HomeMy WebLinkAboutR-98-0858J-98-855
8/11/98
RESOLUTION NO. 9 8- 8 5 8
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH KATZ, KUTTER, ALDERMAN,
HAIGLER, BRYANT & YON, P.A., TO PROVIDE
FEDERAL GOVERNMENT LOBBYING AND CONSULTING
SERVICES TO THE CITY OF MIAMI FOR A PERIOD OF
ONE (1) YEAR EFFECTIVE OCTOBER 1, 1998, IN AN
AMOUNT NOT TO EXCEED $100,000, INCLUSIVE OF
EXPENSES; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 920216-270.
WHEREAS, the City of Miami has need for federal government
lobbying and consulting services to assist the city in achieving
its legislative objectives at the federal level; and
WHEREAS, the Commission of the City of Miami issued a
Request for Qualifications No. 97-98-055 on April 27, 1998 for
the purpose of obtaining federal government representation and
counseling services; and
WHEREAS, the law firm of Katz, Kutter, Alderman, Haigler,
Bryant & Yon, P.A. is the lead firm which has been selected to
provide these services to the city for a period of one (1) year;
and
WHEREAS, pursuant to Motion No. 98-768, adopted July 21,
1998, the City Commission authorized the City Manager to execute
ATTACHMENT (S)I
�CONTAINED
a Professional Services Agreement with said law firm, in an
amount not to exceed $100,000, inclusive of expenses; and
WHEREAS, funding for these services will be allocated from
Account Code No. 920216-270;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
execute a Professional Services Agreement, in substantially the
attached form, with Katz, Kutter, Alderman, Haigler, Bryant &
Yon, P.A., to provide federal government lobbying and consulting
services to the City of Miami for a period of one (1) year
effective October 1, 1998, in an amount not to exceed $100,000,
inclusive of expenses, with funds therefor hereby allocated from
Account Code No. 920216-270.
Section 3. This Resolution shall become effective
98- 858
immediately upon its adoption and signature of the Mayor'/
PASSED AND ADOPTED this 8th day of September , 1998.
JOE CAROLLO, MAYOR
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this legislation by signing it in the designated piace prove ded, said leg
becomes effective with the elapse of ten (i®) 11 days. trorr. the dale of Commiss�Lj,t acl;en
regarding same, without the Mayor exercising o.
ATTEST:
Wafter F n, Cie*
WALTER J. FOEMAN
CITY CLERK _.,
11
.ECTNESS :,'L" _
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�i 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.
3-
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this day of July, 1998 by and between the City of
Miami, a municipal corporation of the State of Florida ("City") and Greenberg, Traurig, P.A.
("Consultant").
RFC1TA1.C-
WHEREAS, the City issued Request for Qualifications No. 97-98-055 on April 27, 1998
for the purpose of obtaining federal government representation and consulting services; and
WHEREAS, the Commission of the City, by Resolution No. , adopted on
September 8, 1998, authorized the City Manager to enter into an agreement with Consultant, to
retain Consultant as its Federal Government representative; and
WHEREAS, the Federal Government 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, Consultant has special capabilities and knowledge regarding the needs of the
City and possesses all necessary qualifications and expertise to perform the legislative services
described in this Agreement; and
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, Provider and the City agree as follows:
8• •
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 from October 1, 1998 through
September 30, 1999.
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.
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,
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 based
on the rates and schedules described in Attachment "B" hereto, which by this reference is
incorporated into this Agreement; provided, however, that in no event shall the amount of
compensation exceed $90,000 during the term hereof.
B. Expenses. The City shall reimburse Consultant for expenses incurred by
Consultant, its employees, agents, subcontractors or representative in the performance of the
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98- 858
Services, up to a maximum of Ten Thousand Dollars ($10,000) for the one year period of this
Agreement. All such 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. Unless otherwise specifically provided in Attachment `B",
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
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
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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
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,
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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, advances, 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
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 has waived compliance with the procedure
set forth in this section by written instruments, signed by the City Manager.
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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.
se . 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
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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
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
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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:
Greenberg, Traurig, P.A.
1300 Constitution Avenue, N.W.
Suite # 10001
Washington, D.C. 20036
Attn: Harry Vine, Esq.
Greenberg, Traurig, P.A.
1221 Brickell Avenue
Miami, Florida 33131
Attn: Lucia Dougherty, Esq.
City of Miami
3500 Pan American Drive
Miami, Florida 33131
Attn: City Manager
With a copy to: City Attorney
444 S.W. 2°d Avenue, Suite 945
Miami, Florida 33130
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.
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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
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.
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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.
24. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has appointed an
Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review
and approve.all pending City of Miami contracts. As a result, contracts shall not be binding on
the City until such time as they have been approved by the Oversight Board. Execution of this
Agreement by the City Manager shall constitute evidence of its approval by the Oversight
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:
Walter Foeman, City Clerk
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"City"
CITY OF MIAMI, a municipal
corporation
By:
Donald H. Warshaw, City Manager
10
WITNESSES:
Print Name:
Print Name:
APPROVED AS TO FORM AND
CORRECTNESS:
"Provider"
Greenberg, Traurig, P.A.
By:
Print Name:
Title:
APPROVED AS TO INSURANCE
REQUIREMENTS:
Alejandro Vilarello MARIO SOLDEVILLA
City Attorney Administrator
Risk Management Division
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858
ATTACHMENT A
TO
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
AND GREENBERG, TRAURIG, 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 deal 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
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6. Criminal Justice Issues
7. Welfare Reform Implementation/Changes
8. Reimbursement Issues (FEMA and others)
9. Census 2000
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ATTACHMENT B
TO
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
AND GREENBERG, TRAURIG, P.A.,
COMPENSATION
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CITY OF MIAMI, FLORIDA 25
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members DATE: AUG 2 5 l993a FILE:
of the City Commission
SUBJECT: Katz, Kutter Haigler, Alderman,
Bryant & Yon, P.A. Agreement
FROM: REFERENCES: for Federal Lobbying Services
Val . Warshaw
City Manager ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached
Resolution authorizing the City Manager to execute the attached agreement with
the Katz Kutter Haigler Alderman for federal lobbying services. The agreement
defines the subject areas of responsibility for each firm, the method of payment,
and the terms under which the firms will provide federal lobbying services on
behalf of the City of Miami.
BACKGROUND
On April 27, 1998, the City issued a Request for Qualifications to solicit proposals
for a federal lobbyist to represent the City of Miami in the nation's capital. The
City Manager adopted the recommendations of the evaluation committee for Katz
Kutter Haigler Alderman and Greenberg Traurig that comprise the team of
lobbyists and submitted same to the City Commission for approval. The City
Commission accepted the rankings and requested that a contract, designating
which subject areas of responsibility will fall to Katz Kutter Haigler Alderman
Bryand & Yon, P.A. and which will fall to Greenberg Traurig, return to the
Commission for approval prior to execution.
DHW/MLV,�
Attachments
98- 858