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HomeMy WebLinkAboutR-86-04430 a —3 RESOLUTION NO. 8G--443; A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, 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 $20,000 FOR SUCH SERVICES, AND AN AMOUNT NOT TO EXCEED $4,000 FOR REIMBURSABLE EXPENSES FROM SPECIAL PROGRAMS AND ACCOUNTS, SPECIAL SERVICES, LIAISON, MAN IN WASHINGTON PROGRAM. 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 ir, 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 substantially the attached form, with the National Center for Municipal Development, Inc., to continue representation of the City of Miami in Washington, D.C. by Mr. Mark Israel. Gar coMMOSION NEE17NG 4F JUN 12p�Im ION Mu. _Q6-=` r] Section 2. An amount not to exceed $201000 is hereby allocated for said agreement together with an additional amount not to exceed $4,000 for reimbursable expenses under said agreement from Special Programs and Accounts, Special Services, Liaison, Man in Washington Program. PASSED AND ADOPTED this 12th day of DUNE f 1986 A ER L. AREZ MAYOR ATTEST: 1 { MAJTYHIRAI CITY CLERK PREPARED AND APPROVED BY: i'' e.4.,e' - &44!/i... ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED4DOUGHER AND CORRECTNESS: UC A A.CITY ATT 86-44a CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Cesar H . Od i o City Manager 0 GATE: J U 11 T 198 19 FILE: SUBJECT:National Center for Municipal Development, Inc. , Agreement REFERENCES: Resolution; Agreement ENCLOSURES: It is recommended that the City Commission adopt the proposed Resolution authorizing the City Manager to enter into an }` agreement with the National Center for Municipal Development, Inc., to continue representation of the City of Miami by Mr. i Mark Israel, as part of the Man -in - Washington Program, and allocating $20,000 payable in 12 monthly equal installments, plus $4, 000 for reimbursement for out-of- pocket expenses, from Special Programs and Accounts, Special Services, Liaison, Man s, in Washington Program. The City of Miami has been represented in Washington, D.C. by Mark Israel of the National Center for Municipal Development, Inc. , since July, 1973• During these 13 years the City has received substantial benefit from the representation that has resulted in the City being better prepared to qualify for millions of dollars in Federal grants as well as receiving good a information regarding pending and passed Federal legislation. The new annual agreement between the City of Miami and the National Center for Municipal Development, Inc., provides the City with a continuation of representation and assistance in Washington, D.C. on Federal programs and legislation. The National Center for Municipal Development works closely with the National League of Cities and publishes a weekly report called 11INFOSHARE11 that describes the federal activities that affect Miami. This report is sent to the City Commission as well as department directors and other City staff. Mr. Mark Israel continues to provide us with information about specific legislative initiatives which may impact the City. Be also provides the City with appropriate contacts in Washington to pursue City projects, and researches issues pending before Congress that require the City's attention. This agreement is effective July 1, 1986. There are no increases in either compensation or reimbursable expenses over the previous year's agreement. 86-443: PROFESSIONAL SERVICES AGREEMENT 4r= This AGREEMENT entered into this 16thday of May 1986, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and the National Center for Municipal Development Inc., herein- after referred to as "CONSULTANT". 3 ; t RECITAL: �E 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, has previously provided said services as part of the Man in Washington Program; and t5 WHEREAS, funds are available in the Special Programs and Accounts, Special Services, Liaison, Man in Washington Program 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 I. TERM: The term of this Agreement shall be from July 1, 1986 through June 30, 1987. � 4 II 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 responsi- bilities under this Agreement, the Washington Assistant will act in the name of the CITY and with the title of Washington Assistant to the Mayor. 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 required by the Washington Assistant and the CITY in the performance of his prescribed functions under this Agreement. B. Under CONSULTANT's supervision, the Washington Assistant will: 1. Confer 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 5E-443 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 ,g r rules and regulations and other Washington develop- ments for the purpose of advising the CITY on his own initiative of those items which may have a bearing on CITY policy or programs. t; �s 3. Secure and furnish such detailed information as may be available on Federal programs in which the CITY indicates an 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 dele- gation and will 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. ' 6. Counsel with the CITY regarding appearances by CITY personnel before Congressional Committee and admini- strative agencies and will arrange for appointments and accommodations for CITY personnel as necessary. 7. Contact Federal agencies on the CITY's behalf when _ CITY applications 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 �u. explaining activities undertaken on behalf of the City for which payment is requested. . C. CONSULTANT will 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. �xw 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 will 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. -2- 86-443 C C E. CITY will: y 1. Supply CONSULTANT with names of persons other the Mayor authorized to request service by the Washington Assistant and the person or persons kept advised by the Assistant. than to be 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, newspapers and other materials which will assist the representative in keeping himself current of CITY policies and programs. III. t COMPENSATION: A. CITY shall pay CONSULTANT, as maximum compensation for the services required pursuant. to Paragraph II hereof, TWENTY THOUSAND DOLLARS and NO CENTS ($20,000). B. Such compensation shall be paid in TWELVE (12) equal monthly installments of ONE THOUSAND SIX HUNDRED AND SIXTY-SIX DOLLARS AND SIXTY-SEVEN CENTS ($1,666.67). Payments will be made by CITY upon receipt of monthly invoice from CONSULTANT. Each invoice will be accom- panied by a written report prepared by CONSULTANT explaining activities undertaken on behalf of CITY for which payment is requested. CITY will reimburse CONSULTANT for: (1) all travel ;.,,. expenses incurred; (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). All long distance telephone expenses will be borne by the CITY. The Mayor will determine policy concerning usage. C. The CITY shall have the right to review and audit the time records and related records of CONSULTANT pertaining to any payments by the CITY. IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. V. GENERAL CONDITIONS: A. All notices and 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 (3) 86-443, W C mail addressed to the other party at the address 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 Intergovernmental Affairs Municipal Development, Inc. 3500 Pan American Drive 1620 Eye Street, NW Miami, Florida 33133 Suite 300 Washington, D.C. 20006 i. B. Title and pargraph headings are for convenient references and are not a part of this Agreement. s C. In the event of conflict between the terms of this Agree- ment 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 -a same or any other provision hereof, and no waiver shall be effective unless made in writing. 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, sentences, 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 the CONSULTANT under this Agreement shall be delivered to the CITY by the said CONSULTANT upon completion of the services required and shall become the property of the CITY, without restriction or limitation on its use. The CONSULTANT agrees that all documents maintained and generated pursuant to this contractual relationship between the CITY and the 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 the CITY to the CONSULTANT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the CONSULTANT for any other purposes whatsoever without the written consent of the CITY. -4- 86-443► tr 9 VII. NONDELEGABILITY: That the obligations undertaken by the CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless the CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. Vill. AUDIT RIGHTS: The CITY reserves the right to audit the records of the 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: r The CONSULTANT warrants that is has not employed or retained any person employed by the CITY to solicit or secure this Agree- ment 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: i- e 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: The CONSULTANT shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the Consultant's activities under this Agreement, including all other acts or omissions to act on the part of the 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, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. -5- 86-44 2.: XIII. k CONFLICT OF INTEREST: .x The CONSULTANT is aware of the conflict of interest laws of sr, the City of Miami (City of Miami Code Chapter 2, Article V) , Dade County Florida (Dade County Code Section2-11.1) and the State of ` Florida and agrees that it will fully comply in all respects with the terms of said laws . XIV. wf INDEPENDENT CONTRACTOR: f� k The CONSULTANT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY, or any rights generally afforded classified or unclassified employees; further he shall not be deemed entitled to the Florida Worker's Compensation , benefits as an employee of the CITY. XV. TERMINATION OF CONTRACT: The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required hereof without penalty to the CITY. This Agreement may be terminated or renegotiated by either party at any time by giving the other at least 60 days' notice in writing of such intent to terminate or t renegotiate. In no case, however, will the CITY pay the CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the CONSULTANT that any payment made in accordance with this Section to CONSULTANT shall be made only if the said CONSULTANT is not in default under the terms of this Agreement. If the Consultant is in default, then the CITY shall in no way be obligated and shall not pay the CONSULTANT any sum whatsoever. XVI. NONDISCRIMINATION: The CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, or national origin in connection with its performance under this Agreement. XVII. MINORITY PROCUREMENT COMPLIANCE: The CONSULTANT acknowledges that it has been furnished a copy of Ordinace No. 9775, the Minority Procurement Ordinance of the City of Miami, and agree to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. -6- 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. XIX. DEFAULT PROVISION: In the event that the CONSULTANT shall 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 the CITY, at its sole option, upon written notice to the CONSULTANT may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to the CONSULTANT by the CITY while the Consultant was in default of the provisions herein contained, shall be forthwith returned to the CITY. XX . 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 z instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. CITY OF MIAMI, a municipal ATTEST: Corporation of the State of Florida MATTY HIRAI City Clerk ATTEST: BY: CESAR ODIO City Manager (CONSULTANT) NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INCORPORATED BY: OdL Lt ROBERT GO DON JO GUNTHER, President Corporate Secretary APPROVED AS TO INSURANCE REQUIREMENTS: Division of Risk Management APPROVED AS TO FORM AND CORRECTNESS: BY: LUCIA A. DOUGHTERTY City Attorney -7- 86-4421: V %. y,•e. CORPORATE RESOLUTION .;. .Y' WHEREAS, The National Center for Municipal Development, Inc. X desires to enter into an agreement with the City of Miami; and Yv WHEREAS, the Board of Director at a duly held corporate meeting has considered 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 a contract in the name and on behalf of this corporation with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached. SV-4A 2',.