Loading...
HomeMy WebLinkAboutR-85-0318RESOLUTION NO. 65-31S A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH M. ATHALIE RANGE FOR PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES CONCERNING LEGISLATION WHICH IMPACTS ON THE CITY OF MIAMI AND ITS CITIZENS; ALLOCATING THEREFOR AN AMOUNT NOT TO EXCEED $20,000 FOR SUCH SERVICES AND AN AMOUNT NOT TO EXCEED $9,000 FOR REIMBURSABLE EXPENSES FROM SPECIAL PROGRAMS AND ACCOUNTS CONTINGENT FUND. WHEREAS, the City Commission, on April 10, 1984, passed Motion 84-463 authorizing and directing the City Manager to being negotiations with Mrs. M. Athalie Range to be retained as a special legislative consultant in Tallahassee on matters WHEREAS, Mrs. M. Athalie Range has special capabilities and knowledge regarding the needs of the City of Miami; and WHEREAS, the Florida legislature is and will continue to be considering important legislation that will greatly affect the City of Miami in the areas of housing, economic redevelopment, revenue distribution, living conditions, taxation and other Important issues affecting the City of Miami; and WHEREAS, Mrs. Range was very helpful in getting legislation passed in the 1984 session of the Legislature that was beneficial to the City of Miami; and WHEREAS, Mrs. M. Athalie Range has expressed a desire to continue to perform the required legislative services for the City; and WHEREAS, the City Managerand M. ATHALIE RANGE have developed an agreement to provide said services; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CITY COMMISSION MEETING OF MAR Isla ?-- RESOLUTION No. 8 RENa!tt�5 Section 1. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, with M. ATHALIE RANGE for legislative consultant services concerning legislative and administrative activity which impacts on the City of Miami and its citizens. Section 2. An amount not to exceed $20,000 is hereby allocated for said agreement together with an additional amount not to exceed $9,000 for reimbursable expenses under said agreement from Special Programs and Accounts, Contingent Fund. PASSED AND ADOPTED this 28thday of '�R PH G. ONGIE, CITY CLE4 LEGAL REVIEW - eo, 0 (� �t 1✓, &&4 ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVXD AV TO FORM AND CORRECTNESS LUCIA A. DOUGHERTY CITY ATTORNEY 2 MARCH , 1985. MAURICE A. FERRE M A Y 0 R 85-318 PROFESSIONAL SERVICES AGREEMENT 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 M. ATHALIE RANGE, 5727 N. W. 17th AVENUE, MIAMI, FLORIDA 33142, hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, Mrs. M. Athalle Range was retained as a special legislative consultant in Tallahassee on matters concerning the City of Miami, during the 1984 legislative session; and WHEREAS, Mrs. Range has special capabilities and knowledge regarding the needs of the CITY OF MIAMI; and WHEREAS, the Florida legislature is and will continue to be considering important legislation that will greatly affect the CITY OF MIAMI in the areas of housing, economic redevelopment, revenue distribution, living conditions, taxation and other R important issues affecting the CITY OF MIAMI; and WHEREAS, Mrs. Range has expressed a desire to perform the required services for the CITY; and WHEREAS, the City Manager and M. ATHALIE RANGE have devel- oped an agreement to provide said services; NOW, THEREFORE, In consideration of the mutual covenants and obligations herein contained, and subject to the terms and condi- 5 tions hereinafter stated, the parties hereto understand and agree as follows: I. TERM: The term of this Agreement shall be from January 1, 1985 through December 31, 1985. 85-318. A A4,1 II. SCOPE OF SERVICES: CONSULTANT will provide the following services: (1) Coordination of legislative services Maintain continuous liaison with and follow the directions of the City's LEGISLATIVE LIAISON, RICK SISSER during the term of this agreement. (2) Liaison with Florida Legislators and Staffs Meet with Florida Legislators and staffs, to explain and lobby for Miami's position on legislation affecting the CITY OF MIAMI. (3) Reporting to Miami Keep Miami officials informed about legislative and organizational developments. (4) Counseling with Miami Officials ,. Advise and consult with Miami officials on legislative strategy and tactics. (5) Preparation for the 1985 and 1986 Legislative Sessions Assist in the development of legislative issues that the CITY needs to prepare for presentation to the 1985 and 1986 State Legislature under the direction of the City Manager and in cooperation with the City Commission. COMPENSATION: A. CITY shall pay CONSULTANT, as maximum compensation for the services required pursuant to Paragraph II hereof, an amount not to exceed $20,000.00. B. Such compensation shall be paid on the following basis: (1) Payment for attending the Florida Legislative sessions in Tallahassee shall be paid at a rate of $5,000.00 per month for an amount not to exceed $15,000, which shall include all special sessions of the State Legislature as follows: first payment on April 1, 1985; second payment May 1, 1985; third payment June 1, 1985. 2 857318 i (2) Expenses incurred in attending out of town legislative meetings will be reimbursed to the CONSULTANT monthly within ten days of bills being submitted to the CITY. (3) Payment for work performed locally pursuant to this agreement shall be at the rate of $50.00 per hour or $200.00 per day, whichever is less, plus the cost of long distance telephone calls relating to legislative consulting services as provided herein. Such payments shall be included in and subject to the $20,000.00 limitation as provided herein above. C. Such compensation will be paid within ten days of submission of monthly billings by the CONSULTANT. D. 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, ordinance and codes of federal, state and local governments. KM 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 CONSULTANT 3500 Pan American Drive Miami, FL 33233 5727 N. W. 17 Avenue Miami, FL 33142 3 85-318. B. Title and paragraph headings are for convenient refer- ence and are not a part of this agreement. 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 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, para- graphs, 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 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. 4 85-318 V 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 pur- suant 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. t� AUDIT RIGHTS: CITY reserves the right to audit the records of 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: 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, 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 laws of the State of Florida. 85-313. Xl. 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 which may be entered and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defgnse of any such claims, or in the investigation thereof. XIII. 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 employ-ee of CITY. 6 85-318 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, s notice of termination of this Agreement shall be in writing to CONSULTANT, who shall be paid for those services performed prior i to the date of its receipt of the notice of termination. In no case, however, will CITY pay CONSULTANT an amount in excess of i the total sum provided by this Agreement. 3 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 shill not pay to CONSULTANT any sum whatsoever. XVI. 1 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 subs tan tive 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. 7 85-318 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 per- form any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to CONSULTANT may cancel 1 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. 1 XX. 1 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 oaused this 1 instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. ATTEST: RALPH G. ONGIE CITY CLERK WITNESSES: APPROVED AS TO INSURANCE DIVISION OF RISK MANAGEMENT LUCIA A. DOUGHERTY CITY ATTORNEY CITY OF MIAMI, a municipal Corporation of the State of Florida By: RANDOLPH B. ROSENCRANTZ CITY MANAGER CONSULTANT: By (Seal) TITLE - 2 - APPROVED AS TO FORM AND CORRECTNESS: LUCIA A. DOUGHERTY SS-31.8_