Loading...
HomeMy WebLinkAboutR-88-0291J-88-306 49-291 . 04/06/68 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT. IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 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 connection with the Southeast Overtown/Park West affordable housing development 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 a form acceptable to the City Attorney, with Sylvester A. Lukis, to continue to provide legislative consultant services concerning Federal legislation and administrative activities which impact upon the City of Miami. ATTAWHMENTS `C rrf!�. CITY CONUT SION MEETING OF APR 14 1988 RESOLUTION No. �8-2911 u Section 2. An amount not to exceed $45,000 is hereby allocated for said agreement with an additional amount net to exceed $3,000 for reimbursable expenses under said agreement from the Legislative Liaison General Fund. PASSED AND ADOPTED this 14th day of Apr J1 . 1988. AVlrk=. SUARE:P� MAYOR A H I R A;I�N CITY CLERK BUDGETARY REVIEW AND APPROVAL: M ' •' j,rj-,q-RANA' • ' • 1 'ilGET PREPARED AND APPROVED BY: I �• l� Ai - CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY -2- S&"Z91 PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of , 1988 by and between the pity of Miami. a municipal vorperation 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 cf Miami since 1981; and WHEREAS. proposed federal budget reductions will affect 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, 1988 through April 30, 1989. 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 1 198-291 . a '? 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 the Federal Revenue Sharing and/or Community Development Block Grant or other major programs 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, and out-of-pocket expenses not to exceed $3,000.00 annually. 2 819-29j. . B. Such compensation shall by paid on the following bases: Twelve (12) equal monthly installments of $3.750.00. beginning May 1. 1989, plus out-cf-pooket expenses. reimbursed by monthly invcice. not to exceed $3.000.00 annually. C. CITY shall have the right to review and audit the time records and related records of (70NSULTANT 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 o. 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 510 Madison Office Bldg. Miami, Florida 33133 1155 15th Street, 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 3 Fis -291 _ the same or any other prevision hereof. and no waiver shall be effective unless made in writing. E. Should 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 ccnform with such laws. or if not modifiable 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 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 NONDELEGABILITY: That the obligations undertaken by CONSULTANT pursuant to this agreement shall not be delegated or assigned to any other 4 A9-29IL . person or firm unless r.ITY shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. YIII. 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. 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 P action which may arise out of CONSULTANT'S activities under this Agreement, including all other, acts or emissions 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 nests. attorneys' fees, expenses and liabilities 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. 1.1 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 these 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. XVI I. 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. XVIII. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and 7 A�-�91__ 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 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. 6 88"291_ w 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: CITY CLERK WITNESSES: APPROVED AS TO INSURANCE: CITY OF MIAMI, a municipal Corporation of the State of Florida By: CITY MANAGER CONSULTANT: SYLVESTR A. LUKIS y. ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY 4 9 0 EE? CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM Cesar H. Odi o City Manager RECOMMENDATION o^TE MAR 3 1 1989 ME SuuECT Sylvester A. Lukis Agreement 1988-89 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 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 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 Program of immigrants from Cuba, and also played a significant role in a lobbying effort to defeat the Administration's proposed 10% cut -back in FY 187 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 $48,000.00 is the same as in his last agreement, and is effective May 1, 1988 through April 30, 1989. 9 -/ NS -291. - a LAW OFFICES SYLVESTER LUKIS & ASSOCIATES, P C. UM MADISON OFFICE BUILDING 1155 15eh STREET, N W WASHINGTON. DC 2OW" (202) AIt'- 1�626 March 28, 1988 Mr. Cesar Odio City Manager 3500 Pan American Drive Miami, FL 33133 Dear Mr. Manager: Please find enclosed my signed Professional Service Agreement with the City of Miami for the upcoming year beginning May 1, 1988 through April 30, 1989. The agreement is identical to the agreement we are about to conclude. The past year has been a successful one in terms of the City's direct return in Federal dollars from my services and in savings to the City from cuts that were proposed in Federal/City programs but were not enacted due in significant part to my lobbying activities. Services this year also included assistance to the City in obtaining approvals from the Governor on items in which the City was interested, and in obtaining significant input into Federal actions having a bearing on City business. Thus, for example, Sylvester Lukis and Associates, P.C., assisted the City to: * Obtain approval from the Federal Department of Housing and Urban Development to extend the time in which the City had to use or lose $10,000,000 in Urban Development Action Grants in connection with the South - East Overtown/Park West affordable housing development project. * Obtain approval from the Federal Department of Justice for assistance in studying the Miami Police Department. * Obtain approval of a $400,000 Urban Development Action Grant from HUD for Civic Park Plaza. * Provide input into the State Department, Justice Department and Immigration and Naturalization Service decision -making process regarding the implementation of the New Orderly Departure Program of immigrants from Cuba, after resolution of the Radio -Marti issues with the Cuban Government. 131"91L. 0 Mr. Cesar Odio Page 2 March 28, 1988 * Provide input into the State Department decision making process regarding the U.S. Government's response to Haitian election crisis. * Obtain approval from the Florida Department of General Services to establish a joint venture with the Miami Parking Authority to provide a parking facility for patrons of Miami Heat basketball games. * Obtain approval from the Florida Department of Health and Rehabilitative Services to provide financial support to the Little Havana Activities Center. * Prevent a 30% cutback in the City's Community Development Block Grant program through the organization of a statewide grass roots campaign to inform the Chairman of the Senate Budget Committee, Senator Lawton Chiles, of the financial impact that such a decrease in CDBG funds would have specifically on Florida communities. * Prevent the enactment of the so-called Frank Anti - Displacement Amendment to the Housing Reauthorization Act of 1987, which would have limited flexibilty in the replacement of low income housing for individuals displaced due to economic development activities which were carried out using Federal monies under the Urban Development Action Grant and Community Development Block Grant programs. * Obtain approval from the U.S. Department of Justice that the Davis -Bacon rules apply only in those cases where Federal HUD money is used to pay for the labor costs associated with HUD projects, saving the City approximately 25% in such costs. Given the Administration's proposed Fiscal Year 1989 budget's negative impact on local government programs, next year's lobbying activities should prove even more valuable to the City of Miami. For example, the proposed budget continues efforts to tighten existing social services programs, and restrict the growth of such programs. The City will have to intensify efforts to obtain its share of shrinking Federal dollars for programs to combat AIDS,provide homeless assistance and increase local drug enforcement activities. The City will also have to participate in 3 W-291, . the legislative battle once again to save the Community Development Block Grant program from severe cuts. CDOG is proposed to be cut 14% in the Administration's FY 89 budget. Other MUD programs, such as the Urban Development Action Grant Program, the Section 8 Moderate Rehab Program, and the Section 202 Elderly and handicapped Housing programs are also slated for deep reductions in FY 89. The City should also have input into the question of whether Single Family Mortgage Revenue Bonds will continue to be issued as tax exempt bonds. These bonds generate income which in turn is lent to low and moderate income households for the purchase of affordable homes. These Single Family Mortgage Revenue bonds are due to expire in December, 1988. The City will have an interest in the reauthorization of the Clean Air Act, which expires in August, 1988. The reauthorization of the Act will address issues of clean air standards for metropolitan areas, which, in turn, will affect the receipt of Federal funds by the City. Failure to meet such standards could result in the loss of Federal financial support in other unrelated programs. In addition to the above activities, the City will undoubtedly need trouble shooting services durinq the course of the year in connection with several Federal actions which are unique to Miami, such as continued input into the Cuban Orderly Departure Program and the need for additional Drug c.fcrcc=crt support. I will of course also be available to assist the City on any special projects it may have in Tallahassee, such as any follow-up necessary to obtain funds to continue support of the Little Havana Activities Center or the Miami Heat Parking Garage. I look forward to another productive year of working with you and your staff. Sincerely, Syl er Lukis SL/msd Enclosed ILI 98-29 i. .