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HomeMy WebLinkAboutR-93-0227Z-93 -241 4/1/9U RESOLUTION NO. 9 3" 2 2 7 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGRREMENT , IN SUBSTANTIALLY THE ATTACHED FORM, WITH SYLVESTER A. LUKIS, FOR PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES CONCERNING FEDERAL LEGISLATION WHICH IMPACTS ON THE CITY OF MIAMI; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $45,000 FOR SAID SERVICES, AND AN ADDITIONAL AMOUNT NOT TO EXCEED $3,000 FOR REIMBURSABLE EXPENSES, FROM THE LEGISLATIVE LIAISON GENERAL FUND. WHEREAS, the City of Miami has used 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 obtaining approval of its applications in connection with the Southeast Overtown/Park West Redevelopment Project, Civic Park Plaza, New Orderly Departure Program of Immigrants From Cuba, as well as other activities and events; and WHEREAS, the City will need continued expertise in Washington, D.C. to represent the City's interests for ongoing legislative matters; and WHEREAS, the City is desirous of continuing Miami's representation in Washington, D.C. by Sylvester A. Lukis; ATTACHMENT (S)I CONTAINED Ci?Y COmasnow JMTING 4F APR 15 1993 9 3� 7 i NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION Off' THE CITY Off' MIAMI , PLORIDA : aedtion 1, The reoitals and findings oontained in the Preamble to this Resolution are hereby adopted by referenoe thereto and incorporated herein as if fully set forth in this Seotion. Seotion 2. The City Manager is hereby authorized to exeoute an agreement, in substantially the attaohed form, with Sylvester A. Lukas, for professional legislative oonsultant servioes oonoerning federal legislation whioh impaots on the City of Miami, with funds therefor hereby allooated in an amount not to exoeed $45,000 for said servioes, and an additional amount not to exoeed $3,000 for reimbursable expenses, from the Legislative Liaison General Fund. Seotion 3. This Resolution immediately upon its adoption. shall beoome effeotive PASSED AND ADOPTED this 15th day of CITY CLERK -2_ XAVIER 1993. UAREZ, MAYOR 93" - 227 F 71- BUDGETARY REV19V AND APPROVAL: LAO", Aff" S. at-j"N"A rolg0 ANT CITY MANAGER p PREPARED An APPROVED BY: 00 CARMEN L. LEON' ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A.'- QUZIM d III CITY ATTO BSS:M3537 7 -3- 93- 22-7 I PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of 1993, 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." RECITAL: WHEREAS, the CONSULTANT has provided legislative consulting services in Washington, A.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: I. TERM: The term of this Agreement shall be from May 11 1993 through April 30, 1994. OK 937 22 17 A SCOPE OF S9RVIC95 t A. During the term of this Agreement, and when requested by CITY through the Mayor, the City Manager or representatives specifically designated by them to deal. with CONSULTANT, CONSULTANT shall provide the following services to CITYt 1. Confer with the Mayor, the City Commissioners, the City Ranager, 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 beat 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 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 C1 aY, and takt: Lhoo 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. III. COMPENSATIONS A. Fees. CITY shall pay a maximum of Forty -Five Thousand Dollars ($458,000.00), to CONSULTANT as consideration for CONSULTANT's services hereunder. Payment shall be made by CITY upon receipt of monthly invoices from CONSULTANT. 3 93- 227 B. Expenses. CITY shall reimburse CONSULTANT for reasonable expenses incurred by CONSULTANT and its employees, agents, subcontractors or representatives during the term of the i 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, where applicable. C. The maximum compensation to be paid by the CITY for fees and expenses incurred by CONSULTANT is Forty -Eight Thousand Dollars ($48,000.00). 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 LAWSt 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. 4 93- 227 g. 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 only to other persons or firms not regularly associated with CONSULTANT upon the prior consent of the CITY. Such persons or firms shall comply with the provisions of Section X(D) of this Agreement. 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 5 93- 227 and that it has not offered to pay, paid, or agreed to pay any person employed by CITY any fee, commission percentage, brokeraga 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. t. CONFLICT OF INTEREST:' A. CONSULTANT covenants that no person under its employ y, who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial z t, 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 s provided hereunder. Any such conflict of interest(s) on the part t of CONSULTANT, its employees or associated persons, or entities f e S. Y 9 3_ 227 6 ..........._....... must be disclosed in writing to CITY. 19. CONSULTANT is aware of the conflict of interest laws of the City of Mimi (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 a. t r_ x, i( Z. 93- 227 described in Section ix of this Agreement and if such representation will or is likely to compete with the interests a1 of CITY or adversely affect the interests of CITY and the obligations undertaken hereunder by CONSULTANT. XI. INDEPENDENT CONTRACTORI 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. XII. TERMINATION OF AGREEMENT: Both parties to this Agreement shall have the right to terminate this Agreement upon thirty 00) 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, subject to the limitations set forth in paragraph II, 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 { 93- 227 sex, color, creed, handicap or national origin in connection with its performance under this Agreement. XIV. MINORITY PROCUREMENT COMPLIANCEs 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. XV. CONTINGENCY CLAUSES 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: 93- 227 9 s t 1-\ 3 If the CITY: City of Miami 3500 Pan American Drive Miami, FL 33133 Attnt City Manager f With a copy tot City Attorney _ Miami, Florida =_ If to CONSULTANTt 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. N - XVIII.` ENTIRE AGREEMENT — This Agreement constitutes the entire agreement among 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 r 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 J respective successors, any rights, remedies, obligations or liabilities under or by reason of this Agreement. XX. �A APPLICABLE LAW: <xLL ;R This Agreement and the legal relations between the parties r: hereto shall be governed and construed in accordance with the E laws of the State of Florida and venue shall be in Dade County, Florida. 10 9 3 - 227 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. SEVERASILITY: 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 , 1993. ATTEST: MATTY HIRAI City Clerk CITY OF MIAMI, a municipal Corporation of the State of Florida By: CESAR H. ODIO City Manager 93- 227 11 WITN$SSESs (AS to CONSULTANT ) APPROVED AS TO INSURANCEI SUJAN S. CHHABRA Risk Management Department CONSULTANT: SYLVESTER A. LURIS Sys 5YLVESTER A. LURIS 11 Attorney APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III d.LZ. City Attorney 12 I CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM CAw 12 To. Honorable Mayor and Members of the ity Commission Cesar H. Odio FROM : City Manager RECOMMENDATION DATE : FILE SUBJECT: 1'*§]yIves1ter Lukis, Agreement 1993-94 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 $45,000.00 payable in 12 equal monthly installments of $3,750.00, and a maximum of $3,000.00 for reimbursable expenses, for a total of $48,000.00, 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. He provided significant assistance to the City in connection with the Southeast Overtown/Park West affordable housing development project, Civic Park Plaza, new orderly departure of immigrants from Cuba, and also played a significant role in a lobbying effort to defeat the Administration's proposed 10% cutback in FY '87 Community Development Block Grant Program, saving the City several hundred thousand dollars. 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 total compensation of $48,000 is the same as in his previous Agreements. j The Agreement is effective May 1, 1993 through April 30, 1994.' 93--.227 IT -/ `