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HomeMy WebLinkAboutR-95-0461W J-95-255 3/20/95 RESOLUTION NO. 95- 461 A RESOLUTION, WITH ATTACHMENT(S), 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 ON THE CITY OF MIAMI; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $49,950 FOR SAID SERVICES, AND IN AN 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.; 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. ATTAC-HN1RHT (S) CONTAIN EP :CITY COMMISSION MEETING OF JUN Q 1 1.995 Revolution No. 95- 461 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 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 expenses, 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 1st day of June , 1995. S PHEN P. CL41RK, MAYOR J WALTER J F N CITY CLE 95- 461 -2- BUDGETARY REVIEW AND APPROVAL: MANOHAR S. SURANA �vJ ASSISTANT CITY MANAGER PREPARED AND APPROVED BY: ��v &t Al -I OLGA AMIREZ—SEIJ S 17 ASSI TANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: v f A. Q111ANN J N , II'i CITY ATTO N ,Y M5011:csk:ORS 3 95- A-61 PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of , 1995, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and Alcalde & Fay, hereinafter referred to as "CONSULTANT." RECITAL: WHEREAS, CONSULTANT has provided legislative consultant services to local governments; and WHEREAS, CONSULTANT's expertise will assist the City in pursuing 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: TERM: The term of this Agreement shall be from play 1, 1995 through April 30, 1996. WHEN RETURNING FOR FURPIE.R REVIEW, PLEASE IDENTIFY AS 95- 461 II. SCOPE Or SERVICES: 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 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 3. Counsel with the CITY regarding appearances by CITY personnel before Congressional Committees and federal administrative agencies; and 4. 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 95- 461 E policies or programs; and 5. Assist in contacting federal agencies including the White House and Office of Management and Budget in Washington, D.C., on the CITY's behalf on a mutually agreed upon basis when CITY funding applications are under consideration by such agencies; and 6. 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 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 CONSULTANT 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 the representation, the appropriate tiwe required and the professional fees. COMPENSATION: A. Fees. CITY shall pay a maximum of Forty —Nine Thousand Nine Hundred Fifty Dollars ($49,950.00), to CONSULTANT as consideration for CONSULTANT's services hereunder. Payment shall be made by CITY upon receipt of monthly invoices from CONSULTANT. 95- 461 3 B. Expenses. CITY shall reimburse CONSULTANT a maximum of Fifteen Thousand Dollars ($15,000.00) for reasonable expenses incurred by CONSULTANT and its etaployees, agents, subcontractors or representatives during the term of the Agreement. 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 ($64,950.00). Any fees or expenses in excess of this amount will be the sole responsibility of CONSULTANT. IV. 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 CONSULTANT pertaining to services hereunder. V. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both CITY and CONSULTANT shall comply with all applicable laws, ordinances and codes of state and local governments. VI. DOCUMENTS: A. 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. 95- 461 4 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 CITY and shall not be used by CONSULTANT for any purposes other than contemplated by this Agreement whatsoever without the written consent of the CITY. VII. NONDELEGABILITY: The substantive obligations undertaken by CONSULTANT pursuant to this Agreement shall be delegated only to other persons ns or f1=msnot>regularly associated with CONSULTANT upon the prior consent of the CITY. Such persons or firms shall comply with the provisions of Section X(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 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 X(D) of this Agreement shall not be utilized by CONSULTANT in respect to services provided hereunder. AWARD OF AGREEMENT: CONSULTANT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement 95- 461 and that it has not offered to pay, paid, or agreed to pay an,; 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. IX. INUEtINIFICATION: CONSULTANT shall indemnify, defend and save CITY, its officers, employees and agents harmless from and against any and all 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.4 froth and against any orders, judgments, or decrees which may be entered as a result of such acts of CONSULTANT and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. X. 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 hereunder. Any such conflict of interest(s) on the part of CONSULTANT, its employees or associated persons, or entities 95 - 461 A r� 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 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 matter directly related to the services described in and the legislative matters previously 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, 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 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 hereunder to any person or entity who exercise any fcinctions or responsibilities on his/her personal behalf or on behalf of any other clients) if the subject matter of such representation is related to the services 95- 461 i described in Section II 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 hereunder by CONSULTANT. XI. 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 classified or unclassified employees; further it shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. XII. 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 of this Agreement, CONSULTANT shall receive payment for services rendered prior to termination plus any expenses, subject to the limitations set forth in paragraph II, which are incurred and unpaid at the time of termination. CONSULTANT shall be entitled to no other fees or compensation. XIII. NONDISCRIMINATION: CONSULTANT agrees that it shall not discriminate as to race, 95- 461 E1 J sex, color,l1 c handicap or national origin in connection with its performance under this Agreement. XIV. MINORITY PROCUREMENT COMPLIANCE: CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10538, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. XV. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. XVI. WAIVERS AND AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. XVII. NOTICES All notices, requests, demands and other communications I which are required or may be given under this Agreement shall be ' in writing and shall be deemed to have been duly given if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid: 95- A-61 9 If the CITY: City of Miami 3500 Pan American Drive Miami, FL 33133 Attn: City Manager With a copy to: City Attorney's Office 300 Biscayne Blvd. Way Suite 300 'Miami, Florida 33131 If to CONSULTANT: Alcalde & Fay 2111 Wilson Blvd. Suite 850 Arlington, VA 22201 or to such other address as any party shall have specified by notice in writing to the other. XVIII. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. XIX. BINDING EFFECT; BENEFITS: This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors; nothing in this Agreement, expressed or implied, is intended to confer on any other person other than the parties hereto, or their respective successors, any rights, remedies, obligations or liabilities under or by reason of this Agreement. XX. APPLICABLE LAW: 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. 95- 461 10 } XXI. SECTION AND OTHER HEADINGS: The section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. XXII. 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, this day of , 1995. ATTEST: MATTY HIRAI City Clerk CITY OF MIAMI, a municipal Corporation of the State of Florida By: CESAR H. ODIO City Manager 95- 461 J WITNESSES: (As to CONSULTANT) APPROVED AS TO INSURANCE: CHIEF FRANK K. ROLLASON Deputy Chief Risk Management Division CONSULTANT: ALCALDE & FAY By: ALCALDE & FAY APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III City Attorney NO 95- 461 12 P CITY OF MIAMI, FLORIDA �� INTER -OFFICE MEMORANDUM To : Honorable Mayor and Members DATE : MAY 2 5 1995 FILE of the City Commission SUBJECT : Legislative/Legal Services FROM : r+_Nua REFERENCES: Cltyr \ ! er ENCLOSURES: 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 Alcalde & Fay has worked directly with the City Commission and administration in representing the interests of the City in Washington on the City's federal legislative and administrative priorities. Alcalde & Fay is currently assisting the City in pursuing monies allocated by the Federal Crime Bill. The firm has assisted in arranging meetings for the Mayor and City Manager with Secretary Cisneros and other appropriate officials in support of the City's application to become one of six national empowerment zones in order to foster economic development in depressed neighborhoods in Miami. Their collaboration with the City eventually resulted in our designation as an enterprise Community with a grant of $2.95 million. The firm also assisted the City in its efforts to negotiate with the U.S. Navy over the location of a homeless assistance center in Coconut Grove. Our joint efforts have resulted in the City's designation as an LRA and qualification under the new amended Base Closure Act. The City is in the process of submitting a reuse plan and the firm has attended meetings with the attorneys representing the Homeless Coalition as part of the process set forth by the Act. Alcalde & Fay also assists the City in monitoring and following up on federal grant applications such as $1.95 million grant and the recent $450,000 grant received recently by the police department in support of the City's community policing efforts. 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, 1995 through May 31, 1996. 95- 461 zi'1