HomeMy WebLinkAboutR-92-0525J-92-590
9/9/92
RE OU?rION NO. 9 2_ 525
A RESOLUTICN, WITH ATr,ADMW(S), AUI3IORIZING THE CITY
MANAM TO EXECUTE AN AGf2EEIGM, IN SUBSTANrIALLy THE
ATrACHED FO01, WITH THE NATIONAL CEN MR FOR MUNICIPAL
DEV'ELOPMENt INC., TO CONTINUE REPRF�SENTATION OF THE
CITY OF MLAMI IN WARM4GION, D.C. BY MR. MARK ISRAEL;,
ALLOMING FUNDS THEFMR, IN AN AMOUNT NOT TO EXCEED
$28,800 FOR SAID SERVICES, AND IN AN AMOUNT NOT TO
EXCEED $2,000 FOR REIMBURSABLE EXPENSES FROM THE
LEGISLATIVE LIAISON ORAL 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 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
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 C=4ISSION OF THE CITY OF NIAMI,
FLMIDA:
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)
CONTAINED
CITY COMMISSION
MEETING OF
S E P 10 1992
Resolution No.
92�- 525
Section 2. The City Manager is hereby authorized to execute an
agreement, in substantially the attached form, with the National Center for
Municipal. Developmt, Inc. to continue representation of the City of Miami. in
Washington, D.C., by Mr. Mark Israel, with funds therefor hereby allocated, in
an amount not to exceed $28, 800 for said services, and in an amount not to
exceed $2,000 for reimbursable expenses from the Legislative Liaison General
Fund.
Section 3. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this loth day of September, 1992.
MMM HIRAI, CITY CLERK
BUDGETARY REVIEW:
MANOHAR S. SURANA LA
ASSISTANT CITY MANAGER
PREPARED AND APPROVED BY:
CARMETI L. LECgJ
ASSISTANT CITY ATI011NEY
APPROVED AS TO FORM AND CORRECTNESS:
A
h,')-o
XAVIER L. SUwZ I
92- 525
+` a
3
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of ,
1992 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".
is
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
i
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 followss
TERMS
The term of this agreement shall be from October 1, 1992
through September 30, 1993.
1 92- 525
SCOPE OF 89RV'ICES1
A. CONSULTANT wills
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
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
92- 525
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
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
3 92- 525
1
I
for which payment is requested.
C. CONSULTANT shall note
1. 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
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
4 92- 525
s
1
to the substance of such applications.
3. Supply the Washington Assistant with copies of
budgots, 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.
COMPENSATION
A. CITY shall pay CONSULTANT, as maximum compensation for
the services required pursuant to Paragraph II hereof,
$28,800.00, and documented out-of-pocket expenses not to
exceed $2,000.00.
B. Such compensation shall be paid 'on the following basis:
in advance in twelve (12) equal monthly installments
of $2,400,00, beginning October 1, 1992, plus
documented out-of-pocket expenses. Payment shall be
made by CITY' upon receipt of monthly invoices from
CONSULTANT. Each invoice shall be accompanied by
a` - written report prepared by CONSULTANT explaining
activities undertaken on behalf of CITY for the month
preceding the month for which payment is requested.
CITY shall reimburse CONSULTANT for: (1) all travel
expenses Iincurred on behalf of the CITY including
attendance at any conferences attended by the Washington
Assistant in or outside Washington, D.C., at the request
5 92~ ,525
of the CITY; (2) all other expenses incurred within
Washington, D.C., necessary for the performance of
services under the contract. Said reimbursement shall
not exceed the sum of $2,000.00.
All long distance telephone expenses shall be borne by
the CITY. The Mayor shall determine policy concerning
usage.
C. CITY shall have the right to review and audit the time
records and related records of CONSULTANT pertaining to
any payments by the CITY.
IV.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local governments.
GENERAL CONDITIONS
A. All notices or other communications which shall or may be
i
given pursuant to this Agreement shall be in writing and
shall be delivered by personal service, or by registered
mail addressed to the other party at the addresses
.°i indicated herein or as the same may be changed from time
to time, Such notice shall be deemed given on the day on
which personally served: or, if by mail, on the fifth day
after being' posted or the date of actual receipt,
r f
P whichever is earlier.
92- 525
6
A'
2
In a
CITY OF MIAMI CONSULTANT
City Manager's Office National Center for
3500 pan American Drive Municipal Development, Inc.
Miami, FL 33133 1620 Eye Street, N.W.
Suite 300
Washington, D.C. 20006
H. Title and paragraph headings are for convenient reference
and are not a part of this Agreement.
C. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached'documents, the terms in this Agreement shall
rule.
D. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of the
same or any other provision hereof, and no waiver shall
be effective unless made in writing.
E. Should any provisions, 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 the City of Miami, such provisions,
paragraphs, sentence, words or phrases shall be deemed
modified to the extent necessary in order to conform with
t such laws, or if not modifiable to conform
with
such
I� 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.
92-
525
7
4
VI.
OWNERSHIP or DOCUMENTS
All documents developed by CONSULTANT under this Agreement
shall be delivered to CITY by said CONSULTANT upon completion of
the services required pursuant to paragraph II hereof and shall
become the property of CITY, without restriction or limitation on
its use.. CONSULTANT agrees that all documents maintained and
generated pursuant to this contractual relationship between CITY
and CONSULTANT shall be subject to all provisions of the Public
Records Law, Chapter 119, Florida Statutes.
It is further understood by and between the parties 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 other
purposes whatsoever without the written consent of CITY.
VII.
NONDELEGABILITY:
That the obligations undertaken by CONSULTANT pursuant to
this Agreement shall not be delegated or assigned to any other
person or firm unless CITY shall first consent in writing to the
performance or, assignment of such service or any part thereof by
another person or firm.
8
99- 525
VIII.
AUDIT..RIGHTSt
CITY reserves the right to audit the records of CONSULTANT
at any time during the performance of this Agreement and for a
period of one year after final payment is made under this
Agreement.
IX.
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 the CITY any fee, commission percentage,
brokerage fee, or gift of any kind contingent upon or resulting
from the award of this Agreement.
X.
CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to
the laws,of the State of Florida.
z
XII.
INDEMNIFICATION$
CONSULTANT shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and causes of
action which may arise out of CONSULTANT'S activities under this
Agreement, including all other acts or omissions to act on the
part of CONSULTANT, including any person acting for or on its
behalf, and, from and against any orders, judgments, or decrees
lettermay be entered and from and against'all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof.
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 having such conflicting interest shall
be employed. Any such interests on the part of the
CONSULTANT or its employees, must be disclosed in writing to
the 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.
10 92- 525
XIV.
INDEPMENT CONTRACTORS
CONSULTANT and 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 he shall
not be deemed entitled to the Florida Workers` Compensation
benefits as an employee of CITY. '
XV.
TERMINATION OF CONTRACT:
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required pursuant to
paragraph II hereof without penalty to' CITY. In that event,
notice of termination of this Agreement shall be in writing to
CONSULTANT, who shall be paid for those services performed prior
a.
to the date of its receipt of the notice of termination. In no
l case, however, will CITY pay CONSULTANT an amount in excess of
the total sum provided by this Agreement.
It is hereby understood by and between CITY and CONSULTANT
i
that any payment made in accordance with this Section to
CONSULTANT shall be made only if said CONSULTANT is not in
default under the terms of this Agreement. If CONSULTANT is in
default, then CITY shall in no way be obligated and shall not pay
to CONSULTANT any sum whatsoever.
t'
11 92- 525
7
Y n
XVI.
NONDISCRIMINATION$
CONSULTANT agrees that it shall not discriminate as to race,
sex, color, creed, national origin, or handicap in connection
with its performance under this Agreement.
Furthermore that no otherwise qualified individual shall,
solely or.by reason of his/her race, sex, color, creed, national
origin, or handicap be excluded from the participation under any
program or activity receiving federal financial assistance.
XVII.
MINORITY PROCUREMENT COMPLIANCE:
. CONSULTANT acknowledges that it has been furnished a copy of
Ordinance No. 10062, 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.
XVIII.
CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability
I. of funds -and continued authorization for program activities and
i. is subject to amendment or termination due to lack of funds, or
authorization, reduction of funds, and/or change in regulations.
92- 525
12
XIX.
DEFAULT PROVISIONs
In the event that CONSULTANT shall fail to comply with each
and every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein, then
CITY, at its sole option, upon written notice to CONSULTANT may
cancel and terminate this Agreement, and all payments, advances,
or other compensation paid to CONSULTANT by CITY while CONSULTANT
was in default of the provisions herein contained, shall be
forthwith returned to CITY.
XX.
ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto relating to said grant and
correctly sets forth the rights, duties, and obligations of each
to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this
Agreement are of no force or effect.
XXI.
AMENDMENTS:
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
AWL
IN WITNESS WHEREOFr the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized, this day and year first above written.
CITY OF MIAMI, a municipal
Corporation of the State of
ATTEST: Florida
By:
MATTY HIRAI CESAR H. ODIO
City Clerk City Manager
ATTEST: CONSULTANT: NATIONAL CENTER
FOR MUNICIPAL DEVELOPMENT, INC.
t
By•
RICHARD IC . JqHNSON Thomas Cochrane ( SEAL, )
Corporate Sretary President
j-'
APPROVED A TO INSURANCE APPROVED AS TO FORM AND
CORRECTNESS:
SUJAN CH DIRECTOR NN NES, I C.(.(.,
Risk Man a nt epartment ity A ney
i
f:;
i i .,
1 {'
•ISM' .'.'v'r.rM.
! fL 1 fT7G
c£.
14
92- �25
CORPORATE RESOLUTION
WHEREAS, the National Center for Municipal Development,
Inca 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 a.' day of , 1992
Richard C. J
a.0 a %,
on
'4 daLec..4
IR ERSON OF THE BOARD OF DIRECTORS
Thomas Cochran, President, NCMD, Inc.
, INC.
1UL I 177G
Ci v OF 1!!iiYH►ti .�i
92-..525
CITY OF MIAMI, FLORIDA CAso 13
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members DATE: SEP _ 21992 FILE
of the City Commission i JG
SUBJECT Mark Israel, National
Center for Municipal
Development, Agreement
Cesar H . Od REFERENCES : 19 9 2 - 9 3
FROM : City Manage
' 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
$28,800.00 for personal services payable in twelve (12) equal
monthly installments of $2,400.00, and a maximum of $2,000.00 for
reimbursable expenses, for a total of $30,800.00, 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
,I 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
j 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.
'i This Agreement is for a total of twelve (12) months, effective
October 1, 1992 through September 30, 1993. The total
compensation for professional services is $28,800.00, with an
additional $2,000.00 allocated for reimbursable expenses. There
is no dollar increase for professional services, and at Mark's
request reimbursable expenses have been reduced by $2,000.00 from
previous years.
92- 525
0 A 13-1