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South Miami
AA•AmeticaC'AY
CITY OF SOUTH MIAMI 1
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
The Honorable Mayor & Members of the Citty Commission
Hector Mirabile, PhD, City Manager 1;1K
Alfredo Riverol, CPA, CrFA, Chief Financial Officer
November 17`h, 2010 Agenda Item No.:
A Resolution of the Mayor and City Commission of the City of South Miami,
Subject: Florida, relating to extension of the current contract with Gomez Barker
Associates, Inc. for the provision of Legislative (Lobbying) Services on a month -
to -month basis with an expiration date of May 31", 2011.
The City determined that the use of professional lobbying services is essential to the success
of the City's efforts in securing appropriations and funding from the State of Florida. The
City advertised and competitively solicited for these services entering into a term contract
with Gomez Barker Associates, Inc. (the Consultant) for an initial three (3) year period with
Background: two (2) one year options to renew. The City's contract with the Consultant was approved by
City Commission Resolution 184 -04 -11963 on November 16"', 2004; and, extensions of said
contract were then approved by City Commission Resolution 196 -08 -12793 on December 2"',
2008. Thereafter expiration of the contract extensions, the City desires to continue to use the
services of the Consultant on a month -to -month basis up to May 31at, 2011, or until such time
as an RFP is conducted and an award made, which ever comes first.
Account Number 001 - 1310 -513 -3450
Expenditure
Amount ($4,500.00 x 6 Months) $27,000.00
Backup
Documentation: Resolutions, Agreement and Email.
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RESOLUTION NO.
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, relating to extension of the current contract with Gomez Barker
Associates, Inc. for the provision of Legislative (Lobbying) Services on a
month -to -month basis with an expiration date of May 31', 2011; and
providing an effective date.
WHEREAS, the City's contract extension with Gomez Barker Associates, Inc. which
was approved by Commission Resolution 196 -08 -12793 is scheduled to expire on or about
December 2010; and
WHEREAS, Gomez Barker Associates, hie. has provided and continue' to provide
legislative (lobbying) services pursuant to the said contract; and
WHEREAS, the City of South Miami has detennined that it will be in the public's
interest to extend the current contract to May 31', 2011 and authorize Gomez Barker Associates,
hie. to provide the City legislative (lobbying) services essential to the success of the City's efforts
securing appropriations and funding from the State of Florida.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1 That the City Commission approves and authorizes the City Manager to extend
the current contract to May 3181, 2011 with Gomez Barker Associates, Inc. for legislative
lobbying services.
Section 2 This resolution shall take effect immediately upon approval
PASSED AND ADOPTED this day of
ATTEST:
Clerk
Read and approved as to form
and sufficiency:
City Attorney
2010
APPROVED:
Mayor
COMMISSION VOTE:
Mayor Stoddard
Vice -Mayor Newman
Commissioner Palmer
Commissioner Beasley
Commissioner Harris
AGREEMENT FOR MONTH -TO -MONTH LEGISLATIVE (LOBBYING) SERVICES
WITH AN EXPIRATION DATE OF MAY 31sT, 2011.
This agreement is made and entered into this _ day of December, 2010 between the City of
South Miami, a Florida municipal corporation, located at 6130 Sunset Drive, South Miami,
Florida 33143 -5093 and Gomez Barker Associates, Inc. a Florida corporation, hereinafter referred
to as the "Consultant ".
WITNESSETH:
WHEREAS, the City determined that the use of professional lobbying services is essential to the
success of the City's efforts in securing appropriations and funding from the State of Florida; and,
WHEREAS, the City advertised and competitively solicited for these services entering into a
term contract with the Consultant for an initial three (3) year period with two (2) one year options
to renew; and,
WHEREAS, the City's contract with the Consultant was approved by City Commission
Resolution 184-04-11963 on November 16`x', 2004; and,
WHEREAS, extension of the City contract with the Consultant was then approved by City
Commission Resolution 196 -08 -12793 on December 2 "a, 2008; and,
WHEREAS, thereafter expiration of the contract extension the City desires to continue to use the
services of the Consultant on a month -to -month basis up to May 31 s`, 2011; and,
WHEREAS, the City desires to engage and retain the services of the Consultant to perform the
work described in this agreement and Consultant desires to accept the month -to -month
engagement; and,
WHEREAS, Consultant continues to represent that it is competent, experienced, and able to
provide such services.
NOW THEREFORE, in consideration of the sum of $10.00, the mutual promises and covenants
contained in this agreement, and for other good and valuable consideration, the receipt and legal
sufficiency of which is acknowledged by both parties, the parties agree as follows.
1. WHEREAS CLAUSES
The above whereas clauses are incorporated and made a part of this agreement
2. STATEMENT OF WORK
Consultant agrees to provide services as specifically described under the original
agreement per the City Commission Resolutions 184-04-11963 and 196 -08- 12793. The scope of
services, price term, conditions for providing services, insurance requirements, termination
provisions, etc., that are contained therein the original agreement are incorporated by reference
into and made a part of this agreement. Should any provision of this month -to -month agreement
conflict with the terms and conditions of the original agreement, the terms and conditions of this
month -to -month agreement shall prevail.
3. COMMENCEMENT DATE AND TERM
The term shall commence upon the date of this agreement and continue on a month -to-
month basis up to May 31 ", 2011.
4. SEVERABILITY
Should any paragraph or any part of any paragraph of this agreement be rendered void,
invalid or unenforceable by any court of law, for any reason, the determination shall not render
void, invalid or enforceable any other section or part of any section of this agreement.
5. ENTIRE CONTRACT
The agreement, when executed by all parties, constitutes the full and complete
understanding and agreement of all parties and may not be in any manner interpreted or fulfilled
in contradiction of its express terms. This agreement and the incorporated attachments constitute
the entire understanding between the parties and incorporates by its terms all provisions
agreements or understandings, oral or written, between the parties. In the event of any conflict,
the terms of this agreement shall govern over the provisions of any incorporated documents.
6. WARRANTY OF AUTHORITY
The signatories to this agreement warrant that they are duly authorized by action of their
respective City Commission, board of directors or other authority to execute this agreement and
to bind the parties to the promises, terms, conditions, and warranties contained herein.
7. MISCELLANEOUS PROVISION
In the event a court must interpret any word or provision of this agreement the word or
provision shall not be construed against either party by reason of drafting or negotiation.
8. TERMINATION FOR CONVENIENCE
At its sole discretion and without need for cause, the City may terminate this agreement
at any time by providing the Consultant thirty (30) days written notice. Upon notice of
termination, Consultant will be paid for all services rendered up to and including the date of
termination.
IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized
officers, have executed this agreement as of the date first above written.
The City of South Miami:
Contractor:
By:
City Manager
ATTEST:
By:
Maria M. Menendez
Gomez Barker Associates, Inc.,
By:
President
RESOLUTION NO. 184-04-11963
A -RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE
(LOBBYING) SERVICES; APPROVING FUNDING NOT TO EXCEED
$42,000.00 FOR THE FIRM OF GOMEZ BARKER ASSOCIATES, INC.
FROM ACCOUNT NUMBER 001 -1315 -513 -3450; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission recognize that the use of professional
lobbying services is essential to the success of South Miami's efforts in securing appropriations
and funding from the State of Florida; and
WHEREAS, the City advertised and competitively solicited for these services through
RFP No. SLS -83198 which allows for extensions of the contracts with the selected firms; and
WHEREAS, the current Lobbying firm engaged by the City has performed in an
exemplary manner.
NOW THEREFORE. BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that;
Section 1. The Mayor and City Commission hereby authorize the City Manager to
enter into a Professional Services Agreement for Legislative (Lobbying) Services with the firm
of Gdmez Barker Associates in an amount not to exceed $42,000.00 per year.
Section 2. The agreement shall be for a period of three years, with a two -year
renewal option at the City's sole discretion.
Section 3. The funds for this agreement shall be paid out of Account # 001 -1315-
513- 3450 with a current balance of $42,000.00
Section 4. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this( day of 2004.
ATTEST:
n-a -) � / i
CITY CLERK ..
READ AND APPROVED AS TO FORM:
C T ATTO Y
F...�O E
Y R
Commission Vote:
5 -0
Mayor Russell:
Yea
Vice Mayor Palmer:
Yea
Commissioner Birts- Cooper:
Yea
Commissioner Sherar:
Yea
Commissioner Wiscombe:
Yea
RESOLUTION NO.: 196 -08 -12793
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A
LETTER TO GOMEZ BARKER ASSOCIATES, INC. CONFIRMING A TWO YEAR
EXTENSION OF THE LEGISLATIVE (LOBBYING) SERVICES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission recognize that the use of professional lobbying
services is essential to the success of the City's efforts in securing appropriations and funding from the
State of Florida; and
WHEREAS, the November 16, 2004 resolution terminated on November 16, 2008; and
WHEREAS, both the City and the Consultant desire to extend the services for an additional two
year term, as provided for in Section 2 of the November 16, 2004 resolution; and
WHEREAS, the City Commission authorize the City Manager to issue a letter to Gomez Barker
Inc. confirming a two year extension to the November 16, 2004 resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section l: The City Commission authorizes the City Manager to issue a letter to Gomez Barker
Associates Inc., Inc con finning a two year extension of the November 16, 2004 resolution.
Section 2: The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this 2nd day of . December 2008.
ATTEST: APPROVED:
CITY CLERK MAYO
READ AND APPROVED AS TO FORM: COMMISSION VOTE: 4 -0
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Palmer: Yea
Commissioner Beckman: Yea
Page 1 of 2
Velez, Pablo R
From:
Riverol, Alfredo
Sent:
Wednesday, November 17, 2010 5:13 PM
To:
Velez, Pablo R
Subject: FW: State Lobbyist Agreement Month -to -Month Extension
Alfredo Riverol, CPA Cr.FA
Chief Financial Officer
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
o:305- 663 -6343
f: 305 - 663 -6346
p: 305 -216 -7598
ariverol cit ofsouthmiami.net
www.ciVofsouthmiami.net
From: Manny Reyes [mailto:MReyes @gomezbarker.com]
Sent: Tuesday, November 02, 2010 12:42 PM
To: Riverol, Alfredo
Cc: Mirabile, Hector; Velez, Pablo R; Fausto Gomez
Subject: Re: State Lobbyist Agreement Month -to -Month Extension
Alfredo,
I am in receipt of your email memorializing our conversation. It has been a pleasure serving the City of South
Miami as their lobbyist in Tallahassee & we look forward to continuing on that relationship.
We agree to the month to month extension of the contract until the selection is made through the rfp process.
Please do not hesitate to contact me if you require any additional information.
Regards,
Manny
Manny Reyes
Gomez Barker Associates, Inc.
2350 Coral Way, Suite 301
Miami, Florida 33145
(305) 860 -0780 Telephone
(305) 860 -0580 Facsimile
MReyes@GomezBarker.com
From: Riverol, Alfredo
To: Manny Reyes
Cc: Mirabile, Hector ; Velez, Pablo R ; Fausto Gomez
11/17/2010
Page 2 of 2
Sent: Tue Nov 02 12:31:27 2010
Subject: State Lobbyist Agreement Month -to -Month Extension
It was a pleasure speaking with you this afternoon.
As discussed and agreed, your firm will continue to serve as the City's State Lobbyist, on a month -to -month basis
until the city has completed the Request for Proposal for State Lobbyist.
As mentioned, the reasoning for completing the RFP is in no way a reflection of your firm's past performance; it is
so that we may maintain compliance with our new established Purchasing Policy.
Thank you for your help and I look forward to continuing to work with you and Fausto.
Sincerely,
Alfredo Riverol, CPA Cr.FA
Chief Financial Officer
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
0:305- 663 -6343
f: 305 - 663 -6346
p: 305 -216 -7598
ariverol &cityofsouthmiami.net
www.cityofsouthmiami.net
11/17/2010