HomeMy WebLinkAboutR-95-0841J--95-1013
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RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH
WASHINGTON & CHRISTIAN, TO PROVIDE
PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES
CONCERNING FEDERAL LEGISLATION AND ACTIVITIES
WHICH IMPACT UPON THE CITY OF MIAMI;
ALLOCATING FUNDS THEREFOR FROM THE
LEGISLATIVE LIAISON GENERAL FUND IN AN AMOUNT
NOT TO EXCEED $44,000.00 FOR SAID SERVICES,
AND AN AMOUNT NOT TO EXCEED $15,000 FOR
REIMBURSABLE EXPENSES.
WHEREAS, the City of Miami has been utilizing the services
of Washington & Christian for a number of years; and
WHEREAS, it is necessary for the City of Miami to be
informed on a regular basis of the legislative activities that
take place in Washington, D.C. because of the great impact that
such activities have on the City's budget and its ability to
provide municipal services; and
WHEREAS, the City of Miami is desirous of continuing its
representation in Washington, D.C. by Washington & Christian;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
ATTACHMENTS)
CONTAINED
I _ '
:CITY CO.MMSSION
MEETING OF
DEC 0 7 1995
Revolution No.
95- 841
Section i. 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 an agreement, in substantially the attached form, with
Washington & Christian, to provide professional legislative
consultant services concerning Federal legislation and activities
which impact upon the City of Miami, with funds therefor hereby
allocated from the Legislative Liaison General Fund, in an amount
not to exceed $44,000.00 for said services, and an amount not to
exceed $15,000 for reimbursable expenses.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 7th day of December 1995.
A S& Qpq
STE HEN P. CLARNF, MAYOR
ATTE T:
I
WALTER J. MAN
CITY CLERK
i
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.
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FINANCIAL AND BUDGETARY REVIEW:
APPROVED AS TO FORM AND CORRECTNESS:
/,I- -.- 4e4
A: QUANN JOYES, III
CITY /ATTry
ORS:BSS:W459
95- 841
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PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of 199 '
by and between the City of Miami, a municipal corporation of the State of Florida,
hereinafter referred to as "CITY", and Washington & Christian, a District of Columbia
partnership, 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 can provide significant assistance to the City in
obtaining access to information regarding federal programmatic developments evolving
under the current federal administration, as well as other activities and events;
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:
The term of this agreement shall be from December 10, 1995 through
December 9, 1996.
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:
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1. Advise and consult with CITY on federal legislative and
administrative 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 federal legislative and administrative issues of significant
interest to CITY.
3. Monitor various federal legislative and administrative issues identified
in advance by CITY and periodically report to CITY.
4. Where possible, advise CITY in advance of legislative and
administrative issues which will impact upon CITY.
5. Prepare legislation, and substantive amendments to filed bills where
appropriate, on specific federal legislation identified by CITY.
6. Provide CITY with legal analysis of federal legislation and
administrative issues where appropriate.
7. Attend and report on selected legislative committee meetings; where
appropriate, prepare and deliver committee testimony.
8. Provide lobbying on behalf of CITY in connection with appropriations
issued and other specific legislation identified in advance by CITY and
approved by CITY.
9. Coordinate with interest groups identified and approved in advance by
CITY.
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B. The scope of legal 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 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.
3. COMPENSATION:
A. Fees. CITY shall pay a maximum of Forty -Five Thousand Dollars ($44,000),
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 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 expenses incurred by
CONSULTANT is Fifteen Thousand Dollars ($15,000.00). Any expenses in excess of
this amount will be the sole responsibility of CONSULTANT.
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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 hereunder.
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
contemplated by this Agreement whatsoever without the written consent of the CITY.
7. NON-DELEGABILITY:
The substantive obligations undertaken by CONSULTANT pursuant to this
Agreement shall be delegated only to other persons or firms regularly associated with
CONSULTANT upon the prior consent of the CITY. 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
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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,
S.
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. EMENEVIFICATION:
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.
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
I has any personal financial interests, direct or indirect, with CITY. CONSULTANT
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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
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 2, 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
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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.
13. NONDISCRDIINATION:
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
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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. 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 been
duly given if delivered personally or sent by registered or certified mail, return receipt
requested, postage prepaid:
If to CITY: City of Miami
Atta.: City Manager
3500 Pan American Drive
Miami, Florida 33133
With a copy to:
w
CONSULTANT:
City Attorney's Office
300 Biscayne Boulevard Way
Suite 300
Miami, Florida 33131
Washington & Christian, P.A.
Southern Building
805 - Fifteenth Street, N.W.
Washington, DC 20005
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
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.
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 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. SEVERABILM:
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
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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.
CITY OF MIAMI, a municipal
ATTEST: corporation of the State of Florida
BY
Walter J. Foeman, City Clerk Cesar H. Odio, City Manager
WITNESSES: CONSULTANT:
WASHINGTON & CHRISTIAN
BY
(As to CONSULTANT) (Seal)
APPROVED AS TO INSURANCE REQUIREMENTS:
(- Frank K. Roffason, Deputy Fire Chief
Risk Management Division
APPROVED AS TO FORM AND CORRECTNESS:
0
A. Quinn Jones,
City Attorney
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i CITY OF MIAMI, FLORIDA A=10
INTER-OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE 7 '�r FILE
of the City Commission
sualECT : Legislative/Legal Services
FROM : Cesar I REFERENCES :For December 7, 1995
Commission Meeting
city M 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 Washington & Christian, a District of Columbia partnership, to serve as
a legislative consultant in Washington, D.C., and allocating $44,000 for professional
services payable in twelve (12) equal monthly installments of $3,666.66, and a
maximum of $15,000 for reimbursable expenses, for a total of $59,000, from the
Legislative Liaison General Fund.
BACKGROUND
The City needs to be continuously informed of the legislative and administrative
activities that take place in Washington. For the past several years, Washington &
Christian has provided significant assistance to the City in obtaining access to
information regarding federal programmatic developments. This firm reviews
congressional documents, prepares necessary written materials, attends U.S.
Conference of Mayors meetings, maintains routine contacts with members of Congress,
FEMA and HUD. Washington & Christian has committed to assist the City in our
request for federal financial relief in cancellation of all the repayment liability for the
Community Disaster Loan extended to the City following Hurricane Andrew.
This Agreement is for a total of twelve (12) months, effective December 10, 1995
through December 9, 1996. The total compensation for professional services is
$44,000, with and additional $15,000 allocated for reimbursable expenses.
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