HomeMy WebLinkAboutR-89-03541- 89-298 �
3/39/R9
RESOLUTION NO. 99-3 1.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY. IaITH
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 A11 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, FL011IDA:
Section 1. The City Manager is hereby authorized to execute
an agreement, in a form acceptable to the City Attorney, with
Sylvester Lukis, to continue to provide legislative consultant
services concerning Federal legislation and administrative
activities which impact upon the City of Miami.
F
MMISSION I
ING OF
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EMARKS:
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Section 2. An amount not to exceed $45.000 is hereby
allocated for said agreement with an additional amount not to
exceed $3,000 for reimbursable expenses under said agreement from
the Legislative Liaison General Fund.
PASSED AND ADOPTED this 13th day of April , 1989•
)O��
XAVIER L.
MnvnR
L
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the/ City Commission
DATE : APR FILE
SUEUECT: Sylvester Lukis,
Agreement 1989-90
I FROM : Cesar F1. Od 1 o REFERENCES:
City Manager
ENCLOSURES: Resolution; Agreement
RECOMMENDATION
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 Lukis, to serve as
a legislative consultant in Washington, D.C., and allocating
$45,000.00 for personal services 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' has contracted with Sylvester Lukis since April, 1981,
to serve as a legislative consultant for the City in 1 ashington,
D.C. He has worked directly with the City Commission and
administration in representing the interests of the City in
Washington. I -le provided significant assistance in the City in
connection with the Southeast Cvertown/Park Ue-st afforda131e
housing deve1op►�iient project, C_i.vic Park I'i.aza, neu 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 1988-89
Agreement.
_ The Agreement is effective May 1, 1989 through AprilQ 3.
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LAW OFFICES
M VESTER LUIQS & ASSOCIATES, P.C.
510 MADISON OFFICE DUIMING
1155 15th STREET, N.W.
WASHINGTON, D.C. 20005
(202) 429.1626
!!Welax: (202) 331.7892
March 27, 1989
Mr. Cesar Odio
City Manager, City of Miami
3500 Pan American Drive
Miami, Florida 33133
Dear Mr. Manager:
ki
I have recently sent you my signed Professional Service
Agreement with the City of Miami for the upcoming year beginning
May 1, 1989 through April 30., 1990. The agreement is identical
to the agrement we are about to conclude.
The past year has been a successful one in terms of the
City's direct return in Federal and State dollars from my
services, and in savings to the City from proposed actions on the
part of the Federal. Government but were not carried out, - -� due
in significant part: to my lobbying services and those of you
personally and your staff. in the past, our services this
year also included assistance to the City in obtaining approvals
from the Cove-rnor and iris Cabinet (:1n i.t.( rr.:: in uhi.ch '€:.17.c- city uas
interested.
For eXam ale, Sylvester Lukic and A.ssaclat(a.s, P.C. assisted
sted
the City in connection with the following matters:
* Approval by the U.S. Department of Labor to
reconsider its initial wage rate determination
regarding development of the Southeast overtown/
Park West Project and thus saving the developers
significant dollars in wages on this project and
ensuring the creation of additional essential
affordable housing in downtown Miami.
* Approval. by U.S. Congressional Conferees
considering the final provisions of the Technical
Corrections Act (to the 1986 Tax Act) to provide
a $200 million authorization of tax exempt bonds
to finance the construction of phase one of the
Southeast Overtown Park West Development. Pre-
--3 11,
1986 accelerated depreciation tax rules will
also apply to this project as a result of this
approval. Congress had been considering a
limitation of $9 million on the amount of tax
exempt bonds for this project, which would have
effectively killed the project.
Approval by the Governor of $400,000 for a
City marketing venture in preparation for the
1989 world convention in Miami of the
American Society of Travel Agents.
Approval by the Governor and cabinet of an
Agreement between the State and the City to
construct a 1750 space parking facility in
downtown Miami.
Lobbying the U.S. Department of Health and
Human Services, Office of Community Services,
regarding grant proposals totalling more than
$1 million to promote economic development
activities directly benefitting low income
and elderly persons in Miami's targeted
economic development areas.
Approval of the use of Federal Community
Development Block Grant monies for the purchase
of equi.pitie nt by the- Ki.ani•-Dade Community College
for the developnirrit o-E the Liberty City
Entrepreneurial institute Center in Rode]. City
without having to trigger Davis -Beacon work rules.
Approval by the U.S. General Services Adriini--
stration to grant title to Miami of 38 trailers to
house the city's homeless.
Approval by INS Commission Nelson to provide
work permits for 230 Nicaraguan refugees who
were sheltered at the City's temporary housing
facility at Bobby Maduro Stadium.
Approval by the U.S. Attorney General to
recommend to the President and the Office of
Management and Budget that the City's costs in
providing food, clothing, shelter, medical and
other services to the latest influx of
Nicaraguans be adequately reimbursed by appro-
priate Federal agencies.
-'~ 5 r.
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Mr. Cesar Odio
March 27, 1989
Page Three
* Approval by the U.S. Department of Health and
Human Services to continue providing so-called
targeted assistance dollars to offset local
costs of providing health, welfare and social
services to refugees at present levels, instead
of going forward with proposed cutbacks of
several million dollars.
* Approval by INS Commissioner Nelson to investi-
gate allegations of disparate treatment of Haitian
refugees by local INS agents.
Next year's lobbying activities on behalf of the city in
Washington and Tallahassee should prove equally challenging. As
you know, among other things, we are pursuing a transitional
housing demonstration grant from U.S. HUD to help offset the
City's costs of housing its homeless; Army Corps of Engineer
approval of a clean-up program of the Miami River; Federal urban
development assistance to establish a Latin Quarter Tourist and
specialty Center in the Little Havana section of Miami; a
stretch -out of the time period the City has to pay back a Federal
loan under section 108 of the Federal Community Development Block
Grant Program; Federal DOT assistance to relieve gridlock on
Miami's interstate highway system; Federal. DOT assistance with
the Hew t,dorld. Design for Biscayne Boulevard conceived by Roberto
Burle: Marx; and approval by the: Governor of the city's Growth
Management Plan and various line items in the City c priority
legislative agenda during the upcc i-Ang session of tees Florida
stare legislature.
I Am proud to have had the honor of worl:i.n g iai th you, your
staff and the mayor and City CortuAssioners on tiiami.'s Federal and
State intergovernmental and legislative agendas for the past
several years and look forward to another productive year of
services.
.Sincerely,
Sylv ex
Lukis
SAL/prn
89-354
95
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of , 1989
by and between the Ci ty of Mi ami , a muni ci pal corporation of the
State of I=1 on da. h e r e i naf ter 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 fund:; and
WHEREAS, CONSULTANT's expertise will assist the CITY in its
efforts to obtain 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, 1989 through
April 30. 1990.
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
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organizational planning and program activity which has
a bearing on the ability of the CITY to make the best
use of fccieral programs: and
(2)
Maintain liaison with the CITY's Congressional
_
Delegation. and ha].I assist the Delegation in any
matter which the CITY detemines to be in its best
r
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
proposal:, 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
i
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 the Federal Revenue Sharing and/or Community
Development Block Grant or other major programs to
determine their impact on the CITY ai.d talke the
G
necessary steps as inut.ually agreed upon to bri.ng 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. and documented out-of-pocket expenses not
to exceed $3,000.00.
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B. Such compensation shall be paid on the following bases:
Twelve (12) equal. monthly installments of $3.'750.00,
beginning flay 1 . 1989, Plus documented out-of-pocket
expenses, reimbursed by monthly invoice, not to exceed
$3.000.00.
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,
ordinances and codes of federal, state and local governments.
M
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 M11AMI CONSULTANT
City Managerls Office Sylvester A. Lukis
3500 Par', Ain,�ri can Drive 510 Miadi san Office Bldg.
Miami, Florida 33133 1 155 15 h ,3treet, N.W.
Washington, D.C. 20005
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
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99-3 54
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the same or any other provision hereof. and no waiver
shall be effective unless made in writing.
E. Should any provisions. paragraphs. sentences, words or
phrases contained in this Agreement he determined by a
court of competent juridiction to be invalid, illegal
or otherwise unenforceable under the laws of the State
of F1 orida c;r° the Ci ty of Mi ami , such provisions,
paragraph:. 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 ;hall be deemed severable, and in
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 1191 Florida Stztutes.
It is further understood by and beti,,een the parties that any
information, writings. ma1).;, contract document_", reports or any
other matter what:-,o,-ver bJ}1i c;i1 is gi v�n by CITY to CONSULTANT
pursuant to this Agreement s hjll. at 1.1 tunes remain the property
of CITY and shall not be used by C014SULTA14T 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
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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.
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.
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
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action which may arise out of 1'7ONSULTANT'S activities under this
Agreement, including all other acts or omissions to act; on the
part of CONSULTANT, i ncIodi n anacting for or on its
behalf, and. from and against any orders, judt7ments, or decrees
which may be entered and from and against; all. <,�sts. attorneys'
fees, expenses and li abi 1 i ti es incurred in the defense of any
such claims, or in the investigation thereof.
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.
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89-354•
- XV.
TERMINATION OF CONTRACT:
CITY retain: the right to terminate this Agreement at
any
time prior tr the completion of the services required pursuant
to
-''• paragraph II hereof Without penalty to CITY. In that event,
noti ce of termi nati un 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
—3 CONSULTANT shall be made only if said CONSULTANT is not
in
default under the terms of this Agreement. If CONSULTANT is
in
i�
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 subject,�d to di scrimi nation 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.
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XVIII.
CONTINGENCY CLAUSE:
Funding foa~ this Agreement is contingent on the availability
of funds and Conti need a,ut.hori zation for program activities and
i.s subjer..t t.,) amendment or termi nation 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
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,
negotiation,, 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.
89-3 4
aim
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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:
✓ s to CONS LTAN'I`
APPROVED AS TO INSURANCE
REQUIREMENTS:
SEGUNDO ,R- PEREZ
InsuraWce Coord -nator
CITY OF MIAMI. a municipal
Corporation of the State of
Florida
By:
CESAR H. ODIO
City Manager
CONSULTANT:
By: '�I,
SY ESTER A. LUKIS
At orney
APPROVED AS TO FORM AND
CORRECTNESS:
JO GE L.--IIERNANDEZ
City AttorneyOJI/I
6
89— 4.
-021
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY. WITH
SYLVESTER A. LUK IS, FOR PROFESSIONAL
LEGISLATIVE CONSULTANT SE ICES C014CERNI14G
FEDERAL LEGISLATION WHICH IMPACTS ON THE
CITY OF MIAMI; ALLOCATING THEREFOR AN
AMOUNT NOT TO EXCEED $45.000 FOR SUCH
SERVICES, AND AN AMOUNT 14OT TO EXCEED
$3.000 FOR REIMBURSABLE EXPENSES FROM THE
LEGISLATIVE LIAIS014 GE14ERAL 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 'nest 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 COMMISSIO14 OF THE CITY OF
MIAMI. FLORIDA :
Section 1. The City Manager is hereby authorized to execute
an agreement, in a form acceptable to the City Attorney, with
Sylvester Lukis. to continue to provide legislative consultant
services concerning Federal legislation and administrative
activities which impact upon the City of Miami.
89-3.54.
K]
K",
Section 2. An amount not to exceed $45.000 is hereby
allocated for said agreement with an additional amount not to
exceed $3.000 for reimbursable expenses under said agreement from
the Legislative Liaison General Fund.
PASSED AND ADOPTED this day of , 1989•
XAVIER L. SUAREZ
MAYOR