HomeMy WebLinkAboutR-02-1220J-02-996
11/13/02
RESOLUTION NO. 02-1220
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S) , BY A FOUR-FIFTHS (4/5Txs)
AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY; AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH
RONALD L. BOOK, P.A., FOR STATE GOVERNMENT
LOBBYING AND CONSULTING SERVICES FROM
NOVEMBER 1, 2002 TO OCTOBER 31, 2003, AS SET
FORTH UNDER THE TERMS AND CONDITIONS OF THE
AGREEMENT; ALLOCATING FUNDS, IN AN AMOUNT
NOT TO EXCEED $285,000, PLUS $25,000 FOR
EXPENSES AS APPROVED BY THE CITY MANAGER,
FROM ACCOUNT CODE
NO. 0100.920216.6340.27019, FOR SAID
SERVICES.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. By a four-fifths (4/stns) affirmative vote of
the members of the City Commission, after a duly advertised
public hearing, the City Manager's finding of an emergency, is
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ratified, approved and confirmed, the requirements for
competitive sealed bidding procedures are waived, and the City
Manager is authorizedl/ to execute an agreement, in substantially
the attached form, with Ronald L. Book, P.A., for State
government lobbying and consulting services from November 1,
2002 to October 31, 2003, as set forth under the terms and
conditions of the Agreement, with funds allocated in an amount
not to exceed $285,000, plus $25,000 for expenses as approved by
the City Manager, from Account Code No. 0100.920216.6340.27019,
for said services.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.2/
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
2/ If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 2 of 3 02-1220,
PASSED AND ADOPTED this
ATTEST:
2 e2324��
- Z
PRISCILLA A. THOMPS N
CITY CLERK
19th day of November , 2002.
W6717:AS:BSS
FESS &
Page 3 of 3
�. UEL A. WDAZ,MA
02-1220
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into as of this day of , 2002 by and
between the City of Miami, a municipal corporation of the State of Florida ("City") and Ronald
L. Book, P.A., a professional association of the State of Florida ("Consultant").
RECITALS:
WHEREAS, the Florida Legislature regularly considers important legislation that could
affect the City in the areas of housing, economic redevelopment, revenue distribution, living
conditions, taxation and other similar issues; and
WHEREAS, the regular session of the Florida Legislature is scheduled to commence in
March 2003; and
WHEREAS, the City requires state government lobbying and consulting services to assist
in the preparation of the City's Legislative Package and to provide lobbying representation to the
City while the Legislature is in session (the "Services"); and
WHEREAS, it is not possible for the City to engage at this time in the competitive sealed
proposal provisions set forth in the Code of the City of Miami; and
WHEREAS, Consultant has special capabilities and knowledge regarding the needs of the
City and possesses all necessary qualifications and expertise to perform the Services described in
this Agreement; and
WHEREAS, the City Manager has found that an emergency exists and has recommended
to the City Commission that the Consultant be retained to provide the Services on an emergency
basis, as set forth in this Agreement; and
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WHEREAS, the City Commission, by Resolution No. 02- , adopted on November
19, 2002 has ratified the City Manager's finding of an emergency and has authorized the
execution of this Agreement.
WHEREAS, Consultant wishes to perform the legislative services required by the City
and the City wishes to engage the services of the Consultant on the terms and conditions set forth
herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Consultant and the City agree as follows:
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and made
a part of this Agreement.
2. TERM: The term of this Agreement shall be one (1) year commencing November
1, 2002 and ending October 31, 2003.
3. SCOPE OF SERVICE:
A. Consultant agrees to provide the Services as specifically described, and subject to
the special terms and conditions set forth in Attachment "A" hereto, which by this reference is
incorporated into and made a part of this Agreement. Consultant is hereby authorized to retain
the services of other consultants, within the team described in Attachment `B" hereto, to provide
additional lobbying services, provided that in the hiring of such additional consultants the
representations set forth hereinbelow remain true and correct.
B. Consultant represents and warrants to the City that: (i) it possesses all
qualifications, licenses and expertise required for the performance of the Services; (ii) it is not
delinquent in the payment of any sums due the City, including payment of permits fees,
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occupational licenses, etc., nor in the performance of any obligations to the City, (iii) all
personnel assigned to perform the Services are and shall be, at all times during the term hereof,
fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will be
performed in the manner described in Attachment "A".
4. COMPENSATION:
A. Fees. In consideration for the Services the City shall pay Consultant fees not to
exceed $285,000 during the term hereof.
B. Expenses. The City shall reimburse Consultant for all approved expenses
incurred by Consultant, its employees, agents, subcontractors or representative in the
performance of the Services, up to a maximum of $25,000. All expenses shall be subject to the
approval of the City Manager or his/her designee and shall be billed monthly. It is understood
and agreed that any expenses in excess of the aforementioned amount shall be the sole
responsibility of the Consultant.
C. Method of Payment. All payments due hereunder shall be made within forty five
(45) days after receipt of Consultant's invoice, which shall be accompanied by sufficient
supporting documentation and contain sufficient detail, to allow a proper audit of expenditures,
should City require one to be performed. If Consultant is entitled to reimbursement of travel
expenses, then all bills for travel expenses shall be submitted in accordance with Section
112.061, Florida Statutes.
5. AUDIT RIGHTS: The City may, at reasonable times, and for a period of up to three
(3) years following the date of final payment by the City to Consultant under this Agreement,
audit, or cause to be audited, those books and records of Consultant which are related to
Consultant's performance under this Agreement. Consultant agrees to maintain all such books
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and records at its principal place of business for a period of three (3) years after final payment is
made under this Agreement.
6. AWARD OF AGREEMENT: Consultant represents and warrants to the City that
it has not employed or retained any person or company employed by the City to solicit or secure
this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection
with, the award of this Agreement.
7. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to
Consultant or which is otherwise obtained or prepared by Consultant pursuant to or under the
terms of this Agreement is and shall at all times remain the property of the City. Consultant
agrees not to use any such information, document, report or material for any other purpose
whatsoever without the written consent of City, which may be withheld or conditioned by the
City in its sole discretion.
8. PUBLIC RECORDS: Consultant understands that the public shall have access, at
all reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. Consultant's failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Consultant
understands that agreements between private entities and local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest, record
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keeping, etc. City and Consultant agree to comply with and observe all applicable federal, state
and local laws, rules, regulations, codes and ordinances, as the may be amended from time to
time.
10. INDEMNIFICATION: Consultant shall indemnify, defend and hold harmless the
City and its officials, employees and agents, from and against any and all loss, costs, penalties,
fines, damages, claims, expenses (including attorney's fees), or liabilities arising out of, resulting
from, or in connection with the performance or non-performance of the Services contemplated by
this Agreement which is directly or indirectly caused by any negligent act or omission, default or
willful misconduct of Consultant or its employees, agents or subcontractors, including all costs,
expenses, liabilities and attorneys' fees incurred in the defense of any such claim or in the
investigation thereof.
11. DEFAULT: If Consultant fails to comply with any term or condition of this
Agreement, or fails to perform any of its obligations hereunder, then Consultant shall be in
default. Upon the occurrence of a default hereunder the City, in addition to all remedies
available to it by law, may immediately, upon written notice to Consultant, terminate this
Agreement whereupon all payments, or other compensation paid by the City to Consultant while
Consultant was in default shall be immediately returned to the City. Consultant understands and
agrees that termination of this Agreement under this section shall not release Consultant from
any obligation accruing prior to the effective date of termination.
12. RESOLUTION OF CONTRACT DISPUTES: Consultant understands and agrees
that all disputes between Consultant and the City based upon an alleged violation of the terms of
this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to
Consultant being entitled to seek judicial relief in connection therewith. In the event that the
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amount of compensation hereunder exceeds $4,500, the City Manager's decision shall be
approved or disapproved by the City Commission. Consultant shall not be entitled to seek
judicial relief unless: (i) it has first received City Manager's written decision, approved by the
City Commission if the amount of compensation hereunder exceeds $4,500; or (ii) a period of
sixty (60) days has expired, after submitting to the City Manager a detailed statement of the
dispute, accompanied by all supporting documentation (90 days if City Manager's decision is
subject to City Commission approval); or (iii) City Commission has waived compliance with the
procedure set forth in this section by written instruments, signed by the City Manager.
13. CITY'S TERMINATION RIGHTS: The City shall have the right to terminate
this Agreement, in its sole discretion, at any time, by giving written notice to Consultant at least
thirty (30) days prior to the effective date of such termination. Further, the City may terminate
this Agreement, without notice to Consultant, upon the occurrence of an event of default
hereunder.
14. NONDISCRIMINATION: Consultant represents and warrants to the City that
Consultant does not and will not engage in discriminatory practices and that there shall be no
discrimination in connection with Consultant's performance under this Agreement on account of
race, color, sex, religion, age, handicap, marital status or national origin. Consultant further
covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex,
religion, age, handicap, marital status or national origin, be excluded from participation in, be
denied services, or be subject to discrimination under any provision of this Agreement.
15. CONFLICT OF INTEREST:
A. Consultant is aware of the conflict of interest laws of the City of Miami (Miami
City Code Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2-11.1 et.
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sec .) and of the State of Florida as set forth in the Florida Statutes, and agrees that it will fully
comply in all respects with the terms of said laws and any future amendments thereto.
B. Consultant covenants that no person or entity under its employ, presently
exercising any functions or responsibilities in connection with this Agreement, has any personal
financial interests, direct or indirect, with the City. Consultant further covenants that, in the
performance of this Agreement, no person or entity having such conflicting interest shall be
utilized in respect to services provided hereunder. Any such conflict of interest(s) on the part of
Consultant, its employees or associated persons, or entities must be disclosed in writing to the
City.
C. Consultant shall decline proffered employment by another client(s) if the exercise
of Consultant's independent professional judgment on behalf of the City, on any matter directly
related to the Services, will be or is likely to be adversely affected by the acceptance of such
proffered employment; provided, however, that Consultant may represent a client(s) with an
interest adverse to the City if the subject matter of such representation is not related to the
Services described in this Agreement and if the City waives any conflict or alleged conflict with
respect to such representation. Should Consultant request the City's waiver of any conflict of
interest, the Consultant shall provide to the City, in writing, all information pertaining to such
potential conflict for the City's evaluation.
D. Consultant shall not delegate the substantive obligations to be undertaken
hereunder to any person or entity who exercises any functions or responsibilities on his/her
personal behalf or on behalf of any other client(s) if the subject matter of such representation is
related to the Services and if such representation will or is likely to compete with the interests of
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the city, or adversely affect the interests of the city and the obligations undertaken by Consultant
hereunder.
16. ASSIGNMENT: This Agreement shall not be assigned by Consultant, in whole or in
part, without the prior written consent of the City's, which may be withheld or conditioned, in the
City's sole discretion.
17. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
TO CONSULTANT:
With a copy to:
TO THE CITY:
Ronald L. Book, P. A.
2999 NE 191 St. PH 6
Aventura, Florida 33180
City of Miami
3500 Pan American Drive
Miami, Florida 33131
Attn: City Manager
With a copy to: City Attorney
444 S.W. 2nd Avenue, Suite 945
Miami, Florida 33130
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18. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
property authorized representatives of the parties hereto.
19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
20. INDEPENDENT CONTRACTOR: Consultant has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
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employee of the City. Accordingly, Consultant shall not attain, nor be entitled to, any rights or
benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally
afforded classified or unclassified employees. Consultant further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to
Consultant, and agrees to provide workers' compensation insurance for any employee or agent of
Provider rendering services to the City under this Agreement.
21. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and the Agreement is subject to amendment or termination due to lack of
funds, reduction of funds and/or change in regulations, upon thirty (30) days notice.
22. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
23. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
ATTEST:
Priscilla A. Thompson, City Clerk
WITNESSES:
Print Name:
Print Name:
"City"
CITY OF MIAMI, a municipal
corporation
By:
Carlos A. Gimenez, City Manager
"Consultant"
Ronald L. Book, P. A.
By:
Print Name:
Title:
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Alejandro Vilarello, City Attorney
Elliot Fixler, Acting Administrator
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ATTACHMENT "A"
TO
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
AND RONALD L. BOOK, P.A.
SCOPE OF SERVICES
A. During the term of this Agreement, and when requested by CITY through the
Mayor, the City Manager or representatives specifically designated by the City Commission to
work with CONSULTANT, CONSULTANT shall provide the following services to CITY:
1. Advise and consult with CITY on legislative issues and strategies and
assist CITY in implementing such strategies.
2. Under the direction of the City Manager or his designee, and in
cooperation with the City Commission, assist CITY in developing and prioritizing legislative
issues of significant interest to CITY.
3. Maintain liaison with the CITY's legislative delegation and assist the
delegation in legislative matters of interest to CITY.
4. Monitor various legislative issues identified in advance by CITY and
periodically report to CITY.
5. When possible, advise CITY in advance of legislative issues which will
impact upon the CITY.
6. Prepare legislation, and substantive amendments to filed bills and prepare
new legislation where appropriate, on specific legislation identified by CITY.
7. Provide CITY with legal analysis of legislation where appropriate.
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8. Attend and report on selective legislative committee meetings; where
appropriate, prepare and deliver committee testimony.
9. Provide lobbying on behalf of CITY in connection with appropriations
issues and other specific legislation in advance by CITY and approved by CITY prior to the
commencement of the 1998 Legislative Session.
10. Coordinate with interest groups identified and approved in advance by
CITY and prior to the commencement of the 1998 Legislative Session.
B. The scope of legal services contemplated by the Agreement are those which arise
in the normal course of legislative representation at the regular legislative session and excludes
the performance of extraordinary or unusual services or requests identified by CITY after the
commencement of the 1998 Legislative Session. If during the course of this Agreement, CITY
requests CONSULTANT to undertake an unanticipated special project which would involve
legal services over and above those contemplated by this Agreement, CITY and CONSULTANT
will agree in advance to the representation, the appropriate time required and the professional
fees.
C. The following are the areas of responsibility of the Consultant pursuant to this
Agreement:
1. Transportation/Public Works
2. Economic Development Administration
3. Solid Waste Management
4. Department of Labor
5. Environmental Protection Agency (EPA) - Brownfields
6. Criminal Justice Issues
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7. Welfare Reform Implementation/Changes
Reimbursement Issues (FEMA and others)
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ATTACHMENT "B"
TO
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
AND RONALD L. BOOK, P.A.
TEAM OF APPROVED CONSULTANTS
Michael Abrams
2999 NE 191 St., Suite 409
Aventura, Florida 33180
(305) 932-0996
Pamela Burch Fort
The Commerce Group
102 %2 South Monroe Street
Tallahassee, Florida 32301
(850) 425-1344
Rosario Kennedy
Rosario Kennedy & Assoc.
2645 So. Bayshore Drive, Suite 2002
Coconut Grove, Florida 33133
(305) 858-0203
Yolanda Cash Jackson
Becker & Poliakoff
Michael Corcoran
Corcoran and Associates
Brian Ballard
Ballard & Logan
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NOV-13-2002 14:330 CITY MANAGERS OFFICE
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
To : Mayor Diaz and Members of the
City of [Miami Commission
FpoM Uri neZ
City Manag
305 416 1019 P.01
DATE : November 13, 2002 RLE :
SUBJECT .
REFERENCES;
ENCLOSURES:
Retention of Ronald L. Book
As we rapidly approach the beginning of the legislative season, the
Administration is seeking the approval to retain the professional services of
Ronald L. Book, P.A. in order to aggressively move the City's Legislative Agenda
for 2003.
As you may know, the Florida Legislative Organizational Session is set to begin
on Tuesday, November IW", 2002 followed by monthly committee meetings and
culminating with the Regular Session of the Florida Legislature in Manch 2003.
The Administration has been dutifully working to craft a legislative agenda that
would capture and address the needs of our all residents and in order to move
this agenda we need the relationships and the experience that Mr. Book and his
legislative team. which consists of Yolanda Cash -Jackson of Becker & Poliakoff,
Michael Corcoran of Corcoran and Assoc. and Brian Ballard of Ballard and
Logan, can offer to the City of Miami.
it is respectfully requested that the City of Miami Commission waive the
competitive sealed bid procedure in order to retain the services of Ronald L.
Book, P.A. for a period not to exceed one year.
cc. Genaro "Chip" Iglesias, Chief of Staff
Ronda A, Vangates, Special Assistant to the City Manger
6
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NOV-13-2002 14:31 CITY MPMG'ERS OFFICE 305 416 1013 P.02
~ CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Priscilla A. Thompson DATE , November 13, 2002 FILE
City Clerk
sUWEC:: Request to Publish Notice
FROM , ime eZ REFERENCES
City Mand
ENCLOSURES:
Please accept this correspondence as an official request to publish a Notice of
Public Hearing pertaining to the waiving of the competitive sealed bidding
procedures for STATE LOBBYING SERVICES for the City of Miami.
The public hearing has been scheduled for November 19, 2002. If you have any
questions or concems, please contact Ronda A. Vangates at 305-4`16-1037 or
myself at 305.250-5400.
02-1220
NOV-13-2002 14:31 CITY MANAGERS OFFICE 305 416 1019
CITY OF MIAMI, FLORIDA
NOTICE OF PUBLIC HEARING
A public hearing will be held by the Commission of the City of Miami,
Florida, on November 19, 2002, at 9:00AM, at the Gusman Center for the
Performing Arts, located at 174 East Flagler Street, Miami, Florida, for the
purpose of hearing objections from any interested parties to the waiving
of the competitive sealed bidding procedures for STATE LOBBYING
SERVICES,
All interested persons are invited to appear and may be heard concerning
the waiving of the competitive sealed bidding procedures for STATE
LOBBYNG SERVICES. Should any person desire to appeal any decision of
the City Commission with respect to any matter considered at this
hearing, that person shall ensure that a verbatim record of the
proceedings is made including all testimony and evidence upon which any
appeal may be based.
(City Seal)
Priscilla A. Thompson
City Clerk
P.03
TOTAL P.03
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