2008-26875 ResoRESOLUTION NO. 2008-26875
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 27-07/08 FOR THE
PROVISION OF GOVERNMENTAL CONSULTING SERVICES IN TALLAHASSEE,
FLORIDA; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH RUTLEDGE, ECENIA & PURNELL. P.A., GOMEZ BARKER ASSOCIATES, INC.,
AND ROBERT M. LEVY ASSOCIATES, INC.; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION
OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, at its May 14, 2008 meeting, the Mayor and City Commission authorized the
Administration to issue an RFQ for the provision of governmental consulting services in Tallahassee,
Florida; and
WHEREAS, as the cost to the City for the consulting fees became part of the evaluation
criteria at the meeting, the Administration deemed that a Request for Proposals (RFP) was more
appropriate than the issuance of an RFQ (which does not utilize cost or pricing as a criteria); and
WHEREAS, on May 23, 2008, RFP No. 27-07/08 was issued, and the Procurement
Division e-mailed the RFP to over fifty (50) firms or individuals, uploaded to RFPDepot.com, which
sent notifications to over 1200 firms or individuals registered for applicable commodity codes
pursuant to the scope of the RFP; 360 postcards were directly mailed by the Administration informing
registered lobbyists in the State of Florida how to access the RFP; and
WHEREAS, on the specified RFP due date of June 24, 2008, the Procurement Division
received responses from The Advocacy Group at Tew Cardenas LLC; Berger Singerman, P.A.,
Moorelations, Inc. and Mark Anderson; Inger M. Garcia, Esq., Beverly Kennedy & Associates, Inc.
and Diversified Planning, Inc.; and Rutledge, Ecenia 8~ Purnell, P.A., Gomez Barker and Associates,
Inc. and Robert M. Levy Associates, Inc.; and
WHEREAS, the Administration deemed the proposal submitted by Inger M. Garcia, Esq,
et.al. as non-responsive, as it violated applicable law and did not provide an all-inclusive annual
cost proposal to the City for the initial two year term, as was required by the RFP; and
WHEREAS, pursuant to the Administration's ongoing due diligence during the proposal
review process, both The Advocacy Group at Tew Cardenas LLC and Berger Singerman, P.A, et. al,
were advised, in writing, that the successful proposer would be prohibited from lobbying the City on
behalf of third parties (as prohibited in Section 2-485.2 of the Code) for the term of the contract; and
WHERAS, both firms were advised and required to acknowledge that they would have to
refrain from lobbying activities before the City, if awarded the contract; and
WHEREAS, The Advocacy Group at Tew Cardenas voluntarily withdrew its proposal from
consideration; and
WHEREAS, as the City did not receive an acknowledgementfrom BergerSingerman by the
date required in the City's letter, its proposal was also subsequently disqualified; and
WHEREAS, on August 15, 2008, the City Manager via Letter to Commission No. 208-2008,
appointed an Evaluation Committee (the "Committee"), consisting of the following individuals:
Judy Hoanshelt, Grants Manager- CMB;
Miguel Del Campillo -Miami Beach Housing Authority;
Wendy Kallergis -Miami Beach Chamber of Commerce;
Joe Gato -Resident and Graduate of the Miami Beach Leadership Academy;
Peter Savineau -Resident and Graduate of the Miami Beach Leadership Academy ;
Amy Atkins -Resident and Graduate of the Miami Beach Leadership Academy;
Carlos Aguiles -Resident and Graduate of the Miami Beach Leadership Academy; and
WHEREAS, the Committee convened on August 27, 2008, and was provided with an
overview of the RFP, information relative to the City's Cone of Silence Ordinance and the
Government in the Sunshine Law; and
WHEREAS, the Committee listened to a presentation and participated in a question and
answer session with principals from Rutledge, Ecenia & Purnell, P.A., Gomez Barker and
Associates, Inc. and Robert M. Levy Associates, Inc.; and
WHEREAS, the Committee unanimously recommended entering into a new agreementwith
Rutledge, Ecenia & Purnell, P.A., Gomez Barker and Associates, Inc. and Robert M. Levy
Associates, Inc.; and
WHEREAS, the City Manager concurs with the Committee's recommendation.
NOW, THEREFORE, BE IT DULY RESOLVED BYTHE MAYORAND CITYCOMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the
recommendation of the City Manager pursuant to Request for Proposals (RFP) No. 27-07/08 for
Governmental Consulting Services in Tallahassee, Florida; and authorize the Administration to enter
into negotiations with Rutledge, Ecenia & Purnell, P.A., Gomez Barker and Associates, Inc. and
Robert M. Levy Associates, Inc.; and further authorize the Mayor and City Clerk to execute an
agreement upon conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED this 10th day of September , 2008.
ATTEST:
CITY CLERK
Robert Parcher
T:\AGENDA12008\Sept101Consent\ LobbyistReso.doc
MAY R
Matti Herrera ~gy1WG.~0AST0
FAOrRrM1~V& LANGUAGE
& FOR,~ECUTION
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting The City Manager's Recommendation Pursuant To RFP No. 27-07/08 For
Governmental Consulting Services In Tallahassee, Authorizing The Administration To Enter Into
Negotiations, And Authorizing The Mayor And City Clerk To Execute An Agreement.
Key Intended Outcome Supported:
Supports multiple KIOs
Supporting Data (Surveys, Environmental Scan, etc.): Included in the top five changes that would make
', Miami Beach a better place to live, work, play or visit are Safety, Traffic, and Development/Construction,
each of which can be significantly impacted by legislative and funding actions by the Legislature and
Executive Branch of Florida Government.
Issue:
Shall the Commission Adopt the Resolution?
Item summaryircecommenaation:
On November 25, 2003, the Mayor and City Commission approved a new professional services agreement
for State Legislative Services, for a period of three (3) years with two (2), one-year options to renew. The two
option years of the contract were executed by the Mayor and City Commission, and the agreement will expire
on September 30, 2008.
At the March 6, 2008 Finance and Citywide Projects Committee, the Committee recommended that the new
contract to be awarded pursuant to an RFQ be for a base period of two years, with two, two-year options for
renewal. At its May 14, 2008 meeting, the Mayor and City Commission authorized the Administration to
issue an RFP for the provision of governmental consulting services in Tallahassee.
RFP No. 27-07/08 was issued and sent to over 1300 firms; four proposals were received, one ofwhich were
deemed non-responsive, one was disqualified, and one withdrew their proposal. The remaining proposal was
from the current incumbents. An Evaluation Committee appointed by the Ciry Manager reviewed the
remaining proposal, listened to a presentation, and was given the option to either recommend rejection or
award. The Committee scored the one proposal, based on the published evaluation criteria, and stated they
overall were very impressed with the qualifications of the incumbent firms, and their long history with the City,
including the firms' ability to adapt to major changes. The Committee unanimously agreed to recommend
pursuing a new agreement with the incumbent firms.
Adopt the Resolution.
Adviso Board Recommendation:
N/A
Financial Information:
Source of Amount Account Approved
Funds: Acct No. 011-9362-000312 General
1 $111,500 Government-Professional Services
2
3
4
OBPI Total $111,500
Financial Im act Summa
Ci Clerk's Office Le islative Trackin
Gus Lopez, Procurement
Sign-Offs:
Department Director Assistant City Manager City Manager
KC HF JMG
T: WGENDA\2 ep10\Con \LobbyistSummary.doc / / / 1
~ MI A11/11 BEAD H AGEf~°~ ~ ~ ~ ~~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 10, 2008
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 27-07108 FOR THE
PROVISION OF GOVERNMENTAL CONSULTING SERVICES IN TALLAHASSEE,
FLORIDA; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH RUTLEDGE, ECENIA & PURNELL. P.A., GOMEZ BARKER ASSOCIATES, INC.,
AND ROBERT M. LEVY ASSOCIATES, INC.; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION
OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
$111,500 Account No.011-9362-000312 General Government-Professional Services
KEY INTENDED OUTCOMES SUPPORTED
Supports multiple KIOs
ANALYSIS
On September 8, 1994, the Mayor and City Commission awarded RFP No. 122-93/95 to
Rutledge, Ecenia, Underwood, Purnell & Hoffman, P.A.; Gomez BarkerAssociates, Inc.; and
Robert M. Levy & Associates, Inc. (jointly, "the Consultant"), for lobbying and consulting
services on the City's behalf at the State level, and to represent the City before State
agencies located in Tallahassee, Florida. On September 22, 1994, the Mayor and City
Commission approved a contract with the Consultant for the period of October 1, 1994 to
September 30, 1996. As specified in the contract, the period was extended with mutual
agreement of the parties from October 1, 1996 to September 30, 1998.
On September 23, 1998, the Mayor and City Commission approved an extension to the
contract between the City and the Consultant. The term of the contract was from October 1,
1998 through September 30, 1999, with an option to renew. On September 22, 1999, the
Commission extended the contract for the term of October 1, 1999 through September 30,
2001, in the amount of $85,000 per year. On J my 18, 2001, the Mayor and City Commission
extended the contract for one additional year, from October 1, 2001 to September 30, 2002,
in the amount of $85,000.
Commission Memorandum
September 10, 2008
RFP No. 27-07/08 -Governmental Consulting Services in Tallahassee
Page 2 of 6
On January 9, 2002, the City Commission deferred issuance of the RFP until completion of
the Legislative Session and requested this item be presented on the April 10, 2002 agenda.
On April 10, 2002, the City Commission passed Resolution 2002-24824, extending the
contract for one additional year from October 1, 2002 to September 30, 2003, and
authorizing the Administration to issue a Request for Letters of Interest (RFLI) to identify
firms that are interested in representing the City in Tallahassee.
On July 30, 2003, the Mayor and City Commission referred a discussion on extending the
professional services agreement for State Legislative Services to the Finance and Citywide
Projects Committee. On September 5, 2003, the Finance Committee met to discuss the
issue. The Committee expressed satisfaction with the Consultants' performance
representing the City, especially their work during the 2003 legislative session in protecting
the City's interests in the Bert J. Harris matter. 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, and recommended that the Administration negotiate a new agreement with the
consultants, for presentation to the City Commission.
On November 25, 2003, the Mayor and City Commission approved a new professional
services agreement for State Legislative Services, for a period of three (3) years with two (2),
one-year options to renew, in the amount of $95,000 for the first year, with a CPI escalator
each subsequent year, including the option years. The two option years of the contract were
executed by the Mayor and City Commission, and the agreement will expire on September
30, 2008.
At the March 6, 2008 Finance and Citywide Projects Committee meeting, the Committee
discussed the City's state legislative options, including whether a Request for Qualifications
(RFQ) should be issued, or a new agreement be negotiated with the Consultant. The
Committee recommended that a new RFQ be issued for Governmental Consulting Services
in Tallahassee. Much of the discussion dealt with turnover in the Legislature, and that a new
contract for lobbying services better reflect the timing of turnover of both members in
general, as well as leadership. To this end, the Committee recommended that the new
contract to be awarded pursuant to a RFQ be for a base period of two years, with two, two-
yearoptions for renewal at the City's sole discretion.
The Mayor and City Commission at its May 14, 2008 meeting, authorized the Administration
to issue an RFQ for the provision of governmental consulting services in Tallahassee,
Florida. As the cost to the City for the consulting fees became part of the evaluation criteria
on the day of the Commission meeting, the Administration concurred that a Request for
Proposals (RFP) was deemed more appropriate than the issuance of an RFQ, which does
not utilize cost or pricing as a criteria.
The City of Miami Beach solicited proposals for governmental services of an experienced
and qualified law firm, governmental affairs consulting firm, business, individual, and/or a
combination thereof to provide the City with governmental representation before the
executive and legislative branches of the State of Florida.
The selected Proposer should possess at a minimum:
• a strong working knowledge of the legislative, administrative, and regulatory
processes of the State of Florida;
• a clear understanding of the City of Miami Beach and its needs;
Commission Memorandum
September 10, 2008
RFP No. 27-07/08 -Governmental Consulting Services in Tallahassee
Page 3 of 6
• a clear understanding of the many legislative issues facing municipalities;
• a history of successful lobbying experience at the state level; and
• a clear strategy for representing the City before the legislative and executive
branches of the State of Florida
The selected proposer shall provide governmental representation and consulting services
requested by the City, for various subjects/issues similar to, but not limited to, those included
in the City's current legislative agenda. The selected proposer will receive assignments
primarily based on the City's annual state legislative agenda. Specific services may include:
• Report to and meet (in person or by phone) with the City on a weekly basis, or on an
as needed basis, during the Florida Legislature's legislative session on the City's
legislative agenda and other items that may impact the City.
• Prepare monthly reports (weekly during the Legislative session), in a timely manner,
advising the City of the current status of all issues that they are monitoring or
tracking that may affect the City of Miami Beach, the actions taken on such issues,
and recommendations for future actions on such issues.
• Raise, discuss and recommend any affirmative legislative action that may benefit the
City, and identify any potential or actual legislative or agency action that may
negatively impact the City.
• Be available, if requested, on a twenty-four hour basis during the session, to assist in
writing, interpreting, drafting and monitoring legislation, amendments and
regulations.
• Provide a full range of lobbying legislative counsel and advocacy services, including
meeting with members of the Legislature, testifying at committee meetings on the
City's behalf, assigning a designated person to closely monitor and review all
substantive floor amendments and bills.
• Integrate its efforts with the City's Economic Development Department to ensure a
strong, consistent legislative program.
• Be prepared to obtain documentation and research materials upon request.
• Review the City's Federal Legislative Agenda to determine if there are opportunities
at the state level to fulfill any of the City's Federal Objectives. Be available to
coordinate issues with the City's Federal lobbyists on issues as needed.
• Coordinate meetings with executive branch agency officials of the State on an as-
needed basis.
• Meet individually with the Mayor and each Commissioner prior to each legislative
session to prepare the City's State Legislative Agenda, which will be presented to the
City Commission for their approval prior to the beginning of the Legislative Session.
• Following each legislative session, the proposer must appear before the City
Commission to report on the outcomes of the session and the results of the City's
legislative agenda.
• Provide limited workspace in Tallahassee to members of the City Administration or
City Commission on a limited, as needed basis. This workspace is not intended to be
a permanent or temporary office.
RFP PROCESS
RFP No. 27-07/08 was issued on May 23, 2008, and Procurement e-mailed the RFP to over
fifty (50) firms or individuals. Procurement also uploaded the RFP to RFPDepot.com, which
sent notifications to over 1200 firms or individuals registered for applicable commodity codes
pursuant to the scope of the RFP. This resulted in 34 firms viewing the RFP through
Commission Memorandum
September 10, 2008
RFP No. 27-07/08 - Govemmenta/ Consulting Services in Tallahassee
Page 4 of 6
RFPDepot.com. In addition, 360 postcards were direct mailed by the Administration
informing registered lobbyists in the State of Florida how to access the RFP. This outreach
resulted in the receipt of four (4) proposals from the following firms:
• The Advocacy Group at Tew Cardenas LLC
• Berger Singerman, P.A., Moorelations, Inc. and Mark Anderson
• Inger M. Garcia, Esq., Beverly Kennedy & Associates, Inc. and Diversified
Planning, Inc.
• Rutledge, Ecenia & Purnell, P.A., Gomez Barker and Associates, Inc. and Robert M.
Levy Associates, Inc.
The Administration deemed the proposal submitted by Inger M. Garcia, Esq, et.al. as non-
responsive as it violated applicable law. It also did not provide an all-inclusive annual cost
proposal to the City for the initial two year term, as was a requirement of the RFP.
Pursuant to the Administration's ongoing due diligence, both The Advocacy Group at Tew
Cardenas LLC, and Berger Singerman, P.A, et. al, were advised, in writing, that the
successful proposer would be prohibited from lobbying the City on behalf of third parties (as
prohibited in Section 2-485.2 of the Code) for the term of the contract. Accordingly, both
firms were advised and required to acknowledge that they would have to refrain from
lobbying activities before the City, if awarded the contract. As a result, The Advocacy Group
at Tew Cardenas voluntarily withdrew its proposal from consideration, and Berger
Singerman's proposal was disqualified. (Letters are attached).
On August 15, 2008, the City Managervia Letterto Commission No. 208-2008, appointed an
Evaluation Committee (the "Committee"), consisting of the following individuals:
Judy Hoanshelt, Grants Manager- CMB
Miguel Del Campillo -Miami Beach Housing Authority
Wendy Kallergis -Miami Beach Chamber of Commerce
Joe Gato -Resident and Graduate of the Miami Beach Leadership Academy
Peter Savineau -Resident and Graduate of the Miami Beach Leadership Academy
Amy Atkins -Resident and Graduate of the Miami Beach Leadership Academy
Carlos Aguiles -Resident and Graduate of the Miami Beach Leadership Academy
The Committee convened on August 27, 2008 and was provided with an overview of the
project, information relative to the City's Cone of Silence Ordinance and the Government in
the Sunshine Law. The Committee listened to a presentation and participated in a question
and answer session with principals from Rutledge, Ecenia & Purnell, P.A., Gomez Barker
and Associates, Inc. and Robert M. Levy Associates, Inc.
The Committee was instructed to either reject the proposal or score the proposal pursuant to
the evaluation criteria established in the RFP, which was as follows (total possible 100
points):
• Proposer's experience, qualifications, capabilities, and past performance in providing
the type of services described in the RFP: 15 points
• Proposer's experience and understanding of specific issues facing local govemment
in Tallahassee: 20 points
Commission Memorandum
September 10, 2008
RFP No. 27-07/08 - Governmental Consulting Services in Tallahassee
Page 5 of 6
• The experience and qualifications of all individuals, including subcontractors, that will
be assigned to the project: 15 points
• Proposer's approach and work plan to provide the type of services described in the
RFP: 15 points
• Proposer's understanding of critical City issues and ability to establish, maintain, and
enhance working relationships between the City's elected officials and staff, and the
executive and legislative branches of the state government and relevant state
agencies: 20 points
• Price proposal: Annual amount, inclusive of expenses: 15 points
The Committee discussed the proposal and the corresponding presentation, and proceeded
to score it as follows:
Committee Member Rutledge, Ecenia St Purnell, P.A.,
Gomez Barker and Associates, Inc.
and Robert M. Levy Associates, Inc.
Jud Hoanshelt 100
Mi uel Del Cam illo 99
Wend Kaller is 100
Joe Gato 100
Peter Savineau 88
Carlos A uiles 100
The Committee overall was very impressed with the qualifications of the incumbentfirms and
their long history with the City. Their ability to adapt to major changes in the landscape of
the City, the City leadership, and the challenges in the legislature over the past 14 years,
while continuing to provide results was discussed and commended. The Committee noted
the firms' proactive approach to addressing the upcoming challenges in the next few years
and their capacity to re-invent themselves to take a fresh approach to the issues facing the
City.
PROPOSED TERM AND CONDITION
The City's current agreement for state legislative services has a base term of three years,
with two additional years at the City's sole option. There are a number of options that the
Mayor and City Commission may consider regarding the term of the agreement; however,
the term of the proposal is for a base term of two years, with two options to renew, each for a
period of two years. This term is consistent with the discussion that occurred at the Finance
and Citywide Projects Committee; that due to the biennial turnover in the Legislature, a new
contract for lobbying services should better reflect this timing, not only of the members in
general, but especially of the leadership.
The Proposer submitted a cost proposal that is consistent with their current agreement with
the City. The current agreement provides for an increase in the total fee for services based
on the percentage increase in the Consumer Price Index (CPI). The proposed price for the
first year of the new agreement is based on the current year contract amount of $107,255
plus the year over year change in the CPI for September, which will be published in October.
The Administration estimates that the final amount, adjusted for CPI, will be approximately
$111,500.
Commission Memorandum
September 10, 2008
RFP No. 27-07/08 - Governmental Consulting Services in Tallahassee
Page 6 of 6
The performance requirements of the Proposer, as well as the responsibilities of the
Proposer and of the City, will be consistent with the services outlined in the RFP, and
consistent with those included in the current agreement.
Summary of Term and Cost Current
Base Term 3 years
Number of Options 2
Term of Options 1 year
Base Price $95,000
Price Increases CPI each year
Proposed
2 years
2
2 years
Current Price ($107,255) + CPI
CPI each year
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the attached
resolution authorizing the Administration to enter into contract negotiations pursuant to the
RFP with Rutledge, Ecenia & Purnell, P.A., Gomez Barker and Associates, Inc. and Robert
M. Levy Associates, Inc.; and further authorizing the Mayor and City Clerk to execute an
agreement upon the completion of successful negotiations by the Administration.
JMG/HF/KC/PL
T:IAGENDA12008\Sept 10\Consent\LobbyistMemo.doc
i ~1~~ i ~.
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachFl.gov
Procurement Division
Tel: 305.673-7490 ,Fax: 786.394.4006
July 24,.2008
Mr. Gabriel Nieto Fax: 305.714.4340
Berger Singerman E-mail: gnietoCc~beraersinaerman.com
200 South Biscayne Blvd., Suite 1000
Miami, FL 33131
305.755.9500
Re: Request. for Proposals (RFP) No. 27-07/08 For the Provision of Governmental
Consulting Services in Tallahassee, Florida
Dear Mr. Nieto:
The City interprets Section 4 (f) on page 33 of your response to the subject RFP as an exception
taken by the proposer to a term of the RFP. Accordingly, pursuant to Section VI (D)on page 17
of the RFP ("Exceptions to RFP°) the City hereby rejects said exception.
The City does not consent to proposer's present or future representation of clients (to the extent
and subject to the conditions noted by proposer in its response to the RFP), and shall require
proposer (as well as its sub-consultants, sub-contractors, or any other person or entity acting
under proposer's direction and control in the performance of services contemplated under the
RFP) to comply with the provisions of Section 2-446 through 2-490 of the City Code, including
without limitation, Section 2-485.2 thereof.
Accordingly. as provided in Section IV (D) of the RFP, Proposer shall be required to complywith
the terms and conditions of the RFP which your firm has taken exception to, as said term and/or
condition was originally set forth in the RFP..
Given the above, if your firm elects to represent clients now, and., in the future, on matters.
involving the City, as stated in Section 4 (f) on page 33 of your response to the subject RFP,
please advise this Office of your decision by close of business on July 31, 2008.
Sincere~i /~)
s Lopez,
Copy: Raul Aguila -Deputy City Attorney
Kevin Crowder -Economic Development Division Director
We ore committed to providing excellent public service and sofey ro oll who live, work, and play in our vibrant, tropical, historic communiy.
vie deliver creative and eReNve business solutions and wunsel
B1rRGER SINGERMAN sots Raton Fort Lauderdale Altami Tallahassee
attorneys at law
Gabriel E. Nieto
(305) 714-4365
gnietoQbergcrsingerman.com
July 31, Zoos
VIA FACSIlVIILE & U.S. MAIL
Mr. Gus Lopez, CPPO
Procurement Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: Request for Proposals iIRFP) No. 27-07/08 For the Provision of
Governmental Consulting Services in Tallahassee, Florida
Dear Mr. Lopez: .
We are writing in response to your letter of July 24, 2008 regarding Section 4(f) on page
33 of our response to the above referenced RFP. We prepared Section 4(f) in response to the
portion of `the ]ZRP on page 14 ~requestirig that each• submission include a description of "Ariy
actual and or potential conflicts of interest in providing •services~•equested in this ~1tFP." The
intent of Section 4(f) was to advise the City that Berger Singerman would not deem a conflict to
exist where it was representing an individual or entity before the City unless
the representation involved a direct conflict with respect to the issues we are addressing before
the legislature on the City's behalf. For example, the Berger Singerman team would
not represent other clients before the legislature or the City on issues that would require us to
take a position contrary to those we are addressing for the City. It was not our intent to require
the City to waive any direct conflicts.
We included the response to Section 4(f) in an abundance of caution because our firm has
a wide variety of practice areas and we appear before the City on issues and litigate issues with
the City. For example, we are currently involved in AZ Group Inc. v. City of Miami Beach
(Miami Dade County Circuit Court Case No.: 07-10642 CA 20C)~ adverse to the City. We also
frequently represent clients in land-use, zoning and other related matters before the City, and
would desire to do so during the contract period. Such representation obviously requires
interaction with -City Commissioners, attorneys and staff as to the legal issues implicated.
Accordingly, our request for the City's consent on this issue seeks to allow representation of
clients before .the'. City on matters unrelated to the services provided to the City under the
contract: • .~
In light of the foregoing, we would ask the. City to reconsider whether Section
4(f) actually creates an exception to the 1tFP or states a position that is already consistent with
Z00 South Biscayne Boulevard Suite 1000 Miami, Florida 33131-5308 Telephone 305.755.9500 Facsimile 305.714.4340
Mr. Gus Lopez, CPPO
July 31, 2008
Page 2
Sec. 2-485.2 as applied. In the alternative, and if necessary, we would ask that the City consider
and undertake full review of the proposal along with the other proposals which do not appear to
directly address the conflict issue. In the event that the Berger Singerman team is selected, we
can then address, in contract negotiations, the specific scope of our representation, and any
circumstances that may present a direct conflict.
As always, should you have any questions or require additional information, please do
not hesitate to contact me. Thank You.
Sincerely,
BER~GE . " S~INGERMAN
.~ ~-
Gabriel E. Nieto
izasas~->
we deifver [n:itlve and eRecdw business solutions and counsel
B ERGER S INGERMAN Fo.t Lauderdale Miami Tallahassee
attorneys at law
m ~AIAIV~IBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33.139, www.miamibeachfi.gov
Procurement Division
Tel: 305-673-7490 ,Fax: 786.394.4006
August 25, 2008
Mr. Gabriel Nieto Fax: 305.714.4340
Berger Singerman E-mail: gnieto _bergersingerman.com
200 South Biscayne Blvd., Suite 1000
Miami, FL 33131
305.755.9500
Re: Request for Proposals No. 27-07!08 For the Provision of Governmental
Consulting Services in Tallahassee, Florida (the RFP)
Dear Mr. Nieto:
In response to your letter dated July 31, 2008, the City reiterates its response to you, dated July
24, 2008, interpreting Section 4 (f) on page 33 of your response to the RFP as an exception to
the terms of the RFP. Accordingly, pursuant to Section VI (D) on page 17 of the RFP
("Exceptions to RFP") the City hereby continues to reject said exception.
Additionally, your response in Section 4(f) is directly in conflict with Section 2-485.2 of the City
Code ("Prohibited Lobbying Activities") which states that."Any person or entity retained as a
lobbyist by the city is prohibited from lobbying any city officer, departmental personnel or
employee in connection with any judicial or other proceeding, application, RFP, RFQ, RFLI, bid,
request for ruling or other determination, contract or controversy on behalf of a third party for the
length of the contract or other agreement between the lobbyist and the city." It is not limited to
only prohibiting lobbying on matters where Berger Singerman would take a position contrary to
those it would address for the City.
Accordingly, as the City has previously determined that Berger Singerman's response in
Section 4(f) represents an exception to the RFP which the City has heretofore not accepted and,
further, as the proposal may not - as written -comply with the terms of the RFP, should Berger
Singerman wish its proposal to receive further consideration, please acknowledge that Berger
Singerman will not engage in any prohibited lobbying activities in the City during the contract
term.
Please advise this office of your decision by 4:30 p.m. today, so that a decision may be made
regarding further consideration of your RFP submission.
Sincer
Gus opez, C P
Procu meat hector
Copy: Jorge M. Gonzalez- City Manager
Jose Smith -City Attomey
Raul Aguila -Deputy City Attorney
Kevin Crowder- Economic Development Division Director
We are committed to providing excellent public service and sofey to oll who live, work, oriel ploy in our vibrant, tropical, hisbric community.
m MIAMiBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
Procurement Division
Tel: 305-673-7490 ,fax: 786.394.4006
August 25, 2008
Mr. AI Cardenas
Senior Partner, Tew Cardenas LLP E-mail: ac@tewlaw.com
The Advocacy Group at Tew Cardenas, LLC
1441 Brickell Ave., 15th Floor
Miami, Florida 33131
305.539.2480
Re: Request for Proposals No. 27-07/08 For the Provision of Governmental
Consulting Services in Tallahassee, Florida (the RFP)
Dear Mr. Cardenas:
In the City's ongoing due diligence with regard to the above referenced RFP, it has come to
the City's attention that Mr. Bob De La Fuente, a partner of Tew Cardenas LLP, is a
registered lobbyist with the City.
As the Advocacy Group at Tew Cardenas, LLC is a subsidiary of Tew Cardenas LLP, and
you are considered an employee of both entities. Section 2-485.2 of the City Code
("Prohibited Lobbying Activities") which states that "Any person or entity retained as a
lobbyist by the city is prohibited from lobbying any city officer, departmental personnel or
employee in connection with any judicial or other proceeding, application, RFP, RFQ, RFLI,
bid, request for ruling or other determination, contract or controversy on behalf of a third
party for the length of the contract or other agreement between the lobbyist and the city."
As the aforestated prohibition would potentially cause the Advocacy Group at Tew
Cardenas' response to the RFP to benon-responsive, please acknowledgethat -should you
wish for said proposal to receive further consideration -neither Tew Cardenas nor The
Advocacy Group at Tew Cardenas will engage in any prohibited lobbying activities in the
City should The Advocacy Group be recommended for award for the subject RFP. This
would also necessarily include divestiture of any current lobbying in the City by either Tew
Cardenas or The Advocacy Group.
Please, advise this Office of your decision by 4:30 p.m. today, so that a decision may be
made regarding further consideration of your RFP submission.
Sincerely
Gus opez, C O
Proc ement Director
Copy: Jorge M. Gonzalez -City Manager
Jose Smith -City Attomey
Raul Aguila -Deputy City Attomey
Kevin Crowder -Economic Development Division Director
We are rnmmilted to providing exceNent public service and sofely fo oll who live, work, and play in our vibront, trc~picol, historic
communiy.