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Agreement with Corcoran and Associates, Inc./Southern Strategy Group V7 City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.90 v Tel: 305-673-7470, Fax: 305-673-7002 OFFICE OF THE CITY ATTORNEY,Raul J.Aguila,City Attorney Interoffice Memorandum To: Mayor Philip Levine and Members Date: October 17, 2014 of the City Commission CC: Jimmy L. Morales, City Manager 0 From: Raul J. Aguila, City Attorney�� r Subject: Agreement between City and Corcoran and Associates, Inc./Southern Strategy Group for Legislative Consulting Services (Agreement) At its regular meeting on September 10, 2014, the City Commission approved Resolution No. 2014-28747, authorizing the Administration to negotiate the above referenced Agreement, pursuant to Request for Qualifications No. 2014-128-ME for Legislative Consulting Services. At that time, however, a concern was raised by several members of the City Commission pertaining to a potential conflict that could arise during the term of the City Agreement, whereby one of the principal proposer team members, Southern Strategy Group, might represent clients in Florida with pro-gambling/gaming issues. The City Commission wanted the discretion to be able to terminate the Agreement, should any such issue arise. Assistant City Manager Joe Jimenez and I met with Michael Cantens from Corcoran (who will be the City's primary contact under the RFQ for that firm) and Southern Strategy principal, Fatima Perez (Southern's primary contact for the City) to discuss the City Commission's concerns. Corcoran/Southern has agreed to the inclusion of the following termination for convenience clause in the proposed Agreement, which would allow the City to terminate the contract for any reason, without cause: TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL PROMPTLY REIMBURSE CITY FOR THE Agenda Item A-7 Date to- FEE, IN PROPORTION TO THE REMAINING AMOUNT OF TIME LEFT IN THE TERM OF THIS AGREEMENT; FOLLOWING WHICH THE CONSULTANT SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. The aforestated clause effectively addresses the City Commission's concerns; to that end (and should the City Commission concur), Mr. Jimenez and I request authorization to proceed to finalize negotiations with Corcoran/Southern Strategies and, if successful, have the Mayor and City Clerk execute the final Agreement. RESOLUTION NO.. 2014-28747 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2014-128-ME (THE RFQ), FOR LEGISLATIVE CONSULTING SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP RANKED PROPOSER, CORCORAN AND ASSOCIATES, INC.; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE SECOND-RANKED PROPOSER, BALLARD PARTNERS, INC.; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE SECOND— RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE THIRD- RANKED PROPOSER, RUTLEDGE ECENIA, P.A.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, Request for Qualifications No. 2014-128-ME (the RFQ) was issued on February 26, 2014, with an opening date of May 16, 2014; and -WHEREAS, a voluntary pre-proposal meeting was held on March 17, 2014; and WHEREAS, the City received a total of three (3) proposals; and WHEREAS, on July 15, 2014, the City Manager via Letter to Commission (LTC) No. 250-2014, appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: • Dan Gelber, Attorney, Gelber, Schacter and Greenberg • Jose Gonzalez, Vice President, Florida East Coast Industries • Alex Miranda, Chief of Staff, Mayor's Office • -Joe Rasco, Director, Miami-Dade County Office of Intergovernmental Affairs • Scott Robbins, Resident and Chair of the Blue Ribbon Panel on Flooding The City Manager also appointed the following individuals as alternates: • Judy Hoanshelt, Grants Manager, Office of Budget Performance Improvements • Elizabeth Wheaton, Assistant Building Director, Environment & Sustainability Division WHEREAS, the Committee convened on August 19, 2014 to consider the proposals received; and WHEREAS, the Committee was provided an overview of the project; information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information on the scope of services, references, and a copy of each proposal; and engaged in a question and answer session after the presentation of each proposer; and WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ; and WHEREAS, the Committee's ranking was as follows: Corcoran and Associates Inc., as the top-ranked firms, Ballard Partners, Inc., second highest ranked; and Rutledge Ecenia, P.A., third highest ranked; and WHEREAS, after reviewing all the submissions and the Evaluation Committee's rankings, the City Manager exercised his due diligence and is recommending that the Administration be authorized to enter into negotiations with the top-ranked firm, Corcoran and Associates, Inc.; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Ballard Partners, Inc.; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Rutledge Ecenia, P.A.; and further authorize the City Manager to execute an agreement upon conclusion of successful negotiations by the Administration. 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 hereby accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for Qualifications No. 2014-2014-128-ME for Legislative Consulting Services; authorize the Administration to enter into negotiations with the top-ranked firm, Corcoran and Associates, Inc.; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorize negotiations with the second- ranked proposer, Ballard Partners, Inc.; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorize negotiations with the 9 9 9 P P 9 third-ranked proposer, Rutledge Ecenia, P.A.; and further authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this 10 day of Sf fM 2014. ATTEST: R fael E. Gr ,�, i Philip Levine`;M `� r TAAGENDA 1 A 6plte Q-2 1'4-128-ME Legislative C suiting Services-Resolution.doc Ob �1 r J � APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION City Attorney Date COMMISSION ITEM SUMMAKY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For Qualification RFQ No. 2014-128-ME, For Legislative Consulting Services. Key Intended Outcome Supported: Supporting Data(Surveys, Environmental Scan, etc: N/A Item Summary/Recommendation: On February 12, 2014, the City Commission approved the issuance of the RFQ, which was issued on February 26, 2014, with an opening date of May 16, 2014. A pre-proposal conference was held on March 17, 2014.The City received three(3) proposals. . On July 15,2014,the City Manager appointed an Evaluation Committee(the"Committee"),which convened on August 19, 2014 to consider proposals received.The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ.The results of the evaluation committee process were presented to the City Manager for his recommendation to the City Commission. After reviewing the submissions and the Evaluation Committee's rankings of proposals received, the City Manager recommends that the Mayor and the City Commission, pursuant to Request for Qualifications (RFQ) No. 2014-128-ME, for Legislative Consulting Services, authorize the Administration to enter into negotiations with the top-ranked firm,Corcoran&Associates, Inc.,dba/Corcoran&Johnston and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Ballard Partners, Inc., and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Rutledge Ecenia P.A.; and further authorize the City Manager to execute an agreement upon conclusion of successful negotiations by the Administration RECOMMENDATION After reviewing the submissions and the Evaluation Committee's rankings of proposals received, the City Manager recommends that the Mayor and the City Commission, pursuant to Request for Qualifications (RFQ) No. 2014-128-ME for Legislative Consulting Services, authorize the Administration to enter into negotiations with the top-ranked firm,Corcoran&Associates, Inc.,dba/Corcoran&Johnston,and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Ballard Partners, Inc., and should the administration not be successful in negotiating an agreement with the second-ranked proposer,authorizing negotiations with the third-ranked proposer, Rutledge Ecenia P.A.; and further authorize the City Manager to execute an Agreement upon conclusion of successful negotiations by the Administration. ADOPT THE RESOLUTION. Advisory Board Recommendation: Financial Information: Source of Amount Account unds: 1 $107,255 011-9322-000312 OBPI Total $107,255 Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Sign-Offs: apartment Director Assi t City er City a ger AD MT JLM. T:\AGENbA\2014July23\RFQ 2014-128-M egis tive Consulting Services -Summary.doc. _j l� AGENDA ITEM R NEW MIAMIBEAt DATE o- ® MIAMI BEACH City®f Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfi.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members rthe y o mmission FROM: Jimmy L. Morales, City Manager r DATE: September 10, 2014 SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2014-128-ME (THE RFQ), FOR LEGISLATIVE CONSULTING SERVICES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Account No. 011-9322-000312 - $107,255 BACKGROUND Legislative services are essential in order for the City to advance its agenda with the State Legislature. Accordingly, on October 1, 2008 the City entered into an Agreement (the "Agreement") with Rutledge Ecenia & Purnell, P.A., Gomez Barker Associates, Inc., and Robert M. Levy & Associates, Inc., (the "Lobbyists") pursuant to Resolution No. 2008-26875 through September 30, 2013. On December 11, 2013, the City Commission authorized the extension of the Agreement through July 31, 2014, to allow for the City to competitively solicit proposals, through an RFQ, from qualified firms interested in providing the requirement legislative services to the City. RFP PROCESS On February 12, 2014, the City Commission approved the issuance of the RFQ, which was issued on February 26, 2014, with an opening date of May 16, 2014. A pre-proposal conference was held on March 17, 2014. The City received three (3) proposals from the following firms: • Ballard Partners, Inc. • Corcoran &Associates, Inc., dba/Corcoran & Johnson • Rutledge Ecenia P.A. On July 15, 2014, the City Manager appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: • Dan Gelber, Attorney, Gelber, Schacter and Greenberg • Jose Gonzalez, Vice President, Florida East Coast Industries • Alex Miranda, Chief of Staff, Mayor's Office • Joe Rasco, Director, Miami-Dade County Office of Intergovernmental Affairs • Scott Robbins, Resident and Chair of the Blue Ribbon Panel on Flooding Commission Memorandum -,RFQ 2014-128-ME for Legislative Consulting Services September 10, 2014 Page 2 • Scott Robbins, Resident and Chair of the Blue Ribbon Panel on Flooding The City Manager also appointed the following individuals as alternates: • Judy Hoanshelt, Grants Manager, Office of Budget Performance Improvements • Elizabeth Wheaton, Assistant Building Director, Environment & Sustainability Division Dan Gelber, was not available when contacted, Jose Gonzalez and Joe Rasco both identified a conflict of interest. The Committee convened on August 19, 2014, to consider the proposal received. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided general information on the scope of services, references, and a copy of each proposal. The Committee was instructed to score and rank the proposal pursuant to the evaluation criteria established in the RFP. The evaluation process resulted in the following: RFQ 2014-128-ME Legislative Consulting LOW Services Judy Alex Scott Elizabeth AGGREGATE Hoanshelt Ranking Miranda Ranking Robins Ranking Wheaton Ranking TOTALS RANKING Ballard Partners,Inc. 75 3 80 2 78 2 80 2 9 2 Corcoran& Associates dba/Corcoran& Johnston 79 2 1001 1 90 1 85 1 5 1 Rutledge Ecenia P.A. 80 1 75 3 1 60 3 1 75 1 3 10 3 I MANAGER'S DUE DILIGENCE & RECOMMENDATION After reviewing the submissions and the Evaluation Committee's rankings of proposals received, the City Manager recommends that the Mayor and the City Commission, pursuant to Request for Qualifications (RFQ) No. 2014-128-ME for Legislative Consulting Services, authorize the Administration to enter into negotiations with the top-ranked firm, Corcoran & Associates, Inc. dba/Corcoran & Johnston, and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Ballard Partners, Inc., and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Rutledge Ecenia P.A.; and further authorize the City Manager to execute an Agreement upon conclusion of successful negotiations by the Administration. CONCLUSION The Administration recommends that the Mayor and the City Commission, pursuant to Request for Qualifications (RFQ) No. 2014-128-ME for Legislative Consulting Services, authorize the Administration to enter into negotiations with the top-ranked firm, Corcoran & Commission Memorandum—RFQ 2014-128-ME for Legislative Consulting Services September 10, 2014 Page 3 Associates, Inc. dba/Corcoran & Johnston, and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Ballard Partners, Inc., and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Rutledge Ecenia P.A.; and further authorize the City Manager to execute an Agreement upon conclusion of successful negotiations by the Administration. JLM /JJ /MT/AD T:\AGENDA\2014 1July\Procurement\RFQ 2014-128-ME Legislative Consulting Services-Memo.doc i