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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.