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HomeMy WebLinkAboutR-96-0391e'a RESOLUTION NO. 9 6 - 3 91 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ALCALDE & FAY, FOR PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES CONCERNING FEDERAL LEGISLATION WHICH IMPACTS UPON THE CITY OF MIAMI; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $49,950, FOR SAID SERVICES, AND AN ADDITIONAL AMOUNT, NOT TO EXCEED $15,000, FOR REIMBURSABLE EXPENSES, FROM THE LEGISLATIVE LIAISON GENERAL FUND. WHEREAS, the City of Miami seeks to retain the legislative consultant services of Alcalde & Fay in Washington, D.C.; and WHEREAS, Alcalde &'Fay can provide significant assistance to the City in pursuing federal legislative issues and funding projects, as well as other activities and events; and WHEREAS, the City will need continued expertise in representing the City's interests in Washington, D.C.; and 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. j 'i CITY COMMISSION MEETING OF J U N 1 3 1996 Resolution No. 96- 391 Ma Section 2. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, with Alcalde & Fay, for professional legislative consultant services i concerning federal legislation which impacts upon the City of Miami, with funds therefor hereby allocated, in an amount not to exceed $49,950, for said services, and an additional amount, not to exceed $15,000, for reimbursable expenses, from the Legislative Liaison General Fund. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 13t _ day Iry 1996. jaF DO- GORT•, VICt-MAYOR l.i ATTES APPROVED AS TO FORM AND CORRECTNESS: 2- 96- 391 legislation in Washington, D.C., and obtaining federal funding; and WHEREAS, the proposed new federal budget will have an impact on the CITY's receipt of federal funds; and WHEREAS, the CITY is desirous of continuing to receive legislative consulting services from CONSULTANT; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: 1. TERM: ne 11996 through May 31, 1997. The term of this agreement shall be from Ju, I - 7 A. During the term of this Agreement, and when requested by CITY through the Mayor, the City Manager or representatives specifically designated by them to deal with CONSULTANT, CONSULTANT shall provide the following services to the CITY: 1. Confer with the Mayor, the City Commissioners, the City Manager, and such other City personnel as the City Manager may designate, at the times and places mutually agreed to by the City Manager and the CONSULTANT on all organizational planning and program activity which has a bearing on the ability of the CITY to make the best use of federal programs; and 2. Maintain liaison with the CITY's Congressional Delegation, and shall assist the Delegation in any matter which the CITY determines to be in its best interest; and Counsel with the CITY regarding appearances by CITY personnel before Congressional Committees and federal administrative agencies; and Assist the CITY in the review of federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the CITY of those items mutually agreed upon which may have a significant bearing on the CITY's policies and programs; and Assist in contacting federal agencies including the White House and Office of Management and Budget in Washington, D.C., on the CITY's 2 96- 391 behalf on a mutually agreed upon basis when CITY funding applications are under consideration by such agencies; and Consult with the CITY regarding any proposed formula changes in any Federally funded programs or projects to determine their impact on the CITY, and take the necessary steps as mutually agreed upon to bring about changes in the best interest of the CITY. B. The scope of the services contemplated by this Agreement are those which arise in the normal course of legislative and administrative representation before the U.S. Congress and federal agencies and excludes the performance of extraordinary or unusual services or requests. If, during the course of this Agreement, CITY requests jCONSULTANT to' undertake an unanticipated special project which would involve services over and above those contemplated by this Agreement, CITY and CONSULTANT will agree in advance to representation, the appropriate time required and the professional fees. 3. COMPENSATION: A. Fees. CITY shall pay a maximum of Forty -Nine Thousand Nine Hundred Fifty Dollars ($49,950), to CONSULTANT as consideration for CONSULTANT's - services.Payment shall be made by CITY upon receipt of monthly invoices from CONSULTANT. I B. Expenses. CITY shall reimburse CONSULTANT a maximum of Fifteen 1 Thousand Dollars ($15,000) for reasonable expenses incurred by CONSULTANT and its jemployees, agents, subcontractors or representatives during the term of the Agreement. 3 95- 391 All such expenses shall be approved by the City Manager or his designee and shall be billed monthly on separate invoices and accompanied by receipts, where applicable. C. The maximum compensation to be paid by the CITY for fees and expenses incurred by CONSULTANT is Sixty -Four Thousand Nine Hundred Fifty Dollars ($64,950). Any fees or expenses in excess of this amount will be the sole responsibility of CONSULTANT. 4. AUDIT RIGHTS: Through the term hereof and for one (1) year thereafter, CITY shall have the right to review and audit the time, cost and expense records of the CONSULTANT pertaining to services herein above. 5. COMPLIANCE WITH FEDERAL, STATE AND WCAL LAWS: Both CITY and CONSULTANT shall comply with all applicable laws, I ordinances and codes of Federal, State and Local Governments. DOCUMENTS: CONSULTANT agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. B. CONSULTANT further agrees that any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by CONSULTANT for any purposes other than contemplated fby this Agreement whatsoever without the written consent of the CITY. 4 96- 391 a• r 7. NON-12EL.EG ILIM The substantive obligations undertaken by CONSULTANT pursuant to this Agreement shall be delegated only to other persons or firms regularly associated with the CONSULTANT upon the prior consent of the CITY. Such persons or firms shall comply with the provisions of Section 10(D) of this Agreement. Nothing herein shall preclude CONSULTANT, without prior CITY approval, from seeking the advice or assistance of others, at CONSULTANT's own expense, so long as such persons or firms do not have s authority to represent that they are acting on behalf of CITY. The services of such persons or firms having conflicting interests as described in Section 10(1)) of this Agreement shall not be utilized by CONSULTANT in respect to services provided hereto. 8. AWARD OF AGREEMENT: CONSULTANT warrants that it has not employed or retained any person 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 employed by CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 9. !INDEMNIFICATION: I CONSULTANT shall indemnify, defend and save the CITY, its officers, I employees and agents harmless from and against any and all such claims, liabilities, losses, and causes of action which may arise out of CONSULTANT's negligent act or omission or willful misconduct under this Agreement and, from and against any orders, F 96- 391 ti judgments or decrees which maybe entered, as a result of such acts of CONSULTANT and from and against all costs, attorneys' fees, expenses and liabilities incurred in defense of any such claims, or in the investigation thereof. 10. CONFLICT OF INTEREST; A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with 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 hereto. Any such conflict of interest(s) on the part of CONSULTANT, its employees or associated persons, or entities must be disclosed in writing to CITY. B. CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws and any future amendments thereto. C. CONSULTANT shall decline proffered employment by another client(s) if the exercise of his or her independent professional judgment on behalf of CITY, on any ices described in and the legislative matters previously matter directly .related to the services g P Y and specifically identified pursuant to Section II, of this Agreement, will be or is likely to be adversely affected by the acceptance of such proffered employment; provided, i however, that CONSULTANT may represent a client(s) with an interest adverse to CITY if the subject matter of such representation is not related to the services described in I t Section II, and CITY hereby waives any conflict or alleged conflict with respect to such representation. D. CONSULTANT shall not delegate the substantive obligations undertaken hereto 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 described in Section 2 of this Agreement and if such representation will or is likely to compete with the interests of CITY or adversely affect the interests of CITY and the obligations undertaken hereto by CONSULTANT. 11. INDEPENDENT CONTRACTOR: CONSULTANT, its employees and agents shall be deemed to be independent contractors and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY or any rights generally afforded to classified or unclassified employees; further it shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the CITY. 12. TERMINATION OF AGREEMENT: Both parties to this Agreement shall have the right to terminate this Agreement upon thirty (30) days written notice to the other party hereto. In the event of termination i of this Agreement, CONSULTANT shall receive payment for services rendered prior to termination plus any expenses, subject to the limitations set forth in paragraph 2, which i are incurred and unpaid at the time of termination. CONSULTANT shall be entitled to - no other fees or compensation. Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination l due to lack of funds, or authorization, reduction of funds, and/or change in regulations. 16. WAIVERS AND AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing signed by both parties. 17. NOTICES: All notices, requests, demands and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have duly ;f given if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid: 8 96- 391 If to CITY: City of Miami Attn.: City Manager 3500 Pan American Drive Miami, Florida 33133 With a copy to: CONSULTANT: City Attorney's Office 300 Biscayne Boulevard Way Suite 300 Miami, Florida 33131 Alcalde & Fay Attn.: Nancy Prowitt 2111 Wilson Boulevard Suite 850 Arlington, VA 22201 ft or to such other address as any party shall have specified by notice in writing to the other. 18. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties hereto with 391 This Agreement and the legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of Florida and venue shall be in Dade County, Florida. 21. SECTION AND OTHER HEADINGS: This section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. 22. SEVERABILITY: Should any paragraphs, sentences, words or phrases 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 of the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modified to conform with such laws, 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. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, the day and year first 96- .391 CONSULTANT: BY -- Partner, Alcalde & Fay APPROVED AS TO INSURANCE REQUIREMENTS: Frank K. Rollason, Deputy Fire Chief Risk Management Division APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III City Attorney 11 SEAL s 96.- 391 CA=16 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members DATE : JUN 3 1990 FOIE of the City Commission SUBJECT ; Legislative/Legal Services FROM Ce REFERENCES : Commission Meeting of City Pger ENCLOSURES ; June 13, 1996 Resolution/Agreement RECOMMENDATION It is respectfully recommended that the City Commission adopt the proposed Resolution authorizing the City Manager to enter into a Professional Services Agreement with Alcalde & Fay, to serve as a legislative consultant in Washington, D.C., and allocating $49,950 payable in twelve (12) equal monthly installments, and a maximum of $15,000 for reimbursable expenses, for a total of $64,950, from the Legislative Liaison General Fund. BACKGROUND calde & Fay has worked directly with the City Commission and administration in presenting the interests of the City in Washington on the City's federal legislative and 9ministrative priorities. Alcalde & Fay has assisted the City with the following issues: Justice/COPS More - to promote the Law Enforcement Block Grant rather than the COPS Program in the FY'96 Justice Appropriations bill. The final appropriations included a $503 million block grant to the local governments along with $1.4 billion for the COPS Program Telecommunications - to secure language to retain cities' rights to be compensated for telecommunications providers' use of the -public rights -of -way, and to include a provision favorable to cities' position on cellular tower placement Empowerment Zone/Enterprise Communities - provided City information on proposals for the new round of awards and contact the EZ/EC Task Force weekly on behalf of the City to discuss any updates International Business and Information Center - attempted to get grant for the International Trade Board by corresponding with the Secretary of the Department of Commerce Age Discrimination in Employment Amendments - monitored legislation for the City. It has passed the House and the Senate Committee on Labor and Human Resources and could be scheduled shortly for the floor Sanctions Against Cuba - monitored federal legislation Immigration Reform - informed the City of significant provisions in the Immigration Reform Act, provided names of conferees and lobbying on City's behalf The City needs continuous and in-depth representation in legislative and administrative matters in Washington, D.C. Alcalde & Fay has successfully provided the representation in the past, and will continue to do so in the future. The firm's personal contacts with various federal department officials have contributed to their success in representing the City. This agreement is effective June 1, 1996 through May 31, 1997. 1 b6- 301