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Home My WebLink AboutR-84-0493J-84-408 M84-463 4/10/84 RESOLUTION NO. 154-493 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ATHALIE M. 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 $15,000 FOR SUCH SERVICES AND AN AMOUNT NOT TO EXCEED $6,000 FOR REIMBURSABLE EXPENSES FROM SPECIAL PROGRAMS AND ACCOUNTS CONTINGENT FUND. WHEREAS, the City Commission, on April 10, 1983, passed Motion 84-463 authorizing and directing the City Manager to begin negotiations with Mrs. Athalie Range to be retained as a = special lobbyist in Tallahassee on matters concerning the City of Miami; and WHEREAS, The City Manager was to bring the proposed contract back to the City Commission for approval; and WHEREAS, Mrs. 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, especially this year the city needs additional assistance in Tallahassee due to a possible rollback of State shared revenues resulting from the concerns raised by the proposed constitutional revenue limiting amendment ; and WHEREAS, Mrs. Athalie Range has expressed a desire to perform the required services for the city;and WHEREAS, the City Manager and ATHALIE RANGE have developed an agreement to provide said services; NOTE: This resolution was voted upon on two separate occasions. See R-84-509 passed May 1, 1984, CITY COMMISSION MEETINC OF APR 26 1984 -4S13 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 ATHALIE M. RANGE for legislative consultant services concerning legislative and administrative activity which impacts on the the City of Miami and its citizens. Section 2. An amount not to exceed $15,000 is hereby allocated for said agreement together with an additional amount not to exceed $6,000 for reimbursable expenses under said agreement from Special Programs and Accounts, Contingent Fund. PASSED AND ADOPTED this 26th_ day of April, 1984. MAURICE A. FERRE M A Y 0 R ATTEST: RAL H G. ONGIE, CITY C PREPARED AND APPROVED BY: ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: R. GARCIA-PEDROSA )9SE ITY ATTORNEY 84-r483 nnmVcccTONAL SERVICES AGREEMENT THIS AGREEMENT made than 20th day of APRIL,1984, by and between the CITY OF MIA"1I, a municipal corporation of the State of Florida (hereinafter referred to as the"CITY") and M. ATHALIE RANGE, 5727 N W 17th AVENUE, MIAMI, FLORIDA, 33142 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the City Commission, on April 10, 1983, passed Motion 84-463 authorizing and directing the City Manager to begin negotiations with Mrs. Athalie Range to be retained as a special lobbyist in Tallahassee on matters concerning the City of Miami; and - WHEREAS, the CONSULTANT has special capabilities and knowledge regarding the needs of the CITY OF MIAMI; and WHEREAS, the Florida 1cF;islature is and will continue to be considering, important legislation that will Freatl.Y 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, especially this year the CITY needs additional assistance in Tallahassee due to a possible rollback of State shared revenues due to the concerns raised by the proposed constitutional revenue limiting amendment; and WHEREAS, the CONSULTANT has expressed a desire to perform the required services for the CITY; and WHEREAS, the City Manager and ATHALIE RANGE have developed an agreement to provide said services; NOW, THEREFORE, the CITY and the CONSULTANT agree as follows: PAGE 1 84-493, R] 1. TERM The a, b:,all be from April 10, 1984 through December 31, 1984. 2. BASIC SERVICES The CONSULTANT shall provide the following services: A.Coordination of legislative services Maintain continuous liaison with and follow the directions of the Citys' LEGISLATIVE LIAISON, RICK SISSER during the term of this agreement . B. 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 . C. Reporting to Miami Keep Miami officials informed about legislative and organizational developments. D. Counseling with Miami Officials Advise and consult with Miami officials on legislative strategy and tactics. E. 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 nooperation with the City commission. 3. COMPENSATION A. The CITY shall pay the • CONSULTANT, as maximum compensation for services required pursuant to Paragraph 2, hereof, $15,000.00 The compensation to be paid hereunder shall be calculated and billed as follows; (1)Payment for attending the Florida Legislative session shall be paid at a rate of $3,333.00 per month for an amount not to exceed $10,000 which shall include all special sessions of the State Legislature plus per diem and expenses. PAGE 2 j 84-493 (2)Payment for work performed locally pursuant to this agreement shall be at the rate of $200.00 per day 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 $15,000.00 limitation described in this section. B. Such compensation will be paid within 10 days of submission of monthly billings by the CONSULTANT . 4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments. 5. NON-DELEGABILITY It is understood and agreed that the CONSULTANT shall not assign its rights or obligations under this Agreement without the prior ►written consent of the CITY. All ►,,ork under this Agreement Sha11 be performed by the CONSULTANT, a,nd no independent Consultant shall be hired and assigned to the job to be undertaken pursuant to this Agreement without the prior written consent of the CITY. 6. CONSTRUCTIO14 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. OWNERSHIP OF DOCUMENTS All documents developed by the CONSULTANT under this Agreement, shall be delivered to the CITY by said the CONSULTANT upon completion of work and shall become the property of the CITY, without restriction or limitation on their use. The CONSULTANT agrees that all documents, records and reports maintained and generated pursuant to this contractual relationship between the CITY and the CONSULTANT shall be subject to all provisions of the Public Record Laws, Chapter 119, Florida Statutes. PAGE 3 84-493. F It is far ':her understood by and between, the parties that any informa*_;^N .- j*;�^�, contract documents, reports or any other matter rrha`saever which is given by the CITY to the CONSULTA11T pursuant to this Agreement :shall at all times remain the property of the CITY and shall not be used by the CONSULTANT for any other purposes whatsoever without the written consent of the CITY. 8. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. 9. 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;. 10.AWARD OF AGREEMENT The CONSULTANTS warrant that he/she has not employed or retained any company or person to solicit or secure this Agreement and that he/she has 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 this Agreement. The CONSULTANTS are aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade 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. 11. INDEMNIFICATION The 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 the CONSULTANTS'S activities under this Agreement, including all other acts or PAGE 4 84-493 omissions to act on the part of the CONSULTANT, its officers or employees, 4.. ;.rd against any orders, judgments or decrees which may be entered and from and against all costs and attorney's C�Vpenses and liabilities incurred in the defense of any such claims, or the investigation thereof. 12. INDEPENDENT CONTRACTOR The CONSULTANT and his/hers employees and agents shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances 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. 13. AMENDMENTS -The CITY and the CONSULTANT may, from time to time, agree to changes in the terms of this Agreement. Such changes, including any increase or decrease in the amount of the CONSULTANTS'S compensation, which are mutually agreed upon by and between the parties shall be incorporated in written amendments to this Agreement executed by both parties. 14. 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 or by telegraph 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. (B) Titles and paraEraph headings are for convenient reference and are not a Evart of this f greernent. (C) Ir; tEie event of conflict between the terms of this Agreement and any terms or conditions contained in documents, the terms in this lq�reernernt shall rule, -493 PfG E_ (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. 15. NON-DISCRIMINATION The CONSULTANT agrees that he/she will not discriminate as to race, sex, color, creed or national origin in connection with his/her performance under this Agreement. 16. DEFAULT PROVISION In the event that the 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 the CITY, at its sole option, upon written notice to the CONSULTANT may cancel and terminate this agreement, and all 1)a:ynrcnt!:, dvances, or other compensation paid to the C014SUL'fA111T by the CITY while the CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to the CITY. 17. GOVERNMENTAL AUTHORITY AND FORCE MAJEURE No default in the performance of the terms, covenants or conditions of this Agreement on the part of the CONSULTANT or the CITY (other than in the payment of any accrued billings due or in any other payment required hereunder by one party to the other) shall be deemed to continue if and so long as the CONSULTANT or the CITY, as the case may be, shall be delayed in or prevented from remedying the same by (a) strikes or other labor disputes, (b) acts of God or the public enemy, (e) any order, directive or other interference by municipal, state, federal or other governmental official or agency, or (d) any other cause reasonably beyond the control of the CONSULTANT or the CITY, as the case may be; but if and when the occurrence or condition which delayed or prevented the retnedyirip of such default shall cease or be removed, it shall be the obligation of the CONSULTANT or the CITY, as the case rr,zy be, without further delay, to commence the correction of such default or to continue the correction ther&of. �3'4— 9 . 16. TERMINATION OF CONTRACT The CITY retains the right to terminate this Agreement at any time prior w the completion of. work without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the CONSULTANT who shall be paid for all work performed prior to the date of receipt of the notice of termination. 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 gray be obligated and shall not pay to the CONSULTANT any sum whatsoever.l 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. ATT 2 G. 0 GI ERK ¢ --2 7- e-#-f MWW"00, 0 ,��fia WITNESS CITY OF MIAMI, A Florida Municipal Corporati.QZ By: .\L � • 31 CITY MANA R CONSULTANT: M. ATHALIE RANGE v ✓°l L LTU' �E M. ATHALIE RANGE -- APPROVED AS TO FORM AND CORRECTNESS: At)SE R. GARCIA-PEDRGSA ,`CITY ATTORNEY PAGE 7