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HomeMy WebLinkAboutReso 2010-1515 RESOLUTION NO. 2010-.-1S.lS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GREENBERG TRAURIG, LLP TO PROVIDE LEGISLATIVE AND LOBBYING SERVICES, IN THE AMOUNT OF SIX THOUSAND FIVE HUNDRED DOLLARS ($6,500.00) PER MONTH, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is in need of a lobbyist to provide legislative and lobbying services before Congress and federal agencies; and WHEREAS, Greenberg Traurig, LLP is qualified and willing to undertake legislative and lobbying services necessary and appropriate in representing the City before Congress and federal agencies; and WHEREAS, the City wishes to enter into an agreement with Greenberg Traurig, LLP to provide legislative and lobbying services for the City in an amount of Six Thousand Five Hundred Dollars ($6,500.00) per month plus any approved expenses, with a maximum cap of Seven Thousand Five Hundred Dollars ($7,500.00) per year, starting on the date of execution of the Agreement, attached hereto as Exhibit "A"; and WHEREAS, Greenberg Traurig, LLP will provide the City with a report summarizing their lobbying efforts on behalf of the City on a quarterly basis. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorizing the City Manager. The City Manager is hereby authorized to enter into an agreement with Greenberg Traurig, LLP to provide legislative and lobbying services for the City in an amount of Six Thousand Five Hundred Dollars ($6,500.00) per month plus any approved expenses, with a maximum cap of Seven Thousand Five Hundred Dollars ($7,500.00) per year, attached hereto as Exhibit "A". Section 2. Authorization of the City Manager and City Attorney. The City Manager and the City Attorney is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 21st day of January 2010. Authorizing the City Manager and City Attorney to enter into Agreement With Greenberg Traurig, LLP Page I of2 ATTEST: " :cl~'A~ Jane A. Hines, CMC, City Clerk ( , / . :'I'Jo ..' ,,- APPROVED AS TO FORM AND L S FFICIENCY: Moved by: Q~~~2.I~ (l~~~~ Seconded by: Vote: t;-D Mayor Edelcup Vice Mayor Thaler Commissioner Goodman Commissioner Brezin Commissioner Scholl \./ (Yes) ~(Yes) ~(Y es) ~(Yes) ~(Yes) _(No) _(No) _(No) _(No) _(No) Authorizing the City Manager and City Attorney to enter into Agreement With Greenberg Traurig, LLP Page 2 of2 Greenberg Traurig Diane Blagman 202-331-3121 blagmand@gtJaw.com January 15,2010 Mr. Rick Conner City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Re: Federal Lobbying Services I Retainer Agreement Dear Mr. Conner: We greatly appreciate the City of Sunny Isles Beach's decision to retain Greenberg Traurig LLP in connection with the City's 2010 federal legislative priorities and initiatives. We are confident that we will be able to assist you with your immediate and long term needs. Based on our conversation, we understand that you would like us to represent you before Congress relative to your federal legislative representation. Specifically, you are asking us to obtain federal funding for various purposes from available federal sources, and, in particular, for parks and recreation purposes, crime prevention, economic development, tourism, beautification, traffic and infrastructure improvements, beach renourishment, and other general governmental purposes. A report summarizing our lobbying efforts on behalf of the City will be provided to you on a quarterly basis. As part of our routine in opening new matters, we provide an engagement letter to our clients setting forth our understanding of the services we will be expected to perform, and the basis for our compensation. As we have agreed, Greenberg Traurig, ("the Firm"), will undertake legislative and lobbying services necessary and appropriate in representing the City with respect to Federal government decision makers, both in Congress and in the Executive Branch, regarding matters relating to obtaining federal funding. In performing these services, we will look to the direction of you and other designated representatives. In compensation for performing these functions, the Firm will be paid $6500 per month plus any approved expenses, with a maximum cap of $7,500 for expenses per year, starting on the date of your execution of this agreement until the date that the City terminates this contract in the manner provided for herein. The City shall have the right to MIA 181.o17,364v11-12-10 Greenberg Traurig, P.A. Attorneys at Law 11221 BrickellAvenue I Miami, FL 33131 1 Tel 305.579.0500 I Fax 305.579.0717 I www,gtlaw.com Exhibit "A" terminate this contract upon thirty (30) days notice, in writing, to the Firm provided that payment has been received for all services rendered up to the date of delivery of the notice. In the event that your account should become more than sixty (60) days past due, we reserve the right, in our sole discretion consistent with the rules of professional conduct, to cease doing any work on any matter we are working on related to this project until past due amounts have been paid. I will personally be in charge of the firm's role, and will assure that all necessary tasks are undertaken and completed. As you may know, I am not an attorney but our team will be comprised of attorneys and non attorneys. We anticipate that several of our attorneys and government affairs professionals will be involved in this representation. We will assign the personnel to ensure that the representation is carried out in the most effective manner. The representation may entail some work that is considered lobbying under the federal lobbying disclosure law. Given the terms set forth above, we anticipate that the Firm will be required to register and report our activities on your organization's behalf under the Lobbying Disclosure Act of 1995. In turn, you agree to provide such information as may be required to assist us in making such filings. If you have any questions regarding the circumstances relating to compliance with the Lobbying Disclosure Act, please do not hesitate to call. The representation will not require Greenberg Traurig to provide any services beyond the scope of the lobbying set forth above. In the event that any legal services are required, we will require execution of a separate retention agreement. The firm has conducted a review in order to assure that no conflict of interest exists between our representation of the City and any representations of any of our clients. We do not currently, and would not in the future, represent another client in connection with any of the specific matters in which we were representing you, if that other client's interest in those matters was adverse to yours. Existing or new clients may in the future seek our services in connection with matters which are not substantially related to our work for you. In some instances, the interests of those clients may be adverse to yours. It must be clearly understood that our firm cannot undertake to represent your organization without assurance that your organization will not seek, on the basis of this representation, to disqualify us from representing other clients in any matter that is not substantially related to our work for you. We recognize that your prospective consent to conflicting representation contained in the preceding sentence shall not apply in any instance where as the result of our representation of you we have obtained sensitive proprietary or otherwise confidential information that, if known to any other client of ours, could be used in another such matter by that client to your material disadvantage. MIA 181,017,364v11-12-10 GREENBERG TRAURIG, P.A. . ATTORNEYS AT LAW . WWW.GTLAW.COM Both we and you must be continually alert to the development of any conflicts. Please contact us immediately if you become aware of a conflict or potential conflict, or take actions that would make a fresh conflict check prudent. We believe that the above provisions and the attachment hereto outline in reasonable detail our agreement as to this representation. If you find these arrangements satisfactory, please sign this letter and reVim it to me, keeping a copy for your files. Our representation will conform to the terms of this agreement. We sincerely appreciate the opportunity to represent the City of Sunny Isles Beach and we look forward to a successful relationship. V~~rulY. YOlO} l 7WV4'~~~ lot^- Diane Blagman ~r Senior Director of Government Affairs ACCEPTED AND AGREED TO: BY: Mr. Rick Conner, City Manager MIA 181,017,364v11-12-10 GREENBERG TRAURJG. P.A. . ATTORNEYS AT LAW . WWW.GTLAW.COM " - City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Ede1cup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, CommisJioner Gerry Goodman, Commissioner George "Bud" SchoU, Commirsioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax Rick Conner, Acting Ci(y Manager Hans Ottinot, Ci(y Allomey Jane A. Hines, Ci(y Clerk MEMORANDUM TO: The Honorable City Commission FROM: Rick Conner, City Manager DATE: January 21, 2010 RE: Authorizing the City Manager to Enter into an Agreement with Greenberg Traurig, LLP for legislative and Lobbying Services RECOMMENDATION: It is recommended that the attached Resolution be approved. REASONS: The City is expanding its legislative and lobbying efforts in order to obtain increased federal stimulus funding. By hiring the Law firm of Greenberg Traurig, LLP, the City will be able to facilitate this process. / Attachment R~ Agenda Item 1 ()~ Date 1-'2.\ - I D