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Res No 035-10-13069RESOLUTION NO. 35-10-13069 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CARDENAS PARTNERS, LLC, A GOVERNMENT CONSULTING FIRM FOR THE PURPOSE OF PROVIDING LEGISLATIVE SERVICES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami has for many years been represented by Gomez Barker and Associates in Tallahassee regarding State of Florida issues; and WHEREAS, similar representation is in order for federal grant and other efforts, and WHEREAS, the firm of Cardenas Partners LLC has demonstrated strong credentials necessary to achieve increases in grants on behalf of the City of South Miami. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City Commission authorizes the City Manager to enter into an engagement letter with the Cardenas Partners, LLC, a government consulting firm, for the purpose of providing federal legislative services in an amount not to exceed $4,100.00. Section 2. Funds for these services will be disbursed from the account No. 001- 1315 -513 -3450 Intergovernmental Affairs Contractual Services, with a current balance of $60,000.00. Section 5. This resolution shall take effect immediately. PASSED AND ADOPTED this 2 "d day of Februarv, 2010. ATTEST: / APPROVED: d C CLERK MA MA OR READ APPROVED AS TO FORM AND F ICIENCY: CITY ATTORNEY COMMISSION V01f-: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea Commissioner Sellars: Yea Additions shown by underlinine and deletions shown by e er s. South Miami p®- AmeHCaGny CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the ' Co fission From: Roger M. Carlton, Acting City Manager Date: February 2, 2010 Agenda Item No.: Subject: Agreement with Cardenas Partners LLC to provide Federal Legislative Representation. Request: To authorize Acting City Manager to execute an Engagement Letter with Cardenas Partners LLC for Federal Legislative representation. Reason/Need: For many years the City of South Miami has been well represented in Tallahassee by Gomez Barker & Associates. The evidence of success is clear; the City has received may grants and has been well received by regulatory agencies. The firm has been able to impact on legislation critical to our interest. During the past 90 days it has become clear to me that, we have great potential to receive more Federal funding if we focus our efforts and have a liaison in Washington, DC. This concept was introduced in the Acting City Manager's Report presented on November 17, 2009 and the City Commission was supportive. While I would normally prefer a competitive process to select the firm to represent this City, the timing is such that we will miss the Fiscal Year 2010 -2011 Budget Cycle if we do not begin immediately (see attached report from Cardenas Partners LLC). The Village of Palmetto Bay recently retained Cardenas Partners LLC for federal representation with a fee of $4,100 per month. Based on the previous selection by the Village of Palmetto Bay, it is recommended that we retain the same firm for one year. Should the City Commission approve this recommendation, monthly reports will be provided regarding the progress made to obtain grants and achieve other goals critical to our long term success. It should be clear that analysis of the State of the Union speech by President Omaba on January 27, 2010 leads to the conclusion that there will be a second round of stimulus programs mostly related to job creation. We need to be ready to maximize these funds by having federal representation in Washington, DC. The second attachment to this Memo is an Engagement Letter with the firm. Cost: $4,100 per month Funding Source: 001 -1315 - 513 -3450 intergovernmental Affairs Contractual Services (Note, if approved a budget amendment will be necessary to fully fund the account). Backup Documentation: ❑ Proposed Resolution ❑ Report from Cardenas Partners LLC ❑ Engagement Letter if701 13Tu STRELT GARDENAS ° PARTNERSLLC SUITE 950 MIAMI > TALLAHASSEE ^ WASHINGTON DC WASHINGTON, DG 20005 T 202.904.2050 F 202.904.2051 WWW.CARDENASPARTNERSDO.COM City of South Miand Cardenas Partners LLC's strategy is simple — our team will aggressively seek funding from all available federal sources including appropriations project funding, authorizations and competitive grant programs. Additionally, we will monitor federal legislation, advise the City of South Miami on any information that could impact the City, and work in conjunction with the appropriate City officials to determine what action should be taken, if any. A key consideration of the City of South Miami agenda will be the implementation of the plan that the City and its federal legislative team jointly develop. Cardenas Partners LLC is well - qualified to develop and implement a federal affairs plan in coordination with the City of South Miami and then communicate and advocate on behalf of the City before the Administration, federal agencies and in the U.S. Senate and House of Representatives. To meet targeted goals for the City of South Miami, our Group would recommend a five -step process for developing and implementing a comprehensive federal affairs agenda. The strategy includes monitoring relevant legislation and regulations, obtaining targeted federal appropriations for the City of South Miami, and enhancing the City's working relationships with both Congress and the Executive Branch agencies that will administer the funding, legislation, and policies which could impact the City of South Miami. Step On Analysis of Program & Project Priorities of the City of South Miami Timeline: January The first critical step in providing effective Washington, D.C. representation is to conduct a detailed, comprehensive analysis of the priorities of the City of South Miami. Although Cardenas Partners LLC is familiar with many of the City's issues, Cardenas Partners LLC needs to assess the City's latest priorities, objectives and goals as soon as possible to ensure the best plan is implemented. These discussions will be followed by an overlay of the priorities against program, grant, funding and other opportunities within Congress and the Executive Branch agencies, and the political climate within which such priorities might be pursued in the 111th Congress and beyond. The intended result would be a consensus package of legislative initiatives, project funding priorities and other opportunities to be pursued in Washington. Step TWO Development of Legislative Agenda/Opportunities for the City of South Miami Timeline: January — February Following the analysis phase discussed under Step One, we would work with officials of the City of South Miami to examine which of the program priorities outlined during the site visits should be packaged for presentation to the Members of the Florida Congressional Delegation, as well as if701 13TH STREET CARDENAS a PARTNERS LLC SUITE 950 MIAMI ^ TALLAHASSEE > WASHINGTON DC WASHINGTON, DC 20005 T 202.904.2050 F 202.904.2051 W W W.CARDENASMTNE• RSDC.COM other key Members of Congress, including chairmen of committees with appropriate jurisdiction over the City's priority programs such as the Committee on Appropriations. Step Two is particularly important to alert legislators and allies of the City's top priorities for the upcoming year and to develop a successful strategy with them. Cardenas Partners LLC would work closely with the City of South Miami staff to develop a federal program "strategy document" that would be used as an action plan for Congressional and Executive Branch advocacy efforts. More specifically, this blueprint for the City 's project priorities would serve as an action document for the Florida Congressional Delegation to aid them in vigorously pursuing the needs of the City of South Miami as a top initiative in their funding and legislative priorities. hi addition, once the legislative priorities for the City of South Miami have been formulated and are ready for presentation, we would recommend that representatives of the City of South Miami travel to Washington, D.C. to formally present the City's legislative agenda by participating in meetings with Members of Congress and appropriate agency officials. Cardenas Partners LLC will develop an agenda and strategy with the City for the fly -ins. Meetings such as these help to solidify the City of South Miami goals in the minds of those in Washington and to ensure that the City's needs are well -known and understood. Having developed a consensus around a common plan and goals in Step One, we will be able to provide thorough and concise information to those who can address the City's needs. This important phase of our proposed strategy will address many of the City of South Miami goals, including securing federal funding and providing notice of grant opportunities for priority activities. The initial two steps in our proposed strategy also provide a concrete plan for how our Group would enhance and maintain our current knowledge of the City and its programs, projects and activities. Step Three: Budget Analysis and Marketing the City of South Miami Agenda Timeline: February — July Cardenas Partners LLC' first task during this key step of the strategy would be to provide a detailed analysis and overview of the fiscal year federal budget. This analysis will be carried out in conjunction with the priorities and program recommendations established during the Legislative and Executive Branch agenda preparation period described in Step Two. Furthermore, by conducting this analysis after the submission of the President's Budget Request (PBR), the City will have the opportunity to review its legislative priorities in the context of the President's budget recommendations to Congress. Should Cardenas Partners LLC find that the President is proposing new programs of special interest to the City that could trigger a change in its priorities, or if an existing program is targeted for substantial reductions, Cardenas Partners LLC would bring these facts to the immediate attention of the City of South Miami so that CAR,U l: NAS ° PARTN E RS UC SU701 ISTU ITE 950 STREET MIAMI ^ TALLAHASSEE • WASHINGTON DC WASHINGTON, DC 20005 T 202.904.2050 F 202.904.2051 WWW.CARDENASPARTNERSDC.COM judgments could be made regarding the City's final package to be presented in Washington. This is a critically important step in the overall process of matching the City of South Miami priorities with Presidential budget resource recommendations and emphases, and requires individuals with extensive experience working with federal budget documents and text. Once the Legislative and Executive Branch agendas of the City of South Miami have been finalized, prepared and presented in Washington, a period of intensive Washington advocacy will take place, with Cardenas Partners LLC taking the lead to carry out this pivotal component of the strategy in consultation with the City. It is during this period that Congress is conducting hearings, introducing legislation, producing General Accounting Office and other studies or reports, and marking up authorization and appropriations measures for the upcoming fiscal year. Step Four: ,Reports and Communications between Cardenas Partners LLC and the City of South Miami Timeline: Throughout the entire year As our Group does with many of our current clients, we propose regular communications with the City regarding the status of legislation and other matters in Washington, Specifically, Cardenas Partners LLC recommends the establishment of a scheduled conference call between the Group and representatives of the City of South Miami. However, rest assured that in addition to the scheduled communications, you will have access to your team on an as- needed basis and will find us easily reachable. This level of reporting by Cardenas Partners LLC is an important way for the client to remain current on the legislative landscape in Washington, D.C. on a regular basis. Step Five: Washington Wrap -Up Timeline: September— November Most normal sessions of Congress adjourn in the September - October time frame each year, as the old fiscal year and the new fiscal year converge on October I". As the session of Congress draws to a close, we recommend that selected representatives of the City of South Miami return to Washington to meet with the Members of the Florida Congressional Delegation and other key Members of Congress to follow up on the status of the City's plans and program priorities, and, most importantly, to thank them for their efforts on behalf of the City. This series of meetings is a vital link with the Members of Congress who represent the City of South Miami in Washington and is a fundamental component of the Group's strategy for our clients. Once Congress adjourns, the process beginning with Step One commences again in preparation for the next 701 13TH STREET CiARDENAS ^ PARTNERS LLa SUITE 450 MIAMI - TALLAHASSEE • WASHINGTON DC T 202. 04.20 DC 2P005 T 202.404.2050 F 202.904.2051 WWW. CARDENASPARTNERSDC.COM Congressional session and another year of effort to advance ongoing initiatives as well as pursue new Legislative and Executive Branch opportunities with relevant federal agencies. Finally, and perhaps most importantly, it is of critical importance for the City of South Miami to communicate with the single most valuable resource available to it - the Members of the Florida Congressional Delegation, During the Congressional off -season and during Congressional work periods or "recesses," we recommend that the City of South Miami invite Members of its Congressional delegation, agency officials, and key staff to travel to meet with the City's officials down in Florida and become familiar with the projects. Cardenas Partners LLC would assist the City in organizing these visits. Again, this type of activity is an effective way to further educate Members of Congress, agency officials and their staffs about the priorities of the City, and it is an effective way to enhance the City of South Miami presence and impact in Washington. Timing to Complete the Work Cardenas Partners LLC proposes to complete a draft comprehensive review and analysis of Administrative and Legislative priorities of the City within thirty (30) days after award of a contract. Our Group would also propose to meet with and work closely with the City throughout the process to outline and discuss key issues facing the City. After completion of a draft report, Cardenas Partners LLC would meet with City officials to discuss its findings. Meet with City City Comments on Draft - Officials and Staff Firm Finalizes Report I Implementation Report Implementation Contract Deliver Draft Deliver Final alld Award Initial Report Flan Cardenas Partners LLC very much embraces the "team approach" to providing services to our clients. Our Group is extremely proud of the various personalities that make up a highly energetic and dedicated chemistry for the Group. While Cardenas Partners LLC generally offers clients all of our resources and personalities available, as previously stated, Colin Mueller will be the key contact for the City on this contract. He will coordinate all activities of the contract team to ensure smooth and timely communications, distribution of information and effective completion of all services to be provided under the agreement. Also, all members of the team will be available to the City on a 24 -hour basis. Most importantly, the Advocacy and Government Affairs Team is willing to work in a manner and structure that is agreeable to the City and the Group and one that is most effective for the City 's needs. e MIAMI • TALLAHASSEE ^ WASHINGTON DO January 27, 2010 Mr. Roger M. Carlton Acting City Manager Pity of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Carlton: 701 13TSa STREET SUITE 950 WASHINGTON, DC 20005 T 202.904.2050 F 202.904.2051 wW W.CARDENASPARTNERSDC.COM This letter confirms the terms upon which Cardenas Partners, LLC (the "Firm ") will represent and provide assistance to the City of South Miami (the "Client"). Signature of this letter would confirm the terms of the retention of the Firm by the City of South Miami. (the "Client "), effective immediately upon signature. The scope of this retention will include setting up meetings with Congressional and Administration Officials, preparing materials for the Client for such meetings and monitoring Legislative and Executive Branch activities which may affect the Client's interests. The Firm's services may include communicating the particulars of the Client's interests to the Government of the United States through official channels. In addition, the Firm will research and make recommendations regarding Congressional and Federal actions that may impact the Client's business in preparation for official meetings. The Client understands that, although partners and professionals of the Firm have developed positive professional relationships with government officials, there can be no guarantee that the decisions of any government agency will be favorable to the Client. The Client further acknowledges that the Firm or its partners cannot exert any undue or improper influence over any government agency or official. Furthermore, there will be strict compliance with all federal and applicable laws and regulations in assisting the Client. City of South Miami January, 2009 Page Two In the event the Client chooses to make any political contributions, the Client acknowledges that those contributions are not connected to the firm's legal representation of the Client and that the Firm or its partners have not made any representation that such contribution will affect the outcome of any governmental decision or proceeding in which the Firm represents the Client. In consideration for the Firm representing the Client and rendering the services described herein, the Client has agreed to pay the Firm a fee of $50,000 per year, ($4,166 per month), effective upon signature and subject to renegotiation and extension by ,mutual consent. The first payment of $4,166 is.payable upon March 1, 2010. Thereafter, the Firm's fee will be billed to the Client on the first of each month. Payment in full of the Firm's statement for services is due within thirty days after the statement is received by the Client. The Client further agrees to pay all expenses, including all out -of- pocket disbursements and expenses incurred by the Firm in its representation of the Client, which may include courier services, travel and related expenses. Any expense in excess of $500 must be approved in advance by the Client. This retainer agreement can be terminated at any time, after the initial ninety days, by either party subject to written notice. Because the Firm is of a substantial size and has more than one office, the Firm may be asked to represent someone whose interests may be adverse to the Client's interests. The Firm is accepting this engagement on the understanding that our representation of the Client will not preclude the Firm from accepting any other engagement from any existing or new client. The Client consents to the Firm representing another client if such representation is adverse to the interests of the Client provided that (i) the representation will not adversely affect the Firm's responsibilities to and relationship with the Client, and the other client, (ii) such engagement is not substantially related to the subject matter of any services we are providing to the Client, and (iii) in accepting such other engagement we would not impair the confidentiality of proprietary, sensitive or otherwise confidential communications the Client has made to us. . The Client agrees and understands that this agreement represents the entire agreement between the Client and the Firm with regard to the Firm's representation of the Client. If the Client desires to retain the Firm for representation in matters other than those described above, the Firm and the Client must reach an additional agreement regarding such new representation. The Firm and Client will agree in advance in any revisions to the flat fee based upon a material change to the scope of work contemplated between the parties. City of South Miami January 20, 2010 Page Three . The Firm may wish to contract with a third party to enlist support for services of additional professionals to help pursue the Client's Federal agenda. Any such arrangements will be made with the full consent of the Client, in advance. Any fees associated with the retention of additional personnel, outside of the Firm structure, will be the responsibility of the Firm unless a new fee structure is agreed to in advance by both parties based on mutual consent and understanding. Kindly indicate acceptance by City of South Florida of the foregoing agreement for employment of the Firm by signing and dating the enclosed copy of this letter where indicated below and returning the signed and dated copy of this letter to my attention at the following address: Cardenas Partners, LLC, 701 130' Street, NW, Ste 950, Washington, DC 20005. Sincerely, Carl D. Chidlow, Partner AGREE TO this day of. 2010 0 Sign & Rei