13th Annual

State and Local

Procurement Symposium

APRIL 19–20, 2018

Detroit, Michigan

Section of
Public Contract Law
Section of State and
Local Government Law
 Welcome
Dear Colleagues:
Once again, it is time for the 13th Annual State and Local
Procurement Symposium, jointly sponsored by the ABA Section
of Public Contract Law and the ABA Section of State and Local
Government Law—with support from the National Association of
State Procurement Officials (NASPO). We are proud to continue
partnering in this annual symposium that addresses state and
local procurement issues.
The symposium is scheduled Thursday, April 19–Friday, April 20
and includes the following symposium topics:
• L aw Practice Management Issues for State and Local
Government Lawyers
• R
 esiliency, Disaster Planning and Response
• “ Sanctuary” Cities and Conflicting Federal and State
Immigration Policies
• G
 overnments Are Leading the Way with Energy Procurement
• S
 tate and Local Pay to Play and Ethics Restrictions
• L uncheon Address by Hon. Dennis Archer, Former Mayor of
Detroit and Former ABA President
• P
 ay for Success—Private Financing for Public Social Services
Programs
• F lint Water—Ethics in Local Government
In addition, the symposium offers several opportunities to network
and exchange ideas with fellow professionals, panelists, and
participants at the sponsored reception, program luncheon, and
dinner.
We hope you will join us at the 13th Annual State and Local
Procurement Symposium in Detroit, Michigan.
Aaron P. Silberman
Chair, ABA Section of Public Contract Law
Rogers Joseph O’Donnell, San Francisco, CA
Section of Public Contract Law Symposium Co-Chairs
Thomas (Ben) Bare, III
Housing Authority of the City of Hartford, Hartford, CT
Tracye Winfrey Howard
Wiley Rein LLP, Washington, DC
Derek R. Mullins
Honigman Miller Schwartz and Cohn LLP, Detroit, MI
 Thank you to ou r Sponsors
The ABA Section of Public Contract Law is
proud to be continuing our partnership with
the National Association of State Procurement
Officials (NASPO). The Section is very grateful to NASPO for its
continued support of the State and Local Procurement Symposium.

GOLD SPONSORS

SILVER SPONSORS
 Section Reception Sponsors
The Section of Public Contract Law gratefully acknowledges the
contributions from the following sponsors to help defray the
costs of each of the Section’s quarterly Receptions this year.

Akerman LLP
Akin Gump Strauss Hauer & Feld LLP
Arent Fox LLP
Arnold & Porter Kaye Scholer LLP
Baker Botts, L.L.P.
BakerHostetler
Baker Tilly
Barnes & Thornburg LLP
Bass, Berry & Sims PLC
BDO USA LLP
Berkeley Research Group LLC
Blank Rome LLP
Chess Consulting LLC
Covington & Burling
Crowell & Moring LLP
Dentons
Diepenbrock Elkin Gleason LLP
DLA Piper US LLP
Fried Frank Harris Shriver & Jacobson LLP
FTI Consulting
General Dynamics Corporation
Gibson Dunn & Crutcher LLP
Greenberg Traurig LLP
Hogan Lovells
Holland & Knight LLP
Husch Blackwell LLP
Jackson Kelly PLLC
 Section Reception Sponsors
JAMS
Jenner & Block LLP
K&L Gates LLP
Kelley Drye & Warren LLP
The Kenrich Group LLC
LitCon Group, LLC
Lockheed Martin Corporation
Mayer Brown LLP
McAleese & Associates, P.C.
Miles & Stockbridge, P.C.
Morgan Lewis LLP
Morrison & Foerster LLP
Northrop Grumman Corporation
Oles Morrison Rinker & Baker, LLP
Peckar & Abramson, PC
Pepper Hamilton LLP
Perkins Coie LLP
Rogers Joseph O’Donnell
Seyfarth Shaw LLP
Sheppard Mullin Richter & Hampton LLP
Smith, Currie & Hancock LLP
Smith Pachter McWhorter, PLC
Steptoe & Johnson LLP
Thompson Coburn LLP
Venable LLP
Victura Consulting LLC
Watt, Tieder, Hoffar & Fitzgerald, L.L.P.
Wiley Rein LLP
WilmerHale
Wittie Law PLLC
Womble Bond Dickson (US) LLP
 Program Schedule
THURSDAY, APRIL 19, 2018
12:00 pm – 7:00 pm
Registration

3:00 pm – 4:30 pm
Optional Practicum: Law Practice Management Issues for State
and Local Government Lawyers Registration Fee: $40
This panel will explore the following law practice management
questions as well as issues corollary.
•• Who is the client?
•• How do you handle tensions between parts of your overall
client (i.e. Governor v Legislature v General Public)?
•• What do workflows look like?
•• How is outside counsel procured and utilized?
•• How is malpractice coverage handled?
Moderator: Steven C. Liedel, Dykema, Ann Arbor, MI
Speakers:
Daniel Arking, Assistant Corporation Counsel, City of Detroit, MI
Jonathan Beamon, Senior Assistant Corporation Counsel, City of
Hartford, CT
Kim James, Assistant Corporation Counsel, City of Detroit, MI
Eileen Meskill, Connecticut Assistant Attorney General,
Hartford, CT
Brig Smith, Corporation Counsel, City of Middletown, CT
Cheryl Smith-Williams, Assistant Corporation Counsel, City of
Detroit, MI

4:45 pm – 6:15 pm
Resiliency, Disaster Planning and Response
This panel will examine timely issues relating to resilience and di-
saster preparedness for state and local governments, with topics
to include post-disaster work contracting, Stafford Act and FEMA
regulation compliance, and avoidance of common pitfalls resulting
in costly claw-backs and other penalties.
Moderator: Edward Thomas, Esq., President, Natural Hazard
Mitigation Association, Boston, MA
Speakers:
Jordan Corbitt, Baker Donelson, Houston, TX
Mary Joan Fales, Senior Assistant City Attorney, Ann Arbor, MI
Janell Smith, Federal Emergency Management Agency (FEMA),
Washington DC

6:30 pm – 8:00 pm
Welcome Reception
Clark Hill, PLC, 500 Woodward Avenue, Suite 3500, Detroit, MI
 Program Schedule
FRIDAY, APRIL 20, 2018
7:00 am – 5:00 pm
Registration & Hospitality

7:00 am – 9:00 am
Breakfast

8:15 am – 9:15 am
“Sanctuary” Cities and Conflicting Federal and State Immigration
Policies: What’s a Contractor to Do?
Many states and cities disagree with the Trump Administration’s
approach to immigration, and have objected by establishing
“sanctuary” cities and adopting other policies which have put
state and local contractors in difficult positions, especially those
who work across multiple jurisdictions. This expert panel will
discuss how different states’ efforts work with, or run up against,
federal policy. We will detail how employers are affected, and
what steps contractors can take during the procurement process
to ensure compliance with federal and state laws. This informative
session will provide critical information on a hot-button, high-risk
area of the law in a time of uncertainty.
Moderator: Kaytie Pickett, Jones Walker, Jackson, MS
Speakers:
Leon Rodriguez, Seyfarth, Shaw, Washington, DC
Reginald M. Turner, Jr., Clark Hill, PLC, Detroit, MI

9:30 am – 10:45 am
Governments Are Leading the Way with Energy Procurement
Governments are some of the largest property managers. From an
energy perspective, this can mean large electric and gas bills and
reliance on old technologies. But there are ways building managers
can both reduce costs and lead the way towards energy use from
cleaner sources. This panel will discuss, through case studies, how
state and local governments are already using energy contracting
to source renewable energy, innovative technologies, and make
buildings more efficient energy users. This interactive discussion
will provide useful tips for state and local attorneys involved in the
procurement process.
Moderator: Alexander W. Judd, Day Pitney LLP, Hartford, CT
Speakers:
Monica Berry, NRG Energy, Buffalo, NY
Tony Des Chenes, Michigan Legislative Consultant (former
procurement lead for the State of Michigan), Lansing, MI
David Ginsberg, Crowell & Moring, Los Angeles, CA
Steve H. Hilfinger, Foley and Lardner, Detroit, MI
Joaquina Borges King, Senior Counsel, Eversource Energy,
Berlin, CT
 Program Schedule
11:00 am – 12:15 pm
State and Local Pay to Play and Ethics Restrictions
This panel will consider trends and recent developments in state
and local government restrictions on contractors’ activities
related to elections and lobbying, including “pay to play”
prohibitions and restrictions on gifts to government officials,
as well as tips for contractors navigating the myriad different
statutes and regulations in this area.
Moderator: Brandis Zehr, Wiley Rein LLP, Washington, DC
Speakers:
Steven I. Berlin, Executive Director, Chicago Board of Ethics,
Chicago, IL
Jared DeMarinis, Director, Candidacy and Campaign Finance
Division, Maryland State Board of Elections, Annapolis, MD
Donna Y. Frazier, Parish Attorney, Shreveport, LA
Brett G. Kappel, Akerman LLP, Washington, DC

12:30 pm – 2:00 pm
Luncheon Program
Presenter: Hon. Dennis Archer, former Michigan State Supreme
Court Justice, former Mayor City of Detroit, and former ABA
President

2:30 pm – 4:00 pm
Pay for Success
GOVERNMENT identifies a critical social issue with historically
poor outcomes such as recidivism, chronic homelessness, or early
childhood education.
PRIVATE FUNDERS such as foundations, banks and businesses
provide upfront capital to a high-performing social service
provider that is helping a specific at-risk target population.
SERVICE PROVIDERS deliver services to key at-risk communities, in
an effort to reach or exceed predetermined outcomes for success.
EVALUATORS rigorously measures outcomes to ensure providers
achieve impact.
GOVERNMENT repays private funders' initial investments only if
the project is successful in achieving positive outcomes.
Moderator: Pamela Parrish, Chief Legal Counsel, Transactional &
Economic Development, City of Detroit, Detroit, MI
Speakers:
Wendy Jackson, Managing Director, Kresge Foundation, Troy, MI
Fraser Nelson, Managing Director, Sorenson Impact Center,
Salt Lake City, UT
Wells Parker, Dorsey & Whitney, Salt Lake City, UT
Jack Robinson, Ph.D., Chief Research Officer, Sorenson Impact
Center, Salt Lake City, UT
 Program Schedule
4:15 pm – 5:45 pm
Flint Water—Ethics in Local Government
This panel will examine the various legal ethical issues that arose
throughout the Flint Water Crisis, which highlight issues relevant
to public works contracting and state and local government
attorneys generally. In particular, this panel will focus on the
issues that arose as a result of the interplay of local and state
entities in trying to address the crisis.
Moderator: Michael P. Donaldson, Carlton Fields, Tallahassee, FL
Speakers:
Peter D. Jacobson, JD, MPH, Professor Emeritus of Health Law
and Policy Director, Center for Law, Ethics, and Health, University
of Michigan School of Public Health, Ann Arbor, Michigan
Choi Portis, Associate General Counsel, Detroit Water and Sewer-
age Department, Detroit, MI
Patrick Rose, Patrick Levine Rose PLC, East Lansing, MI

7:00 pm – 9:00 pm
Dinner at Texas de Brazil
1000 Woodward Ave Ticketed Event: $65 per person
Texas de Brazil is carving a new experience in dining. The
restaurant is an authentic Brazilian-American “Churrascaria” or
steakhouse, that combines the cuisines of Southern Brazil with
the generous spirit of Texas.
Treat yourself to a 50 – 60 item seasonal salad area that includes
appetizers, gourmet vegetables, soups, and salads. Turn your
place card to green and prepare to be swarmed by a troop of
carvers generously serving various cuts of seasoned beef,
lamb, pork, chicken, and Brazilian sausage, all accompanied by
traditional side items and house-baked Brazilian cheese bread.
 Program Schedule

Social Events
THURSDAY, APRIL 19, 2018
6:30 pm – 8:00 pm
Networking Reception
Clark Hill, PLC, 500 Woodward Avenue, Suite 3500

FRIDAY, APRIL 20, 2018

7:00 pm – 9:00 pm
Dinner—Texas de Brazil
Ticketed Event: $65 per person

SATURDAY, APRIL 21, 2018

3:00 pm – 6:00 pm
Tour: TBA
 Publications
GUIDE TO STATE PROCUREMENT
SECOND EDITION
A 50-State Primer on Purchasing Laws,
Processes and Procedures
With each state having its own
procurement statutes, regulations,
and policies, there are similarities as
well as important differences in the
legal frameworks that have developed
over the years, making it difficult and
time-consuming for suppliers who
provide products to multiple states.
Now fully updated, this useful, single-
volume resource contains a summary
2017 • 624 pages of purchasing laws and processes for
8½ × 11 • Paperback all 50 states. Each chapter is written
Product Code: 5390292 by individuals knowledgeable in each
Regular Price: $119.95 state’s laws and processes and includes:
Section Member Price: $94.95
• A listing of purchasing laws and
regulations
To order visit • Descriptions of purchasing methods
www.ShopABA.org • An explanation of:
• Bid protest procedures
or call
• Contract claims processes, and
(800) 285-2221. • Administrative and judicial review
Those involved in state procurement—government officials,
contract administrators, attorneys, and contractors—will find
the information in this guide to be invaluable.

STATE FALSE CLAIMS ACTS

A Practitioner's Guide to the False Claims
Laws of the Various States
State False Claims Acts: A Practitioner’s
Guide to the False Claims Laws of Various
States offers a convenient, single-volume
resource to the provision of each state’s
False Claims Act. Because nearly all of the
state false claims laws are in some way
modeled on the federal act, the book’s initial
chapter examines the provisions of the
federal FCA. Following this introduction to
the federal act’s framework, the state false
2014 • 180 pages claims laws are explained in individual
8½ × 11 • Paperback chapters that follow a standard template for
Product Code: 5390290
convenient analysis and comparison of
Regular Price: $64.95
Section Member Price: $54.95 multiple state laws. Each chapter provides
an overview of that state’s false claims law,
and describes how the provisions of each state act compare to, and
differ from, the analogous provisions in the federal FCA.
 Registration Information
The registration fee includes continental breakfast, coffee breaks,
the Friday luncheon program, the reception, and CLE program
materials. The optional Practicum has a separate $40 registration
fee. The registration fees provide for reduced registration fees for
government employees, academics, and public interest lawyers
employed with non-profit organizations. Payment must accompany
registration. Confirmations will be sent to all registrants.
Register online through the Section website http://ambar.
org/2018slgspring (credit card only) Or Send via Secure Fax
312-988-5850 (credit card only) Or Mail to: American Bar Associa-
tion, Attn: Meeting Registrations Department, 321 N. Clark St.,
Chicago, IL 60654.

TUITION ASSISTANCE
A limited number of registration fee reductions are available for
this program upon application. The fee-reductions will be deter-
mined on a one-time only, case-by-case, first-come first-serve
basis. Requests must be received at least three weeks before
the program start date—April 7, 2017. You will be notified prior
to the program if your application is approved. A minimal fee may
be charged on all approved applications to defray expenses. For
programs with tuition costs of $500 or more, qualifying attorneys
will receive at least a 50% reduction in the course fee(s) only.  To
apply, send a letter outlining the basis for your request of a fee re-
duction to Tamara Edmonds Askew, ABA Section of State & Local
Government Law, 321 N. Clark St., 19th Floor, Chicago, IL 60654, or
email tamara.edmondsaskew@americanbar.org.

CLE CREDIT
The ABA directly applies for and ordinarily receives CLE credit for
ABA programs in AK, AL, AR, AZ, CA, CO, CT, DE, GA, GU, HI, IA,
IL, IN, KS, KY, LA, ME, MN, MS, MO, MP, MT, NH, NJ, NM, NV, NY,
NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and
WV. These states sometimes do not approve a program for credit
before the program occurs. This course is expected to qualify
for 9.5 CLE credit hours (including 1.5 ethics hours) in 60-minute
states, and 11.4 credit hours (including 1.8 ethics hours) in
50-minute states. This transitional program is approved for both
newly admitted and experienced attorneys in NY.
Certificates of attendance will be available at the program for both
attendees and speakers. If you have questions about the number
of CLE credit hours granted by each state, you may call 800-285-
2221 starting 2 weeks before the program.

CLE PROGRAM MATERIALS

Prior to the program, all advance registrants will receive an email
with a link to the CLE materials. No printed materials will be avail-
able on-site. You are encouraged to bring a laptop, notebook or
tablet to view the materials onsite. Complimentary Wi-Fi access
will be available.
 Registration Information
AMERICANS WITH DISABILITIES ACT
For those individuals with disabilities who need special arrange-
ments while attending the program, please contact Tamara
Edmonds Askew, at the American Bar Association, 312-988-5652.

HOTEL INFORMATION
The Westin Book Cadillac Hotel is located at 1114 Washington,
Blvd, Detroit, MI 48226. The special group rate at $183 single/
double, plus taxes per room per night. You may contact the hotel
directly at 888.627.7150, referencing the ABA State and Local Gov-
ernment Law 2017 Section Spring Meeting to receive the group
rate. The hotel reservation deadline is March 15th. This rate is
available until March 15th or until the room block reaches capacity.
If you have a guaranteed reservation at the State and Local
Government Law’s hotel, Westin Book Cadillac and need to cancel
for any reason, you must cancel reservations 72 hours prior to the
scheduled day of arrival to avoid a one-night cancellation charge.

SPECIAL AIRLINE DISCOUNTS

ABA NEGOTIATED AIRFARE DISCOUNTS – AVAILABLE ONLINE!
With ABA Egencia*, you can automatically obtain ABA negotiated
airfare discounts for travel to the ABA Meetings. ABA Egencia
enables you to purchase the best airfare at the time of booking,
by providing you with the ability to search for and compare fares
from virtually every airline serving the destination. Reservations
with ABA Egencia can be made online or offline. For offline res-
ervations, call (877) 833-6285. ABA Egencia is available online via
ABA Travel Services*. ABA airfare discounts on some carriers may
also be obtained by purchasing your tickets under the ABA Discount
Codes directly from the airline or through your travel agent.
American Airlines ABA Discount only available at ABA Egencia.
United Airlines 800-426-1122 For ABA Meetings Only - Agreement
Code: 621691 / Z Code: ZXDR, Discount available at www.united.com.
Online Discount Code: ZXDR621691, not for leisure travel.
Delta Airlines 800-328-1111 ABA File Global Meeting Code:
NMP56, Discount available at www.delta.com
Online Meeting Event Code: NMP56,
*A Travel Profile is required when booking airline reservations
with ABA Egencia.

CANCELLATION POLICY
Registration fees are refundable, less a $25 administrative fee, for
cancellations received in the Section of State & Local Government
Law’s office by March 15, 2018. Substitutions may be made at any
time. NO refunds will be made after March 31st.
 Registration Information
13TH ANNUAL STATE & LOCAL PROCUREMENT SYMPOSIUM
APRIL 19–20, 2018
WESTIN BOOK CADILLAC HOTEL | DETROIT, MICHIGAN

REGISTER ONLINE: http://ambar.org/2018slgspring

(credit card payments accepted online only)

Registration Fees By April 1 After April 1

Law Student $ 30 $ 30
Government, Academics, Judges, $300 $350
First Time Attendees
SLG and PCL Section Members $400 $450
ABA & Non-Section Member $450 $500
Non ABA Member $550 $600
Speaker with CLE Credit $300 $350
Speaker – Speak and Depart N/C N/C
(pre-approved for speakers only)
Optional Public Contract Law $ 40 $ 40
Section Practicum Only
Guest/Spouse $ 50 $ 50

❏ $40 Public Contract Practicum (ONLY),

Thursday, April 19, 3:00–4:30pm

Group Registration Fees for the attendees from same organization (contact
Tamara Edmonds Askew at tamara.edmondsaskew@americanbar.org):
❏ $10 Discount for 2nd Member
❏ $25 Discount for 3–5 on each registration
❏ $50 Discount for 6+ on each registration

SOCIAL EVENTS
❏ Thursday, Networking Reception
(included in registration fee)
❏ Friday, Dinner
($65/Person)
❏ Friday, Luncheon
(included in registration fee)
❏ Saturday, Tour (Optional)
(TBD/Person)
Total Enclosed: $
If any special arrangements are required under the ADA or special
dietary options, contact Tamara Edmonds Askew at 312.988.5652.
 Registration Information
REGISTER ONLINE: http://ambar.org/2018slgspring
(Credit card payments accepted online only)

MAIL: American Bar Association

Attn: Service Center—Meeting Registrations Dept. LG42018
321 North Clark Street
Chicago, IL 60654
❏ Enclosed check (made payable to American Bar Association)

SECURE FAX: 312.988.5850

NAME

ABA MEMBER ID#

FIRM/ORGANIZATION

ADDRESS

CITY, STATE, ZIP

PHONE NUMBER

FAX NUMBER

EMAIL

NAME OF ATTENDING SPOUSE/GUEST(S)

❏ I am a first time attendee

LG42018
 American Bar Association
321 North Clark Street FIRST CLASS MAIL First Class Mail
Chicago, Illinois 60654 U.S. Postage
PAID
American Bar
Association

DATED MATTER

Make your hotel reservations now.

The reservation deadline is
Monday, March 15, 2018, at 5:00 pm CDT