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HomeMy WebLinkAboutR-94-0617J-94-679 8/12/94 RESOLUTION NO. 9 4 — 617 A RESOLUTION, .. 'WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC., TO CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON, D.C. BY MR. MARK ISRAEL; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $38,800 FOR.SUCH SERVICES, AND AN AMOUNT NOT TO EXCEED $4,000 FOR REIMBURSABLE EXPENSES FROM THE LEGISLATIVE LIAISON GENERAL FUND. WHEREAS, the City of Miami has been utilizing the services of the National Center for Municipal Development, Inc. since July, 1973; and WHEREAS, the National. Center for Municipal Development, Inc. works closely with the National League.of Cities; and WHEREAS, the City of Miami is a member of the National League of Cities; and WHEREAS, the City of Miami needs 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 can have on the City's budget and its ability to provide municipal services; and o- WHEREAS, the City of Miami is desirous of continuing the representation of Miami in Washington, D.C. by the National Center for Municipal Development, Inc.: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: IATTAC � CM COMSSION MEETING OF S E P P U0 1994 Resolution Na 94- 617 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 an agreement, in substantially the attached form, with the National Center -for Municipal Development, Inc., for professional legislative consultant services in Washington, D.C., by Mr. Mark Israel, with funds therefor hereby allocated in an amount not to exceed $38,800.00 for said services, and an additional amount not to exceed $4,000.00 for reimbursable expenses, from the Legislative Liaison General Fund. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 8th day of September, 1994 %STEP;iP4' CLERK MAYOR ATTEST: MATTY HIRAI CITY CLERK 94- 617 BUDGETARY REVIEW AND APPROVAL: MANOHAR S. S ASSISTANT CITY qVR PREPARED AND APPROVED BY: t OLGA IREZ-SE S ASSI TANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 4/ QUIN JONES, I TTORNEY 94- 617 PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of , 1994 by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and the National Center for Municipal Development, Inc., 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, the CONSULTANT, represented by Mr. Mark Israel, the Washington Assistant, has previously provided said services as part of the Man in Washington Program; 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: TERM: The term of this agreement shall be from October 1, 1994 through September 30, 1995. 94- 617 1 s II. SCOPE OF SERVICES: A. During the term of this Agreement, and when requested by the 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. Provide supervision of the Washington Assistant as desired by the CITY and proportionate to the level of service specified. In fulfilling his responsibilities under this Agreement, the Washington Assistant shall act in the name of the CITY and with the title of Washington Assistant to the Mayor. 2. Furnish requisite office space, utilities, furnishings and equipment, secretarial services, common -use office supplies and services, general administrative support and consultation with the urban research staff and access to those ongoing research activities and studies of the National Center for . Municipal Development, Inc., the National League of Cities, and the U.S. Conference of Mayors in the performance of its prescribed functions under this Agreement. B. Under CONSULTANT'S supervision, the Washington Assistant shall: 1. Consult with the Mayor and such other personnel as the Mayor may designate at the times and places mutually agreed to by the Mayor and the Washington 94- 617 r Assistant on all organizational planning and program activity which has a bearing on the ability of the CITY to make the best use of Federal aid 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 his own initiative of those items which may have a bearing on CITY policies or programs. 3. Secure and furnish such detailed information as may be available on 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 Mayor. 5. Maintain • liaison with the CITY's Congressional Delegation and assist the Delegation in any matter which the CITY determines to be in its best interest in the same manner as any other member of the.CITY's administrative staff might render assistance. ' 6. Counsel with the CITY regarding appearances by the 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 CITY's applications, and take whatever actions appear to him 94- 617 3 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. C. CONSULTANT shall not: I. Directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office. 2. Take a position on pending legislation nor attempt to influence legislation by propaganda or otherwise. 3. Present a position which clearly and directly conflicts with the national policies of the National League of Cities and the U.S. Conference of Mayors. D. The Washington Assistant shall not: 1. Represent the interest of local constituents of the CITY in pursuit of Federal business. 2. Represent the CITY before Congressional Committees or in any judicial or quasi-judicial hearing conducted by hearing boards or examiners of Federal agencies, boards, or commissions. 3. Perform any accounting, engineering, legal, or other similar professional services. E. CITY shall: 1. Supply CONSULTANT with names of persons other than the Mayor authorized to request service by the Washington 94- 617 4 Assistant and the person or persons to be kept advised by the Assistant. -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 the Washington Assistant with copies of budgets, planning documents, and regular reports of the Mayor and departments, Commission agenda and proceedings, newspaper and other materials which .assists the representative in keeping himself current of CITY policies and programs. III. COMPENSATION A. Fees. CITY shall pay a maximum of Thirty-eight Thousand Eight Hundred Dollars ($38,800.00), to CONSULTANT as consideration for CONSULTANT'-s services hereunder. 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 ($4,000.00) 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 Forty-two Thousand Eight 94- 617 5 9 Y Hundred Dollars ($42,800.00). Any fees or expenses in excess of this amount will be the sole responsibility of CONSULTANT. IV. AUDIT RIGHTS: f4wil.w Through the term hereof and for ea ( ) years 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. 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. A 94- 617 VII. NONDELEGABILITY: The substantive obligations undertaken by CONSULTANT pursuant to this Agreement shall be delegated only to other persons or firms not 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. VIII. 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. IX. INDEMNIFICATION: CONSULTANT shall indemnify, defend .and save CITY, its 94- 617 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, 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 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 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. 94- 617 8 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 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 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 94- 617 9 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. CONSULTANT agrees that it shall not discriminate as to race, color, religion, sex, national origin, age, handicap or marital status 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. 94- 617 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 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 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 If to CONSULTANT: National Center for Municipal.Development Attn: Mark Israel 1620 Eye Street, N.W. Suite 300 Washington, D.C. 20006 or to such, other address as any party shall have specified by notice in writing to the other. 11 94- 617 XVIII. ENTIRE AGREEMENT This Agreement constitutes the entire agreement among 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. 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 94- 617 12 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 1994. ATTEST: MATTY HIRAI CITY CLERK CITY OF MIAMI, a municipal Corporation of the State of Florida By. • CESAR H. ODIO CITY MANAGER 13 94- 617 ATTEST: MARK ISRAEL CORPORATE SECRETARY APPROVED AS TO INSURANCE: FRANK H. ROLLASON, CHIEF RISK MANAGEMENT DEPARTMENT CONSULTANT: NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. By: J. THOMAS COCHRAN (SEAL) PRESIDENT APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III CITY ATTORNEY 14 94- 617 y CORPORATE RESOLUTION WHEREAS, the National Center for Municipal Development, Inc., desires to enter into an Agreement with the City of Miami, Florida; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with.the By -Laws of the corporation: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the President and Secretary are hereby authorized and instructed to enter into an Agreement in the name and .on behalf of this corporation with the City of Miami upon the terms contained in the proposed Agreement to which this Resolution is attached. DATE this day of , 1994 CHAIRPERSON OF THE BOARD OF DIRECTORS J. Thomas Cochran, President, NCMD, Inc. SECRETARY/TREASURER, NCMD, INC. Mark Israel 94- 617 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUN TO: Honorable Mayor and Members of the City Commission DATE AUGI2 5 19 9 4 FILE SUBJECT Mark Israel, National t f Munici al Cen er or p Development, Agreement FROM : Cesa io REFERENCES : 1994-95 City Oger ENCLOSURES. 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 the National Center for Municipal Development, represented by Mark Israel, to serve as a legislative consultant in Washington, D.C., and allocating $38,800.00 for personal services payable in twelve (12) equal monthly installments of $3,233.33, and a maximum of $4,000.00 for reimbursable expenses, for a total of $42,800.00, from the Legislative Liaison General Fund. BACKGROUND The City has contracted with the National Center for Municipal Development, represented by Mark Israel, to serve as a legislative consultant for the City in Washington, D.C., since July, 1973. The National Center for Municipal Development works closely with the National League of Cities, and the National Conference of Mayors. The City needs to be continuously informed of the legislative and administrative activities that take place in Washington. The Center provides that valuable information through its weekly publication, Infoshares, which contains information on current issues such as budget, community development, housing and public safety to name a few. Infoshares 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 that Delegation, as well as federal department bureau directors. This Agreement is for a total of twelve (12) months, effective October 1, 1994 through September 30, 1995. The total compensation for professional services is $38,800.00, with an additional $4,000.00 allocated for reimbursable expenses. This is the first increase in Mr. Israel's professional services contract since 1989. 9 4 - 617 el9"1,4 - -