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HomeMy WebLinkAboutR-89-0512J-89-501 05/17/89 RESOLUTION NO. fi A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A14 AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, 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 $36,000 FOR SUCH SERVICES FOR A PERIOD OF FIFTEEN MONTHS, AND AN AMOUNT NOT TO EXCEED $5,000 FOR REIMBURSABLE EXPENSES FROM THE LEGISLATIVE LIAISON GENERAL FUND. WHEREAS, the City of Miami has utilized 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 and administrative 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 City Manager is hereby authorized to execute an agreement, in a form acceptable to the City Attorney, with the National Center for Municipal Development, Inc., to continue representation of the City of Miami in Washington, D.C., by Mr. Mark Israel. CITY COMMISSION MEETING OF JUN 7 1989 A No. Section 2. An amount not to exceed $36,000 is hereby allocated for said agreement for a period of fifteen months, with an additional amount not to exceed $5,000 for reimbursable expenses under said agreement from the Legislative Liaison General Fund. PASSED AND ADOPTED this 7th day of _ June CITY CLERK BUDGETARY REVIEW AND APPROVAL: ( - 11 MANOHAR S. AANA BUDGET DEPAENT PREPARED AND APPROVED BY: ROBERT F. CLERK CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 1989. -2- CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To Honorable Mayor and Members of th City Commission FROM, Cesar H. Od io City Manager RECOMMENDATION DATE : MAY 3 U` 1939 FILE SUBJECT: Mark Israel, National Center for Municipal Development, Agreement REFERENCES 19 8 9 - 9 0 ENCLOSURES Resolution; Agreement 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 $36,000.00 for personal services payable 'in fifteen (15) equal monthly installments of $2,400.00, and a maximum of $5,000.00 for reimbursable expenses, for a total of $41,000.00, 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 and bureau directors. This Agreement is for a total of fifteen (15) months,. effective July 1, 1989 through September 30, 1990, the end of. a City fiscal year. The total compensation for professional services for the fifteen months is $36,000.00, which represents an annualized increase o•f approximately $2,400.00 over the Agreements of the two previous years. There has been no increase since the 1987-88 Agreement. The increase from $4,000.00 to $5,000.00 in reimbursable expenses reflects the three additional months of the Agreement. s rI PROFESSIONAL SERVICES AGREEMENT :} This Agreement entered into this day of 1989. by and between the City of Miami. a municipal corporation of the State of Florida. hereinafter referred to as "CITY". and J the National Center for Municipal Development. Inc.. hereinafter = , referred to as "CONSULTANT". 6' 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 July 1. 1989 through September 30, 1990. 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. t 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 functidns 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. 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. 2 b. Counsel with the CITY regarding appearance, by the CITY personnel before Congre« icnal 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 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 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. 3 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 i' 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, $36.000.00. and documented out-of-pocket expenses not to exceed $5.000.00. H. Such compensation shall be paid on the following basis: In advance in fifteen (15) equal monthly installments of $2.400.00 beginning July 1, 1989, 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 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 shall not exceed the sum of $5.000.00. All long- distance telephone expenses shall be norne by the CITY. The Mayor shall determine policy concerning usage. E, 9 M e 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. e4 IV. COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS Both parties ;hall comply with all applicable laws. ordinances and codes of federal% state and local governments. am 9M R 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 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 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. # f, r 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 such laws. or if not modifiable 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 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. 6 89-"51.Z AUDIT RIGHTS: 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. XI. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs. executors, legal representatives, successors, and assigns. 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 which may 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 Agreemi nt 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 contractor:, and not agents or employees of CITY, f 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 to the date of its receipt of the notice of termination. In no 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 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. 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 r City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. I XVIII. 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. 89- 512 } XIX. DEFAULT PROVISION: In the event that CONSULTANT Fhall 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 role 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 provisijons 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. We AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 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 I City Clerk CITY OF MIAMI. a municipal Corporation of the State of Florida By: CESAR H.-ODIO S. City Manager ATTEST: CONSULTANT: NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. By: AS COCHRAN 15EA t J Corporate cretary President APPROVED AS TO INSURANCE REQUIREMENTS: GUNDOIf.—PEREZ Insurance Coordinator APPROVED AS TO FORM AND CORRECTNESS: JORGE L. ANDEZ City Attorney 11 CORPORATE RESOLUTION WHEREAS, the National Center for Municipal Development, Inc. (NCMD), desires to enter into an Agreement with the City of Miami, Florida; and WHEREAS, the Poard of Directors at a duly held corporate meeting has considered the matter in accordance with the By —Laws of the corporation: a• 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 A 01L , 1989 �'! - ito� - C'V� C I PERSON OF THE BOARD OF DIRECTORS J THOMAS COCHRAN, PRESIDENT, NCMD, Inc.