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HomeMy WebLinkAboutGovernmental Services Agreement :). O() !:J- ZS"7 9 Cf CITY OF MIAMI BEACH GOVERNMENTAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this 20th day of February, 2005, between the CITY OF MIAMI BEACH, hereinafter called the CITY, a municipal corporation of the state of Florida, and the firm of JORDEN, BURT, ~N3CN AND- ~H- ~, LLP., 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. 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 Federal programs. B. The CONSULTANT will maintain liaison with the CITY'S Congressional 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 Congressional Committees and Federal administrative agencies and will assist the City and its personnel in negotiations with administrative agencies concerning City projects requiring Federal 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 Federal agencies on the CITY'S behalf on a mutually agreed upon basis when City funding applications are under consideration by such agencies. 2 G. Identify and notify the City in advance of opportunities such as grant opportunities and funding availability for transportation, community and economic development, environmental matters, beach renourishment, infrastructure improvement, hurricane recovery efforts, housing and urban development, homeless programs, intermodal programs, and any other areas of interest to the City. H. Establish and maintain working relationships with the executive and legislative branches of the federal government that will enhance the City's position with respect to financial assistance applications, regulatory procedures, legislation, budget authorizations and appropriations, and other areas of interest to the City. I. Consult with the City regarding any proposed formula changes in the Community Development Block Grant or other major federal programs to determine their impact on the City, and take the necessary steps as mutually agreed upon to bring changes in the best interest of the City. J. Upon request of the City, assist the City in any matter related to the Executive Branch of the State of Florida. K. Represent the City at Washington, D.C. area conferences or meetings as 3 requested. L. Conduct a semi-annual briefing to the City to provide the latest information on issues of interest to the City, and submit an annual report of accomplishments concerning the Consultant's responsibilities. 2. OBLIGATIONS OF THE CITY MIAMI BEACH A. The basic agreement for the initial period between February 20, 2005 through September 30,2005, will be for $7,500 per month. Payments will be in advance in equal monthly installments of $7,500 payable immediately upon execution of this agreement. Year one shall be the first full year of the Agreement, or the period commencing on October 1, 2005 and ending on September 30, 2006, will be for the base of$100,000 per year. Year two and year three of the agreement will be for the base of $100,000 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 19th day of February, 2005, and shall terminate on the 30th day of September, 2008, subject to the provisions of paragraph 4. 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 prorated as of such date. I n 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, 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 6 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. 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 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 any more restrictive law and/or guidelines regarding conflict of interest promulgated 7 by federal, state or local governments. 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 $1 00,000. 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 $100,000 which amount shall be reduced by the amount for the funding actually paid by the CITY to CONSULTANT pursuant to this Agreement, for any 8 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. 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 abov,e. . .,....; ,.. , .,~' -"\.' " ,'A Te5T:., '" \ " I, .' ..._ ',' "' ..:, ;iJMJ: f~~ , . R;poert Par~her, City Clerk .f" ': " [If incorporated sign below] ~d ary) (Corporate Seal) MIAMI BEACH, FLORIDA JORDEN. BURT. BERENSON. & JOHNSON. LLP. ~~ ~ C----';~ ---By: ' ~~ ~M~on 2?~ayof~cL ,201/5 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 41/ LJ.n'ltfL ("' ~_()> ~ Date Mary Anne Caporaletti Notary Public, District of Columbia My Commission Expires 1-31-2008 10 'J (!t1J)etKw tk V(6/oJ- Cf/~O ! pi' - 2oo~-. ZS-7 q Y }ORDENBURT 1025 THOMAS JEFFERSON STREET, N.W. SUITE 400 EAST WASHINGTON, D.C. 20007-5208 (202) 965-8100 FAX: (202) 965-8104 777 BRICKELL AVENUE SUITE 500 MIAMI, FL 33131-2803 (305) 371-2600 FAX: (305) 372-9928 March 30, 2005 Mr. Kevin Crowder Director, Economic Development Division City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, FL 33139 175 POWDER FOREST DRIVE SUITE 201 SIMSBURY, cr 06089-9658 (860) 392-5000 FAX: (860) 392-5058 Dear Mr. Crowder: Enclosed, please find three signed copies of the contract for Federal Relations Services, as you requested. Once the contract is fully executed, I would appreciate it if you could forward a copy to me for our files. Thank you for all of your assistance in helping to get the contract finalized, and please do not hesitate to contact me if there is any way in which I can be of assistance. l..J ..... (.:J 0 Li_ LLi c.J l .,,'"' c:) ..,.... .. ",., ~.'... t.:::':;: . LU t:J - - ( , , _....1 .- i, , - " ....-"'-li ',,'.~ , ...,-- ~... .' w ,~) ~UL Riai!'" . aake Legislative Advisor for Health Policy and Department Administrator Enclosures (3) '" "_4 ~ ~'., c-;.:) ~,j" U -y... , -, :) ;'.J ; , , ':') ..J ~ , ") -..'.t.a : .' \;:) "1 ;;..) N l -.J ."'" Z b I.'~ 7 [~ ;r::,~ SLul .,. n' vV'-"O' ~ . . f" JORDEN BURT LLP HTTP://www.JORDENBURT.COM . ~ 1,;,J s:r':'.;~".: .' ...'.- b~',,'~ . : ~.. .... ..... I"'" . - .