HomeMy WebLinkAbout2010-173-1355 - Addendum to the agreement with Alcade and Fay
City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 27, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: General Fund Advertising Requirement: (Enter X in box) Yes No X Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: City Manager’s Office Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN ADDENDUM TO THE AGREEMENT FOR LOBBYING SERVICES WITH ALCALDE AND FAY ATTACHED HERETO AS EXHIBIT “A”; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: On February 25, 2009, the City entered into an Agreement for Federal Lobbying Services with Alcalde
and Fay, Government and Public Affairs Consultants in the amount of $72,000, to provide the City with legislative consulting services relating to federal matters before the U.S. Congress.
The contract was for a period of two years beginning on March 1, 2009, through February 28, 2011, with the option of an additional one-year extension upon the expiration of the initial
term. During the fiscal year 2010 – 2011 budget process, the City Council, in an effort to reduce the citywide budget, decided that it would reduce the amount of money allocated for
lobbyist services citywide. As such, in accordance with City Council direction, City Management has negotiated a reduction in the current contract with Alcalde and Fay from an annual
fee of $72,000.00 to an annual fee of $40,000.00. In addition to the change in contract price, the attached addendum proposes to extend the contract term to September 30, 2011, at which
time Council may be choose to extended, renegotiate, or terminate the agreement based financial position of the City. ITEM J-5) CONSENT AGENDA RESOLUTION Agreement with Alcalde and Fa
y1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: That the City Council approve the attached resolution authorizing the City Manager to execute
the attached Addendum to the Agreement with Alcalde and Fay for Federal Lobbying Services, in the amount of $40,000.00. Attachment: Attachment A: Alcalde and Fay Federal Lobbyist Contract
Addendum
ADDENDUM FOR FEDERAL LOBBYING SERVICES THIS IS AN ADDENDUM TO THAT CERTAIN AGREEMENT FOR FEDERAL LOBBYING SERVICES dated the 25th day of February 2009, by and between the City of Miami
Gardens, Miami-Dade County, Florida, a municipal corporation organized and existing under the laws of the State of Florida (“CITY”), and ALCALDE & FAY (“CONSULTANT”). WITNESSETH: WHEREAS,
on February 25, 2009, the CITY entered into an Agreement for Federal Lobbying Services with CONSULTANT, and WHEREAS, during the Fiscal year 2010 – 2011 budget process, the City Council
decided that it would either eliminate or reduce the amount of money that it was paying to Lobbyists working on behalf of the CITY, and WHEREAS, City Management has negotiated a reduction
in the current contract with CONSULTANT from an annual fee of Seventy-Two Thousand Dollars ($72,000.00) to an annual fee of Forty Thousand Dollars ($40,000.00), and WHEREAS, the current
contract between the CITY and the CONSULTANT has an initial term that will expire on February 28, 2011, and WHEREAS, CONSULTANT and the CITY have the right to extend the Agreement for
additional one-year periods upon expiration of the two-year initial term, and WHEREAS, the parties are in agreement, that the annual amount to be paid to Alcalde & Fay, is to be reduced
to Forty Thousand Dollars ($40,000.00), and that the Agreement will continue to be renewable on an annual basis, NOW THEREFORE, in consideration of the monies herein described and for
other good and valuable consideration the legal sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1. RETAINER: Shall be stricken and replaced with the
following:
a. The CITY hereby retains CONSULTANT and CONSULTANT hereby accepts a retainer from the CITY in the amount of Forty Thousand Dollars ($40,000.00) annually (“Retainer”). b. Retainer shall
be paid in monthly installments of Three Thousand Three Hundred Thirty-Three Dollars ($3,333.00) per month upon presentation of an invoice outlining services rendered during the preceding
month payable in arrears. c. The Retainer shall cover all out-of-pocket expenses incurred by the CONSULTANT including travel expenses. Section 2. TERM: Shall be stricken and replaced
with the following: The CONSULTANT is retained for a term commencing on October 1, 2010 through September 30, 2011 (initial term”). The amount to be paid to the CONSULTANT shall be amended
in accordance with Paragraph 1 above regarding the Retainer, and as of the date of executing this Agreement, CONSULTANT shall be paid a retainer of Forty Thousand Dollars ($40,000.00)
to be computed on a monthly basis in the amount of Three Thousand Three Hundred Thirty-Three Dollars ($3,333.00). The CONSULTANT and the CITY shall each continue to retain the right
to extend this Agreement for additional one-year periods upon expiration of the initial term. Section 3. ORIGINAL PROVISIONS: All other terms of the Agreement dated February 25, 2009,
shall remain in full force and effect. Section 4. CONFLICTS: In the event of any conflicts between this Addendum and the Agreement this Addendum shall control in all the other respects,
the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year set forth below their respective signatures. CITY OF MIAMI GARDENS ___________________________
SHIRLEY GIBSON, MAYOR Date:_______________________ ATTEST: _____________________________ CITY Clerk, RONETTA TAYLOR, CMC Approved As To Form and Legal Sufficiency: ________________________________
SONJA K. DICKENS, CITY ATTORNEY ALCALDE & FAY By: _______________________ HECTOR ALCALDE, CEO Date: _____________________
September 30, 2010 Dr. Danny O. Crew Miami Gardens City Manager 1515 N.W. 167th Street, Suite 200 Miami Gardens, FL 33169 Dear Dr. Crew: Given the City’s current budgetary constraints,
we sincerely appreciate the opportunity to renegotiate our retainer to continue providing Washington representation. As you know, all clients are billed based upon a monthly retainer.
We believe this provides the client with the most cost-effective approach, allows the client to operate with a firm fixed budget, and allows us to perform all the work required to be
successful on a client’s behalf without concern of whether each hour might ultimately contribute to that success. For continued implementation of the City’s Federal Legislative Program,
we propose a one-year fee of $40,000/$3,333 monthly, representing a reduction of nearly half of the current retainer. The proposed retainer would be inclusive of out-of-pocket expenses
for services such as telephone tolls, copying, messenger service, parking, transportation, and postage, which are traditionally billed at the actual cost expended. Prior to the City’s
2012 budgetary cycle, we would like to discuss the City’s financial capabilities and revert back to the original retainer if feasible. We hope you will find these terms acceptable and
are certain that we can reach a mutually agreeable fee. Thank you for your consideration. Sincerely, Danielle McBeth Partner