Case 1:22-cv-24066-KMM Document 170-10 Entered on FLSD Docket 02/02/2024 Page 5 of 5

Section 5. The City Manager is further authorized" to negotiate and execute any and all
other necessary documents, including any amendments, renewals, and extensions, subject to
all allocations, appropriations, prior budgetary approvals, compliance with all applicable
provisions of the City Code, including the City's Procurement Ordinance, Anti-Deficiency Act,
and Financial Integrity Principles, as set forth in Chapter 18 of the City Code, in forms
acceptable to the City Attorney, and in compliance with all applicable laws, rules, and
regulations, as may be deemed necessary for said purpose.

Section 6. This Resolution shall become effective immediately upon its adoption.

APPROVED AS TO FORM AND CORRECTNESS:

3/8/2021

Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.

COM24066-028535


Case 1:22-cv-24066-KMM Document 170-10 Entered on FLSD Docket 02/02/2024 Page 4 of 5

WHEREAS, by engaging Miguel De Grandy (“Mr. De Grandy”) of H&K, the City can
obtain the analysis necessary of the demographic data related to its population and the required
studies can be conducted to determine whether and how the City Commission districts should
be amended; and

WHEREAS, redistricting is a highly specialized matter with few local experts and Mr. De
Grandy has extensive past experience performing these Services for the City, inclusive of the
2010 cycle; and

WHEREAS, the City’s Redistricting Plan must be presented and approved prior to
September 2021 in order to qualify for the 2021 election and will need to be condensed into a
six (6) month period to achieve said qualification; and

WHEREAS, Mr. De Grandy has offered to perform these Services for the City at the
same flat fee of the One Hundred Thousand Dollars ($100,000.00) that was paid in the 2010
cycle; and

WHEREAS, H&K is an international law firm with active matters in the City; and

WHEREAS, the engagement of H&K and Mr. De Grandy for the Services is contingent
upon City Commission approval of a waiver of conflicts as stipulated in Exhibit “B”, attached and
incorporated; and

WHEREAS, the City Manager's recommendation and written findings, attached and
incorporated as Exhibit “A”, waiving the requirements for competitive sealed bidding methods as
not being practicable or advantageous to the City for the provision of the Services by H&K and
engaging Mr. De Grandy for the flat fee of One Hundred Thousand Dollars ($100,000.00) must
be ratified, confirmed, and approved by the City Commission by a four-fifths (4/Sths) affirmative
vote after an advertised public hearing;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF MIAMI, FLORIDA:

Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.

Section 2. By a four-fifths (4/5ths) affirmative vote, after an advertised public hearing,
the City Manager's recommendation and written findings, attached and incorporated as Exhibit
“A”, pursuant to Section 18-85(a) of the City Code, waiving the requirements for competitive
sealed bidding methods as not being practicable or advantageous to the City for the provision of
the Services by H&K and engaging Mr. De Grandy for the flat fee of One Hundred Thousand
Dollars ($100,000.00) are ratified, approved, and confirmed.

Section 3. The City Commission approves the waiver of conflicts for H&K as stipulated
in Exhibit “B”, attached and incorporated.

Section 4. The City Manager is authorized! to negotiate and execute an agreement
between the City and H&K, in a form acceptable to the City Attorney, for the purposes stated
herien.

‘The herein authorization is further subject to compliance with all legal requirements that may be
imposed including, but not limited to, those prescribed by applicable City Charter and City Code
provisions.

COM24066-028534


Case 1:22-cv-24066-KMM Document 170-10 Entered on FLSD Docket 02/02/2024 Page 1 of 5

AGENDA ITEM SUMMARY FORM

File ID: #8613
Date: 02/10/2021 Requesting Department: City Manager's
Office
Commission Meeting Date: 02/25/2021 Sponsored By:

District Impacted: All
Type: Resolution

Subject: Bid Waiver — Miguel De Grandy

Purpose of Item:

A Resolution of the Miami Commission, with attachment(s), by a four-fifths (4/5ths)
affirmative vote, after an advertised public hearing, ratifying, confirming, and approving
the City Manager’s recommendation and written findings, attached and incorporated as
Exhibit "A", pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as
amended; waiving the requirements for competitive sealed bidding methods as not
being practicable or advantageous to the City of Miami ("City") for the provision of
Redistricting Services, with Holland & Knight LLP ("H&K") to engage Mr. Miguel De
Grandy to perform said services, as approved by the City Commission; authorizing the
City Manager to negotiate and execute an agreement between the City and H&K, in
substantially the attached form; further authorizing the City Manager to negotiate and
execute all other documents, including any amendments, renewals, and extensions
subject to allocations, appropriations and budgetary approval having been previously
made, and in compliance with applicable provisions of the Code of the City of Miami,
Florida, as amended, ("City Code"), including, the City of Miami’s Procurement
Ordinance, Anti-deficiency Act, and Financial Integrity Principles, all as set forth in
Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in
compliance with applicable regulations, as may be necessary for said purpose.

Additionally, the Miami Commission hereby waives any conflict that may arise with
respect to H&K (1) serving as redistricting counsel/consultant to the City on the one
hand and, on the other, (2) representing other clients (architects, City taxpayers, City
residents, property owners, lenders, contractors, subcontractors, developers, sport
franchises, media companies and the like) in unrelated matters in connection with
negotiations and disputes (including but not limited to settlement discussions, litigation,
mediation, arbitration, legislation, lobbying, land use, permitting, quasi-judicial, code
enforcement, subdivision, procurement, community redevelopment (“CRA”), public
records requests and administrative proceedings) arising with respect to the City and/or
development projects and public solicitations undertaken by the City.

Background of Item:

It is generally an accepted practice for local governments to every ten (10) years, in
conjunction with the United States Census, examine the makeup of the City
Commission districts to ensure the principle of "one person, one vote." Preliminary
reports of the 2020 Census have revealed that the population growth of the City of

PLAINTIFFS' TRIAL
EXHIBIT

P10 COM24066-028531

1:22-cv-24066-KMM



Case 1:22-cv-24066-KMM Document 170-10 Entered on FLSD Docket 02/02/2024 Page 2 of 5

Miami has not been uniform across all five (5) of the City's Commission districts. The
City of Miami is desirous of ensuring that all five Commission districts provide proper
proportional representation. Engaging H&K through a Professional Services Agreement

is necessary to analyze the demographic data related to the City's population and

conduct studies to determine whether and how the City Commission districts should be

amended.

Mr. De Grandy has extensive experience with performing redistricting services for the
City in the past, including the 2010 cycle. Redistricting is highly specialized and there
are not many experts locally in this field. In addition, the City’s Redistricting Plan must

be presented and approved prior to September 2021 in order to qualify for the 2021
election. This is a time sensitive project that will be condensed into a six (6) month

period. Mr. De Grandy has offered the City to perform these services at the same flat
fee of one-hundred thousand dollars $100,000.00 for his services as were paid in the

2010 cycle.

Budget Impact Analysis

Item has NO budget impact

Item is an Expenditure

Item is NOT funded by Bonds

Total Fiscal Impact:
NA

City Manager's Office
Department of Procurement

Office of Management and Budget
Office of Management and Budget
Legislative Division

Office of the City Attorney

City Commission

Office of the City Attorney

Office of the City Attorney

Office of the City Clerk.

Arthur Noriega V
Annie Perez
Carolina Aguila
Leon P Michel
Valentin J Alvarez
Pablo Velez
Nicole Ewan
Barnaby L. Min
Victoria Méndez
City Clerk's Office

Reviewed By

City Manager Review
Procurement Review

Budget Analyst Review

Budget Analyst Review
Legislative Division Review
ACA Review

Meeting

Deputy City Attorney Review
Approved Form and Correctness
Rendered

Completed
Completed
Skipped

Completed
Completed
Completed
Completed
Completed
Completed
Completed

02/16/2021 8:37 PM
02/16/2021 9:10 PM
02/16/2021 9:47 PM
02/16/2021 9:57 PM
02/16/2021 9:58 PM
02/16/2021 10:31 PM
02/25/2021 9:00 AM
03/03/2021 3:20 PM
03/08/2021 2:45 PM
03/08/2021 2:53 PM

COM24066-028532


Case 1:22-cv-24066-KMM Document 170-10 Entered on FLSD Docket 02/02/2024 Page 3 of 5

BN Or;
% fs rf 1
s e City of Miami cy Hat
a Legislation o———,
or. Resolution www.miamigov.com
Enactment Number: R-21-0084
File Number: 8613 Final Action Date:2/25/2021

A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, BY A
FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S
RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND INCORPORATED
AS EXHIBIT "A", PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING
PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE
PROVISION OF REDISTRICTING SERVICES BY HOLLAND & KNIGHT LLP, A
FLORIDA LIMITED LIABILITY PARTNERSHIP (“H&K”), AND ENGAGING MR.
MIGUEL DE GRANDY FOR THE FLAT FEE OF ONE HUNDRED THOUSAND
DOLLARS ($100,000.00), CONTINGENT UPON APPROVAL OF THE WAIVER OF
CONFLICTS FOR H&K AS STIPULATED IN EXHIBIT “B”, ATTACHED AND
INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND
H&K, INA FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND
EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR
BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS
OF THE CITY CODE, INCLUDING THE CITY’S PROCUREMENT ORDINANCE, ANTI-
DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND
REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE.

WHEREAS, the City Manager has determined that it is not practicable or advantageous
to the City of Miami ("City") to adhere to competitive sealed bidding methods for the provision of
redistricting services (“Services”) and, therefore, seeks a waiver of such requirements pursuant
to Section 18-85(a) of the Code of the City of Miami, Florida, as amended (“City Code”); and

WHEREAS, every ten (10) years, it is a generally accepted practice for local
governments, in conjunction with the United States (“U.S.”) Census Bureau, to examine the
makeup of City Commission districts to ensure the principle of "one person, one vote"; and

WHEREAS, preliminary reports of the 2020 Census have revealed that the population
growth of the City has not been uniform across all five (5) of the City Commission districts; and

WHEREAS, the City is desirous of ensuring that all five (5) City Commission districts
provide proper proportional representation; and

WHEREAS, the City Manager recommends the engagement of Holland & Knight LLP, a
Florida limited liability partnership (“H&K”), to provide the Services; and

COM24066-028533