R9F - Attachment Part 1JONAH M. WOLFSON
July 10, 2013
Jimmy Morales, City Manager
City of Miami Beach
1700 Convention Center Drive
Fourth Floor
Miami Beach, Florida 33139
Re: Request for Debarment of UIA Management, LLC, and its Affiliates
Dear Mr, Morales:
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Pursuant to Chapter 2, Article VI, Division 5 of the Code of the City of Miami Beach,
Florida ("Code"), please accept this correspondence as my request for debarment of UIA
Management, LLC ("UIA"), and its Affiliates (as that term is defined in Section 2-398(a) of the
Code). The conduct giving rise to this request occurred prior to the effective date of Ordinance
No. 2013-3787, Therefore, this request must be governed by Ordinance No. 2000-3234. The
causes and grounds for the requested debarment are as follows:
Robert S. Wennett is the President of UTA Management, LLC. Mr. Wennett is a
"Lobbyist" (as that term is defined in Sec. 2-481 of the Code) for UIA. Section 2-482 of the
Code, among other things, requires lobbyists to register with the City Clerk prior to engaging in
any lobbying activity. According to the public records of the City of Miami Beach, Mr. Wennett
engaged in the following lobbying activity on behalf of UIA without first registering with the
City Clerk on at least the following three occasions:
• February 24, 2011 -Mr. Wennett lobbied the members of the Finance and Citywide Projects
Committee ("FCWPC") concerning Item No. 6 on the February 24, 2011, FCWPC Agenda
(Lincoln Road Maintenance Agreement). See Audio of the February 24, 2011, FCWPC
meeting.
• February 8, 2012 -Mr. Wennett lobbied the Mayor and City Commission concerning
Agenda Item R7F on the February 8, 2012, City Commission Meeting Regular Agenda
(Lincoln Road Maintenance Agreement). See Video of the February 8, 20I2, City
Commission meeting.
• February 24, 2011 -Mr. Wennett lobbied the members ofthe FCWPC concerning Item No.
3 on the February 24, 201 I, FCWPC Agenda (Miami Beach Convention Center). See Audio
of the February 24, 20I I, FCWPC meeting.
Pursuant to Section 2-485. I of the Code, Mr. Wennett's unregistered lobbying activity
subjects UIA to the debarment provisions of Chapter 2, Article VI, Division 5 of the Code.
Accordingly, please transmit this request to the Mayor and City Commission at its July I2, 20I3
meeting, or July 17, 2013 meeting, whichever is sooner.
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Further, as you are aware, Mr. Wennett is an authorized representative of ACE. ACE has
submitted a response to the RFQ for the Convention Center redevelopment. As part of its due
diligence, the City Commission required all of the proposers and their principals and team
members to execute an affidavit that they have not violated the City of Miami Beach's Cone of
Silence and Lobbyist Laws. Mr. Wennett executed the affidavit attached hereto as Exhibit "A"
("Affidavit").
Paragraph 8 of the Affidavit establishes that ACE and its "Proposal Team Members" are
Affiliates of UIA. Pursuant to Section 2-403(b) of the Code, the Debarment Committee's
decision debars Affiliates provided that they are specifically named and given written notice of
the proposed debarment and an opportunity to respond. Accordingly, please ensure that the
City's Notice of Proposal to Debar rnA specifically names ACE and its Proposal Team
Members, and that they are given notice of the proposed debarment and an opportunity to
respond.
Additionally, Mr. W ennett was untruthful in his affidavit. In Paragraph I 0 he asserts that
he has not engaged in "any lobbying activities regarding the RFQ in violation of the Lobbyist
Laws." As evidenced by the audio of the February 24, 2011, FCWPC meeting, Mr. Wennett
lobbied said committee concerning the expansion and enhancement of the Miami Beach
Convention Center. This is very well of interest to other investigative agencies.
Finally, upon information and belief, one ofthe Portman Group's main principals, Jack
Portman, has not registered to lobby. The City has some of the broadest regulations regarding
registering to lobby and principals fall within the requirement to register. Especially on this
Convention Center RFQ. Mr. Portman is not listed on the City of Miami Beach's website as
having registered to lobby. And he has lobbied making such activity unregistered lobbying and
in violation of the code.
Thank you for your immediate attention to this matter.
Very truly yours,
Jonah Wolfson
City Commissioner
cc: Mayor & City Commission
Jose Smith, City Attorney
Rafael Granado, City Clerk
Christina Veiga, Miami Herald
AFFIDAVIT OF COMPLIANCE WITH CITY OF MIAMI BEACH CONE. OF SILENCE AND
LOBBYIST LAWS
AFFIDAVIT OF ROBERT WENNETI
Before me, the undersigned authority, personally appeared Robert Wennett, who being
first duly swom, deposes and says:
1. My name Is Robert Wennett and I am President of UIA Management LLC. I have
personal knowledge of the matters stated within the Affidavit hereinbelow.
2. I am an official authorized representative of South Beach Arts, Culture, Entertainment
(the ~Proposer").
3. Proposer submitted a proposal (the "Proposal") in response to City of Miami Beach
Request for Qualifications No. 22-11112 for the Development of the Miami Beach
Convention Center District (the "RFQ").
4. As part of the Proposal, and as required by the RFQ, I executed and submitted an
AcknOYIIedgment Letter on behalf of Proposer, attached and Incorporated as Exhib~ "A"
hereto, which in part states as follows:
I have read the City of Miami Beach's RFQ No. 22-11112 for the
Development of the Miaml Beach Convention Center District. On behalf
of our Proposal Team. we agree to and accept the terms, specific
limitations, and conditions expressed therein.
5. As part of the Proposal, and as required by the RFQ, I executed and submitted a
Disclosure and Disclaimer, attached and incorporated as Exhibit ·s· hereto, which states
in part as follows:
Following submission of a Proposal, the applicant agrees to deliver such
further details, information and assurances, including financial and
disclosure data, relating to the Proposal and the appncant including,
without limitation, the appticanrs affiliates, officers, directors,
shareholders, partners and employees, as requested by the City in its
discretion.
6. The Disclosure and Disclaimer further states that:
Proposers are expected to make all disclosures and declarations as
requested in this RFQ. By submission of a Proposal, the Proposer
aclmowledges and agrees that the City has the right to make any inquiry
or Investigation it deems appropriate to substantiate or supplement
information contained in the Proposal, and authorizes the release to the
City of any and all information sought in such Inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is
true, accurate and complete, to the best of its knowledge, information,
and belief.
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7. The RFQ advised proposers that said RFQ was subject to certain City of Miami Beach
(the "City") ordinances and resolutions Including, but not limited to, the City's Cone of
Silence Ordinance (Ordinance No. 2002-3378), as codified In Chapter 2, Division 4,
Section 2-486 of the Code of the City of Miami Beach, and attaeherl and incorporated as
Exhibit 4 C" hereto (hereinafter identified as the "Cone of Silence"), and the City's lobbyist
laws, as codified in Chapter 2, Division 3, Sections 2-481 through 2-485.3 of the City
Code, and in Miami-Dade County Ordinance Section 2-11.1(s), and attached and
incorporated as Exhibit "D" hereto (hereinafter identified as the "Lobbyist laws").
8. In pages 10 through 13 of its Proposal, said pages attached and incorporated as Exhibit
•E• hereto, the Proposer Identified the following Individuals and/or firms as Proposal
team members:
Tishman Hotel and Realty LP (THR)
DanTishman
John Vickers
Paul Diamond
David BagweO
James Claus
Charles Cocotas
Obaid Khan
Dennis Mahoney
David Rothenberg
Wdliam Sales
Joseph Simone
Robert Snyder
UIA Management, LLC (UIA)
Robert Wennett
Mary Jessica Woodrum
Jeffrey Weinstein
OMA • AMO Architecture P.C. (OMA)
Rem Koolhaus
Shohel Shigematsu
Maria Rnders
Jason Long
Tishman Construction Corporation (TCC)
John Livingston
The Goldman Sachs Group, Inc.
Jeff Scruggs
David levy
Mafvin Marcus
Greg Carey
AECOM
Vwek Reddy
Satya Pinapaka
Sam Middleton
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Jillian Gastright
Fadhely Vdoria
Gorky Charpentier
Steve Boylan
Randy Scott
B!lzin Sumberg Baena Price & Axelrod LLP
Carter N. McDowell
Albert E. Dotson, Jr.
VM Diaz & Partners, LLC
VictorDiaz
tvs design
Ken Stockdell
Robert Svedberg
MWA
Michael Van Valkenburgh
Matthew Urbanski
Raymond Jungles, Inc.
Raymond Jungles
Paul Weinberg
Matthew lewis
Hereinafter, the aforementioned individuals and/or firms may be referred to individually
as a "Proposal Team Member," or collectively as the "Proposal Team Members." For
purposes of this Affidavit, the term "Proposal Team Member" shall also speciflcaly
indude any officers, employees, and agents of a Member Hsted above, including any
lobbyist(s) registered In the City of Miami Beach employed or retained by a Member.
9. To the best of my knowledge, information, and belief, and following a thorough
investigation and inquiry, I represent and warrant to the City, on behalf of the Proposer
that, during the period of February 8, 2012 through December 12, 2012, while the
provisions of the COne of Silence were in full force and effect as to all proposers to the
RFQ (indudlng, without lilnitation, the Proposal Team Members), none of the Proposal
Team Members identified in Paragraph 6 engaged in any communication{s) With regard
to the RFQ, either written or oral, in violation of the Cone of Silence With any member of:
(i} the City's administrative staff including, but not limited to, the City Manager and his or
her staff; {ii) the evaluation committee convened by the City for the RFQ (the "Evaluation
Committee"); and {iii) the Mayor and City Commissioners or their respective staffs.
10. To the best of my knowledge, information, and belief, and following a thorough
Investigation and inquiry, I represent and warrant to the City, on behalf of the Proposer,
that none of the Proposal Team Members identified in Paragraph 8 have engaged In any
lobbying activities regarding the RFQ in Violation of the lobbyist Laws.
11. To the best of my knowledge, information, and belief, and following a thorough
investigation and Inquiry, I represent and warrant to the City, on behalf of the Proposer,
that none of the Proposal Team Members identified in Paragraph a have engaged in
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any communlcaUon(s) With regard to the RFQ, either written or oral, with the City's
former Procurement Director, Gus Lopez {other than any communication(s) With Mr.
Lopez Which may have occurred prior to the termination of his employment as the City's
Procurement Director on March 31, 2012; and, in such case(s). provided further that any
sU<:h communication(s) prior to March 31, 2012 were, as permitted under the Cone of
Silence, (I) in writing, With a copy of such written communication filed with the City Clerk;
or (il) were solely limited to matters of process or procedure already contained in the
RFQ).
12. To the best of my knowledge, Information, and belief, and following a thorough
investigation and inquiry, I represent and warrant to the City, on behalf of the Proposer,
that none of the Proposal Team Members identified in Paragraph B have engaged In any
communica!ion(s) with regard to the RFQ, either written or oral. with any individual(s) or
flnn(s) identifying themselves as representing or purporting to act by or on behalf of Gus
Lopez including, without limitation. (i) Pierre Landrin, who Is an employee of the School
Board of Miami-Dade County, and who is also the principal and registered agent of
Almani Marketing, Co., a Florida corporation whose principal address is 5211 Corfield
Street. Hollywood, Rorida (hereinafter "Aimani Marketing"); or (ii) Almanl Marketing.
FURTHER AFFIANT SAYETH NOT.
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING
AFFIDAVIT AND THAT THE STATEMENTS IN IT ARE TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE AND BEUEF.
4
ROBERT WENNETT
The foregoing Instrument was acknowledged before me this .1i_ day of Apri /
2013 by Robert Wennett, who is personally known to me and who did take an oath.
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My Commission expires: 11 J II J IB
olary Public
State of Florida at Large
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ACK.,.,OWL'EDGMENT LETTEH
R.E: RFQ NO 22-11112 FOR THE DEVELOPMENT Of' THE MIAMI OEACH CONVENTION
CENTER DISTRICT
Ocnr Sir or Madame:
I h:~vc read the City ofMianli Bcac 11's RFQ NO. 22-11/12 Cor the Development of the Miami Reach
Convention Center District. On behalf of our Propos<~! team, we agree to and accept the terms, sped ftc
limitations, and conditions expressed t~1crcin. In addition, we have read, rely upon, ncknowlcdge, and
accept the City's Disc!oS\Jre and Disclaimer .which is attached hereto and is fully incorporated into this
leO cr.
Sincerely,
Tishman Realty lP
[ly: Tishman Realty Corporation
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·By: Paul Dianwnd, EVP
Exhibit "A"
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DISCLOSURE AND DISCLAIMER
This Request for Qualifications ("RFQ") is being furnished to the recipient by the City of Miami
Beach (the "City") for the recipient's convenience. Any action taken by the City in response to
Proposals made pursuant to this RFQ, or in making any award, or in failing or refusing to make
any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling
this RFQ, either before or after issuance of an award, shall be without any liability or obligation
on the part of the City.
In its sole discretion, the City may withdraw the RFQ either before or after receiving proposals,
may accept or reject proposals, and may accept proposals which deviate from the RFQ, as it
deems appropriate and in its best interest. In its sole discretion, the City may determine the
qualifications and acceptability of any party or parties submitting Proposals in response to this RFQ.
Following submission of a Proposal, the applicant agrees to deliver such further details,
information and assurances, including financial and disclosure data, relating to the Proposal and
the applicant including, without limitation, the applicant's affiliates, officers, directors,
shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective
Proposers. It is the responsibility of the recipient to assure itself that information contained
herein is accurate and complete. The City does not provide any assurances as to the accuracy
of any information in this RFQ
Any reliance on these contents, or on any permitted communications with City officials, shall be
at the recipient's own risk. Proposers should rely exclusively on their own investigations,
interpretations, and analyses The RFQ is being provided by the City without a1y warra1ty or
representation, express or implied, as to its content, its accuracy, or its completeness No
warranty or representation is made by the City or its agents that any Proposal conforming to
these requirements will be selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this RFQ, the selection and the
avvard orocess, or whether any award will be made. Any recipient of this RF'O who responds
hereto fully acknowledges ali the provisions of this Disclosure and Disclaimer, is totally relying
on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals
submitted to the City pursuant to this RFQ are submitted at the sole risk and responsibility of the
party submitting such Proposal.
This RFQ is made subject to correction of errors, omissions, or withdrawal from the market
without notice. Information is for guidance only, and does not constitute all or any part of an
agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as
same may be modified, and the applicable definitive agreements pertaining thereto, are
approved and executed by the parties, and t:1en only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this RFQ may be accepted or
rejected by the City for any reason, or for no reason, without any resultant liability to the City
The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting
documents shall be subject to disclosure as required by such law. All Proposals shall be
submitted in sealed bid form and shall remain confidential to the exient permitted by Florida
Statutes, until the date and time selected for opening the responses. At that time, all documents
21712012
City cf Mtam! B~ach
Exhibit "B"
RFQNo: 22.11112
4! of72
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received by the City shall become public records.
Proposers are expected to make all disc!osures and declarations as requested in this RFQ. By
submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to
make any inquiry or investigation it deems appropriate to substantiate or supple.11ent
information contained in the Proposal, and authorizes the release to the City of any and all
information sought in such inquiry or investigation. Each Proposer certifies that the information
contained in the Proposal is true, accurate and complete, to the best of ils knowledge,
information, and belief.
Notwithstanding the foregoing or anything contained in the RFQ, all Proposers agree that in the
event of a final unappealable judgment by a court of competent jurisdk:tion which imposes on
the City any liability arising out of this RFQ, or any response thereto, or any action or inaction by
the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upor. and
liquidated damages. The previous sentence, however, shall not be construed to circumvent any
of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the
balance of the RFQ, it is understood that the provisions of this Disclosure and Disclaimer shall
always govern. The RFQ and any disputes arising from the RFQ shall be governed by and
construed in accordance with the laws of the State of Florida.
ACCEPTED:
[NAMe AND TITLE]
[ORGANIZATION]
[PROPOSER'S NN11E]
Tistman Realty L?
By; Tishman Realty Corporation
~~ By~;aul Diamond, BVP
2/71201~
City of Miami 8eedl RFQ Nc: 22·1111?
AS ol 71
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Miami Beach, Florida, Code of Ordinances» Subpart A • GENERAL ORDINANCES>> Chapter 2-
ADMINISTRATION» ARTICLE VII. -STANDARDS OF CONDUCT» DIVISION 4.-PROCUREMENT»
----------------------------------------------------------------------
DIVISION 4. • PROCUREMENT
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Sec 2-486. -Cone of silence.
Sec. 2-486. • Cone of silence.
(a) Contracts for the provision of goods, services, and construction projects.
(1) Definition. "Cone of silence" is hereby defined to mean a prohibition on:
a. Any communication regarding a particular request for proposal ("RFP"),
request for qualifications ("RFQ"), or bid between a potential vendor, serviGe
provider, bidder, lobbyist, or consultant and the city's administrative stat'
including, but not !imited to, the city manager and his or her staff;
b. Any communication regarding a particular RFP, RFQ or bid between the
mayor, city commissioners, or their respective staffs, and any member of the
city's administrative staff including, but not limited to, the city manager and his
or her staff;
c. Any communication regarding a particular RFP, RFQ or bid between a potential
vendor, service provider, bidder, lobbyist, or consultant and any member of a
city evaluation and/or selection committee therefore; and
d. Any communication regarding a particular RFP, RFQ or bid between the
mayor, city commissioners, or their respective staffs, and a member of a city
evaluation and/or selection committee therefore.
e. Any communication regarding a particular RFP, RFQ or bid between the
mayor, city commissioners, or their respective staffs and a pote.1tialvendor,
service provider, bidder, lobbyist, or consultant.
(2) Procedure.
a. The cone of silence shall be imposed upon each RFP, RFQ or bid after the
advertisement of said RFP, RFQ or bid. At the time of impositio.1 of the cone of
silence, the city manager or his or her designee shall provide for public notice
of the cone of silence. The city manager shail include in any public solicitation
for goods and services a statement disclosing the requirements of this division.
b. The cone of silence shall terminate:
1. At the time the city manager makes his or her written recommendation
as to selection of a particular RFP, RFQ or bid to the city commiss'on,
and said RFP, RFQ or bid is awarded; provided, however, that following
the manager making his or her written recommendation, the cone of
silence shall be lifted as relates to communications between the mayor
and members of the commission and the city manager; providing further
if the city commission refers the manager's recommendation back to the
city manager for further review, the cone of silence shall continue until
Exhibit "C"
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2.
such time as the manager makes a subsequent wrillen
recommendation, and the particular RFP, RFQ or bid is awarded; or
In the event of contracts for less than $25,000.00, when the city
manager executes the contract.
(3) Exceptions. The cone of silence shall not apply to;
a. Competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds
administered by the city office of community development; and
b. Communications with the city attorney and his or her staff.
c. Oral communications at pre-bid conferences;
d. Oral presentations before evaluation and/or selection committees;
e. Contract discussions during any duly noticed public meeting;
f. Public presentations made to the city commissioners during any duly noticed
public meeting;
g. Contract negotiations with city staff following the award of an RFP, RFQ or bid
by the city commission: or
h. Communications in writing at any time with any city employee, official or
member of the city commission, unless specifically prohibited by the applicable
RFP, RFQ or bid documents;
i. City commission meeting agenda review meetings between the city manager
and the mayor and individual city commissioners where such matters are
scheduled for consideration at the next commission meeting.
j. Communications regarding a particular RFP, RFQ, or bid between the
procurement director, or his/her administrative staff responsible for
administering the procurement process for such RFP, RFQ or bid and a
member of the evaluation/selection committee therefore, provided the
communication is limited strictly to matters of process or procedure already
contained in the corresponding solicitation document;
k. Duly noticed site visits to determine the competency of bidders regardL1g a
particular bid during the time period between the opening of bids and the time
the city manager makes his or her written recommendation:
I. Any emergency procurement of goods or services;
m. Communications regarding a particular RFP, RFQ or bid between any person,
and the procurement director, or his/her administrative staff responsibie for
administering the procurement process for such RFP, RFQ or bid, provided the
communication is limited strictly to matters of process or procedure already
contained in the corresponding solicitation document.
n. The bidder, proposer, vendor, service provider, lobbyist, or consultant shall file
a copy of any written communications with the city clerk. The city clerk shall
make copies available to any person upon request.
(b) Violations/penalties and procedures. A violation of this section by a particular bidder,
proposer, vendor, service provider, lobbyist, or consultant shall subject said bidder, proposer,
vendor, service provider, lobbyist, or consultant to the same procedures set forth in Division
5, entitled "Debarment of Contractors from City Work" shall render any RFP award, RFQ
award or bid award to said bidder, proposer, vendor, service provider, bidder, lobbyist. or
consultant voidable; and said bidder, proposer, vendor, service provider, lnbbyist, or
consultant shall not be considered for any RFP, RFQ or bid for a contract for the provision of
goods or services for a period of one year. Any person who violates a provision of this
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division shall be prohibited from serving on a city evaluation and/or selection committee. In
addition to any other penalty provided by law, violation of any provision of this division by a
city employee shall subject said employee to disciplinal)' action up to and including
dismissal. Additionally, any person who has personal knowledge of a violation of this division
shall report such violation to the city attorney's office or state attorney's office, and/or may file
a complaint with the county ethics commission.
(c) The requirements of Section 2-11.1 (t) of the Code of Miami-Dade County, Florida, relating to
the county's cone of silence ordinance, as same may be amended from time to time shall not
apply to the city.
(Ord. No. 99-3164, § 1, 1-6-99; Ord. No. 2001-3295, § 1, 3-14-01; Ord. No. 2002-3377, § 1, 7-31-02; Ord. No. 2002-
3378, § 1, 7-31-02)
Editor's note--
Ord. No. 2002-3378, § 1, adopted July 31, 2002, amended § 2-486 in its entirety. Because Ord. No.
2002-3378 did not specifically repeal subsection (d), the renumbering of subsection (d) as
subsection (c) is at the discretion of the editor.
Municode Pagelof6
Miami Beach, Florida, Code of Ordinances» Subpart A -GENERAL ORDINANCES» Chapter 2-
ADMINISTRATION» ARTICLE VII.-STANDARDS OF CONDUCT>::> DIVISION 3.-LOBBYISTS>::>
DIVISION 3. -LOBBYISTS
Sec. 2-481. -Definitions.
Sec. 2-482. -Registration.
Sec. 2-483. -Exceptions to reqjstration.
Sec. 2-484. -Sign-In logs.
Sec. 2-485 -List of exoeoditures: fee disclosure: rePorting requirements.
Sec. 2-485.1. -Penalties.
Sec. 2-485.2.-Prohibited lobbying activities.
Sec. 2-485.3.-Contingency fee prohibited.
Sec. 2-481. -Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or
primary responsibility is to recommend legislation or give advice to the city commissioners.
Autonomous personnel includes but is not limited to the members of the housing authority,
personnel board, pension boards, and such other autonomous or semi-autonomous authorities,
boards and agencies as are entrusted with the day-to-day policy setting, operation and
management of certain defined functions or areas of responsibility.
Commissioners means the mayor and members of the city commission.
Community based organization means a not-for-profit association or corporation organized
under state or local law to engage in community development activities (including, but not lim1ted to,
housing and economic development activities) and has as its primary purpose the improvement of
the physical, economic or social environment by addressing one or more of the critical needs of the
area, with particular attention to the needs of people with low or moderate incomes.
Departmental personnel means the city manager, all assistant city managers, all department
heads, the city attorney, chief deputy city attorney and all assistant city attorneys; however, all
departmental personnel when acting in connection with administrative hearings shall not be
included for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who
seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or
decision of any commissioner; any action, decision, recommendation of !he city manager or any city
board or committee; or any action, decision or recommendation of any city personnel defined in any
manner in this section, during the time period of the entire decision-making process on such action,
decision or recornrnend~tion tha(foreseeaQiy will be_ b§acd O[ rE:;view_eg byJbe city commission,_or.<J
Exhibit "D"
Mum code Page 2 of6
city board or committee. The term specifically includes the principal as well as any employee
engaged in lobbying activities. The term "lobbyist" specifically excludes the following persons:
Expert witnesses who provide only scientific, technical or other specialized information or
testimony in public meetings; any person who only appears as a representative of a
neighborhood association without compensation or reimbursement for the appearance,
whether direct, indirect or contingent, to express support of or opposition to any item; and
any person who only appears as a representative of not-for-profit community based
organization for the purpose of requesting a grant without special compensation or
reimbursement for the appearance.
The persons specifically excluded above from the definition of "lobbyist" shall, prior to
communicating with subject city personnel, disclose in writing to the city clerk, their name, address,
and principal on whose behalf they are communicating.
Neighborhood association means an organization of residential homeowners and tenants
created to address quality of life issues in a defined neighborhood or community.
Quasi-judicial personnel means the members of the planning board, the board of adjustment
and such other boards and agencies of the city that perform such quasi-judicial functions. The
nuisance abatement board, special master hearings and administrative heari~gs shall not be
included for purposes of this division as to those individuals compelled to appear before said
agencies.
(Ord No. 92-2777, §§ 1, 2, 3-4-92; Ord. No. 92-2785, §§ 1, 2, 6-17-92; Ord. No. 2004-3435, § 1. 2-4-04)
Cross reference-Definitions generally, § 1-2.
Sec. 2-482. -Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk.
Every person required to register shall register on forms prepared by the cler:.:, pay a
registration fee of $350.00, as specified in appendix A and state under oath:
(1) His name;
(2) His business address;
(3) The name and business address of each person or entity which has employed the
registrant to lobby;
(4) The commissioner or personnel sought to be lobbied, and whether the lobbyist has
entered into any contractual relationship (paid or unpaid) with said city commissioner
or personnel from 12 months preceding such person's commencement of service with
the city to the present date, stating the general nature of the subject contractual
relationship.
(5) The specific issue on which he has been employed to lobby; and
(6) The terms and amount of compensation to be paid by each principal to the lobbyist
with regard to the specific issue on which the lobbyist has been engaged to lobby.
Cross reference-List of expenditures; fee disclosure; reporting requirements, § 2-485.
(b) Any change to any information originally filed, or any additional city commissioner or
personnel who are also sought to be lobbied shall require that the lobbyist file an
amendment to the registration forms, although no additional fee shall be required for such
amendment. The lobbyist has a continuing duty to supply information and amend the forms
filed throughout the period for which the lobbying occurs.
(c)
1 /')~/')()11
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If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or
beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also
identify all persons holding, directly or indirectly, a five percent or more ownership interest in
such corporation, partnership, or trust.
(d) Separate registration shall be required for each principal represented on each specific issue.
Such issue shall be described with as much detail as is practical, including but not limited to
a specific description where applicable of a pending request for a proposal, invitation to bid,
or public hearing number.
(e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice
of withdrawal.
(f) In addition to the $350.00 per issue registration fee required in subsection (a) of this section,
annual registration of all lobbyists shall be required for each 12-month period commencing
October 1 of each year, and the fee for such annual registration shall be $500.00, as
specified in appendix A.
(g) Every registrant shall be required to state the extent of any business, financial, familial or
professional relationship, or other relationship giving rise to an appearance of an impropriety,
with any current city commissio11er or city personnel who is sought to be lobbied as identified
on the lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (f) of this section shall be deposited by
the clerk into a separate account and shall be expended for the purpose of recording,
transcribing, administration, and other costs incurred in maintaining these records for
availability to the public. There shall be no fee required for filing a notice of withdrawal, ar:d
the city commission may in its discretion, waive the registration fee upon a finding offinartcial
hardship. Prior to conducting any lobbying, all principals must file a form with tne city clerk.
signed by the principal or the principal's representative, stating under oath that the lobbyist is
authorized to represent the principal. Failure of a principal to ftle the form required by the
preceding sentence may be considered in the evaluation of a bid or proposal as evidence
that a proposer or bidder is not a responsible contractor. Each principal shall file a form
under oath with the city clerk at the point in time at which a lobbyist is no longer authorized to
represent the principal. Any person (except those exempt from the definition of "lobbyist" as
set forth in section 2-481 above) who only appears as a representative of a not-for-profit
corporation or entity without special compensation or reimbursement for the appearance.
whether direct or indirect to express support of or opposition to any item, shall register with
the clerk as required by this section but, shall not be required to pay any registration fees.
Copies of registration forms shall be furnished to each commissioner or other personnel
named on the forms.
(i) All members of the city commission and all city personnel shall be diligent to ascertain
whether persons required to register pursuant to this section have complied. Commissioners
or city personnel may not knowingly permit themselves to be lobbied by a person who is not
registered pursuant to this section to lobby the commissioner or the relevant committee,
board or city personnel.
Ul The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist
registrations fiied. All logs required by this section shall be prepared in a manner
substantially similar to the logs prepared for the state legislature pursuant to F.S. § 11.045.
(Ord. No. 92-2777, § 3, 3-4-92; Ord. No. 92-2785, § 3, 6-17-92; Ord. No. 2000-3243. § 1, 5-10-00; Ord. No. 2004-
3436, § 1, 2-4-04; Ord. No. 2008-3600, § 1, 3-12-08, Ord. No. 2009-3650, § 1, 9-24-09; Ord. No. 2010-3689, § 1, 9-
15-10)
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Sec. 2-483. · Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in contractual privity with
the city who only appears in his official capacity shall not be required to register as a lobbyist.
(b) Any person who only appears in his individual capacity, for the purpose of self-representation
without compensation or reimbursement, whether direct or indirect, to express support of or
opposition to any item, shall not be required to register as a lobbyist, including but not limited
to those who are members of homeowner or neighborhood associations. All speakers shall,
however, sign up on forms available at the public hearing. Additionally, any person requested
to appear before any city personnel, board or commission, or any person compelled to
answer for or appealing a code violation, a nuisance abatement board hearing, a special
master hearing or an administrative hearing shall not be required to register, nor shall any
agent, attorney, officer or employee of such person.
(Ord. No. 92-2777, §§ 4, 5, 3-4-92; Ord. No. 92-2785, §§ 4, 5, 6-17-92; Ord. No. 2004-3435, § 1, 2-4-04)
Sec. 2-484. -Sign-in Jogs.
In addition to the registration requirements addressed above, all city departments, including
the offices of the mayor and city commission, the offices of the city manager, and the offices of the
city attorney, shall maintain signed sign-in logs for all noncity employees or personr,el for
registration when they meet with any personnel as defined in section 2-481.
(Ord. No. 92-2785, § 6, 6-17-92)
Sec. 2-485. ·List of expenditures; fee disclosure; reporting requirements.
(a) On February 28 1 of each year, lobbyists subject to lobbyist registration requirements shall
submit to the city clerk a signed statement under oath as provided herein listing all lobbying
expenditures, as well as compensation received, for the preceding calendar year with regard
to the specific issue on which the lobbyist has been engaged to lobby. A statement shall be
filed even if there have been no expenditures or compensation during the reporting period.
The statement shall list in detail each expenditure by category, including food and beverage,
entertainment, research, communication, media advertising, publications, travel, lodging and
special events.
(b) Each lobbyist and his/her principal shall, before engaging in any lobbying activities, submit to
the city clerk a joint signed statement under oath disclosing che terms and amount of
compensation to be paid by each principal to the lobbyist with regard to the specir1c issue on
which the lobbyist has been engaged to lobby. If no compensation will be paid concerning
the subject lobby services, a statement shall nonetheless be filed reflecting as such.
(c) Any change to information originally filed shall require that the lobbyist (and principal under
subsection (b) above) file, within three business days from such changed circumstances, a
signed statement under oath amending the above-referenced reports; additionally, in the
event off1cial action on the specifi:: lobbied issue is scheduled to occur during said three day
period, the lobbyist and principal shall prior to said official action, further disclose the
amendment by publicly stating on the record at which the official action is to occur the
subject amendment. The lobbyist and principal have a continuing duty to supply accurate
information and amend said reports when so needed.
(d) The city clerk shall notify any lobbyist (or principal) who fails to timely file the expenditure or
fee disclosure reports referenced in'sections-(a) and (b)'above.-ln-addition to any other
penalties which may be imposed as provided in section 2-485.1, a fine of $50.00 per day
Municode Page 5 of 6
shall be assessed for reports filed after the due date. Any lobbyist who fails to file the
required expenditure report by April 30 shall be automatically suspended from lobbying until
all fines are paid, unless the fine has been appealed to the Miami Dade County Ethics
Commission.
(e) The city clerk shall notify the Miami-Dade County Commission on Ethics and Public Trust of
the failure of a lobbyist (or principal) to file either of the reports referenced above and/or pay
the assessed fines after notification.
(f) A lobbyist (or principal) may appeal a fine and may request a hearing before the Miami-Dade
Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with
the Miami-Dade Commission on Ethics and Public Trust within 15 calendar days of receipt of
the notification of the failure to file the required disclosure form. The Miami-Dade
Commission on Ethics and Public Trust shall have the authority to waive the fine, in whole or
!n part, based on good cause shown.
(Ord. No. 92-2777, § 6, 3-4-92; Ord. No 92-2785, § 7, 6-17-92; Ord. No. 2000-3243, § 1, 5-10-00; Ord. No. 2002-
3363, § 1, 5-8-02; Ord. No. 2002-3376, § 1, 7-31-02; Ord. No. 2004-3435, § 1, 2-4-04; Ord. No. 2010-3689, § 2, 9-
15-10)
1 For purposes of trensitioning this change of date and related lobbyist responsibility to timely file disclosure reports
as required hereinabove, reports for calendar years 2009 and 2010 sha!l be submitted to the city c:erk by February
28, 2011, with subsequent years' reports to be filed with the city clerk by February 28 of each resp11ctive fo!lowing
year, es set forth in [subsection] (a) above.
Sec. 2-485.1. -Penalties.
(a) A finding by the Miami-Dade County Commission on Ethics and Public Trust that a person
has violated this division shall subject said person to those penalties set forth within
subsections 2-11.1 (s) and (z) of the Metropolitan Dade County Code, said penalties
including admonition, public reprimand, fines, as well as prohibitions from registering as a
lobbyist or engaging in lobbying activities before the city.
Also, a bidder or proposer shall be subject to the debarment provisions of chaoter 2, division
5 of this Code as if the bidder or proposer were a contractor where the bidder or proposer has
violated this division either directly or indirectly or any combination thereof, on three or more
occasions. As used herein, a "direct violation" shall mean a violation committed by the bidder or
proposer and an "indirect violation" shall mean a violation committed by a lobbyist representing said
bidder or proposer. A contract entered into in violation of this division shall also render the contract
voidable. The city manager sha!i include the provisions of this subsection in all city bid documents,
RFP, RFQ, RFLI; provided, however, that failure to do so shall not render any contract entered into
as the result of such failure illegal per se.
(b) Except as otherwise provided in subsection (a) herein, the validity of any action or
determination of the city commission or city personnel, board or committee, shall not be
affected by the failure of any person to comply with the provisions of this division.
(Ord. No. 2000-3243, § 1, 5-10-00; Ord. No. 2004-3435, § 1, 2-4-04)
Sec. 2-485.2. -Prohibited lobbying activities.
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 oroceeding,
application, RFP, RFO, 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 ci\Y." . --
Municode Page 6 of 6
(Ord No. 2002-3364, § 1, 5-8-02)
Editor's note-
Ord. No. 2002-3364, § 1, adopted May 8, 2002, enacted provisions intended for use as§ 2-485A
To preserve the style of this Code, and at the discretion of the editor, said provisions have
been redesignated as § 2-485.2
Sec. 2-485.3. -Contingency fee prohibited.
No person or entity may, in whole or in part, pay, give or agree to pay or give a contingency
fee to another person. No person may, in whole or in part, receive or agree to receive a
contingency fee. As used herein, "contingency fee" means a fee, bonus, commission, or
nonmonetary benefit as compensation which is dependent on or in any way contingent on the
passage, defeat, or modification of:
(1) An ordinance, resolution, action or decision of the city commission;
(2) Any action, decision or recommendation of the city manager or any city board or
committee; or
(3) Any action, decision or recommendation of city personnel during the time period of the
entire decision-making process regarding such action, decision or recommendation
which foreseeably will be heard or reviewed by the city commission, or a city board or
committee.
(Ord. No. 2002-3365, § 1, 5-8-02; Ord. No. 2004-3435, § 1, 2-4·04)
Editor's note-
O rd. No. 2002-3365, § 1, adopted May 8, 2002, enacted provisions intended for use as§ 2-4858.
To preserve the style of this Code, and at the discretion of the editor, said provisions have
been redesignated as§ 2-485.3
l V'1 t: 1'"1 (\ I ..,
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Sec. 2-11.1. -Conflict of Interest and Code of Ethics Ordinance.
(s) Lobbying.
(1) (a) As used in this section, "County personnel" means those County officers and
employees specified in Section 2-11.1 (i)(2) of the Miami-Dade County
Conflict of Interest and Code of Ethics Ordinance.
(b) As used in this section, "Lobbyist" means all persons, firms, or corporations
employed or retained by a principal who seeks to encourage the passage,
defeat, or modifications of (1) ordinance, resolution, action or decision of the
County Commission; (2) any action, decision, recommendation of the County
Manager or any County board or committee; or (3) any action, decision or
recommendation of County personnel during the time period of the entire
decision-making process on such action, decision or recommendation which
foreseeably will be heard or reviewed by the County Commission, or a
County board or committee. "Lobbyist" specifically includes the principal as
well as any employee whose normal scope of employment includes lobbying
activities. The term "Lobbyist" specifically excludes the following persons:
attorneys or other representatives retained or employed solely for the
purpose of representing individuals, corporations or other entities during
publicly noticed quasi-judicial proceedings where the law prohibits ex-parte
communications; expert witnesses who provide only scientific, technical or
other specialized information or testimony in public meetings; any person
who only appears as a representative of a neighborhood association without
compensation or reimbursement for the appearance, whether direct, indirect
or contingent, to express support of or opposition to any item; any person
who only appears as a representative of a not-for-profit community based
organization for the purpose of requesting a grant without special
compensation or reimbursement for the appearance; and employees of a
principal whose normal scope of employment does not include lobbying
activities.
(2) All lobbyists shall register with the Clerk of the Board of County Commissioners
within five (5) business days of being retained as a lobbyist or before engaging in any
lobbying activities, whichever shall come first Every person required to so register
shall:
(a)
(b)
Register on forms prepared by the Clerk;
State under oath his or her name, business address and the name and
business address of each person or entity which has employed said
registrant to lobby. If the lobbyist represents a corporation, the corporation
shall also be identified. Without limiting the foregoing, the lobbyist shall also
identify all persons holding, directly or indirectly, a five (5) percent or more
ownership interest in such corporation, partnership, or trust. Registration of
Exhibit "D"
Municode
all lobbyists shall be required prior to January 15 of each year and each
person who withdraws as a lobbyist for a particular client shall file an
appropriate notice of withdrawal. The fee for annual registration shall be four
hundred and ninety dollars ($490.00). Every registrant shall be required to
state the extent of any business or professional relationship with any current
person described in subsection (b)(1). The registration fees required by this
subsection shall be deposited by the Clerk into a separate account and shall
be expended for the purpose of recording, transcribing, administration and
other costs incurred in maintaining these records for availability to the public.
Notwithstanding the foregoing, fifteen (15) percent of future funds generated
by lobbyist registration fees after the effective date of this ordinance shall be
deposited into a separate account. and shall be expended by the Ethics
Commission for the purposes of educational outreach, the rendering of
advisory opinions and enforcement of the provisions of Section 2-11.1 (s)
relating to lobbyists. There shall be no fee required for filing a notice of
withdrawal and the Board of County Commissioners may, in its discretion,
waive the registration fee upon a finding of financial hardship.
(c) Prior to conducting any lobbying, all principals must file a form with the Clerk
of the Board of County Commissioners, signed by the principal or the
principal's representative, stating that the lobbyist is authorized to represent
the principal. The principal and the lobbyist must also submit a joint affidavit
stating that the principal has not offered and the lobbyist has not agreed to
accept any contingency or success fees as defined in subsection (s)(7).
Failure of a principal to file the required forms may be considered in the
evaluation of a bid or proposal as evidence that a proposer or bidder is not a
responsible contractor. Each principal shall file a form with the Clerk of the
Board at the point in time at which a lobbyist is no longer authorized to
represent the principal.
(d) Each lobbyist shall, within sixty (60) days after registering as a lobbyist,
submit to the Clerk of the Board a certificate of completion of an ethics
course offered by the Miami-Dade County Commission on Ethics and Public
Trust ("Ethics Course"). Lobbyists who have completed the initial Ethics
Course mandated by the preceding sentence and have continuously
registered as a lobbyist thereafter shall be required to complete a refresher
Ethics Course every two years. Each lobbyist who has completed a refresher
Ethics Course shall submit to the Clerk of the Board a certificate of
completion within sixty (60) days after registering as a lobbyist. The Ethics
Course shall include, but not be limited to, a review of the following topics:
the Conflict of Interest and Code of Ethics Ordinance; the Sunshine Law; and
the Public Records Law. The fee for the Ethics Course shall be one hundred
dollars ($100.00). The registration fees required by this subsection shall be
Municode
(3) (a)
deposited into a separate account, and shall be expended by the Ethics
Commission for Ethics Courses and related costs. The requirements of this
subsection relating to the Ethics Course shall not be applicable to any
municipal lobbyist in Miami-Dade County unless said municipality has
adopted an ordinance providing for ethics training of lobbyists, and has
entered into an interlocal agreement with the County authorizing the Ethics
Commission to provide the Ethics Course provided for in this subsection. The
Executive Director of the Ethics Commission may waive the Ethics Course
requirement for a particular lobbyist when he or she determines that the
lobbyist has taken an initial or refresher Ethics Course offered by a
municipality which satisfies the requirements of this subsection.
Any public officer, employee or appointee who only appears in his or her
official capacity shall not be required to register as a lobbyist.
(b) Any person who only appears in his or her individual capacity for the purpose
of self-representation without compensation or reimbursement, whether
direct, indirect or contingent, to express support of or opposition to any item,
shall not be required to register as a lobbyist. A principal of any corporation,
partnership or other entity who appears as a lobbyist on behalf of that entity,
without special compensation or reimbursement for the appearance, whether
direct, indirect or contingent, to express support of or opposition to any item,
shall register with the Clerk as required by this subsection, but shall not be
required to pay any registration fees.
(4) Any person who only appears as a representative of a not-for-profit corporation or
entity (such as a charitable organization, or a trade association or trade union),
without special compensation or reimbursement for the appearance, whether direct,
indirect or contingent, to express support of or opposition to any item, shall register
with the Clerk as required by this subsection, but, upon request, shall not be required
to pay any registration fees. Any principal who only appears as a representative of a
certified Micro Enterprise, as defined in Section 2-8.1.1.1.1 of the Code, as a
representative of a certified Level I Community Small Business Enterprise, as
defined in Section 10-33.02 or as a representative of a certified Tier 1 Community
Business Enterprise, as defined in Section 2-10.4.01, without special compensation
or reimbursement for the appearance, whether direct, indirect or contingent, to
express support of or opposition to any item, shall register with the Clerk as required
by this subsection, but, upon request, shall not be required to pay any registration
fees.
(5) Any person who appears as a representative for an individual or firm for an oral
presentation before a county certification, evaluation, selection, technical review or
similar committee, shall list on an affidavit provided by the County, all individuals who
may make a presentation. The affidavit shall be filed by staff with the Clerk's office at
the time the proposal is submitted. For the purpose of this subsection only, the listed
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members of the presentation team shall not be required to pay any registration fees.
No person shall appear before any committee on behalf of an individual or firm
unless he or she has been listed as part of the firm's presentation team pursuant to
this paragraph or unless he or she is registered with the Clerk's office and has paid
all applicable fees.
(6) (a) On July 1 of each year, the lobbyist shall submit to the Clerk of the Board of
County Commissioners a signed statement under oath, as provided herein,
listing all lobbying expenditures in excess of twenty-five dollars ($25.00) for
the preceding calendar year. A statement shall not be filed if there have been
no expenditures during the reporting period. The statement shall list in detail
each expenditure by category, including food and beverage, entertainment,
research, communication, media advertising, publications, travel, lodging and
special events.
(b) The Clerk of the Board of County Commissioners shall notify any lobbyist
who fails to timely file an expenditure report. In addition to any other penalties
which may be imposed as provided in subsection (s)(9), a fine of fifty dollars
($50.00) per day shall be assessed for reports filed after the due date. Where
a fine of fifty dollars ($50.00) per day is assessed, the Ethics Commission
shall not impose a fine as provided in subsection (z). Any lobbyist who fails to
file the required expenditure report by September 1 shall be automatically
suspended from lobbying until all fines are paid unless the fine has been
appealed to the Ethics Commission.
(c) The Clerk of the Board of County Commissioners shall notify the Commission
on Ethics and Public Trust of the failure of a lobbyist or principal to file a
report and/or pay the assessed fines after notification.
(d) A lobbyist or principal may appeal a fine and may request a hearing before
the Commission on Ethics and Public Trust. A request for a hearing on the
fine must be filed with the Commission on Ethics and Public Trust within
fifteen (15) calendar days of receipt of the notification of the failure to file the
required disclosure form. The Commission on Ethics and Public Trust shall
have the authority to waive the fine, in whole or part, based on good cause
shown. The Commission on Ethics and Public Trust shall have the authority
to adopt rules of procedure regarding appeals from the Clerk of the Board of
County Commissioners.
(7) No person may, in whole or in part, pay, give or agree to pay or give a contingency
fee to another person. No person may, in whole or in part. receive or agree to receive
a contingency fee. As used herein, "contingency fee" means a fee, bonus,
commission, or nonmonetary benefit as compensation which is dependent on or in
any way contingent on the passage, defeat, or modification of: (1) an ordinance,
resolution, action or decision of the County Commission; (2) any action, decision or
recommendation of the County Manager or any County board or committee; or (3)
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any action, decision or recommendation of County personnel during the time period
of the entire decision-making process regarding such action, decision or
recommendation which foreseeably will be heard or reviewed by the County
Commission, or a County board or committee.
(8) The Clerk shall publish logs on a quarterly and an annual basis reflecting the lobbyist
registrations which have been filed in accordance with this subsection (s). All logs
required by this ordinance shall be prepared in a manner substantially similar to the
logs prepared for the Florida Legislature pursuant to Section 11.045, Florida
Statutes.
(9) The Ethics Commission shall investigate any person engaged in lobbying activities
who may be in violation of this subsection (s). In the event that a violation is found to
have been committed the Ethics Commission may, in addition to the penalties set
forth in subsection (z), prohibit such person from lobbying before the County
Commission or any committee, board or personnel of the County as provided herein.
Every lobbyist who is found to be in violation of this section shall be prohibited from
registering as a lobbyist or lobbying in accordance with the following schedule:
1st violation for a period of 90 days from the date of determination of
violation;
2nd violation for a period of one (1) year from the date of determination of
violation;
3rd violation for a period of five (5) years from the date of determination of
violation;
A bidder or proposer shall be subject to the debarment provisions of Section 10-38 of
the Code of Miami-Dade County as if the bidder or proposer were a contractor where
the bidder or proposer has violated this section, either directly or indirectly or any
combination thereof, on three (3) or more occasions. As used herein, a "direct
violation" shall mean a violation committed by the bidder or proposer and an "indirect
violation" shall mean a violation committed by a lobbyist representing said bidder or
proposer. A contract entered into in violation of this section shall also render the
contract voidable. The County Manager shall include the provisions of this
subsection in all County bid documents, RFP, RFQ, CBO and CDBG applications;
provided, however, the failure to do so shall not render any contract entered into as
the result of such failure illegal per se.
(10) All members of the County Commission, and all County personnel, shall be diligent
to ascertain whether persons required to register pursuant to this subsection have
been complied. Commissioners or County personnel may not knowingly permit a
person who is not registered pursuant to this subsection to lobby the Commissioner,
or the relevant committee, board or County personnel.
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(11) Except as otherwise provided in subsection (s)(9), the validity of any action or
determination of the Board of County Commissioners or County personnel, board or
committee shall not be affected by the failure of any person to comply with the
provisions of this subsection (s).
-
Team SummaP,
/
Neighborhood
Stakeholders
Convention Center
Stakeholders
Tishman
Hotel
& Realty
Master Developer
1
New Vision for MBCCD
Exhibit "E"
Miami Beach
City Staff &
Administration
0
[J
0
D
Core Team
Tishman Hotel and Realty LP (THR)
Master Developer
THR is a vertically integrated real estate developer, owner
and asset manager. THR's current portfolio includes
approximately 6,100 guest rooms, 560,000sf of meeting
space, 270,00Dsf of retail space and 49 restaurants.
Roles and Responsibilit'1es:
Master developer with primary responsibility for the
development process; equity parmer; debt/equity sourcing;
sole authorization to bind Proposer to this RFQ.
Key Personnel:
John Vickers, Chairman and CEO
David Rothenberg, President
Obaid Khan, CFO
Paul Diamond, Executive Vice President
Primary Contact
Paul Diamond
T 212.708.6781
E diamond@tishman.com
Tishman Hotel and Realty LP
100 Park Avenue
New York, NY 10017
T 212708.6800
sole authorization to bind Proposer to this RFQ
UIA Management, LLC (UIA)
Local Developer
UIA Managemer.t is a leading developer of innovative real
esta!e projects througho•Jt the country. A M1ami Beach-
based firm, the company's portfolio includes the recently
completed and highly acclaimed 1111 Lincoln Road.
Roles and Responsibilities:
Local development and equity
partner, retail spec\alist
Key Personnel:
Robert Wen:1ett, President
Jeffrey Weinstein, Director of Development
Mary Jessica Woodrum, Director of Operations
Primary Contact
Jeffrey Weinstein
T 305.538.9320
E jweinstein@1111 LincolnRoad.com
UIA Management, LLC
1111 Lmcoln Road
::: Suite 760
,l Miami Beach, FL 33139
":. --· -!305 ).538.9320 ··--· .... ----..... --
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OMA*AMOArchitect• · P.C. (OMA)
Master Planner and L ~d Arc!1itect
OMA is a leading international partnership practicing
architecture, urbanism, and cultural analysis. OMA's
buildings and masterpiansaround the world insist on
intelligent forms while inventing new possibilities for
content and everyday use. OMA is led by seven partners
including Rem Koolhaas and S1ohei Shigematsu, Director
of OMA New York. OMA sustains an international practice
with offices in Rotterdam, New York, Beijing, Hong Korg,
and soon Doha.
Roles and Responsibilities:
Master planner, lead design architect
Key Personnel:
Rem Koolhaas, Partner
Shohei Shigematsu, Partner I Director OMA NY
Maria Finders, Director Creative and Cultural Advisory
Jason Long, Associate
Primary Contact
Jason Long
T 212.337.0770
E j ong@oma.com
OMA"AMO Architecture PC.
180 Varick St
Suite 1328
New York, NY 10014
T2123370770
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AECOM
AECOM is a global 1. Aider of pr-ofessional technical Additional Te<i. n
Members· . ____________ fl!lQllJflQ.9gr?J:Osotg.~RRort seryig(;)..§ to a_.P.r9.99 . .rang!'_9L _____ _
Tishman Construction Corporation (TCC)
TCC is a full-service Construction Manager, Owner's
Representative and Project Manager. Originally founded
in 1898, Tishman is responsible for the construction of
more than 500 million square feet of space incorporating
facilities of every size and type·. convention center,
hotel, entertainment, residential, retail, office, medical,
educational, transportation, recreational, and institutionaL
Roles and Responsibilities:
Construction services
Key Personnel:
Given the unknown timing of construction commencement
for this project, it is too soon to identify which construction
services team members will be participating. TCC has a
deep bench of construction personnel to select from and
will compile a team with appropriate experience for each
component of this project at the appropriate t'1me.
Primary Contact
John Livingston
T 212.708.6868
M E livingst@tishman.com
Tishman Construction
100 Park Avenue
New York, NY 10017
T 212.708.6800
The Goldman Sachs Group, Inc.
Goldman Sacr-s' Public Sector and infrastructure Group
has financed more than 100 projects including many
convention centers, hotels, and stadiums.
Roles and Responsibilities
Public finance advisor
Key Personnel
Jeff Scruggs, Managing Director
David Levy, Managing Director
Primary Contact
Jeff Scruggs
T212.902.6517
jeffrey.scruggs@gs.com
Goldman, Sachs & Co.
200 West Street
New York, NY 1 0282
United States
markets, inC:uding transportation, facili:ies, environmental, · .. fi'i·:
energy, water and government. A Fortune 500 company, ~
AECOM had revenue of $8.1 billion during the 12 months
ending December 31, 2011. As of September 30, 2011,
it had $457 million of total cash and cash equivalents and
$1.05 billion in committed bank facilities with $917 million
in unused capacity.
Roles and Responsibilities:
Ability to provide completion guarantees; potential equity
partner; P3; economic advisory; additional design/
engineering advisory.
Key Personnel:
John Livingston, CEO, Construction Services, AECOM;
President, Tishman Construction Corporation
Primary Contact
John Livingston
T212.708.6868
E livingst@tishman.com
AECOM
100 Park Avenue
New York , NY 1 0017
T 1 212 973.2999
Bilzin Sumberg Baena Price & Axelrod LLP
Bilzin Sum!)erg has represented foreign and domestic
owners, developers and investors across South Florida,
the product of wh ch has litera:ly reshaped the skyline
of our community. Bilzin Sumberg's attorneys represent
clients through all aspects of the government regulatory
approval and permitting process, including planning
and zoning applications, development agreements, and
complex environmental and land use permitting. Biizin
Sum berg's attorneys have also served as legal counsel
on various multi-billion dollar public-private painerships,
including rail and transit facilities, eirports, marinas, sports
facilities, convention centers, healthcare/:ife sciences
facilities, water and sewer facilities, parking structures, and
various infrastructure developments.
Roles and Responsibilities:
Legal counsel
Key Personnel:
Carter N. McDowell
Albert E. Dotson, Jr.
Primary Contact:
Albert E. Dotson, Jr.
adotson@bi!zin.com
; 305 350.2411
Bilzin Sum berg Baena Price & Axelrod LLP
1450 Brickell Avenue, 23rd Floor
Miami, Florida 33131-3456
T 305.350.2411
.E
VM Diaz & Partners, LLC
VM Diaz & Partners, LLC is recognized as one of South
Florida's premier boutique law firms. Founding partner,
Victor: fyl. qiaz,_ J_r: is no_t_only a renOWI'J~c:l civii_U\igatgr.
but also is a well-respected civic leader. A summa cum
laude graduate of Duke University and honored graduate
of the Yale Law School, Mr. Diaz has been called upon on
numerous occasions to serve in key civic roles through-out
his distinguished legal career. Mr. Diaz has chaired the
Miami Dade College Foundation Board and the Board of
Directors of Legal Services of Greater Miami, Inc. -lead-
ing both instltutions through the planning stages for major
and successful community-based capital campaigns.
As Chairman of the Miami Dade County Charter Review
Task Force, Mr. Diaz led over 2.0 of our community's most
distinguished civic leaders and politicians in developing a
consensus blue-print for reform of County government. In
the City of Miami Beach, Mr. Diaz' diverse service to this
community includes service on such diverse organizations
as the Miami Beach Chamber of Commerce, the Miami
Design Preservation League, and the Board of Directors
of both the Miami Beach Community Development
Corporation and the North Beach Community
Development Corporation.
Roles and Responsibilities:
Community outreach and partnership; land-use planning
and analysis; communication strategy and messaging
Key Personnel:
Victor M. Diaz. Jr.
Primary Contact:
Victor M. Diaz, Jr.
T 305.704.3200
E Victor@d1azpartners.com
VM Diaz & Partners, LLC
119 Washington Avenue, Suite 402
Miami Beach, FL 33139
tvs design
tvs design has designed spaces for over four decades.
Over 240,000,000 people direct:y experience tvsdesign
environments each year. The firm creates architecture
that not only sets the standard for excellence in des·lgn.
but also serves as an engine for economic growth and
development. With a staff 160+, the firm has completed
projects in convention centers, hospitality, cultural arts
education, interiors, government, mixed use, commercial
and corporate office, public assembly, residential,
restaurant, retail, sports venues and workplace.
Roles and Responsibilities:
Convention center and hotel technical architect
Key Personnel:
F" R. scott Sickelet, Principal
T 404.946.6664
E kstockdell@tvsdesign.com
tvs d_esign
2700 Promenade Two
1230 Peachtree St NE
Atlanta, GA 30309
T 404.946.6664
MVVA
MWA is a landscape architecture firm that creates
environmentally sustainable and experientially rich places
across a wide range of landscape scales, from city to
campus to garden. MWA has extensive experience in
creatively leveraging opportunities that arise throughout
the design process. The office starts each project with a
creative and positive approach to the challenges of each
site and the limits of each new assignment.
Roles and Responsibilities:
Landscape design architect
Key Personnel:
Michael van Valkenburgh, President and CEO
Matthew Urbanski, Principal
Primary Contact:
Michael van Va/kenburgh
T 718.243.2044
E Michael@mvvainc.com
Michael VanValkenburgh Associates, PC.
16 Court S tree\, 11th Floor
Brooklyn, NY 11241
T 718.243.2044
Raymond Jungles, Inc.
Raymond Jungles is recognized as a dynamic, creative,
award-winning landscaoe architecture firm, practicing
landscape architecture from its studio en the banks of the
Miami River in cowntown Miami, Florida. The firm has
maintained a South Florida and an international presence
in the exclusive practice of landscape architecture since
1982, undertaking a variety of award-winning projects in
the intervening thirty years.
Roles and Rasponsibilities:
Local landscape architect
Key Personnel:
Raymond Jungles, FASLA Principal in Charge
Paul Weinberg, RL.A, ASLA, Chief Operating Officer
Primary Contact
Paul Weinberg
T 305.858.6777
E paul@raymondjungles com
-· -· ---'-~ -
~---~e~-~~~9-~!~._~r:~_:;_s~ciate_Princir_;:~ ____ . ___ . ---·····. ----~~Y._mon~J.._~~~j_11c.
242 SW 5th Street
Primary Contact: Miami. FL 33130
Ken Stockdell T 305.858.6777