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HomeMy WebLinkAboutR-83-1103J-83-1078 f F RESOLUTION N(,. _W-1.103 A RESOLUTLON AUTHORIZING THE. CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTAN- TIALLY THE FORM ATTACHED HERETO WITH ERIC R. SISSER, INC. FOR THE SERVICES OF ERIC R. SISSER TO SERVE AS LEGISLATIVE LIAISON REPRESENTATIVE, ANT) REPRESENT THE CITY BEFORE ALL SESSIONS OF THE FLO- RIDA LEGISLATURE HELD DURING THE TERM OF THE AGREEMENT; FURTHER AUTHORIZING THE PAYMENT OF $42,000. FOR SERVICES PROVIDED WITH FUNDS ALLOCATED THEREFORE FROM SPE- CIAL PROGRAMS ANT) ACCOUNTS. WHEREAS, the citizens of Miami require the services of a representative to properly 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 legis- lative 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 8th day of December , 1983 ATTEST: 'RALPH G. ONGIE, City Clerk Maurice A. Ferre MAURICE A. FERRE MAYOR CITY COMMISSION MEETING OF DEC 8 1983 83-1 03J REM.4WKs f PREPARED AND APPROVED BY: r � - L�J ROBERT N. SECHEN Assistant City Attorney APPROVED AS TO FORA AND CORRECTNESS: JV7E R. GARCIA-PEDROSA tv Attorney 9 83-1103 0 U THIS AGREEMENT made and entered into this day of , 1983, by and between the CITY OF MIAMI, a municipal corporation, located in Dade County; Florida, (hereinafter sometimes referred to as the "CITY"), and Eric R. Sisser, Inc, hereinafter sometimes referred to as the "REPRESENTATIVE"). WITNESSETH WHEREAS, the REPRESENTATIVE has been effectively and successfully representing the City of Miami in obtaining legislation favorable to the City of Miami for the past several years; and WHEREAS, the REPRESENTATIVE has been successful in supporting legislation that has, among other things, provided the CITY with mil- lions of dollars in State funds for City of Miami projects; and WHEREAS, it is necessary to have a full time representative of the City of Miami in Tallahassee during those times that the Legislature is considering laws that have an impact on the City of Miami's budget and ability to administer local self-government; and WHEREAS, the REPRESENTATIVE has agreed to act in the capacity of :slative Liaison Representative, acting on behalf of the City of Miami, at all Florida State legislature sessions held during the term of this Agreement and before any committees of the State Legislature that may meet from time to time during the term of this Agreement to propose legislation on behalf of the CITY and/or oppose legislation to which the CITY objects, and to perform such other legislative services at their sessions that the City Commission shall direct in order that the citizens of Miami might be properly represented; and WHEREAS, the REPRESENTATIVE has agreed to act in the capacity of Cabinet Liaison Representative, acting on behalf of the City of Miami, at all Florida State Cabinet Meetings held during the term of this Agreement and to propose items on behalf of the CITY and/or to oppose items to which the CITY objects, and to perform such other cabinet services that the City Commission shall direct in order that the citi- zens of Miami might be properly represented; and 83-1109 e WHEREAS, the REPRESENTATIVE has agreed to perform the services in accordance with the policies, rules, regulations, control and direc- tion of the City of Miami, Florida; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto covenant and agree as follows: 1. THE REPRESENTATIVE AGREES: (a) That the REPRESENTATIVE will act through its employee Eric R. Sisser, as Legislative Liaison Representative on behalf of the City of Miami and shall attend the Florida State Legislature ses- sions held during the term of this Agreement, and shall attend meetings of the committees of the State Legislature that may meet from time to time during the term of this Agreement, that may have an affect on the CITY'S interests. The REPRESENTATIVE shall propose legislation on behalf of the CITY and/or oppose legislation to which the CITY objects, and the REPRESENTATIVE shall perform such other legislative services at said sessions of the Florida State Legislature as the City Commission and/or the City Manager may direct. (b) That he will act as Cabinet Liaison Representative on behalf of the City of Miami and shall attend Florida State Cabinet meetings held during the term of this Agreement; that the REPRESENTATIVE shall propose items on behalf of the CITY and/or oppose items to which the CITY objects, and the REPRESENTATIVE shall perform such other ser- vices relating to said Cabinet Agenda items of the Florida State Cabinet as the City Commission and/or City Manager may direct. (c) That he will provide the City Manager's Office with monthly written reports regarding legislation and cabinet items that will have a major effect upon the City, and bi-weekly written reports during the actual legislative session, and, from time to time, provide the City Manager's Office with overviews of the direction of the legislature and cabinet. 2. THE CITY AGREES: (a) That in consideration of the performance of the afore- mentioned services and expenses incurred in fulfilling the terms of this Agreement, the CITY shall compensate the REPRESENTATIVE in the amount of $42,000 payable as follows: A lump sum of $12,000 payable PAGE 2 OF 5 83-1103 lJ f. upon invoice of the REPRESENTATIVE and $2►500.0� on the first day of each of twelve monthly periods beginning January 1, 1984 through and including December 31, 1984; (b) The CITY agrees that the checks for these services shall be mailed to the REPRESENTATIVE at such address as the REPRESENTATIVE may, in writing, direct by letter to the Finance Director of the CITY. 3. BOTH PARTIES AGREE: (a) That all services to be performed by the REPRESENTATIVE shall be in accordance with the policies, rules, regulations, control and direction of the City of Miami, Florida. (b) That this Agreement may be cancelled by either party hereto subject to the giving of 30 days written notice of intention to cancel this Agreement. In the event of termination pursuant to this paragraph, the CITY shall only pay the REPRESENTATIVE the amount due as a monthly installment under this Agreement. No other monies or amounts shall be due to the REPRESENTATIVE in the event of such ter- mination and the REPRESENTATIVE releases the CITY from its obligations to pay any further amounts hereunder. (c) Both parties agree that this Agreement may be altered or amended only upon the written consent of both parties hereto. (d) That the term of this Agreement shall be for 1 year, neginning on January 1, 1984 and terminating December 31, 1984. 4. INDEMNIFICATION REPRESENTATIVE 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 REPRESENTATIVE'S activities under this contract, including all other acts or omissions to act on the part of the REPRESENTATIVE 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. 5. INDEPENDENT CONTRACTOR That the REPRESENTATIVE and his employees and agents shall be deemed to be an independent contractor, and not an agent or employee PAGE 3 OF 5 83-1103 of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the CITY, or any rights gene- rally 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. 6. AUDIT RIGHTS The CITY reserves the right to audit the records of the REPRESENTATIVE at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. 7. NON-DELEGABILITY It is understood and agreed that the obligations undertaken by the REPRESENTATIVE 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. 8. CONFLICT OF INTEREST The REPRESENTATIVE covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or '•;direct, in this Agreement. The REPRESENTATIVE further covenants that, in the performance of this Agreement, no person having such con- flicting interest shall be employed. Any such interests on the part of the REPRESENTATIVE or its employees, must be disclosed in writing to the CITY. The REPRESENTATIVE, in the performance of this Agreement, shall be subject to the more restrictive law and/or guidelines regard- ing conflict of interest promulgated by federal, state or local govern- ment. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their names by the persons thereunto legally quali- field and authorized, all as of the day and year hereinabove written. CITY OF MIAMI, A Florida Municipal Corporation By: CITY MANAGER PAGE 4 OF 5 83- 103 RALPH G. ONGIE, CITY CLERK ERIC R. SISSER, INC. By: ERIC R. SISSER, President APPROVED AS TO FORM AND CORRECTNESS: (fb JOSE R. GARCIA-PEDROSA CITY ATTORNEY PAGE 5 OF 5 83-1103 5`9 Howard V. Gary City Manager If CITY OF MIAM . ;_OR'CA INTER -OFFICE MEMORANDUM _ Llark Merrill Assistant to the City Manager for Intergovernmental Affairs/Cable. November 28, 1983 Legislative Representative Agreement Agreement "It is recommended that the attached Resolution authorizing the City Manager to enter into an agreement with Eric R. Sisser, Inc. to serve as the City of Miami's legislative liaison repre- sentative in Tallahassee be submitted to the City Commission for their approval" An agreement has been developed between the City of Miami and Eric R. Sisser, Inc. for the continuation of legislative liaison services in Tallahassee for one year beginning January 1, 1984 through December 31, 1984. This new contract provides for no increase over the amount paid during the last two years. Mr. Sisser has been extremely valuable to the City of Miami in helping to achieve legislation that has had a very beneficial impact on the City of Miami. One example of his efforts in repre- senting the City of Miami before the State Legislature in Tallahassee is the adoption of a state law which enabled Dade County to levy a 4C Local Option Gas Tax which will provide over $3,000,000 per year for each of the next five years, to provide local street improvements to resolve the City of Miami's transportation needs. It is important for the City of Miami to have a full-time repre- sentative in Tallahassee during the legislative sessions, who can respond very quickly to the needs of the City when laws are pro- posed that could have a negative impact on the City's budget and its ability to administer local self-government. CM/mmm Encl. 83-•1103