2000-23794 RESO Incomplete
CITY OF MIAMI BEACH
MEMORANDUM
TO: Kevin Crowder
FROM:
Robert Parcher
City Clerk
fvCi u~
DATE:
February 9, 2000
SUBJECT: Agreements
Enclosed are three agreements with Jorden, Burt, Berenson, & Johnson LLP, for the
signatures of the appropriate official and witnesses.
After obtaining the applicable signature, please return the documents to the City
Clerk's Office, to the attention of Mercy Williams. Subsequently, a fully executed
copy will be forwarded to you for your files in addition to a copy of the resolution
authorizing said agreements (Resolution No. 2000-23794, 2/9/2000, R-7-E).
Thank
RESOLUTION NO.
2000-23794
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, EXTENDING
THE PROFESSIONAL SERVICES AGREEMENT FOR
FEDERAL LEGISLATIVE SERVICES BETWEEN THE CITY
AND THE FIRM OF JORDEN, BURT, BERENSON, AND
JOHNSON LLP, IN THE TOTAL AMOUNT OF $90,000, TO
PROVIDE GOVERNMENTAL REPRESENTATION AND
CONSUL TING SERVICES IN WASHINGTON D.C. ON AN
ON-GOING BASIS, FOR THE PERIOD FROM FEBRUARY
19,2000, THROUGH FEBRUARY 18, 2001; AND APPROVING
AN INCREASE IN THE ANNUAL FEE FROM $81,588, TO
$90,000, AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE ATTACHED NEW
AGREEMENT, MEMORIALIZING SAID EXTENSION,
TERM, AND FEE.
WHEREAS, the City is desirous of obtaining lobbying and consulting services before
Federal agencies located in Washington D.C. for the 2000/2001 Congressional Session; and
WHEREAS,on October 9, 1996, the Mayor and City Commission awarded a Legislative
Services Agreement to Jorden, Burt, Berenson, and Johnson LLP (collectively, the Consultant) for
the term commencing on February 18, 1997, through February 19, 1999 (the Agreement), with a
provision therein stating that the term ofthe Agreement could be extended by mutual agreement of
the parties; and
WHEREAS, on February 19, 1999, the Consultant and the City mutually agreed to extend
the Agreement for the term commencing on February 19, 1999, through February 18,2000; and
WHEREAS, the Agreement amount was increased on February 19, 1999, to a total of
$81,588 for the term expiring on February 18,2000; and
WHEREAS, the Consultant has performed very satisfactorily and has effectively produced
results for the City by achieving desired legislation, and has assisted with the processing of
significant grants; and
WHEREAS, the City now wishes to extend the Agreement for one additional year, for the
term commencing on February 19,2000, through February 18,2001; and
WHEREAS, the City also now wishes to increase the annual fee, in the amount of $8,412,
for a total of $90,000; and
WHEREAS, the Administration would recommend that the Mayor and City Clerk be
authorized to execute the attached new Agreement, memorializing the terms and conditions of said
extention, term, and fee increase.
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 herein approve an extension of the attached Professional Services Agreement for
Federal Legislative Services with Jorden, Burt, Berenson, and Johnson LLP, in the total amount of
$90,000, to provide governmental representation and consulting services in Washington D.C., on
an on-going basis, for the period from February 19,2000, through February 18,2001, and approving
an increase in the annual fee from $81,588 to $90,000.
PASSED AND ADOPTED this 9th day of
February , 2000.
1~R
ATTEST:
JILwY fiu(~
CITY CLERK
APPROVED /IS TO
FORM & LANGUAGE
& FOR EXECUTION
1<<v~ih 1--/;:J(Or;/
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. ~ 28-00
Mayor Neisen O. Kasdin and
Members of the City Commission
Lawrence A. Levy L~
City Manager 1\1
DATE: February 9, 2000
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, EXTENDING THE PROFESSIONAL
SERVICES AGREEMENT FOR FEDERAL LEGISLATIVE SERVICES
BETWEEN THE CITY AND THE FIRM OF JORDEN, BURT, BERENSON,
AND JOHNSON LLP, IN THE TOTAL AMOUNT OF $90,000, TO PROVIDE
GOVERNMENTAL REPRESENTATION AND CONSULTING SERVICES
IN WASHINGTON D.C. ON AN ON-GOING BASIS, FOR THE PERIOD
FROM FEBRUARY 19, 2000, THROUGH FEBRUARY 18, 2001; AND
APPROVING AN INCREASE IN THE ANNUAL FEE FROM $81,588, TO
$90,000, AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE ATTACHED NEW AGREEMENT, MEMORIALIZING
SAID EXTENSION, TERM, AND FEE.
RECOMMENDATION:
Adopt the Resolution.
FUNDING:
Funding for the current contract amount of $81,588 is included in the General Fund Citywide
Account. The recommended increase is $8,412. The portion of this increase that will impact the FY
1999/2000 budget is $5,608 and is available in Community/Economic Development Account No.
011.0530.000312.
ANAL YSIS:
On November 8, 1996, the City issued Request for Proposals No. 13-96/97, in order to provide
governmental representation and consulting services in Washington, D.C. On December 19, 1996,
a Selection Committee comprised ofthe City Attorney, Deputy City Manager, and representatives
from the Office of the Mayor and City Commission, the Miami Beach Chamber of Commerce, and
a citizen-at-large from the City, convened to review all proposals submitted in response to the RFP,
with ten (10) proposals evaluated for compliance with submission requirements, documentation of
qualifications, and experience and capability to provide the necessary services. At its regular
meeting on January 22, 1997, the Mayor and City Commission accepted the recommendations of the
Selection Committee, finding the firm of Jorden, Burt, Berenson and Johnson LLP to be the top-
AGENDA ITEM
RiE
2-9-00
DATE
ranked proposer. The Administration and City Attorney's Office negotiated the attached Professional
Services Agreement to provide governmental representation and consulting services in Washington,
D.C., said Agreement having an initial two (2) year term, with an option to renew for an additional
year at the City's discretion. This memorandum recommends extending the Agreement for an
additional year from February 19,2000 through February 18,2001. An accompanying agenda item
recommends that the Administration prepare a Request For Proposals for Federal legislative services
for the following fiscal year.
The Consultant has performed very satisfactorily over the last three years and has been able to
effectively produce results for the City, by achieving desired legislation and assisting with the
processing of significant grants. Also, the extension increases the amount of the Consultant's
compensation by an additional 10% as a result of the successful results achieved to date.
The Fiscal Year 99/00 Accomplishments and Outcomes for the City of Miami Beach is attached to
this memorandum which lists examples of the Consultant's accomplishments.
The Scope of Services remains the same during this extension period as delineated in the attached
Professional Services Agreement.
The Administration recommends that the City Commission adopt the attached resolution.
· rJJL ~
LAL:cMc:RM:kc
Fiscal Year 2000
Accomplishments and Outcomes
for
the City of Miami Beach, Florida
Rev.1.18
}ORDENBURT
1025 THOMAS JEFFERSON STREET, N.W
SUITE 400 EAsT
WASHINGTON, D.C. 20007-0805
(202) 965-8100
TELECOPIER: (202) 965-8104
H.ITP://WWW.]ORDENUSA.COM
January 18, 1999
777 BRICKELL AVENUE, SUITE 500
MIAMI, FLORIDA 33131-2803
(305) 371-2600
TELECOPIER: (305) 372-9928
MEMORANDUM
TO: The Honorable Neisen Kasdin, Mayor &
Members of the Miami Beach City Commission
FROM: Marilyn Berry Thompson
Rebecca Tidman
F. Marion Turner
Patricia Branch
SUBJECT: Fiscal Year 2000 Accomplishments for the City of Miami Beach
It gives us great pleasure and pride to present to the City of Miami Beach, Florida an outline of
the federal relations activities undertaken on behalf ofthe City over the last twelve months.
We are pleased to report a year of great success on the FY2000 Miami Beach Federal Agenda
Specifically, we are proud to highlight the following accomplishments:
~ Beach Renourishment Funding: Obtained a specific earmark of $5 million in
additional funds for the Miami Dade County/Miami Beach Renourishment Project.
With the FY1998 and FY1999 appropriations of$6.2 million and $5.7 million,
respectivelly. The total amount for beach renourishment for the last three years is
approximately $20 million.
~ Electrowave Shuttle: Obtained an additional $750,000 specific earmark in the FY2000
Transportation Appropriations bill for the Electrowave Shuttle Project. This builds upon
the successful appropriation and/or authorization of $1.75 million in FY1998-1999, for a
total of $2.5 million.
~ Northshore Open Space/North Beaeh Recreation Corridor Initiative: For this
project, we achieved success in two areas:
JORDEN BURT BOROS CICCHETTI BERENSON & JOHNSON UP
AFFILIATED COUNSEL:
fONES & BWUCH LLP - WASHINGTON, D.C.
FLEMING & PHILUPS - SAN FRANCISCO, CA
(1) $250,000 specific earmark as an Economic Development Initiative; and
(2) $1 million through special legislation preserving these funds for a
Miami Beach Northern Area Economic Development Initiative. This outcome
also includes expedited approval of a $4 million HUD Section 108 loan.
~ Miami Beach Trademark Amendment: Obtained legislative language, now enacted
into law, that protects the City's local historic properties.
~ Coastal Erosion Initiative: Obtained statutory language in the Water Resources
Development Act of 1999 designating the City of Miami Beach as an eligible site for an
innovative erosion control demonstration project.
~ 21 sl Century Learnin~ Center/Biscayne Elementary: Listed in the Senate FY2000
Labor/HHS/Education Appropriations bill.
~ Miami Beach Re~ional Librarv: Listed in the Senate FY2000 Labor/HHS/Education
Appropriations bill.
~ Local Law Enforcement Block Grant: We have been successful again this year in
retaining $523 million for the Local Law Enforcement Block Grant, despite the continued
Administration's efforts to terminate the program. The LLBG is the only Federal formula
block grant that goes directly to local governments. Since FY1996 when the block grant
was created, the City of Miami Beach has received $1.8 billion and can expect another
$400,000 to $500,000 in FY2000.
SUMMARY
Overall, these federal initiatives over the FY1998-2000 period total almost $30 million
(including prior FEMA-related savings of $300,000+ and the Indian Creek appropriation
of $1.35 million) in dedicated funding for City of Miami Beach priorities.
These outcomes were not accomplished without strong and active support from the Florida
Congressional Delegation. Members of the delegation testified personally before both
authorization and appropriation committees on your behalf on several occasions this year. They
submitted formal "request letters" to the appropriate Congressional leadership; they organized a
series of meetings with both executive agencies, committee members and staff to advance your
agenda; and engaged in extensive member-to-member lobbying sessions to secure these City-
specific appropriations.
Again, we are excited to report on the great progress we have made - and in those areas where
our goals have not been completely met as of yet, we certainly look forward to reopening these
issues during the Second Session of the 106th Congress. Attached you will find a detailed
overview of al of the federal relations activities undertaken on the City's behalf by the Miami
Beach's Washington office in conjunction with Miami Beach City officials, departments, and the
Florida Congressional Delegation. The report will be divided into the following sections:
"
EXECUTIVE SUMMARY OF FEDERAL RELATIONS
OUTCOMES FOR 1997-1999 PERIOD
The following issues were priority objectives for the City of Miami Beach
on which there has been significant progress and success over the 1997-1999
period, and in which the JordenBurt firm played key roles, with the active
support and participation of City officials and the support of the Florida
Congressional delegation. Please note that these are highlights, and that
detailed reports on all federal relations services, including an intensive federal
grant development program, and legislative outcomes have been prepared and
submitted to the City annually, and are available for more detailed information
and review.
This executive summary highlights approximately $30 million in successful
outcomes over this period and several critical authorization/legislative victories
of which the City can be proud.
o BEACH NOURISHMENT
Over the Federal FYI 998-FY2000 period, the City has played
a leadership role in advocating and moving forward over $20
million in appropriations for the Army Corps of Engineers
beach nourishment project. This includes appropriations of
$5-9+ million on an annual basis for the last several years,
when many other county/Florida coastal projects went unfunded.
o ELECTROW AVE SHUT1LE AND INTERMODAL COMPLEX
During this same time frame, the City has secured $2.5 million in
additional funds for this project, including (1) a critically important
TEA-2I-based authorization for the project for $1.5 million; (2)
FY1999 and FY2000 appropriations implementing that authorization;
(3) an additional $1 million appropriation for the intermodal facility.
In addition, the City and its representatives played an active and
key role in the reauthorization ofISTEA, i.e., TEA-21, and the
Transportation Enhancement Grants Program which provides the
City with a key source of support for local initiatives.
o BRIDGE AND WATERWAY RESTORATIONIREHABILITATION
The City bas also secured $1.35 million for this initiative, through
the securing of an important authorization for the project in TEA-21.
o NORTH SHORE/OPEN SPACE pARK AND RELATED COMMUNITY
AND ECONOMIC DEVELOPMENT FACILITIES, $1.25 MaLlON
The City has secured two key HOD appropriations victories -- a $250,000
outright appropriation for the North Shore/Open Space Park area, and
a special $1 million Congressional legislative provision that preserved
a HUD Economic Development Initiative Grant, anchored by and
facilitating a $4 million Section 10810an guarantee for this overall
targeted area, including the Youth Center, and surrounding community
development and economic development activities.
o TRADEMARK LEGISLATION
Certainly, one of the City's major achievements over this past year
was its leadership role in securing unique national legislation protecting
historic Beach landmark properties. While it may be difficult to
to assign a specific dollar value to this effort, this was a major
victory for the City with significant historical and economic development
value.
o FEDERAL DISASTER ASSISTANCE FUNDING
A successful effort was led to resolve a longstanding issue with
FEMA and to secure approximately $300,000 in FEMA reimbursements
for costs incurred by the City during Humcane Andrew.
o CRIMINAL JUSTICE FUNDING
Another effort where a particularly strong role was played by the
City and its representatives has been in the successful effort to defeat
Administration and selective Congressional efforts not to create and
then fund a new Local Law Enforcement Block Grant Program.
Working with key sponsors supporting our position, we participated
in the organization of the coalition to secure this program, and annually
to preserve its funding which is challenged each year. To date, the
Local Law Enforcement Block Grant has garnered approximately
$2.2 million in funding support for City specific initiatives, beyond the
support received from the Community Oriented Policing hiring, non-hiring!
technology programs on which we also focus. We continue to seek target
legislative funding for Miami Beach specific projects through the FY2001
appropriations process.
o HOOPER DREDGE INTERRUPTION ISSUE
We were also able to intervene successfully for the City when the EP A
and Department of Interior attempted to implement Hopper Dredge
activities critical to the Army Corps of Engineers beach nourislunent
project. We were able to secure -- through Congressional delegation
action -- a ruling which separated the Dade County project from the broad
interruption along the Southeast U.S. coast because of concern over the
viability and mortality ofloggerhead turtles.
o IMMIGRATION LEGISLATION
Also of particular note, is the successful effort made by the City and
its representatives to secure critical protections for Miami. Beach disabled
and elderly non-citizen immigrants in federal inunigration and welfare
benefits related legislation, so that they could continue to receive
critical support.
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND JORDEN, BURT, BERENSON & JOHNSON LLP
FOR THE PROVISION OF GOVERNMENTAL REPRESENT A TION AND
CONSULTING SERVICES IN WASHINGTON, D.C.
THIS AGREEMENT made this _ day of , 2000 by and between the CITY OF
MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal
representatives, and assigns, and JORDEN, BURT, BERENSON & JOHNSON, LLP, a law
firm organized as a limited liability partnership (Consultant).
~
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and the Consultant.
City Manager:
"City Manager" means the Chief Administrative officer of the City.
Consultant:
For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor, and not an agent or employee of the City. When
the term "Consultant" is used in this Agreement, it shall be deemed to
include any sub-consultants and any other person or entity acting under
the direction or control of Consultant.
252
Final Acceptance:
"Final Acceptance" means notice from the City to the Consultant that the
Consultant's Services are complete as provided in Section 2 of this
Agreement.
Fixed Fee:
Fixed amount paid to the Consultant to allow for its costs and margin of
profit.
Project Coordinator: An individual designated by the City to coordinate, direct and review on
behalf of the City all technical matters involved in the Scope of Work and
Services.
Proposal Documents: Proposal Documents shall mean the a) Request for Proposals No. 13-
96/97 for Providing Governmental Representation and Consulting
'Services in Washington, D.C., issued by the City, in contemplation of this
Agreement, together with all Amendments thereto (if applicable); and b)
the Consultant's proposal and response thereto (Proposal), which IS
incorporated by reference in this Agreement and made a part hereof.
Risk Manager:
The Risk Management Department of the City, with offices at 1700
Convention Center Drive, Third Floor, Miami Beach, Florida 33139.
Services:
All services, work and actions by the Consultant performed pursuant to or
undertaken under this Agreement described in Section 2.
253
Termination:
Termination of Consultant Services as provided in Section 4.9 of this
Agreement.
Task:
A discrete portion of the Scope of Services to be accomplished by the
Consultant, as described in Section 2 below, if directed and authorized.
SECTION 2
SCOPE OF WORK AND SERVICES PROVIDED
The scope of work to be performed by the Consultant is generally set forth in Exhibit "A,"
entitled "Scope of Services," and shall also include those services set forth in the Proposal
Documents (collectively, the Services).
SECTION 3
COMPENSATION
3.1
FIXED FEE
Consultant shall be compensated for providing the Services (as set forth in Exhibit "A"
and the Proposal Documents), on a fixed fee basis, not to exceed Eighty Two Thousand and
00/1 00 dollars ($82,000), for each one year period of the term set forth in the Agreement.
3.2
METHOD OF PAYMENT
Payment shall be made to the Consultant on a monthly basis, pursuant to invoices
submitted, by the Consultant which detail percentage or portion of completion of the Services.
254
Invoices shall be accompanied by a narrative progress report which supports the invoices, and
shall contain a statement that the terms set forth therein are true and correct and in accordance
with the Agreement. Payment of such invoices, if deemed acceptable and satisfactory to the
City, shall be made within fifteen (15) days of receipt by City.
3.3
REIMBURSABLE EXPENSES
Reimbursable Expenses are in addition to the compensation for the Services and include
actual expenditures made by the Consultant and its employees and sub-consultants in
furtherance of the Services contemplated in the Agreement. Reimbursable Expenses shall
include, but not be limited to, the following:
a. Expenses such as pre-approved travel, long distance
telephone, delivery and messenger services, and incidentals
and other costs associated with performing the Services shall
not exceed an aggregate amount of $5,000 per one-year term
under the Agreement. (Airfare shall be the most economical
rates available at the time; hotel and meal expenses shall be in
accordance with Runzheimer's rates; expenseds shall be
prorated according to percentage of representation for the City
in rHation to other clients);
b. Other out-of-pocket expenses shall be reimbursed up to an
aggregate amount not to exceed $3,000 per one-year term
under the Agreement.
The mroomum allowance for Reimbursable Expenses is established as a condition to this
Agreement, and is set forth above. Invoices or vouchers for Reimbursable Expenses shall be
submitted along with supporting receipts, and other back-up material reasonably requested by
the City, and the Consultant shall certify as to each such invoice that the amounts and items
claimed as reimbursable are "true and correct and in accordance with the Agreement."
255
4.1
SECTION 4
GENERAL PROVISIONS
RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise that
degree of skill, care, efficiency and diligence normally exercised by recognized professionals
with respect to the performance of comparable Services. In its performance of the Services, the
Consultant shall comply with all applicable laws and ordinances, including but not limited to
applicable regulations of the City, County, State, Federal Government, and ADA, EEO
Regulations and Guidelines
.. 4.2
PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287. 133(3)(a) Florida
Statute on Public Entity Crimes shall be filed by Consultant.
4.3
PROJECT MANAGEMENT
The ConsultaiU shall appoint a qualified individual acceptable to the City to serve as
Project Manager to oversee the Services and who shall be fully responsible for the day-to-day
activities under this Agreement and shall serve as the primary contact for the City's Project
Coordinator.
4.4
TERM OF AGREEMENT
The term of this Agreement shall be for a period of one (I) year from the date of
approval of this Agreement by the Mayor and City Commission.
256
4.5
O\VNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are related
exclusively to the Services, and are intended or represented for ownership by the City. Any
reuse shall require the prior written approval of the City.
4.6
INDEMNIFICA TION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities, losses,
and expenses, including, but not limited to, attorneys' fees, for personaL economic or bodily
injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be
.. alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of
the Consultant, its employees, agents, sub-consultants, or any other person or entity acting under
Consultant's control, in connection with the Consultant's performance of the Services pursuant
to this Agreement; and, to that extent, the Consultant shall pay all such claims and losses and
shall pay all such co~ts and judgments which may issue from any lawsuit arising from such
claims and losses, and shall pay all costs and attorney's fees expended by the City in the defense
of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total
Compensation to the Consultant for performance of this Agreement is the specific consideration
from the City to the Consultant for the Consultant's Indemnity Agreement.
The Consultant's obligation under this Section shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and against any
actions or claims which arise or are alleged to have arisen from negligent acts or omissions or
other wrongful conduct of the City and its officers, employees and agents. The parties each
257
agree to give the other party prompt notice of any claim coming to its knowledge that in any
way directly or indirectly affects the other party.
4.7
INSURANCE REQUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all insurance
required under this Section has been obtained and certified copies of such insurance have been
filed with and approved by the City's Risk Management Department. The Consultant shall
maintain and carry in full force and effect during the term of this Agreement the following
msurance:
1.
Consultant General Liability in the amount of $1 ,000,000.00
Workers Compensation & Employers Liability as required pursuant to Florida
Statutes.
Thirty (30) days' written notice of cancellation or substantial modification in any
required insurance coverage must be given to the City's Risk Management
Department by the Consultant and its insurance company.
Original certificates of insurance for the above coverage must be submitted to the
City's Risk Management Department for approval prior to any work
commencmg. These certificates will be kept on file in the Risk Management
Department, 3rd Floor, City Hall.
The Consultant is responsible for obtaining and submitting all msurance
certificates for its sub-consultants.
All insurance policies must be issued by companies authorized to do business
under the laws of the State of Florida. The companies must be rated no less than
"8+" as to management and not less than "Class VI" as to strength by the latest
.. 2.
3.
4.
5.
6.
258
edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick.
New Jersey, or its equivalent, subject to the approval of the City's Risk
Management Department.
Compliance with the foregoing requirements shall not relieve the Consultant of the
liabilities and obligations under this Section or under any other portion of this Agreement, and
the City shall have the right to obtain from the Consultant specimen copies of the insurance
policies in the event that the submitted certificates of insurance are inadequate to ascertain
compliance with required coverage.
4.7.1 Endorsements
.. All of Consultant's certificates, as required above, shall contain endorsements providing
that written notice shall be given to the City at least thirty (30) days prior to termination,
cancellation or reduction in coverage in the policy.
4.7.2 Certificates
Unless directec1 by the City otherwise, the Consultant shall not commence the Services
until the City has received and approved, in writing, certificates of insurance showing that the
requirements of this section (in its entirety) have been met and provided for.
4.8 TERMINATION. SUSPENSION AND SANCTIONS
4.8.1 Termination for Cause
If through any cause within the reasonable control of the Consultant, 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 shall thereupon have the right to terminate the
Services then remaining to be performed. Prior to exercising its option to terminate for cause,
the City shall notifY the Consultant of its violation of the particular terms of this Agreement and
259
shall grant Consultant fifteen (15) days to cure such default. If such default remains uncured
after fifteen (15) days. the City, may terminate this Agreement by giving written notice to the
Consultant of such termination, which shall become effective upon receipt by Consultant of the
written termination notice.
In that event, all finished and unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, reports and other work products prepared by the Consultant and its
subcontractors shall be properly delivered to the City and the City shall compensate the
Consultant in accordance with Section 3 for all Services performed by the Consultant prior to
Termination.
.. Notwithstanding the above, the Consultant shall not be relieved of liability to the City
for damages sustained by the City by virtue of any breach of the Agreement by the Consultant,
and the City may reasonably withhold payments to the Consultant for the purposes of set-off
until such time as the exact amount of damages due the City from the Consultant is determined.
4.8.2 Termination for Convenience of City
The City may, without cause and fror its convenience, terminate the Services then
remaining to be performed at any time by giving written notice to Consultant of such
termination, which shall become effective upon receipt by Consultant of the written termination
notice. In that event, all finished or unfinished documents and other materials, as described in
Section 2, shall be properly delivered to the City. If the Agreement is terminated by the City as
provided in this Section, the City shall compensate the Consultant for all Services actually
performed by the Consultant and reasonable direct costs of Consultant for assembling and
delivering to City all documents. Such payments shall be the total extent of the City's liability to
the Consultant upon a Termination for Convenience as provided for in this Section.
260
4.8.3 Termination for Insolvencv
The City also reserves the right to terminate the remaining Services to be performed 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 of the parties
shall be the same as provided for in Section 4.8.2.
4.8.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions of
this Agreement, the City shall impose such sanctions as the City or the State of Florida may
determine to be appropriate including, but not limited to, withholding of payments to the
.. Consultant under the Agreement until the Consultant complies and/or cancellation, termination
or suspension of the Services. In the event the City cancels or terminates the Services pursuant
to this Section the rights and obligations of the parties shall be the same as provided in Section
4.8.2.
4.8.5 Chanees and Additions
Any such change by City shall be directed by a written Notice to and signed by the duly
authorized representatives of the Consultant. Said Notices shall provide an equitable adjustment
in the time of performance, a reallocation of the task budget and, if applicable, any provision of
this Agreement which is affected by said Notice. The City shall not reimburse the Consultant for
the cost of preparing Agreement change documents, written Notices to Proceed, or other
documentation in this regard.
4.9
ASSIGNMENT, TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City. When applicable, and upon receipt of such consent
261
in writing, the Consultant shall cause the names of the consulting firms responsible for the
major portion of each separate specialty of the Services to be inserted into the pertinent
documents or data. The Consultant shall include in such sub-contracts the appropriate versions
of the Sections of this Agreement as are necessary to carry out the intent of this Agreement, as
instructed by the City.
4.10 SUB-CONSUL T ANTS
The Consultant shall be liable for all sub-consultants' servIces, responsibilities and
liabilities under this Agreement and the services, responsibilities and liabilities of sub-
consultants, and any other person or entity acting under the direction or control of the
.. Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed to include
any sub-consultants and any other person or entity acting under the direction or control of
Consultant.
4.11 EQUAL EMPLOYMENT OPPORTUNITY/ADA NON-
DISCRIMINATION POLICY
In connection with the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicant for employment because of race, color, religion,
ancestry, sex, age, national origin, place of birth, marital status, or physical handicap. The
Consultant shall take affirmative action to ensure that applicants are employed and that
employees are treated during their employment without regard to their race, color, religion,
ancestry, sex, age, national origin, place of birth, marital status, disability or sexual orientation.
Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of
pay, or other forms of compensation; and selection for training, including apprenticeship.
262
Consultant agrees to adhere to and be governed by all applicable requirements of the
,-
laws listed below including, but not limited to, those provisions pertaining to employment,
provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-
336, 104 Stat 327, 42 U.S.c. 12101-12213 and 547 U.S.C.
Sections 225 and 611 including Title L Employment; Title II,
Public Services; Title III, Public Accommodations and Services
Operated by Private Entities; Title IV, Telecommunications; and
Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Sections 1612.
'..
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
Consultant must complete and submit the City's Disability Non-Discrimination Affidavit
(Affidavit). In the event Consultant fails to execute the City's Affidavit, or is found to be in
noncompliance with the provisions of the Affidavit, the City may impose such sanctions as it
.
may determine to be appropriate, including but not limited to, withholding of payments to
Consultant under the Agreement until compliance and/or cancellation, termination or suspension
of the Agreement. In the event the City cancels or terminates the Agreement pursuant to this
Section, Consultant shall not be relieved of liability to the City for damages sustained by the
City by virtue of Consultant's breach of the Agreement.
4.12 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict
of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and
Code, which are incorporated by reference herein as if fully set forth herein, in connection with
the contract conditions hereunder.
263
The Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly which should conflict in any manner or degree with the performance
of the Services. The Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Consultant. 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.
4.13
PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design
specifications, processes, data and findings, shall be made available to the City for public use.
No reports, other documents, articles or devices produces in whole or in part under this
Agreement shall be the subject of any application for copyright or patent by or on behalf of the
Consultant or its employees or subcontractors.
4.14 NOTICES
All communications relating to the day-to-day activities shall be exchanges between the
Project Manager appointed by Consultant and the Project Coordinator designated by the City.
The Consultant's Project Manager and the City's Project Coordinator shall be designated
promptly upon commencement of the Services.
All other notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Consultant and the City listed below or may be
mailed by registered mail, postage prepaid, (or airmailed if addressed to an address outside the
city of dispatch).
Until changed by notice in writing, all sQch notices and communications shall be
addressed as follows:
264
TO CONSULTANT:
Jorden, Burt, Berenson & Johnson, LLP
Attn: Marilyn A. Berry Thompson
1025 Thomas Jefferson Street, N.W.
Washington, D.C. 20007-0805
(202) 965-8100
TO CITY:
Office of the City Manager
Attn: Christina M. Cuervo, Asst. City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7010
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7470
..
Community/Economic Development Department
Attn: Randy Marks/Kevin Crowder
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7193
Notices hereunder shall be effective:
.
If delivered personally, on delivery; if mailed to an address in the
city of dispatch, on the day following the date mailed; and if
mailed to an address outside the city of dispatch on the seventh
day following the date mailed.
4.15 ENTIRETY OF AGREEMENT
This writing and the Scope of Services embody the entire Agreement and understanding
between the parties hereto, and there are no other agreements and understandings, oral or
written with reference to the subject matter hereof that are not merged herein and superseded
hereby. The Scope of Services are hereby incorporated by reference into this Agreement to the
extent that the tenns and conditions contained in the Scope of Services are consistent with the
265
Agreement. To the extent that any term in the Scope of Services is inconsistent with this
Agreement, this Agreement shall prevail.
No alteration, change, or modification of the terms of this Agreement shall be valid
unless amended in writing, signed by both parties hereto, and approved by the Mayor and City
Commission of the City of Miami Beach.
4.16
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
, $10,000.00. Consultant hereby expresses its willingness to enter into this Agreement with
Consultant's recovery from the City for any damage action for breach of contract to be limited
to a maximum amount of$IO,OOO.OO.
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 $1 0,000.00, 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 paragraph or elsewhere in this Agreement is in any way intended to be
a waiver of the limitation placed on the City's liability as set forth in Section 768.28, Florida
Statutes.
4.17
VENUE
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
266
conditions herein, exclusive venue for the enforcement of same shaUlie in Miami-Dade County,
Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
City Clerk
By:
Mayor
FOR CONSULTANT:
JORDEN, BURT, BERENSON & JOHNSON LLP
By:
Witness
Print Name
Print Name / Title
Witness
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Print Name
.1g ",a-- 1/r/(};J
n'y . ey Den.
267
It ~~~!:! ~1li~!~! ~ ~ m~: ff~~:j: o..~'?:~~"'-:~~
';""""""""""""""""""".'."."--'-
""""'..............-.-.. -- -~---------
_ _ _ un__-_-_
~rr~~}~~trg:1g~~~:_~:~=~~~~~:~~~~:~i~!;.}~C>..~~~-"'.~.~iJ:b=~;;;;;~.2~~.=~I!2~;;;:2.~:~~~;~~
_ _ ~~~~~-~~~~-~~~;;~~_3~~2~}~;~::~::~o_;;;,_o_ooo-----,-~-__
o____.._--"'"._~___"'____
- ---
~. .-. ,.. .-. '.-. .-.. .........
_______"0-;._______________
- --- ----- --- - --
-------------