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HomeMy WebLinkAboutR-95-0659J-95-917 9/14/95 95- 659 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MARK ISRAEL, TO CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON, D.C.; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $48,000.00 FOR SAID SERVICES, AND AN AMOUNT NOT TO EXCEED $4,000.00 FOR REIMBURSABLE EXPENSES FROM THE LEGISLATIVE LIAISON FUND ACCOUNT. WHEREAS, the City of Miami has been utilizing the services of Mark Israel since July, 1973; and WHEREAS, it is necessary that the City of Miami be informed on a regular basis of the legislative activities that take place in Washington, D.C., because of the great impact that such factivities can have on the City's budget and its ability to provide municipal services; and WHEREAS, the City of Miami is desirous of continuing the City of Miami's representation in Washington, D.C. by Mark Israel; 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. ATTACHMENT (S)I CONTAINED CITY COMMISSION MEETING OF S E P 1 4 1995 Resolution No. 95-- 659 L Section 2. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, with Mark Israel, to continue representation of the City of Miami in Washington, D.C., with funds therefor hereby allocated, in an amount not to exceed $48,000.00 for said services, and an amount not to exceed $4,000.00 for reimbursable expenses from the Legislative Liaison Fund Account. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day Septe ber 1995. ATTEST: APPROVED AS TO FORM AND CORRECTNESS: AI-," Q14ZW CITY BSS:W403 S/ III 'EPHENP P. /Z�� . OM - 2 - 95- 659 PROFESSIONAL SERVICES AGREEMFN'i' 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 Mark Israel, hereinafter referred to as "CONSULTANT'. RECITAL: . WHEREAS, the CITY is desirous of having continued representation and assistance in Washington,' D.C. on federal programs and legislation; and WHEREAS, CONSULTANT has provided said services to the City since July, 1973;and WHEREAS, CONSULTANT has committed to working closely with Congress on ensuring Appropriations through the Federal Crime Bill for Fiscal Year 1995-96; and WHEREAS, funds are available in the Legislative Liaison General Fund to pay for the services; 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: 1996. The term of this agreement shall be from October 1, 1995 through September 30, AEN RETURNING FOR FURTH .it REVIEW, PLEASE IDENTIFY AS 95- 659 I i 2. 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 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. 2. Review Federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the CITY on CONSULTANT's own initiative of those items which may have a bearing on CITY policies and programs. 3. Secure and famish such detailed information as may be available of Federal programs in which the CITY indicates interest. 4. Review and comment on proposals of the CITY which are being prepared for submission to Federal agencies when requested to do so by the City Manager. 5. Maintain liaison with the CITY's Congressional Delegation and assist the Delegation in any matter which the CITY determines to be in its 01 95- 659 L best interest in the same manner as any other member of the CITY's administrative staff might render assistance. b.' Counsel with the CITY regarding appearances by CITY personnel before Congressional Committees and administrative agencies and arrange for appointments and accommodations for CITY personnel as necessary. 7. Contact Federal agencies on behalf of the CITY's applications, and take whatever actions appear to CONSULTANT to be required to obtain the most favorable consideration of such applications. 8. Submit to the CITY each month a written report explaining activities undertaken on behalf of the CITY for which payment is requested. B. CONSULTANT shall not: 1. Directly or indirectly participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office in the City of Miami. 2. Represent the interest of local constituents of the CITY in pursuit of Federal business. 3. Perform any accounting, engineering, legal, or other similar professional services. C. CITY shall: E 95- 659 .-I 1. Supply CONSULTANT with names of persons other than the Mayor and City Manager authorized to request service by CONSULTANT and the person or persons to be kept advised by CONSULTANT. 2. Supply summary of all Federal programs in which the CITY is participating and advise CONSULTANT of any new applications filed together with pertinent details as to the substance of such applications. 3. Supply CONSULTANT with copies of budgets, planning documents, and regular reports of the City Manager and departments, Commission agenda and proceedings, newspaper and other materials which assist CONSULTANT in keeping current on CITY policies and programs. 3. COMTENSATION: A. Fees. CITY shall pay a maximum of Forty -Eight Thousand Eight Hundred Dollars ($48,800),. to CONSULTANT as consideration for CONSULTANT's services herein above. Payment shall be made by CITY upon receipt of monthly invoices from CONSULTANT. B. Expenses. CITY shall reimburse CONSULTANT a maximum of Four Thousand Dollars ($4,000) for reasonable expenses incurred by CONSULTANT and its employees, 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 Fifty -Two Thousand Eight hundred Dollars ($52,800). 4 95-- 659 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 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 are incurred and unpaid at the time of termination. CONSULTANT shall be entitled to no other fees or compensation. 8 95- 659 I 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 a period of three (3) years thereafter, CITY shall have the right to review and audit the time, cost and expense records of CONSULTANT pertaining to services herein above. 5. COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS: Both CITY and CONSULTANT shall comply with all applicable laws, ordinances and codes of Federal, State and Local governments. . . 6. 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. 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 I. contemplated by this Agreement whatsoever without the written consent of the CITY. 7. NON-DELEGABILPTX: The substantive obligations undertaken by CONSULTANT pursuant to this Agreement shall be delegated only to other persons or funs regularly associated with CONSULTANT upon the prior consent of the CITY. Such persons or firms shall 5 95-- 659 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 funs 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 IO(D) of this Agreement shall not be utilized by CONSULTANT in respect to services provided hereto. S. AWARD OF AGREEMNT: 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. INDEIlRNIFICATION: CONSULTANT shall indemnify, defend and save the CITY, its officers, 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, 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 defense of any such claims, or in the investigation thereof. 6 95- 659 10. CQNFLICT 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 Y), 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 M 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 2, and CITY hereby waives any conflict or alleged conflict with respect to such representation. 7 95.. 659 13. NONDISCPJMINATION: CONSULTANT agrees that it shall not discriminate as to race, sex, color, religion, age, marital status, handicap or national origin in connection with its performance under this Agreement. 14. MINORITY PROCUREMENT COMPLIANCE: CONSULTANT acknowledges that is 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. ' . 15. 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. 16. WAIVERS AND AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing signed by both parties. 17. NOTICE : 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 been i duly given if delivered personally or sent by registered or certified mail, return receipt j requested, postage prepaid: 9 9�- 659 If to CITY: City of Miami Attn.: City Manager 3500 Pan American Drive i Miami, Florida 33133 i With a copy to: City Attorney's Office 300 Biscayne Boulevard Way Suite 300 Miami, Florida 33131 CONSULTANT: Mark Israel 1620 Eye Street, N.W. Suite 300 Washington, DC 2000E or to such other address as any party shall have specified by notice in writing to Aifie other. 18. EN= AQREEMZNT: This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. 19. 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. 10 95- 659 20. 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. 21. SECTION AND OTHER H7EADINGS: 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 above written. ATTEST: Walter J. Foeman, City Clerk 11 CITY OF MIAAA a municipal corporation of the State of Florida BY Cesar H. Odio, City Manager 95- 659 WITNESSES: (As to CONSULTANT) CONSULTANT: BY Mark Israel 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 Ol 12 SEAL 95- 659 CITY OF MIAMI, FLORIDA �� INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members DATE : SEP _ 1 1995 FILE of the City Commission SUBJECT: Legislative/Legal Services FROM : Cesa I REFERENCES: City r 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 Mark Israel, to serve as a legislative consultant in Washington, D.C., and allocating $48,000 for personal services payable in twelve (12) equal monthly installments of $4,000, and a maximum of $4,000 for reimbursable expenses, for a total of $52,000, from the Legislative Liaison General Fund. BACKGROUND Mark Israel has worked as a legislative consultant for the City in Washington, D.C. since July, 1973. Mr. Israel works closely with the National League of Cities, and the U.S. Conference of Mayors. The City needs to be continuously informed of the legislative and administrative activities that take place in Washington. Mr. Israel provides that valuable information through his weekly publication, Washington Office Report, which contains information on current issues such as budget, community development, housing and public safety. _Washington Office Report is distributed weekly to the Mayor and Commissioners, the City's administrative staff and various City departments. Mark Israel maintains contact with Dade's Congressional Delegation, and has arranged numerous meetings for City officials with the Delegation, as well as federal department bureau directors. Mark Israel has committed to working closely with Congress on ensuring Appropriations through the Federal Crime Bill for Fiscal Year 95-96. This Agreement is for a total of twelve (12) months, effective October 1, 1995 through September 30, 1996. The total compensation for professional services is $48,000, with and additional $4,000 allocated for reimbursable expenses. 915- 659 L