HomeMy WebLinkAboutR-92-0577Yj+•
MN
J-92-591
9/24/92
RESOLUTION NO. 9 2 _ � 7 7
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE LAW FIRM OF HOLLAND &
KNIGHT, FOR THE PERIOD OF OCTOBER 11 1992
THROUGH SEPTEMBER 30, 1994, FOR PROFESSIONAL
LEGISLATIVE CONSULTATION SERVICES ON BEHALF
OF THE CITY; ALLOCATING FUNDS THEREFOR IN AN
ANNUAL AMOUNT NOT TO EXCEED $75,000.00 FOR
SAID SERVICES, TOGETHER WITH AN ANNUAL AMOUNT
NOT TO EXCEED $20,000.00 FOR REIMBURSABLE
EXPENSES, APPROVED BY THE CITY MANAGER, FROM
THE LEGISLATIVE LIAISON GENERAL FUND.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized 1/ to
execute an agreement, in substantially the attached form, with
the law firm of Holland & Knight, for professional legislative
consultant services on behalf of the City for the period of
October 1, 1992 through September 30, 1994.
Section 2. An annual amount not to exceed $75,000.00 is
hereby allocated for said services together with an additional
annual amount not to exceed $20,000.00 for reimbursable expenses,
� 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.
ATTAC".MEET (5)
CITY COMMISSION
MEETING OF
SEP 2 4 1992
Resolution No.
92-- 577
approved by the City Manager from the Legislative Liaison General
Fund.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24th day of WpteMb?_� 1992.
ATTW! s
NATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
CARMEN L. LEON /
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
n i7
A J QUJ(?RAS ,
CITY ATTO
CLL:ra:M3 8
-2-
XAVIER,L.ISUAREl, MAYOR
92- 57'7
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
Holland & Knight, hereinafter referred to as "CONSULTANT".
RECITAL:
WHEREAS, the City Commission on September 24, 1992 passed
Resolution No. 92-577 (the "Resolution") authorizing and
directing the City Manager to enter into an agreement with
CONSULTANT to retain CONSULTANT as a special legislative counsel;
and
WHEREAS, the Florida Legislature regularly considers
important legislation that could affect CITY in the areas of
housing, economic redevelopment, revenue distribution, living
conditions, taxation and other similar issues; and
WHEREAS, CONSULTANT has special capabilities and knowledge
regarding the needs of CITY; and
WHEREAS, CONSULTANT desires to perform the legislative
services required by CITY; and
WHEREAS, the City Manager and CONSULTANT have reached an
agreement to provide said 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:
92-- 577
TERM.,
.,
The
term of
this
Agreement shall be from October 1, 1992
through
September
31,
1994.
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.
advise and consult with CITY on legislative 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 legislative
issues of significant interest to CITY.
3.
Maintain liaison with the CITY's legislative delegation
and assist the delegation in legislative matters of
interest to CITY.
4.
Monitor various legislative issues identified in
advance by CITY and periodically report to CITY.
5.
Where possible, advise CITY in advance of legislative
issues which will impact upon CITY.
6.
Prepare legislation, and substantive amendments to
i
filed bills where appropriate, on specific legislation
identified by CITY.
_ 2 _ 92- 577
1
7. Provide CITY with legal analysis of legislation where
appropriate.
8. Attend and report on selected legislative committee
meetings; where appropriate, prepare and deliver
committee testimony.
9. Provide lobbying on behalf of CITY in connection with
appropriations issues and other specific legislation
identified in advance by CITY and approved by CITY
prior to the commencement of the 1992 Legislative
Session. }
10. Coordinate with interest groups identified and approved
in advance by CITY and prior to the commencement of the
1992 Legislative Session.
B. The scope of legal services contemplated by this
Agreement are those which arise in the normal course of
legislative representation at the regular legislative session and
excludes the performance of extraordinary or unusual services or
requests identified by CITY after the commencement of the 1992
Legislative Session. 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 - 9 2 577
A
W,
IxI.
COMPENSATION:
A. Fees. CITY shall pay a maximum of Seventy Five
Thousand Dollars ($75,000.00) annually in billable hours to
CONSULTANT per regular legislative session, 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 for expenses
incurred by CONSULTANT and its employees, agents, subcontractors
or representatives up to a maximum of Twenty Thousand Dollars
($20,000.00) annually per regular legislative session. 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. Any expenses in excess of Twenty
Thousand Dollars ($20,000.00) annually 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 STATE AND LOCAL LAWS:
Both CITY and CONSULTANT shall comply with all applicable
laws, ordinances and codes of state and local go-,vernments.
VI.
4 - 99-- 577
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 CITY.
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_thiq Agreement shall
not be utilized by CONSULTANT in respect to services provided
hereunder.
- 5 -
92- 5'77
VIll.
AWARD OF AGREEMENT:
CONSULTANT warrants that it has not employed or retained any
person employed by 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
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 or entity under its
employ 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
- 16 - 92- 577
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 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 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
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 II of this Agreement and if such representation will or
- 7 - 92- 577
91
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 benefit as
an employee of CITY.
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 Six Thousand Two Hundred
Fifty Dollars ($6,250.00) for services to be rendered during said
thirty (30) day period plus any expenses, subject to the
limitations set forth in paragraph II(B), 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,
sex, color, creed, handicap or national origin in connection with
its performance under this Agreement.
- 8 -
9.2- 577
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 CLAUSES:
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 to CITY: City of Miami
3500 Pan American Drive
Miami, Florida 33133
Attn: City Manager
- 9 - 5 2- 577
With a copy to:
CONSULTANT:
With a copy to:
City Attorney
Dupont Plaza Center
300 Biscayne Boulevard tray
Suite 300
Miami, Florida 33131
Holland & Knight
1200 Brickell Avenue
Miami, Florida 33131
Attn: W. Reeder Glass, Esq.
Mikki Canton, Esq.
Holland & Knight
P.O. Drawer 810
Tallahasee, Florida 32302
Attn: Martha W. Barrett, Esq.
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 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:
'j This Agreement and the legal relations between the parties
`i hereto shall be governed and construed in accordance with the
laws of the state of Florida.
to
_ — 677
�a
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, sentence, 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 , 1992.
ATTEST:
MATTY HIRAI
CITY CLERK
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By:
CESAR H. ODIO
CITY MANAGER
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R
CITY COMMISSION MEETING DATE: September 24,E 1952
Item 12: Professional Legislative Consultation Services
SUAREZ DE YURRE DAWKINS PLUMMER ALONSO TOTAL
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CITY COMMISSION MEETING DATE: September 24, 1992
Item 12: Professional Legislative Consultation Services
SUAREZ DE YURRE DAWKINS PLUMMER ALONSO TOTAL
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CITY COMMISSION MEETING DATE: September 24, 1952
Item 12: Professional Legislative Consultation Services
SUAREZ
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DE YURRE I DAWKINS I PLUMMER 1 ALONSO 1 TOTAL
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CITY COMMISSION MEETING DATE: gp4-smhnr 7419LEL2'
Item 12: Professional Legislative Consultation Services
61:
Item 12: Professional Legislative Consultation Services
SUAREZ DE YURRE DAWKINS PLUMMER ALONSO TOTRL.
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CITY COMMISSION MEETING DATE: September 24, 1992
Item 12: Professional Legislative Consultation Services
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CITY OF WMI FLORibA
INTEROFFICE MEMORANDUM
To Honorable'H4or and Members oATE . September 1i, 1991 F+L1 J-92-491
of the City dommission
SUBJECt Draft Resolution and Agtreement t
Professional Legislative, ConsmItation
Services
�aoM A. Quinn Jon e, III R£FEgE►vCES City Coromisaiot► Meeting
City Attotna� September 24, 1992
ENCLOSURE& C1)
The attached draft Resolution and Agrcement concerns the en$agement
of a law firm to perform Yrofessionel Legislative Consultati,oA $ervices.
As of the printing of this :Agenda, our offloa, as per your directions at
the September 10, 1992 City Commission Meeting, ;s in the process of under-
' takinE competitive negotiations. We will have specific information for you
and report some at the September 24, 1992 Meeting.
BSSt