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HomeMy WebLinkAboutR-84-1477J-84-1254"'1 RESOLUTION NO. 84-14177 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO WITH ERIC R. SISSER, INC. FOR THE SERVICES OF ERIC R. SISSER TO SERVE AS LEGISLATIVE LIAISON REPRE- SENTATIVE, AND REPRESENT THE CITY BEFORE ALL SESSIONS OF THE FLORIDA LEGISLATURE HELD DURING THE TERM OF THE AGREEMENT; FURTHER AUTHORIZING THE PAYMENT OF $42,000 FOR SERVICES PROVIDED WITH FUNDS ALLOCATED THERE- FOR FROM SPECIAL PROGRAMS AND ACCOUNTS ------------------------- WHEREAS, the citizens of Miami require the services of a representative to property acquaint the Florida Legislature at its sessions in Tallahassee, Florida, with the legislation proposed by and affecting the City of Miami; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. The City Manager is hereby authorized to enter into an agreement, in substantially the form attached hereto, with ERIC R. SISSER, INC. to serve as the City's legislative Liaison Representative, and represent the City before all sessions of the Florida Legislature and provide periodic reports to the City during the term of said agreement. Section 2. The total sum of $42,000 for said services are hereby allocated from Special Programs and Accounts. PASSED AND ADOPTED this 20th day of December, 1984. Maurice A. Ferre MAURICE A. PERR MAYOR AEETM(; OF ATTEST: C�2 oe RAWYH . ONGIE City Clerk PREPARED AND APPROVED BY: 1� ROBERT F. LARK Chief Deputy City Attorney APPROVED/$b'/TO FORM AND CORRECTNESS: LV vin Z. • ++v via City Attorney 84*-1477 .31 CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM TO; Robert E. Tingley DATE- December 26, 1984 FILE: City Clerk's Office SUBJECT Rick Sisser Contract FROM: Ward Barritt REFERENCES Administrative Aide II Intergovernmental Affairs ENCLOSURES: Please attach this copy of the Rick Sisser Contract to ResolutioC,&L84-12J54 per request from Rosemary, Bob Clark's secretary, City Attorney's Thank you. n PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of December, 19849 by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY", and Eric R. Sisser, Inc., hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the City Commisson on passed Motion authorizing and directing the City Manager to begin negotiations with Eric R. Sisser, Inc. to be retained as a special lobbyist in Tallahassee on matters concerning the CITY OF MIAMI: and i WHEREAS, the CONSULTANT 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, the CONSULTANT has expressed a desire to perform the required services for the CITY; and WHEREAS, the City Manager and Eric R. Sisser, Inc. have developed an agreement to provide said services; NOW, THEREFORE, in consideration of the promises and the mutual covenants and obilgations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: I. TERM: The term shall be from January 1, 1985 through December 31, 1985. II. BASIC SERVICES The CONSULTANT shall provide the following services: A. 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. WHEN RETURNING FOR FURTHER REVIEW, PLEASE WE.NTtFY AS Q � _ � z B. Reporting to Miami Keep Miami officials informed about legislative and organizational developments. C. Counseling with Miami Officials Advise and consult with Miami officials on legislative strategy and tactics. D. Preparation for the 1985 Legislative Session Assist in the development of legislative issues that the CITY needs to prepare for presentation to the 1985 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, $42,000.00 B. Such compensation shall be paid on the following basis: -9.00 on the 1st day of each month beginning January 1, 1985 and ending December 31, 1985, $12,000.00 for expenses incurred payable in lump sum upon request. 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. 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 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, 84-147 on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI Address CONSULTANT Address P. O. Box 330708 P.O. Box 0103308 Miami. FL 33133 Miami, Florida 33101 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 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 I..,,iver of any subsequent breach of the same or any other provision hereof, and no waiver shall -be effective unless made in writing. VI. OWNERSHIP OF DOCUMENTS: 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. 84-:.477' NONDELEGABILITY: That the obligations undertaken by CONSULTANT pursuant to this Agreement shall not be delegated to any other person or firm unless CITY shall first consent in 4riting to the performance of such service or any other part thereof by another person or firm. 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 he/she has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that he/she has not offered to pay, �- anreed to pay any person employed by the CITY any fee, commission, percentage, brokerage flee, or gift of any kind contingent upon or resulting from the award of this Agreement. X. CONSTRUCTION AGREEMENT: The 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. 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 84-4477 activities under this Agreement, including all other acts or omissions to act on the part of CONSULTANT, including any person acting for or on his/her 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. 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 he/she will fully comply in All respects with the terms of said laws. XIV. INDEPENDENT CONTRACTOR: CONSULTANT and his/her employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights ,its under the Civil Service or Pension Ordinances of CITY, or any rights y°ryera;iy afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Worker's 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 —optetion 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 his/her 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. g4-14` 01 f XVI. NONDISCRIMINATION: CONSULTANT agrees that he/she shall not discriminate as to race, sex, color, creed, or national origin in connection with his/her performance under this Agreement. XVII. MINORITY PROCUREMENT COMPLIANCE: CONSULTANT acknowledges that he/she 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. 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 compensa- tion paid to CONSULTANT by CITY while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to CITY. XX. AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 84--1477 IN WITNESS WHEREOF, the parties hereto have caused this 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 ATTEST: C6rporate secretary AS TO INSURANCE.REQUIREOENTS: ��a��►:�:��ui�►�r,f�r�c�ay��6hltl:Ch�l�hl►1 CITY OF MIAMI, a municipal Corporation of the State of Florida By RANDOLPH B. ROSENCRANTZ City Manager C014SULTANT: By rest 4.rihZ4.6 �isser,-171—c.— APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY 84-P „4 A" CORPORATE RESOLUTION WHEREAS, Eric R. Sisser, Inc. ha$ submitted a proposal on Legislative Liaison Services and the City has accepted such proposal; and WHEREAS, the Board of Directors of Eric R. Sisser, Inc. has examined terms, conditions, and obligations of the proposed contract with the City of Miami for legislative liaison services; and WHEREAS, the Board of Directors at a duly held corporate meeting have considered the matter in accordance with the by-laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF Eric R. Sisser, Tnc. that the president and secretary are hereby authorized and instructed enter into a contract in the name of, and on behalf of this corporation, with the City of Miami for legislative liaison services, in accordance with the contract documents furnished by 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 20th day of December 1984. CHAIRMAN, Board of Directors 84".14 707 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO WITH ERIC R. SISSER, INC. FOR THE SERVICES OF ERIC R. SISSER TO SERVE AS LEGISLATIVE LIAISON REPRE- SENTATIVE, AND REPRESENT THE CITY BEFORE ALL SESSIONS OF THE FLORIDA LEGISLATURE HELD DURING THE TERM OF THE AGREEMENT; FURTHER AUTHORIZING THE PAYMENT OF $429000 FOR SERVICES PROVIDED WITH FUNDS ALLOCATED THERE- FOR FROM SPECIAL PROGRAMS AND ACCOUNTS ------------------------- WHEREAS, the citizens of Miami require the services of a representative to property acquaint the Florida Legislature at t,s sessions in Tallahassee. Florida, with the legislation proposed by and affecting the City of Miami; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,.FLORIDA; Section 1. The City Manager is hereby authorized to enter Ir.}.o an agreement, in substantially the form attached hereto, with ERIC R. SISSER, INC. to serve as the City's legislative Liaison Representative, and represent the City before all sessions of the Florida Legislature and provide periodic reports to the City during the term of said agreement. Section 2. The total sum of $42,000 for said services are hereby.allocated from Special Programs and Accounts. PASSED AND ADOPTED this 20th day of December, 1984. MAYOR 8 --14 n �r 0 ATTEST: City Clerk PREPARED AND APPROVED BY: Chief Deputy City Attorney APPROVED AS TO FORM AND CORRECTNESS: City Attorney g4-" q;77