HomeMy WebLinkAboutR-84-0742J-84-591
RESOLUTION NO. S4-742
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT
IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY_ WTTIi SPARf3I R, SIiEVTN ,
SHAPO & HT-TI-BRONNER, PROFESSIONAL
ASSOCIATION, I'OR THE: -SEI',VTCES OF
ARTHUR E. TF.EL.E, IR. I::SQUTRE, OF
COUNSEL, TO SERVE AS
REPRESENTATIVE AND REPRESENT THE
CITY BEFORE THE UNITED STATES
DEPARTMENTS OF COMMERCE, HOUSING
AND URBAN DEVELOPMENT,
TRANSPORTATION AND OTHER
APPROPRIATE FEL)ERAi, AGI NCIES;
FURTHER AUTHORIZING THE PAYMENT OF
$42,000 AS _A YEARLY_FEE FOR SAID
SERVICES_ AND AN�ADDITIONAL SUM OF
UP� TO! $12,000 YEARLY `I'O�-COVER
EXPENSES INCURRED DARING TO THE
TERM OF SAID AGREEMENT, WITH FUNDS
ALLOCATED THEREFOR FROM THE -CITY
MANAGER'S 0_E I- IC_E ,-PROFESSIO_NAL
SERVICES, IN THE AMOUNTOF$13,500
FOR FISCAL YEAR 1 983-_STi AND FROM
SPECIAL PROGRAMS AND ACCOUNTS,
LIASON IN WASHINGTON, D.C.1IN THE
AMOUNT OF 40 500 FOR FISCAL YEAR
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WHEREAS, the citizens of Miami require attendance in
Washington, D.C., of a representative to properly represent the
City
before the United
States Departments of
Commerce, Housing
a
and
Urban Development,
Transportation and
other appropriate
Federal Agencies to achieve
support for various
programs proposed
by the City of Miami
for the benefit of the
citizens of the
i
1 City
of Miami;
d
NOW, THEREFORE,
BE IT RESOLVED BY THE
COMMISSION OF THE
i
CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
enter into an agreement in a form acceptable to the City Attorney
with Sparber, Shevin, Shapo and Heilbronner, Professional
Association, for the services of Arthur E. Teele, Jr., Esquire,of
Counsel, to serve as representative, and represent the City
before the United States Departments of Commerce, Housing and
Urban Development, Transportation and other appropriate Federal
agencies, excluding the Urban Mass Transportation Administrati_onduring
the term of said agreement.
CITY C0141 NIISSlora
TV1EE'1'il G Ql'
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Section 2. The sum of $42,000 as a yearly fee for said
services and an addi. ti.onal sum of up to $12,000 yearly to cover
expenses i.nnurred during the term of said agreement are hereby
allocated from the City ilangger's Office, Professional Services,
in the amount; of 1 3, On for t; TT. CAA, YEAR 1983--34 and from Special
Programs and Accounts, 1,Ja:7,on in Washington, D.C., in the amount
of $40,500 for FTSCAL YEAR 1984-85.
PASSED AND ADOPTED this2-8th day of June ,1984.
Maurice A. Ferre
MAURICE A. FERRE, MAYOR
ATTEST:
ZC<�
IT CLERK
PREPARED AND APPROVED BY:
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
ITY ATTORNEY
84-`7'42
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July 6, 1984
LOSE R (,+.RC i 1-f!Df t
t Q,
Arthur E. Teele, Jr,, Esquire
Robert Shevin, Esquire
Sparber, Shevin, Shapoand Heilbronner, P.A.
30th Floor AmeriFirst Bldg.` r
One S.E. Third Avenue c� <o ; a
Miami, Florida 33131 z' '
Gentlemen: 3'
I tried to reach each of you by telephone during ,�he
course of this week, but I was unsuccessful in doing so. I am
therefore writing you this letter.
At its June 28th meeting, the Miami City Commission
voted on a Resolution authorizing the City Manager to enter
into an agreement, in a form acceptable to the City Attorney,
with your law firm for the purpose of representing the City
before several federal agencies. A proposed Resolution and
Agreement had been prepared but not submitted for approval by
my office prior to placement on the June 28th agenda.
A formal, written Resolution has now been prepared by
my staff for my signature, but before I sign it and submit it
to the Mayor and City Clerk, I would urge you to review the
provisions of 18 U.S.C.A. 5207 (pocket part, pp. 171-72) and
contact me, particularly with regard to representation before
the Department of Transportation.
Sincerely,
' 0 4 A��
Jose Garcia -Pedrosa
City Attorney
JGP/br
cc: The Honorable Maurice A. Ferre
Howard V. Gary, City Manager
of T Il f Ut f 11[ C I Ti A rjUft I I 1 1644 L[ tauter 5tr. o %t+arr .. f 14131 11051 5^9-6--w
pro Ieb3IUCldl t C(JI c.ac+SI'm vsv•• vv c•a+a. ....i.�.+...�---- - •-- -
efforts.
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CITY OF MIAM1, FLORIDA
161
INTER -OFFICE MEMORANDUM
TO: Howard V. Gary DATE:
City Manager
� SUBJECT:
Walter Pierce ,.,/, '' ` REFERENCES:
FROM: Assistant City Manager (Acting)
ENCLOSURES:
m (" 1/kt, r
June 21, 1984 FILE:
Professional Services
Agreement with Sparber,
Shevin, Shapo &
Heilbronner, P.A.
It is requested that the attached re3olution
be adopted by the City Commission
authorizing the City Manager to enter into
an agreement with the law firm of Sparber,
Shevin, Shapo & Heilbronner to provide
representation for the City in Washington,
D.C., before various Federal departments and
agencies.
In this period of reduced Federal funding in most program areas
and an increasingly competitive atmosphere for acquisition of
financial and other support, it is necessary that the City of
Miami increase its effectiveness in the Federal arena. In
general the selected firm will be engaged to deal primarily with
the United States Departments of Commerce and Transportation plus
the Department of Housing and Urban Development and other Federal
agencies.
Given the program areas of the above mentioned agencies, it is
felt that the City would be best served with the retention of
Sparber, Shevin, Shapo & Heilbronner, P.A., utilizing as
principal contact and attorney Mr. Arthur E. Teele, Jr., Esquire,
who is of Counsel to the Firm. Mr. Teele, as you will recall,
was formerly Administrator of the Urban Mass Transit
Administration of the Department of Transportation.
Included in the attached
agreement as an
assignment is the
pursuit of
financial and program
support for
various programs of
the City such
as Expo 500,
economic development
projects proposed
by the City
that would be funded/supported with
UMTA and Economic
Development
Administration
(EDA) grants. Mr.
Teele's familiarity
with these
agencies, their
programs and
policies should be
invaluable
to the City.
Accordingly, it is recommended that the City retain the firm of
Sparber, Shevin, Shapo & Heilbronner, P.A. to provide
professional representation to aid and supplement our present
efforts.
84-`744.
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PROFESSIONAL SERVICES AGREEMENT
This Agreement
entered
into this
day
of ,
1984, by and between
the City
of Miami,
a municipal
corporation
of Dade County, Florida, hereinafter referred to as "CITY", and
Sparber, Shevin, Shapo & Heilbronner, P. A., hereinafter referred
to as "CONSULTANT."
WITNESSETH:
WHEREAS, the City is desirous of enhancing its ability to
seek and acquire Federal Assistance, both financial and
programatic, to further development and redevelopment within the
City limits as regards housing transportation, commerce and
tourism; and
WHEREAS, the Federal government continuously develops new
programs and policies in addition to revising and updating
existing programs and policies; and
WHEREAS, the City is in need of representation in
Washington, D. C., in connection with the policies and program
decisions of the United States Departments of Transportation and
Housing and Urban Development and to assist in planning and
achieving program support for Expo 500 with the United States
Department of Commerce and other appropriate branches of
government; and
WHEREAS, the firm of Sparber, Shevin, Shapo & Heilbronner,
P.A., along with the Washington, D. C., based firm of Anderson,
Mibey, Nauheim and Blair, with Arthur E. Teele, Jr., Esquire,
being the principal attorney and point of contact, are desirous
and capable of providing said representation; and
WHEREAS, the CITY is desirous of obtaining said services
and representation; and
NOW, THEREFORE, in consideration of the promises and the
mutual covenants and obligations herein contained, and subject to
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the terms and conditions hereinafter stated, the parties hereto
understand and agree as follows:
TERM:
The term of this Agreement shall be from ,
19through
, 19
II.
OBLIGATIONS OF THE CONSULTANT AND THE CITY
A. THE CONSULTANT will 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 to
enhance the ability of THE CITY to make the best use of
federal program decisions and policies involving the United
States Department of Transportation, Commerce and Housing
and Urban Development. In addition, THE CONSULTANT will be
actively engaged in the pursuit of financial and other
support for Expo 500 with the United States Department of
Commerce and other appropriate branches and agencies of
government.
B. THE CONSULTANT will 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.
C. THE CONSULTANT will counsel with THE CITY regarding
appearances by City personnel before Congressional
Committees and federal administrative agencies.
D. THE CONSULTANT will assist THE CITY in review of federal
executive proposals, legislation under consideration,
proposed and adopted administrative rules and regulations
and other Washington developments for the purpose of
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advising THE CITY of those items mutually agreed upon which
tray have a significant bearing on THE CITY policies or
programs.
E. THE CONSULTANT will ansi st in contacting federal agencies
including the White House and Office of Management and
Budget at Washington, D. C. on THE CITY'S behalf on
mutually agreed upon basis when City funding applications
are under consideration by such agencies; and
F. THE CITY will supply THE CONSULTANT the names of persons
other than the Mayor and the City Manager authorized to
request services from THE CONSULTANT and the person(s) to
which THE CONSULTANT should respond regarding specific
issues.
COMPENSATION:
A. CITY shall pay CONSULTANT, as maximum compensation for
the services required pursuant to Paragraph II hereof,
$42,000.
B. Such compensation shall be paid on the following basis:
Payments will be in advance in equal monthly installments
of $3,500 with the first installment payable immediately
upon execution of the agreement.
C. THE CITY will reimburse THE CONSULTANT for reasonable
out-of-pocket disbursements incurred by THE CONSULTANT in
connection with the above services for out of town
(Washington, D. C) travel expenses specifically authorized
by THE CITY, including transportation and lodging, and the
necessary long distance telephone tolls, telex, messenger
service and the like.
D. THE CONSULTANT and THE CITY hereby agree that the
maximum amount payable under this Agreement shall not
exceed $52,000.
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E. 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 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
City Hall
3500 Pan American Drive
P. 0. Box 330708
Miami, Florida 33133-0708
CONSULTANT
Sparber, Shevin, Shapo and
Heilbronner, P. A.
30th Floor AmeriFirst Bldg.
One S. E. Third Avenue
Miami, Florida 33131
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.
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D. No waiver or breach of any provision of this Agreement
shall constitute a w—liver Of any nifl)sequent breach of the
same or any other provision h-rerf. and no waiver shall be
effective unless made in writing.
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.
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 to any other person or firm
unless CITY shall first consent in writing 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.
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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, 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:
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.
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 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.
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CONFLICT OF INTEREST:
CONSULTANT is aware of the conflict of interest laws of the
City of tiiar1i. (City of. tli.ami Code Chapters 2, Article V), made
County Florida (Dade County Code Section 2--11 .1 ) and the State of
Florida, and agrees that he/she will Bally 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 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 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 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 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 CONS-ULTANT is not in
default under the ter•iris of this !agreement. If C014SULTANT is in
default, then CITY shall in no way be obligated and shall not pay
to CONSUL`1`A14T any sum whatsoever.
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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 compensation 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.
IN W,T,TNESS 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:
Corporate Secretary
WITNESSES:
As to CONSULTANT
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
by
HOWARD V. GARY
City Manager
CONSULTANT:
By (Seal)
Title
(NOTE: IF consultant is not a
Corporation, two witnesses
must sign.)
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS: CORRECTNESS:
DEPARTMENT OF RISK MANAGEMENT JOSE GARCIA-PEDROSA
CITY ATTORNEY
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