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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Hector Mirabile, PhD, City Manager f (
January 24, 2012
2001
II
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.
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 I O-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.
$12,000
Resolution
Contract extension to June 30, 2012
Lobbying Services Contract
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RESOLUTION ___ _
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 __ day of ____ --', 2012.
ATIEST: APPROVED:
CITY CLERK MAYOR
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READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
Mr. Hector Mirabile
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Dear Hector:
January 28,2012
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 th • Please sign in the space provided and forward an executed copy of this letter
for our files. Thank you.
~ ~;----.
Fausto B. Gomez
---------------70----I Hector Mirabile ( .) ~ _ i-~O~ .....
01_30-2 012 \ N
AGJ,{!j:EMENT FORPROFESSIONALSERVtcES
Agreement is made this Silt of MllfCh,2()Ubrtween T!J.e City of South 'Miami
(herein~ftef referred to .Ill! . "South MilllUi") and Gomez Barker Al;sodates, Jnc.,
(hereinafter referred to as "Gomez Barker'~.
\VfIEREAS, South MilllUi <\esires tllllt Gomez Barker make available its set:Yices
a,ssve(,li~ed in this <\Ocl1lUent,in support of its llovernment feJationS!)lld pul1!ic: affairs
·effotts; and
)ylij:lREA,S, Gomez Barker hasspecial.~tofessi91l81 {jlllllificatiollsitlslli4 sen;ces
and is willing and able to provide same undertlle tColqns !)Ilil·conditions set forth hi this
docmnetit;
NOW, THEREFORE, the parties do mutually agree as follows:·
'b ~everiod of this agreement shall be from MarchS th,2011 JllitilMarch 7'\2012,
inclusive. . Thia ;''.."gl,e~flt Willr~' ®>~~I'ally ~raRadditiaflal $'.Vi). (2)
ye<lfS, .at the .sfJ!e .. El1s<lffJdClfl ef$euihMiami,aHthe. . anniff~atyMt.e .1mIess
~~by .~.'./.J .~~ ...... ~ .. (3.~ El~y '.'llil:t6fl·l'!iltieetmi;lF tethe ~irati.*Elaw. (1r'" . r:
2; FC!f the.Perfol1)1;i11ce .of .... eserviees described in fu.e l'\ttac!J.edSc!J.eclule A <Sc;ope
of ... Work),. South Miami shall I>~y. GOffie~ Barker the compensation provided
for in theattac:hed Sc!J.edule 13 (Colllpensation).
3. Gomez Barket ilgrees topenorm its services Wj.th fu.at standard. of care,skill, lind
dlligenceno1'li18l1yprovidedby aprofeasioriill organlziltion In th'lprnormtm()'lof
simil~ services. It is understood that Gom'lz. 5~kermllstI>'lrf0rm. the. services
based, in part, on inforrnatlonprovi<!",d 'by South Millffii and GomeZ Barker shall
be entitled to rely on sllcl), ipforrnation.Gotnez Barker agrllesth!ttw'!Ysuc4
infoJ:mation provided to it shall only be used for the petfol'lllance of this
engagemellt. .
4.. It is under$toodlllld agreed that GotnezBarker Isacti.1lll Ill! ap independent
conttactof.and not as llll emp!oyee of South Miami.
5. Gomez Barker ~ees that illl :acts tob.e perfqqxied by Ifip cOnnection With this
Agteellimtl1lust 1)e penorrnedins!!,ict collfoJ:mitY with all ~licab1e lawstmd
regulations of federill, state, tmd locill jurisdictions.
6. South Millffilnwy t.eJ:minate t!J.is ... A,greeffi~ntfor cause.. A terminiltion forc.a.use
ffi8,Y0(l(,lut d.1l1l to: 1) Gqmez Barker's willful.miscon<iJlct .. or lltqssnegligellce;. or
2) Gomez. Barker'sconsc.iOlls <!isr'lgard 9fitsoblig~tjons hereunder or of $II1Y
other <!utlesreetsqnablYlll!signed by South Miami. Such termination $!J.alI not be
effe()uYe if tI1~t~Il\lse 4a~ been remedied within thirty (3D) days after Goniez
Barker receives Written notice.
7. Awruver by. eitl1er p!!rly olany of the tetins and c?itdiuons, provisions, or
covenattts of this Agreement in any instan¢e shalJ not be deemed Of c()!l?trued.to
be. II waiV¢f of any $uch Illrm,c?!ldition, provisi()n, or covenant for the future, .or
ofl\IlYsubsequent br~h of same.
8. This AgreementcoliStitu~s tI1e¢ntireagfeeme!lt between the partiesl\Ild
supersedesllllotl1er agreements· or tiridefStalldings, Wiittenor oral, prior to the
sigrullgOfthis document.
9 . The lllWs oftpe St$ Of florida govern allquestiorts with respect to this
Agreement, and the rights and liabilities of the parties.
IN WITNESS Vi1:IPRE9f, tI1epatiies have caused this Agreenient to be dIily
executedlhe day and yelU' fitstabove written
~ ~£2 ..
Hector Mirabile, PhI).
~
Fausto B.Gomez
SCHEDULE A
This sets forth the planned work content in accordance with the tenn 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 govennnent works and having access to
infonnation 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 detennine Wl1at issues or initiatives they are planning or
are of concem. 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 fonnuiating 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 fur 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
fu llow-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, andlor arrange for South Miami officials
or staff to testify. Additionally, Gomez Barker subscribes to a comprehensive
leglslative data service that fumishes 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 fum 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.
Reporting -Fast and accurate reporting about the status of leglslation, budget
requests, or any other important issue will be > through written progress
reports, meetings, andlor telephone contact.
Public Affairs -Gomez Barker will promote South Miami and its agenda to
leglslators, legislative staff, and executive officials so that a full
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.
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 1st 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
this document. Gomez Barker will provide any and all documentation in
connection with any reimbursable expenses incurred.