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HomeMy WebLinkAboutR-92-0794a A RESOLUTION, WITIi ATTACHMENT(S), AUTHORIZING 14HE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH WASHINGTON & CHRISTIAN FOR PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES CONCERNING FEDERAL LEGISLATION WHICH IMPACTS ON THE CITY OF MIAMI; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $44,000 FOR SAID SERVICES AND AN AMOUNT NOT TO EXCEED $5,000 FOR REASONABLE REIMBURSABLE EXPENSES, FROM THE LEGISLATIVE LIAISON GENERAL FUND. WHEREAS, the City of Miami seeks to retain the legislative consultant services of the law firm of Washington & Christian in Washington, D.C.; and WHEREAS, Washington & Christian can provide significant assistance to the City in obtaining access to information regarding federal programmatic developments evolving under the federal administration taking office January 20, 1993, as well as other activities and events; and WHEREAS, the City will need continued expertise in Washington, D. C., to represent the City's interest in ongoing legislative matters; and WHEREAS, the City is desirous of initiating more proactive activities and representation of the City of Miami in Washington, D. C.; CITY CON`'Ti.kTISSjQN M'£ETIriG OF D t C 1 0 1992 itccciut:on Ido. 92- 794 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, with Washington & Christian, for professional legislative consultant services concerning Federal legislation and administrative activities which impact upon the City of Miami.. Section 3. An amount, not to exceed $44,000, is hereby allocated for said. services with an additional amount, not to exceed $5,000 for reasonable reimbursable expenses, from the Legislative Liaison General Fund. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this loth day of December, 1992. ATTE MATT HIRAI CITY CLERK XAVIER L. SUARE -2- 92- 794 PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of , 1992, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and Washington & Christian, hereinafter referred to as "CONSULTANT. RECITAL: WHEREAS, the City seeks to retain the legislative consultant services in Washington, D.C.; and WHEREAS, CONSULTANT can provide significant assistance to the City in obtaining access to information regarding federal programmatic developments evolving under the federal administration taking office January 20, 1993, as well as other activities and events; and WHEREAS, the City is desirous of initiating more proactive activities and representation of the City of Miami in Washington, D.C.; NOW, THEREFORE in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: TERM: The term of this Agreement shall be from December 10, 1992 through December 9, 1993. The term of this Agreement may be extended by consent of the CITY and CONSULTANT. 92- 794 Ix. SCOPE OF SBRVICESs A. louring the term of this Agreement, and when requested by CITY through the Mayor, the City Manager or representatives specifically designated by them to deal with CONSULTANT, CONSULTANT shall provide the following services to CITY: 1. Advise and consult with CITY on federal legislative and administrative issues and strategies and assist CITY in implementing such strategies. 2. Under the direction of the City Manager or his designee, and in cooperation with the City Commission', assist CITY in developing and prioritizing federal legislative and administrative issues of significant interest to CITY. 3. i►onitor various federal legislative and administrative issues identified in advance by CITY and periodically report to CITY. 4. where possible, advise CITY in advance of legislative and administrative issues which will impact upon CITY. 5. Prepare legislation, and substantive amendments to filed bills where appropriate, on specific federal legislation identified by CITY. 6. Provide CITY with legal analysis of federal legislation and administrative issues where appropriate. 7. Attend and report on selected legislative committee meetings; where appropriate, prepare and deliver committee testimony. - 2 - 92- 794 12 E 8. Provide lobbying on behalf of CITY in connection with appropriations issued and other specific legislation identified in advance by CITY and approved by CITY. 9. Coordinate with interest groups identified and approved in advance by CITY. B. The scope of legal services contemplated by this Agreement are those which arise in the normal course of legislative and administrative representation before the U.S. Congress and federal agencies and excludes the performance of extraordinary or unusual services or requests. If, during the course of this Agreement, CITY requests CONSULTANT to undertake an unanticipated special project which would involve legal services over and above those contemplated by this Agreement, CITY and CONSULTANT will agree in advance to the representation, the appropriate time required and the professional fees. III. COMPENSATION: A. Fees. CITY shall pay a maximum of Forty -Four Thousand Dollars ($44,000.00), to CONSULTANT as consideration for CONSULTANT's services hereunder. Payment shall be made by CITY upon receipt of monthly invoices Zrom CONSULTANT. B. Expenses. CITY shall reimburse CONSULTANT for reasonable expenses incurred by CONSULTANT and its employees, agents, subcontractors or representatives during the term of the -`' Agreement. All such expenses shall be approved by the City #' Manager or his designee and shall be billed monthly on separate invoices and accompanied by receipts, where applicable. 3 92- 794 C. The maximum compensation to be paid by the CITY for fees and expenses incurred by CONSULTANT is Five Thousand Dollars ($5,000.00). Any fees or expenses in excess of this amount will be the sole responsibility of CONSULTANT. IV. AUDIT RIGHTS Through the term hereof and for one (1) year thereafter, CITY shall have the right to review and audit the time, cost and expense records of CONSULTANT pertaining to services hereunder, V. COMPLIANCE WITH STATE AND LOCAL LAWS: Both CITY and CONSULTANT shall comply with all applicable laws, ordinances and codes of state and local governments. V1. DOCUMENTS: A. CONSULTANT agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all • provisions of the Public Records Law, Chapter 119, Florida Statutes. B. CONSULTANT further agrees that any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by CONSULTANT for any purposes other than contemplated by this Agreement whatsoever without the written consent of CITY. - 4 - 92-- 794 i VII. MOI DBLEGANILITY: The substantive obligations undertaken by CONSULTANT pursuant to this Agreement shall be delegated only to other persons or firms not regularly associated with CONSULTANT upon the prior consent of the CITY. Such persons or firms shall comply with the provisions of Section X(D) of this Agreement. I j Nothing herein shall preclude CONSULTANT, without prior CITY approval, from seeking the advice or assistance of others, at f CONSULTANT own expense, so long as such persons or firms do not have authority to represent that they are acting on behalf of CITY. The services of such persons of firms having conflicting interests as described in Section X(D) of this Agreement shall not be utilized by CONSULTANT in respect to services provided hereunder. VIII. ANAM OF AGREEMENT: =t CONSULTANT warrants that it has not employed or retained any person employed by CITY to solicit or secure this Agreement and that it has not offered to pay, paid or agreed to pay any person employed by CITY any fee, commission percentage, brokerage fee, - or gift of any kind contingent upon or resulting from the award of this Agreement. IX. INDDMWIFICATION: CONSULTANT shall indemnify, defend and save CITY, its „ officers, employees and agents harmless from and against any and Y - 5 - �2- 794 0 all claims, liabilities, losses, and causes of action which may arise but of CONSULTANT's negligent act or omission or willful misconduct under this Agreement and, from and against any orders, judgments, or decrees which may be entered as a result of such acts of CONSULTANT and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. X. CONFLICT OF INTEREST: A. CONSULTANT covenants that no person or entity under its employ who presently exercises any functions or responsibilitie'l in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONSULTANT further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to services provided hereunder. Any such conflict of interest(s) on the part of CONSULTANT, its employees or associated persons, or entities must be disclosed in writing to CITY. B. CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws and any future amendments thereto. C. CONSULTANT shall decline proffered employment by another client(s) if the exercise of his or her independent professional judgment on behalf of CITY, on any matter directly 6 - 92-s 794 related to the services described in and the legislature matters previously and specifically identified pursuant to Section II, of this Agreement, will be or is likely to be adversely affected by the acceptance of such proffered employment; provided, howeverr, { that CONSULTANT may represent a client(s) with an interest ' adverse to CITY if the subject matter of such representation is 1= not related to the services described in Section II, and CITY hereby waives any conflict or alleged conflict with respect to such representation = D. CONSULTANT shall not delegate the substantive obligations undertaken hereunder to any person or entity whip exercise any functions or responsibilities on his/her personal - behalf or on behalf of any other client(s) if the subject matter of such representation is related to the services described in ` Section II of this Agreement and if such representation will or is likely to compete with the interests of CITY or adversely affect the interests of CITY and the obligations undertaken • hereunder by CONSULTANT. Xi. INDEPENDENT CONTRACTORS s CONSULTANT, its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further it shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. 7 92- 794 XII. TERKINATION OF AGRBEKENTs Both parties to this Agreement shall have the right to terminate this Agreement upon thirty (30) days written notice to the other party hereto. In the event of termination of this Agreement, CONSULTANT shall receive payment for services rendered prior to termination plus any expenses, subject to the limitations set forth in paragraph II, which are incurred and unpaid at the time of termination. CONSULTANT shall be entitled to no other fees or compensation. XIII. NONDISCRIMINATION: CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, handicap or national origin in connection with its performance under this Agreement. XIV. MINORITY PROCUREMNT COMIPLIMCE s CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10538, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. Xv. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. 8 .. 92 794 Ll XVI. WAIVERS AND AMENDMENTS: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. XVII. NOTICES. All notices, requests, demands and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid: If to CITY: City of Miami 3500 Pan American Thrive Miami, Florida 33133 Attn: City Manager With a copy to: City Attorney Miami, Florida If to CONSULTANT: Washington & Christian or to such other address as any party shall have specified by notice in writing to the other. ZVIII. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement among the parties hereto with respect to the subject matter hereof. XIX. BINDING ErFE+CT; BENEFITS: This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors; nothing in this Agreement, expressed or implied, is intended to confer on _ g _ 92- 794 any other person other than the parties hereto, or their respective successors, any rights, remedies, obligations or liabilities under or by reason of this Agreement. XX. APPLICABLE LAW a This Agreement and the legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of Florida and venue shall be in Dade County, Florida. XXI. SECTION AND OTHER HEADINGS: The section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. XXII. SMRABILITY s Should any paragraphs, sentences, words or phrases contained • in, this Agreement be determined by a court of competent Jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or of the City of Miami, such provisions, paragraphs, sentence, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modified to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. - 10 - 92- 794 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this day of ; I992. ATTEST: MATTY HIRAI City Clerk WITNESSES: By: CITY OF MIAMI, a municipal Corporation of the State of Florida By: CESAR H. ODIO City Manager CONSULTANT: WASHINGTON & CHRISTIAN By: _ Partner (Seal) APPROVED AS TO INSURANCE REQUIREMENTS: SUJAN S. CHHABRA Risk Management Department APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III City Attorney CLL:ra:M377 92- 794 CITY OF M IAMI, FLORIDA s INTER -OFFICE MEMORANDUM Honorable Xavier L. ,Suarez +ro: Mayor r �hAw PROW Miller J. Dawkins Commissioner December 2, 1992 OAT& FILL: SUBJECT: Legioletive Consultant Service In Washington, DC REtt'ERRNCEf: ENCLOSURES: There has been a change in Washington, D.C., from a Republican Administration to a Democratic Administration. I would suggest that the City acquire a legislative firm, that has some Democratic ties. I am asking to consider this at the December 10, 1992 commission meeting, why? Because by January 20, 1993, all the players for the new administration will have been identified, and the City of Miami should know who they are. I am sending you a proposal which I asked the firm of Washington and Christian to send. Please review and be ready to discuss at the December 10, 1992 meeting, and perhaps vote to obtain legislative services from this firm. . cc* Vice Mayor, Victor DeYurre Commissioner Miriam Alonso Commissioner J. L. Plummer ,4esar ©dio, City Manager Attachments 92- 794 This Agreement entered into this _ day of , 1993 by and between the City of Miami, a municipal corporation of the state of Florida, hereinafter referred to as '"CITY", and Washington 4 Christian, a law firm based in Washington, D.C., hereinafter referred to as *CONSULTANT". RECITAL; WHEREAS, the CONSULTANT has proposed to provide legislative consulting services in Washington, D.C. for the City of Miami; ` and WHEREAS, the inauguration of a new federal Administration will have an impact on the CITY's receipt of federal funds; and WHEREAS, CONSULTANT's expertise will assist the CITY in obtaining needed federal funds, and WHEREAS, the CITY is desirous of receiving legislative consulting services from CONSULTANT; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: ZW. 4` The tam of this Agreement shall be from December IS, 1991 through D®cembar 14, 1993. s. t1 - 2 AMR AF SERYYCESt CONSULTANT shall: (1) Confer with the Mayor, the City Commissioners, the City Manager, and such other City personnel as the City Manager may designate at the time and places mutually agreed to by t e City Manager and the CONSULTANT on all organizational planning and program activity which has a bearing on the ability of the CITY to make the best use of federal programs; and (3) Maintain liaison with the CITY"s Congressional Delegation, and shall assist the Delegation in any matter which the CITY determines to be in its best interest; and (3) Counsel with the CITY regarding appearances by CITY personnel before Congressional Committees and federal administrative agencies; and (4) Assist the +CITY in the review of federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the CITY of those items mutually agreed upon which may have a significant bearing on the CITY policies or programs; and (5) Assist in contacting federal agencies including the White Douse in Washington, D.C., on the CITY's behalf %J 92- 794 81 on a mutually agreed upon basis when CITY funding applications are under consideration by such agencies; and _ (6) Consult with the CITY regarding any proposed formula changes and new legislative initiatives in any Federally funded programs or projects to determine their impact on the CITY, and take the necessary steps as mutually agreed upon to bring about changes in they best interest of the CITY. F!� =ZNSATION: A. CITY shall pay CONSULTANT, as maximum compensation for the services required pursuant to Paragraph 11 hereof, $50,000, documents and out-of-pocket expenses not to exceed $90000 annually. 8. Such compensation shall be paid an the following bases: Twelve (12) equal monthly installments of $40166.00 beginning December 15, 1992, plus documented out-of- pocket expenses, reimbursed by monthly invoice, not to exceed $50000.00 annually. C. CITY shall have the aright to review and audit the tines records and related records of CONSULTANT pertaining to any payments by the CITY. 794 -S M - 4 Both parties shall comply with all applicable lawsp ordinances and codes of federal, state and local governments. - �� fit: ;, • �!► • � A. B. ys All notices or other communications which shall or may- be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. -Such notice shall be deemed given on the day on whizin personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. City Manager"s office 3500 Pan American Drive Niami, Florida 33133 Washington & Christian 805 15th Street, N.W. Washington, D.C. 30005 Title and paragraph headings are for convenient reference and are not a part of this agreement. C,. . . 2n the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. 92- 794 - 5 - D. No waiver or breach of any provision of this Agreement shill constitute a waiver of any subsequent breech of the same or any other provision hereof, and no waiver shall be effective unless made in writing. S. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to i;.,s invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform =f with such laws, or if not modifiable to conform with such laws,. then same shall be deemed severable,, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. y OWIdEUKIP QF 00M1�R=S• - All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuant to paragraph IZ hereof and shall become the property of CITY, without restriction or limitation on its use. CONSULTANT agrees that all documents maintained and generated pursuant to this contractual �: 92- 794 relationship between CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. 'T'c is further understood by and between the parties that any Information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CM to CONSULTANT pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by CONSULTANT for any other purposed whatsoever without the written consent of CITY. NONDELEGARTLITY. That the obligations undertaken by CONSULTANT pursuant to this agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. AUDIT RIGHTS: CITY reserves the right to audit the records of CONSULTANT at any time during th* performance of this Agreemant and for a period of one year after final payment is made under this Agreement. 7 - X 4 P. M OF _ AMEE�iENT s CONSULTANT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the (CITY any face, commission percentages brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. �q CONSTB=10 of AMEpiENT s This Agreement shall be construed and enforced according to the laws of the State of Florida. SUCES o AND AS819HSs This agreement shall be binding upon the parties herein, their heirs, axecutorar, legal representatives, successors, and assigns. 0 THMMUC TToi1'a CONSULTANT shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of CONSOLTANT•S activities under this 92- 794 to S Fr-3 Agreement, including all other acts or omissions to act on the part of CONSULTANT, including any person acting for on or its behalf, and, from and against any orders, judgments, or decree which may be entered and frow and against all costs, attorneys, foes, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. . A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONSULTANT further covenants that, in the performance of this Agreement, an 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. M. CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code 2, Article v), Dade County Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. to r. w 92•- 794 Y e R .es g .a CONSULTANT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil service or Pension ordinances of CITY, or any rights generally afforded classified or unclassified employees; further he shall not be deemed entitled to the Florida workerst Compensation benefits as an employee of CITY., M TMINATi ION OF_ CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to paragraph 11 hereof without penalty to CITY. In that *vent, notice of temination of this Agreement shall be in writing to CONSULTANT, who shall be paid for those services W- formed prior to the date of its receipt of the notice of termination. In no case, hovever, will CITY pay CONSULTANT an mount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CQNSULTANT that any payment made in accordance with this Section to CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement, If CONSULTANT is in default, then CITY shall in no way be obligated and shall not pay . i$ t . 9 - 794 l - 10 to CONSULTANT any sum whatsoever. j��IB IMINATiON CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, national origin, or handicap in connection with its performance under this Agreement. Furthermore that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. N=XTX ,fit IM MENT COMPLIANCE: CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable } substantive and procedural provisions therein, including any .; amendments thereto. MnIN RCK CLAMP-0 Funding for this Agreement is contingent on the availability 92- 794 of funds and continued authorisation for program activities and is subject to amendment or termination due to lack of funds, or authorisation, reduction of funda, and/or change in regulations. . XT�Ls nEFA= PROVISIONt In the event that CONSULTANT shall fail to comply with roach and every term and condition of this Agreement or fails to perform any'of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to CONSULTANT may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to CITY. This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said grant and correctly sets forth the rights, duties, arA 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. 92- 794 1.3 - 12 No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS THEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this day and year first above written. ATTEST: MATTY HIM City Clerk WITNESS: AS TO CONSULTANT) APPROVED AS TO INSURANCE: CITY OF MIAMI, a :municipal Corporation of the State of Florida By: CESAR H. ODIO City Manager CONSULTANT: Washington & Christian BY: James x. Christian,, Sr. APPROVED AS ", FORK AND CORRECTNESS: 92- 794 WASiIINGTON & CHRdSTiA1v PrOpOsal for RePresentation CitY Of Aoliami NOvelnber, 1992 t on behalf of the .law fish of Washington & Christian (the °1Firm" s , we have prepared a proposal presenting our legislative and administrative services for the review and consideration of nembers of they City of Miami Government. The information contained herein provides the general capabilities of the Firm and outlines the strategy to be used by our Firm to achieve the City's legislative priorities. The Firm views this representation as a groat honor and would accord the City the highest priority. We bring to these tasks, specific experience, success in similar endeavors, creativity, enthusiasm, and our belief that the interests of the City can be achieved in large measure through effective, efficient and affordable legal and legislative representation by your Washington, Washington i Christian is a diverse and dynamic law firm with a solid bipartisan base composed of attorneys and other professionals, some of whom have served as party officials, a specialist in legislative representation„ administrative and regulatory proceedings, the Firm is particularly well -positioned to address issues important to the City. WASHiNG'tON & CHPJOTIAN 0 # The Firm will work to develop open access to discuss Miami's 7 policy positions with influential decisionmakers and policy groups i when issues are considered and relevant decisions are sad'. By virtue of the experience of the team assembled to represent the } interests of Miami, and our experience with the City's case directly to Federal decisionmakers in the most persuasive manner possible. t Members of the Firm have been respected for their expertise and advocacy among high level officials in the Bush administration, as well as the Chairmen and Members of the key committees in the Congress. We also have good working relationships with administrative and Congressional staff members, who are an invaluable conduit in the formulation of Federal policy positions by their respective Federal agencies and Members of Congress. We will work alongside Florida's Senators and Congressmembers sympathetic to the Concerns of the City and their constituents in order to broaden Congressional support for legislation beneficial to the City. The Firm is also well positioned to access key decisionmakers who will comprise the incoming Clinton F Administration. s s� (4� Y F 794 i V Vie v C� ",U �II.l�i'ORY FOLICZ�� t The firm maintains sophisticated computer resources and t subscribes to daily and weekly periodicals which monitor the 1 activities of specific Federal agencies and Congressional Committees of interest to the City. The Congressional „HegQrd. Federal Reg,JL=, mayor hearing transcripts, bills, committee reports, press releases and other legislative documents are s available from and updated daily on NEXIS, l sgi-Slate, WESTLAW and s other on-line systems. In addition, Firm attorneys and other professionals receive monitoring publications and summaries on a daily basis. 2. Paragrofessignal Assistance We will design an appropriate issue search which incorporates the City's agenda. An experienced paralegal will be assigned: to the Miami account to monitor all relevant publications on a daily basis and to prepare regular reports synthesizing major relevant information. Reports will be issued as required and will incorporate information derived from meetings and conversations 4 with decisionmakers as described below. E -3-- We will meet and speak regularly with decisionmakers and staff in the Clinton Administration and in the Congress to promote the interests of the City and to monitor accurately all significant developments. Information obtained from these discussions will be tr. eimsmitted in weekly reports to the City. Fire will also meet regularly with members of the Florida delegation. 4. visits by City Officials The Firm will enhance the profile of the City by arranging meetings at strategic times between Federal policymakers and the Mayor, City department meads and Members of the City Council. We will brief City leaders thoroughly in advance of these meetings and prepare the required materials. Meeting summaries will be prepared for reports presented to the City. A. ?JILITX ZQ CMERIMZ M POOL CITY UBURCEE WITS OTHER Zm AOIN.IA9 T© URRIS,@ IMPORTANT 16OUND OF =UAL CONCERN Strategic planning is an essential element of every successful government relations program. The City-"s limited resources must be protected and conserved. Political capital should be used only when the interests of the City deviate significantly from the 92- 794 r s Anterests of trade a►ssoctations and other organizations ` representing the general Interests of the City. x Increasing demands placed on the fiscal .and programmatic policynra►king structures of Federal, State and local goverz onto have created much greater competition for scarce existing resources. The 1990 budget summit compounded this problem by restricting the ability of Federal lawmakers to move outside of - domestic discretionary spending limited to appropriate more funds to the cities. However, this will change slightly beginning with �- the fiscal year 1994 budget cycle. For instance, the argument that we should buy one less B-1 bomber and rechannel those funds into educational grants will regains some currency in the 103rd Congress. 7be key to the success of our efforts on the City•s behalf in this budget climate therefore will rest on our knowledge of the City's � r issues, ability to persuasively present the City -to concerns in a timely fashion, discovering innovative funding opportunities early in the policymaki,ng process and coordinating our efforts with = representatives who have similar interest, to z=imite the Cityrs contacts and ours. !- 8n other issues of concern to the City, we will attend group { meetings and coordinate information and efforts with national representative groups including: U.S. Conference of mayors, the - J national League of Cities, the National Conference of Black Mayors, ...E -5-- - - F - k e 1 f i 9. ',- 794 4 .. ! + - �. WASH NG'.S'+ N 6: i HRIST AN !� stational Association of Countries, National Governors . A,ssociation r and the scores of more specialized associations represented in Washington, D.C. By participating with the most active of these lb organizations, we can monitor areas of common concern and attempt to direct a portion of their considerable resources to advocate z particular issues on the City's legislative agenda (e.g., increased resources for infrastructure development, literacy grunts, youth services, child care, affordable housing, etc.). Each issue of interest to the City has a constituency of grass -roots and trade r E association allies with whom we will work. Ad -hoc coalitions have formed to support many of those broader meetings, allocate Members fi to contact, count votes, coordinate narrower issues only advocated by the City and its representatives. s We have organized coalitions and have worked with them ` successfully in our representation of other local government entities covering a range of issues including transportation, i' environmental, and human service programs. I F t' B. ABILITY To MERSTAND AND INTEGRATE BTATE AND nTIQ28'!1L 2gBIIE® WHICH ArZECT xIAXI C. l }: Many of the Firm's personnel described below have served in local and Federal government and understand the complex r distribution of jurisdiction among the Federal government and state V .. 6 i 'ASHINGION AL C'NRtSMN w s r. and municipal governments in the different areas. Firm personnel have: actively participated in drafting and refining nany of the L Federal block grant programs that have shifted authority (and insufficient resources) back to state and local administration and control._ This combination of experience and substantive knowledge y T makes the Firm unique in efficiently and effectively advocating Miami°s Legislative Agenda. !. ZZESO ML MSORRCEB MiD CREDENZZMJ The Firm is a proven expert in the area of government relations and public finance. We represent a broad national, international, and local client base. Solving problems is the Firm's primary goal. To achieve this objective, we have assembled the finest staff available. The diversity of talents they represent enable us to spear solutions in all three branches of the U.S. government - legislative, executive, E_ and judicial - simultaneously. This results in faster resolution of issues at the highest level of government with responsive personal attention. r The following is a brief description of the government relations and public finance practice groups and biographical t� - 7 - ry r 92- 94 WASHINGTON & CHRIM" V information concerning the person* who will participate in the representation of the City. The members of the Kiami Proj*ct Team are chosen from the Governmental Practice Group (the "Group"). The Group is engaged in the craditional Washington practice of representing clients before departments and agencies of the Federal government, committees of the Congress and the government of the District of Columbia. The Group represents trade associations, local governments, ministries and embassies of foreign governments, and domestic and foreign corporations, among other clients. The interest of these clients are pursued before such agencies as the Department of Justico, Department of Transporation, Department of Commerce, Department of Health and Human Services, Environmental Protection Agency, Department of Defense, Array Corps of Engineers, Department of Housing and Urban Development, Department -of Agriculture, and Federal Reserve Board. The Department is headed by Robert R. Washington, Jr., with coordination functions performed by James X. Christian, Sr. Xr. Washington has served as Chief Counsel and Staff Director of the House of Representatives Committee on the District of Columbia. _ 8 — 92-- 794 a y- r e I WASHIINGTON & cuaterIAN Mr. Washington and Mr. Christian have served an Chairman of the District, of Columbia Democratic State committee and Mr. Washington as a member of the Executive Committee of the Democratic National Convention. ]M88ZNoToH, It, to the Managing Partner of Washington b Christian. He also heads the Government Practice Group and the Public Finance Section. No earned his LL.M. from Harvard Laws School, his J.D. from St. Peters College. Mr. Washington has been an active lawyer and public figure in the District of Columbia, as well as nationally. He has served as Chief Counsel and Staff Director of the house Committee on the District of Columbia and as Counsel to the united States Senate Committee on the District of Columbia. He served five consecutive terms as Chairman of the District of Columbia Democratic State Committee and was a member of the Executive Committee of the Democratic National Committee. Further, he served as a member of President Carterfs Export Council and as Chairman of the Task Force on the Export -Import Bank. - 9 - 'STASH►. NGTON CHRISil AN. Par. Washington has represented clients in all aspects of international transactions, government relations and public finance. Presently, Mr. Washington serves as a Director of The Home Group, The Medlantic healthcare Group, Medlantic Management V Corporation, Healthcare Partners, Inc., the Greater Washington Board of Trade, the Federal City Council, the Corcoran Gallery of Art and the National Symphony orchestra. Mr. Washington is a member of the bars of the District of Columbia and the State of New York. J=11 M. CERXITIM, ER,, is a partner at Washington S Christian. Mr. Christian is a graduate of the Harvard Law School (J.D. 1973), and received his B.A. in Political Science from Howard University, graduating mag a g= laude. There he was elected to Phi Beta Kappa and Pi Sigma Alpha, the Political Science Honor Society. i He has served as Deputy Minority Counsel for the House Committee on the District of Columbia where he advised members of Congress regarding legislation affecting the Nation°s Capital. After serving in this capacity for two years, Mr. Christian was appointed Chief Counsel of the Urban Maass Transportation } :. .� 1p .. E 92- 794 WASHING'T+ON & CHhtSTAAN Administration in the United States Department of Transportation, There, he provided legal advice and -counsel to the Secretary of Transportation with regard to administrative actions, legislation and litigation impacting on urban mass transit system in the United $tat*$. a Mr. Christian has also served as General Counsel to the Council of the District of Columbia, the legislative forum for the District of Columbia Government. He advised the thirteen local legislators concerning the legal consequences and meaning of all legislative measures enacted into law during his two-year tenure. This advice encompassed all areas of legislative endeavors ranging from reforming the criminal code to Home Rule issues associated with the District's unique relationship with the United States t_ Congress. i4 Mr. Christian represents clients before the United States Congress and the Council of the District of Columbia and prepares i and presents legislation and testimony for various clients before both of those legislative bodies. to addition, Mr. Christian advises clients with respect to their interaction with local and Federal administrative agencies in the areas of bealtheare and government contract negotiation. Mr. Christian, a member of the r Public Finance Practice Group, is also responsible for coordinating W&C*s legal efforts as revenue bond counsel for the District of -11�- a 92— 794 Columbia as well as providing supervision of the representation of underwriters. He has appeared as a litigator in the united States District Court, the Superior Court of the District of Columbia and has argued cases before the Court of Appeals for the District of Columbia. He also appears before several local# Federal and intergovernmental administrative agencies, boards and commissions. Mr. Christian is a member of the District of Columbia Bar, the National Bar association and the American Bar Association. BTEVEN L. pgV1TT, before joining the Firm as a government relations advisor, served as Executive Director of the Committee on the Budget of the United States House of Representatives and as a senior legislative and political advisor to Congressman William H. Cray, 1II, Majority Whip of the United States House of Representatives and former Chair of the Committee on the Budget. As a key staff member he has worked closely with Members of Congress and staff who make fundamental funding and policy decisions affecting local governments. Mr. Pruitt's Washington experience also includes service an Staff Director of the Census and Population Subcommittee of the e j house of Representatives, Committee on Post Office and Civil Service, Director of Congressional Relations for the AFL-CIO Public Employee Department, Assistant Director of Legislation for the 12 -- y. i 92 �.,. 4 4 - 794 WPM Z- m- ft 4 r' LI American Federation of State, County and Municipal ftployeas 'Union (AFSCE) and Special Assistant to united States Senator Howard Netsenbaum (D-OH). FOND --Q MIJ (B.A. Law, Canterbury, England) . No. Cyewole has assisted with legislative and administrative matters before the U.S. Congress and before the administrative and legislative branches of the Government of the District of Columbia. Ms. Oyewole has assisted With the representation of foreign and domestic governments. TRIM P2RKQ is a graduate of Georgetown University Law Center (J.D. 1987). She attended Smith College (A.B. French Language and Literature) where she graduated with Honors and wrote her honors thesis entitled *La Negritude Cesairienne: la creation d1un Theatre Negre." No. Purks lived and studied in Geneva, Switzerland for nine years, and is fluent in French. She is also proficient in Spanish. Prior to coming to the Firm as a full time attorney, Ms. Purks clerked with the World Bank in the legal department (West Africa Division). During her tenure at the World Bank she wrote a position paper comparing parastatals or state-owned enterprises in a sample of French and English-speaking African countries including Kenya, Ghana, Senegal, Togo and Zambia. - 13 - �t 92- 794 No. Purks assisted in the general representation of a diverse group of local, national, international corporations, and foreign governments. In addition, No. Purks has worked on various matters in the to lecommunicat ions field notably, comparative hearings, Instructional fixed Television service (ITFS), and cable transactions, among others. No. Purks is a member of thr `-Oistrict of Columbia and Pennsylvania Bars. CMIG{ L. AIENX is a graduate of The George Washington -- University National Law Center (J.D., with honors, 1996), whore he served as a member of the George Washington Law Review, and also - graduated from Carneige-Mellon University (B.S. 1965). He is a member of the Bars of the District of Columbia and Pennsylvania., and the American Bar Association. Mr. Wiener has assisted in the general representation of a diverse group of local, national, and international corporations, and foreign governments. He has assisted with matters before the United States Congress and the Administration as well as regulatory and administrative proceedings -before the federal and local governments. 11OXGUIRA LOPEN BORON6 KING attended Wesleyan University (B.A. 1987) and is a graduate of Georgetown University Law Center (J.D. 1990), where she participated in the Center for Applied Legal Studies and represented clients in regulatory and administrative proceedings before the federal and local governments. She has 14 - 92- 794 assisted in a number of matters in the international and litigation sections of the rirm. ate. Borges is fluent in cape Vardean Criuolo and prof icient in Portuguese and is a member of the Connecticut 4. Bar. t a. The Public Finance Department addresses not only the traditional areas of municipal law and the federal tax practice W- associated with it, but also the requirement of a sophistical capital market. The Departments representation includes the preparation and review of general and specific laws, as well as the preparation of necessary resolutions, acts and documents for agencies, authorities, boards, cities, towns, counties and other political subdivisions and public benefit corporation or -trusts. When appropriate, the Department takes a major role in determining the debt structure and in working with issues and R bankers in obtaining ratings on the debt, marketing the debt and providing documentation required is meet objectives and close the F financing. In the area of tax-exempt finance, the Department represents Issuers, investment bankera, placement agents and other borrowers or lenders of money on a tax-exempt basis. The Firm is listed as 15 M L ' i 92- 794 777.7 ,�.: �- WrtL.^sn�.��wav�� tom+.. +►.•cAfns�,+, �� t recognized bend Counsel in ilg Bond Buver''s Directory of Municipal bons! Dealera of the United Statea. E.. a Tho Department is headed by ROBERT S. WASHINGTON, JR., and t JVWS M. C7t US'TI" t SR. a ism .5. aIMPRSNB graduated from Vanderbilt University (B.S. Magna Cum Laude 1977), the University of Virginia School of Law (J.D. 1980) and received a Master of Laws in Taxation from Now York Universit► (LL.M. 2.984). Ms. Simpkins is a member of Phi Beta Kappa. { Ms. Simpkins has served as bond counsel, underwriter's counsel, developer's counsel and lender's counsel in connection with various types of municipal bond issues, community development district infrastructure financings and other governmental and "private activity" bond issues. r- Prior to her association with the Firm, Ms. Simpkins practiced 1: in the areas of municipal finance and taxation with Yaw firma in f New York and Florida. From 1982 to 19840 Ms. Simpkins co-authored various tax -related articles published in The Review of Taxation of Individuals. GIs. Simpkins is a member of the District of Columbia, New York and Florida Bars. Z_. « -16- ; ;92-- 794 00 WASHINGTON & CHRISTIAN xgp &_JagM graduated from the state University of Now "!Mark .at Stony shook (B.A. Magna Cum Dude 1980) and Vanderbilt University School of lAw (J.D. 1983) . Mr. Lerner is a member of phi Beta Kappa and pi sigma Alpha. Prior to his association with washington & Christian, Mr. Lerner practiced in the area of public finance with the law firms of Hutchison price Boyle & Brooks and Akin, Dump, Strauss, Hauer & Fold in Dallas and San Antonio, Texas and Scrod Huggins in Masphis, Tennessee. Mr. Lerner has experience as both bond counsel and underwriter's counsel in connection with the issuance of small issue exemption bonds; single and multi -family housing bonds; qualified 501(c)(3) bonds; municipal risk management/self-insurance bonds; pooled financings; and governmental bonds. He is a member of Bars of the District of Columbia and the States of Texas and Tennessee. _ proposal.mia 17 s 92 794