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RESOLUTION 92-20599 r RESOLUTION NO. 92-20599 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND SYLVESTER LUKIS AND ASSOCIATES, P.C. , A FEDERAL LEGISLATIVE AND GOVERNMENTAL AFFAIRS CONSULTANT, FOR A ONE-YEAR PERIOD BEGINNING SEPTEMBER 30, 1992 . Whereas, the City is currently under contract with Sylvester Lukis and Associates, P.C. , a Legislative and Governmental Affairs Consulting Firm, to provide 1.3bbying services on behalf of the City; and Whereas, the City wishes to continue to utilize the expert services rendered to the City by the Consultant; and Whereas, the existing contract between the City and the vendor expires on July 29 , 1992 ; and Whereas, the Administration wishes to retain these services for consideration of the terms and conditions set forth in the attached contract. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk are hereby authorized to execute the attached one-year Legislative Services Agreement between the City and the Consultant, Sylvester Lukis and Associates, P. C. , beginning September 30, 1992 , in consideration for the sum of $55, 000 plus reasonable out-of-pocket expenses incurred by the Consultant in an amount not to exceed $7 , 000. Funding for this contract will be available from general funds. PASSED AND ADOPTED this 16th day of ,ptember , 1992 . Attest By: of City Clerk - ayor Approved as to Form: FORM APPROVED LE :L DEPT. By Date t/h__ RMC: SLR:ah Attachment CITY OF MIAMI BEACH (J:1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. (i) -D, --(23g, TO: Mayor Seymour Gelber and DATE: September 16 , 1992 Members of the City Commission FROM: Roger M. C. City Manag- SUBJECT: LEGISLATIVE SERVICES AGREEMENT WITH SYLVESTER LUKIS ASSOCIATES FOR WASHINGTON, D.C. , REPRESENTATION ADMINISTRATION RECOMMENDATION: It is the Administration' s recommendation that the City Commission adopt the attached Resolution authorizing the execution of the Legislative Services Agreement with Sylvester Lukis and Associates. P.C. , for a term of one year, commencing September 30, 1992 . Funds to cover the costs involved (maximum $62 , 000) , are available from general funds. BACKGROUND: In June 1986, the City Commission authorized an Agreement with Sylvester Lukis and Associates, P.C. , a Federal Legislative and Governmental Affairs Consultant , .for Legislative Services for a period of one year for Washington, D.C. , representation. The proposed Resolution authorizes the execution of the Legislative Services Agreement between the City of Miami Beach and Sylvester Lukis and Associates, P.C. , of Washington, D.C. , for lobbying and consulting services on various federal legislative and governmental affairs for an additional year, commencing September 30, 1992 . Additionally, Sylvester Lukis and Associates, P.C. , will provide lobbying and consulting services for the City in Tallahassee with the Executive Branch of the State government. The basis for the Agreement for a one-year period is $55, 000 and the agreement provides reimbursement to the consultant for other necessary disbursements and out-of-pocket expenses, not to exceed $7, 000 per year. RMC:S R:ah AttachmenT 6 AGENDA I TEM DATE 9- C> CITY OF MIAMI BEACH LEGISLATIVE SERVICES AGREEMENT THIS AGREEMENT made and entered into this 2 5 day of . - , 1992 , between the CITY OF MIAMI BEACH, hereinafter called he CITY, a Municipal Corporation of the State of Florida, and the Firm of SYLVESTER LUKIS & ASSOCIATES, P.C. , Federal Legislative and Governmental Affairs Consultants, hereinafter called THE CONSULTANT. WITNESSETH: In consideration of the premises and mutual covenants hereinafter contained, the parties hereto agree: 1. OBLIGATIONS OF THE CONSULTANT A. THE CONSULTANT will confer with the Mayor, the City Commission, the City Manager, and other such 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 organizational planning and program activities which have a bearing on the ability of THE CITY to make the best use of federal programs. B. THE CONSULTANT will 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. C. THE CONSULTANT will counsel with THE CITY regarding appearances by City personnel before Congressional Committees and Federal Administrative agencies. D. THE CONSULTANT will 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 and programs. E. THE CONSULTANT will 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. 1 F. THE CONSULTANT will consult with THE CITY regarding any proposed formula changes in the Community Development Block Grant or other major federal programs to determine their impact on THE CITY and take the necessary steps as mutually agreed upon to bring changes in the best interest of THE CITY. G. THE CONSULTANT will, upon request of the City Manager, assist the City in any matter related to the Executive Branch of the State Florida. H. THE CONSULTANT will, submit a report of accomplishments as it relates to THE CONSULTANTS responsibilities under the terms of this agreement for the prior year. In the future, THE CONSULTANT shall submit a report of accomplishments on an annual basis prior to renewal. 2 . OBLIGATIONS OF THE CITY OF MIAMI BEACH A. THE CITY will contract with THE CONSULTANT for a period of 1 year. B. The basic retainer agreement will be for $55, 000 per year. Payments will be in advance in equal monthly installments of $4 , 583 . 34 wit': the first such payment due and payable on September 30, 1992 , and on the same date each and every month for the remaining eleven ( 11) months, in a total amount not exceeding $55, 000. C. THE CITY will supply THE CONSULTANT with the names of the persons other than the Mayor and the City Manager who are authorized to request services from THE CONSULTANT and the person(s) to which THE CONSULTANT should respond regarding specific issues. D. THE CITY will reimburse THE CONSULTANT for reasonable out-of-pocket disbursements incurred by THE CONSULTANT in connection with the r.hove services for out of town (Washington, D.C. ) travel expenses, specifically authorized by TEE CITY and the necessary entertainment, long distance telephone calls, and duplicating expenses, not to exceed $7 , 000. THE CONSULTANT hereby agrees to provide to THE CITY copies of all receipts, with written explanation, for any out-of-pocket disbursements that are to be reimbursed by THE CITY. 2 E. THE CONSULTANT and THE CITY hereby agree that the maximum amount payable under this contract, including expenses, shall not exceed $62, 000. 3. TERMINATION OF CONTRACT THE CITY retains the right to terminate this Agreement at any time prior to the completion of the WORK without penalty to THE CITY. In that event, notice of termination of this Agreement shall be in writLig to THE CONSULTANT who shall be paid for all WORK performed prior to the date of the receipt of the notice of termination. In no case, however, will THE CITY pay THE CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between THE CITY and THE CONSULTANT that any payment made in accordance with this section to THE CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If THE CONSULTANT is in default under the terms of this Agreement, then THE CITY shall, in no way, be obligated and shall not pay to THE CONSULTANT any sum whatsoever. 4. AWARD OF AGREEMENT THE CONSULTANT warrants that t',.ey have not employed or retained any company or persons to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay, any person or company any fee, commission, percentage, brokerage fee, or gifts of any kind contingent or resulting from the award of making this Agreement. THE CONSULTANT is aware of the conflict of interest laws in the City of Miami Beach, Dade County, Florida (Dade County Code, Section 2-11. 1) and the Florida Statutes, and agree that they will fully comply in all respects with the terms of said laws. 5. NON-DELEGATION It is understood and agreed :::hat the obligations undertaken by THE CONSULTANT pursuant to this Agreement shall not be delegated to any other person or firm unless THE CITY shall first consent, in writing, to the performance of such services or any part thereof by another person or firm. 3 6. CONSTRUCTION OF AGREEMENT The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes, and case laws of the State of Florida. 7. AUDIT RIGHTS THE CITY reserves the right to audit the records of THE CONSULTANT at any time during the performance of this Agreement and for a period .)f one year after final payment is made under this Agreement. 8. INDEMNIFICATION THE CONSULTANT shall indemnify and save THE CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of THE CONSULTANT'S activities under this Agreement, including all other acts or omissions to act on the part of THE CONSULTANT of any of them, including any person acting for or on their behalf. 9. CONFLICT OF INTEREST THE CONSULTANT covenants that no person under its employ who presently exercises any funct? r"r or responsibilities in connection with the Agreement has any personal financial interest, direct or indirect, in this Agreement. THE 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. THE CONSULTANT, in the performance of this Agreement, shall be subject to the more restrictive laws and/or guidelines regarding conflict of interest promulgated by federal, state, or local government. 10. INDEPENDENT CONTRACTOR It is agreed that THE CONSULTANT and its employees and agents shall be deemed to be an independent contractor, and not an agent or employee of THE CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of THE CITY, or any rights generally afforded classified or unclassified employees; further, he/she shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of THE CITY. ] 4 • THIS AGREEMENT shall take effect on the 30th day of September, 1992 . IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized, this day and year first written above. Witness: CONSULTANT SYLVESTER LUK & ASSOC 'TE' P.C. Ntl �.r �►, .�1 By: i S ester Lukis, President Attest: CITY OF M ' . I BEACH, a Inicipal corpora ion • the Stat= .f F or'da UtA EGam' By: IA 1 CITY CLERK 9/24q1---- S- 1Gelber, Mayor Approved as to Form: ;;7 Legal Department 9/i/Y?� RMC:SLR:ah 5 utcluliNAL RESOLUTION NO. 92-20599 410 Authorizing the Mayor to execute an agreement between the City and Sylvester fiil Lukis and Associates, P.C. , a federal legislative and governmental affairs consultant, for a one-year period beginning September 30, 1992.