Res No 032-12-13589RESOLUTION 32 -12 -13589
A Resolution authorizing the City Manager to extend the Lobbying
Services contract charged to account #001 - 1310 -513 -3450 to June 30,
2012, from the expiration date of March 7, 2012, to Gomez Barker and
Associates, Inc.
WHEREAS, the City requires lobbying services at the state legislature level; and
WHEREAS, the current Lobbying Services contract expires March 7, 2012 prior to the
end of the 2012 legislative session; and
WHEREAS, the City has determined it is in its best interest to continue with the current
lobbying firm, Gomez Barker and Associates, Inc., through the completion of the 2012
legislative session; and
WHEREAS, Gomez Barker and Associates, Inc., will charge the City the monthly contract
rate of $4,000 per month in the current agreement through the extension period,
NOW, THEREFORE, BE IT ENACTED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manger is hereby authorized to extend the Lobbying Services
agreement with Gomez Barker and Associates, Inc., to June 30, 2012 at the current monthly
contract rates and charged to account #001 - 1310 - 513 -5450.
Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this resolution.
Section 3, Effective Date: This resolution shall take effect immediately upon
enactment.
PASSED AND ENACTED this 7th day of February 2012
ATTEST:
0 � a
CITY CLERK
APPROVED:
Pg. 2 of Res. No, 32 -12- 13589
READ AND APP AS TO FORM, COMMISSION VOTE: 5 -0
LANGUAGE EG YAND Mayor Stoddard: Yea
EX HEREOF O Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Commissioner Beasley: y (7a
MAMMON Commissioner Harris: Ye?
CITY OF •
OFFICE OF
♦ OFFICE MEMORANDUM
South Miami
To: The Honorable Mayor & Members of the City Commission
From: Hector Mirabile, PhD, City Manager
Date: January 24, 2012 // /
Subject: A Resolution authorizing the City Manager to extend the Lobbying
Services contract charged to account 00 1 - 1310-513-3450 to June 30,
2012, from the expiration date of March 7, 2012, to Gomez Barker
and Associates, Inc.
Background: The current Lobbying Services contract expires March 7, 2012. The one -year contract
was awarded to Gomez Barker and Associates as a result of a competitive bid and
generally covers the state legislative session that typically begins in March of each year.
Staff was planning to solicit proposals for a new contract term however, the state
legislature convened in January this year mainly due to redistricting activity. As you are
aware, redistricting occurs every 10 -years after completion of the census.
In addition, special sessions can also be called. According to the state constitution, the
session lasts 60 days (including weekends) so that makes the last day of session March
9th, Nothing precludes the session from ending earlier. In addition, "extended sessions"
or "special sessions" are always possible. Special sessions take place when a regular
session concludes and either by an act of the Governor or a joint resolution of the
Speaker and Senate President who can call a special session. Extended sessions are done
by a joint resolution of the Speaker and President for a determined amount of time.
During this time, all bills are still alive and can be voted on.
Furthermore, since the legislature is currently in session, it is not in the best interest of
the City to potentially to be without a lobbyist, or change lobbyist in midstream during
the current legislative session. Extending the contract to June 30, 2012 will take us
through the legislative session and, any special session activity. The extension will also
provide for sufficient time to solicit for new proposals; well in time before the beginning
of next year's legislative session. The lobbying firm has agreed to continue billing the
City at the rate of $4,000 per month as per the current price schedule in the contract.
Expense $1200
Attachments: Resolution
Contract extension to June 30, 2012
Lobbying Services Contract
January 28, 2012
Mr. Hector Mirabile
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Dear Hector:
Government Relations & Public Affairs Counselors
2350 Coral Way, Suite 301
Miami, Florida 33145
Telephone (305) 860 -0780
Facsimile (305) 860 -0580
I am proud of the value -added that our services provide to the City of South
Miami and our long record of success on its behalf. From preserving local governing
prerogatives to protecting the revenue base, our firm is at the forefront of legislative
issues affecting the residents of South Miami and we are pleased to agree to an extension
of our existing agreement, under the same terms and conditions as currently in place, to
June 30'h. Please sign in the space provided and forward an executed copy of this letter
for our files. Thank you.
Sinceplly,_____
Fausto B. Gomez
Hector Mirabile
01- 30-2012 IN
A( IR1"tEN`T`1 Lilt PROFESSIONAL SEIRIVIICES
i IlEREA S, Squib Miami desires #list Gomez %iarkex zriaice avaFlabie its servzaes
as speczf ed in this doaz znent, in support of *Its gglat, i nent xelat czzS azz8 public affairs
efforts; and
The period of is agreement shall be from Nlaxcl,.
2: Far th ;;perfcnma ice tzf a:servzceS siescnbed lu fize atfaehecl Schedul@ A tScope
ofbxl�), South NTiania Khali pay Gomez Barker the compettsa'fiotz pruvide'i1
3. Gozxzez `Backe "r agrees to per%rm its servmees wicfA, ttzat standard c�£ c'ate; skzkl; azicl..
based ih part, oit, z oxmatzota provzdedlsy Soil "y vlzaml attd Gomez ] ax�Cex shall
be, entitled to xeip an such znfomation 106mez Barker ogxees t It sACh.
znfarmation provided to it shall ti»ly ,be used for the performance of this
engageizietlt,
It zs ,uuderstdod and agreed that Gomez Backer is acting as au indepeaiiien
cozztracta� and not as an etx ployee of South Miatri ,
$. Gozziez Tiatker agrees that all mats to lic lZarfgnried by zt ip conneotiou Wztlz this
Agreetrtept oust be performed zzz strint conforiuity "with atl applicaF le laws mtzd.
reguiat ozas of fedeW, State; and local jzirzsdzctipi?S:
6. South lv�asu
0
�tfectzve rf that Cerise lras been Taiiteded within tloziy ,(30) bays after tiorriox
l3arkex.seceiv es.tiririkten notice:
watyor by ertrxer party of ahy o#'' ire terms: an d
ooveita»ts of this tlgreernerit %in ai%y'.instartco shIl ncit
be a waiter of arty sudlr tent,; conclitio?; promston, .or
of,arty subsequent. breach of same.
1. 81 Tlrrs t�graezrreut corrsUtrttes the ontixe agreement between the p ies an
or
supersesies all o ei agreements or uriilersfairdiupzs, vurrtteik :or at,. -p for io tike
srgarttg.ofthis do<`.uiiietxt:
The laws of the State of Florida g &'year ail 4 esd'60s `$Yrth, ces eof to }tus
Agresizaeirt, and the rr�lrts and liabilities o�ihe patties;.
IN WjTNFSS OOF, No patties ;Have cause i this elgreesrieizt to be duly
u7cecuted:tire +clay and year firstabove,wiitten .
SC%IE DIiLi+ A
This sets forth the planned work content in accordance with the term and
provisions of this Agreement. Gomez Barker believes that effective lobbying is based on
a series of interrelated elements and these constitute its approach. in order to secure the
public policy objectives of South Miami, Gomez Barker will undertake the tasks
described below:
latelliggaace and Cola ru runi catiop -,Fundamental to the ability to impact state
policy or obtain state financial support is a basic comprehension of the law
and administrative rules; the ability to learn of the existence and content of
proposals to modify them; and the competency to evaluate the effect of those
changes. By knowing how government works and having access to
information and the ability to assess it,. Gomez Barker is able to identify .
opportunities or antioipate problems and thus gauge their impact on the
interests of South Miami.
The principal and staff of Gomez Barker regularly review legislative reports
and meet with legislators, legislative staff, and executive and agency
personnel in order to determine what issues or initiatives they are planning or
are of concern. This provides an appreciation of the prospects for securing
resources or favorable changes to law and has ,proved useful in helping
understand the policy and budgetary context in which decisions are likely.
This is also crucial to formulating a successful legislative strategy. Prior to
the beginning of the legislative calendar, Gomez Barker would "trail
balloon" South Miami's legislative plan in order to obtain first -hand
knowledge of how decision - makers would view and receive it and what
modifications, if any, may need to be made.
Preparation — The legislative requirements of South Miami should be
reflective. of its public policy goals and the information obtained by Gomez
Barker through the process described above. In order for it to be viable, the
program must have concise and defined goals and every item must be
specific, measurable, achievable, and reasonable. Gomez Barker will prepare
an annual legislative program, including substantive changes to law and
budget requests, and assist in the drafting of legislation and presentation
materials, as well as the positioning of appropriations items.
Presentation. Lobbying, and Monitoring - Gomez Barker will provide year -
round, full -time lobbying and representation at both the legislative and
executive agency levels in order to secure approval of South Miami's budget
and policy requests. It maintains fully staffed offices in Miami and
Tallahassee from which lobbying, review of agency actions, monitoring, and
follow-up occurs. Gomez Barker will represent South Miami at all pertinent
substantive and appropriations committee meetings and in front of all levels
of state government. The firm will testify and articulate South Miami's
interests during the drafting and deliberation process, either in individual
meetings or in front of committees, and/or arrange for South Miami officials
or staff to testify. Additionally, Gomez Barker subscribes to a comprehensive
legislative data service that furnishes real -time information on the status of
bills, legislative calendars, revenue forecasts, and agency actions.
Involvement and Coordination — South Miami officials will be encouraged to
communicate with policy- makers and to visit Tallahassee during specific
times of the legislative year. These communications and visits would be
planned and coordinated by Gomez Barker who will schedule meetings,
review materials and correspondence, brief the participants prior to any
meetings, and perform any necessary follow -up activities.
Collateral Support — In order to broaden South Miami's reach and legislative
base of support, Gomez Barker will identify other organizations that share
common legislative goals and, as appropriate, coordinate lobbying strategy
with them. These may include, among others, the Florida and Miami -Dade
League of Cities or the Florida Association of Counties. The fain will also
review the legislative goals of these and other entities and, when necessary,
work to stop any legislation or initiative that may have a negative impact on
South Miami's interests.
Reoortina - Fast and accurate reporting about the status of legislation, budget
requests, or any other important issue will be' through written progress
reports, meetings, and /or telephone contact.
,Public Atiairs — Gomez Barker will promote South Miami and its agenda to
legislators, legislative staff, and executive officials so that a frill
understanding of South Miami's unique characteristics and contributions will
facilitate legislative requests.
SCHEDULED
This sets forth the compensation payable by South Miami to Gomez Barker in
accordance with the terms set forth in the Agreement.
1. Total professional compensation is $48,000 per annum. This shall be paid on
the basis of a monthly retainer of $4,000 per month, the first payment due
upon the date of this agreement and continuing on the I" day of each month
until it conclusion. Invoices will be submitted and are due when rendered.
2. South Miami agrees to reimburse Gomez Barker for any reasonable and
appropriate expense, extraordinary in nature and incurred only with the prior
approval of South Miami in the course of performing the services specified in
Us document. Gomez. Barker will provide any and all documentation in
connection with any reimbursable expenses incurred.