HomeMy WebLinkAboutR-88-0503J-88�525
05/31/88
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, 114 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 $25.000 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, Inn., 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.i
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.
ATE' acre-.,� C
I CITY OC MMISSION
I MEETING OF
JUN 9 1988
RESOLUTION No. 0
AMARKS:
Seotion 2, An amount not to exceed $25,000 is hereby
allocated for said agreement together with an additional amount
not to exeeed $4, 000 for reimbursable expenses under- said
agreement from the Legislative Liaison General Fund
PASSED AND ADOPTED this 9th day of _____June _ 1988,
XAVIER L. S A EZ
MAYOR
ATTEST:
MATTY HIRAI
CITY CLERK
BUDGETARY REVIEW AND APPROVAL:
MAN HAR SURANA
DIRECTOR, DEPARTMENT OF
MANAGEMENT AND BUDGET
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JOR E L. FERN NDEZ
CITY ATTOR"
-2- 88^-503
PROP ' SSIONAL $ RV IC8S AG_REEM,EWT
this Agreetheht entered into this day of
19884 by and between the CITY OF MIAMI, a municipal corporati"on
of bade County 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
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 provided said services as part of the
Man in Washington Program since 1973; 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:
I.
TERM;
The term of this agreement shall be from July 1, 1988
through June 30, 1989.
II.
SCOPE OF SERVICES
A. CONSULTANT shall:
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.
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2: furnish requisite offir-e space+ utilities, furnishings
and equipment, tenretarf a) sew lvec-
supplies and services, general administrative Support
and consultation with the urban research staff and
access to these ongoing research activities and
studies of the National Center for Municipal
Development. inn, . 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 supe~vision, 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 matte. -
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.
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'6, Counsel with the r*ITY regar ding appear anises by the
CITY personnel before Congressional f:offimittees and
adfhi hi strative agencies and arrange P*-& appointments
and accommodations for CITY personnel as ner.essary,
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 or 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 88-503
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
assists the representative in keeping himself current
of CITY policies and programs.
COMPENSATION
A. CITY shall pay consultant, as maximum compensation for
the services pursuant to Paragraph II hereof. TWENTY-FIVE
THOUSAND DOLLARS A14D NO CENTS ($25.000.00)
B. Such compensation shall be paid in advance in twelve (12)
equal monthly installments of TWO THOUSAND EIGHTY-THREE
DOLLARS AND THIRTY-THREE BENTS ($2,083.33). 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
Assistantinor outside Washington, D. C., at the request
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 FOUR THOUSAND DOLLARS AND NO CENTS
($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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88-503
t. The CITY shall have the Night to review and audit the
tithe records and related recot-ds of CONSULTANT pertaining
to any payments by the rITY.
IV.
COMPLIANc`E_WITH_ FETEPAL STATE, AND_ LOr-AL 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
maid 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 dateof 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.
5
SS--503
L, Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be deterthihed by a
tour t of Compete`•lt jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of
Florida or the City of Miami, surh provisions,
paragraphs4 sentence, words or phrases shall be deemed
modified to the extent necessary in order to conform with
such laws. or if not modifiable to nonfortn 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 contractualrelationship 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
per fo;-mance or assignment of such service or any part thereof by
another person or firm,
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88-503
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of,
Vill.
AU.bIT_ iiIHTS
CITY 'reset~ves the right to audit the J-er:ords of CONSULTANT
at any tifte duaing the perfo.—mange 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. o.- 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 la4s of the State of Florida.
X1.
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
7 88-503
C V
whach thay be entered and from and against all costs, attorneys{
fees, ekpenses and liabilities ineu=red in the defense of any
such claims, o". in the investigation the::~eof.
CONFLICT Or INiERES:
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
f ut^ther 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 nonflict 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 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,
8 88�-50,
notirP of te;tninatioh cif this WeeMent shall be its waiting to
CONSULTANT, who shall be paid for those services performed prior
to the date or its receipt of the notice of terminatirn, In no
ease, 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.
`s
NONDISCRIMINATION:
CONSULTANT agrees that it shall not discriminate as to race.
i
sex. color, creed. .national origin, or handicap in connection
i
with its performance under, this Agreement.
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
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.
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XIXA
nEF AULT 'PROVISION,
In the event that CONSULTANT shall rail to comply with each
and every tent► 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 te. CONSULTANT may
cannel 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 AGREEME14T
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
tc the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forthin this
Agreement are of no force or effect
XXI
AME14DME14TS:
No amendments to this Agreement shall be binding on either
party unless in writing and signed by 'both parties.
10 88_503
IN WITNESS WHEPEOP4 the parties hereto have 6.Mittsd thit
ihst',',Ufheht to ue exenuueu by the fe6peoLive LheteUhtO
duly authorited, thit day and yeas- first above w"kitteh,
CITY OF MIAMI► a municipal
Cc-poration of the State of
ATTEST:
By, -------
CESAR- I 35M
CITY CLERK CITY MANAGER
ATTEST: CONSULTANT: NATIONAL CENTEk
FOR MUNICIPAL DE LOPMENT, INC.
By:
RIWARD IC.,,JOHNSON ALAN BrAL?' (S'EAL)
CORPORATE SECRF'TARY PRESIDENT
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
CORRECTNESS:
INSURANCE MANAGER JORGE L. FERNANDEZ
CITY ATTORNEY
11
1313-503
} i`h�?�l1bhT�" bfrCnt it'Tfir11J
WHEREAS. the National Cente:= for Municipal Developthent.
Inc.. desires to enter into an Agreement with the City of Miathi.
Flo-ida; and
WHEREAS. the Board of Directors at a duly held corporate
meeting has considered the matter in accordance with the Sy -Laws
of the corporation:
NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF DIRECTORS
j 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 �% 1988
CHAIRPERSON OF THE BOARD OF DIRECTORS
ALAN BEALS, PRESIDENT, NCMD, Inc.
S C ETARY/TREASURER,NC D, INC.
Richard C. Johnson /
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TO
FROM
CITY 00' MIAMI. IrLORIDA
INTIER•oPPICE MEMORANbUM
Honorable Mayor and Members
of the City Commission
6
Cesar H. Odio VI
City Manager
RECOMMENDATION
DATE! MAY S 1988 BILE:
SUBJECT. Mark Israel, National
Center for Municipal
Development, Agreement
REFERENCES 19 8 8 - 8 9
ENCLOSURES Resolution; Agreement
It is respectfully recommended that the City Cotmission 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
$25,000.00 for personal services payable in 12 equal monthly
installments of $2, 083. 33, and a maximum of $4. 000.00 for
documented reimbursable expenses, for a total of $29,000.00, 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 the 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.
Mark Israel maintains contact with Dade's Congressional
Delegation, and has made arrangements for City officials to meet
with members of that Delegation, as well as with Federal
department and bureau directors..
The total compensation of $29,000.00 remains the same as in the
1987-88 agreement. The agreement is effective July 1, 1988
through June 30, 1989.
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RROF SSIONAL -SFRV to _A.rnut"41
This Ag 'eetnent entered into this day of y
i9 $, by and between the rITY OF MIAMI. a municipal ool,'Wat on
of Dade County Flo&'ida, hereinafter referred to at "CITY", and
the National Center for Municipal DevelopMelt. Inc.. hereinafter
referred to as "CONSULTANT".
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 fir. dark Israel. the
Washington Assistant, has provided said services as part of the
Man in Washington Program since 1973; and
WHEREAS. funds are available in the Legislative Lialso-N
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:
I.
TERM:
The term of this agreement shall be from July 1, 1988
through June 30, 1989.
-
SCOPE OF SERVICES:
A. CONSULTANT shall:
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 thi's Agr eement, the Washington Assistant; shall
ant in the name of the CITY and with the title of
Washington Assistant to the Mayor.
98-5032
Furnish requisite office space, utilities, furnishings
and equipment, Se6retarial servi6es, common -use office
supplies and services, general administrative support
and dohsultation 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 CONSULTANV 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 tc 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 uae.'If Federal aid pry_grams.
2. .Review Federal executive proposals. legislation under
consideration. proposed and adopted administrative
rules ar,d regulations and other Washington
developments for the purpose of advising the CITY on
his awn 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 3
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6' Counsel with the CITY regarding appear6h6es by the
t ! 1 Ne, vu:,ei urCi v; a Congressional Committees and
adtnihistrative 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.
r,, 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.
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88-50 3.
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supply suMfnauy of all i=ede:"al progf-aMS in which the
CITY is partidipatifig and advise CONSULTANT of ahy new
applications filed together with pe~tinent details as
t4 the substance of such applications.
i Supply the Washington Assistant with copies of
budgets, planning documents, and regular reports of
the Mayo-. and depa:.tment54 Commission agenda and
proneedings; newspaper and other materials which
assists the representative in keeping himself current
of CITY policies and programs.
III.
COMPENSATION
A. CITY shall pay consultant, as maximum compensation for
the services pursuant to Paragraph II hereof. TWENTY-FIVE
THOUSAND DOLLARS AND NO CENTS ($25.000.00)
$. Such co;npensation shall be paid -i d 1. a Va„C�: ire �wc'i'vc (c/
equal monthly installments of TWO THOUSAND EIGHTY-THREE_
DOLLARS AND THIRTY-THREE CENTS ($2.083•33). 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
services under the contract. Said reimbursement shall not,
exceed the sum of _FOUR THOUSAND DOLLARS AND NO CENTS'
($4,000,00).
All long distance telephone expenses shall be borne by,
the CITY, ;The Mayor shall determine policy concerning
usage,
T
f3R-503. S
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C, The CITY shall have the right to review and audit the
tine records and t-elated records of CONSULTANT pertaining
to any payments by the rITY.
tV.
�DMLtANE._ WITH__EbLAL,. STAfiE_. AND LOCAL LAWS
$oth 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
i
given pursuant to this Agreement shall be in writing and
shall be delivered by personal service, by registered
mail addressed to the other party at the addresses
!; indicated herein or as the same may, be changed from time
1
4' to time. Such notice shall be deemed given on the day on
which personally served: or, if by mail, on the fifth day
f.
i
after, being posted or the date of actual receipt,
#; whichever is earlier.
CITY OF Mi"'MI 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
t
r,
t
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
:a
attached documents, the terms in this Agreement shall
j rude.
D. No waiver o; breach of any provision of this Agreement
shall aonstitote 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
9g-
503
t. Should any PruvisiOns, paragraphs, sentehces, words or
phrases cohtaihed in this Agreement be dete*tiined 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 deeded
modified to the extent necessary in order to conform with
such laws, or if not modifiable to conform with Sue h
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.
0
'IS-503. 7
lb
lJ
AU6tT RIGHTS,
CITY reserves the fight to - audit the reoords of CONSULTANT
at any time during the pe-. f6rtatioe of this Agreemeht and for a
period of one yeair after final payment it trade under this
Agreement..
IX.
AWARD OF AGREEMENT:
CONSULTANT warrants that ithasnot employed of 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 payany.
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 lags of the State of Florida.
XI.
SUCCESSORS AND ASSIGNS:
This Agreement -shall be binding ' upo,n 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 CONSULTANTS' activities under this'.
Agreement, 'including all 'other acts or omissions to 'act on the
part of CONSULTANT, including any person - aoting for or on its
behalf, and, from and against any orders. judgments, or decrees
7
q, S-5►03,
ill
whi6h tay be entered and from and against all costs, 6tt6ahey5�
fees, expenses and liabilities incurred in the defense Of any
such t'laiCn5, o" 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 rITY.,
B. CONSULTANT is aware of the conflict of interest laws of the
rit r Mi"mi (Cit, -f. Miami Code 2. Article V), Dade County
Florida (Dade County Code Section 2-1 1 . 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 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 11 hereof without penalty to CITY, In that event,
E
I
0
ndti?%e, Of te-.Mihatioh Of this Agteernont shall be in W-.itihg t6
CONSULTANT. who Shall be paid foli-, those services perforlfhed 04-i6f'
to the date Or its receipt of the notice of termination. In no
ease, however, will CITY pay CONSULTANT an amount in eXneS9 Of
the total Sum provided by this Agreement.
it is heileby 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.
5ex, colcr, creed, national origin, or handicap in connection.
with its performance under this Agreement.
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 contingeint'on the.avai.lability
of funds and continued authorization for program activities and
is subjent.to amendment or termination.due to lack of funds, or
authorization, reduction of funds, and/or chang
e in regulation5.
XIXI
m
Ll
L 71
IN WITNESS WHMOPi the PA44'tiet hd-keto have 69us@d thit
ifittl"UmOnt to be exer-uted by the regpe6tivc- drri6ialt thertunto
duly &Uthdri2edi thin day and y4aliA fittt abOVe Writteb-
CITY OF MIAMI. a mumidipal
Corpo-ation of the State of
ATTEST: Florida
AITTY Hlgx-!- By. MAN R: 0516-
CITY CLERK CITY MANAGER
ATTEST: CONSULTANT: NATIONAL CENTEk
FOR MUNICIPAL MENT, INC.
By:
RI HARD t.\JOHNSON ALAN SEALS FL
CORPORATE SECRF`TARY PRESIDENT
0 6
6
ON
WHEREAS. the National tenter for MunirIiPbl DevOlOPMent,
lbt., desires to enter into an Agreement with the City Or .Miami
Florida; and
WHEREAS, the Board of Directors at a duly held corporate
meeting hat considered the matter in accordance with the Sy -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 day of 1988
C2
CHAIRPERSON OF THE BOARD OF DIRECTORS
ALAN BEALS, PRESIDENT, NCMD, Inc.
_v�CETARY/TREASURER,.NCMD, INC.
Richard C. Johnson
98-503. 13