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HomeMy WebLinkAboutC-4124 - Advisor for Federal Aviation Regulatory & Policy Matters to Assist with the Continuation of Flight Restrictions at John Wayne Airport• C- 41241 Law offices Irene Elizabeth Howie Mr. Homer Bludau City Manager City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658-891 Dear Mx. Bludau: RECEIVED 7tD8QCT31 M 10 OFFICE OF October 17, 2008 THE CITY CLERK CITY OF NEMORT BEACH I am so pleased the City of Newport Beach has decided to engage me to advise on federal aviation regulatory matters related to John Wayne International Airport, as outlined in the enclosed Scope of Services statement. This letter is intended to formalize the terms of my engagement. My engagement will begin Novcuib« 1, 2008. My services will be provided as requested, and I will provide my services on a flat fee basis of $3,000 per month, currently representing approximately 8 hours at my standard rate of $365, which hourly rate may be periodically revised. For time spent in excess of this amount in any given month, I will bill the City at a discounted rate of 15% off my standard hourly rate, which currently would be $310. I will notify the City of any revisions to my standard rate and if my excess hours in any given month reach a total fee threshold (combined with the monthly flat fee) of $5,000. I will bill the City monthly for my services and other charges (such as travel -related expenses, long distance telephone calls, postage, express mailings) and will provide to the City a detailed description of those services and charges. Payment will be due within 30 days of the City's receipt of my statement. We have agreed that the engagement will be commenced with the understanding that the fee arrangement will be reviewed by both parties after six months and then again at the end of each year for so long as the engagement remains in effect. It is understood that the fee arrangement may be adjusted by mutual agreement of the parties based, among other things, on experience with the City's needs and the number of hours actually devoted to this matter. Of course, this engagement may be terminated any time, upon notice and assuming all outstanding fees for services performed and expenses incurred to that date have been paid. I will bill you monthly for legal services and other charges (such as travel -related expenses, long distance telephone calls, postage, express mailings) and will provide to you a detailed description of those services and charges. Payment will be due within 30 days of your receipt of my statement. I may currently or in the future represent other clients involved in transactions or having other contacts with the City of Newport Beach. I understand that the City of Newport Beach consents to my current and future representation of such other clients without the need for any 13 Decatur Avenue. Annapolis Maryland 21403 Telephone: 410/267-7228 • Fax: 410/267-7246 • F-mail: lhowie@aol.o m Admitted to Practice in the District of Columbia Mr. Homer Bludau October 17, 2008 Page 2 further consents from the City of Newport Beach, so long as there is no direct conflict of interest. I understand that no such direct conflict would exist where the representation of another client is not substantially and adversely related to the matters I am handling for the City of Newport Beach, or where my representation of either the City of Newport Beach or another client involves legislative issues, policy issues, or administrative proceedings unrelated to the representation of the other. I do not view this advance consent to permit unauthorized disclosures or use of any client confidences. This is to confirm my understanding that the City of Newport Beach is my client for the specific matters on which it engages me, and I shall not be deemed to represent any affiliated entities unless the City of Newport Beach advises me that such entities are directly involved in or affected by my representation of the City of Newport Beach. Please note that, under certain circumstances, lawyers who lobby officials of the federal executive or legislative branches or federal agencies must publicly disclose such activities under the Lobbying Disclosure Act of 1995, as amended. If my activities on behalf of the City of Newport Beach trigger the Act's registration and reporting requirements, I will have to file reports, which will be made available to the public, disclosing my representation of the City of Newport Beach, the general nature of my `lobbying" activities on behalf of the City of Newport Beach, and my income from such activities. If this correctly reflects our understanding, please sign, date, and return to me a copy of this letter. Once again, I appreciate the opportunity to be of service to you and look forward to working with you. If at any time you have questions about this letter or any other matter concerning this representation, please call me. The City N ort Beach By -rr+v✓� Homer Bludau City Manager Date r.Gi"R� 5.e; Z9 d Enclosure: Scope of Services LAW OFFICES IRENE ELIZABETH HOWIE Enclosure to Engagement Letter, City of Newport Beach Scope of Services John Wayne Airport Project for the City of Newport Beach Ms. Howie's role will be to advise the City of Newport Beach on federal aviation regulatory and policy matters and strategy related to continuation of the restrictions on flight operations at JWA and to assist the City in better positioning itself to avoid future increased airport noise. These services will include the following activities, as may be further revised in discussions with the City: > Monitoring actions at the DOT/FAA that may have an impact on JWA, and thereby the City of Newport Beach. These would include relevant policy and regulatory developments and changes in legislation. Two very recent examples are the recent amendment to the FAA's policy on airports rates and charges and the ongoing legal battle between the FAA and the Port Authority of New York and New Jersey over the extent of FAA authority both have future implications for management of airport capacity needs in Southern California. ➢ Examining the status of the other airports exempted from the federal law governing noise and access restrictions to determine the current breadth of the underlying support for the statutory exemptions. > Engaging in informal, preliminary dialogue with key FAA officials, including those in the Office of Airports and Office of Chief Counsel, to identify potential difficulties, if any, with respect to another amendment to extend the settlement agreement. > Maintaining a dialogue with these same officials on ideas and developments related to regional alternative transportation solutions in the Orange County/LAX areas. > Monitoring airport developments at the federal level that impact neighboring airports, including LAX and SAN because these might have an impact on regional transportation solutions and an indirect impact on JWA. > Monitoring developments of the FAA's Future Airport Capacity Task, which resulted in the two FACT studies. > Monitoring developments of FAA's NextGen program and the Joint Program and Development Office focused on the issue of airport capacity. These services will be performed at the direction of the City of Newport Beach and, if so directed by the City, in coordination with any other legal and local government relations/political consultants the City may engage to assist in the larger effort.