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.