HomeMy WebLinkAboutR-94-0335J-94-251
4/28/94
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WHEREAS, the City of Miami has engaged the legislative consultant
services of Sylvester A. Lukis in Washington, D.C. since April, 1981; and.
WHEREAS, Sylvester A. Lukis has provided significant assistance to the
City in obta xdxjg approval of its application in connection with the Southeast
Overtown/Park West Redevelopment Project, Civic Pask Plaza, New Orderly
Departure Program of irimi.grants from Cuba, as well as other activities and
events; and
WHEREAS, the City requires continued expertise in Washington, D.C., to
represent the City's interests in such ongoing legislative matters; and
WHEREAS, the City is desirous of continuing the representation of Miami
in Washington, D.C. by Sylvester A. Lukis;
NOW, TAEREDORB, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MTAIE,
Section 1. The recitals and firms contained in the Preamble to
this Resolution are hereby adopted by reference thereto and incorporated
herein as if fully set forth in this Section.
CITY COMMISSXpgj
MEETING OF
MAY Q 5 1994
Rewiution No.
9 4 - 335
Section 2. The City Manager is hereby authorized to execute an
agreement, in Substantially the attached form, with Sylvester A. Lukis, for
professional legislative oonsultant services concerning Federal legislation
which impacts on the City of Miami, with funds therefor hereby allocated from
the Legislative Liaison General Fund, in an amount not to exceed. $49,950 for
said services, and an additional amount not to exoeed $7,600 for reirb.rsable
expenses.
Section 3. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this 5th _day of May 1994.
AT7
�.�.^.-
REiiE P . a[ ARK, MAYOR
MA HIRAT, CITY CLERK
BUDGETARY REVIEW AND APPROVAL:
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94- 335
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of ,
1994, by and between the City of Miami, a municipal corporation
of the State of Florida, hereinafter referred to as "CITY", and
Sylvester A. Lukis, an individual, hereinafter referred to as
"CONSULTANT."
WHEREAS, the CONSULTANT has provided legislative consulting
services in Washington, D.C. for the City of Miami since 1981;
and
WHEREAS, the proposed federal budget will have an impact on
the CITY's receipt of federal funds; and
WHEREAS, CONSULTANT's expertise will assist the CITY in
obtaining needed federal funds; and
WHEREAS, the CITY is desirous of continuing to receive
legislative consulting services from CONSULTANT;
NOW, THEREFORE, in consideration of the mutual covenants and
obligations herein contained, and subject to the terms and
conditions hereinafter stated, the parties hereto understand and
agree as follows:
TERM:
The term of this Agreement shall be from May 1, 1994 through
April 30, 1995.
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94_ 335
II.
SCOPE OF SERVICES:
A. During the term of this Agreement, and when requested by
CITY through the Mayor, the City Manager or representatives
specifically designated by either of them to deal with
CONSULTANT, CONSULTANT shall provide the following services to
CITY:
1. Confer with the Mayor, the City Commissioners, the City
Manager, and such other City personnel as the City
Manager may designate, at the times and places 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: and
2. Maintain liaison with the CITY's Congressional
Delegation, and shall assist the Delegation in any
matter which the CITY determines to be in its best
interest; and
3. Counsel with the CITY regarding appearances by CITY
personnel before Congressional Committees and federal
administrative agencies; and
4. Assist the CITY in the review of federal executive
proposals, legislation under consideration, proposed
and adopted administrative rules and regulations and
other Washington developments for the purpose of
advising the CITY of those items mutually agreed upon
which may have a significant bearing on the CITY
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policies or programs; and
5. Assist in contacting federal agencies including the
White House and Office of Management and Budget in
Washington, D.C., on the CITY's behalf on a mutually
agreed upon basis when CITY funding applications are
under consideration by such agencies; and
6. Consult with the CITY regarding any proposed formula
changes in any Federally funded programs or projects
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.
B. The scope of services contemplated by this Agreement are
those which arise in the normal course of legislative and
administrative representation before the U.S. Congress and
federal agencies and excludes the performance of extraordinary or
unusual services or requests. If, during the course of this
Agreement, CITY requests CONSULTANT to undertake an unanticipated
special project which would involve services over and above those
contemplated by this Agreement, CITY and CONSULTANT will agree in
advance to the representation, the appropriate time required and
the professional fees.
COMPENSATION:
A. Fees. CITY shall pay a maximum of Forty -Nine Thousand
Nine Hundred Fifty Dollars ($49,950.00), to CONSULTANT as
consideration for CONSULTANT's services hereunder. Payment shall
be made by CITY in equal monthly installments of $4,162.50.
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4- 335
B. Expenses. CITY shall reimburse CONSULTANT a maximum of
Seven Thousand Five Hundred Dollars ($7,500.00) for reasonable
expenses incurred by CONSULTANT and its employees, agents,
subcontractors or representatives during the term of the
Agreement. All such expenses shall be approved by the City
Manager or his designee and shall be billed monthly on separate
invoices and accompanied by receipts.
C. The maximum total compensation to be paid by the CITY
for fees and expenses incurred by CONSULTANT is Fifty -Seven
Thousand Four Hundred Fifty Dollars ($57,450.00). Any fees or
expenses in excess of this amount will be the sole responsibility
of CONSULTANT.
IV.
AUDIT RIGHTS:
Through the term hereof and for one (1) year thereafter,
CITY shall have the right to review and audit the time, cost and
expense records of CONSULTANT pertaining to services hereunder.
V.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both CITY and CONSULTANT shall comply with all applicable
laws, ordinances and codes of state and local governments.
VI.
DOCUMENTS:
A. CONSULTANT agrees that all documents maintained and
generated pursuant to this Agreement shall be subject to all
provisions of the Public Records Law, Chapter 119, Florida
Statutes.'
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B. CONSULTANT further agrees that any information,
writings, maps, contract documents, reports or any other matter
whatsoever which is given by CITY to CONSULTANT pursuant to this
Agreement shall at all times remain the property of CITY and
shall not be used by CONSULTANT for any purposes other than
contemplated by this Agreement whatsoever without the written
consent of the CITY.
VII.
NONDELEGABILITY:
The substantive obligations undertaken by CONSULTANT
pursuant to this Agreement shall be delegated to other persons or
firms not regularly associated with CONSULTANT only upon the
prior written consent of the CITY. Such persons or firms shall
comply with all of the provisions of this agreement, particularly
the provisions of Section X(D). Nothing herein shall preclude
CONSULTANT, without prior CITY approval, from seeking the advice
or assistance of others, at CONSULTANT's own expense, so long as
such persons or firms do not have authority to represent that
they are acting on behalf of CITY. The services of such persons
or firms having conflicting interests as described in Section
X(D) of this Agreement shall not be utilized by CONSULTANT in
respect to services provided hereunder.
VIII.
AWARD OF AGREEMENT:
CONSULTANT warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this Agreement
94- 335
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and that it has not offered to pay, paid, or agreed to pay any
person employed by CITY any fee, commission percentage, brokerage
fee, or gift of any kind contingent upon or resulting from the
award of this Agreement.
IX.
INDEMNIFICATION:
CONSULTANT shall indemnify, defend and save CITY, its
officers, employees and agents harmless from and against any and
all claims, liabilities, losses, and causes of action which may
arise out of CONSULTANT's negligent act or omission or willful
misconduct under this Agreement and, from and against any orders,
judgments, or decrees which may be entered as a result of such
acts of CONSULTANT and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof.
X.
CONFLICT OF INTEREST:
A. CONSULTANT 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 indirect, with CITY. CONSULTANT
further covenants that, in the performance of this
Agreement, no person or entity having such conflicting
interest shall be utilized in respect to * services
provided hereunder. Any such conflict of interest(s) on the part
of CONSULTANT, its employees or associated persons, or entities
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must be disclosed in writing to CITY.
B. CONSULTANT is aware of the conflict of interest laws of
the City of Miami (City of Miami Code 2, Article V), Dade County
Florida (Dade County Code Section 2-11.1) and the State of
Florida, and agrees that it shall fully comply in all
respects with the terms of said laws and any future
amendments thereto.
C. CONSULTANT shall decline proffered employment by
another client(s) if the exercise of his or her
independent professional judgment on behalf of CITY, on any
matter directly related to the services described in and
the legislative matters previously and specifically identified
pursuant to Section II, of this Agreement, will be or is
likely to be adversely affected by the acceptance of such
proffered employment; provided, however, that CONSULTANT may
represent a client(s) with an interest adverse to CITY if the
subject matter of such representation is not related to the
services described in Section II, and CITY hereby waives
any conflict or alleged conflict with respect to such
representation.
D. CONSULTANT shall not delegate the substantive
obligations undertaken hereunder to any person or entity who
exercise any functions or responsibilities on his/her personal
behalf or on behalf of any other client(s) if the subject
matter of such representation is related to the services
94_ 335
described in Section II of this Agreement and if such
representation will or is likely to compete with the interests
of CITY or adversely affect the interests of CITY and the
obligations undertaken hereunder by CONSULTANT.
XI.
CONSULTANT, its employees and agents shall be deemed to be
independent contractors, and not agents or employees of CITY, and
shall not attain any rights or benefits under the Civil Service
or Pension Ordinances of CITY, or any rights generally afforded
classified or unclassified employees; further it shall not be
deemed entitled to the Florida Workers, Compensation benefits as
an employee of CITY.
F R-0
TERMINATION OF AGREEMENT:
Both parties to this Agreement shall have the right to
terminate this Agreement upon thirty (30) days written notice to
the other party hereto. In the event of termination of this
Agreement, CONSULTANT shall receive payment for services rendered
prior to termination plus any expenses incurred through the date
of termination, subject to the limitations set forth in paragraph
III, which are incurred and unpaid at the time of termination.
CONSULTANT shall be entitled to no other fees or compensation.
XIII.
NONDISCRIMINATION:
CONSULTANT agrees that it shall not discriminate as to race,
8 94- 335
sex, color, creed, handicap or national origin in connection
with its performance under this Agreement.
XIV.
MINORITY PROCUREMENT COMPLIANCE:
CONSULTANT acknowledges that it has been furnished a copy of
Ordinance No. 10538, the Minority Procurement Ordinance of the
City of Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
►�
CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability
of funds and continued authorization for program activities and
is subject to amendment or termination due to lack of funds, or
authorization, reduction of funds, and/or change in regulations.
XVI.
WAIVERS AND AMENDMENTS:
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
XVII.
NOTICES
All notices, requests, demands and other communications
which are required or may be given under this Agreement shall be
in writing and shall be deemed to have been duly given if
delivered personally .or sent by registered or certified mail,
return receipt requested, postage prepaid:
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— 335
If the CITY:
With a copy to:
If to CONSULTANT:
City of Miami
3500 Pan American Drive
Miami, FL 33133
Attn: City Manager
City Attorney's Office
300 Biscayne Blvd. Way
Suite 300
Miami, Florida 33131
Sylvester A. Lukis
One East Lenox Street
Chevy Chase, MD 20815
or to such other address as any party shall have specified by
notice in writing to the other.
XVIII.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the
parties hereto with respect to the subject matter hereof.
XIX.
BINDING EFFECT; BENEFITS:
This Agreement shall inure to the benefit of and be binding
upon the parties hereto and their respective successors; nothing
in this Agreement, expressed or implied, is intended to confer on
any other person other than the parties hereto, or their
respective successors, any rights, remedies, obligations or
liabilities under or by reason of this Agreement.
XX.
APPLICABLE LAW:
This Agreement and the legal relations between the parties
hereto shall be governed and construed in accordance with the
laws of the State of Florida and venue shall be in Dade County,
• Florida.
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XXI.
SECTION AND OTHER HEADINGS:
The section and other headings contained in this Agreement
are for reference purposes only and shall not affect the meaning
or interpretation of this Agreement.
XXII.
SEVERABILITY:
Should any paragraphs, sentences, words or phrases contained
in this Agreement be determined by a court of competent
jurisdiction to be invalid, illegal or otherwise unenforceable
under the laws of the State of Florida or of the City of Miami,
such provisions, paragraphs, sentences, words or phrases shall be
deemed modified to the extent necessary in order to conform with
such laws, or if not modified to conform with such laws, then
same shall be deemed severable, and in either event, the
remaining terms and provisions of this Agreement shall remain
unmodified and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized, this day of 1994.
ATTEST:
MATTY HIRAI
City Clerk
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By.
• CESAR H. ODIO
City Manager
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94- 335
CONSULTANT:
SYLVESTER A. LUKIS
By:
SYLVESTER A. LUKIS
Attorney
(As to CONSULTANT)
}
APPROVED AS TO INSURANCE:
Funk K. Rollason,'Deputy Chief
Risk Management Division
APPROVED AS TO FORM AND CORRECTNESS:
A. QUINN JONES, III
City Attorney
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94- 335
TO :
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
FROM : CeS io
Cit age
RECOMMENDATION
47
DATE : FILE
APR 2 6 1994
SUBJECT :
Sylvester Lukis,
Agreement 1994-95
REFERENCES:
ENCLOSURES : Resolution; Agreement
It is respectfully recommended that the City Commission adopt the
proposed Resolution authorizing the City Manager to enter into a
Professional Services Agreement with Sylvester A. Lukis, to serve
as a legislative consultant in Washington, D.C., and allocating
$49,950.00 payable in 12 equal monthly installments, and a
maximum of $7,500.00 for reimbursable expenses, for a total of
$57,450.00, from the Legislative Liaison General Fund.
BACKGROUND
The City Manager has contracted with Sylvester A. Lukis since
April, 1981, to serve as a legislative consultant for the City
in Washington, D.C. He has worked directly with the City
Commission and administration in representing the interests of
the City in Washington on the City's federal legislative and
administrative priorities. Mr. Lukis provided significant
assistance to the City in helping to obtain federal financial
participation in the expansion of Biscayne Boulevard in support
of the Burle-Marx project. He has also assisted in arranging
meetings for the Mayor and City Manager with Secretary Cisneros
and other appropriate officials in support of the City's
application to become one of six national empowerment zones in
order to foster economic development in depressed neighborhoods
in Miami. He also assisted the City in its efforts to negotiate
with the U.S. Navy over the siting of a homeless assistance
center in Coconut Grove. He also assists the City in monitoring
and following up on federal grant applications such as the recent
$2 million grant the police department received in support of the
City's community policing efforts.
The City needs continuous and in-depth representation in
legislative and administrative matters in Washington, D.C. Mr.
Lukis has successfully provided that representation in the past,
and will continue to do so in the future. His personal contacts
with various Federal Department officials have contributed to his
success in representing the City.
The Agreement is effective May 1, 1994 through April 30, 1995.
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