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HomeMy WebLinkAboutR-03-0880J-03-678 7/21/03 RESOLUTION NO. 03— 880 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 02-03-139 THAT THE MOST QUALIFIED FIRMS TO PROVIDE FEDERAL GOVERNMENT LOBBYING SERVICES IS THE JOINT VENTURE OF KATZ, KUTTER, ALDERMAN & BRYANT, P.A. AND PATTON BOGGS, LLP.; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID FIRMS, FOR AN INITIAL ONE-YEAR PERIOD, WITH AN OPTION TO EXTEND THE AGREEMENT FOR FOUR ADDITIONAL ONE-YEAR PERIODS, SUBJECT TO TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT; INCLUSIVE OF EXPENSES, IN AN ANNUAL AMOUNT NOT TO EXCEED $300,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.920216.6.270, SUBJECT TO BUDGETARY APPROVAL. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recommendation of the City Manager approving the findings of the Evaluation Committee, pursuant to Request for Qualifications No. 02-03-139, that the most qualified firms to provide federal government lobbying services, CITY corccSSION V TsIN; OF ?nni Resolution No. 03- 880 is the joint venture of Katz, Kutter, Alderman & Bryant, P.A. and Patton Boggs, LLP, is accepted. Section 2. The City Manager is authorizedil to execute a Professional Services Agreement ("Agreement"), in substantially the attached form, with the joint venture of Katz, Kutter, Alderman & Bryant, P.A. and Patton Boggs, LLP, for an initial one-year period, with the option to extend the Agreement for four (4) additional one-year periods, subject to the terms and conditions contained in the Agreement, inclusive of expenses, with funds, in an annual amount not to exceed $300,000, allocated from Account Code No. 001000.920216.6.270, subject to budgetary approval. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayoral �i The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 2/ If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 3 03— 880 PASSED AND ADOPTED this 24th day of July , 2003. ATTEST - "T c PRISCILLA A. THONIPSup CITY CLERK APPROVE FORM AND CORRECTNESS 6, XL ,'JAN7O VILARELLO CITYzATTORNEY 7420:ENW:AIS Page 3 of 3 03— 880 PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this _ day of , 2003 by and between the City of Miami, a municipal corporation of the State of Florida ("City") and the joint venture of Katz, Kutter, Alderman & Bryant, P.A., a State of Florida professional association, and Patton Boggs, LLP, a State of (name of state) limited liability partnership (the joint venture shall be referred to as "Provider") RECITALS: A. The City has issued Request for Qualifications ("RFQ") No. 02-03-139 for the provision of federal lobbying services ("Services") and Provider's proposal ("Proposal"), in response thereto, has been selected as the most qualified proposal for the provision of the Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents, and are by this reference incorporated into and made a part of this Agreement. B. The Commission of the City of Miami, by Resolution No. adopted on , 200_, approved the selection of Provider and authorized the City .. Manager is ex. -cut, P a contra�i, under the terms and cc^Uicions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Provider and the City agree as follows: TERMS: 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 03- 880 2. TERM: The initial term of this Agreement shall be one (1) year, commencing on the effective date hereof. 3. OPTION TO EXTEND: The City shall have four (4) option(s) to extend the term he-tol i.,r a poriod of o:_c () yeaf ea,.Jlli, self ji ;c to ^vailabil_t�,- and appropriation of f6 -,Ii Ic-. (7_ry, Commission approval shall not be required for the City Manager to exercise the option to extend as long as the total extended term does not exceed four (4) years, or a period equal to the original term of this Agreement, whichever is longer. 4. SCOPE OF SEIR ` ICE. A. Provider agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Attachment "A" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Provider represents and warrants to the City that: (i) it possesses all qualifications, licenses and expertise required under the Solicitation Documents for the performance of the Services; (ii) it is not delinquent in the payment of any sums due the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City, (iii) all personnel assigned to perform the Services are and shall be, at all times during tbP term hereof, fully qualified art', `rained to perform the tasks assigned *n -each; and (iv) the Services will be performed in the manner described in Attachment "A". 5. COMPENSATION: The compensation ("Compensation") shall consist of the fees payable to the members of the joint venture ("Fees") and the cost for reimbursement of reasonable expenses ("Expenses") and the fees payable to subcontractors. Payment of the Compensation shall be in accordance with the terms and conditions contained in Attachment "B", hereto which by this reference is PSA Federal Lobbying Services K#03-559 2 03- 880 incorporated into this Agreement. Pursuant to the terms and conditions contained in Attachment B, the total annual amount of Compensation shall not exceed $300,000. 6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any iai k,rmation, doca;nsi-st, r�ptn,t o any c.,thex .,oatcrik'. whatsoever whi.11s giv,,at by tthi, Ci,� Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms of this Agreement is and shall at all times remain the property of the City. Provider agrees not to use any such information, document, report or material for any other purpose whatsoever without thQ written consent cf City M:. zg4 --, may !%- v:-thh.-Id or conditio^ed by t!l�! Cit; '_'.1 n �gc_ in his/her sole discretion. 7. AUDIT AND INSPECTION RIGHTS: A. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Provider under this Agreement, audit, or cause to be audited, those books and records of Provider which are related to Provider's performance under this Agreement. Provider agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. R. The City may, at reason:.ih'e times during the term hereof.. inspect Prr,iider's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Provider under this Agreement conform to the terms hereof and/or the terms of the Solicitation Documents, if applicable. Provider shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in PSA Federal Lobbying Services K#03-559 3 03- 880 accordance with, the provisions of Section 18-100 of the Code of the City of Miami, Florida, as same may be amended or supplemented, from time to time. 8. AWARD OF AGREEMENT: Provider represents and warrants to the City that it ias not employed „, rt.tahtel any pr.Tson or nmpany urr►_ploycd by d..- z iLy to solicit vii- st;c-urt this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. _ PULRL.0 RITC^RDS° Provide.- :aerstands that th.- public shal? hr.:_. rccc, s, er a'1 reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. 10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping. etc. City and Provider acfr-- to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, PSA Federal Lobbying services K#03-559 4 03- 880 resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Provi&c or its :e.riployees, ag.nts or qubcont-actors ,c�,lle�ti-vcly .,v rrecl t: as "Pruvider regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the paragraThs herein .c - the failure of t'-: Provider to corfc m to st: tute , nrainLacci, r .cthc.- regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Provider, or any of its subcontractors, as provided above, for which the Provider's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. 12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the occurrence of a default heremider the City, in addition to all remedies available to it by law, may immediately, upon written notice to Provider, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Provider while Provider was in default shall be immediately returned to the City. Provider understands and agrees that termination of this Agreement under this section shall not release Provider from any obligation accruing prior to the effective date of termination. Should Provider be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, PSA Federal Lobbying Services K#03-559 5 03- 880 Provider shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re - procurement of the Services, including consequential and incidental damages. 13. : -RESOLUTION OF CONTRA(`''1_!' DISPL T F0: Pro-vider unecrstands and agrees that all disputes between Provider and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Provider being entitled to seek judicial relief in connection therewith. In the event that the amoun�:a t o` compensation herndc. exc:,eds . ° 25,00"?.. whz City Manager's decisic._: shall be approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds $25,000, or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 14. CITY'S TERMINATION RIGHTS: A. The City shall have the right to terminate this Agreement, in its sole discretion; at any time, by giving written notice to Provider at least five (5) business days prior to the effective date of such termination. In such event, the City shall pay to Provider compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall the City be liable to Provider for any additional compensation, other than that provided herein, or for any consequential or incidental damages. PSA Federal Lobbying Services K#03-559 6 033— 880 B. The City shall have the right to terminate this Agreement, without notice to Provider, upon the occurrence of an event of default hereunder. In such event, the City shall not be obligated to pay any amounts to Provider and Provider shall reimburse to the City all amounts recriverl while Provider vx,as in def ulr ,finder this—reerrient. 15. INSURANCE: Provider shall, at all times during the term hereof, maintain such insurance coverage as may be required by the City. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage �rxall '�e farnished to the ity on Certif catc� of l,isu zance indicating- such insuv-ai,.;. to be in for" and effect and providing that it will not be canceled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed with the City prior to the performance of services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the policies of such insurance with the City. If, in the judgment of the City, prevailing conditions warrant the provision by Provider of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Provider of an amount of coverage different from the amounts or kind previously required and shall ?fford written notice of such c1�ange in requirements thirty (30) days prior to the date or, which the requirements shall take effect. Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Contract shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. 16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider does not and will not engage in discriminatory practices and that there shall be no discrimination PSA Federal Lobbying Services K#03-559 7 03- 880 in connection with Provider's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Provider further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, .handicaz. marital status or nation;-,,-Igi1 , J d fry -ii hcrti6paticni, in, be.d .hied scr-.,;!.;es, or be subject to discrimination under any provision of this Agreement. 17. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM: The City has established a Minority and Women Business Affairs and Pro(,llr--nent Pregrar (thc "M/WpE Jc^'_r,.-ie to :ncre4:_-,.- the volume.. of CSiv procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE Program is found in Ordinance No. 10062, a copy of which has been delivered to, and receipt of which is hereby acknowledged by, Provider. Provider understands and agrees that the City shall have the right to terminate and cancel this Agreement, without notice or penalty to the City, and to eliminate Provider from consideration and participation in future City contracts if Provider, in the preparation and/or submission of the Proposal, submitted false of misleading information as to its status as Black, Hispanic and/or Women owned business and/or the quality and/or type of minority or women owned business participation. 18. ,kSSIGNMENT: This Agreement_ and the duties contained herein„ shall not be assigned or delegated by Provider, in whole or in part, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City Manager's sole discretion. Specifically, in the event that Provider intends to obtain a subcontractor(s) to perform the Services contained herein, Provider shall obtain the City Manager's prior written consent, which may be withheld or conditioned, in the City Manager's sole discretion. PSA Federal Lobbying Services K#03-559 g 8 8O 0 033- 19. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other ii'eSS as party :�l?.F' ��tit;t1AJC L� t1C}l1 �ivt-ll 1,:i`z :;n piuvided. Nr�a.ce shall he given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO PROVIDER: I .ic' dlay L. SYees Katz, Kutter, Alderman & Bryant, P.A. 801 Pennsylvania Ave., N.W., Ste. 750 Washington, D.C. 20002 Phillip A. Bangert Patton Boggs LLP 2550 M Street, NW Washington, D.C. 20037 TO THE CITY: Joe Arriola City Manager/Chief Administrator Office of the City Manager 3500 Pan American Drive Miami, Florida 33131 PSA Federal Lobbying Services K#l03-559 9 with copies to: Alejandro Vilarello, City Attorney City of Miami 444 S.W 2"d Ave, Suite 945 Miami, Florida 33130 03- 880 20. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State (If Flr)rida. Vp,Je: for aiiy liti�--Jo.; ,I-, Kbe C opanty, .Fkcwilda. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver y r prc . i:�n h reof and :iaiv,,,. s.,u:: Y/1 v.l� ,,:.bycutin6Y,i Cl,r2 ' '11 . ��. �..:i.v ... UIL-r CJI 1:.. t y 11•� . a effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase 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 provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in arder to conform with such laws, or if not modifiable, 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 or limitation of its use. 21. SUCCESSORS AND A QST NS: This Agreement sball .be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 22. INDEPENDENT CONTRACTOR: Provider has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Provider further understands that Florida PSA Federal Lobbying Services K#03-559 10 03- 880 Workers' Compensation benefits available to employees of the City are not available to Provider, and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services to the City under this Agreement. 23. 1CON'TINGENCY CLAUSE: 17,unds'--ii, TO this Agreement is 4;ent;nvtrt on i,r availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 24. RE,AFIRM��tION OF Rr.rRESE"�T,-'tY':ONS: Provider representations contained in the Solicitation Documents. 25. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set 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. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 26. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall comfltute an original bw all of which; when taken together, shall constitute one and the same agreement. [INTENTIONALLY LEFT BLANK] PSA Federal Lobbying Services K#03-559 I l 03- 880 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. "City" CITY OF MIAMI, a municipal ATTEST.-:orporaticzn Priscilla A. Thompson, City Clerk A�npiznVE?� AS TO -FORM '�. r n'IJD CORRECTNESS: Alejandro Vilarello City Attorney Joe Arriola, City Manager PPROVED PAIkS TO -TNSUnANCE REQUIREMENTS: Diane Ericson, Director Department of Risk Management "Provider" Joint Venture of Katz, Kuttei, Alderman & Bryant, P .A. and Patton Boggs, LLP Katz, Kutter, Alderman & Bryant, P.A., Attest: a State of Florida professional association Print Name: Title: Corporate Secretary Attest: partnership Print Name: Title: Corporate Secretary By: Print Name: Title: Patton Boggs, LLP, a State of (name of state) limited liability By: Print Name: Title: (Note: there is a different signature block if the managing partner is a corporation PSA Federal Lobbying Services K#03-559 12 03- 880 ATTACHMENT A Scope of Services A. Background Provider shall provide the City with federal governmental lobbying and consulting services as stipulated by the City. It is anticipated that such services may include, but not be limited to, representation in subjects/issues detailed below: Location of the FTAA permanent secretariat Unfunded Mandates Empowerment Zones Economic Development Administration Solid Waste Management Homeownership Incentive /Funding Programs Roads / Transportation Transportation / Public Works Inner C i'y Developrf,ent Preemption of City Powers Housing and Urban Development (HUD) Department of Labor Environmental Protection Agency (EPA) / Brownfields Homeless Programs Criminal Justice Issues Human/Social Services Issues Planning and Development Telecommunications Reimbursement Issues Immigration Reform Implementation Growth Management Issues Finance and Taxation Refugee/Entrant Funding Provider shaii not represent any other parry before the Congress oL ally utlti;r administrative agency on any matter where such party's interest may be adverse to the City without written permission of the City. In the event Provider desires to represent another party with the federal government, it shall inform the City Attorney and the City Manager/Chief Administrator, in writing, of any other party it wishes to represent and the nature of the representation. The City may preclude the Provider from simultaneously representing the City and another party when, in the City's sole determination, the representation of another party may be adverse to the City's interest. B. General Scope Provider shall perform, at a minimum, the following services: 03- 880 • Serve as the City's Washington representative and primary liaison with the Congress and the federal agencies providing a full range of legislative counsel and advocacy services; • Orchestrate meetings for the City and staff with the Miami -Dade and Florida Congressional delegations, other relevant Members of Congress and /or the Executive Branch and staff, and the federal agencies; • Assist the City with formulating its legislative and policy agenda; • Recommend approaches to obtain support for the City's positions and to neutralize any potential opposition; • Plan strategy and direct advocacy on behalf of the City; a Develop auvccacy materia: to be aistributea .viii inc Civy's oenaif, • Provide drafting and research services necessary to accomplish the City's legislative and agency objectives, including development of legislative language as it moves through the House and Senate; • Monitor legislative and administrative developments and attend Congressional and administrative hearings; • Assist City officials with appearances before Congressional Committees and Feder:! Administrative Agencies, including drafting testimony; • Establish a communications link with the City through teleconference, email and regular written reports on the status of key federal le¢islative and regulatory issues; • Communicate with the City Manager on a weekly basis, or more often as necessary, to review and analyze legislative and administrative actions related to the City's interests, and provide an annual report of accomplishments; • Be available on a constant basi:i to the City Manager and officials to respond to any inquiries about legislative or administrative developments; • Provide copies of federal legislative bills and regulatory proposals; • Establish and maintain positive relationships with Congress and the Executive Branch to enhance and promote the City's agenda; • Meet with City officials and staff in Washington, D.C. and Miami, and attend or call into local Miami meetings to report on relevant activities and issues; • Represent the City at meetings, hearings, or conferences, as necessary; PSA Federal Lobbying Services K#03-559 2 03- 880 • Establish and maintain a fully functional office, if required, including, but not limited to, parking, phones, facsimile, copy machine, personal computer with appropriate software, as identified by the City, filing space for City staff or officials in the Metropolitan Washington D.C. area, and provide clerical assistance for said staff or officials during session to ensure adequate coordination between Washington D.C. and the City; • Provide office space, services and support to City officials and staff while in D.C. for meetings with Congress and the Executive Branch, and particularly to enhance the City's position with respect to financial assistance, including reimbursements, applications, regulatory procedures, legislation, budget authorizations and appropriations, and other similar matters; • Communicate with the City Manager/Chief Administrator or his designee(s) on at least a wt,:k y basis o aid analy�� .L, Qi �,u� t-..aziii�_:.t `ii�� +.t 've and �gislztiv a. tire. having a bearing on the City's fiscal and programmatic interests; • Integrate its efforts with the City Manager/Chief Administrator or his designee to assure a strong and consistent legislative program; • Provide a full range of legislative counsel and advocacy services, including preparing weekly reports advising the City Manager/Chief Admir.iscrator of the current status of legislation during legislative sessions; • Advise the City- Manager/Chief Administrator o -.i a timely basis of any issues, meeiings, hearings, or legislative and administrative procedures of relevance to the City; • Represent the City at meetings, hearings. or conferences, as requested; • Be available on a twenty-four hour, seven (7) day per week basis during the session, and must immediately respond to any calls or pages by the City Manager/Chief Administrator or designated City Staff; • Confer with the Mayor, City Commiss.in, City Manager/Chief Administrator, City Attorney, and other City personnel, on an as needed basis, regarding strategic organizational planning and program activities which have a bearing on the ability of the City to make the best use of federal programs; • Maintain liaison with the City's Congressional delegation and assist with the delegation in any matter that the City determines to be in its best interest; • Counsel with the City regarding appearances by City personnel before Congressional Committees and Federal Administrative Agencies; • Identify and notify the City in advance of opportunities such as grant opportunities and funding availability for transportation, community and economic development, PSA Federal Lobbying Services K#03-559 3 03- 880 environmental matters, infrastructure improvement, hurricane recovery efforts, housing and urban development, homeless programs, intermodal programs and any other areas of interest to the City; Assist the City in the review of federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations, and other federal developments for t e pu:.p�+�e •:.f aoi ising the City of tbf :- wu 4; . may have a significant bearing C'n City policies, funding, and programs; • 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; Subic Lo- thc- City ail a- iu • :tpon of Lump ishwenis conc:t-ning tite mon: u!tani°s responsibilities; • Assist in implementing the City's federal legislative agenda; • Assist in the drafting of legislation, amendments, report language, position papers, and testimony; • Provide monthly written progress reports detailing the services that have been r;ndered; • Be prepared at all times to obtain documentation and research materials upon request; • Forward all required reports upon request by the City, and those reports shall be in the number of copies as requested by the City at that particular instance; Provider's first task upon contract execution would be to work with the City to prioritize its needs and develop a strategic legislative plan. This would be performed by all team members. Identifying and prioritizing Miami's issues would involve a comprehensive review of existing programs within the a ­ :v, for which the City is r•`. p3: •3entativn. Provider plans to mace with key officials in each of those areas to understand fully the City's federal legislative and regulatory objectives and presenting them to the Florida Congressional Delegation. Provider would begin immediately developing the City's agenda for this year by meeting with City officials and staff to identify the City's issues and priorities. Provider would help the City establish its legislative agenda for the remainder of 2003 and develop a comprehensive strategy to accomplish its goals, including meeting with the Florida Congressional delegation and the Miami -Dade members in particular, attending Congressional and administrative hearings, monitoring legislative and administrative developments, and working with City officials and staff to ensure their needs are being met. With successful full-service offices in Washington, D.C. and a local office in Miami, Provider will actively pursue the City's agenda with Congress and the federal agencies, and will be able to keep the City informed about all of Provider's PSA Federal Lobbying Services K#03-559 4 03- 880 activities with regular reports supplemented by alerts when needed through local meetings, telephone contact and electronic mail. After these initial meetings, Provider would identify useful and lucrative federal opportunities which allow Provider to accomplish the targeted goals. Provider agrees to work with the City to develop and implement effective short-term and multi-year strategies and action plans. This team approach will he especially :Ylir'1rl;�,lt usi• yce in prep,ing r��wt-s, for the F�''0n4 appropriations cycle and TEA -21 reauthorization. Provider encourages and supports City officials making trips to Washington ("fly -ins") to advance the City's interests in meetings with the Delegation, hearings before House and Senate Committees, legislative conferences such as the U.S. Conference of Mayors Annual Winter Meeting and other settings. Provider will draft briefing books, issue papers, talking points and fact sheets for the Mayor and other City officials to use in educating the Delegation Provider will perform the scope of services jointly using each of their specific strengths and experience to work for the City to accomplish its goals. Rick Specs with Katz Kutter and Phil Bangert with Patton Boggs will lead the representation team in Washington, D.C., with local support from Mike Abrams, a Special Consultant with Katz Kutter and experienced lobbyist for the City of Miami. The additional personnel to be assigned to City of Miami's project are fully qualified, professional lobbyists with experience in the public and private sectors capable of lobbying Capitol Hill and the Administration. A key part of Provider's job would be monitoring federal programs and legislation of interest io the City. Provider will track appropriations, legislation, Congress -wide membership and related trends through use of Provider's contacts on Capitol Hill, electronic media sources and reference materials available to Provider's firms, as Provider views this task as important both for planning purposes and in keeping the City's leadership apprised of developments that could affect federal policy in the future, and helps identify opportunities to shape legislation in a manner that could substantially benefit the City. Provider shall routinely provide City with quarterly reports on the status of particular legislative initiatives and activitAcs engaged in , ; 'l_c: nila!t. A r-i-w-nier of issues that Provider wuuid expect to cover for the City are already part of Provider's monitoring function generally including economic development, public safety, social and human services and transportation. Economies of scale could be realized by including City's monitoring assignments with work Provider is already doing. While careful monitoring is critical, Provider's attorneys and other professionals on Provider's team have the expertise to analyze the impact of the developments they are tracking on the City's behalf, and recommend and implement actions. Provider agrees to regularly draft letters, testimony and position papers on behalf of City for dissemination by either us or the client to Congressional committees or government agencies. An important part of Provider's task will be to help further develop strong professional relationships with decision -makers in Washington -- relationships that will enhance the City's ability to achieve future legislative and regulatory PSA Federal Lobbying Services K#03-559 5 03— 880 solutions to the City's policy and financial objectives. This will be accomplished by regularly scheduling and staffing meetings with key policy makers in Washington on behalf of the City's officials. Provider further agrees to identify grant possibilities for the City as part of its duties as its Washington representative. Provider agrees to routinely identify competitive funding <,nnortunit?+> a� ai1_i•�1�, to tom! Pl. vi ve tonei-ws it public llecy?Ll; ^1121d w i'�iE', lead �1�iateYT ="�, child abuse and neglect, domestic abuse, homelessness and a variety of other social service programs. Provider will monitor on a daily basis the Federal Register, Commerce Business Daily and other specialized federal publications for notices of proposed funding availability that might be of interest to the City, and shall provide the City with timely notice of these opportunities to give the City the necessary lead time to be successful competitors. Patton Boggs specifically devised a federal funding Quick Alert System for this purpose, which will provide the City with updates on a bi-weekly schedule. Provider shall perform appropriations services as part of the City's overall legislative action plan to locate monies from the appropriations process. Provider shall be constantly on the "lookout" for funding opportunities for the City, which will include early identification of these opportunities, a thorough understanding of the City's needs and existing resources and effective communication with the Florida Congressional Delegation. Provider plans to additionally -.--cure letters of support from the Florida Congressional Delegation for particular grant applications and advise municipal clients on how to structure their applications to be as competitive as possible. Provider shall be providing federal lobbying, and not legal services, for the City. C. Staffing Overall Staffing= for the City of Miami's Representation Team Provider's team will be headed by the Washington office of Katz Kutter in coordination with Patton Boggs with local Miami assistance from Katz Kutter's Miami office. Patton Boggs' Washington office will also provide assistance in Washington, D.C. In representing the City of Miami, Katz. Kutter' ' experier._=; i -- i1! bQ geamed with Patton Boggs' well-:cspect:d and highly successive 'government relations professionals to achieve the City's legislative and administrative goals. The organizational structure that will occur will be that of a "team" approach, and one that will enable the individuals best situated to address a specific need of Miami to do so. Phil Bangert and Rick Spees will act as the primary consultants on this engagement. Both will identify needs and develop strategies and action items, and provide regular status reports to Miami. Each of Provider's team members will be fully available to the City either in Washington or Miami to assist them with accomplishing their goals. Furthermore, they are available in person, or by telephone or electronic mail for any assistance or concerns regarding any issues the firms are monitoring for the City at any time. Katz Kutter's previous practice with the City regularly communicating in person and via telephone and electronic mail, providing regular PSA Federal Lobbying Services K#03-559 03- 880 memorandums updating the City on the status of its issues and to promptly respond to any inquiries forwarded to it by City staff. shall continue. Provider understand the unique aspects of working with public entities that include the need to make timely activity reports, to regularly brief the City's staff, the need to participate in public meetings and to be politically sensitive. Katz, Kutter, Alderman & Bryant, P.A. The lead representative would be RICHARD SPFES, Managing Partner of the Washington office of Katz Kutter. Mr. Spees served in a number of positions in the U.S. Senate for eleven years, including three years as the Staff Director for the Senate Commerce, Justice, State Appropriations Subcommittee. The second leader on this project would be MIKE ABRAMS, a Special Consultant with Katz Kutter based in the Miami office. Mr. Abrams served in the Florida House of Representatives for 12 years representing the North Miami-Aventura area. Additionally, he will be actively engaged with the Mavor's staff. administration and the Commission, as necessarv. to fullv inform them of the firm's progress in Washington. Another key member of the team will be JANE GREAVES SARGENT, an Attorney and Government Relations Specialist with the Washington office of Katz Kutter. Ms. Greaves has gained valuable skills and expertise in a variety of legislative areas, including tax, international trade and federal appropriations matters. She can also draft legislative language, conduct legislative and legal research, draft memorandum on complex legislative issues and draft testimony before Congressional Committees. JOE FINDARO, Of Counsel with Katz Kutter based in the Washington, D.C., would also serve as a key advisor to the City on this project. For over twenty years, Joe has been assisting both public agencies and private entities in Washington and at the state governmental level. Mr. Findaro's specialized knowledge of water resources/water quality and environmental issues in general and his experience with Miami's issues in particular make him an important part of the team. Mr. Findaro will be a principal advisor and experienced advocate for the City's water and environmental issues, including Corps of Engineers reform, Water Resources Development Act (WRDA), water and wastewater projects, water appropriations and authorizations, and Everglades Restoration. MONICA RODRIGUEZ, an Attorney and Governmental Consultant in Katz Kutter's Miami office, will also be available to represent the City. Ms. Rodriguez has a thorough understanding of the legislative process and is able to draft legislative language. Additionally, as an experienced attorney, Ms. Rodriguez will be able to assist with any legal matters that may arise with respect to proposed legislation. Finally, another key member of the team would be ALLAN KATZ. Mr. Katz is an important asset in gaining access to the House Appropriations Committee and obtaining federal funds. Mr. Katz's relationships have previously been helpful in assisting the City of Miami with obtaining federal appropriations. PSA Federal Lobbying Services K#03-559 7 03- 880 Patton Bogs LLP Patton Boggs professionals on this project will include RODNEY SLATER, Former U.S. Secretary of Transportation. Secretary Slater's involvement will be key to the representation of Miami due to his knowledge of transportation issues and relationships on Capitol Hill and with the Administration. PHIL_ B NG' .FRT. 1a1 LLll v. itSi lead the City's representatic," t:tt.ri ia . Washington, D.C. Mr. Bangert has extensive experience in representing local governments before Congress and the Administration. Another key advisor to the City from Patton Boggs will be FLORENCE PRIOLEAU, a member of Patton Boggs Public Policy practice group. Ms. Prioleau concentrates her practice in the areas of legislative advocacy before the Congress and federal agencies on behalf of private companies, trade associations and municipal governments, involving issues as diverse as health c;.rc -=fcr-r, tr_. nsp-stat cn .r!4: -public v:crk-, ho,isi-ig, agri^ultural rommc.�dltles, copyright environmental and tax matters. CAROLINA MEDEROS will also advise the City on transportation related issues. Ms. Mederos is part of Patton Boggs' Transportation Policy Consulting practice. She specializes in transportation policy and surface transportation issues and has been actively involved in the development of every surface transportation reauthorization proposal and transportation appropriation act enacted over the past 20 years. MAYRA MARTINEZ-FERNANDEZ, an Advocate/Senior Policy Advisor with Patton Boggs, will serve as an advisor to the City. Ms. Martinez -Fernandez provides strategic counsel and advice to attorneys and clients on public relations, communications, business development, public policy and lobbying with a particular emphasis on Latin America, Puerto Rico and Hispanic related issues. Ms. Martinez -Fernandez brings a depth of experience in the social and political dynamics of Puerto Rico and Hispanic communities in the United States. In addition to the above individuals, Provider's Miami team will consist of several Patton Boggs associate attorneys. This includes DAN BATES and MEREK GOOTMAN, both of whom have worked extensively on behalf local_ governments. Among their talents, each individual is astute at analyz -. 4.--:mds iii _f-d^ral app, ,priations policy and looking for new opportunit'cs xc_ municipal interests in an ever-changing budget atmosphere. We would also supplement this representation with a number of other associates and legislative specialists, as necessary to meet Miami's needs. Provider shall be available to City at all times. With offices in Washington, D.C. and Miami working on the project, the City will have complete access to its Washington representative. Provider agrees to also be available to meet with City officials in Washington at their discretion. In addition, the Miami office of Katz Kutter would be available for day-to-day access. Furthermore, Katz Kutter and Patton Boggs will provide complete contact information to the necessary City officials. When Congress is in session, the team will be available on a twenty- four hour basis to update the City on the status of ongoing legislative issues. All team members will be available at the City's request for meetings, advice, and consultation by telephone or in PSA Federal Lobbying Services K#03-559 8 0J3- 880 person either in D.C. or Miami. The benefit of the City choosing Provider with offices in Washington, D.C. and Miami is that City officials and staff will have complete access to their representational team. D. Coordination of Information Provider's attorneys and legislative specialists will monitor developments in Congress and the -' :ecutl :'=a:zch, T�Se�' :i1 appropriati stat:A E..i, :egta:ct.o is 4r:u inTr� du ed bill.', i »C1E i E' the City on results. From there, Provider shall will make joint recommendations to the City as to how a proposed bill or Executive Branch action may impact the City, and working as a team, arrive at a position to present to Congress or the Executive Branch. The two firms will work together for the City. The members of the firms shall talk regularly and share information whenever needed. Both firms fully understand that it is working together to provide the City the best possible representation drawn from the resources of both entities. W.� on ets of Interest As law firms, both Patton Boggs and Katz Kutter are bound by the rules of the District of Columbia and Florida Bars. As such we are unable to take on the new representation of a client if it will result in a conflict with a current client, unless each party agrees to the representation. Prior to submitting this proposal, Patton Boggs performed a conflicts check to determine that no conflicts would exist were we selected by Miami for this representation. Moreover, should a conflict arise, Provider would be required to notify the City of the potential conflict, and reach a solution satisfactory to both clients. We do note, however, as stated above, that Provider currently represent the Miami River Commission on its efforts to seek federal appropriations for dredging of the Miami River. F. EMPLOYMENT OF SUBCONTRACTORS OR OF ADDITIONAL EMPLOYEES Provider shall not employ, assign or delegate additional persons or entities to work on the City's behalf, without prior written approval by the City Manager. PSA Federal Lobbying Services K#03-559 9 03- 880 ATTACHMENT B COMPENSATON A. Fees. In consideration for all Services, the total amount of compensation payable o P ovider shah bt ovi cw-ounl.no , cxeeed $180,009, whi,h shall bi-- ).auc payable in monthly installments. In the event that the City Manager exercises the option to extend the Agreement for a third and fourth extended term, the maximum that the City Manager may negotiate with Provider to increase of the annual Fee shall not exceed ten percent (10%) per year. B, Expenses. The City shall reimburse Provider for its reasonable expenses in 2nr,l�T/17n4`P with +!v- terms are,�r,nd;firon-z r-^nt?in.ed herein. The total annual smmint thit --h members of the joint venture shall receive for the expenses incurred by it, its employees, agents in the performance of the Services shall not to exceed $15,000, per year. In the event that the City Manager exercises the option to extend the Agreement for a third or fourth extended term, the maximum that the City may negotiate with Provider to increase the total annual amount of reimbursable expenses shall not exceed ten percent (10%) per year. If Provider is entitled to reimbursement of reasonable travel expenses (i.e. Attachment `B" includes travel expenses as a specific item of compensation), then all bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. The City Manager, in his/her sole discretion, shall determine what are reasonable expenses. C. Employment of Additional Personnel or Subcontracting with Additional Entities. In the event that the City gives consent for Provider to subcontractors toProvide the Services contained herein, then fee shall be approved by the City prior to the use of such resources. The City shall pay a fee, but not the expenses of Provider's subcontractors. The total allocation per year for payment of Provider's subcontractors is contained in Subsection D entitled "Maximum Payment"). ©3- 880 A Maximum Payment. Based upon the foregoing, the maximum amounts of payment is as follows: Year Total amount payable annually to the Joint Vent= Maximum amount of Expenses payable to each member of the joint . enttire Maximum allocation for payment of Provider's subcontractor(s) = Initial Term 1 $180,000 $15,000 $70,000 Extended Terms i 1 $180,000 $15,000 $70,000 2 $180,000 $15,000 $70,000 $1198;000 ' $ i 6,50J 4 Ten percent of Ten percent of the Ten percent of the the previous previous year's amount 2 previous year's amount 2 year's amount 2 E. Payment of Fees and Expenses: Payment will be made within forty-five (45) days after receipt of Provider's approved invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should City require one to be peiformed. Payment shall be made in monthly installments, in arrears, and upon submission of proper invoices. The invoices shall include a detailed accounting of the following: names of individuals who performed said work, to include: overall nature of work performed. Invoices shall be billed from the first of the month to the last day of the same month. Invoices shall be submitted no later than the 10`h of the following month for approval and authorization for payment of monies owed. ' These terms are not automatic, but are an option that may be exercised by the City Manager on behalf of the City. 2 This 10% increase is not automatic. A percentage increase, if any, shall be subject to negotiation and approval by the City Manager. ' The percentage for the increase for the allocation for payment of subcontractors shall be same as the percentage increase, if any, for the Fees and the Expenses. PSA Federal Lobbying Services K#03-559 2 03- 880 I - CITY OF MIAMI, FLORIDA ` INTER -OFFICE MEMORANDUM SJ TO : DATE : FILE orable "0_r. -___( Member JUL 21 2M f e City oon SUBJECT : Recommendation for Award of RFQ #02-03-139: Federal FROM REFERENCES Lobbying Services J e ola ENCLOSURES: lie Manager RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City to negotiate and execute a contract with Katz, Kutter, Alderman & Bryant, P.A., 801 Pennsylvania Avenue, N.W., Suite 750, Washington, D.C. 20002, and Patton Boggs, LLP, 2550 M Street, NW, Washington, D.C. 20037, as a joint venture, non-minority/non-local firms, to provide Federal Lobbying Services for the Office of the City Manager, for one (1) year, with the option to extend for four (4) additional one (1) year periods, for an annual amount not to exceed $300,000.00. Funding is available from Account Code No. 001000.920216.6.270. BACKGROUND The City of Miami sought to secure an experienced public sector lobbying team to represent the City's interests before the Legislative and Executive branches of the Federal Government, with the purpose of identifying funding sources and influencing the development of legislation that will improve the quality of life for those who live, work, and visit the City of Miami. Moreover, the City needs strong representation of its interests with regards to issues of high priority to the City such as the permanent placement of the Secretariat of the Free Trade Area of the Americas ("FTAA"), securing Homeland Defense appropriations, interactions with the Department of Housing and Urban Development ("HUD") and Department of Transportation ("DOT"), and other myriad issues and government agencies. To this end, RFQ 02-03-139 (hereinafter "RFQ") was issued on May 16, 2003 with the intent to consider and evaluate the credentials of the individuals and flims that will actually perform the services on behalf of the City. Copies of the RFQ were sent to approximately thirty-five (35) firms locally and nationally that are experienced in the area of public sector lobbying on behalf of municipal governments. A list of firms where the RFQ was mailed is attached as Attachment A. The RFQ was additionally posted on the City's Internet site and copies made publicly available via the City Clerk. As of the June 9, 2003 deadline, one (1) joint Proposal was received from Katz, Kutter, Alderman, Bryant, P.A. ("Katz, Kutter") and Patton Boggs, LLP. 03- 880 1. Evaluation Committee Results On June 27, 2003, an Evaluation Committee ("Committee") comprised of Ms. Marie Bell, Miami -Dade County Public Schools, Mr. Richard Goldstein, Esq., Royal Caribbean Cruise Lines, and Mr. Ignacio Ortiz -Petit, Esq., City of Miami Office of the Chief Administrator/City Manager, met in a publicly noticed meeting to discuss the Proposal. The Committee evaluated the Proposal based on the proponent's qualifications and experience, past performance, ability and capacity, organization's approach, minority/women participation, and local preference. The proponents received an average score of eighty-six (86) from a possible hundred (100) points and the Committee then recommended to the Chief Administrator / City Manager that the Proposal be accepted. What follows is a synopsis of relevant portions of the Proposal: 2. Proponents Katz, Kutter is a full service law -firm based in Tallahassee, Florida with offices in Wahington D.C. and has maintained a successful government relations practice over the years. Patton Boggs is also a full service law firm with offices in Washington D.C. and is one of the first law firms in the nation to develop a combined legislative and public policy practice strategy with traditional legal practice. The combination of government process knowledge with legal subject matter expertise allows Katz, Kutter and Pattons Boggs to provide the City with an outlook and solutions beyond traditional lobbying. Proponents also have extensive expertise in the area representing municipal governments before branches of the Federal government and represent at least two -dozen cities and counties of various sizes throughout the country on a diverse range of issues. Furthermore, and most important to the City, Patton Boggs is uniquely qualified in the area of budget and appropriations process which has a direct impact on local government funding. Specialists from Proponents have served as senior staff members on both the House and Senate Appropriations Committee and have developed key relationships with members of the Congressional staff. Additionally, Patton Boggs is recognized as one of the top 5 lobbying firms in Washington D.C. and Fortune magazine has ranked Patton Boggs second among the handful of most powerful lobbying firms in the nation. Beachem's Guide to Key Lobbyists describes Patton Boggs as "one of the powerhouse firms in the capital whose lawyer -lobbyists have contacts deep within both political parties -- and know how to tap those contacts for maximum effect." 3. Team Members Although the full firms will be available to the City, what follows is a list of relevant key team leaders/contacts to the City: • Richard Spees: Managing Partner, Katz, Kutter D.C. Office — served in a number of positions in the U.S. Senate for eleven years, including three years as the Staff Director 03- 880 for the Senate Commerce, Justice, State Appropriations Subcommittee, prior to which he served as a Legislative Assistant to former Senator Paul Laxalt (R -NV). • Mike Abrams: Special Consultant, Katz, Kutter, Miami Office — former State Representative, served concurrently with key members of the Dade Congressional Delegation. • Rodney. Slater: Partner, Patton Boggs — former U.S. Secretary of Transportation with in depth knowledge of transportation issues and relationships on Capitol Hill and the Administration. • Phil Bangert: Partner, Patton Boggs — extensive experience in representing local governments on issues dealing with community development, transportation, and environmental affairs. Other members of the team include: Joe Findaro, Of Counsel, Katz, Kutter, D.C.; Jane Greaves Sargent, Associate, Katz, Kutter-;;D.C.; Monica Rodriguez, Associate, Katz, Kutter, Miami; Florence Prioleau, Partner, Patton Boggs; Carolina Mederos, Partner, Patton Boggs; and Mayra Martinez -Fernandez, Specialist, Patton Boggs. 4. Key Issues Proponents have extensive experience in issues that are of great importance to the City, including, but not limited, to the following: Location of the FTAA Permanent Secretariat: Jane Sargent served as Legislative Director and Counsel to Congressman John Lewis, a senior member of the House Ways & Means Committee, which has jurisdiction over all trade issues in the U.S. House of Representatives. She was responsible for all trade issues for the Congressman. These issues included passage of the fast track trade bill and preliminary work on the FTAA — the major U.S.-Latin America trade negotiations. Further developments with FTAA legislation would go through the Ways and Means Committee. Additionally, Richard Spees has previously assisted the City of Miami on this issue. Empowerment Zones: Patton Boggs has represented the City of Cincinnati since 1993, and has been active in community redevelopment issues. Cincinnati's was selected in 1999 as an Empowerment Zone Round H designee. Cincinnati is a designated site for the Municipal Health Services Program (MHSP), a demonstration health program that provides Medicare cost reimbursement for clinics offering health care services to low-income seniors for primary and preventive health care. Patton Boggs worked with the City to continue services under this demonstration program when it was threatened to be terminated in the early 90's and again in 1998. Economic Development Administration: Richard Spees assisted the Desert Research Institute and University of Nevada -Reno with EDA projects, including refurbishment of a downtown building for use as a law school. 03- 880 Solid Waste Management: Both Richard Spees and Joe Findaro have experience with solid waste management issues on the federal level. In particular, Mr. Findoro's practice specializes on environmental and natural resources issues. Mr. Findaro represented the interests of Local Governments for Superfund Reform (LGSR), including the City of Hastings, Nebraska, the City of Hutchinson, Kansas and the Town of Southington, Connecticut, on waste management and owner/liability issues before the EPA and the Congress. Homeownership Incentive/Funding Programs: Richard Spees has extensive experience with appropriations matters, including homeownership funding programs. Furthermore, the firm has extensive contacts with the Department of Housing and Urban Development. Mr. Spees assisted the City of Miami with obtaining a Congressional earmark in FY2003 of $1.26 million out of the HUD budget for the Model City Community Revitalization Trust in Miami, Florida for the Model City Homeownership project. This funding continues and expands on the program, which Congress also funded in FY2002. Mr. Spees helped the City of Miami obtain a Congressional earmark of $700,000 for Miami's Model City Homeownership project in the FY2002 VA, HUD, Independent Agencies Appropriations bill. Environmental Protection AgencyBrownfields: Joe Findaro has extensive experience working with the Environmental Protection Agency. He practice specializes in environmental issues. Furthermore, the firm represented Miami -Dade County on expanding and reforming legislation on the nation's brownfields programs. Congress passed legislation last year expanding and reforming the brownfields program. The total national funding for the program was doubled to $200 million a year. Last year, Katz, Kutter worked with the City of Miami in getting Congressional support for a Brownfield Economic Development Initiative grant for the Civic Center and Allapattah Homeownership zone. Criminal Justice Issues: Katz Kutter has worked on a variety of criminal justice issues, including funding for criminal justice programs for various public entity clients, including the City of Miami, Miami -Dade County and the City of Tallahassee. Katz, Kutter was successful in helping the City of Tallahassee and other Florida counties obtain $1 million in FY2003 for new law enforcement technology and helped Tallahassee obtain $750,000 for law enforcement communications upgrades. Telecommunications: Katz Kutter has experience assisting public entities with telecommunications issues. Richard Spees assisted the University of Nevada -Reno with obtaining federal funding to build a public television station. Reimbursement Issues: Katz Kutter worked with the City of Miami on reimbursement from the U.S. Department of Justice for expenses the City incurred during the Elian Gonzalez situation. Patton Boggs has represented the City of Baltimore on a number of funding issues, including Baltimore's successful Empowerment Zone proposal. Other efforts include a $208 million authorization for Medicare reimbursement for expanded preventative health care services for the elderly, over $40 million for infant mortality reduction, $28 million for street and traffic control 03- 880 improvements in the TEA -21 legislation, and funding for improvements to a sewer and water project, lead abatement activities, and child immunization. Immigration Reform Implementation: As Counsel for Congressman John Lewis and Senator Max Cleland, Jane Sargent was responsible for judiciary matters, including all immigration issues before Congress and is knowledgeable about various legislative issues, including immigration reform. Since September 11, there has been increased interest in Congress and several reforms to the nation's immigration system. Roads/Transportation: Members of the Katz Kutter and Patton Boggs have extensive experience working on the highway and transit authorizations. Furthermore, Former U.S. Secretary of Transportation Rodney Slater's involvement, who is now with Patton Boggs, will be key to the representation of Miami on transportation. In 1991, Katz Kutter helped obtain earmarks for both transit projects and highway projects. When t he T ransportation E quity A ct f or t he 21 S` C entury ( TEA -21) was written, Katz, Kutter worked on the innovative financing sections of the law. Katz, Kutter also helped get some transit projects authorized and is currently assisting a number of clients with transportation appropriations and authorization issues, including the City of Tallahassee and the Central Florida Transportation Coalition. Congress is currently working on reauthorizing the TEA -21. Patton Boggs has represented the City of Cincinnati since 1993 and have been successful in securing appropriations funding every year for the past six years for a Major Investment Study, a Draft Environmental Impact Statement and Preliminary Engineering for a mass transit corridor. Patton Boggs was successful in getting an additional $65 million for the corridor in the TEA -21 legislation, and helped secure $14 million in FY 2001 Transportation Appropriations Bill for the Fort Washington Way multi -modal project. Transportation/Public Works: Katz Kutter has assisted the City in its efforts to dredge the Miami River. This project is funded by the U.S. Army Corps of Engineers. It is an authorized project and is usually included in the President's budget. Last year as part of the Fiscal Year (FY) 2003 budget, Congress allocated $6 million for dredging of the river, $1,508,000 for the ongoing operations of the Miami Harbor and $6.8 million for the ongoing operations of the river. As part of the FY2002 budget, the Miami Harbor Channel project received $5,274,000 for construction, $3.7 million for the ongoing operations of the Miami Harbor and. $4 million for the ongoing operations of the Miami River. Patton Boggs represents the Port of Oakland, California. The firm's work on behalf of the Port centers on federal regulatory and legislative relief affecting project development, environmental issues, trade, municipal funding, and a host of other areas pertinent to a port the size of Oakland. Patton Boggs attorneys led the Washington effort to secure approval for a _$102 million deepening project at the Port, which included an innovative package of dredging disposal options and financing. Approval of this project required action by the U.S. Congress, the Corps of Engineers, the Environmental Protection Agency, and the U.S. Fish and Wildlife Service. Patton Boggs was more recently led the Washington effort to obtain approval from the Corps of Engineers for the Port's next deepening project, a $200 million construction project. Since then, Patton Boggs has secured Congressional authorization and "new start" appropriations for the project and has led the effort that resulted in more than $18 million of ISTEA funding being directed toward an intermodal transportation project at the seaport. In the last ISTEA reauthorization, Patton Boggs secured another $8 million for the project, as well as authorization for a mass transit project at the airport. Inner City Development: In addition to Model City Homeownership project, Katz Katter also worked on a significant project in Oakland, California. Through a Joint Powers Agreement between the City of Oakland, East Bay Regional Park District, the Oakland Unified School District and the Eastbay Astronomical Society, they helped the City obtain over $25 million for the construction of a new science center in Oakland, California. Chabot is a math and science enrichment center that trains teachers and teaches K-12 students and provides vital job opportunities in Oakland. Activities on this project, which Mr. Spees has represented for more than ten years, include obtaining an authorization and appropriation of $17.5 million for construction of the facility and program money from NASA. Mr. Spees also helped the City of Tallahassee, Florida obtain $600,000 for an intermodal center. The center, when completed, will include shops and commercial space, and will be an economic development magnet for the City of Tallahassee. The funds were included in the Fiscal Year 2002 Transportation Appropriations bill. Housing and Urban Development: As previously mentioned, Katz Kutter has important contacts at HUD and experience with housing issues and has helped the City obtain funding in FY2003 and FY2002 for its Model City Homeownership project which revitalize the City and provide homeownership opportunities for residents. Homeless Programs: Katz Kutter is assisting the Community Redevelopment Agency (Camillus House), Miami, Florida to obtain federal appropriation to construct a new, expanded facility so it can expand its services to the indigent citizens of Miami. Over the past two years, Katz, Kutter has helped Camillus House obtain $500,000 in FY2002 and $500,000 in FY2003 from the Health Resources and Services Administration (HRSA), part of the Department of Health and Human Services. The money will be used by Camillus House to construct their new medical and homeless facility. Katz, Kutter has a pending request for FY2004 for $4 million to continue funding for construction of the new facility. Human/Social Services Issues: In addition to the work for Camillus House, Katz Kutter also represents the American Psychological Association working on mental health issues before the U.S. Congress and Administration. They have worked on obtaining authorization and appropriations for mental health courts, mental health parity legislation and funding for an innovative medical study through Centers for Medicare and Medicaid Services (CMS), part of Health and Human Services. Finance and Taxation Issues: Jane Sargent served as a senior advisor to Congressman John Lewis, a member of the House Ways and Means Committee. Her specific responsibilities included handling all tax matters for the Congressman. Congressman Lewis is a dynamic figure in the House, a member of the House Democratic leadership and is actively involved in the Ways 03- 880 and Means Committee work. As a result, Ms. Sargent worked on all the various tax bills and public finance issues that were considered by the Committee in the past three years. She also has extensive ties with the staff of the Ways and Means Committee and the Senate Finance Committee. 5. Specific Expectations and Capabilities Proponents are expected to monitor federal programs and legislation of interest to the City of Miami and to track appropriations, legislation, Congress -wide membership and related trends through use of their contacts on Capitol Hill, electronic media sources and reference materials available to Proponents Proponents will also routinely provide quarterly reports on the status of particular legislative initiatives and activities engaged in on the City's behalf. The Team has the substantive skills to draft proposed legislation and amendments, the legal skills to help the City interpret federal regulations and draft comments or otherwise impact agency rulemakings, and the knowledge of the procedures in Congress and tkie Executive Branch to achieve the desired result. Another important part of the Team's Mission is to help further develop strong professional relationships with decision -makers in Washington -- relationships that will enhance the City's ability to achieve future legislative and regulatory solutions to your policy and financial objectives. CONCLUSION Based on the above stated grounds, the City Manager respectfully recommends that the City Commission adopt the attached resolution authorizing the City to negotiate and execute a contract with Katz, Kutter, Alderman & Bryant, P.A., and Patton Boggs, LLP, as a joint venture, to provide Federal Lobbying Services for the Office of the City Manager on behalf of the City of Miami. Attached to this memorandum is a copy of the authorizing Resolution. Copies of the RFQ and Proposal can be obtained via the City Clerk. FISCAL IMPACT: None — Budgeted Item 03- 880 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : _,_Joe Arriola Chief Administrator/ City Manager FROM Ignacio -Pe , Evaluation Committee DATE : July 3, 2003 FILE : SUBJECT : Recommendation for Award RFQ 02-03-139: Federal Lobbying REFERENCEF3ervlces ENCLOSURES: As Chairman of the Evaluation Committee on the above referenced matter, I am notifying you of the findings and recommendations of the Committee. On May 16, 2003, RFQ #02-03-139 was issued and one Proposal from Katz, Kutter, Alderman & Bryan, P.A., and Patton Boggs LLP, was received. The Evaluation Committee, comprised of Ms. Marie Bell, Mr. Adam Goldstein, Esq., and myself, met on June 27, 2003 to review and evaluated the Proposal. The Proponents scored an average eighty-six (86) points out of a possible hundred. The Committee therefore recommends Katz, Kutter, Alderman & Bryan, P.A. and Patton Boggs LLP to provide the City with Federal Lobbying Services. On behalf of the Evaluation Committee, I am seeking your approval of our recommendation via your signature below. APPROVED: _ ; i Joe Arriola Chief Administrator/ City Manager 7 J3 Date 03- 880