2000-24219 RESO
I
RESOLUTION NO. 2000-24219
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH THE FIRM OF JORDEN, BURT, BERENSON, AND
JOHNSON LLP, TO PROVIDE GOVERNMENTAL
REPRESENTATION AND CONSULTING SERVICES IN
WASHINGTON, D.C.
WHEREAS, on February 9, 2000, the City issued Request For Proposals Num er 65-99/00,
seeking proposals for Governmental Representation and Consulting Services in Wash ngton, D.C.;
and
WHEREAS, on April I?, 2000, two proposals were received in response to RFP No. 65-
99/00 from the firms of Alcalde and Fay, and, Jorden, Burt, Berenson and Johnson LLP; and
WHEREAS, a five-member Selection Committee was convened to evaluate the two
proposals on August 24, 2000; and
WHEREAS, the Selection Committee met on October 12,2000 and heard oral presentations
by the two proposers; and
WHEREAS, the Selection Committee debated the merits of both proposals and
recommended by a vote of 3-2, the selection of the firm of Alcalde & Fay; and
WHEREAS, at its regular meeting on November 29, 2000, the Mayor and City Commission
heard oral presentations from, and directed questions to both firms; and
WHEREAS, at its regular meeting on November 29,2000, the Mayor and City Commission
authorized the Administration to enter into negotiations with respect to the terms of an Agreement
with the firm of Jorden, Burt, Berenson and Johnson LLP; and
WHEREAS, the Administration has 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 two (2) additional one (I) year options to renew
at the City's discretion, at an annual fee of $90,000 per year.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein approve and authorize the Mayor and City Clerk to execute the attached
Professional Services Agreement with the firm of Jorden, Burt, Berenson, and Johnson LLP, to
provide governmental representation and consulting services in Washington, D.C.
PASSED and ADOPTED this 20th
day of December , 2000,
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Mayor
ATTEST:
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APPROVED /4S TO
FORM & LANGUAGE
& FOR EXECUTION
City Clerk
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
hltp:\\ci.miami.beach.fl.us
COMMISSION MEMORANDUM NO.
CfCo'1-OU
TO:
Mayor Neisen 0, Kasdin and
Members of the City Commission
Jorge M. Gonzalez \ ~
City Manager () - U
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH THE FIRM OF JORDEN, BURT,
BERENSON, AND JOHNSON LLP, TO PROVIDE GOVERNMENTAL
REPRESENTATION AND CONSULTING SERVICES IN WASHINGTON,
D.C.
DATE: December 20, 2000
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution,
ANALYSIS:
On February 9, 2000, the Mayor and City Commission approved Resolution No, 2000-23794,
extending the Professional Services Agreement with Jorden, Burt, Berenson and Johnson LLP
(JordenBurt) for one additional year at an annual contract amount of $90,000, At the same City
Commission meeting, the Mayor and City Commission also authorized the issuance of Request For
Proposal No, 65-99/00 for Governmental Representation and Consulting Services in Washington,
D,C, for the 200112002 and 2002/2003 Congressional Sessions,
On April 17 , 2000, the City received responses to the RFP from two (2) firms, Alcalde & Fay, and
JordenBurt. The following Selection Committee was appointed to evaluate the two proposals
received:
Murray Dubbin, City Attorney
Christina Cuervo, Assistant City Manager
Max Sklar, Chief of Staff, Mayor and Commission Office
Joy Malakoff, Colonial Bank, Chair ofthe Selection Committee
Roberto Datorre, Miami Beach Community Development Corporation
The Selection Committee met on August 24, 2000 to review all proposals submitted, Each of the two
proposals was evaluated for compliance with submission requirements, and documentation of
qualifications, experience and capability to provide the necessary services for this assignment, Both
AGENDA ITEM r<.. -,])
DATE /2'" 20 ...(':::)i~
JordenBurt Professional Services Agreement
December 20, 2000
Page 2
firms were determined to have met the submission requirements, and were invited to attend a
meeting on October 12, 2000 to give oral presentations,
The Selection Committee felt that both firms were qualified, and unanimously expressed that they
would give the same number of points to each firm, At this point, the Selection Committee decided
that each member would vote for the firm of their preference, with Alcalde & Fay receiving three
(3) votes and JordenBurt receiving two (2),
At its regular meeting on November 29, 2000, the Mayor and City Commission heard oral
presentations from both firms, Following a period of question and answer with the two firms, the
Mayor and City Commission directed the Administration to enter into negotiations with the firm of
JordenBurt for a Professional Services Agreement to provide govemmental representation and
consulting services in Washington D,C.
On December 5, 2000, the Administration and Jorden Burt negotiated the attached Professional
Services Agreement, with an initial two (2) year term, with two (2) additional one (1) year options
to renew at an annual fee of $90,000 per year, inclusive of expenses,
It is recommended that the Mayor and City Commission and authorize the Mayor and City Clerk to
execute the attached Professional Services Agreement
JMG:c!iJtt:kc ~
LIDDHPI$ALLIKEVINlLEGISLA TlFEDERALIRESO'SANIiBRT200 l.eM
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND JORDEN, BURT, BERENSON & JOHNSON LLP
FOR THE PROVISION OF GOVERNMENTAL REPRESENTATION AND
CONSULTING SERVICES IN WASHINGTON, D.C.
THIS AGREEMENT made this 19th day of February ,2001 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 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.
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. 65-
99/00 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.
Termination:
Termination of Consultant Services as provided in Section 4.8 of this
Agreement.
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 Ninety Thousand and 00/100
dollars ($90,000), 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,
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 (\5) days of receipt by City.
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 Consultant 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
Upon approval of this Agreement by the Mayor and City Commission, the term of this
Agreement shall be for a period of two (2) years commencing on February 19,2001, with two
(2) one (1) year options to renew, said options at the City's sole discretion, upon thirty (30) days
written notice to Consultant prior to the expiration of the initial term, and first renewal term, as
the case may be.
4.5
OWNERSHIP OF DOCUMENTS AND EOUIPMENT
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 nON
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 costs 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
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
insurance:
3.
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
I.
2.
4,
commencing, 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 lllsurance
certificates for its sub-consultants,
6. 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
"B+" as to management and not less than "Class VI" as to strength by the latest
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
5.
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 directed 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
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 for 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,
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 Chan~es 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
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-CONSULTANTS
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
EOUAL 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, physical handicap or sexual
orientation. 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, physical handicap 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.
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. 1. 101-
336, 104 Stat 327, 42 U,S.c. 12101-12213 and 547 U.S.C.
Sections 225 and 611 including Title I, 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 ofthe 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.
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
Of 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 exchanged between the
Project Manager appointed by Consultant and the Project Coordinator designated by the City.
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 iflegal 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.
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:
ATTEST:
BY:~~ r~
ity Clerk
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Print Name
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Witness
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Print Name
CITY OF MIAMI BEACH, FLORIDA
By M,yo, 'l
NSON & JOHNSON LLP
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APPROVED AS TO
FORM & lANGUAGE
& fOR EXECUTlON
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City A1torNY Deft
Auuendix 'A'
SCOPE OF SERVICES
. Confer with the Mayor, City Commission, City Manager, City Attorney and other City
personnel on all organizational planning and program activities which have a bearing on the
ability ofthe City to make the best use of federal programs;
. Meet with the Mayor, City Commission, and City Manager or his designee(s) periodically at
mutually agreed upon times;
. Maintain liaison with the City's Congressional delegation and assist with the delegation in
any matter which the City determines to be in its best interest;
· Counsel with the City regarding appearances by City personnel before Congressional
Committees and Federal Administrative agencies;
. 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;
. Assist the City in the review of federal executive proposals, legislation under consideration,
proposed and adopted administrative rules and regulations, and other federal developments
for the purpose of advising the City of those items which may have a significant bearing on
City policies, funding, and programs;
. 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;
. 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;
. Upon request of the City, assist the City in any matter related to the Executive Branch of the
State of Florida;
. Represent the City at Washington, D.C. area conferences or meetings as requested;
. 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;
. Assist in implementing the City's federal legislative agenda,