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2008-26757 ResoRESOLUTION NO. Zoos-26757 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF THE GOVERNMENTAL SERVICES AGREEMENT BY AND BETWEEN THE CITY AND JORDEN, BURT, LLP, FOR FEDERAL LEGISLATIVE SERVICES, TO THE MWW GROUP; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONSENT TO ASSIGNMENT EFFECTIVE AS OF FEBRUARY 1, 2008. WHEREAS, on December 20, 2000, the Mayor and City Commission approved Resolution No. 2000-24219, authorizing the Mayor and City Clerk to execute a professional services agreement with the firm of Jorden Burt, to provide governmental representation and consulting services in Washington, DC in the amount of $90,000, inclusive of expenses; and WHEREAS, the Professional Services Agreement was executed for an initial term of two (2) years, with two (2) additional one (1) year options to renew. On February 25, 2004, the Mayor and City Commission approved the renewal of the second of the two (2), one-year options; and WHEREAS, on November 25, 2004, the Finance and Citywide Projects Committee (the Committee) expressed satisfaction with the Consultant's performance representing the City, notably the stormwater and intermodal appropriations secured in the 2005 Appropriations Bill. WHEREAS, the Committee recommended that the Administration negotiate a new agreement with the Consultants, which was presented to the City Commission on January 12, 2005; and WHEREAS, on January 12, 2005 the Mayor and City Commission approved Resolution No. 2005-25794, authorizing the May and City Clerk to execute an agreement for governmental services, in the amount of $100,000, between the City and Jorden Burt, LLP; and WHEREAS, on October 31, 2007, the Administration received correspondence from Jorden Burt outlining a decision that had been made to separate the Government Relations practice from the law firm practice of Jorden Burt, which was a structural change consistent with recent changes in federal legislation; and WHEREAS, on February 1, 2008, the City received further correspondence from Jorden Burt, acknowledging the separation of the Government Relations practice and agreeing to the representations made in the October 31, 2007 letter; and WHEREAS, the Governmental Relations Practice joined the MWW Group effective February 1, 2008; and WHEREAS, all terms and conditions of the existing agreement will remain in place, and the City should receive an enhanced level of service given the increase in the number of staff that will provide governmental relations service. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida, approve the Assignment of the Governmental Services Agreement by and between the City and Jorden Burt, LLP, for Federal Legislative Services to the MWW Group; and further authorizing the Mayor and the City Clerk to execute a Consent of Assignment effective as of February 1, 2008. PASSED and ADOPTED this 13th day of February , 2008. yo A E T: Matti Herrera Bower WV CITY CLERK Robert Parcher APPROVED AS TO FORM & LANGUAGE FOR GUTION ~Itk°~ tome Date COMMISSION ITEM SUMMARY Condensed Title: A resolution approving the assignment of the governmental services agreement from Jorden Burt to the MWW Group. Ke Intended outcome 5u ortea: Supports Multiple KIOs Supporting Data (Surveys, Environmental Scan, etc.): The quality of the beaches appears as one of the most important areas affecting quality of life. More recreational opportunities is ranked as one of the changes that will make Miami Beach a better place to live. Storm drainage catch basins cleaning citywide; j improving infrastructure was listed number 5 in important safety areas for the City to address. Issue: Shall the City Commission approve the assignment of the City's Governmental Services Agreement for federal legislative services from Jorden Burt to the MWW Group? item ~ummaryircecommenaat~on: On October 31, 2007, the Administration received the attached correspondence from Marilyn Berry Thompson, the Director and Chair of Jorden Burt's Government Relations practice, outlining a decision that had been made between herself and Jim Jorden, the Managing Partner of Jorden Burt. The decision was to separate the Government Relations practice from the law firm practice of Jorden Burt, which was a structural change consistent with recent changes in federal legislation. Furthermore, as discussed in the meetings between the Mayor and each Commissioner with the lobbying team, Ms. Thompson and the Government Relations team joined the MWW Group, effective February 1, 2008. On February 1, 2008, the City received the attached correspondence from James F. Jorden, acknowledging the separation of the Government Relations practice and agreeing to the representations made in Ms. Thompson's October 31, 2007 letter. All terms and conditions remain the same. Board Recommendation: Financial Information: Source of Amount Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Kevin Crowder, Economic Development Si n-Offs: Department Director s i nt City Manager ity Manager L U U m MIAMIBEACH AGENDA ITEM G7y DATE ~ /.'3-+O~ m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: February 13, 2008 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF THE GOVERNMENTAL SERVICES AGREEMENT BY AND BETWEEN THE CITY AND JORDEN, BURT, LLP, FOR FEDERAL LEGISLATIVE SERVICES, TO THE MWW GROUP; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONSENT TO ASSIGNMENT EFFECTIVE AS OF FEBRUARY 1, 2008. Administration Recommendation Adopt the Resolution. Analysis On December 20, 2000, the Mayor and City Commission approved Resolution No. 2000- 24219, authorizing the Mayor and City Clerk to execute a professional services agreement with the firm of Jorden Burt, to provide governmental representation and consulting services in Washington D.C., in the amount of $90,000, inclusive of expenses. The Professional Services Agreement was executed for an initial term of two (2) years, with two (2) additional one (1) year options to renew. On February 25, 2004, the Mayor and City Commission approved the renewal of the second of the two (2), one-year options. On November 25, 2004, the Finance Committee met to discuss the federal legislative services agreement, and whether or not a Request for Proposals (RFP) should be issued. The Committee expressed satisfaction with the Consultants' performance representing the City, notably the stormwater and intermodal appropriations secured in the 2005 Appropriations Bill. The Committee further felt that these services were similar to legal services, whereby the City contracts with the firm it feels will best represent its interests. The Committee recommended that the Administration negotiate a new agreement with the consultants, which was presented to the City Commission on January 12, 2005. On January 12, 2005, the Mayor and City Commission approved Resolution No. 2005- 25794, authorizing the Mayor and City Clerk to execute an agreement for Governmental services, in the amount of $100,000, between the City and Jorden Burt, LLP, with the following terms: • Term: Three (3) years, Seven months with two (2), one-year options to renew. February 13, 2008 Commission Memorandum -Governmental Services Agreement Page 2 of 2 • Amount: $100,000 per year beginning the first full year of the agreement (Oct 2005- Sep 2006), with a CPI escalator each year, beginning with the second full year of the agreement, and including the option years. On October 31, 2007, the Administration received the attached correspondence from Marilyn Berry Thompson, the Director and Chair of Jorden Burt's Government Relations practice, outlining a decision that had been made between herself and Jim Jorden, the Managing Partner of Jorden Burt. The decision was to separate the Government Relations practice from the law firm practice of Jorden Burt, which was a structural change consistent with recent changes in federal legislation. Furthermore, as discussed in the meetings between the Mayor and each Commissioner with the lobbying team, Ms. Thompson and the Government Relations team joined the MWW Group, effective February 1, 2008. On February 1, 2008, the City received the attached correspondence from James F. Jorden, acknowledging the separation of the Government Relations practice and agreeing to the representations made in Ms. Thompson's October 31, 2007 letter. As part of this transition, the federal lobbying team will be working with the General Manager for all MWW Group Washington Operations. Ms. Thompson will become Executive Vice President for the MWW Group's Governmental Affairs practice, and the City's current six- person federal lobbying team will move from Jorden Burt to the MWW Group, where eight additional existing MWW staff will join the team, with authority to hire an additional two people for the grant support service. Conclusion All terms and conditions of the existing agreement will remain in place, and the City should receive an enhanced level of service given the increase in the number of staff that will provide governmental relations service. The Administration recommends that the Mayor and City Commission approve the attached resolution and authorize the assignment of the Governmental Services agreement from Jorden Burt to the MWW Group. JMG/HF/kc Attachments February 1, 2008 Letter from James F. Jorden October 31, 2007 Letters from Marilyn Berry Thompson Governmental Services Agreement between the City and Jorden, Burt. UL/U4/'LUUtt UU:1G t''A1LLU'GGNt345U"7 MW'W Jan 31 20(78 3:52PM RlZianz fife x.025 Thomas ]effcxson 5trett, N. W Suxbm 4Q0 ~a3t ~iy'as~ti:tgton, ~p.C. 2b007-5208 ~ao~~ ass-sloo ~~; (7.02) 965-8I tl4 76576563';8 tpJ UUL p.2 777 Dck]aJi Avaoae ' SUiu 500 Mia~i,Fi, 33731-2803 (3057 371-?.G()0 Fax; (305} 372-992$ 1751'oweer Forst Dr1vc Scbte 201 Simsbtu9. CY" 06089.9658 (860) 79Z•5~ Fnx: (860) 392.5058 Mr, Jorge Gozzzalea City Manager City of Miami Reach. Florida 1700 Canveution Center Drive Ivliami Beach, FL 33129 Dear 1vlr. Gc~nzate~: Fe~iruary 1, 2008 Puzsuax~ too inforn~ation gtt'ovided to the City oi'Miax»i 13cach by Marilyn berry Thow.psolz in her letter of October 31, 2007 regarding the iransitioQS oecuau~g at the law firm of 7orden Butt. this letter' confuaxls that we agxoe with the zeprosentatiorJ~,a made by Ms. Thompson. As you axe awate,lviS. 'Thoxnpsa» has beets. the primary professiar~al engaged by you and by us undex our cx~ritract Ear federal government relations seacviees. We leave been enga$cd iat ensuring au axxlicable and orderly'transition with Ms Thompson of Yter professional seavices and practice, effective February ~, ?•008. I)oc #1gg3g1v1apC0!> Managing Pactx~er 3arden Bwrt LI.P wsr+r,~erder~~actoora .~f~J 31 2008 27=02 '763765b3S5 PAGE. 02 J•ORDEN ~c~J~~ELCr,~t; ASSET i-;^. I025 THOMAS JEFFERSON STREET, N.W. 2~~~ ~tiUt~ _~ J, f, ! 777 BRICKS SUITEN00 SUITE 400 EAST - J ~ 5 MIAMI, FL 33131-2803 WASHINGTON, D.C. 20007-520H (305) 371-z6oo (zoz) 965-8100 I'~ (3D5) 372-99z8 FAX: (202) 965-8104 17S POWDER PORES"I DRIVE SUITE 201 S[MSBURY, CT 06089-9658 October 31, 2007 (860) 392-Sono F,ix: (860) 392-5058 Mr. Kevin Crowder l;co_iomic Developmel~It Division Director City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Dear Kevin, As you may recall, last month we discussed the decision that has been made between Jim Jorden and me, as Director and Chair of the Government Relations practice, to separate our Government Relations practice from the law firm practice of Jorden Burt, a structural change consistent with recent changes in federal legislation. This change in structure is similar to one that has been implemented by others in Washington. When we last spoke, we indicated that you would be receiving a formal letter that would notify you of these structural changes at least 60 days in advance. The attached letter represents that formal announcement, but we want to reassure you that we will be in touch shortly to discuss this further and to provide you with all relevant updates. We hope also that if you have any particular questions or concerns that you would contact us just as soon as possible. Sincerely, arilyn erry Thompson JORDEN I025 THOMAS JEFFERSON STREET, N.W. SUITE x}00 EAST WASHINGTON, D.C. 3000']-5208 (303) 965-8100 Fnx: (303) 9G5-81o4 October 31, 2007 Mr. Kevin Crowder Economic Development Division Director City of Miami Beach 1700 Convention Center Drive Miami Beach. FL 33139 Dear Mr. Crowder: 777 ~3RICKELL AVENUE SUITE SOO MIAMI, FL 331;I-28o3 (305) 371-z6oo Fax: (305) 372-99x8 7']S POWDER FOREST DRIVE ~UITE 20I SIMSBURY, CT o6o8y-y658 (860) 392-Sooo Fax: (860) 392-5058 The purpose of this letter is to inform you that as of January 1, 2008, the Government Relations team will begin providing these services outside of the law firm of Jorden Burt LLP, and as a new entity. We wanted to let you know that given the maturation and expanded scope of our Government Relations practice, we have decided to focus our full effort in a setting and structure solely dedicated to providing Government Relations services. We want to emphasize that we have enjoyed and benefited from our relationship with Jorden Burt LLP, which is truly one of the finest law firms of its kind in the country. We will strive to ensure that this will be a nearly seamless transition. We want to assure you that we will be maintaining the quality and depth of our services and fully expect that there will be no change in your professional and personnel relationships. We fully expect that any changes will be the result of an expansion and strengthening of our capabilities. We believe that the only adjustments will be the name of the business entity and the structure through which we function. The purpose of this communication is to provide you with a formal notification of the decision that we have been speaking personally to you about, and to ensure that you were provided with a fu1160-day notice of this change. We will be in touch with you following your receipt of this letter to furtiYer discuss our plans as a well established GR team, as well as to identify any steps that may need to be taken to help facilitate this seamless transition. Additional details will be provided as we finalize our new structure. Serving you is an honor for us and we are committed to the continuation of our service. Sincerely, t~~ e Marilyn Berry Thomps n CITY OF MIAMI BEACH ~J GOVERNMENTAL SERVICES AGREEMENT -~' ~ `S ~©Ds THIS AGREEMENT made and entered into this 20th day of Feb_ ruary, 2005, between the CITY OF MIAMI BEACH, hereinafter called the CITY, a municipal corporation of the state of Florida, and the firm of JORDEN, BURT, B LLP., hereinafter called the CONSULTANT. '~~ WITNESSETH: In consideration of the promises and mutual covenants hereinafter contained, the parties hereto agree: 1. OBLIGATIONS OF THE CONSULTANT A. The CONSULTANT will confer with the Mayor and the City Commission: the City Attorney; the City Manager, and other such City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager and the CONSULTANT on all organizational planning and program activity which have a bearing on the ability of the CITY make the best use of Federal programs. B. The CONSULTANT will maintain liaison with the CITY'S Congressional delegation and will assist the delegation in any matter which the CITY determines to be in its best interest. C. The CONSULTANT will counsel with the CITY regarding appearances by City personnel before Congressional Committees and Federal administrative agencies and will assist the City and its personnel in negotiations with administrative agencies concerning City projects requiring Federal assistance and cooperation. D. The CONSULTANT will assist the CITY in the review of executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other developments for the purpose of advising the CITY of those items mutually agreed upon that may have a significant bearing on the CITY policies or programs. E. The CONSULTANT will communicate and coordinate with other lobbyists representing interests which are consistent with those_ of the CITY in obtaining the goals and objectives of the CITY. F. The CONSULTANT will assist in contacting Federal agencies on the CITY'S behalf on a mutually agreed upon basis when City funding applications are under consideration by such agencies. 2 G. Identify and notify the City in advance of opportunities such as grant opportunities and funding availability for transportation, community and economic development, environmental matters, beach renou rishment, infrastructure improvement, hurricane recovery efforts, housing and urban development, homeless programs, intermodal programs, and any other areas of interest to the City. H. Establish and maintain working relationships with the executive and legislative branches of the federal government that will enhance the City's position with respect to financial assistance applications, regulatory procedures, legislation, budget authorizations and appropriations, and other areas of interest to the City. I. 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. J. Upon request of the City, assist the City in any matter related to the Executive Branch of the State of Florida. K. Represent the City at Washington, D.C. area conferences or meetings as 3 requested. L. Conduct asemi-annual briefing to the City to provide the latest information on issues of interest to the City, and submit an annual report of accomplishments concerning the Consultant's responsibilities. 2. OBLIGATIONS OF THE CITY MIAMI BEACH A. The basic agreement for the initial period between February 20, 2005 through September 30, 2005, will be for $7,500 per month. Payments will be in advance in equal monthly installments of $7,500 payable immediately upon execution of this agreement. Year one shall be the first full year of the Agreement, or the period commencing on October 1, 2005 and ending on September 30, 2006, will be for the base of $100,000 per year. Yeartwo and year three of the agreement will be for the base of $100,000 per year plus any adjustment each year based on the Consumer Price Index. C. The CITY will supply the CONSULTANT with the names of persons other than the Mayor and City Commission, the City Manager and the City Attorney who are authorized to request services from the CONSULTANT and the person(s) to which the CONSULTANT should respond regarding specific 4 issues. 3. TERM OF AGREEt1AENT This Agreement shall take effect on the 19th day of February, 2005, and shall terminate on the 30th day of September, 2008, subject to the provisions of paragraph 4. The Agreement may be extended two times for one year each at the sole discretion of the City. 4. TERMINATION OF AGREEMENT The CITY retains the right to terminate this Agreement at any time prior to the completion of the WORK without penalty to the CITY. In that event, notice of this termination shall be in writing to the CONSULTANT who shall be paid for all WORK performed prior to the date of the receipt of the notice of termination prorated as of such date. In no case, however, will the CITY pay the CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the CONSULTANT that any payment made in accordance with this Section to the CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement, in which event (default) the CITY shall, in no way, be obligated and shall not pay to the CONSULTANT any sum whatsoever. 5 5. AWARD OF AGREEMENT The CONSULTANT warrants that it has not employed or retained any company or persons to solicit or secure this Agreement and that it has not offered to pay, any person or company any fee, commission, percentage, brokerage fee, or gifts of any kind contingent or resulting from the award of making this Agreement. The CONSULTANT is aware of the conflict of interest laws in the City of Miami Beach, Dade County, Florida (Dade County Code, Section 2-11.1 } and the Florida Statutes, and agrees that they will fully comply in all respects with the terms of said laws. 6. CONSTRUCTION OF AGREEMENT The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes, and case laws of the State of Florida. 7. AUDIT RIGHTS 6 The CITY reserves the right to audit the records of the CONSULTANT at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. 8. INDEMNIFICATION The CONSULTANT shall defend, indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the CONSULTANT'S activities underthis Agreement, including all other acts or omissions to act on the part of the CONSULTANT or any of them, including any person action for or on his or their behalf. 9. CONFLICT OF INTEREST The CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any conflicting personal financial interest, direct or indirect, in this Agreement. The CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of the CONSULTANT or its employees, must be disclosed, in writing, to the CITY. The CONSULTANT, in performance of this Agreement, shall be subject to any more restrictive law and/or guidelines regarding conflict of interest promulgated 7 by federal, state or local governments. 10. INDEPENDENT CONTRACTOR It is agreed that the CONSULTANT and its employees and agents shall be deemed to be an independent contractor, and not an agent or employee of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the CITY, or any rights generally afforded classified or unclassified employees; further, he/she shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the CITY. 11. LIMITATION OF LIABILITY The CITY desires to enter into this Agreement only if in so doing the CITY can place a limit on CITY'S liability for any cause of action for money damages due to an alleged breach by the CITY of this Agreement, so that its liability for any such breach never exceeds the sum of $100,000. CONSULTANT hereby expresses its willingness to enter into this Agreement with CONSULTANT'S recovery from THE CITY for any damage action for breach of contract to be limited to a maximum amount of $100,000 which amount shall be reduced by the amount for the funding actually paid by the CITY to CONSULTANT pursuant to this Agreement, for any 8 action or claim far breach of contract arising out of the performance or nonperformance of any obligations imposed upon the CITY by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the CITY'S liability as set forth in ,Section 768.28 Florida Statutes. Any litigation which arises out of this Agreement shall take place in the Court of Appropriate Jurisdiction in Dade County, Florida. 9 IN WITNESSETH WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized this day and year first written above. ATT T: V~~ ~l ~~,~t/~ Robert Parcher, City Clerk [If incorporated sign below] MIAMI BEACH FLORIDA er, Mayor JORDEN~ BURT, BERENSON. 8~ JOHNSON. LLP. By: Man yn Th pson day of ~~ ~ 20Q~ "strict of Columbia : SS ,:::`scrbe,d,~~n Sworn tc ~~s ~b~'7"d' '1of_~ in my presence, APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Notary Pub~iy ~. ;,o ~ i sion expires ~ torn Oate Mary Anne Caporaletti Notary Public, District of Columbia My Commission Expires 1-31-2008 10 (Corporate Seal)