HomeMy WebLinkAboutR-92-0214J-92-259 .
3/23/92
RESOLUTION NO. 9 2- 214
A RESOLUTION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, 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 THEREFOR AN AMOUNT NOT TO EXCEED
$45,000 FOR SUCH SERVICES, AND AN 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 application
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 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, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
ATTAiNME6dT (S)I
CONTAINED
CITY COMMISSION
MEETI1-G OF
APR 0 2
Resolution No.
92- 214
Section 1. The recitals and fi.ndi.ngs contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to execute
an agreement, in substantially the attached form, with Sylvester
A. Lukis, for professional legislative consultant services
concerning Federal legislation and administrative activities
which impact upon the City of Miami.
Section 3. An amount not to exceed $45,000 is hereby
allocated for said services with an additional amount not to
exceed $3,000 for reimbursable expenses from the Legislative
Liaison General Fund.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 2nd day of April ,,--711992.
ATTES
MATTr HIRAI
CITY CLERK
BUDGETARY REVIEW AND APPROVAL:
MANOHAR S. ANA
BUDGET DEPA MENT
PREPARED AND APPROVED BY:
et ( i
CARMEN L. LEON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
/'// -1w o-1 )
QVINN ,d0 ES, III
CITY ATTyJB EY
92- 214
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of , 1992
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, 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, 1992 through
April 30, 1993.
II.
SCOPE OF SERVICES:
CONSULTANT shall
(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
92- 214
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
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.
III.
COMPENSATION:
A.
CITY shall pay CONSULTANT, as maximum compensation for
the services required pursuant to Paragraph II hereof,
$45,000.00, documented and out-of-pocket expenses not
to exceed $3,000.00 annually.
92-- 21A
2
B. Such compensation shall be paid on the following bases:
Twelve (12) equal monthly installments of $3,750.00,
beginning May 1, 1992, plus documented out-of-pocket
expenses, reimbursed by monthly invoice, not to exceed
$3,000.00 annually.
C. CITY shall have the right to review and audit the time
records and related records of CONSULTANT pertaining to
any payments by the CITY.
IV.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws,
ordinance and codes of federal, state and local governments.
V.
GENERAL CONDITIONS:
A. All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing
and shall be delivered by personal service, or by
registered mail addressed to the other party at the
address indicated herein or as the same may be changed
from time to time. Such notice shall be deemed given on
the day on which personally served; or, if by mail, on
the fifth day after being posted or the date of actual
receipt, whichever is earlier.
CITY OF MIAMI CONSULTANT
City Manager's Office Sylvester A. Lukis
3500 Pan American Drive One East Lenox Street
Miami, Florida 33133 Chevy Chase, MD 20815
B. Title and paragraph headings are for convenient
reference and are not a part of this agreement.
C. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall
rule.
D. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of
3 92- 214
�i the same or any other provision hereof, and no waiver
i
i shall be effective unless made in writing.
E. Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a
i
court of competent jurisdiction to be invalid, illegal
i
j f or otherwise unenforceable under the laws of the State
of Florida or the City of Miami, such provisions,
!� j paragraphs, sentences, words or phrases shall be deemed
s modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with
k
such laws, then same shall be deemed severable, and in
I�
either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and
effect
VI.
OWNERSHIP OF DOCUMENTS
All documents developed by CONSULTANT under this Agreement
shall be delivered to CITY by said CONSULTANT upon completion of
the services required pursuant to paragraph II hereof and shall
become the property of CITY, without restriction or limitation on
its use. CONSULTANT agrees that all documents maintained and
generated pursuant to this contractual relationship between CITY
and CONSULTANT shall be subject to all provisions of the Public
Records Law, Chapter 119, Florida Statutes.
It is further understood by and between the parties 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 other
purposes whatsoever without the written consent of CITY.
VII.
NONDELECABILITY:
That the obligations undertaken by CONSULTANT pursuant to
this agreement shall not be delegated or assigned to any other
4 92- 214
I
c i
i{ person or firm unless CITY shall first consent in writing to the
performance or assignment of such service or any part thereof by
another person or firm.
i VIII.
! AUDIT RIGHTS:
444j CITY reserves the right to audit the records of CONSULTANT
at any time during the performance of this Agreement and for a
1 .
{ period of one year after final payment is made finder this
j Agreement.
IX.
AWARD OF AGREEMENT:
CONSULTANT warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this Agreement
and that it has not offered to pay, paid, or agreed to pay any
person employed by the CITY any fee, commission percentage,
brokerage fee, or gift of any kind contingent upon or resulting
from the award of this Agreement.
X.
CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
XI.
SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
XII.
INDEMNIFICATION:
CONSULTANT shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and causes of
92- 214
5
action which may arise out of CONSULTANT'S activities under this
Agreement, including all other acts or omissions to act on the
part of CONSULTANT, including any person acting for or on its
behalf, and, from and against any orders, judgments, or decrees
which may be entered and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof.
XIII.
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 having such conflicting interest shall
be employed. Any such interests on the part of the
CONSULTANT or its employees, must be disclosed in writing to
the 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.
XIV.
INDEPENDENT CONTRACTOR:
CONSULTANT and 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 he shall
not be deemed entitled to the Florida Workers' Compensation
benefits as an employee of CITY.
1
92- 214
XV.
TERMINATION OF CONTRACT:
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required pursuant to
paragraph II hereof without penalty to CITY. In that event,
notice of termination of this Agreement shall be in writing to
CONSULTANT, who shall be paid for those services performed prior
• to the date of its receipt of the notice of termination. In no
case, however, will CITY pay CONSULTANT an amount in excess of
the total sum provided by this Agreement.
It is hereby understood by and between CITY and CONSULTANT
that any payment made in accordance with this Section to
CONSULTANT shall be made only if said CONSULTANT is not in
default under the terms of this Agreement. If CONSULTANT is in
default, then CITY shall in no way be obligated and shall not pay
to CONSULTANT any sum whatsoever.
XVI.
NONDISCRIMINATION:
CONSULTANT agrees that it shall not discriminate as to race,
sex, color, creed, national origin, or handicap in connection
i with its performance under this Agreement.
i
i
Furthermore that no otherwise qualified individual shall,
solely by reason of his/her race, sex, color, creed, national
origin, or handicap, be excluded from the participation in, be
denied benefits of, or be subjected to discrimination under any
i
program or activity receiving federal financial assistance.
I
1
XVII.
MINORITY PROCUREMENT COMPLIANCE:
CONSULTANT acknowledges that it has been furnished a copy of
Ordinance No. 10062, the Minority Procurement Ordinance of the
City of Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including any
1
amendments thereto.
i
j
i
{ 92- 214
7
f
XVIII.
CONTINGENCY CLAUSE:
9 }
Funding for this Agreement is contingent on the availability
1
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.
XIX.
DEFAULT PROVISION:
In the event that CONSULTANT shall fail to comply with each
and every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein, then
t
CITY, at its sole option, upon written notice to CONSULTANT may
cancel and terminate this Agreement, and all payments, advances,
or other compensation paid to CONSULTANT by CITY while CONSULTANT
was in default of the provisions herein contained, shall be
i
I forthwith returned to CITY.
XX.
ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and
J only Agreement of the parties hereto relating to said grant and
x
correctly sets forth the rights, duties, and obligations of each
I
-
to the other as of its date. Any prior agreements, promises,
•
i I
-
negotiations, or representations not expressly set forth in this
�
Agreement are of no force or effect.
1
i
XXI.
r
AMENDMENTS:
1
t
I
No amendments to this Agreement shall be binding on either
}
party unless in writing and signed by both parties.
ri
!
s
i�
!
1
3
i
1
#
92- 214
,
Al
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized, this day and year first above written.
CITY OF MIAMI, a municipal
Corporation of the State of
ATTEST: Florida
MATTY HIRAI
City Clerk
WITNESSES:
As to CONSULTANT
APPROVED AS TO INSURANCE:
SEGUNDO R. PEREZ
Insurance Coordinator
9y :
CESAR H. ODIO
City Manager
CONSULTANT:
SYLVESTER A. LUKIS
By:
SYLVESTER A. LUKIS
Attorney
0
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES III
City Attorney
92- 214-
CITY OF MIAMI, FLORIDA ` ,
INTER -OFFICE MEMORANDUM
CA=1 -
TO Honorable Mayor and Members
of the ity Commission
FROM : Cesar H. Odio
City Manager
RECOMMENDATION
DATE : MAR 2 51992 FILE
SUBJECT. Sylvester Lukis,
Agreement 1992-93
REFERENCES.
ENCLOSURES Be solution; 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 187 Community
Development Block Grant Program, saving the City several hundred
thousand dollars.
1
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 three
previous Agreements.
The Agreement is effective May 1, 1992 through April 30, 1993•
i
92- 214
CA/1-1