HomeMy WebLinkAboutR-86-0442r J-86-491 A
RESOLUTION NO. 86-4 2,
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH SYLVESTER LUKIS
ASSOCIATES, FOR PROFESSIONAL LEGISLATIVE
CONSULTANT SERVICES CONCERNING FEDERAL
LEGISLATION WHICH IMPACTS ON THE CITY OF
MIAMI AND ITS CITIZENS; 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 utilized the legislative
consultant services of Sylvester Lukis since April, 1981 when he
was a partner in the firm of Cramer, Haber and Lukis, P.C.; and
WHEREAS, CONSULTANT has now formed the legislative
consulting firm of Sylvester Lukis Associates; and
WHEREAS, CONSULTANT has provided day-to-day lobbying
services for the CITY in Washington, D.C.; and
WHEREAS, CONSULTANT assisted the Honorable Claude Pepper to
obtain a legislative exemption in the House passed Tax Reform
Bill specifically allowing the CITY to issue tax exempt bonds in
support of the Southeast Overtown/Park West Redevelopment
Project; and
WHEREAS, CONSULTANT has provided significant assistance to
the CITY in developing a strategy to obtain ultimate approval by
the Federal Department of Housing and Urban Development of the
CITY's UDAG application in connection with the Southeast
Overtown/Park West Redevelopment Project; and
WHEREAS, CONSULTANT has assisted the CITY to overcome the
Administration's deferral of the CITY's Fiscal Year 1986
Community Development Block Grant Funds; and
WHEREAS, the CITY will need continued expertise in
Washington, D.C., to represent the CITY's interests in
legislative matters; and
WHEREAS, the CITY is desirous of continuing the
representation of Miami in Washington, D.C. by CONSULTANT;
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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 form attached hereto, with
SYLVESTER LUKIS ASSOCIATES for legislative consultant services
concerning federal legislative and administrative activity which
impacts on the City of Miami and its citizens.
Section 2. An amount not to exceed $45,000 is hereby
allocated for said agreement together 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 12th day of June, 1986.
X VIE S E
MAYOR
ATTEST:
ATTYHI AI
CITY CLERK
PREPARED AND APPROVED BY:
/0 l ate
-R&OBERT 4F.C4LAK
CHIEF DEPUTY CITY ATTORNEY
APPROVzD AS/TO FORM AND CORRECTNESS:
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CITY ATTORNEY
86-4421
CITY OF MIAM1, FLORIDA
INTER-OFFICE MEMORANDUM
" TO:
The Honorable Mayor and Members DATE: JUN 41986 R1LR:
of the City Commission
SUBJECT: Sylvester Lukis —
Associates; Agreement
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�FROM:
REFERENCES:
Cesar H. Odio
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City Manager ENCLOSURES:
Resolution; Agreement
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It is recommended that the City Commission
adopt the proposed Resolution authorizing
the City Manager to enter into an
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agreement with Sylvester Lukis Associates
to serve as federal legislative
consultants and allocating $48,000
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payable in 12 equal monthly installments,
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plus $3, 000 for reimbursement for out-of-
pocket expenses, from the Legislative
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Liaison General Fund.
Sylvester Lukis, a former partner in the Law firm of Cramer,
Haber & Lukis, P.C., has been representing the City of Miami on
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federal legislative issues in Washington, D.C., since 1981. He
has worked directly with the City Commission and administration
in representing the interests of Miami in Washington. He was
extremely helpful in assisting the City's challenge to the
Federal Census Bureau's population estimate for Miami.
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Mr. Lukis assisted in obtaining a legislative exemption in the
House passed Tax Reform Bill specifically allowing the City to
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issue tax exempt bonds in support of the Southeast Overtown/Park
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West Redevelopment Project. He has most recently provided
significant assistance to the City in obtaining approval by the
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Federal Department of Housing and Urban Development of the City's
UDAG application in connection with the Southeast Overtown/Park
West Redevelopment Project. He has assisted the City to overcome
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the Administration's deferral of the City's Fiscal Year 1986
Community Development Block Grant Funds.
Federal budget reductions, in addition to the implementation of
the Gramm-Rudman Act, will have a significant negative impact on
the City of Miami. It is essential that the City have an active
and effective lobbyist in Washington, D.C., to protect the
interests of the City of Miami.
The total compensation for the consultant's services is $48,000,
plus $3,000 for reimbursable expenses. Mr. Lukis has indicated
that he will be devoting more of his time on behalf of the City
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of Miami.
86-442►
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PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of , 1986
by and between the City of Miami, a municipal corporation of the
State of Florida. hereinafter referred to as "CITY", and
SYLVESTER LUKIS ASSOCIATES, 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, 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 condi-
tions hereinafter stated, the parties hereto understand and agree
as follows:
TERM:
The term of this Agreement shall be from May 1, 1986 through
April 30, 1987.
II.
SCOPE OF SERVICES:
CONSULTANT will
(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
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agreed to by the City Manager and the CONSULTANT on all
organizational planning and program activity which has
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86-442,
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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 will 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
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which may have a significant bearing
on the CITY
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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
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agreed upon basis when CITY funding applications are
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under consideration by such agencies; and
(6) Consult with the CITY regarding any proposed formula
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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
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necessary steps as mutually agreed upon to bring about
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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,
$48,000.0, out -of -packet expenses not to exceed
$3,000.00 annually.
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86 -442',
B. Such compensation shall be paid on the following bases:
Twelve (12) equal monthly installments of $4,000.00,
beginning May 1, 1986, plus reimbursable out-of-pocket
expenses 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.
t 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
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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 charged
from time to time. Such notice shall be deemed given on
the day on which personally served; or, if by mail, or
the fifth day after being posted or the date of actual
receipt, whichever is earlier.
CITY OF MIAMI CONSULTANT
City Manager's Office
3500 Pan American Drive
Miami, Florida 33133
Sylvester A. Lukis
114 Quincy Street
Chevy Chase, MD. 20815
B. Title and paragraph headings are for convenient refer-
ence 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
the same or any other provision hereof, and no waiver
shall be effective unless made it writing.
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86--442
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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, para-
graphs, 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 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 pur-
suant 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 undertaker, by CONSULTANT pursuant to
this agreement shall not be delegated or assigned to any other
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. y
86 -442
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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
XI.
SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein, .
their heirs, executors, legal representatives, successors, and
assigns.
XI I.
INDEMNIFICATION:
CONSULTANT shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and causes of
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
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86-442
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.
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CONFLICT OF INTEREST:
CONSULTANT is aware of the conflict of interest laws of the
City of Miami (City of Miami Code Chapter 2, Article V), Dade
yt,
s. County Florida (Dade County Code Section 2-11. 1) and the State of
Florida, and agrees that it will fully comply in all respects
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with the terms of said laws.
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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/she
shall not be deemed entitled to the Florida Workers' Compensation
benefits as an employee of CITY.
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XV.
TERMINATION OF CONTRACT:
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CITY retains the right to terminate
this Agreement at any
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time prior to the completion of the services required pursuant to
paragraph II hereof without penalty to
CITY. In that event,
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notice of termination of this Agreement
shall be in writing to
CONSULTANT, who shall be paid for those services performed prior
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to the date of its receipt of the notice
of termination. In no
case, however, will CITY pay CONSULTANT
an amount in excess of
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the total sum provided by this Agreement.
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It is hereby understood by and between CITY and CONSULTANT
that any payment made in accordance
with this Section to
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CONSULTANT shall be made only if said
CONSULTANT is not in
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8E." 44Z
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,
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sex, color, creed, or national origin in connection with its
performance under this Agreement.
XVII.
MINORITY PROCUREMENT COMPLIANCE:
i
CONSULTANT acknowledges that it has been furnished a copy of
Ordinance No. 9775, the Minority Procurement Ordinance of the
City of Miami, and agrees to comply with all applicable substan-
tive and procedural provisions therein, including any amendments
thereto.
a 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.
— DEFAULT PROVISION:
In the event that CONSULTANT shall fail to comply with each
and every term and condition of this Agreement or fails to per-
form 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, B , 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.
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BC-44,
XX.
AMENDMENTS:
No amendments to this Agreement shall be binding or either
party unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
ATTEST:
MATTY HIRAI
CITY CLERK
ATTEST:
CORPORATE EC A Y
WITNESSES:
i
As to CONSULTANT
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(NOTE: If CONSULTANT is not
a Corporation, two
witnesses must sign)
APPROVED AS TO INSURANCE
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By:
CESAR H. ODIO
CITY MANAGER
CONSULTANT:
By: TITLE (Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
DIVISIONOF RISK LUCIA A. DOU HERTY
MANAGEMENT CITY ATTORNEY
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