Attachment_A_Scope_of_Services.pdf

Attachment A

Scope of Services TPO Federal Legislative Services

1. General

The TPO requires Federal legislative advocacy services. The Selected Proposer shall represent the TPO’s legislative policy interests and assist in the development and implementation of strategies for advancing actions at the state and local levels that are beneficial to the TPO and its programs, including carrying out the vision in the Strategic Miami Area Rapid Transit (SMART) Program, and other transportation priorities. The SMART Program includes six (6) rapid transit corridors and a network of Bus Express Rapid Transit (BERT) corridors throughout Miami-Dade County.

The Selected Proposer shall provide required staff, resources, and expertise to successfully perform the services described herein. The Selected Proposer shall provide a written monthly status report on pending legislation, budgetary issues, administrative policies, and other developments at the state and/or local levels, as applicable, that are of interest to the TPO, as well as provide legislative updates and presentations to the TPO Governing Board and/or staff as needed. In addition, the Selected Proposer shall provide an annual summary to be completed by June 1 of each year detailing developments on significant issues and actions taken to address TPO priorities and the issues that are likely to emerge in the coming year.

2. Assignment of Work

The Selected Proposer will receive issue and project assignments based on the TPO’s annual legislative agenda. The TPO reserves the right to request that the Selected Proposer obtain services through a Subcontractor to supplement the expertise and resources which may be required at any given time and for the purposes of carrying out the intent of the requirements herein.

3. Lobbying Ordinances and Resolution Requirements

The Selected Proposer shall abide by and be governed by Miami-Dade County Ordinances and Resolutions, which may be amended from time to time, which may have a bearing on the services, including but not limited to:

• Section 2-11.1 of the Code of Miami-Dade County (Ordinance 72-82, Conflict of Interest Ordinance)

• Section 2-11.1.2 of the Code of Miami-Dade County (Ordinance No. 00-64, Ordinance Relating to County's Lobbyists)

4. Opposition to a Position of the TPO/Request for Conflict Waiver

Consistent with Sections 2-11.1 and 2-11.1.2 of the Code of Miami-Dade County and Resolution No. R-1236-99, a person or entity, whether an individual, firm, partnership or corporation, which receives compensation either directly or indirectly from the TPO for lobbying on behalf of the TPO shall not represent any entity in any forum to support a position in opposition to a position of the TPO unless the TPO Governing Board grants a specific waiver for a specific lobbying activity. The failure to comply with this provision shall result in either or both of the following: (i) the Selected Proposer's contract being voidable by the TPO or (ii) a prohibition, for a period of up to three years, as determined by the TPO Governing Board in its sole discretion, on the Selected Proposer entering into a lobbying contract with the

TPO.

The Selected Proposer, on behalf of itself and any and all employees, partners, and subcontractors, shall have an affirmative obligation to notify the TPO Executive Director in writing of each and every party the Selected Proposer and/or its employees, partners, or subcontractors wishes to represent before the Governor’s Office, the Florida Legislature, or any State agency, as well as the nature of the proposed representation. This obligation shall apply whether such party or interest is adverse to the TPO or not. Such notification must include all parties the Selected Proposer, its employees, partners, or subcontractors wishes to represent.

Separate and independent from the above-referenced obligation, the Selected Proposer, on behalf of itself and any and all employees, partners, and subcontractors, must advise the TPO Executive Director in writing of any position in opposition to a position of the TPO taken by the Selected Proposer, any employee, partner, or subcontractor and request a waiver of such conflict by the TPO Governing Board or designee. A position in opposition to a position of the TPO may take the form of an adverse policy position or fiscal impact on the TPO, either direct or indirect. A position in opposition to a position of the TPO is not limited to a position that conflicts with an express provision of the legislative package adopted by the TPO Governing Board. It may also arise in other areas. Not every TPO interest can be anticipated or enumerated in the TPO legislative package, and issues arise and change over the course of the legislative process. It is incumbent on the Selected Proposer, employees, partners, and subcontractors to remain mindful of the TPO's policy and fiscal interests and positions vis-a-vis other clients. If an actual or perceived conflict arises, the Selected Proposer(s) and/or subcontractor must advise the TPO Executive Director immediately in writing and seek a waiver of the conflict by the TPO Governing Board, as appropriate.

Once a conflict waiver request has been received by the TPO, the TPO Executive Director reserves the right to determine whether the Selected Proposer and/or employee, partner, or subcontractor may continue representing the TPO and the other interest until the TPO Governing Board can consider the conflict issue. The TPO Governing Board may take, in its sole discretion, any action regarding a waiver request, including but not limited to the following: (i) grant a waiver and allow the Selected Proposer, and/or employee, partner, or subcontractor to continue to represent both the TPO and the other party; (ii) refuse to grant a waiver and require the Selected Proposer, and/or employee, partner, or subcontractor to choose between representing the TPO or the other party, or to discontinue representing the other party; (iii) refuse to grant a waiver and void its contract with the Selected Proposer and/or employee, partner, or subcontractor; or (iv) grant a limited waiver and allow the Selected Proposer and/or employee, partner, or subcontractor to continue to represent both the TPO and the other party under whatever limitations or restrictions the TPO, in its sole discretion, determines to be appropriate.

The Selected Proposer and each subcontractor shall prepare regular monthly reports advising the TPO Executive Director of the current status of all issues that the lobbyist is monitoring or tracking that may affect the TPO, the actions taken on such issues, and the recommendations for future actions on such issues. The Selected Proposer and each subcontractor shall also raise, discuss and recommend any affirmative legislative action that may benefit the TPO.

Also, all TPO contracts and subcontracts for lobbying or representation at the state level and/or individuals and firms hired to represent the TPO issues must be approved by the TPO Governing Board. As such, any subcontractors that the Selected Proposer seeks to hire to fulfill the requirements of this contract must receive prior approval by the TPO Governing Board.

The Selected Proposer’s and each subcontractor's individuals registered as a contract lobbyist to lobby the State Legislature on behalf of the TPO shall be prohibited from lobbying the TPO Governing Board during the regular state legislative session. This does not prohibit individuals who are not registered as state legislative contract lobbyists for the TPO from lobbying the TPO Governing Board and does not apply to individuals lobbying on behalf of municipalities.

The TPO staff shall provide each TPO Governing Board Member with a list at the beginning of each session of all TPO contract lobbyists registered to lobby the legislative branch at the state level on behalf of the TPO, and any subsequent changes or updates to such a list.

5. Representation and Consulting Services

The Selected Proposer shall provide a full range of Federal advocacy services requested by the TPO that will yield effective representation regarding transportation initiatives before the Federal legislative branch, the United States Department of Transportation and related transportation agencies.

A. Deliverables

i. Annual Submission of Suggested legislative Strategy - The Selected Proposer shall provide a proposed written legislative strategy for the TPO to consider, based on the approved TPO Legislative Platform, which includes the advancement of the SMART Program. The strategy should be based on pending legislative actions, trends, and political activities, etc. The strategy will incorporate the TPO's Legislative Platform which the Selected Proposer will assist in developing. The strategy shall have specific objectives for key meetings to arrange, activities to monitor, and other actions that will occur over the coming year. The strategy will also include talking points to be used by the TPO's Executive Director.

ii. Monthly Written Reports - The Selected Proposer shall provide monthly written summaries of all activities performed and the status of ongoing talks, in support of the Miami-Dade TPO representation. Monthly reports will be attached to the monthly invoices.

iii. As Needed Reports - The Selected Proposer shall provide necessary reports on an as needed basis at the request of the TPO Executive Director or designee regarding the regular Federal legislative session, as well as any extended or special sessions, TPO Governing Board meetings, and/or conducting other services and participation in meetings, as may be deemed necessary, to implement the MiamiDade TPO's Legislative Program.

B. General Requirements

i. All invoices shall be accompanied with the monthly report and any other document(s) requested by the TPO Executive Director.

ii. The TPO Executive Director shall have the option to request formal hard copies of reports for dissemination to the TPO Governing Board or informal electronic submittals.

C. Optional Services

The TPO reserves the right to request office space in the vicinity of the Capitol, with ancillary services including, but not limited to, parking, phones, computer equipment, supplies, clerical support to TPO staff, copy machine, filing space, and an intern/runner, for use by TPO staff for the duration of their time in Washington, DC. The TPO has the option of requiring the Selected Proposer to provide the referenced office space and ancillary services at an agreed upon cost. All optional services and related expenses require prior written TPO approval. In the event that the TPO requests the performance of any of the aforementioned Optional Services, the TPO and the Selected Proposer will agree upon a price prior to authorizing such Optional Services.