Res No 042-11-13356RESOLUTION NO. 42-11-13356
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, selecting the firm of Gomez Barker Associates Inc.
from the three (3) proposal submittals considered for the Lobbying
Services Request for Proposals (RFP) No. SM -FN 2011 -01 and
authorizing the City Manager to execute an agreement with the same
for the duration of a one (1) year term, and providing for an effective
date.
WHEREAS, in response to the December I3th, 2010 City Commission directive,
an RFP for lobbying services was issued and closed on Friday, February 11th, 2011, at
10:00 AM.
WHEREAS, by said closing date and time, proposal submittals for lobbying
services from the following three (3) firms were received by the City Clerk's Office:
Akerman Senterfitt, Gomez Barker Associates, Inc., and Southern Strategy Group; and,
WHEREAS, the City Commission needs to select a firm from the three (3) in
consideration and must authorize the Manager to execute a contract with the same so that
the selected firm can immediately start its work in the City's behalf upon the March 8f1i,
2011 commencement of the 2011 Florida Legislative Session.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1 That the City Commission selects the firm of Gomez Barker Associates
Inc. for the City's lobbying services and authorizes the City Manager to execute an
agreement with the same for the duration of a one (1) year term, and providing for an
effective date.
Section 2 This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1st day of March, 2011
ATTEST:
CCIerk
Read an pproved as to form
ands zency:
City Attorney
COMMISSION VOTE: 3 -2
Mayor.
Stoddard:
Yea
Vice -Mayor
Newman:
Nay
Commissioner
Palmer:
Yea
Commissioner
Beasley:
Nay
Commissioner
Harris:
Yea
South Miami
' ti�sedcaCitt
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor and Members of the City Commission
From: Hector Mirabile, PhD, City Manager
Date: February 23`d, 2011
Evaluation of the Response Submittals for the Lobbying Services Request for
Subject Proposals (RFP) No. SM -FN 2011 -01 and authorization for the Manager to
execute a contract with the selected firm.
On December IY4, 2010, the Mayor and City Commission provided staff with the
directive to seek competitive sealed proposals for City Lobbying Services. In response to
the directive the above referenced RFP was issued and closed Friday, February 111%
2011, at 10:00 AM. By said deadline. the following three (3) proposals were received by
the City Clerk
® Akerman Senterritt
a Gomez Barker Associates, Inc.
m Southern Strategy Group
(A fourth proposal submittal from The Pittman Law Group, P.L. was received past the
aforementioned deadline and, consequently, was not considered.)
The documents listed below are provided for your prior review and consideration in
evaluating and selecting the firm that will provide the City s Lobbying services for the
Florida 2011 Legislative Session. The City's agreement with the selected firm will be for
Background: a twelve (12) month period including, but not limited to, the aforementioned legislative
session.
Please note that this next legislative session commences on March 8'` 2011, and in
order to have a lobbyist on contract in time for the same, this item was included as part
of the agenda for the March 19% 2011, commission meeting. Consequently, the manager
will be seeking the City Commission's authorization to execute a contract with the
selected firm.
o Bid Opening Report
+ Request for Proposals (RFP's)
g Addendum No. I
Attachments: ® Addendum No. 2
Addendum No. 3
Y Three (3) proposal submittals received
0 2011 Florida Legislative Session Dates
X1V:v
7
BID OPENING REPORT
° 1NCORPf+FAV6�
f O R -i£D
12T s were o ened on: FMAL FebruarV 11 2011
F or: Lobb 3n Services 12FP No. S1V1 -1N 2011 -01
THE ABOVE PROPOSALS HAVE NOT BEEN CHECEED.
THE PROPOSALS ARE SUBJECT TO CORRECTION TE AFTER PROPOSALS HAVE BEEN
City Clerk's Sign: 11 Witness Witness:
—*
AGREEMENT. FOR PROFESSIONAL SEI24?lfc]ES
Agreement is made this 8"' of March, 2011 between The City of South Miami
(hereinafter referred to as "South Miami") and Gomez Barker Associates; Inc.,
(hereinafter referred to as "Gomez Barker').
WHEREAS, South Miami desires that Gomez Barker make available its services
as specified in this document, in support of its government relations and public affairs
efforts; and
WHEREAS; Gomez Barker has special professional qualifications in said services
and is willing and able to provide same under the terms and conditions set forth in this
document;
NOW THEREFORE, the parties do mutually agree as follows:
4: The period of this agreement shall be from March 8"', 2011 until March 7s',
inclusive.
2� For the performance of tge� services described in the attached Schedule A (Scope
of Work), South Miami shall pay Gomez Barker the compensation provided
for in the attached Schedule, B (Compensation).
3. Gomez Barker agrees to perform its services with that standard of care, skill, and
diligence norinally provided by a professional organization in the performance of
similar services. It is understood that Gomez Barker must perform the services
based, in part, on information provided by South. Miami and Gomez Barker shall
be entitled to rely on such information. Gomez Barker' agrees that any such
information provided to it shall only be used for the performance of this
engagement.
R. It is understood and agreed that Gomez Barker is acting as an independent
contractor and not an employee of South Miami.
5. Gomez Barker agrees that all acts to be performed by it in connection with this
Agreement must be performed in strict conformity with all applicable laws and
regulations of federal, state, and local jurisdictions.
6. South Miami may terminate this Agreement for cause. A termination for cause
may occur due to: 1) Gomez Barker's willful misconduct or gross negligence; or
2) Gomez Barker's conscious disregard of its obligations hereunder or of any
other duties reasonably assigned by South Miami. Such termination shall not be
0
effective if that cause has been remedied within thirty (30) days after Gomez
Barker receives written notice.
7. A waiver by either party of any of the terms and conditions, provisions, or
covenants of this Agreement in any instance shall not be deemed or construed to
be a waiver of any such terra, condition, provision, or covenant for the fixture, or
of any subsequent breach of same.
8. This Agreement constitutes the entire agreement between the parties and
supersedes all other agreements or understandings, written or oral, prior to the
signing of this document.
9. The laws of the State of Florida govern all questions with respect to this
Agreement, and the rights and liabilities of the parties.
IN WITNESS WI-MREOF, the parties have caused this Agreement to be duly
executed the day and year first above written
hector 1VIrabile, Phl?. Fausto B. Gomez
SCHE DULL, 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:
Intelligence and Communication — 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 anticipate 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 firm 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.
Renortine - 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 Affairs -- Gomez Barker will promote South Miami and its agenda to
legislators, legislative staff, and executive officials so that a full
understanding of South Miami's unique characteristics and contributions will
facilitate legislative requests.
SCHEDULE B
This sets forth the compensation payable by South Miami to Gomez Barker in
accordance with the terms set forth in the Agreement.
I. 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 sex-vices specified in
this document. Gomez Barker will provide any and all documentation in
connection with any reimbursable expenses incurred.