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Home My WebLink AboutR-90-0659l8 'F ?? i 1 � soy. 659 RESOLUfiiON NO. _ � �e A REMOTION AUTHORIZING THE CITY MANAGER � TO EXECUTE . AN, AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE NATIONAL CENTER FOR, MUNICIPAL DEVELOPMENT, INC-0 TO z . CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASHINGTON, D. C. Bit MR. MARK 1SRAEL; ALLOCATING THEREFOR AN AMOUNT NOT TO EXCEED $28,800 FOR SUCH SERVICES, AND AN *- AMOUNT NOT TO EXCEED $40000 FOR REIMBURSABLE EXPENSES FROM THE LEGISLATIVE LIAISON GENERAL FUND. — a WHEREAS, the City of Miami has been utilizing the services - of the National Center for Municipal Development, Inc. since July 10,73; 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.: :7 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY. OF MIAMI, FLORIDA: SECTION 1. The City Manager is hereby authorized to execute Y z an agreement, in substantially the attached form, with the t National Center for Municipal Development, Inc., for professional rt legislative consultant services in Washington, D.C. , by Mr. Mark mt Israel. soetion -t An amount not to exceed $28t8OO is here t �s elioo t6d for Said eervioes with an additional amount not to toeed $4 0,00 i`or reie�bu Sable expenses f`POM the i,e ieleti�d 2 Liaison aeneral. Fund, Section 3. This Resolution shall become 'effective, immediately upon its adoption. A {: PASSED AND ADOPTED this yth. day of September, 1 F XAVIER L. kUPEZ- MAYOR } ATTEST — MA fY HIRAI �— CITY CLERK .l 7tt BUDGETARY REVIEW AND APPROVAL: _ N R S. RANA UD DEPARTMENT z A w�� PREPARED AND APPROVED BY: a} .HUMBERTO 0. HERNANDEZ r� ASSISTANT CITY ATTORNEY ' t� t + APPROVED AS :TO FORM AND CORRECTNESS: 'k tzr JO GE L FER ANDHZ CI Y ATTORN s era`s F.f I - nrainh�';ya;4 `k{n6e 40 '-fir C r Wv, ,a��.s` x L Y . . . . . . . . . . . . . . wi This Agreeththt entered into this day �� . _w _. a ., } 19001 by and betvbhen the City of Miami* a municipal doroorat-i of the State of Florida hereinafter referred to as "CITY'", ti the National Center for Municipal Development, Ine., hereityafte k referred to as ` * S CON t3LfiANT RECITAL: WHEREAS, the CITY is desirous of having continued representation and assistance in Washington, D.'C. on Federal 4S s programs and legislation; and WHEREAS, the CONSULTANT, represented by Mr. Mark Israel, the x 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: 4- J L. — TERM: t. The term of this agreement shall be from October 1, 1990 x t through September 30, 1991. xY�< SCOPE OF SERVICES: }g A. CONSULTANT will: 1. Provide supervision of the Washington Assistant as desired by the CITY and proportionate to the level 4'y• ;f service specified. In fulfilling his 't'eaonsibilitisk4 under this Agreement, the Washington Assistant shat1 { .>u i A act in the name of the CITY and with the title ' Washington Assistant to the Mayor, ,a ,r -�4 3. 5x � 3 �4 fUrniSh VO4Ui§itb' Off ice spade, utilities, furniihitigi� t s and, #4uipaeht, secretarial services, cottt�on�.Uae offide "° a ,. 4 A l lam.. atipplies and sorviabal general administrative suppart ^r. t at4d cotsuS.tation` with the urban' research 'staf` �► z access to those ongoing research activitiesacid, <� studies of the National 'Center for Municiisa Development, Inc., the National League of Cities,''e►rid Y44 the Ua,S. Conference of Mayors in the performance its prescribed functions under this Agreement. 5 $. Under CONSULTANT'S supervision, the Washington` Assistant shall: ; 1. Consult with the Mayor and such other personnel as . the Mayor may designate at the times and places mutually agreed to by the Mayor and the Washington Assistant on all organizational planning and program activity which has a bearing on the ability of the CITY to make the best use of Federal aid programs. ` 2. Review Federal executive proposals, legislation under - consideration, proposed and adopted administrative rules and regulations and other Washington - developments for the purpose of advising the CITY on his own 'initiative of those items which may have`a bearing on CITY policies or programs. -t 30 Secure and furnish such detailed information as'may be available on' Federal programs in which 'the' CITY indicates interest. 4. Review and comment on proposals of the CITY which are being prepared for submission to Federal agencies when ` requested to do so by the Mayor. ?' = kf1 5• Maintain liaison with the CITY's Congressional, k Delegation and assist the Delegation in any matter o,;` which the CITY determines to be in its best interest. - 4�.. in the same manner as any other member of the `CITY 's administrative staff might render assistance.£ ; t 'y' NyU'�• +' ta Y 4i ry y$ .tea V Y ! t 4 Y COUhAel with, the CITY regarding appearaneea - fir that N� C i CITY personnel before Congressional Committees- and r_ adNiN. 6tratiV6 ,&9e idies and arrange for, app6tAtMonta . and eaoommadat'lons for CITY personnel as nacessaryo �s kr • Contact Federal agencies OYl behalf br applimtions, and take whatever act ions,appear <to . hies to be required to obtain the most favorabl L: r 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. , dire'OU 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. YV 3• Perform any accounting, engineering, legal, or;other n, h jjn — similar professional services. k E. CITY shall: hd 1. Supply CONSULTANT with names of persons other.th4n thy, a Mayor authorized to request service by the.Washington 2x Assistant and the person or persons 'tp be kep� — by the As3ist4nt.; rti€1 Y S% b ; WtT Ct 3T 3 1 4 L .;des. {. r �iawra rA� , s 2a Supply AUSNAry o all PederAl programs in whieh the 7 CITY is participating and advise CONSULTANT Of any nest applications filed together with pertinent deta�is An to the substandt of such applications - Supply � F , Supply the Washington Assistant with copies of '? budgetsf planning doeuments, sand regular reports of ; s .V. the Mayor and departments, Commission. agelnda' andf' proceedings, newspaper and other materials which assists the representative in keeping himself current x_ ..z. of CITY policies and programs. <k III. COMPENSATION A. crrY 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 $4,000.00. B. Such compensation shall be paid on the following basis:.. In advance. in twelve (12) equal monthly installments of $2,400.00, .beginning October 19 19909 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 incurred on behalf of the CITY including �y attendance 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 r services under the contract. Said reimbursement 0411 not exceed the sum of $4,000.00. All long distance telephone expenses shall be borne by the CITY. The Mayor shall determine policy concern. usage. } .h -. 1 t+'i-Y✓4f3.t 445fnk'4eSv"^4u k +s#'kb9 - 1 �} �Y#�3^f C CITY Shall hake th+ right td fieview anduit thre iigfe d - - retordn and related records of CONSULTANT pertaining t p aymonts by the. CITYO a`x s OWL IANCg: WITH FRULHAL . S,TATE ANO .LOCAL LAM5 Stith -parties shall comply with all applicable laws. ordinances and,codes of fedeiral, state and local governments..., 3 T3b y 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 CONSULTANT ?s City Managerls 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 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 3 attached documents, the terms in this Agreement shall ' .:; rule.k reement D. No waiver or breach of an g y provision of this,Agreement - shall constitute a waiver of any subsequent breach of t 5t �E x={ • .;, �, rim same or an other provision hereof, and no waiver shai{ Y i, •# be effective unless made in writing. - N. i "pt� r,�...'i A ... .. - .v •.-' .. .. ; . .. : -_ ..... 1 , i'.L. , `1.�� .R t'' i'4�v'Sr_ifr=''+a — ?"Ye;�Y +•�` ti_ �y — w IJ a` xT. r, should anY prOVIBions paragraphs, sentences, Wordi1 Or � DIrases dofitained in this Agreement be determined by eoUrt Ot VOM06tdfit Jurisd.iatioin to be invalid) Ill e ai.-D ► otherwise unenforcelible under the laws of the atate off` , "AN - Florida Or the City of Miami, such ptoniisiona� � ��, , 4 paragraphs, sentence# words or phrases shall be deemed.', x n modified to the extent necessary in order to conform with. such laws, or if not modifiable to oonform with such laws, then same shall be deemed severable, and in either event; the remaining terms and provisions of thin s Agreement shall remain unmodified and in full force and aa� 'r effect. r; } rt 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 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 ry: g pursuant to this contractual relationship between CITY and CONSULTANT shall be subject to all provisions of the Public Records,Law, Chapter 119, Florida Statutes. t �i It is further understood by and between the parties that°any a= 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,Y purposes whatsoever without the written consent or CITY. A VII. NONDELEGASILITY; That the obligations undertaken by CONSULTANT pursuant tp F this Agreement shall not be delegated or any, Qth+ar person or firm unless CITY shall first consent = in wr itinr "toth `h J a,. performance or assignment of such service or any part thereof enether person or firm, j6h. may be cantered and from and &gaihst all Doers, attorneys,. des xp nsea and liabilities indufred in the defence Of h 7F}: aoh..tlisimsor in the investigation thereof, s t .A A CONSULTANTcovenants that no person under its employ a�h� �. presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interestsf direct or indirect, with CITY. CONSULTANT „4 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. H. CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code 29 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 y 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 2 benefits as an employee of CITY. r V - XV.. t r TERMINATION OF CONTRACT: 4 J� CITY retains the right to terminate this Agreement at. .any €; time prior to the completion of the services required pursuaDt.t} paragraph 11 hereof without penalty to CITY. - In that . oit, �xa� rM a-- 3 � 9 3 r r ' _: notide bf tert�inativn of this Agfeeftlent shall be in writing to SUtTahfi, who ahall be Maid for those services performed prior ' to the date of its rAdeipt of the notice of tdrffii tian. ft to ' a wave will CITY y ..CONSULTANT an aMount its eitoei e o { . Y9 t e t tai provided t this Agreements . It is hereby understood by and between CITY and C0N9ttLT t that any° paymbnt- 'made in accordance with this Seotit�fl - , CONSULTANT shill be Made only if said CONSULTANT is not 'in default under the terms of this Agreement. If CONSULTANT is it Ew, v � default, then CITY shall in no way be obligated and shall not pay }f4 �j 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 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. 4 XVIII. CONTINGENCY CLAUSE:`` Funding for this Agreement is contingent on the avail bility u( i of funds and continued authorization for program activities and":r is subject to amendment or termination due to lack of funds, Or authorization, reduction of funds, and/or change in r+egulatian'� 7`e �5 alsop# the parties hereto have trhUsed this 4� itfs rEM nti to be a*eeuted by the respective bffieials thebeutAe �7.. eEthe i e this the day and year first above written, L p kr CITY by MIAMI i a .., muftieipa Ca poratiOn. ai the state df ATi' Efi s Florida NATTY N RAI CEgAR A. ODIO City Clerk City Manager CONSULTANTs NATIONAL CENTER; FOR MUNICIPAL bEiiELC►PMBNT, ATTESTs INC. r ZCHARD 0 N O 8 COCNRAN. (Be 'I) Corporate 8e etary esident APPROVED AS TO INSURANCE APPROVED :AS TO FORM AND. REgUIREMENTSs CORRECTNB88s SEGUNDO R. PEREZ JORGE L. FERNANDEZ Insurance Coordinator City Attorney a if S yx: i ( � - C ti CITY OF MIAMI, FLOA104 r. INtaft-O PICE MEMORANDUM 'to Honorable Mayor , and Members of t ,i'. city Commission Cesar H. Odio C i j Manager y RECOMMENDATION `It is 4reap ectfully recommended that the City Commission adopt" tiie proposed Resolution <authorizing the City ;Manager..to enter into;,x.a Professional Services Agreement with the National +Canter 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 (121 equal monthly`"installments of $2; 400.00, and a maximum of $`4, 0000`0 ' for . reimbursable expenses, for a total of $32,800.00, from the.- ., Legislative Liaison General Fund. BACKGROUND The City has contracted with the National Center for Municipal Development, represented by .Mark Israel, to serve as a legislative consultant for the City inWashington, "D C. , sinoe July, _1973. The National Center for Municipal Dovelopmeilt works s closely with the National League of 'Cities, and the National Conference of Mayors. t_ The City needs to be continuously informed of the legislative and adjinistrative activities that take u place in Washington.' Center provides that valuable information through its weekl- pubication, infoahares, which contains information on current uil iseues such as u f` ga , census, community development, h"eing human services, and public safety to name a few. Infoshar st." .s !distributed to the Mayor and Commigsioners, trove. 'ar administrative staff, and various City departments on a Oeek�y basis. rk Israel maintains contact with. Dade' a Congroes$,in , Delegation, and : has arranged numerous meetings rolr City 'W41 si al with, that Ae legat ion, as well as federal department . '. bu directors, AH r