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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.