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HomeMy WebLinkAboutR-85-0503J-85-455 RESOLUTION NO. 85-503 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CRAMER, HABER AND LUKIS, P.C., FOR PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES CONCERNING FEDERAL LEGISLATION WHICH IMPACTS ON THE CITY OF MIAMI AND ITS CITIZENS; ALLOCATING THEREFOR AN AMOUNT NOT TO EXCEED $45,000 FOR SUCH SERVICES AND AN AMOUNT NOT TO EXCEED $39000 FOR REIMBURSABLE EXPENSES FROM SPECIAL PROGRAMS AND ACCOUNTS CONTINGENT FUND. WHEREAS, the City of Miami has utilized the legislative consultant services of Cramer, Haber and Lukis, P.C. since April 23, 1981; and WHEREAS, the consultant has advantageously assisted the City of Miami in obtaining millions of dollars in urban development action grants (UDAG's); and WHEREAS, the consultant has assisted the City of Miami in challenging the Census Bureau regarding the 1980 and 1982 Census population undercount which is causing our federal revenue sharing and community development block grant payments to be reduced ; and WHEREAS, the City will need expertise in Washington to represent the City's interests regarding the proposed budget reduction and the effect that reduction will have on the City of Miami; and WHEREAS, the City of Miami is desirous of continuing the representation of Miami by the Washington law firm of Cramer, Haber and Lukis, P.C.; 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 Cramer, Haber and Lukis, P.C. for legislative consultant services concerning federal legislative and administrative activity which CITY impacts on the City of Miami and its citizens. M=::IIyL 85-503 MAY 9 1985 Section 2. An amount not to exceed $45,000 is hereby allocated for said agreement together with an additional amount not to exceed $3,000 for reimbursable expenses under said agreement from Special Programs and Accounts, Contingent Fund. PASSED AND ADOPTED this 9th day of May , 1985. ATTEST TWACI G. ONGIE, CITY C K LEGAL REVIEW oev,(W7 X---O z ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY FORM AND CORRECTNESS LOCIA A. DOHG CITY ATTORNEY MAURICE A. FERRE M A Y O R 85—"a 3 f- OVA w. r._ PROFESSIONAL. SERVICES AGREEMENT k•' t This Agreement entered into this day of 1985 by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and CRAMER# t' HABER & LUKISr P.C., hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the CITY entered into an agreement dated October 8, 1981 with the CONSULTANT to provide legislative advisory services; and WHEREAS, this agreement covered the period from April 23, 1981 through April 22, 1982; and WHEREAS, this agreement was amended on April 23, 1982 extending #: the agreement period through April 22, 1983 and increasing the monthly compensation to $2,500.00 as authorized by Resolution No. 82-427, adopted by the City Commission on May 11, 1982; and WHEREAS, this agreement was further amended on July 12r 1983 extending the agreement period through April 22, 1984 and increasing the monthly compensation to $2,750.00 and to decrease the allowance for out-of-pocket expenses to $9,000.00 a year as authorized by Resolution No. 83-5088 adopted by the City Commission on June 9, 1983; and WHEREAS, this agreement was further amended on September 18, 1984 extending the agreement period through April 221 1985 maintaining the monthly compensation at $2,750.00 and the allowance for out-of-pocket expenses at $9,000.00 a year as authorized by Resolution 84-551, adopted by the City Commission on May 10r 1984; and WHEREAS, the CITY is desirous of extending this Agreement through April 221 1986 and increasing the monthly compensation to $3050.00 and decreasing the allowance for out-of-pocket expenses to $3,000.00 a year; SJr-503. Oak 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 aril 23, 1985 through April 22, 1986. SCOPE OF SERVICES: CONSULTANT will (1) Confer with the Mayor, the City Commission, the City Manager and such other City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager and the CONSULTANT on all organizational planning and program activity which has a bearing on the ability of the CITY to make the best use of federal programs; and (2) Maintain liaison with the CITY's Congressional delegation and will assist the delegation in any matter which the CITY determines to be in its best interest; and (3) Counsel with the CITY regarding appearances by City personnel before Congressional Committees and federal administrative agencies; and (4) Assist the CITY in the review of federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the CITY of those items mutually agreed upon which may have a significant bearing on the CITY policies or programs; and - 2 - 85-503. Oft (5) Assist in contacting federal agencies including the White House and Office of Management and Budget at Washington, D.C. on the CITY'S behalf on a mutually agreed upon basis when City funding applications are under consideration by such agenciesr and (6) Consult with the CITY regarding any proposed formula changes in the Federal Revenue Sharing and/or Community Development Block Grant or other major programs to determine their impact on the CITY and take the necessary steps as mutually agreed upon to bring about changes in the best interest of the CITY. COMPENSATION: A. CITY shall pay CONSULTANT, as maximum compensation for the services required pursuant to Paragraph II hereof, $45,000.00 plus an allowance of $3000.00 a year for out-of-pocket expenses. B. Such compensation shall be paid on the following basis: $3 050.00 monthly compensation plus out-of-pocket expenses not to exceed $3,000.00 per year. C. CITY shall have the right to review and audit the time ' records and related records of CONSULTANT pertaining to any payments by the CITY. a� Y- ..4 - IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: 'a= Both parties shall comply with all applicable laws, ordinances ;x and codes of federal, state and local governments. - 3 - 85-75p3. Oft 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 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 Address: CONSULTANT Address: Office of the City Manager Cramer► Haber & Lukis, P.C. 3500 Pan American Drive 818 Connecticut Avenue► N.W. Miami► Florida 33233-0708 Washington, D.C. 20006 B. Title and paragraph headings are for covenient reference and are not a part of this agreement. C. In the event of conflict between the terms of this P 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 continue 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 - 4 - 85-503. Oft with such laws, or if not modifiable to conform with such laws, then same shall be deemed severablep 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 shall be subject to all provisions of the Public Records Law, Chapter 1191 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. VIII. AUDIT RIGHTS: CITY reserves the right to audit the records of CONSULTANT at - S - 85-503 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 AGREEMENTt CONSULTANT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement Y I` and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission or percentage, brokerage fee, or gift of any kind contingent upon or resulting t.+ from the award of this Agreement. X. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. XI. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XII. INDEMNIFICATION: CONSULTANT shall indemnify and save CITY harmless from and ix_ µ against any and all claims, liabilities, losses, and causes of action which may arise out of CONSULTANT'S activities under this Agreement, including any person acting for or on its behalf, and, from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. - 6 - 1� MI. CONFLICT OF INTEREST: 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 will 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/she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. XV. TERMINATION OF CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to paragraph II hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CONSULTANT that any payment made in accordance with this Section to CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in default, then CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. - 7 - 85-503 Oak XVI. NONDISCRIMINATION: 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: CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 9775, 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. r XIX. DEFAULT PROVISION: In the event that 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 CITY, at ';. its sole option, upon written notice to CONSULTANT may cancel and terminate this Agreement, and all payments, advances, or other ik� 1 t compensation paid to CONSULTANT by CITY while CONSULTANT was in t: default of the provisions herein contained shall be forthwith returned to CITY. - 8 - AMENDMENTS-. No amendments to this Agreement shall be binding on either s. party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this fs instrument to be executed by the respective officials thereunto t. duly authorizede this the day and year first above written. ATTEST: RALPH G. ONGIE CITY CLERK ATTEST: COR RATE SECRETARY W N SS: 72Gc?A"r` (As to CONSULTANT APPROVED AS TO INSURANCE DIVISION OF RISK MANAGEMENT CITY OF MIAMI, a municipal Corporation of the State of Florida By: SERGIO PEREIRA CITY MANAGER C By: ZHAR6 LU P.C. r ENIOR PARTNER APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY CITY ATTORNEY - 9 - 85--'503 /W CITY Of MIAMI. PLORIDA 35 INTgROlrFICE MifMORANOUM Sob To. The Honorable Mayor and Members DAM April 25, 1985 rnc: of the City Commission susJEcr: Legislative Consultant Services Contract for Cramer, Haber do Lukis a�eoM Sergio Pereir NEFaR¢Ncas: City Manager ENCLOSURES: Resolution; Contract "It is recommended that the attached Resolution authorizing the City Manager to execute a Professional Services Agreement with Cramer, Haber and Lukis, P.C., to serve as federal legislative consultants, be presented to the City Commission for its approval." i The law firm of Cramer, Haber and Lukis, P.C., has been representing the City of Miami on federal legislative issues in Washington since 1981. William Cramer, a former Florida Republican Congressman, has been instrumental in providing the City of Miami with service in making certain that the City receives certain grants which are vital to the City of Miami's economic development process. Mr. Sylvester Lukis has been extremely helpful in assisting the City of Miami's sue:, challenge to the Federal Census Bureau's estimate for Miami. This consultant has worked directly with the City administration and the Commission in representing Miamfs interest in Washington, D. C. as The proposed federal budget reductions will have a great negative impact on the City of Miami, and it is essential that Miami have an effective lobbyist in Washingston, D. C. to protect the City of Miami's interest. Y /+ The annual total for consultant services will be $45,000 plus $3,000 for A; reimbursable expenses. This represents an annual increase of $3,000 from last year. This increase anticipates the increased activities on the part of this consultant for the City of Miami when grants to the City are proposed to be dramatically reduced. CM/mmm Encls.