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HomeMy WebLinkAbout2010-174-1356 - Addendum to the agreement with Becker and Poliakoff 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 BECKER AND POLIAKOFF, P.A., ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: On January 1, 2009, the City entered into an Agreement for Lobbying Services with Becker and Poliakoff, P.A., in the amount of $65,000, to provide the City with legislative consulting services relating to matters before the Florida Legislature. The contract was for a period of two years beginning on January 1, 2009, through December 31, 2010. 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 Becker and Poliakoff, P.A., from an annual fee of $65,000.00 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-6) CONSENT AGENDA RESOLUTION Agreement with Becker and Poliakoff, P.A. 1515 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 for Lobbying Services with Becker and Poliakoff, P.A., in the amount of $40,000.00. Attachment: Attachment A: Becker and Poliakoff, P.A., Lobbyist Contract Addendum ADDENDUM FOR LOBBYING SERVICES THIS IS AN ADDENDUM TO THAT CERTAIN AGREEMENT FOR LOBBYING SERVICES dated the 1ST day of January 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 BECKER & POLIAKOFF, P.A. (“CONSULTANT”). WITNESSETH: WHEREAS, on January 1, 2009, the CITY entered into an Agreement for 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 Sixty Five Thousand ($65,000) Dollars to an annual fee of Forty Thousand ($40,000) Dollars, and WHEREAS, the current contract between the CITY and the CONSULTANT has an initial term that will expire on December 31, 2010, and WHEREAS, it is the CITY’s intention to extend the Agreement until September 30, 2011 WHEREAS, the parties are in agreement, that the annual amount to be paid to Becker & Poliakoff, is to be reduced to Forty Thousand ($40,000) Dollars, 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 ($40,000) Dollars 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 January 1, 2009 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 ($40,000) Dollars to be computed on a monthly basis in the amount of Three Thousand Three Hundred Thirty-three Dollars ($3,333.00). Section 3. ORIGINAL PROVISIONS: All other terms of the Agreement dated January 9, 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 BECKER& POLIAKOFF, P.A. By: _______________________ Yolanda Cash Jackson Date: _____________________