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HomeMy WebLinkAboutR-87-0771J=87-605 ` 6/25/81 RESOLUTION NO, 137'!7 171, A RESOLUTION AUTHORIZING THE CITY MANAGER 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. MARL{ ISRAEL; ALLOCATING THEREFOR AN AMOUNT NOT TO EXr,EEn $25,000 FOR SUCH SERVICES, AND AN AMOU' NOT TO EXCEED $14, 000 FOR REIMBURSABL ?XPENSES FROM THE LEGISLATIVE LIAISON GEN kL FUND. WHEREAS, the City of Miami has been utilizing the services of the National Center for Municipal Development, Inc. since July, 1973; and WHEREAS, the National Center for Municipal Development, Inc. works closely with the National League of Cities; and WHEREAS, the City of Miami is a member of the National League of Cities; and WHEREAS, the City of Miami needs to be informed on a regular basis of the legislative activities that take place it1 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 j OF MIAMI, FLORIDA: SECTION 1. The City Manager is hereby authorized to execute i i 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 COAZMISSIO�lT MEETING OF SEP $$� 1987 IRESOLUTIUN No. _8_* 71U r Section 2. An amount net to exceed $25,000 is hereby allocated for said agreement together with an additional amount net to exceed $4,000 for reimbursable expenses Under said agreement from the Legislative Liaison General Fund. PASSED AIJD ADOPTED this $th day t)_. of Se tem r , 1987=-� ATTES MAT"TY HIRAI CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY MAYOR FINANCIAL REVIEW: CARLOS GARCftfi. DIRECTOR FINANCE DEP TMENT APPROV AS TO FORM AND CORR .TH_ESS: /-J LU .IA A. DO CITY ATTORN HERTY BUDGETARY REVIEW: MANdO R NA, DIRECTOR MANAGEME & BUDGET 87r711 Cl"0 C . 10 OP N IAMI, MARIOA 1WTtI114 ICIt MItWIGAANDUM Honorable Mayor and Members of the City Commission 60...f Cesar H. Odio City Manager RECOMMENDATION 50t. JUN 3 � lee? ftL sutwtatt National: Center for Municipal Development, Mark Israel, Agreement NVORwerag 19 87- 8 8 tNe1.66u*", 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, represeri ed 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 $29083.33, and a maximum of $49000.00 for 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 i.n Washington, D.C. since July, 1973• The National Center for Municipal Development works closely with the National League of Cities, of which the City is a member. The City needs to be continuously informed on a regular basis of the legislative and administrative activities that take place in Washington. The Center provides that valuable information. 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 heads. The Center has requested an increase of $5,000.00 in professional services, the first such increase since 1985. There is no increase in reimbursable expenses. The Agreement is effective July 1, 1.987 through June 30, 1988. ia- 871--''7'a 1 PRIM= 00NAL SERyless AORtEMEVt �,TW Agreement entered into this day of NOMMONOMMONAMI 19870 by and between the CITY OF MIAMI, a municipal onrporation of bade County Florida, hereinafter referred to as "CITYY", and the National Center for Municipal Developetent, Ina., hereinafter referred to as "CONSULTANT". RECITAL: WHEREAS$ the CITY is desirous of having continued representation and assistance in Washington, D.C. on Federal progr2T4 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 terns and conditions hereinafter stated, the parties hereto understand and agree as follows: I. TERM: The term of this agreement shall be from 'July 1, 1987 through June 30, 1988. - 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, 87 -''' ;A- 2 2. Purnish reQuiSlte 'III ti*e 3066e, Utilitieso furn'st "13 and equipment, secretarial services, common use office supplies and services, general administrative support alld consultation with the urban research staff and access to those ongoing research activities and studies of the National Center for Municipal beveloppent, Inc. o the National League of Cities and the U.S. Conference of Mayors in the performance of its prescribed functions under this Agreement. S. Under CONSULTANT'S superv13iOnt the Washington Assistant Shall: !. 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 ,. Counsel with the CITY regarding appearances by the CITY ser8ohnel Wore Committees and administrative agencies and arrange for appointments and acoommodations for CITY personnel as necessarY- Contact Federal agenoles on behalf of CITY's applications, and take whatever actions appear to hilt to be required to obtain the most favorable coh3ideration 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 ether 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_ U g. Supply summary of all Federal programs in when tyre C:TY IS participating and advise CONSULTANT of any new applications filed together with pertinent details as to the substance of such appS.ications. 3. Supply the Washington Assistant with copies of budgetst 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 AND 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 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; (2) all travel expenses for attendance to any other conferences attended by the Washington Assistant outside Washington, D.C., at the request of the CITY. 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. 4 C, The CITY shall have the right to review and audit the t1M8 records And related records of CONSULTANT pertaining to any payments by the CITY. 1V- COM IANCE WI IA FEbERAt,, S `Afib ANC LOCAL —LAWS Both parties shall oomply with all applicable laws, ordinances and codes of Federal, State and Local Governments. V. GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the addresses indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served: or, if by mail, on the fifth day after being posted or the .date of actual receipt, whichever is earlier. CITY OF MIAMI City Managers Office 3500 Pan American Drive Miami, FL 33133 CONSULTANT National Center for Municipal Development, Inc. 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 cond•itiors 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 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. Vr. 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 N,ONDELEGABILITY: 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, .r AiJb��` R#�t�TS: CriY teg+�w�i�� eha tight tt� Audit the teddedA c��` CdN�Ut�TANT 3t Atiy Here during thA petfcrmArtde cif this Agtee�,eflt And fdt A pAric�ci of case y�at after �iflal �aymeflt is teAde under this Agrea�aflt. I�t. AWARd OF AGR�gMEN'P: • CONSULTANT Warrants that it has not employed or retained any person employed by the CITY to solicit or seeure this Agreecaent and that it has not oYfered to pay, paid, or agreed to pay any • person employed by the CITY any fee, commission percent2ge, . brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. I 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 b'e 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 aII 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, ar decrees �r+y"'""7� ' �. which tray be entered and from and against all dosta, attorneys, fees, expenses and liabilities incurred in the defense of any such dlaims, or in the investigation thereof. -.. 1 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 CITY. B. CONSULTANT is aware of the conflict of intere st 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, u 87— 7 �6 1 notice of termination of this Agreement Shall be in vrritiftg to CONSULTANT$ who shall be paid far those services performed prior to the date or its receipt of the notice of termination. In no case, however, will CITY pay CONSULTANT an amount in excess of the total sutra 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. 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. XXV. 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. 6 ►�f,�M,f K 1. U DIE Al LT IRLVISUS In the event that CONSULTANT shall fall 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 sofe 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 provisions 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 �o the other as of its date. Any prior agreements, promises, negotiations. or representations not expressly set forth in this Agreement are of no force or effect. XXI. AMENDMENTS: No amendments to this Agreement shall be binding ' on either party unless in writing and signed by both parties. 10 IN WITNESS WHEREOF, the parties hereto have caused this `Fia. . • c instrument to be executed by the respedtive officials thereuntO duly authorited4 this day and year first above written. CITY OF MIAMI. a Municipal Corporation of the State of ATTEST: Florida CITY CLERK CORPORATE SECR APPROVED AS TO INSURANCE /_ N AN MA AGER By CITY MANAGER CONSULTANT: NATIONAL CENTER FOR MU CIPAL DEVELOPMENT, INC. By: 5eoa�� A PRESIDENT APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY CITY ATTORNEY Alfreda Swann is an employee of the National Center for -Municipal Development, and signed in the space for INSURANCE MANAGER. 11 Ward Barritt Intergovernmental Affairs 87~ c #71 I CONWAT RESD6tfTl N WHEREAS, the National Center for Municipal Development, Inc., desires to enter into are Agreement with the City of Miami, Florida; and WHEREAS, the Board of Directors at a duly held corporate meeting has consAdered the matter in accordance with the By -Laws of the corporation: NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the President and Secretary are hereby authorized and instructed to enter into an Agreement in the name and on behalf of this corporation with the City of Miami upon the terms contained in the proposed Agreement to which this Resolution is attached. DATE this day of , 1987 CHAIRPERSON OF THE BOARD.OF DIRrC= Alan Beals, President. NCMD. Inc. S"4 -71f l /.