93-20876 Reso RESOLUTION NO. 93-20876
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND SYLVESTER LUKIS AND
ASSOCIATES, P.C. , FEDERAL LEGISLATIVE AND i/)//
GOVERNMENTAL AFFAIRS CONSULTANTS, TO PROVIDE
LEGISLATIVE SERVICES IN WASHINGTON, D.C. FOR A
ONE-YEAR PERIOD BEGINNING OCTOBER 1, 1993.
WHEREAS, the City wishes to retain a consultant for lobbying
and consulting services on the City's behalf, and to represent the
City before all agencies located in Washington, D.C. ; and,
WHEREAS, the City wishes to retain the Consultant for the
provision of services pursuant to the attached Legislative Services
Agreement, under the terms and conditions set forth therein.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT THE MAYOR AND
CITY CLERK ARE HEREBY AUTHORIZED TO EXECUTE THE ATTACHED AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND SYLVESTER LUKIS AND ASSOCIATES,
P.C. , FEDERAL LEGISLATIVE AND GOVERNMENTAL AFFAIRS CONSULTANTS, TO
PROVIDE LEGISLATIVE SERVICES ON BEHALF OF THE CITY FOR THE ONE YEAR
PERIOD COMMENCING OCTOBER 1, 1993.
PASSED and ADOPTED this 8th day ofJSeptember t° . Al
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-MAYOR
ATTEST:
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CITY CLERK
CITY ATTORNEY
FORM APP'0 ED
LE .A D- 'T.
Date
• CITY OF MIAMI F� EACH .
rip:i .____
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. 1471-9.3
' TO: Mayor Seymour Gelber and DATE: September 8 , 1993
Members of the City Commission .
• FROM: Roger M. Cantovre • •
City Manager
SUBJECT: LEGISLATIVE SERVICES AGREEMENT WITH SYLVESTER LUKIS AND
• ASSOCIATES FOR WASHINTON, D.C. REPRESENTATION .
•
• ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission adopt the
attached resolution authorizing the Mayor and the City Clerk to
• execute the Legislative Services Agreement with Sylvester Lukis and
Associates to provide legislative and lobbying services in
Washington, D.C. on behalf of the City.
BACKGROUND:
• The City has utilized the services (of. Sylvester Lukis and . '
• Associates, a Federal ' Legislative and Governmental Affairs
• . Consultant, since 1986. '
. . ANALYSIS: ' .
The agreement shall be on the same basis as last year with no
increase in fees, as follows:
• 1. To provide federal legislative and lobbying representation in
Washington, D.C. , commencing October 1, 1993 for a period of
one year
2. Fee is $55,000; City will reimburse for reasonable out-of-
pocket disbursements not exceeding $7,000; maximum payable
• under this contract :cannot exceed -a total of $62,000
• . • CONCLUSION: • . •
. The City should 'continue to utilize the services of Sylvester Lukis . •
and Associates to 'provide legislative and lobbying services in
Washington; D.C. for a one year period beginning October 1, 1993.
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•
AGENDA ....-1 6
. • - •
. • . ITEM -
• DATE. 9—) C�3.
, ..r.
CITY OF MIAMI BEACH
LEGISLATIVE SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 1ST day of October,
1993, between the CITY OF MIAMI BEACH, hereinafter called THE 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.
W I T N E S S E T H:
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.
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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.
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 of 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 .
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2. OBLIGATIONS OF THE CITY OF MIAMI BEACH
A. THE CITY will contract with THE CONSULTANT for a
period of one (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 with the first
such payment due and payable on October 1, 1993,
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 above
services for out of town (Washington D.C.) travel
expenses, specifically authorized by THE 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.
E. THE CONSULTANT and THE CITY hereby agree that the
maximum amount payable under this contract,
including expenses, shall not exceed $62, 000.
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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 writing 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 they 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 that the obligations
undertaken by THE CONSULTANT pursuant to this Agreement
shall not be delegated to any other person or firm unless
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THE CITY shall first consent, in writing, to the
performance of such services or any part thereof by
another person or firm.
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 of 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 or 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 functions or responsibilities
in connection with this Agreement has any personal
financial interests, 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
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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.
11. LIMITATION OF LIABILITY
THE CITY desires to enter into this Agreement only if in
so doing THE CITY can place a limit on CITY'S liability
for any cause. of action for money damages due to an
alleged breach by THE CITY of this Agreement; so that its
liability for any such breach never exceeds the sum of
$60, 000. THE CONSULTANT hereby expresses its willingness
to enter into this Agreement with CONSULTANT'S recovery
from THE CITY for any damage action for breach of
contract to be limited to a maximum amount of $60, 000,
less the amount of all funds actually paid by THE CITY to
THE CONSULTANT pursuant to this Agreement.
Accordingly, THE CONSULTANT hereby agrees that THE CITY
shall not be liable to CONSULTANT for damages in an
amount in excess of $60, 000 which amount shall be reduced
by the amount of the funding actually paid by THE CITY to
THE CONSULTANT pursuant to this Agreement, for any action
or claim for breach of contract arising out of the
performance or nonperformance of any obligations imposed
upon THE CITY by this Agreement. Nothing contained in•
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this subparagraph or elsewhere in this Agreement is in
any way intended to be a waiver of the limitation placed
upon THE CITY'S liability as set forth in Florida
Statutes, Section 768.28.
12. ARBITRATION
Any controversy or claim for money damages arising out of
or relating to this Agreement, or the breach hereof,
shall be settled by arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration
Association, and the arbitration award shall be final and
binding upon the parties hereto and subject to no appeal,
and shall deal with the question of the costs of
arbitration and all matters related thereto. In that
regard the the parties shall mutually select one arbitrator,
but to the extent the parties cannot agree upon the
arbitrator, then the American Arbitration Association
shall appoint one. Judgment upon the award rendered may
be entered into any court having jurisdiction, or
application may be made to such court for an order for
enforcement. Any controversy or claim other than a
controversy or claim for money damages arising out of or
relating to this Agreement, or the breach hereof,
including any controversy or claim relating to the right
to specific performance, shall be settled by litigation
and not arbitration.
THIS AGREEMENT shall take effect on the 1st day of October,
1993.
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 IS & A SOC TES, P.C.
By: J
S LVESTER LEWIS, PRESIDENT
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Attest: CITY OF M'AMI BEACH unicipal
corpora t f n of the S' of F1 or".a
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� �. w �r By: �-
CITY CLERK = OUR LBER, MAYOR
Approved a to Form:
Leal Department
Date: 11 AA?
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