HomeMy WebLinkAboutR-91-0618J-91-747
9/3/91
RESOLUTION NO. 9 _1 Y 6 t v
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 THEREFOR AN AMOUNT NOT TO
EXCEED $28,800 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
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:
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
ATTACHMENT''
CONTAINED
MEN
CITY CONDO SIOM
MEEMG OF
SEP 11 IN
win"
91-- S 1
the National Center for Municipal Development, Inc., for
professional legislative consultant services in Washington, D.C.,
by Mr. Mark Israel.
Section 3. An amount not to exceed $28,800 is hereby
allocated for said services with an additional amount not to
exceed $4,000 for reimbursable expenses from the Legislative
Liaison General Fund.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 11th day of AepteMkpr , 1991.
XAVIER
ATTESfi :
MATTY HIRAI
CITY CLERK
BUDGETARY REVIEW AND APPROVAL:
MANOHAR A, DIRECTOR
DEPARTMENT BUDGET
PREPARED AND APPROVED BY:
I
Ali
'j CARMEN L . LEON
t< ASSISTANT CITY ATTORNEY
s: APPROVED AS TO FORM AND CORRECTNESS:
A. QUZ NN JON S, III
ACTING CIT ATTORNEY
CLL:gb:42471
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} 91 618
2 - - `-
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this _ day of , 1991,
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 represen—
tation 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 Leaislative 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 terms of this Agreement shall be from October 1, 1991
through
September 30, 1992.
SCOPE OF SERVICES:
A. CONSULTANT will:
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. 91 W 618
c 1 g l-- a. a s,
2. Furnish requisite office space, utilities, furn ishinga
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. t1nder 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. Review Federal executive proposals, legislation under
consideration, proposed and adopted administrative
rules and regulations and other Washington develop-
ments 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 Dele-
gation 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.
(2) 91- 618
6. Counsel with the CITY regardinq appearances by the CITY
personnel before Congressional Committees and admini-
strative agencies and arrange for appointments and
accommodations for CITY personnel as necessary.
7. Contact Federal agencies on behalf of CITY's appli-
cations, 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
for which payment is requested.
C. CONSULTANT shall not:
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 17. 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.
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(3)
f[7
2. Supply summary of all Federal programs in which the
CITY is participating and advise CONSULTANT on 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 assist the repre-
sentative 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, 528,800
and documented out-of-pocket expenses not to exceed 54,000.
R. Such compensation shall be paid on the following basis:
In advance in twelve (12) monthly installments of
$2,400 beginning October 1, 1991, plus documented
out-of-pocket expenses. Payments 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 the
CITY for the month preceding the month for which payment is
requested.
CITY shall reimburse CONSULTANT for: (1) all travel
expenses incurred on behalf of the CITY including atten-
dance at any conferences attended by the Washington
Assistant in or outside Washington, D.C., at the request
of the CITY; (2) all other expenses incurred within
Washington, D.C., necessary for the performance of
rk
services under the contract. Said reimbursement shall
not exceed the sum of $4,000.00.
All long distance telephone expenses shall be borne by
'
the CITY. The Mayor shall determine policy concerning
usage.
'
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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.
V.
GENERAL CONDITIONS
A. All notices or other communications which shall or may be
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 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, whichever is
earlier.
CITY OF MIAMI
City Manager's Office
3500 Pan American Drive
Miami, FL 33133
CONSULTANT
National Center for
Municipal Development, Inc.
1620 Eye Street, NW
Suite 300
Washington, DC 20006
B. 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.
(5) 91-- 618
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, para-
graphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order 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.
VI.
OWNERSHIP OF DOCUMENTS
All documents developed by CONSULTANT under this Agreement shall
be delivered to CITY by said CONSULTANT upon completion of the
services reouired pursuant to paragraph II hereof and shall become
the property of CITY, without restriction or limitation on its use.
CONSULTANT acrrees 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 to 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.
91--- 618
(6)
VIll.
AUDIT RIGHTS:
CITY reserves the right to audit th records of CONSULTANT at any
time during the performance of this Aqreement 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.
XI.
SUCCESSORS AND ASSIGNS:
{
This Agreement shall be binding upon the parties
herein, their
i
heirs, executors, legal representatives, successors,
and assigns.
XII.
3
a
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
A.
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, judgements, or decrees
which may
be entered and from and against all costs, attorney's
fees, expenses
'
and liabilities incurred in the defense of any such
claims, or in the
=r
investigation thereof.
'
as
91-- 618
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( 7 )
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 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.
XIV.
INDEPENDENT CONTRACTOR:
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 Worker's 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 paragraph
II hereof without penalty to CITY. In that even notice of
termination of this Agreement, shall be in writing to CONSULTANT, who
shall be paid for those services performed prior to the date of its
91-- 618
( 8 )
receipt of the notice of termination. In no case, however, will
CITY pay CONSULTANT in an amount in excess of the total sum provided
by this Agreement.
It is hereby understood by and between CITY and CONSULTANT 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 he obligated and shall not pay to CONSULTANT any sum whatsoever.
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
by reason of his/her race, sex, color, creed, national origin, or
handicap, be excluded from the participation in, be denied benefits
of, or be subjected to discrimination 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.
f
XVIII.
CONTINGENCY CLAUSE:
Funding for this
Agreement is contingent
on the availability of
;E
)
funds and continued
authorization for program
and activities and is
,5
;f
subject to amendment
or termination due to lack
of funds, or authori-
zation, reduction of
funds, and/or change in
regulations.
91_- 618
}
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( 9 )
XIX.
DEFAULT PROVISION:
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
provision herein contained, shall be forthwith returned to CITY.
Xy.
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.
91. -- 618
(10)
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto duly
authorized, this the day and year first above written.
ATTEST:
MATTY HIRAIYY
City Clerk
ATTEST:
X//_
RICHARD C. JO NSON
Corporate Secretary
APPROVED AS TO INSURANCE.
REOUIREMENTS:
SEGUNDO R PEREZ
Insuran Coord'nator
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
CESAR H. ODIO _ +
City Manager
CONSULTANT: NATIONAL CENTER
FOR MUNICIPAL DEVELOPMENT,
INC.
T OMAS COCHRAN (Seal)
esident
APPROVED AS TO FORM AND
CORRECTNESS:
91-- 618
CORPORATE RESOLUTION
WHEREAS, the National Center for Municipal Development, Inc.,
(NCMD), desires to enter into an Agreement with the Pity 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 17th day of June , 1991
/� it � j •,
SECRETARY TREA$bRER, NCMD, INC.
Richard C. Joynson
A RPERSON�OF THE BOARD OF DIRECTORS
Thomas Cochran, PRESIDENT, NCMD, Inc.
91- 618
CITY OF MIAMI, FLORIDA 01 CA=16
INTER -OFFICE MEMORANDUM
To Honors le Mayor and Members
oft City Commission
FROM Cesar H. Odio
City Manager
RECOMMENDATION
DATE . A�1 231991 FILE
SUBJECT Mark Israel, National
Center for Municipal
Development, Agreement
REFERENCES . 9 9 1- 9 2
ENCLOSURES.
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 $4,000.00 for
reimbursable expenses, for a total of $32,800.00, 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, census, community development, housing,
human services, and public safety to name a few. Infoshares is
distributed to the Mayor and Commissioners, the City's
administrative staff, and various City departments on a weekly
basis. 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 11 1991 through September 30, 1992. The total
compensation for professional services is $28,800.00, with an
additional $4,000.00 allocated for reimbursable expenses. There
is no increase for either professional services or reimbursable
expenses over the last two fiscal years.
C#/ (,O --- I
91- 618