HomeMy WebLinkAboutR-84-0551J-85-460
RESOLUTION NO. 84-551.
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO AMEND THE LEGISLATIVE
SERVICES AGREEMENT, TN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WTTI3 THE LAW FIRM
OF CRAMER, HOFFMAN & HABER, P. C.,
COUNSELORS AT LAWt TO EXTEND THE
AGREEMENT THROUGH APRIL 22, 1985, IN
AN AMOU14T NOT TO EXCEED $142,000 PER
YEAR WITH FUNDS HEREBY ALLOCATED FROM
SPECIAL PROGRAMS AND ACCOUNTS.
WHEREAS, the City Commission adopted Resolution No. 81-528
on June 25, 1981, authorizing the City Manager to enter into an
- agreement with the law firm of Cramer & Cramer to provide
legislative advisory services; and
WHEREAS, an agreement with this firm was entered into on
October 6, 1981, providing the firm up to $36,000 per year in
consultant fees and out-of-pocket expenses; and
WHEREAS, the City Commission adopted Resolution No. 82-427
on May 11, 1982, authorizing the City Manager to amend the afore-
mentioned agreement by increasing consultant fees and out-of-
pocket expenses to $42,000 per year and extending the agreement
through April 22, 19814; and
WHEREAS, the aforementioned amendment was entered into on
July 7, 1982, with the firm of Cramer, Hoffman & Haber, P. C.;
and
WHEREAS, the law firm of Cramer, Hoffman & Haber, P. C. has
provided the City of Miami assistance in communicating with top
government officials to discuss funding and technical assistance
from the federal government to the City of Miami; and
WHEREAS, the City of Miami is desirous of continuing to
receive legislative advisory services from this law firm for an
additional year;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA: CITY COMIAISSjol'i
MAY 10 1 ,'�],I--
REtA,kY.;;
Section 1. The City Manager is hereby authorized to execute
an amendment to the Legislative Services Agreement, in a form
acceptable to the City Attorney, with the law firm of Cramer,
Hoffman and IIa.he-r, P.C. , which wiI_l extend the agreement period
through April 22, 1985.
Section 2. An amount not to exceed $42,000.00 is hereby
allocated for said agreement from Special_ Programs and Accounts,
Contingent Fund.
Section 3. The herein authorization is conditioned upon
said firm forwarding a list of its accomplishments to members of
the City Commission for the past year.
PASSED AND ADOPTED this loth day of May, 1984.
Maurice A. Ferre
MAURICE A. FERRE
M A Y Q R
'ST:
RAL I G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY
14
le RO 9E R`1' I . C L
DEPUTY CITY TORNEY
APPROVED AS TO rOR11 AND CORRECTNESS:
r '
JOSE GARCIA-PEDROSA
CITY ATTORNEY
84-551
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Howard V. Gary
DATE- May 1, 1984
City Manager
SUBJECT Renewal. of
Contract
for
Washington,
D. C.
Consultant,
T
William-
=�
/
`11M
Cramer
FROM %
ark e rill
REFERENCES
_...
Assistant to the
City Manager for Contract
_
Intergovernmental
Affairs/Cable ENCLOSURES Resolution
It is recommended that the attached
Resolution authorizing the City
Manager to renew the Contract for
William Cramer to be a Consultant in
Washington, D.C. be presented to the
City Commission for its approval.
The contract. for William Cramer to provide legislative consulting
services in VIashinc ton on issues that affect the City of Miami
have been both effective and valuable.
It is important that this service be continued in view of the
present. federal administration's continuing effort to cut funds
to local government.
84-551
CITY OF MIAMI LEGISLATIVE SERVICES AGREEMENT
AMENDMENT #3
An amendment to a legislative services agreement made this
day of May, 1984 between the CITY OF MIAMI, hereinafter
called the 'CITY', a municipal corporation of the State of
Florida, and the law firm of CRAMER, HOFFMAN & HABER, P. C.,
Counselors at Law, previously known as Cramer & Cramer,
Counselors at Law, hereinafter called th, '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, 1981
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 12 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. 83-508, adopted by the City
Commission on June 9, 1983; and
WHEREAS, the CITY is desirous of extending this Agreement to
April 22, 1985 maintaining the monthly compensation of the
CONSULTANT at $2,750.00 and $9,000.00 per year for -out -of pocket
expenses; and
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREINAFTER SET FORTH, THE PARTIES HERETO COVENANT AND
AGREE to amend the October 8, 1981 Agreement, as amended, as
follows:
84-'`551
r
1. Section 2.A of the original agreement, shall be modified
to read as follows: The City will contract with the CONSULTANT
for an additional year covering the period beginning April 23,
1984 through April 22, 1985.
2. Section 2.B of the original agreement is hereby modified
to read as follows: The basic agreement will be for $33,000.00
per year. Payments will be in advance in equal monthly
installments of $2,'750.00 with the first installment payable
immediately upon execution of this agreement.
3. Section 2.E of the original agreement is hereby modified
to read as follows: The CONSULTANT and the CITY hereby agree the
maximum amount payable under this Agreement shall not exceed
$42,000.00 for the period commencing April 23, 1984 through April
22, 1985.
IT IS UNDERSTOOD BY BOTH PARTIES TO THIS AGREEMENT THAT ALL
OTHER CONDITIONS OUTLI14ED UNDER THE ORIGINAL AGREEMENT OF OCTOBER
8, 1981, AS AMENDED, REMAIN IN FULL FORCE AND EFFECT WITHOUT
MODIFICATION EXCEPT AS PROVIDED HEREIN.
This amendment shall take effect the 23rd day of April,
1984.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by the respective officials thereunto
duly authorized, this the day and year first above written. The
CONSULTANT'S activities under this contract, including all other
acts or omissions to act on the part of the CONSULTANT or any of
them, including any person acting for or on his or their 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. Authorized on this
day of May, 1984.
Q4-551.
11
ATTEST:
RALPH G. ONGIE, CITY CLERK
WITNESS
WITNESS
CITY OF MIAMI,
a municipal Corporation of the
State of Florida
By:
HOWARD V. GARY
CITY MANAGER
CONSULTANT
CRAMER, HOFFMAN & HABER,
Counselors at Law
W LLIAM C. CRAMER
Senior Partner
APPROVED AS TO FORM AND CORRECTNESS:
JOSE R. GARCIA-PEDROSA
CITY ATTORNEY
84--551
CITY OF MIAMI
LEGISLATIVE SERVICES AGREEMENT
THIS AGREEMENT made and entered into this day of
1981, between THE CITY OF MIAMI, hereinafter called
THE CITY, a municipal coporation of the State of Florida, and the
firm of CRAMER AND CRAMER, COUNSELORS at LAW, hereinafter called
THE CONSULTANT.
WITNESSETH:
In consideration of the premises and mutual covenants here-
inafter contained, the parties hereto agree:
1. OBLIGATIONS OF THE CONSULTANT
A. THE CONSUL".•'ANT will confer with the Mayor, the City
Commission, t:iie City Manager and such other City
personnel as tile City tanager. may (lesignate at the
times and place., 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.
B. THE CONSULTANT will maintain liaison with THE CITY'S t
Congressional delegation and will assist the delega-
tion 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.
in the of
D. THE CONSULTANT will assist the. City/review/federal.
executive proposals, legislation under considera-
tion, proposed and adopted administrative rules
and regulations and other Washington developments
M
for the purpose of advising THE CITY of those
items mutually agreed upon which may have a signi-
ficant bearing on THE CITY policies, or programs.
E. THE CONSULTANT will, assist_ in contacting federal
agencies including the ;alhite 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 considera-
tion by such agencies.
F. THE CONSULTANT will 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.
2. OBLIGATIONS OF THE CITY OF MIAMI
A. THE CITY will contract with THE CONSULTANT for a
period of one year.
B. The basic agreement will be for $24,000 per year.
Payments will be in advance in equal monthly install-
ments of $2,000 with the first installment payable
immediately upon execution of the agreement.
C. THE CITY will supply THE CONSULTANT the names of
persons other than the Mayor and the City Manager
authorized to request service from THE CONSULTANT
and the person(s) to which THE CONSULTANT should
respond regarding specific issues.
D. THE CITY will reimburse THE CONSULTANT for reasonable
out-of-pocket disbursements incurred by THE CONSUL-
TANT in connection with the above services for out
of town (Washington, D. C.) travel expenses speci-
2
84-551
for the purpose of advising THE CITY of those
items mutu.al.ly ;.greed upon which may have a signi-
ficant hearing on THE CITY pol i..c i.es or programs.
�. THE CONSULTANT will assist in conic -acting federal
agencies including the, Vfi. ,te 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 considera-
tion by such agencies.
F. THE CONSULTANT will consult with THE CITY regarding
any proposed formula changes in the Federal Revenue
Sharing andior 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.
2. OBLIGATIONS OF THE CITY OF MIAMI
A. THE CITY will contract with THE CONSULTANT for a
period of one year.
B. The basic agreement will be for $24,000 per year.
Payments will be in advance in equal monthly install-
ments of $2,000 with the first installment payable
immediately upon execution of the agreement.
C. THE CITY will supply THE CONSULTANT the names of
persons other than the Mayor and the City Manager
authorized to request service from THE CONSULTANT
and the person(s) to which THE CONSULTANT should
respond regarding specific issues.
D. THE CITY will reimburse THE CONSULTANT for reasonable
out-of-pocket disbursements incurred by THE CONSUL-
TANT in connection with the above services for out
of town (Washington, D. C.) travel expenses speci-
84-553�
fically authorized by THE CITY and the necessary
long distance telephone calls and duplicating
expenses.
E. THE CONSULTANT and THE CITY hereby agree that the
maximum amount payable under this contract shall not
exceed j �� G�6 O dollars,
3. TERMINATION OF CONTRACT
THE CITY retains the right to terminate this Agreement
at any time prior to the completion of the WORK without penalty
to THE CITY. In that event, notice of termination of this Agree-
ment shall be in writing to THE CONSULTANT who shall be paid for
all WORK performed prior to the date of this receipt of the notice
of termination. In no case, however will THE CITY pay THE CONSUL-
TANT an amount in excess of the total sum provided by this Agree-
ment.
It is hereby understood by and between THE CITY and THE
CONSULTANT that any payment made in accordance with this Section
to THE CONSULTANT shall. be made only if said CONSULTANT is not in
default under the terms of this Agreement. If THE CONSULTANT is
in default under the terms of this Agreement, then THE CITY shall
in no way be obligated and shall not pay to THE CONSULTANT any sum
whatsoever.
4. AWARD OF AGREEMENT
THE CONSULTANTS warrant that they have not employed or
retained any company or persons to solicit or secure this Agreement
and that they have not offered to pay, paid, or agreed to pay any
person or company any fee, commission, percentage, brokerage fee,
or gifts of any kind contingent upon or resulting from the award
of making this Agreement.
THE CONSULTANITS arc aware of the. conf 1 ict of interest
laws of the City of Miami Uliami City Code Chapter 2, Article V),
Dade County, Florida (made County Code, Section 2-11. 1 ) and the
Florida Statutes, and agree that they will fully comply in all
respects with the terms of said laws.
3 84--55 1
5. NON-DELEGABILITY
It is vi.n(lerstood and agreed that the obligations
undertaken by THE CON.'.WLTANT pursuant to this Agreement
shall not be delegated to any other person or firm unless
THE CITY shall first consent in writing to the performance
of such services or any part thereof by another person or
firm.
6. CONSTRUCTION OF AGREEMENT
The parties hereto agree that this Agreement shall
be construed and enforced according to the laws, statutes
and case laws of the State of Florida.
7. 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.
8. INDEMNIFICATION
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 CONSULTANT'S
activities under this contract, including all other acts or
omissions to act on the part of THE CONSULTANT or any of
them, including any person acting for or on his or their
behalf.
9. CONFLICT OF INTEREST
THE CONSULTANT covenants that no person under its
employ who presently exercises any functions or responsibili-
ties in connection with this Agreement has any personal
financial interests, direct or indirect, in this Agreement.
THE CONSULTANT further covenants that, in the performance of
this Agreement, no person having such conflicting interest
shall be employed. Any such interests on the part of THE
CONSULTANT or its employees, must be disclosed in writing to
84-551
THE CITY. THE CONSULTANT, in the performance of this Agreement,
shall be subject to the more restrictive law and/or guidelines
regarding conflict of interest promulgated by federal, state
or local government.
10. INDEPENDENT CONTRACTOR
That THE CONSULTANTS and its employees and agents
shall be deemed to be an independent contractor, and not an
agent or employee of THE CITY, and shall not attain any
rights or benefits under the Civil Service or Pension Ordinance
of THE CITY, or any rights generally afforded classified or
unclassified employees; further he/she shall not be deemed
entitled to Florida Worker's Compensation benefits as an
employee of THE CITY.
THIS AGRI ISM NT shall take effect the :-Z -3 day of
A� r, ( — F 1981.
11Q WITNISS WHEREOF, the parties hereto have caused
these presents to be executed by the respective officials
thereunto duly authorized, this the day and year first above
written.
SULTAN
Witnesses: CRAMER AN RAMER,
'% (2AT LAW
By:
1�_am--C Cramer,
Senior Partner
Attest: CITY OF MIAMI, a municipal
Corporation of the State of
Florida
` By:
City Clerk Howard V. Gary
City Manager
APPROVED AS TO FORM AND CORRECTNESS:
C
GEORGE F. KNOX, JR.
CITY ATTORNEY
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84-55