131%.
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
From: Hector Mirabile, PhD, Ci ty g j Mana er P
Date: December 14, 2010 Agenda Item No.:
f
Subject: Gomez Barker Associates, Inc. Agreement Extension - Additional
Documentation
As requested at the December 7, 2010, regular Commission Meeting, please find
Background: the attached documentation provided by Gomez Barker and Associates Inc. as
support for the Mayor, Vice Mayor, and City Commission consideration.
Page 1 of 1
Riverol, Alfredo
From: Fausto Gomez [FGomez @gomezbarker.com]
Sent: Thursday, December 09, 2010 5:32 PM
To: Riverol, Alfredo
Cc: Mirabile, Hector
Alfredo:
Attached are the following:
• A one page Memorandum titled 'Relating to GBA Contract' which summarizes our legislative
record, including appropriations;
• A Summary of Legislative Accomplishments since we have represented South Miami. This was
prepared and presented to the Mayor and Commission in February of this year;
• Our End -of- Session legislative report which was presented to the Commission on August 3rd of this
year.
I appreciate your interest and let me know if you require anything else.
Fausto Gomez
12/9/2010
2350 Coral Way, Suite 301
Miami, Florida 33145
(305) 860 -0780 (Telephone)
(305) 860 -0580 (Facsimile)
119 South Monroe Street, Suite 202
Tallahassee, Florida 32301
(850)222 -9911 (Telephone)
(850)222 -8416 (Facsimile)
fgom ez(a)aom ezbarker.com
JXM-1 , its 1 1 .........
To:
Alfredo Riverol, Chief Financial Officer
From:
Fausto B. Gomez
CC:
Hector Mirabile, City Manager
Date:
December 9, 2010
Re:
Memorandum relating to GBA contract
Enclosed is a report detailing the amount of funds obtained for the City of South Miami
during the period of our representation. This was provided to the current Mayor and
Commission late last year with a copy to then Manager Roger Carlton. Since 1999, we have
helped secure over $15 million for the City and when compared to our total compensation the
rate of return has been more than 3,000%
Only in the current fiscal year were legislative funds not appropriated. The state faced
a $3.2 billion deficit and the result was a budget that included no support for any local
government in Florida, a relatively flat amount for public schools, and significant reductions in
funding for health and human services. This was all detailed in our End -of- Session report
which I presented to the Commission at the August 3rd meeting this year. Also enclosed is a
copy of that report.
Notwithstanding the lack of direct legislative funding for all municipalities, the majority
of items the Commission approved as their "2010 Legislative Action Plan" were successfully
accomplished. This included the Ludlum Road Historic Designation, grant support for Florida
Forever and the Florida Recreation Development Assistance Program, Red Light Cameras,
grandfathering the Residency Requirements for Sexual Offenders and Predators, approval of
the Property Assessed Clean Energy program, defeat of local revenue restrictions (TABOR),
and establishing the parameters for legislative action relating to municipal pensions.
My team and I are privileged to represent South Miami and are proud of our history of
success. Please do not hesitate to contact me if you have any questions or desire additional
information.
1999
City of South Miami Stormwater $ 340,000
Dante Fascell Park and Palmer Field Master Plan $ 50,000
2000
Murray Park Improvements $ 112,500
Stormwater Drainage — City of South Miami $ 400,000
Wastewater ( Sewer) Infrastructure — City of South Miami $1,000,000
2001
Gravity Sewer System Improvements $ 400,000
City of South Miami Housing $ 300,000
EmergenGy Mobil Command Conte $ 161 -,204
Murray Park Pool Facility $ 200,000
2002
South Florida Flood Mitigation (City of South Miami) $1,400,000
Dante Fascell Park Improvements $ 112,500
2003
South Florida Flood Mitigation (City of South Miami) $ 750,000
2004
South Florida Flood Mitigation (City of South Miami) $ 725,000
Youth Transportation Initiative — City of South Miami $ 75,000
2005
City of South Miami Stormwater Drainage Improvements $1,000,000
Palmer Park Improvements $ 112,500
• Page 2
41D
Dison Property (Acquisition) $ 200,000
$2750,000
Stormwater Improvements $ 800,000
Sunset Drive Drainage Improvements $ 800,000
Potable DFInking Water Extension $- 427,500
BiGyole Path Master Plan $- 450,000
2007
$-- 490,080
$- 50,900
T'relley System $- 25,900
$ 800;880
2008
Citywide Drainage Improvements $ 550,000
Dante Fascell Park Improvements $ 50,845.07
Pedestrian Overpass $1,500,000
2009
Transportation Improvements to Sunset Drive $ 253,166
Bus Bays and Bush Shelters along Sunset Drive $ 112,432
• Page 3
2350 Coral Way, Suite 301
Miami, Florida 33145
(305) 860 -0780 (Telephone)
(305) 860 -0580 (Facsimile)
119 South Monroe Street, Suite 202
Tallahassee, Florida 32301
(850) 222 -9911 (Telephone)
(850) 222 -8416 (Facsimile)
faomezagom ezbarker.com
rTI I L
To: Hon. Philip K. Stoddard, Mayor
Hon. Valerie Newman, Vice Mayor
Hon. Brian D. Beasley, Commissioner
Hon. Walter A. Harris, Commissioner
Hon. Velma Palmer, Commissioner
From: Fausto B. Gomez
CC: Roger Carlton, City Manager
Date: December 9, 2010
Re: Summary of Legislative Accomplishments (Appropriations)
I am pleased to provide this summary of legislative appropriations obtained for the
City of South Miami since 1999, the period of my representation. During that time we have
been able to secure a total of $15,707,647.07 in legislatively appropriated funds which
equates to $11,243,943.07 in disbursements when you exclude the Governor's vetoes. (For
illustrative purposes those are struck through in this memorandum). My total compensation
from South Miami during the same period has been $496,500. That equals a rate of return to
the City of 3,163% pre -veto and 2,264% post -veto when you compare my professional fees
to the amount of funding obtained.
South Miami's intergovernmental efforts are a success and have brought in significant
sums to enhance the potable water, stormwater, wastewater, transportation, housing, and
recreational needs of the City. And this memorandum only focuses on appropriations,
excluding the important policy objectives on which we have also worked. Those range from
preserving the capacity to approve or deny the placement of cell phone towers and antennas
to defeating legislation pre - empting the ability to enforce ordinances requiring mortgage
holders to maintain and secure foreclosed properties.
I appreciate your allowing me to represent the City of South Miami and look forward to
continuing to work with you and your professional staff. I trust you will not hesitate to contact
me if you have any questions or desire additional information.
1
2350 Coral Way, Suite 301
Miami, Florida 33145
(305) 860 -0780 (telephone)
(305) 860 -0580 (facsimile)
119 South Monroe Street, Suite 202
Tallahassee, Florida 32301
(850) 222 -9911 (telephone)
(850) 222 -8416 (facsimile)
fgomez @gomezbarker.com
J� rT1 I T"61 1r, 1 -1 to
To: Hon. Philip K. Stoddard, Mayor
Hon. Valerie Newman, Vice Mayor
Hon. Brian D. Beasley, Commissioner
Hon. Walter A. Harris, Commissioner
Hon. Velma Palmer, Commissioner
From:
Fausto B. Gomez
CC:
Buford R. Witt, City Manager
Date:
December 9, 2010
Re:
End -of- Session Report (2010)
I am pleased to report on the activities of this firm on behalf of the City of South Miami
during the recently concluded legislative session. This was an extremely difficult year, with
the recession and individual political considerations heightening every budget and policy
decision. The session began with Governor Charlie Crist's "State of the State" address in
which he vigorously defended his governing record within the context of party orthodoxy and
ended by him deciding to run as an Independent for the United States Senate. Also
impacting the session was the continuing saga of former Speaker Ray Sansom who resigned
from the House prior to his peers conducting ethics hearings and is now the subject of
criminal complaints, accusations of legislators abusing their political party issued credit cards,
and corruption with regard to the Executive Director of the Republican Party. The latter was
removed and subsequently arrested.
All of these factors created an unstable legislative environment. The Governor vetoed
two key measures supported by legislative leadership; an elections bill that re- created
campaign leadership funds and an education measure that stripped job protection from
teachers and linked teacher pay to testing. In turn, the Florida Senate rejected the
Governor's two appointments to the Public Service Commission (PSC), the House of
Representatives refused to enact meaningful PSC reform, and the legislature in total
challenged executive authority on a wide -range of issues. Given all of this, it is remarkable
that the Session ended on -time.
On the budget front, this year's $70.4 billion spending plan relied on a combination of
spending cuts, federal stimulus money, an infusion of more than $400 million from the
gaming compact with the Seminole Tribe of Florida, and a trust fund sweep of nearly $600
million. Budget preparations for the 2010 -2011 Fiscal Year began with a projected deficit of
$3.2 billion and legislative pledges of no tax or fee increases. The result was a budget that
included no municipal support, few local interest projects, a relatively flat amount for public
schools, and significant reductions in funding for health and human services. The Governor
subsequently vetoed $371 million from the spending plan, including $160 million taken from
the State Transportation Trust Fund.
A similar dysfunction permeated policy deliberations. The legislature passed the
second - lowest number of bills in recent memory and, although somewhat ameliorated, the
lamentable practice of demonizing local governments continued.
In the midst of this, I am pleased to report that the City of South Miami did remarkably
well. My team and I successfully worked to re- assigning the $1.5 million originally allocated
for a pedestrian overpass to at -grade improvements and secured the opportunity for other
funding; obtained legislative approval for the Ludlum Road Historic Designation, Red Light
Cameras, Green Corridors, and the Residency Requirements for Sexual Offenders and
Predators. Additionally, we were able to enhance the City's ability to strengthen its municipal
authority, preserve the affordability of home and condominium ownership, establish
important policy goals, and defeat legislation negatively impacting local governance.
Following is a synopsis of items of particular interest to South Miami.
APPROPRIATIONS
• Pedestrian Overpass
The former City Manager and I worked throughout the legislative session to either secure
legislative language re- appropriating the $1,500,000 obtained for South Miami during the 2008
Legislative Session or garner a commitment from Miami -Dade County to seek Florida
Department of Transportation (FDOT) approval to release said funds to South Miami. We
used a coordinated approach whereby he dealt with the Director and staff of the Transit
Department and I informed Miami - Dade's chief lobbyist that we either had to receive an
ironclad commitment or South Miami would be forced to seek legislative relief. This approach
worked. Attached to this report is a letter from Miami -Dade to FDOT seeking re- assignment of
the $1.5 million to the City of South Miami for at -grade pedestrian improvements. Approval of
such was confirmed in a brief hallway conversation with Secretary of Transportation Stephanie
Kopelousos that I arranged for Vice Mayor Valerie Newman and Commission Brian Beasley
during their visit to Tallahassee.
This item was a priority of South Miami and was included in the "2010 Legislative Action Plan."
• Economic Development
CS /SB1752, the comprehensive economic development legislation, . creates a "Local
Government Distressed Area Matching Grant Program" to provide a matching grant to a local
government's contribution or $50,000, whichever is less, to a business that will create at least
15 jobs and is located in a community suffering from unemployment and general economic
distress. The total appropriation is $3 million.
• Stormwater and Wastewater Funding
Line Item 1718 of the Florida Budget appropriates $163,386,374 to the "State Revolving Loan
Fund" to provide below market rate loans to qualified local governments to remove, mitigate
or prevent adverse effects on surface or ground water quality and public health. During
• Page
our representation, South Miami has averaged $742,272 annually in direct legislative funding
for stormwater or wastewater projects but this is only the second time in the past 16 years that
critical line item support in this area was not appropriated. In last year's End -of- Session report
we detailed the modifications to Loan Fund program guidelines that would have to occur for
the City to effectively access these dollars. Primary was to ensure that every community has a
fair chance to qualify for funding and to expand the qualification for grants so that additional
deserving communities may be able to implement their projects.
During the legislative interim, I and many of my colleagues who also represent local
governments successfully worked with the Department of Environmental Protection and as a
result a series of rule changes were implemented to facilitate application procedures. Other
local governments that we represent have benefited from the opportunities these changes
present and for previous loans, after a politically sensible time period, we have successfully
lobbied to waive subsequent payments (the City of North Bay Village is the most recent
example when it received a pardon of $3,575,980 of its loan for new sewage pipes under
Biscayne Bay). Because of the City s success in securing line item appropriations South Miami
has not had to avail itself of this model, but this new allocation presents an opportune time for
the City to apply for the $2,000,000 necessary for the Sunset Drive Drainage Improvements
and the Citywide Drainage Improvements — Phase VI. Our firm enjoys an excellent working
relationship with Tim Banks, Program Administrator of the Bureau of Water Facilities Funding
at the Florida Department of Environmental Protection, and if an application is submitted my
team and I will work with the City Manager and DEP to facilitate the request for funding.
Applications will be reviewed in either January or February of next year when there is a public
hearing to consider these and similar applications from other communities.
This item was a priority of South Miami and was included in the "2010 Legislative Action Plan:'
• Florida Forever
Line Item 1686A of the Florida Budget appropriates $15,000,000 for the Florida Forever
program. This is the state's conservation land- buying program and South Miami can employ
those dollars for the acquisition of land for parks, recreation, open space, and conservation.
This item was a priority of South Miami and was included in the "2010 Legislative Action Plan"
• Florida Main Street Program
Line Item 3070 of the Florida Budget appropriates $662,450 for Historic Preservation
Grants. A part of that appropriation is to be used for the Florida Main Street program
which provides funding support at $10,000 per community as well as technical
assistance at a level up to $60,000 to encourage the revitalization of traditional, historic
downtown and neighborhood commercial districts. If interested in pursuing this support,
the City of South Miami should apply to the Bureau of Historic Preservation, Division of
Historical Resources of the Florida Department of State.
• Advertising Matching Grants Program
Line Item 2664 of the Florida Budget appropriates $26,647,961 to the Florida
Commission on Tourism. A part of that appropriation is to be used for the "Advertising
Matching Grants Program" to help smaller communities market themselves as tourist
destinations. Municipalities with a population of 50,000 or less are eligible to receive
grant awards of $2,500 per cycle. If interested in pursing this support, the City of South
Miami should apply to Visit Florida.
• Page
• Florida Recreation Development Assistance Program
Line Item 1686A of the Florida Budget appropriates an undetermined amount to fund the
acquisition or development of lands and trails for public outdoor recreation purposes. New
rules are being developed by the Department of Environmental Protection to focus more on
outdoor recreation. Applications are scheduled to be released in August with an anticipated
due date in September. The maximum grant award is $200,000. South Miami has previously
benefited from this program by receiving $837,845 for improvements to Dante Fascell, Palmer,
and Murray Park(s). If interested in pursuing this support, the City of South Miami should
apply to the Division of Parks of the Florida Department of Environmental Protection.
This item was a priority of South Miami and was included in the "2010 Legislative Action Plan"
LEGISLATION
Transportation
• Ludlum Road Historic Designation
Section 7 of HB5 designates Ludlum Road, between Bird Road and S. W. 13d Street in the
cities of South Miami and Pinecrest as a "State Historic Road:'
This item was a priority of South Miami and was included in the "2010 Legislative Action Plan:'
• Traffic Infraction Detectors (Red Light Cameras)
CS /CS /HB325 authorizes the Department of Highway Safety and Motor Vehicles,
counties, and municipalities to use cameras to enforce violations of a driver's failure to
stop at a traffic signal.
The legislation requires signage at intersections using traffic infraction detectors, and
provides that they may not be used to enforce violations when the driver is making a right
turn in a careful and prudent manner. It further provides that notifications and citations
to the registered owner(s) of motor vehicles must include the images indicating that the
motor vehicle violated a traffic control device, and must offer a physical location or an
Internet address where images or video may be reviewed. When a citation is issued, it
may be challenged in a judicial proceeding in the same manner as other traffic violations.
A contested citation upheld by the court may result in additional court costs and fees.
The penalty for not stopping at a traffic signal is increased from $125 to $158 and the
distribution to local governments of the revenue collected is $60.00 when a citation is
issued by a law enforcement officer; $45.00 when the citation is issued by the
Department of Highway Safety and Motor Vehicles; and $75.00 when the citation is
issued by a county or municipality. Points may not be assessed against a driver's
license and violations may not be used for purposes of setting motor vehicle insurance
rates.
A transitional period for those municipalities instituting a traffic infraction detector
program on or before July 1, 2011 is provided. No company or individual may receive a
commission or per- ticket fee from any revenue collected from violations detected through
the use of a traffic infraction detector and a manufacturer or vendor may not receive
remuneration based upon the number of violations.
• Page
Every governmental entity that operates a traffic infraction detector must submit an
annual report to the Department of Highway Safety and Motor Vehicles which details the
results of the detectors and the procedures for enforcement.
This item was a priority of South Miami and was included in the "2010 Legislative Action Plan"
• Transportation System Surtax for On- Demand Transit Services
Section 1 of CS /CS /CS/HB1271, the omnibus transportation bill, allows that the proceeds of
discretionary transportation system surtax can be used for "planning, development,
construction, operation, and maintenance of on- demand transportation services." The
legislation further defines "on- demand transportation services" as transportation provided
between flexible points of origin and destination selected by individual users with such service
being provided at a time that is agreed upon by the user and the provider of the service and
that is not fixed- schedule or fixed -route in nature." This means that the funds received by
South Miami from the Citizens' Independent Transportation Trust can also be used to provide
on- demand senior and disabled transportation services. Prior to this provision, there was no
ability to use CITT dollars for this purpose.
• Camping on the Right -of -Way
Section 23 of CS /CS /CSHB1271, the omnibus transportation bill, prohibits camping on
any portion of the right -of -way of the State Highway System within 100 feet of a bridge,
causeway, overpass, or ramp. This would prevent any person(s) from living under the
Metrorail Overpass since US1 is managed by the Florida Department of Transportation.
The language was intended to prevent a repeat of the Julia Tuttle Causeway situation.
• Transportation Projects on Public Roads
CS /CS /SB1842 requires the Florida Department of Transportation to provide written
notification to all affected property owners and municipalities of proposed changes to
state highways when the project divides a state highway; erects a barrier median which
would modify vehicle turning movements; or has the effect of closing or modifying
existing access to commercial business property. Since South Miami is intersected by
various state roads, this legislation is significant to the City.
The written notification must be given at least 180 days before the design of the project is
finalized and provide a written explanation regarding need. The Department is required to
consult with the local government on its final design proposal and the municipality may present
alternatives which must be considered in preparing the final design of the project.
Public Safety
• Sexual Offenders and Predators
CS /CS /HB 119 creates new restrictions for a person convicted of a sexual offense when
the victim was under the age of 18. As originally introduced, the bill would have
superseded local residency limits but the version that passed grandfathers local
ordinances with regard to residency near schools, child care facility, playgrounds, or
parks.
Additionally, the legislation makes it a first degree misdemeanor for an offender to be
loitering within 300 feet of a place where children congregate; makes it a first degree
misdemeanor for an offender to approach, contact or communicate with a child under 18
in any public park building or playground with intent to engage in conduct of a sexual
• Page
nature or to make a communication of a sexual nature; and, makes it a first degree
misdemeanor for an offender to be in any child care facility or pre -K -12 school unless he
or she has provided written notification.
The legislation also defines the term "transient residence" in the sexual predator and
sexual offender registration statutes and requires an offender to provide information
regarding his or her transient residence during the registration process. An offender may
not be forced to move if he or she is living in a residence that complies with the residency
restrictions and a school, child care facility, playground or park is subsequently
established within the boundaries of such restrictions.
The bill also prohibits offenders from distributing candy to children on Halloween,
wearing specified costumes, or entertaining at children's parties without prior approval of
the sentencing authority.
This item was a priority of South Miami and was included in the "2010 Legislative Action Plan."
• Community Residential Homes
SB1166 is of limited application to South Miami since it defines a "planned residential
community" as a local government approved planned unit development which is under
unified control; is planned and developed as a whole; has a minimum gross lot area of
eight acres; and has amenities that are designed to serve residents with a developmental
disability. However, this legislation served as amendatory vehicle to protect residential
neighborhoods from the clustering of "SOBER Living Homes." These are alcohol and
drug treatment residential facilities, mostly located in single - family neighborhoods, which
as a consequence of the American with Disability Act (ADA) are exempt from local
planning and zoning regulations. There has been a proliferation of these as out -of -state
operators purchase distressed properties to house recovering addicts. At our urging,
language requiring a distance of 1,000 feet from one SOBER Home to another was
included by Rep. Kelly Stargel in CS /CS /HB 645, the House companion to SB1166, and
Sen. Thad Altman attempted to incorporate an identical provision on his bill. The
amendment was twice defeated on the floor of the Senate, but as a consequence of this
effort the Florida Department of Children and Families has created a workgroup to
examine SOBER Homes and recommend legislative changes to license and regulate
them and to protect residential neighborhoods.
• Misrepresentation of Military Status
CS /HB155 amends Florida's "Solicitations of Contributions Act" to prohibit a person from
falsely stating that he or she is a member of or represents any branch of the United States
Armed Forces in connection with the planning, conduct, or execution of any solicitation or
charitable contribution.
• Threats
CS /HB317 adds the term "electronic communications" to Section 836.10, F. S., so that
any threats to injure or kill a person sent electronically would be punishable by a second
degree felony.
• Public Safety Telecommunications
CS /CS /CS /SB742 creates a mandatory certification program for 911 public safety
telecommunicators, whose job duties include answering, receiving, and transferring 911
calls, or dispatching emergency services. The bill provides for education and training
• Page
standards, continuing education, discipline, fees and rulemaking authority. After October
1, 2012, individuals seeking certification must complete a 232 -hour training program
approved by the Department of Education, and pass an examination administered by the
Department of Health.
Dwellings
• Building Safety
CS /CS /CS /CS /HB663, which passed on the final day of the Session, revises various
laws regarding building safety. Particularly, the bill limits requirements for condominiums
to retrofit elevators for Phase Two Firefighter Services until July 1, 2015, or previous to
that if an elevator is replaced or requires major modifications. This is intended to reduce
the financial burdens of condominium owners during the current economic downturn.
• Community Associations
CS /CS /CS /SB1196 lowers the cost of owning a condominium by repealing the
requirement to purchase individual unit owner insurance coverage, providing that certain
low -rise condominium buildings with exterior corridors need not install a central fire alarm
system, amending provisions relating to fire sprinklers, providing for additional forms of
bulk communications contracts, and allowing associations to waive the requirement to
provide alternative power supplies to elevators and alarms during emergencies.
Previously, the law required older multi - family residential structures to retrofit units and
common areas with fire sprinklers by 2012. It also provided that condominiums
associations (by unit owner vote) could forever waive retrofitting of sprinklers in unit
interiors, forever waive retrofitting of common areas in shorter buildings, and delay
retrofitting of common areas in high -rise buildings until 2014. This bill allows the owners
in a high -rise condominium to vote to forever waive retrofitting of the common areas with
fire sprinklers, just like owners in shorter buildings are allowed. Additionally, the time for
condominium associations who do not vote to forego retrofitting of either unit interiors or
the common areas to comply with retrofitting requirements is extended from 2014 to
2019, and requires such associations to complete planning and permitting by 2016.
Through our involvement, South Miami has been an integral part of City of Miami Beach
Vice Mayor Jerry Libbin's legislative campaign with regard to delinquent assessments
owed to condominium associations at the time of foreclosure. This bill begins to address
that by changing the amount of money banks owe to condominium associations from 6
months of a unit's unpaid common expenses and regular periodic assessments or 1% of
the original mortgage balance, whichever is less, to 12 months of a unit's unpaid
common expenses and regular periodic assessments or 1% of the original mortgage
balance, whichever is less.
• Qualifying Improvements to Real Property
CS/HB7179 authorizes local governments to levy voluntary non -ad valorem assessments
to fund energy efficiency, renewable energy, and wind resistance improvements for
property owners. It grants local governments the authority to issue debt, payable from
revenues received from the improved properties, and to partner with one or more local
governments. More commonly know as Property Assessed Clean Energy (PACE) the
municipalities of South Miami, Coral Gables, Pinecrest, Palmetto Bay, and Cutler Bay
are banding together to create a "Green Corridor" to spur this program.
This item was a priority of South Miami and was included in the "2010 Legislative Action Plan"
• Page
• Residential Fire Sprinklers
CS /CS /CS /SB846 prohibits local governments from requiring the installation of automatic
fire sprinklers in newly constructed one - family and two - family residential dwellings and
townhouses. The bill further prohibits a local government from requiring a property
owner to install fire sprinklers in any residential property based on its use or
reclassification as a rental property.
• Citrus Canker Eradication
HB1013 removes all mention of the citrus canker eradication program from Florida
Statutes. This puts a definitive end to the program.
Public Employment
• Insurance
CS /CS /SB 2176 makes changes to various insurance laws. Of specific application to
South Miami is a provision dealing with the Disability Presumption for Law Enforcement
Officers. Current law establishes that certain diseases (tuberculosis, heart disease, and
hypertension) acquired by an officer is presumed to have been suffered in the line of
duty. The bill provides that a law enforcement officer who suffers from one of the
enumerated diseases and materially departs from the prescribed course of treatment of
his or her physician, and the departure is demonstrated to result in an aggravation of his
or her condition, loses the presumption for claims after July 1, 2010.
• Public Retirement Plans
HB1319 and SB1902 sought to make changes to how municipal retirement plans are
offered, organized, funded and administered. These bills were in response to the dire
financial straits faced by most local governments and the fact that pensions account for
about 10% of municipal budgets. Because of shrinking tax revenues and investment
losses, many cities are experiencing pension shortfalls and having to allocate general
revenue to meet this obligation.
Neither of the bills passed, but the Senate has indicated that an "Interim Report" will be
conducted to recommend legislative changes on how to more align public retirement
plans with those offered by private employers. Additionally, Florida TaxWatch has
assembled a 36 member task force on government cost savings with pension reform
being at the top of its agenda. After the November elections, with a new Governor and a
different Legislature, pensions are likely to get a major overhaul.
Some of the items under consideration are authorizing municipalities to establish defined
contribution retirement plans, modifying membership requirements for municipal Board of
Trustees, increasing requirements for police officer and firefighter member contributions,
tying pension increases to the consumer price index, calculating pensions only on base
salary, and increasing the retirement age.
This item was a priority of South Miami and was included in the "2010 Legislative Action Plan."
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Taxes
• Local Revenue Restrictions /TABOR
SJR2420 by incoming Senate President Mike Haridopolos called for a Constitutional
Amendment to limit state and local government revenues. There was no companion in
the House of Representatives. When the bill was heard in its first committee of
reference, Sen. Haridopolos amended it to only limit state, and not local government
revenues. The bill was not subsequently considered. It will again be on the legislative
agenda next year. Our report from last year details how passage of TABOR would
eviscerate South Miami's ability to operate an effective government.
This item was a priority of South Miami and was included in the "2010 Legislative Action Plan."
• Online Hotel Tax Collections
HB1231 and SB2436 would have overturned efforts to require online travel firms to pay
sales and tourist related taxes on the full price of rooms they book. The bills would have
defined an internet reservation service provider in a manner as to not require them to
remit said taxes.
• Tax on Communications and Utility Services
CS /SB2024 reduces the rate of the communications service tax from 6.8% to 6.65 %.
This reduction will reduce local government revenues, on a statewide basis, $2.3 million
in the 2010 -11 Fiscal Year and $2.5 million on an annual recurring basis.
• Taxation
CS /HB5801 directs the Department of Revenue to develop and implement an amnesty
program for taxpayers subject to state and local taxes. The program will be in effect for a
three month period beginning on July 151 of this year and shall apply to tax liabilities due
prior to that date. The Revenue Estimating Conference calculated that new revenues to
local governments will be, on a statewide basis, $7.1 million in the 2010 -11 Fiscal Year
and that $1.9 million of that will be on an annual recurring basis.
Erosion of Local Authority
• Growth Management
Section 46 of S131 752 stipulates that a development order issued by a local government and
local government building permits that have an expiration date from September 1, 2008 to
January 1, 2012 are extended for a period of two years after their previously scheduled date of
expiration. If a permittee, however, is in significant non - compliance after a warning letter or
other formal enforcement, then the extension does not apply. Finally, the bill makes clear that
any permit extension does not impair the authority of a county or municipality to require the
owner of a property receiving an extension to maintain the property in a safe and sanitary
manner.
• Sovereign Immunity
CS /SB260 raises the limited waiver of sovereign immunity applicable to the state, its agencies,
and subdivisions from $100,000 per individual claim and $200,000 per aggregate claims to
• Page
$200,000 per individual claim and $300,000 per aggregate claim on the collectability of any
tort claim.
• Local Government Prompt Payment Act
CS/HB1157 revises provisions in Florida's Local Government Prompt Payment Act
relating to the timely payment for purchases of construction services, the notification and
completion of the list of items required to satisfactorily complete the construction services
purchased by a local government (generally known as a "punch list "), and the resolution
of disputes. The legislation has been worked on for several years by lobbyists for local
governments and its most onerous aspects were removed. In summary, contractors are
now required to send to a local government an overdue notice for payment. If the notice
is not rejected by the local government within four business days after delivery, the
payment request is deemed accepted except for any portion that may be misleading.
The local government must identify a single employee or facility to which the contractor
submits its payment request and can reject the payment request within 20 days after
receipt.
• Outdoor Advertising
CS /CS /CS/HB1271 amends the statute concerning outdoor advertising but does not pre-
empt local regulation of outdoor advertising, including billboards, bus benches, or signs.
This item was a priority of South Miami and was included in the "2010 Legislative Action Plan."
• Bert J. Harris Act
No legislation was filed that weakens or removes the sovereign immunity provisions in
the Bert J. Harris Act.
This item was a priority of South Miami and was included in the "2010 Legislative Action Plan."
My team and I are privileged to represent South Miami and are proud of our history of
success. We are particularly appreciative of the Mayor, Vice Mayor, and Commissioners
Beasley and Harris joining us in Tallahassee to help advance the City's legislative agenda.
Please be assured that we will follow all of the budget and policy items and their
implementation and keep you abreast of any developments. As always, please do not
hesitate to contact me if you have any questions or desire additional information.
• Page 10
South Miami
M•AmerlaaCflp
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM zooi
To: The Honorable Mayor & Members of the City Commission
Via: Hector Mirabile, PhD, City Manager 111K
From: Alfredo Riverol, CPA, CrFA, Chief Financial Officer
Date: November 17`", 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
two (2) one year options to renew. The City's contract with the Consultant was approved by
Background: 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 2nd
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 31", 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, Inc. has provided and continues to provide
legislative (lobbying) services pursuant to the said contract; and
WHEREAS, the City of South Miami has determined that it will be in the public's
interest to extend the current contract to May 31', 2011 and authorize Gomez Barker Associates,
Inc. 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 31", 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:
City 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 311T, 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'h, 2004; and,
WHEREAS, extension of the City contract with the Consultant was then approved by City
Commission Resolution 196 -08 -12793 on December 2nd 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", 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 315f, 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.,
0
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 Gomez 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 tbisi�_ day of t4_ ✓ 12004.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
C T ATTO 'Y
", • e
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 1: The City Commission authorizes the City Manager to issue a letter to Gomez Barker
Associates Inc., Inc confirming 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
Lei nlwd&Loqj 9 Mal 0
day of, December 2008.
01" . J
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
0:305- 663 -6343
f:305- 663 -6346
p: 305 -216 -7598
ariverol()cityofsouthm iami.net
www.cityofsout mmiami.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
o: 305 - 663 -6343
f:305- 663 -6346
p: 305 -216 -7598
ariverol .cityofsouth m iam i.net
www.ciVofsouthmiami.net
11/17/2010