2010-27363 ResoRESOLUTION NO. 2010-27363
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7THS VOTE, THE
COMPETITIVE BIDDING REQUIREMENT, AND APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT FOR GOVERNMENTAL SERVICES BETWEEN THE
CITY AND MWW GROUP, IN THE AMOUNT OF $102,800, TO
PROVIDE LOBBYING AND CONSULTING SERVICES IN
WASHINGTON D.C., COMMENCING ON OCTOBER 1, 2010 AND
ENDING ON SEPTEMBER 30, 2013, WITH TWO (2), TWO YEAR
RENEWAL OPTIONS TO BE EXERCISED AT THE CITY'S SOLE
DISCRETION.
WHEREAS, the City is desirous of obtaining lobbying and consulting services before
Congress and Federal Agencies located in Washington, D.C.; and
WHEREAS, on December 20, 2000, the Mayor and City Commission awarded a
Governmental Services Agreement to Jorden, Burt, Berenson, and Johnson, LLP, (collectively,
the Consultant) for the term commencing on February 20, 2001, and ending on February 19,
2003, with a provision therein stating that the term of the Agreement may be renewed for two,
one-year terms; and
WHEREAS, on February 26, 2003, the Mayor and City Commission approved an
extension of the Agreement for the term commencing on February 20, 2003, and ending on
February 19, 2004; and
WHEREAS, on February 25, 2004, the Mayor and City Commission approved an
extension of the Agreement for the term commencing on February 20, 2004, and ending on
February 19, 2005; and
WHEREAS, on November 23, 2004 the Finance and Citywide Projects Committee
recommended entering into a new Agreement with the Consultant; and
WHEREAS, on January 12, 2005, the Mayor and City Commission approved Resolution
No. 2005-25794, approving a new agreement with the Consultant; and
WHEREAS, On February 13, 2008, the Mayor and City Commission approved
Resolution No. 2008-26757, approving the assignment of the current agreement to the MWW
Group; and
WHEREAS, the Consultant has performed satisfactorily and has effectively produced
results for the City by achieving desired appropriations, and has assisted with the processing of
significant grants; and
WHEREAS, On March 25, 2010, the Finance and Citywide Projects Committee
recommended retaining the Consultant and that a new contract be brought to the full
Commission;
WHEREAS, the Administration now recommends that the Mayor and City Commission
waive, by 5/7ths vote, the competitive bidding requirement, finding such waiver to be in the best
interest of the City, and authorize the Mayor and City Clerk to execute the attached new
Governmental Services Agreement between the City and the Consultant for a term of three
years and seven months, with two, one-year renewal options at the City's discretion; and
WHEREAS, the Administration further recommends that said Agreement commence at
the rate of $102,800 per year on October 1, 2010; and that the rate increase at the rate of the
Consumer Price Index (CPI) in subsequent years of the Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein waive, by 5/7ths vote, the competitive bidding requirement, and approve
and authorize the Mayor and City Clerk to execute a Professional Services Agreement for
Federal Governmental Services with the MWW Group, in the total amount of $102,800, to
provide governmental representation and consulting services in Washington, D.C., on an on-
going basis, for an initial term commencing on October 1, 2010, and ending on September 30,
2013, with two (2), two-year renewal options to be exercised at the City's sole discretion.
PASSED and ADOPTED this 14`h day of AP~~ l , 2010.
Mayor
ATTEST:
~~~ ~~ ~
City Clerk
T:\AGENDA\2010Wpril 14\Consent\Federal Lobbyist Reso.doc
APPROVED AS TO
FORM & LANGUAGE
tk FOIE-EXECUTION
( /" 'i
- C' y - ttorney. (, Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving a new Federal Legislative Services Agreement with the MWW Group
~ Intended
pports Multi
pporting Data (Surveys, Environmental Scan, etc.): The quality of the beaches appears as one
ie most important areas affecting quality of life. More recreational opportunities is ranked as one of
changes that will make Miami Beach a better place to live. Storm drainage catch basins cleaning
roide; improving infrastructure was listed number 5 in important safety areas for the City to
Issue:
Shall the City approve the waiver of competitive bidding and enter into a new contract with the MWW Group
for Federal Le islative Services?
Item
On January 12, 2005, the Mayor and City Commission approved Resolution No. 2005-25794, approving a
new agreement with the Consultant, which expires on September 30, 2010. Historically, the Mayor and City
Commission have in some cases chosen to approve a waiver of competitive bidding and a new agreement
with the city's existing firm, and on other occasions the Mayor and City Commission have issued a RFQ for
state and/or federal legislative services. On those occasions in which an RFQ was issued, the Mayor and
City Commission ultimately awarded the contract to the existing firm, for both state and federal legislative
services.
On March 25, 2010, the Finance and Citywide Projects Committee discussed the City's Federal Legislative
Services agreement. The Committee discussed the performance of the current vendor and the unique
nature of this type of service. The Committee recommended retaining the MWW Group and that a new
contract be brought to the full Commission. The proposed terms for the new agreement are:
•Three (3) year base term;
•Two (2), two-year renewal options
•$102,800 per year beginning for the the first full year of the agreement, with a CPI escalator for year two
and year three; For the option years, the first of the two years shall be at the same rate as the previous
year, with a CPI escalator for the second year of each option period.
In light of the past successful performance of the MWW Group, it is recommended that the Mayor and
Commission approve the proposed agreement with MWW Group to provide Federal Legislative Services to
the City, pursuant to the above terms.
Board
Projects Committee,
Financial Infnrmatien~
Source of Amount Account
Funds: 1 $102,800 Funds will be considered for appropriation in the
2 FY 2010/2011 General Fund Budget
3 Account # 011.9362.000312
O P Total $102,800
Financial Impact Summary:
Clerk's Office
Manager's
apartment Director Assista City Manager City Manager
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W . HF JMG
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DATE y-~y /y
m MIAMIBEACH
GiYy of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, v,~ww.miamibeachfl.gov
MEMO #
COMMISSION MEMORANDUM
TO: Ma r tti Herrera Bower and Members of the City Commission
FROM: Jo a M. Gonzalez, City M ager
DATE: April 14, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7THS VOTE, THE
COMPETITIVE BIDDING REQUIREMENT, AND APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT FOR GOVERNMENTAL SERVICES BETWEEN THE CITY
AND MWW GROUP, IN THE AMOUNT OF $102,800, TO PROVIDE
LOBBYING AND CONSULTING SERVICES IN WASHINGTON D.C.,
COMMENCING ON OCTOBER 1, 2010 AND ENDING ON SEPTEMBER 30,
2013, WITH TWO (2), TWO YEAR RENEWAL OPTIONS TO BE EXERCISED
AT THE CITY'S SOLE DISCRETION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On October 9, 1996, the Mayor and City Commission awarded a Legislative Services
Agreement to Jorden, Burt, Berenson, and Johnson LLP for a term commencing on
February 18, 1997 through February 19, 1999, in the amount of $80,000, with a
provision therein stating that the term could be extended by mutual agreement of the
parties. The agreement was subsequently extended through February 18, 2001.
On February 9, 2000, the Mayor and City Commission approved Resolution No. 2000-
23793, authorizing the issuance of a Request for Proposals (RFP) for Federal
Legislation Services. The City received two responses to the RFP, Jorden Burt and
Alcalde & Fay. An evaluation committee interviewed the two respondents, and
recommended that the City negotiate an agreement with Alcalde & Fay as the top-
ranked firm. On November 29, 2000, the Mayor and City Commission heard and
considered testimony from the two firms, and directed the Administration to negotiate a
new agreement with Jorden Burt.
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 (now, the MWW Group), 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.
Commission Memorandum
April 14, 2010
Federal Legislative Services Agreement
Page 2
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. The Committee further felt that these services were like legal
services where 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, for presentation to the City Commission on January 12, 2005.
On January 12, 2005, the Mayor and City Commission approved Resolution No. 2005-
25794, approving a new agreement with the Consultant. The current agreement (Exhibit
A) expires on September 30, 2010, and includes the following terms:
• Three (3) year base term;
• Two (2), one-year options to renew.
• $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.
o Note: the contract amount for the current fiscal year is $102,800.
On October 31, 2007, Jorden Burt notified the City that a decision 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
on February 1, 2008, the Government Relations Practice joined the MWW Group. On
February 13, 2008, the Mayor and City Commission approved Resolution No. 2008-
26757, approving the assignment of the current agreement to the MWW Group.
Historically, the Mayor and City Commission have in some cases chosen to approve a
waiver of competitive bidding and a new agreement with the city's existing firm, and on
other occasions the Mayor and City Commission have issued a RFQ for state and/or
federal legislative services. On those occasions in which an RFQ was issued, the Mayor
and City Commission ultimately awarded the contract to the existing firm, for both state
and federal legislative services.
On March 25, 2010, the Finance and Citywide Projects Committee discussed the City's
Federal Legislative Services agreement. The Committee discussed the performance of
the current vendor and the unique nature of this type of service. The Committee
recommended retaining the MWW Group and that a new contract be brought to the full
Commission.
Key Terms of Proposed New Agreement
• Three (3) year base term;
• Two (2), two-year renewal options
• $102,800 per year beginning for the the first full year of the agreement, with a
CPI escalator for year two and year three; For the option years, the first of the
two years shall be at the same rate as the previous year, with a CPI escalator for
the second year of each option period.
Commission Memorandum
April 14, 2010
Federal Legislative Services Agreement
Page 3
Conclusion
The Consultant's performance has been excellent, and the Administration is supportive
of a new contract with the MWW Group, if that is the direction of the Committee. A
summary of the Consultant's representation of Miami Beach is attached as Exhibit B.
The Administration recommends that the Mayor and City Commission adopt the
Resolution approving a new Legislative Services Agreement with the MWW Group.
JMG/HF/kc
Attachments
Exhibit A -Legislative Services Agreement
Exhibit B -Memo re: MWW Group Representation of the City of Miami Beach
T:WGENDA\2010\April 14\Consent\Federal Lobbyist Memo.docx
EXHIBIT B
®° MVVWGROUP
March 12, 2010
MEMORANDUM
TO: THE HONORABLE MATTI BOWER, MAYOR
MEMBERS OF THE MIAMI BEACH CITY COMMISSION
FROM: MARILYN BERRY THOMPSON, EXECUTIVE VICE PRESIDENT AND GENERAL MANAGER
F. MARION TURNER, SENIOR VICE PRESIDENT
SUBJECT: MWW GROUP REPRESENTATION OF THE CITY OF MIAMI BEACH
FEDERAL INITIATIVES AND ACCOMPLISHMENTS FY1998-FY2010
We are pleased and proud to share with you a report highlighting the City's federal relations accomplishments during the
FY1998-FY2010 contract period. We are very proud to have played a partnership role with the Miami Beach City
Commission, professional City staff and your congressional delegation in successfully advocating for the needs of the City
of Miami Beach. The attached report provides you with a brief outline of these accomplishments, organized by both direct
federal appropriations (funding) achieved for the City and other legislative or regulatory accomplishments.
While our services include a broad array of activities, ranging from federal agency and grant support services to legislative
advocacy, this document focuses primarily on one component of those services, i.e., securing Miami-Beach-Area specific
appropriations and policy changes. The report highlights over $70 million in successful initiatives secured by the City
during this 13 year time-period.
We take pride in having assisted the City in establishing and developing awell-organized, focused and prioritized annual
federal relations agenda, planning and implementation process. This process has been heralded by many within the
Florida Congressional Delegation for its focus, organization and thoroughness. It has been a tool which has enabled Miami
Beach to advance its issues and priorities in a focused manner, thereby allowing your Congressional Delegation to easily
focus upon your top priorities. This is increasingly helpful to them, as more and more there are competing interests for
Members of Congress' time and attention.
We believe that we have established a solid, documentable track record for the City through a broad range of targeted
Miami-Beach-related federal spending bill and authorization legislation, as well as through our federal agency, grant and
information service.
We have thoroughly enjoyed our tenure as the City's Federal Representative and sincerely hope to continue doing so well
into the future.
700 13ph Street NW. 10'^ Floor I Washington, DC 20005 I T. 202.585.2270 I F. 202.585.2273 I www.mww.com
~:~MVVWGROUP
FEDERAL APPROPRIATIONS SUMMARY
American Recovery & Reinvestment Act (Stimulus) $5,570,173
Henedon Bridge Repairs Highways & Bridges $375,000
Sunset 1 Bridge Highways & bridges $386,000
Sunset 2 Bridge Highways & Bridges $300,000
Indian Creek Drive Highways & Bridges $365,000
Dickens Avenue Highways & Bridges $702,921
Homeless Prevention HUD $715,418
Community Development Block Grant HUD $467,896
Transit Projects Federal Transit Administration $945,461
Energy Efficiency & Cons. Block Grant Energy $839,000
Byrne Justice Assistance Grant Justice $473,477
FY2010 $500,000
Miami Beach After School Program Omnibus (Justice) $500,000
FY2009 $4,319,551
Emergency Operations Center DHS $1,000,000
CDBG Neigh. Stabilization Program HERA $2,549,551
Atlantic Greenway Corridor Omnibus (TTHUD) $570,000
Miami Beach After School Program Omnibus (Justice) $200,000
FY2008 $2,263,250
West Avenue Bridge TEA-LU Technical Corrections $620,000
Atlantic Corridor Greenway TTHUD $500,000
City Center Housing Initiative TTHUD $525,000
Miami Beach After School Program Justice $618,250
FY20070mnibus ~No Earmarks) $0
FY2006 $4,975,000
Miami Beach Erosion Control Project Energy & Water $1,725,000
Miami Beach After School Program Justice $50,000
Atlantic Corridor Greenway SAFETEA-LU $2,400,000
West Avenue Bridge SAFTEA-LU $800,000
FY2005 $2,150,000
Stormwater Infrastructure VA/HUD $750,000
Intermodal Facility Transportation $1,400,000
700 13~^ Screen NW. 10'^ Floor I Washington, DC 20005 I T. 202.585.2270 I F. 202.565.2273 I www.mww,com
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FY2004 $1,900,000
Beach Renourishment (Dade) Energy & Water $1,000,000
FTAA Security Reimbursement Supplemental $900,000
FY2003 $6,652,000
Colony Theater Interior $837,000
Intermodal Facility (Mt. Sinai) Transportation $2,030,000
Intermodal Facility Transportation $1,485,000
Miami Beach Erosion Control Project Energy & Water $2,300,000
FY2002 $14,970,987
Intermodal Facility Transportation $2,970,987
Beach Renourishment (Dade) Energy & Water $12,000,000
FY2001 $615,000
North Beach Recreational Corridor VA/HUD $215,000
Electrowave Transportation $400,000
FY2000 $6,129,000
North Beach Recreational Corridor VA/HUD $129,000
North Shore Open Space Park VA/HUD $250,000
Beach Renourishment (Dade) Energy & Water $5,000,000
Electrowave Transportation $750,000
FY1999 $10,300,000
Electrowave TEA 21 $1,500,000
Bridge/Seawall Repair TEA 21 $1,350,000
Electrowave Transportation $1,750,000
Beach Renourishment (Dade) Energy & Water $5,700,000
FY1998 $9,700,000
Beach Renourishment (Dade) Energy & Water $9,400,000
Hurricane Andrew Reimbursement FEMA $300,000
TOTAL FISCAL YEARS 1998-2010 $70,044,961
less Beach Renourishment ~ Direct to CMB $34,500,000
700 13t^ Street NW, IO~h Floor I Washington, DC 20005 I T. 202.585.2270 I F. 202.585.2273 I www.mww.com
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LEGISLATIVE AND REGULATORY SUCCESSES
FOREIGN SAND SOURCE FOR BEACH RENOURISHMENT
MWW Group worked for almost ten years to assist the City in gaining permission for the Army Corps of Engineers to seek
sand from foreign sources for Beach Renourishment activities. This advocacy culminated with the completion by the U.S.
Army Corps of Engineers (ACOE) of the Dade County, Florida Beach Erosion Control and Hurricane Protection ProjectCetter
Report. This study, which took the Corps from 2001-2007 to complete, definitively determined that no economic or
environmental domestic source of sand remains available for renourishment of the Dade County Project beaches. As a
result, the ACOE has begun the process of locating and testing compatible sand from foreign sources for future
renourishment activities on Miami Beach.
ALTERNATIVE SAND TEST BEACH PROJECT
Early on in our contract, MWW Group was successful in inserting statutory language in the Water Resources Development
Act of 1999, which designated the City of Miami Beach as an eligible site for an innovative erosion control demonstration
project. This project later became the Alternative Sand Test Beach Project, where the Army Corps implemented a number
of strategies designed to retard the growth of erosion "hotspots" along Miami Beach. Strategies included breakwater
structures, reef balls, and current work to backpass sand from the Lummus Park section back to the more northern
sections of Miami Beach.
EDI GRANT EXTENSION
For two consecutive years, MWW Group was successful in securing special legislation protecting the cites $1 million
Economic Development Initiative (EDI) grant for the Miami Beach Northern Economic Development Initiative. This special
legislation secured by the Florida Congressional Members preserved funding secured for Miami Beach, thereby enabling
the City to retain both a $1 million grant and a $4 million HUD Section 108 loan guarantee project to support his area.
TRADEMARK PROTECTION
MWW Group was successful in inserting provisions into tax legislation that protected historic City properties from
trademark infringement lawsuits. This legislative remedy came as a result of a lawsuit related to the Tiffany Hotel.
SECTION 8 HOUSING ALLOCATIONS
MWW Group assisted the Miami Beach Housing Authority in mounting a successful appeal to the Cites Section 8 Housing
allocation, resulting in an increase of approximately $900,000.
FEMA ELIGIBILITY
700 13~^ S[reec NW, 10'^ Floor I Wash ingw n, DC 20005 I T. 202.585.2270 I F. 202.SB5.2273 I ww w.mww.com
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MWW Group was successful in defeating an attempt by the Senate to prohibit FEMA from funding repair and replacement
of trees and other natural features on publicly owned land and beaches.
OTHER FEDERAL FUNDING ACHIEVEMENTS
- Participated in coalition to create the Energy Efficiency and Conservation Block Grant; funded at $2.4 billion in
ARRA Stimulus legislation
- Worked with other local government advocacy groups to preserve the Community Development Block Grant
(CDBGJ during Bush Administration efforts to zero out the program
- Participated in multi-year advocacy campaign to preserve the Local Law Enforcement Block Grant
700 13~~~ Svee[ NW, 10'^ Floor I Washing [o n, OC 20005 I T. 202,585.2270 I F. 202.585.2273 I www,mww.com