot_the ~ily :;,.~miission Enc Carpenter,City Manager,:___<'t(Lx:.~':j';{;'.1'(,•1_,'- 1December11,2024 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH.FLORIDA,ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION)AND WAIVING BY A 517TH VOTE THE FORMAL COMPETITIVE BIDDING REQUIREMENT,AS PERMITTED IN SECTION 2- 367(E€)OF THE CITY CODE,FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY,AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AN AGREEMENT WITH RUBIN, TURNBULL &ASSOCIATES.INC.AND RUTLEDGE-ECENIA, (AGREEMENTS)TO PROVIDE STATE LEGISLATIVE CONSULTING SERVICES FOR A TERM OF UP TO ONE YEAR,FOR A FEE OF $54,000 (PAYABLE IN EQUAL MONTHLY INSTALLMENTS)FOR EACH FIRM AND INCLUDING SUCH OTHER TERMS AS ARE CUSTOMARY IN SIMILAR AGREEMENTS FOR SUCH SERVICES;AND FURTHER.AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENTS. RECOMMENDATION The City is currently considering the recession of the primary lobbying contract for state legislative items.We recently awarded a secondary contract for these services in the October meeting,that agreement is nearly finalized.We are concerned with being left in the middle of session without sufficient representation.In the event that the Commission chooses to cancel the current contract, the City Manager recommends that the Mayor and City Commission waive,by a 5/7ths vote,the formal competitive bidding requirement,as permitted in Section 2-367(e)of the City Code,as being in the best interest of the City,and authorize the City Manager and City Attorney to negotiate an agreement with Rubin,Turbui &Associates,inc.and Rutledge Ecenia to provide state legislative consulting services for a term of up to a year,for a fee of $54,000 (payable in equal monthly installments)for each firm and including such other terms as are customary in similar agreements for such services.The City Manager further recommends that the Mayor and City Commission authorize the City Manager and City Clerk to execute the final agreement with Rubin, Turnbull &Associates,Inc.and Rutledge Ecenia,following successful negotiations. BACKGROUND/HISTORY In preparation for the 2025 legislative session,the City has identified a significant need to enhance its state legislative representation to advocate for the City's key legislative priorities.As part of the City's efforts to procure additional state legislative consulting services,the City issued RFQ No.2024-413-WG for State Legislative Consulting Services on June 26,2024.The solicitation received two proposals:one from Capital City Consulting,LC,and the other from Sun City Strategies,LLC. 5 On October 30,2024,the City Commission,through Resolution No.2024-33303,authorized the City Manager to negotiate an agreement with Capital City Consulting,LLC,as the top-ranked proposer.Given the substantial scope of the City's legislative priorities,it is important to ensure we have sufficient resources to increase the City's advocacy efforts from last session. ANALYSIS Due to the timing of this situation and the impending legislative session,we want to ensure the City's interests are positioned to be ready to respond to any issues that may arise. Rubin,Turnbull &Associates,inc.and Rutledge-Ecena are highly regarded government relations firm with a proven track record of success in representing clients before the Florida State Legislature,Governor's office,and other state agencies.Both firms have a deep understanding of local legislative issues,coupled with their extensive experience in South Florida,uniquely positions them to support the City's legislative agenda for the upcoming 2025 session. Given both firms expertise and established presence in the region,the City Manager has determined that retaining their services will be a valuable complement to the services provided by Capital City Consulting,LLC.To expedite the engagement of these firms,the City Administration recommends waiving the formal competitive bidding process,in accordance with Section 2-367(e)of the City Code,which permits such a waiver by a 5/7th vote of the City Commission if deemed to be in the best interest of the City. FISCAL IMPACT STATEMENT The total cost of the services provided by Rubin,Turnbull &Associates,Inc.and Rutledge-Ecenia,is $54,000 each for a total of $108,000 for up to a one-year term,payable in equal monthly installments.The cost of these services has been allocated within the C ity's budget for state legislative consulting services Does_this Ordinance require a Business lmpact Estimate? (FOR ORDINANCES ONLY) if applicable,the Business Impact Estimate (BtE)was published on: See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION CONCLUSION For the reasons outlined above,it is recommended that the Mayor and City Commission approve the attached Resolution,authorizing the City Manager and City Attorney to negotiate an agreement with Rubin,Turnbull &Associates,Inc.and Rutledge-Ecenia,for state legislative consulting services,and further authorizing the City Manager and City Clerk to execute the final agreements. 6 Citywide Is this a"Residents Right to Know"item, pursuant to City Code Section_2-17? No Is this item related to a G.O.Bond Project? Was this Agenda ltem initially requested by a lobbyist which,as defined in Code Sec.2-481, includes a principal engaged in lobbying?No If so,specify the name of lobbyist(s)and principal(s): Department City Manager Sponsor(s) Co-sponsor(s] Condensed Title 7