HomeMy WebLinkAboutR-88-0142J-88-137
2/8/88
2/26/88
(M 88-88
1/14/88)
RESOLUTION NO. 8113-142
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM WITH THE LAW FIRM OF HOLLAND
AND KNIGHT, P.A., FOR A TERM FROM JANUARY 1,
1988 TO SEPTEMBER 30, 1989 FOR PROFESSIONAL
LEGISLATIVE CONSULTANT SERVICES; ALLOCATING
THEREFOR AN AMOUNT NOT TO EXCEED $218,750.00
FOR SUCH SERVICES, AND AN AMOUNT NOT TO
EXCEED $43,750.00 FOR REIMBURSABLE EXPENSES
FROM THE LEGISLATIVE LIAISON GENERAL FUND.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to execute
an agreement, in substantially the attached form with the law
firm of Holland and Knight, for professional legislative
consultant services on behalf of the City for a term from
January 1, 1988 to September 30, 1989.
Section 2. An amount not to exceed $218,750.00 is hereby
allocated for said agreement together with an additional amount
not to exceed $43#750.00 for reimbursable expenses from the
Legislative Liaison General Fund.
PASSED AND ADOPTED this 18th day of February , 1988.
ATT T:
liwt.�.•
RATTY HIRAI XAVIER L. SUARM MAYOR
City Clerk
FINANCIAL REVIEW:
CARLOS GARCIA, Director
Finance Department
PREPARED AND APPROVED BY:
OHN J. COPELAN
Deputy City Attorney
JJC/wpc/ebg/pb/M618
BUDGETARY REVIEW:
FRANK R. MAY, Acting Director
Management & Budget Department
APPROVED TO FORM
AND COWEQTNESS :
"0 L^:W%s
City Attorney
CITY COMMISSION
MEETING OF
.,... jot FI^ss•S FEB IS 1988
88-1421
RESOLUTION No.
Iri .r ..,.diri•4 REMARKS:
i
r FIN
PROFESSIONAL SERVICES AGREEMENT
i
This Agreement entered into this day of ,
19i, by and between the City of Miami, a municipal corporation
of the State of Florida, hereinafter referred to as "CITY", and
Holland and Knight, hereinafter referred to as "CONSULTANT."
RECITAL:
WHEREAS, the City Commission on . 19_
passed Resolution (the "Resolution") authorizing and
directing the City Manager to enter into an agreement with
CONSULTANT to retain CONSULTANT as a special lobbyist in
Tallahassee and Washington, D.C., in connection with matters
_ concerning the CITY; and
WHEREAS, the Florida Legislature is and will continue to be
considering important legislation that could affect the CITY in
the areas of housing, economic redevelopment, revenue
distribution, living conditions, taxation and other similar areas
and issues affecting the CITY; and
WHEREAS, CONSULTANT has special capabilities and knowledge
regarding the needs of CITY; and
WHEREAS, CONSULTANT desires to perform the lobbying services
required by CITY; and
WHEREAS, the City Manager and CONSULTANT have reached an
agreement to provide said services.
NOW, THEREFORE in consideration of the mutual covenants and
obligations herein contained, and subject to the terms and
conditions hereinafter stated, the parties hereto understand and
agree as follows:
TERM:
The term of this Agreement shall be from January 11, 1988
through 12:00 p.m., September 30, 1989.
F38-142
Fes`
it.
SCOPE OP SERVICES:
During the term of this Agreement and as requested or
directed by CITY through the Mayor, the City Manager or
representatives specifically designated by them to deal with
CONSULTANT concerning portions of its services hereunder,
CONSULTANT shall provide the following services to CITY:
a. Maintain liaison with the CITY's congressional and
legislative delegations and assist the delegations in
those matters which the CITY determines to be in its
best interest.
b. Periodically monitor various legislative or
administrative issues at the federal and state levels
and regularly report to CITY on significant legislative
or administrative changes in either writing or by
phone.
c. Advise and consult with CITY officials on legislative
strategies and tactics, and assist the CITY to
implement such strategies.
d. Under the direction of the City Manager or his
designee, and in cooperation with the City Commission,
assist CITY in the development of legislative issues
that CITY needs to prepare for presentation to both the
federal and state legislatures.
e. As and when requested, serve as the liaison with the
Florida governor, cabinet and state agencies as well as
with the White House, administration and federal agency
officials to provide effective representation to the
CITY.
f. On request, assist the CITY's legal department in
connection with legal services, or related to matters
on which CONSULTANT is providing services hereunder.
g. Furnish the CITY in December 1988 and September 1989
with a written report summarizing activities undertaken
on behalf of the CITY for the preceding months.
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88-142
COMPENSATION:
CITY shall pay Two Hundred Eighteen Thousand Seven Hundred
and Fifty Dollars ($218,750.00), to CONSULTANT, as consideration
for CONSULTANT's services hereunder. Said consideration shall be
paid in advance to CONSULTANT in equal monthly installments
beginning January 1, 1988. Payment shall be made by the CITY
upon receipt of monthly invoices from CONSULTANT.
CITY shall reimburse CONSULTANT for its expenses incurred by
CONSULTANT and its employees, agents, subcontractors or
representatives up to a maximum of Forty -Three Thousand Seven
Hundred and Fifty Dollars ($43,750.00). All such expenses shall
_ be approved by the City Manager or his designee and shall be
billed monthly on separate invoices and accompanied by receipts
where applicable. Any expenses in excess of Forty -Three Thousand
Seven Hundred and Fifty Dollars ($43,750.00) will be the sole
responsibility of the CONSULTANT.
IV.
AUDIT RIGHTS:
Through the term hereof and for one (1) year thereafter,
CITY shall have the right to review and audit the time, cost and
expense records of CONSULTANT pertaining to services hereunder.
V.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both CITY and CONSULTANT shall comply with all applicable
laws, ordinances and codes of federal, state and local
governments.
VI.
OWNERSHIP OF DOCUMENTS:
A. All formal documents (including personal notes and
similar materials) developed by CONSULTANT under this Agreement
shall be delivered to CITY by said CONSULTANT upon completion of
.:i
Al -3- �38-142
services and shall become the property of CITY, without
restriction or limitation on their 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.
B. 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:
The substantive obligations undertaken by CONSULTANT
pursuant to this Agreement shall only be delegated to other
persons or firms not regularly associated with CONSULTANT upon
the prior consent of the CITY provided that nothing herein shall
preclude CONSULTANT, without prior written CITY approval, from
seeking the advice or assistance of others, at CONSULTANT's own
expense, so long as such persons do not have authority to
represent that they are acting on behalf of the CITY. It is
contemplated the CONSULTANT will utilize Julio Gonzalez-Rebull,
Sr., Dr. Pedro Roig, John Hall and Humberto Cortina to assist in
its representation of the CITY.
VI
AWARD OF AGREEMENT:
CONSULTANT warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this Agreement
1'
—jj and that it has not offered to pay, paid, or agreed to pay any
1'
1:
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.
- a- F38-142
I
IX.
INDEMNIFICATION:
CONSULTANT shall indemnify, defend and save CITY, its
officers, employees and agents harmless from and against any and
all claims, liabilities, losses, and causes of action which may
arise out of CONSULTANT's negligent act or omission or willful
misconduct under this Agreement, including any person or entity
acting for or on its behalf, and, from and against any orders,
judgments, or decrees which may be entered as a result of such
acts of CONSULTANT and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof.
X.
CONFLICT OF INTEREST:
A. CONSULTANT covenants that no person or entity under its
I employ who presently exercises any functions or responsibilities
_i
_ in connection with this Agreement has any personal financial
interests, direct or indirect, with CITY. CONSULTANT further
covenants that, in the performance of this Agreement, no person
or entity having such conflicting interest shall be utilized in
respect to services provided hereunder. Any such conflict of
interest(s) on the part of CONSULTANT, its employees or
associated persons, or entities must be disclosed in writing to
CITY.
B. CONSULTANT is aware of the conflict of interest laws of
the City of Miami (City of Miami Code Chapter 2, Article V), Dade
County, Florida (Dade County Code Section 2-11.1) and the State
of Florida, and agrees that it shall fully comply in all respects
with the terms of said laws and any future amendments thereto.
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88-142
XI.
INDEPENDENT CONTRACTOR:
CONSULTANT, its employees and agents shall be deemed to be
independent contractors, and not agents or employees of CITY, and
shall not attain any rights or benefits under the Civil Service
or Pension Ordinances of CITY, or any rights generally afforded
classified or unclassified employees; further it shall not be
deemed entitled to the Florida workers' Compensation benefits as
an employee of CITY.
XII.
TERMINATION OF CONTRACT:
CITY retains the right to terminate this Agreement with or
without cause at any time prior to the completion of the services
required pursuant to paragraph II hereof without penalty to CITY.
In that event, CITY shall give thirty (30) days written notice of
termination of this Agreement to CONSULTANT, and CONSULTANT shall
receive Ten Thousand Four Hundred Sixteen Dollars 67/100
($10,416.67) for services to be rendered during said thirty (30)
day period plus any expenses as provided in paragraph III which
are incurred and unpaid at the time of notice. CONSULTANT shall
be entitled to no other fees or compensation.
XIII.
NONDISCRIMINATION:
CONSULTANT agrees that it shall not discriminate as to race,
sex, color, creed, handicap or national origin in connection with
its performance under this Agreement.
XIV.
MINORITY PROCUREMENT COMPLIANCE:
_z
j CONSULTANT acknowledges that it has been furnished a copy of
j 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.
_6_ f38-142
XV.
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.
XVI.
WAIVERS AND AMENDMENTS:
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
XX V�:.
NOTICES:
All notices, requests, demands and other communications
which are required or may be given under this Agreement shall be
in writing and shall be deemed to have been duly given if
delivered personally or sent by registered or certified mail,
return receipt requested, postage prepaid:
If to CITY: City of Miami
3500 Pan American Drive
Miami, Florida 33133
Attn: City Manager
With a copy to: City Attorney
Miami, Florida
If to CONSULTANT: Holland and Knight, P.A.
1200 Brickell Avenue
Miami, Florida 33131
Attn: W. Reeder Glass, Esquire
Martha Barnett, Esquire
or to such other address as any party shall have specified by
Notice in writing to the other.
XV_
ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement among the
parties hereto with respect to the subject matter hereof.
-7- F38-142
XIX.
BINDING EFFECT; BENEFITS:
This Agreement shall inure to the benefit of and be binding
upon the parties hereto and their respective successors; nothing
in this Agreement, expressed or implied, is intended to confer on
any other person other than the parties hereto, or their
respective successors, any rights, remedies, obligations or
liabilities under or by reason of this Agreement.
XX.
APPLICABLE LAW:
This Agreement and the legal relations between the parties
hereto shall be governed and construed in accordance with the
laws of the state of Florida.
XXI.
SECTION AND OTHER HEADINGS:
The section and other headings contained in this Agreement
are for reference purposes only and shall not affect the meaning
or interpretation of this Agreement.
XX_
SEVERABILITY:
Should any paragraphs, sentences, words or phrases contained
in this Agreement be determined by a court of competent
jurisdiction to be invalid, illegal or otherwise unenforceable
under the laws of the State of Florida or of the City of Miami,
such provisions, paragraphs, sentence, words or phrases shall be
deemed modified to the extent necessary in order to conform with
such laws, or if not modified to conform with such laws, then
r same shall be deemed severable, and in either event, the
remaining terms and provisions of this Agreement shall remain
unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
-� -s- 138-i42
40%4".
duly authorized, this day of , 1988.
ATTEST:
MATTY HIRAI
City Clerk
WITNESSES:
APPROVED AS TO INSURANCE
REQUIREMENTS:
Claims D Vision
JJC/wpc/pb/ebg/Ml03
2/26/88 2:30 p.m.
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By
CESAR H. ODIO
City Manager
CONSULTANT:
HOLLAND AND KNIGHT
By
Partner
(Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
LUCIA A. DOUGHERTY
City Attorney
-9- f3 a-142
r
PARTNBRSaIP RBSOLOTION
WHEREAS, HOLLAND AND KNIGHT,, has submitted a proposal on
consulting services and the City has accepted such proposal. A
copy of said proposal is attached hereto as Exhibit "A"; and
WHEREAS, Holland and Knight, has examined terms, conditions
and obligations of the proposed contract with the City of Miami
for consulting services, a portion of which has been rendered
prior hereto; and
WHEREAS, Holland and Knight has considered the matter in
accordance with the by laws of the partnership;
NOW, THEREFORE, BE IT RESOLVED BY Holland and Knight, that
a Partner is hereby authorized and
instructed to enter into a contract in the name of and on behalf
of this partnership with the City of Miami for consulting for the
City of Miami, and for the price and upon the terms and payments
contained in the proposed contract submitted by the City of
Miami.
IN WITNESS WHEREOF, this day of , 19_.
HOLLAND AND KNIGHT
WITNESSES:
JJC/wpc/pb/ebg/Ml03
2/26/88 2:30 p.m.
By:
(Seal)
-10-
i38-142
r
PAt IEMHIP RESOLMON
WHEREAS, HOLLAND AND KNIGHT,, has submitted a proposal on
consulting services and the City has accepted such proposal. A
copy of said proposal is attached hereto as Exhibit "A"; and
WHEREAS, Holland and Knight, has examined terms, conditions
and obligations of the proposed contract with the City of Miami
for consulting services, a portion of which has been rendered
prior hereto; and
WHEREAS, Holland and Knight has considered the matter in
accordance with the by laws of the partnership;
NOW, THEREFORE, BE IT RESOLVED BY Holland and Knight, that
a Partner is hereby authorized and
instructed to enter into a contract in the name of and on behalf
of this partnership with the City of Miami for consulting for the
City of Miami, and for the price and upon the terms and payments
contained in the proposed contract submitted by the City of
Miami.
IN WITNESS WHEREOF, this day of , 19�_.
HOLLAND AND KNIGHT
WITNESSES:
JJC/wpc/pb/ebg/M103
2/26/88 2:30 p.m.
By•
(Seal)
-10-
F38-142
CITY OF MIAMI. FLORIDA
INTER-OFFICE MEMORANDUM
Honorable Mayor and Members DATE:
of the City Commission
susJECT
-ROM Lucia A. Dougherty REFERENCES:
City Attorney
ENCLOSURES.
February 8, 1988 ICE:
Holland and Knight Lobbying
Agreement, 1988
It is respectfully recommended that the City Commission
adopt the proposed Resolution formally authorizing the City
Manager to enter into a Professional Services Agreement, in
substantially the attached form, for a term of one year with
Holland and Knight to serve as legislative consultants in
Tallahassee and Washington, D.C., and allocating $125,000.00 for
services and a maximum of $25,000.00 for reimbursable expenses,
for a total of $150,000.00 from the Legislative Liaison General
Fund.
The City Commission on January 14, 1988 adopted Motion 88-88
expressing its approval of entering into an agreement with the
law firm of Holland and Knight to act as legislative consultants
for the City in Tallahassee and Washington, D.C. The firm will
represent the City at the" state and federal level on all
legislative issues, including housing, economic development,
revenue distribution, and taxation. The Agreement, if approved,
will be effective through December 31, 1988.
JJC/wpc/ebg/P022
89-142