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HomeMy WebLinkAboutR-90-0352AM J-90-335 4/23/90 RESOLUTION NO.9Q*0 352 A RESOLUTIONjIJAUTHORIZING 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 IMPACT'S 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: Section 1. 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. 1J For City Clerk Reference, there is an attachment to this Resolution. ATTACHMENTS CONTAINED CITY COMMISSION MEETING OF MAY 24 1990 9a-6 354 NFSO1.itYft� Fla, i - -- Section 2. An amount not to exceed V15,000 is hereby allocated for said serviees with an additional amount not to exceed $3,000 for reimbursable expenses from the Legislative 1,iaison General Fund. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 24th da.y of lq XAVIER L. SUAR Z MAYOR CITY CLERK BUDGETARY REVIEW AND APPROVAL: MA AR S. SURANA B GET DEPARTMENT PREPARED AND APPROVED BY: UMBERTO 0. HERNANDEZ ASSISTA14T CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: �wJOR138 L. ERNANDEZ CITY ATTO NEY l 90- 352 FROFES' 512IIAL S `iV E. 5 AGREE";ENT This Agreement entered into this day of , 1990 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, 1990 through April 30, 1991. 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 'MEN REtuitioNG FOR Fai 1 REVIEW, PUASE IDENTIFY AS ...�-� co organizational planning and program activity which has a bearing on the ability of the CITY to male the best use of federal programs: and (2) Haintain liaison with the CITY's Congressional Delegation, and shall assist the Delegation in any + matter which the CITY determines to be in its best j = interest; and (3) Counsel with the CITY regarding appearances by CITY - personnel before Congressional Committees and federal administrative agencies; and i- (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. 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. 2 90- 352 R Such campensation shall. he paid can the fol.l.owing bases: Twelve (12) equal monthly installments of $ 3,750.00, -- beginning May 1. 1990, 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 888 17th Street, N.W. Miami, Florida 33133 Suite 904 Washington, D.C. 20006 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 90- 352 LZ U. the same or F:ny �,ther provision hereof, and no waiver shall be effective unless made in writing. E. Shou1d any provisions, 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 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 modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining term:: and provisions of this Agreement shall remain unmodified and in full force and effect VI. OW14ERSHIP 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. NONDELEGABILITY: That the obligations undertaken by CONSULTANT pursuant to this agreement shall not be delegated or assigned to any other 4 90- 952 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. VIII. AUDIT RIGHTS: CITY reserves the right to audit the records of CONSULTANT at any time during the performance of this Agreement and for a period of one year after final payment is made under this 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. -a X I . 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 5 90- 35 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 _E not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. 6 90- 352 XV. TERMINATION OF CONTRACT: 3 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 with its performance under this Agreement. ' 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 program or activity receiving federal financial assistance. _ 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 amendments thereto. J 7 90- 352 e l XJIII. 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. _ XIX. — Vm 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 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 forthwith returned to CITY. XX. ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said grant and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. XXI. AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. i 90... 302 le,, I" a 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. ATTEST: MATTY HIRAI City Clerk WITNESSES: As to CONS LTANT APPROVED AS TO INSURANCE: SEGUNDO/'R. PEREV' Insur", ce Coor�(nator CITY OF MIAMI, a municipal Corporation of the State of Florida By: CESAR H. ODIO City Manager CONSULTANTz SYLVEST R A. LUKIS� U y : YVJ SY STER A. UKIS r A orney APPROVED AS TO FORM AND CORRECTNESS: !\ .. a-. A HN City At t 9 90- 352 CA TV OF :11pr.91 F! ORIDA INTER -OFFICE MEMORANDUM M28 Honorable t,Iayor and I'lembers DATE ; ,•� ':�.I� -- of t. City Commi,-,3iun - :.r Ec- ;ylvest:er Luki., /[fV Agrt ement 1??0-0, Cesar H . Od i o 0E-=REPJCES City tManager E'JCLOSURESResolution; ?`10,7reement RECOHMEli DAT ION It is respectfully recommended that the City Commission adopt the proposed Resolution authorizing the City ?clanager to enter into a Professional Services Agreement with Sylvester A. Lukis, to 3er:•e as a legislative consultant in Washington, D.C. , and allocating; sc45,000.00 for personal services payable in i2 equal mr)nth'ly installments of $3,750.00, and a maximum of 3,000.00 for reimbursable expenses, for a total of 4 000.00, rom the Legislative Liaison General Fund. EACKGRCUND The City Manager has contracted wits Sylvester A . L_ t in �C April, 10,81, to serve as a legislative consultant for the City in r.'ashinrton, D.C. He has worked directly with the City Commission and administration in repre3enting the interests of the City in Washington. tie provided significant assistance t3 the City in connection with the Southeast 0vertown/Park %est affordable housing development project, Civic Park Plaza, rlew orderly departure of immigrants from Cuba, and also played a significant role in a lobbying effort to defeat trie Administration's proposed 101% cutback in FY '87 Community Development Kock Crant Program, saving the City several hundred thousand dollar. The City needs continuous and in-depth representation in legislative and administrative matters in Wazhington, D. ;. 'Ir. Lukis has successfully provided that repreoentation in the pa3t, and will continue to do so ir, the future. His personal nont.act:3 with various Federal Department o`ficial3 have (­)ntrituteJ tc 1-,i_. Jucces , in representinci the City. T`Je tr;tal compensation of '43,000 i the ..«me in Ili and 1q8'?-010 Agreement:, . T i i e A reement is effeetiv 'gay 1, I throu7h Apri'_ J.