16To:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
South Miami
bOd rqw
2001
From: Hector Mirabile. PhD. City Manage~1
July 9,2012 ( "( Date:
SUBJECT: A Resolution authorizing the City Manager to enter into a 3-year
agreement with , for Lobbying Services as required
by the City.
BACKGROUND: A solicitation was advertised for Lobbying Services for a 3-year term as our
current agreement with Gomez Barker Associates Inc. expired June 30, 2012. It is
important that the City has continued representation at the various state
legislative sessions to ensure our political and financial positions are represented.
Two proposals were received:
Year I Year 2 Year 3 Total
Colodny, Fass, T alenfeld: $40,000 $42,500 $45,000 $127,500
Karlinsky & Abate PA
Gomez Barker Associates: $48,000 $48,000 $48,000 $144,000
A review of the low bidder indicates they have limited experience with Cities and
Counties. Gomez Barker, our current lobbying firm, has more experience with
Cities and Counties and an excellent leadership team. Gomez Barker served the
City well since March, 20 I I; but, their proposal is $16,500 higher over the low bid
3-year agreement.
Staff attempted to secure additional proposals through notices to lobbying firms,
Miami Dade County League of Cities, Florida League of Cities and postings on
Demand Star, an on-line bid posting service, and the City's website.
The City relies on lobbying services to ensure the City is successful in securing
appropriations and funding from the State of Florida. Staff recommends the
Commission review each proposal and award the Lobbying Services Contract by a
majority vote.
EXPENSE:
SUPPORT:
$XXX,XXX Over a three-year term to account no. 001-1310-513-3450 with a
one-year fiscal year balance of $48,0 I 1.90
Resolution
Bid Opening Report
Proposals
RFP Advertisements
Request for Proposal
2
3
4
5
RESOLUTION NO.: _________ _
A Resolution authorizing the City Manager to enter into a 3-year agreement with
_______ for Lobbying Services as required by the City.
6 WHEREAS, the City accepted sealed proposals for Lobbying Services; and
7
8 WHEREAS, the City received proposals from Colodny, Fass, Talenfeld, Karlinsky and
9 Abate, PA and from Gomez Barker Associates Inc.; and
10
11 WHEREAS, the proposal from Colodny, Fass, Talenfeld, Karlinsky and Abate, PA is
12 $127,500 and Gomez Barker Associates Inc. proposal is $144,000 over a 3-year term; and
13
14 WHEREAS, the proposal from Colodny, Fass, Talenfeld, Karlinsky and Abate, PA is the
15 low bidder by $16,500; and
16
17 WHEREAS, the City relies on lobbying services and representation to ensure the City is
18 successful in securing appropriations and funding during the State of Florida legislative sessions.
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
21 CITY OF SOUTH MIAMI, FLORIDA:
22
23
24
25
Section 1. The City Manager is authorized to enter into a 3-year agreement with
26 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is
27 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
28 shall not affect the validity of the remaining portions of this resolution.
29
30 Section 3. Effective Date: This resolution shall take effect immediately upon approval
31 by the City Commission.
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36
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PASSED AND APPROVED this __ day of _____ ,' 2012.
ATIEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATIORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Harris:
Commissioner Newman:
Commissioner Welsh:
X:\Purchasing\Request for Proposals & Qualification (RFPs)\Lobbying Services\RFP 20 12\Resolution\CA
Approved 6.29.12 Resolution Lobbying Services 6 25 12.doc
36SE I SUNDAY, JULY 15, 2012 SE MiamiHerald.com I THE MIAMI HERALD
NEIGHBORS CALENDAR
• CALENDAR, FROM 35SE attractions that Jungle Island has to Bay. free to the public.
offer and cool off on our private Meditation with Yoga: Ongoing
beach, La Playa.. classes for clear thinking, energy,
to arts and crafts lessons plus 10 a.m. July 15. Jungle Island, 1111 improved health and inner peace,
discounted specials from stores like Parrot Jungle Trail, Watson Island. with certified instructor Lawrence
Cool de Sac, Bass Pro Shop, Dave & $24.95 -32.95. 305-400-7000. Huff. Classes are offered in English
Buster's and others.. www.jungleisland.com. and Spanish.
_ MiamiHerald.com/
.. calendar
Search hundreds more events
in your area and beyond.
7 p.m. July 16. Dolphin Mall, 11401 Karate Classes: Free Karate Classes 7 p.m. July 18. West Dade Region-pen makers as Delta, Conklin, Mon-
NW 12th St,. 305-445-7550. offered for both Children and Adults al Library, 9445 Coral Way,. free. teverde, Montegrappa, Visconti,
www.shopdolphinmall.com.atRangePark..305-926-3578.Stipula. Sheaffer, Aurora and many
Florida Association of Insurance 6 p.m. July 16. Athalie Range Park, www.ilovemeditation.net more ..
Agents Launch SmartStart4Kids 525 NW 62nd St., Little Haiti. Free. Miami Heat Star James Jones 11 a.m. July 20. Marriott Miami
Back-To-School Drive: The FAIA is Kendall Yogurtini Family Fun Hour: Basketball Camp: For kids 8-19 to Dadeland Hotel, 9090 S. Dadeland
hosting a donation drive for school Yogurtini Kendall hosts Family Fun learn the fundamentals and best Blvd.,. 1 day pass $10, 2 day $15,
supplies. The following locations are Hour every Saturday from 3 -4 p.m. shooting techniques fomr an NBA 3-day trader pass $45 (children
partnering with FAIA as local dona-from June 16 -July 28. There are 3PT shooting champion.. under 13 free).
tion recipients: games, balloons, and $3 froyo for 5:30 p.m. July 16. Belem Jesuit Miami Southridge Class of '87
Collinsworth, Alter, Fowler & everyone.. Preparatory School, 500 SW 127TH Reunion: The 25 Year Reunion for
French, LLC.. 7 p.m. July 21. Yogurtini Kendall, AVE, Sweetwater Estates. Price not the Miami Southridge Class of '87
7 a.m. July 16. ISure Insurance 14607 SW 104th St. Ste 3A" Devon-provided by person posting. will take place July 21, 2012 at the
Brokers, 2700 SW 137th Ave". FREE. Aire Estates. No cost. 305-385-6200. 786-344-0377 or email Carlos@mi-Peacock Garden Cafe in Coconut
305-444-8350; 305-262-0086. www.yogurtini.com/locations/.amiallstars.org. Grove starting at 6PM. For more
www.faia.com. Ufe Is Art and Robin Rile Fine Art www.miamiallstars.org. information and to register, alumni
Happy Hour at Novecento Brickell: 2012 Summer Show and Celebration Miami Jazz Society FREE Weekly can visit our website at www ..
Two-far-one promotion featuring Party: Film Series: "A Separation" (Drama) 6 p.m. July 21. Peacock Garden
signature drinks, house brands, wine 9 p.m. July 21. Cafeina Wynwood "Sideways" Cafe, Coconut Grove, Southwest
and beer. Beer of the Month avail-Lounge, 297 NW 23rd St., Wynwood. (Comedy/Drama/Romance) Coconut Grove. $27. 786-529-0314.
able every day two for one until 7:30 Made in the USA: Celebrate America Please visit website for complete www.southridgealumni.com.
pm.. during our month of Independence synopsis of films.. Mixology Boot Camp: Learn to
4 p.m. July 15. Novecento -Brick-at this Arts & Crafts showcase at 6 p.m. July 17. The Miami Tower, create drinks from experts ..
ell, 1414 Brickell Ave., Brickell. Southland Mall, featuring items 100 SE Second St" Downtown Miami. 6 p.m. July 19. Dal Taro, 719
305-403-0900. www.novecento.com. made right here in the USA. A great free. 305-684-4564. Lincoln Rd" Miami Beach. $50.
Jungle Island Unveils the Summer shopping opportunity for unique www.miamijazzsociety.com. 305-964-8106. www.funclasses.com.
Pass: Starting July 1st, purchase a gifts, there will also be delicious Miami Pen Show: Buy, sell, trade. NAIOP South Florida: The Next
one day park admission and get an food, lively music and activities for See the finest collection of fine Generation of Industrial: The Next
upgraded pass valid through the end the kids_ writing instruments from around the Generation of Industrial-Fueled by
of 2012! With this fantastic pass, you 10 a.m. July 20. Southland Mall, world including modern and vintage. expansion of the Panama Canal, a
can enjoy all of the many shows & 20505 South Dixie Highway, Cutler Fountain pens from world renowned booming cargo business at Miami
;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;llnternational Airport and rapidly
II I rising fundamentals, South Florida's
i industrial landscape is lighting up I with new industrial projects ..
11:30 a.m. July 19. Prolog is, 12650
NW 25th St.,. $40. 954-990-5116.
www.naiopsfl.org.
Sixteenth Annual Summer Fun Run:
Archbishop Curley Notre Dame Prep
is hosting a weekly run for the
community from Miami Shores
Community Center and Park
Avenue_
6:30 p.m. July 17. Archbishop
Curley Notre Dame Prep and Middle
School Academy, 4949 NE Second
Ave., Little Haiti. Free. 305-751-8367.
www.acnd.net.
Summer Spoke Bike and Swim Tour
Series: Starts at the museum and
ends at the Venetian Pool for an
optional swim (not included in fee).
Bring bike lock, ID and bathing suit.
Includes visit to the Merrick House.
10 a.m. July 15. Coral Gables
Museum, 285 Aragon Ave., Coral
Gables. $10; $5 for Museum mem-
bers. www.coralgablesmuseum.org/.
Thirsty Thursday at db Bistro
Moderne: Join db Bistro Moderne
5-8 pm every Thursday for Thirsty
Thursdays with sounds by Michael
Sarysz. Enjoy $7 specialty cocktails
like The Diego made with Stoli
Vodka, yellow chartreuse, cucumber,
and lemon or the Stoli Elit Filthy
Martini with gourmet blue cheese
and gherkin olives ..
5 p.m. July 19. Db Bistro Moderne
At The Jw Marriott Marquis, 255
Biscayne Blvd., Downtown Miami.
West Miami Home Show: Home
decor, remodeling & improvement
vendors, food trucks, kid zone and
family fun. Free admission and free
parking. For more information
305-960-2000 ..
7 p.m. July 15. Miami-Dade County
Fair and Expo Center, 10901 SW 24th
Street, University Park.
Wine by the Bay Presents "An
Evening of Wine Mixology": Learn
to make wine-based cocktails that
are stunning yet not too complicated
to make at home ..
7 p.m. July 20. Wine by the Bay,
888 Biscayne Blvd. Suite 112, Park
West. $20. 305-455-9791. RSVP
required. www.winebtb.com.
Women Only Yoga Class: Designed
to align, strengthen, open, inspire.
First class is half off ..
TI a.m. July 17. Yoga That, 465 W.
41st St" Miami Beach. $17.
786-372-9430. www.yogathat.com.
Zumba GOLD: Zumba by Fabi. Enjoy
a 45 minute fun exercise class with
low impact workouts for ACTIVE
Seniors.
9:30 a.m. July 21. Edward & Arlene
Feller Community Room & Amphi-
theater at Ludovici Park, 17641 Old
Cutler Rd., Palmetto Bay. $4 per
session. 305-234-6383.
www.palmettobay-fl.gov.
Zumba in Cutler Bay: Come and
enjoy Zumba dancing and exerciSing
with others in Cutler Bay ..
7 p.m. July 18. Cutler Ridge Park
and Pool, 10100 SW 200th St., Cutler
Bay. $5. 386-25ZUMBA.
www.zumbawithfabi.com.
CONFERENCES & TRADE
SHOWS
Univ of Florida Alumni Association's
Leadership Forum: Florida Forward:
Calling all Gators! Join us for this
three-day conference, bringing local,
state, and national leaders of the
University of Florida together for the
purpose of fostering collaboration,
enhancing leadership abilities, and
inspiring excellence ..
8 a.m. July 15. Fontainebleau
Miami Beach, 4441 Collins Ave"
Miami Beach. $100 UFAA Members,
$140 for Non Members.
352-392-1905. www.ufalumni.ufl.edu. CITY OF SOUTH MIAMI
COURTESY NOTICE II i I ETHNIC & CULTURAL
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will
conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday,
July 24. 2012, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive,
to consider the following item(s);
l' A Resolution authorizing the City Manager to enter into a 3-year agreement wit'h\
__________ for lobbying services as required by the City. I
A Resolution related to the request for a variance from Section 20-3.5 of the City's
Land Development Code; requesting a variance of eight feet four inches (8.33 feet)
from the required sixty (60) foot lot frontage, to construct LEED Certified affordable
housing on a nonconforming lot of record in an RS-4 zoning district. 6501 SW 60th
Avenue.
ALL interested parties are invited to attend and will be heard.
For further informatjon, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made
by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need
a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and evidence upon which the appeal is to be based.
CITY OF SOUTH MIAMI
NOTICE OF FY 2012-13
MILLAGE (TRIM NOTIFICATION)
WORKSHOP
NOTICE is hereby given that the City
Commission of the City of South Miami,
Florida will hold a Millage (Trim Notification)
Workshop for the FY 2012-13 Budget
on Tuesday, July 17, 2012, beginning at
6:30 p.m., in the City Commission Chambers,
6130 Sunset Drive.
All interested parties are invited to attend.
Maria M. Menendez, CMC
City Clerk
City of South Miami
Institute of Maya Studies: Victoria R.
Bricker talks about "Blon Octe and
Venus in the Dresden Codex.".
7 p.m. July 18. Miami Science
Museum, 3280 S. Miami Ave" Crafts.
$6. 305-279-8110.
www.instituteofrnayanstudies.org.
Tomeo de Domino: Puerto Ricans
Organized Overseas in Florida
(PROOF) will be hosting its Tomeo
de Domino at the U.S.Coast Guard
Rec Area, 16001 SW 117 Avenue,
Miami, on Sunday, July 22, 2012, from
1 PM ..
1 p.m. July 22. USCG Communica-
tion Station, 16001 SW 117 Avenue,.
$5 members and children nine years
old or less; $10 guests and children
10 years or older. 786-261-1133;
305-491-1863; 305-477-6116;
305-223-621B. www.proofi990.com/.
DANCE
Karaoke Night BBQ @ The Winery:
·1 Back by popular demand! Join us for
a very special Karaoke Night! The DJ
will keep you on the dance floor
while you build up the courage to
step on stage. A night full of danc-
ing, singing and fun; what more
could you ask for!.
6 p.m. July 20. Schnebly Redland's
Winery, 30205 SW 217th Ave"
• TURN TO CALENDAR, 37SE
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -JULY 24, 2012
in the XXXX Court,
was published in said newspaper in the issues of
07/13/2012
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
oew<papec,ff.
Swom to and subscribed before me this
13 day of JULY ,A.D. 2012
(SEAL)
V. PEREZ personally known to me
~_J'. '~~ .. ,. "It\,. Notary Public Slate of Florida
_ Charyl H. Marmer
~~ .. Or f' cI My Commlssion 00793490 ," . __ • Expires 07/1812012
.~---:-~...:..:..:.::.::.::.:....-
BID OPENING REPORT
RFOs were opened on: Friday, June 1, 2012
For: Lobbying Services
RFPs WERE RECEIVED FROM THE FOLLOWING COMPANIES: TOTAL:
1. COLODNY, FASS, TALENFELD, KARLINSKY, ABATE
2. GOMEZ BARKER ASSOCIATES, INC.
THE ABOVE PROPOSALS HAVE NOT BEEN CHECKED.
THE PROPOSALS ARE SUBJECT TO CORRECTION AFTER THE PROPOSALS HAVE BEEN
COMPLETELY REVIEWED.
City Clerk's Sign:_LI:I-¥·~'---*"~ __ Witn¢;; Wi .. ",: /U#
City of South Miami
Office of City Clerk
South Miami City Hall
6130 Sunset Drive
South Miami, FL 33143
COLODNY
FASS
TALENFELD
KARLINSKY
ABATE
COLODNV
FASS
TALENFELD
KARLIN SKY
ABATE
Response to City of South Miami
Lobbying Services RFP
June 1,2012
Table of Contents
Letter of Interest-Pages 3-4
• Persons Authorized to Represent the Company-Page 5
Qualifications and Experience
• Brief Discussion of Company's Understanding and Approach-Pages 6-7
• Additional Information on Qualifications and Experience-Pages 7-9
Resume of Individuals Who Will Work on City Matters-Pages 10-11
• Additional Information About Colodn", Fass, Talenfeld, Karlinsky & Abate-Pages 12-13
List of Individuals or Companies With Which the Respondent Has a Similar Contractual
Relationship or Affiliation-Page 14
• Additional Information on Past Clients-Page 15
• Disclosure of Any Relationships With the City Commission-Page 15
References to Similar Commitments-Pages 16-17
Attachments
2
COLODNY
FASS
TALENFELD
KARLINSKY
ABATE
Response to City of South Miami
Lobbying Services RFP
June 1,2012
June 1, 2012
Ms. Maria M. Menendez, City Clerk
City of South Miami
South Miami City Hall
6130 Sunset Drive
South Miami, FL 33143
Dear Ms. Menendez:
Letter of Interest
The governmental law firm of Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A. has reviewed the "Scope and
Purpose" and "Specific Duties and Responsibilities" as set forth in the City of City of South Miami's Lobbying
Services Request for Proposals and addenda, and is prepared and fully capable of providing all of the
required services in a timely, efficient and effective manner.
We are prepared to render the required services at all times during the contract term and specifically during
sessions of the Florida Legislature, committee weeks, or at such times as advocacy of the City of South
Miami's goals or objectives requires interaction with state or local legislative or executive officials.
Named as one of Florida Trend's top five 2011 Florida lobbying firms, Colodny, Fass, Talenfeld, Karlinsky &
Abate is highly experienced and ready to represent the interests of the City of South Miami before Florida's
Legislature, Executive Branch and regulatory agencies.
With a 40-year history in Miami-Dade County, our Firm has developed a hands-on ability to deal with the
diverse types of issues affecting a municipality such as South Miami.
As former four-term Mayor of the City of North Miami, I was instrumental in shepherding the type of
infrastructure and economic development that spawned not only soaring institutions such as Florida
International University and the Museum of Contemporary Art, but as an elected city official, I effectively
learned the significance of municipal issues such as traffic control, law enforcement, water management,
energy efficiency, pension funding, parks and recreation, and municipal relationships with County, state and
federal authorities.
Tom Gallagher, a resident of Coconut Grove and Tallahassee, Florida, who served as Florida's first elected
Chief Financial Officer, joined the Firm in January 2012. Mr. Gallagher, a University of Miami graduate, also
served the State of Florida as a six-term State Representative from Miami-Dade County. He went on to
become Secretary of the Department of Business and Professional Regulation, Commissioner of Education
and Florida Insurance Commissioner. Known and respected in Tallahassee on a bipartisan basis, Mr.
Gallagher affords a high-level understanding of municipal issues that can only have been gained from over 30
years of legislative and regulatory experience.
Together with Mr. Gallagher, I will provide the point representation to the City of South Miami, as well as be
available for meetings as needed or directed.
Colodny, Fass, Talenfeld, Karlinsky & Abate's knowledge of municipal needs also was enhanced several years
ago with the addition to the Firm of former Florida League of Cities Assistant General Counsel Timothy
Fordham Stanfield.
(Continued)
3
COLODNY
FASS
TALENFELD
KARLINSKY
ABATE
Response to City of South Miami
Lobbying Services RFP
June 1,2012
Letter of Interest (Continued)
A lobbyist with longstanding experience in representing the interests of local government, Mr. Stanfield is
experienced in matters relating to municipal utilities, transportation, water and wastewater, growth
management, affordable housing, recycling and solid waste. Specifically, he understands the overarching
issues affecting municipalities in the defense of home rule and protection from legislative preemptions and
unfunded mandates.
With Tallahassee Shareholder Katie Webb recently having been named as "Most Effective Lobbyist" by a
major statewide association, the City of South Miami can be assured that Colodny, Fass, TaJenfeld, Karlinsky
& Abate is highly skilled in handling legislative issues that are vital to the operation of municipalities.
Colodny, Fass, Talenfeld, Karlinsky & Abate has grown its strong bipartisan relationships with state legislative
and executive leadership over decades. The Firm has worked closely with Governor Scott, members of the
Florida Cabinet, the Senate President and Speaker of the House, as well as agency directors and regulators to
advocate clients' interests and achieve their goals.
Despite the tight state budget parameters of the past several years, the Firm has been instrumental in both
obtaining and increasing millions of dollars in state legislative appropriations to fund economic development
programs and incentives that continue to benefit its clients.
We welcome and encourage inquiry to any elected officials, or other members of Florida's Executive,
Legislative or regulatory leadership as to our abilities and integrity.
Colodny, Fass, Talenfeld, Karlinsky & Abate seeks every day to earn the confidence placed in us by our clients
and look forward to representing the City of South Miami. Should you need additional information, please
do not hesitate to contact us.
4
COLODNV
FASS
TAlENFElD
KARLINSKY
ABATE
Response to City of South Miami
Lobbying Services RFP
June 1, 2012
Give the name(s) of the person(s) who will be authorized to make representation
for the Company, their title, phone number and email address:
Mike Colodny, Esq., Managing Partner
Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A.
One Financial Plaza, 23,d Floor
100 S.E. Third Ave.
Ft. Lauderdale, FL 33394
Telephone: (954) 492-4010
Email: mcolodny@cftlaw.com
The Honorable Tom Gallagher, Governmental Consultant
Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A.
One Financial Plaza, 23 rd Floor
100 S.E. Third Ave.
Ft. Lauderdale, FL 33394
Telephone: (954) 492-4010
Email: tgallagher@cftlaw.com
Katherine Scott Webb, Esq., Shareholder
Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A.
215 South Monroe Street, Suite 701
Tallahassee, Florida 32301
Telephone: (850) 577-0398
Email: kwebb@cftlaw.com
Timothy Fordham Stanfield, Esq., Associate
Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A.
215 South Monroe Street, Suite 701
Tallahassee, Florida 32301
Telephone: (850) 577-0398
Email: tstanfield@cftlaw.com
5
co LOONY
FASS
TALENFELO
KARLINSKY
ABATE
Response to City of South Miami
Lobbying Services RFP
June 1,2012
Qualifications and Experience
Provide a brief discussion of the Company's understanding and approach to the
work described in the RFP.
Colodny, Fass, Talenfeld, Karlinsky & Abate is experienced and highly capable of providing all of the
professional lobbying services required by the City of South Miami for effective state executive, legislative,
regulatory and local lobbying .. We understand theissues that are vital to the operation of municipalities.
The ability to provide crucial strategic advice and analysis to a client on a timely basis is contingent upon
substantive communication existing between the client and its governmental and regulatory representatives.
Colodny, Fass, Talenfeld, Karlinsky & Abate seeks to provide as much information as possible to its clients, so
they can make informed decisions and impart comprehensive directions to the Firm. In formulating any
legislative or regulatory strategies, the Firm understands our role as the client's representative. Experience
has shown that, before we can advocate, we must take the time to educate members of our team on the
client's goals and objectives.
In our overall approach to meeting the legislative, budgetary, and policy needs of the City of South Miami,
Colodny, Fass, Talenfeld, Karlinsky & Abate would first begin by educating our team through learning,
discussing and further developing the City's position and objectives on pertinent issues with the appropriate
City representatives to not only familiarize our team with the City's goals and objectives, but also to create
priorities and strategies. To do so, we would hold personal meetings with the City Commission or their
designees in the coordination and development of the City's legislative program. It is at this juncture that
the logistics for ongoing productive communication will be firmly established.
Consideration will be given to legislative policy statements adopted by the Florida League of Cities, as well as
the policy statements of other local government lobbying groups for the purpose of identifying issues that
may impact the City in seeking to gain strategic parameters to support pursuits of the City of South Miami.
Through our representation of Broward League of Cities, the Firm has solid understanding and close
familiarity with the Florida League of Cities legislative platform, and will be able to apply that knowledge to
facilitate and more rapidly advance the City of South Miami's own interpretation of that agenda. In addition,
the Firm will lobby and coordinate with the Miami-Dade Delegation to create productive communication
with the City's local representatives.
Consensus building and the development of strategic relationships and partnerships is imperative to achieve
any type of legislative success. To implement the City of South Miami's governmental strategy, the Firm and
its lobbyist team, the members of which are highly experienced and influential individuals, will provide the
executive, legislative and regulatory access to Legislative leadership and Executive Branch decision makers
needed by the City of South Miami in order to successfully advocate the City's goals and objectives.
When working with lawmakers and regulators, Colodny, Fass, Talenfeld, Karlinsky & Abate has learned that it
is imperative to put I'a face" on a client. Therefore, we recommend the facilitation of meetings with key
legislators, regulators and members of the Executive Branch and Cabinet. We have experience in arranging
such meetings and visitations, and have found that they pay dividends when pursuing clients' goals.
Upon request or as recommended, we will attend any meetings of the City CommisSion, including special and
emergency meetings and others as directed.
6
COLODNV
FASS
TALENFELD
KARLIN SKY
ABATE
Response to City of South Miami
Lobbying Services RFP
June 1,2012
Provide a brief discussion of the Company's understanding and approach to the work described in
the RFP (Continued)
On a continuing basis, we will review all existing and proposed State policies, programs and legislation, with
the goal of identifying those issues that may affect the City or its citizens and report same to the City to
obtain its input and direction. In providing expert advice on any and all applicable federal, state and local
legislation, and advice on any and all general questions concerning lobbying-related matters, Colodny, Fass,
Talenfeld, Karlinsky & Abate lobbyists typically work with their litigation and regulatory counterparts to
ensure that clients are provided with added insight and perspective when needed.
Both during and in advance of Legislative Sessions, the Firm will monitor state legislative committee
meetings, state agency hearings and related meetings at which specific issues within the City's adopted
legislative program are considered, as well as meetings in which other pertinent issues may arise.
After all input is taken into account, we will assist in developing and evaluating strategy for the support,
opposition or amendment of pending legislation.
Our lobbyists are accustomed to promoting, opposing and seeking passage of legislation, as well as
experienced in testifying and advocacy at public meetings during Florida Legis.lative Sessions, as well as
committee meetings and local meetings of the Miami-Dade County Legislative Delegation. On a regular
basis, we participate in, and provide testimony at state agency hearings, rule making proceedings and other
administrative agency or legislative meeting.
Upon request by the City, Colodny, Fass, Talenfeld, Karlinsky & Abate is prepared to assist the City in
coordinating applications and handle the processing of State permits and grants.
Additional Information On Qualifications and Experience
Political Access and the Ability to Effectively Represent A Client
As noted in our Letter of Intent, we welcome any inquiry to the Governor, Cabinet Members, Florida Senate
President, Florida Speaker of the House, Legislators, or other members of Florida's Executive Branch,
Legislature or regulatory leadership as to our abilities and integrity. Attached hereto is a Legislative Guide
distributed by Colodny, Fass, Talenfeld, Karlinsky & Abate to its clients that contains complete contact
information for these elected officials, as well as Legislative Staff Members.
Through Colodny, Fass, Talenfeld, Karlinsky & Abate's experience and longstanding bipartisan relationships,
the Firm has discovered that "it is not whether or not we know legislative leadership, but rather, it is more
important that legislative leadership knows and respects us."
Given the advent of term limits and the ensuing high turnover of legislators, Colodny, Fass, Talenfeld,
Karlinsky & Abate has cultivated a practice of seeking out and developing relationships with potential leaders
before they inure to the mantle of leadership. To foster these needed relationships in advance of Florida's
Legislative Session, Colodny, Fass, Talenfeld, Karlinsky & Abate lobbyists regularly visit with lawmakers at
their local district offices throughout the state to discuss our clients' priorities and objectives. Based on the
results of these discussions, further meetings are arranged between clients and specific legislators.
(Continued)
7
COLOONY
FASS
TALENFELD
KARLINSKY
ABATE
Response to City of South Miami
Lobbying Services RFP
June 1,2012
Political Access and the Ability to Effectively Represent A Client (Continued)
With 40 Senators and 120 House members representing 67 counties, the Florida Legislature is a diverse
amalgamation of political and geographic interests. In order to best meet clients' needs and accomplish
activities that assist in gaining the necessary support, Colodny, Fass, Talenfeld, Karlinsky & Abate spans the
state of Florida, with its Tallahassee office directly adjacent to Florida's Capitol and headquarters in Fort
Lauderdale.
In testament to the trust placed in us by legislative leaders, high-ranking House and Senate members
typically serve as guest speakers at an annual client conference held by Colodny, Fass, Talenfeld, Karlinsky &
Abate.
At the 2012 conference, Florida Governor Rick Scott served as Keynote Speaker, and Florida Chief Financial
Officer Jeff Atwater served as a Special Guest Speaker. We have also honored by the attendance of other
Cabinet members, state lawmakers and regulators from Florida and throughout the nation. Many
Legislators and Executive leaders appeared on discussion panels or at other conference functions.
The Importance 0/ Communication
Colodny, Fass, Talenfeld, Karlinsky & Abate fully understands the need for municipal administration and
elected officials to have real-time information from their on-the-ground lobbyists.
All Colodny, Fass, Talenfeld, Karlinsky & Abate lawyers, lobbyists, governmental consultants and
communications team espouse a 24-hour, 365-day work ethic and take pride in being available to serve
clients with immediacy and urgency as required. Client reports and communication are one of our
cornerstones; customized programs are implemented to effectively produce and distribute updates as
needed.
Because we have long recognized the critical need for immediate communication, Colodny, Fass, Talenfeld,
Karlinsky & Abate specializes in written reports and employs a full-time communications staff whose primary
function is the preparation and distribution of client-specific communications, reports and related
information.
On a daily basis, the Firm routinely receives and reviews local, state and national legislative and
administrative updates and has extensive access to legal and other information pertaining to local and state
government, as well as executive and administrative governmental agencies. Such reports may include, but
not be limited to, personal briefings and information bulletins pertinent to any legislation, rules, or
regulations, and other state policies or programs that could affect the City and its citizens either directly or
indirectly.
As a matter of course during legislative sessions, our lobbyists will prepare and submit a written summary
report at the end of each week detailing legislative action taken during the week, status of legislative issues
and anticipated action during the upcoming week. Also, we will provide a written report that summarizes
the status of the City's legislative priorities within the timeframe as outlined by the RFP. Periodic written
reports on issues of interest or concern to the City will be provided at least monthly during those months
that the Legislature is not in Session.
(Continued)
8
COLODNY
FASS
TALENFELD
KARLINSKY
ABATE
The Importance 0/ Communication (Continued)
Response to City of South Miami
Lobbying Services RFP
June 1,2012
Further, our Tallahassee office maintains ample work space for clients such as representatives of the City of
South Miami who come to Tallahassee. The space includes private offices, computers loaded with up-to-date
software, video conferencing, large document reproduction and administrative services.
Examples 0/ Major Successes
Examples of Colodny, Fass, Talenfeld, Karlinsky & Abate's major legislative successes during recent years are
listed below:
Insurance: Colodny, Fass, Talenfeld, Karlinsky and Abate was the driving force behind 2011's comprehensive
property insurance reform legislation, SB 408. Working in concert with Senate Banking and Insurance
Chairman Garrett Richter, our team was able to craft and pass legislation that was over two years in the
making, and that has been characterized as "monumental" by the international insurance community in
seeking to combat fraud and reduce auto insurance rates.
Economic Development: Colodny, Fass, Talenfeld, Karlinsky & Abate has represented the Florida Economic
Development Council on all of its Legislative and Executive branch needs. This included all appropriations
and regulatory issues, in addition to assisting with communications and member marketing efforts
specifically targeted to the Florida Legislature.
Colodny, Fass, Talenfeld, Karlinsky and Abate was instrumental in the doubling of Florida's Road Fund, a
priority of the Florida Economic Development Council, to $20 million. In 2010, for the third consecutive year,
Colodny, Fass, Talenfeld, Karlinsky, and Abate was responsible for maintaining Florida's Road Fund
appropriation at $20 million. Funding also was achieved for Florida's Economic Development Tool Kit,
including Rural Infrastructure funding at $4.7 million, defense infrastructure funding at $10.6 million and
Military Base Protection at $250,000.
Working together in a tight budget year with Workforce Florida leadership, and through formal alliances with
the Florida Chamber, Enterprise Florida and others, the Firm successfully ensured the continuation of funding
for Florida's Quick Response Training Program at $5 million and maintained funding for the Incumbent
Worker Training Program at $2 million.
Public Finance and Taxation: In representing the School Board of Broward County, Mr. Colodny and Mr.
Karlinsky were responsible for drafting and passage of a legislative provision that gave all Florida school
boards more flexibility to use a portion of the 2 mil ad valorem funding mechanism for certain operating
expenses. For Broward County, that meant an additional $26 million in revenue that would not have
otherwise been available.
Public Safety: While representing the Florida Police Chiefs Association, Colodny, Fass, Talenfeld, Karlinsky &
Abate prevented a recommended reduction to the Florida Department of Law Enforcement Crime Labs
budget in the amount of $1 million. Previous legislative successes'on behalf of the Florida Police Chiefs
Association include facilitating the passage of SB 1030, which increased the amount of training dollars
available for law enforcement.
9
COLODNY
FASS
TALENFELD
KARLfNSKY
ABATE
Response to City of South Miami
Lobbying Services RFP
June 1,2012
A resume of the individual(s)/Company; who will work on City matters and a
statement identifying the individual(s) who will attend meetings and have primary
responsibility for City matters and whether the individual(s) represents other
municipalities.
Mr. Gallagher and Mr. Colodny will share primary responsibility for City 0/ South Miami matters, as well as
attending related meetings. While Colodny, Fass, Talen/eld, Karlinsky & Abate does continue to represent the
legislative interests 0/ its client, the Broward League 0/ Cities, neither the Firm, nor its individual members
represent any individual municipality.
All Colodny, Fass, Talenfeld, Karlinsky & Abate lobbyists are well-versed in bill and amendment drafting,
appropriations, tracking legislation, regulation development, bi-partisan resolution and all other components
of lobbying and effective governmental representation before the Legislative and Executive branches of
government.
Veteran Florida lawmaker and former Florida Chief Financial Officer and Insurance
Commissioner Tom Gallagher, who joined Colodny, Fass, Talenfeld, Karlinsky & Abate as a
Governmental Consultant in 2012, will share primary responsibility for matters pertaining to
the City of South Miami with Firm Managing Partner Mike Colodny. Mr. Gallagher, who has
long dealt with the Florida legislative and regulatory process, has been involved in the
highest and most complex levels of public policy issues through decades of government
administrations. A University of Miami graduate and Coconut Grove reSident, Mr. Gallagher
was first elected to the Florida House of Representatives from Miami-Dade County in 1974 and spent 13
years in the Florida Legislature. After serving as the appointed Secretary of the Department of Professional
Regulation, he was elected State Treasurer and Insurance Commissioner where he served between 1989 and
1995, and again from 2001 to 2003. In 2003, he was elected as Florida's first Chief Financial Officer. He also
served one term between 1999 and 2001 as Florida Commissioner of Education.
In addition to nearly 40 years of legislative experience, Mike Colodny's understanding of
municipal government administration was gained as City Councilman and former four-term
Mayor of the City of North Miami. This experience enabled him to develop unique insight
into public service that has resulted in his successful representation of governmental
entities, national corporations and financial institutions before Florida's Legislature,
Executive Branch, regulatory and government agencies, and quaSi-judicial public boards and
commissions. Mr. Colodny has been dedicated to public service throughout his career,
having also served as former attorney for the President of the Florida Senate. Further, as former General
Counsel for Citizens Property Insurance Corporation, Mr. Colodny was instrumental in negotiating billions of
dollars in catastrophe claims bond funding and financing, thereby assuring the Association's ability to serve
policyholders in the wake of a major hurricane. He earned both his Bachelor's Degree and Juris Doctor at the
University of Florida, where he was elected to the prestigious Florida Blue Key Society, the University of
Florida Hall of Fame and Who's Who in American Colleges and Universities. Mr. Colodny will share primary
responsibility for City of South Miami issues with Mr. Gallagher.
(Continued)
10
COlODNY
FASS
TALENFELD
KARLINSKY
ABATE
Response to City of South Miami
Lobbying Services RFP
June 1. 2012
Resumes (Continued)
As former Assistant General Counsel for the Florida League of Cities, Timothy Fordham
Stanfield is experienced in both legislative and regulatory lobbying for a wide range of
municipal issues and has primary understanding of League-related legislative priorities. An
Associate at Colodny, Fass, Talenfeld, Karlinsky & Abate, Mr. Stanfield has developed
substantial experience with issues relating to transportation, water and growth
management, affordable housing, building codes and construction, and energy compliance.
He also has explicit understanding ofthe overarching issues affecting municipalities in the
defense of home rule and protection from unfunded mandates.
Katherine S. Webb, a Shareholder at Colodny, Fass, Talenfeld, Karlinsky & Abate, manages
the Firm's Tallahassee office, where she specializes in governmental consulting before the
Florida Legislature and Executive Branch. She has been recognized for her legislative
achievements by a statewide association, which named her its "Most Effective lobbyist" of
2011. A member of the Florida Bar, Ms. Webb has significant experience representing clients
in a wide range of legislative and executive branch issues, including insurance and funding
issues relating to appropriations, such as PECO funds, Capital Outlay and the Florida
Education Finance Program. She has served a fellowship in the Florida House of
Representatives' Insurance Committee, working in the areas of legislative drafting and bill analysis.
Fred E. Karlinsky, a Shareholder at Colodny, Fass, Talenfeld, Karlinsky & Abate, has close
relationships with Florida's Executive Branch and Legislative leaders. In 2011, he was
appointed as a member of the Seventeenth Circuit Judicial Nominating Commission by
Florida Governor Rick Scott. A primary industry strategist for Florida insurance-related
legislative initiatives, including property and casualty, automobile, health, workers'
compensation and medical malpractice, he also is experienced in education-related issues
and was responsible for drafting and passage ofthe legislative provision that gave all Florida
school boards more flexibility to use a portion of the 2 mil ad valorem funding mechanism for certain
operating expenses.
Jennifer J.H. Pierce, Director of Marketing and Community Development, directs Colodny,
Fass, Talenfeld, Karlinsky & Abate's highly successful communications program, which
provides clients with custom, exclusive and real-time updates on pertinent matters of
interest. Ms. Pierce, a non-attorney who specializes in public relations issue campaigns
relating to legislative and legal matters, has held community leadership positions in Broward
County and worked with the Broward Delegation, County Commission, various Broward city
commissions and other policymakers on legislative matters relating to Broward-specific
business and civic issues. A veteran of two major South Florida daily newspapers, she has an insider's
perspective on media and provides counseling on marketing and communications strategy, including public
relations, advertising, search engine optimization and copywriting.
11
COLODNV
FASS
TALENFELD
KARLINSKY
ABATE
Response to City of South Miami
Lobbying Services RFP
June 1. 2012
Additional Information About Colodny, Fass, Talenfeld, Karlinsky & Abate
A History 0/ Colodny, Foss, Tolen/eld, Korlinsky & Abate
During the early 1970s, Mike Colodny served as the attorney for the Florida Senate President. Soon
afterward, he was elected to the first of his four terms as Mayor of the City of North Miami. In 1974; Mr.
Colodny joined his governmental relations practice in partnership with former prosecutor and litigator Joel
Fass.
With the addition of Howard Talenfeld in 1981, the Firm became one of the largest providers of legal services
to the State of Florida through its representation of the Governors Office, the State Treasurer, the Auditor
General, the Department of Insurance, the Department of Business and Professional Regulation, the
Department ofTransportation, Florida Highway Patrol and the Department of Health & Rehabilitative
Services.
Maria Elena Abate joined the Firm in 1992, adding her experience in complex commercial litigation in state
and federal trial and appellate courts.
Later in 1992, when property and casualty insurers began to leave Florida after Hurricane Andrew, the State
of Florida utilized Mr. Colodny's expertise in the creation ofthe Florida Residential Property and Casualty
Joint Underwriting Association ("FRPCJUA"). As General Counsel, Mr. Colodny guided the negotiation of
several billion dollars in catastrophe funding, thereby assuring the FRPCJUA's ability to pay claims in the wake
of a major hurricane. Today, the FRPCJUA is now known as Citizens Property Insurance Corporation. In
1993, former FRPCJUA counsel, Fred Karlinsky, expanded the Firm's legislative and regulatory reform
experience and led the opening of its Tallahassee office.
Since 2005, Colodny, Fass, Talenfeld, Karlinsky & Abate has experienced significant growth, highlighted by the
expansion and relocation of its Tallahassee office in 2008.
12
COLOONY
FASS
TALENFELD
KARLINSKY
ABATE
Additional Information on the Company (Continued)
Response to City of South Miami
lobbying Services RFP
June 1,2012
ColodnYI Fassl Talen/eldl Karlins/cy & Abatels Tallahassee Office Provides Ample Space lor Incoming Clients
As one of our clients, the City of South Miami would have access to space in our Tallahassee Office, which is
specifically reserved for visitors coming to Tallahassee for Legislative Sessions and regulatory hearings. The
Tallahassee Office provides full administrative service, video conferencing, large document production
capacity. All offices and workstations are fully equipped with the most up-to-date software and Wi-Fi
Internet access.
Photographs of our Tallahassee Office are provided below:
13
COlODNY
FASS
TAlENFElD
KARLINSKY
ABATE
Response to City of South Miami
Lobbying Services RFP
Junel,2012
A list of any individual(s) or Company with whom the Respondent has a contractual
relationship or other business affiliation.
Following is a list of clients for which Colodny, Fass, Talenfeld, Karlinsky & Abate is registered to represent to
Florida's Legislature and Executive Branch in 2012:
Alvarez & Marsal Special Services, LLC
American Bankers Insurance Company of Florida
American Managed Care, LLC
American Traditions Insurance Company
Amerisure Mutual Insurance Company
Amerisure Partners Insurance Company
Argo Partners
Ascendant Holdings, LLC
Broward League of Cities
Capitol Preferred Insurance Company, Inc.
Centauri Specialty Insurance
Dosal Tobacco Corporation
Fairmont Specialty Insurance Company f/k/a
Ranger Insurance Company
Fairness in Taxation
FCCI Insurance Group
FFVA Mutual Insurance Company
Florida Auto Dismantlers and Recyclers
Association
Florida Dental Hygiene Association
Florida Horsemen's Benevolent & Protective
Association, Inc
Florida Peninsula Insurance Company
Florida Peninsula Insurance Group, Inc.
Florida Police Chiefs Association
Florida Premium Finance Association
Florida Property and Casualty Association, Inc
Florida's Children First, Inc
Focus Holdings, LLC
G4S Secure Solutions (USA) Inc.
G4S Youth Services LLC
Guarantee Insurance Company
Guy Carpenter &.Company, LLC
Hillsborough Area Regional Transit Authority
Homeowners Choice, Inc
Kingsway Amigo Insurance Company
LegalZoom.com, Inc.
Life Insurance Company of the Southwest
LKQ Corporation
Marsh & McLennan Companies
Modern USA Insurance Company
Olympus Insurance Company
Patriot National Insurance Group
Property Casualty Insurers Association of America
Risk Management Solutions, Inc
Safelite Group, Inc.
School Board of Broward County
Security First Insurance Company
Security First Insurance Holdings, LLC
Security First Managers, LLC
Service Network Design, LLC
SkyMed International (Florida), Inc
Southern Fidelity Insurance Company
Southern Fidelity Property & Casualty, Inc
Starr International USA, Inc
Thomas Enterprising, Inc
Timeshares Direct, Inc d/b/a Timeshares By Owner
United Automobile Insurance Group
Universal Health Care, Inc
Universal Insurance Company of North America
14
COLODNY
FASS
TALENFELD
KARLINSKY
ABATE
Additional Information on Past Clients
Response to City of South Miami
Lobbying Services RFP
June 1,2012
Colodny, Fass, Talenfeld, Karlinsky & Abate has both represented, and/or represented clients before the
following Executive Branch entities:
• Governors of the State of Florida
• State Chief Financial Officers
• State Treasurers
• The Florida Attorney General
• The Auditor General of the State of Florida
• Florida Commissioner of Agriculture and Consumer Services
• Florida Department of Education
• The Florida Department of Business and Professional Regulation
• Florida Agency for Workforce Innovation
• Florida Department of Law Enforcement
• The Florida Highway Patrol
• Florida Department of Highway Safety and Motor Vehicles
• Florida Department of Corrections
• The Department of Health and Rehabilitative Services
• Florida Department of Management Services
• Florida Department of Environmental Protection
• The Florida Department of Insurance
• The Florida Department of Juvenile Justice
• Florida Department of Children and Families
• Florida Department of Community Affairs
A disclosure of the following: (a) any relationships between the individual(s) of the Company and
any Commission member, his/her spouse, or family: (b) any relationship between any
indlvldual(s) of the Company and any business or entity owned by a Commission member or their
family or In which a Commission member or their family has or had an Interest; (c) any other
information concerning any relationships between the individual(s) of the Company and any
Commission member which the Respondent deems might be relevant to the Commission's
consideration; (d) such other governmental or quasi-governmental entities which are represented
by the Individual(s)/Company, and the nature of the representation in such matters; and (e) a
"confllct list" if the same Is maintained by the indlvidual(s) or the Company.
We have read the above disclosure information and are aware of no relationship that could cause a conflict
in any manner described above. Because we are a law firm, we are required to notify our clients if there
appears to be a conflict or potential conflict in the future. Therefore, we will notify the City of South Miami
of any potential conflicts that could arise.
15
COLODNY
FASS
TALENFELD
KARLINSKY
ABATE
Response to City of South Miami
Lobbying Services RFP
June 1,2012
Provision of three (3) commitments the individual(s)/Company performed involving
services similar to those detailed herein. Provision of a schedule, cost and scope of
work. Provision of references to the City of South Miami.
The following references are clients similar in nature to the City of South Miami, for which Colodny, Fass,
Talenfeld, Karlinsky & Abate provides Legislative and Executive Branch lobbying and regulatory
representation:
1. Broward League of Cities
Rhonda Calhoun, Executive Director
115 South Andrews Avenue, Suite 122
Ft. lauderdale, FL 33301
Telephone: (954) 357-7370
Fax: (954) 357-5563
E-mail: bloc@bellsouth.net
Scope of work: Lobbying and legislative advocacy, monitoring and reporting on all relevant legislative
matters; attendance at all Broward League of Cities meetings; finding sponsors for legislative
proposals; facilitation of passage for favorable legislation and defeat of hostile proposals;
communication with Executive Director
Cost: Legislative Lobbying--$20,OOO to $49,000
2. School Board of Broward County
Robert Runcie, Superintendent
600 S.E. Third Ave.
Ft. lauderdale, Fl 33301
Telephone: (754) 321-2600
Fax: (754) 321-2701
E-mail: suotruncie@browardschools.com
Scope of work: Advocacy of School Board legislative agenda; monitoring of education-related issues
and reporting; obtaining of appropriations; communication with Superintendent; attendance at
meetings; bill drafting
Cost: Executive and Legislative Lobbying--$30,OOO to $49,000
(Continued)
16
COLODNY
FASS
TALENFELD
KARLINSKY
ABATE
Response to City of South Miami
Lobbying Services RFP
June 1,2012
Provision of three (3) commitments (Continued)
3. Florida Police Chiefs Association
Amy Mercer, Executive Director
P.O. Box 14038
Tallahassee, FL 32317
Telephone: (850) 219·3631
Fax: (850) 219-3640
E-mail: amercer@fpca.com
Scope of work: Advococy of law enforcement issues; monitoring and reporting of pertinent
legislation; bi/l drafting; appropriations
Cost: Legislative Lobbying--$20,OOO to $49,000
4. Hillsboro Regional Transit Authority
Philip R. Hale, Interim CEO
1201 East Seventh Avenue
Tampa, FL 33605
Telephone: (813) 223-6831
Fax: (813) 626·9643
E-Mail: halep@gohart.org
Scope of Work: Legislative advocacy for transit issues, finding sponsors for legislative proposals;
facilitation of passage for favorable legislation and defeat of hostile proposals
Cost: Legislative Lobbying--$40,OOO to $69,000
17
COLODNY
FASS
TALENFELD
KARLINSKY
ABATE
Attachments
COLODNY
FASS
TALENFELD
KARLINSKY
ABATE
Bidder Qualifications Statement
Colodny, Fass, Talenfeld, Karlinsky & Abate has stated within the proposal
its acknowledgement and response to all bidder qualifications as listed
in the "Minimum Qualifications" section of the RFP.
ATTACHMENT #4 No CONFLICT OF INTEREST/NoN-COLLUSION
CERTIFICATION
U2.212& SS _ .....•. 2
LOBBYING SERVICES RFP
fJ All
Submitted this ~day of---=.J--.:...;v ~(M.~4\ ______ ' 20 12
The undersigned. as Bidder/Proposer. declares that the only persons interested in this RFP are named
herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains;
that this response is made without connection or arrangement with any other person; and that this
response is in every respect fair and made in good faith. without collusion or fraud.
The Bidder/Proposer agrees if this response/submission is accepted. to execute an appropriate CITY
document for the purpose of establishing a formal contractual relationship between the
Bidder/Proposer and the CITY. for the performance of all requirements to which the
response/submission pertains.
The Bidder/Proposer states that this response is based upon the documents identified by the following
number: Bid/RFP
The full-names and residences of persons and Companies interested in the foregoing bid/proposal. as
principals. are as follows:
100 BE 3rd Ave.
Fort Lauderdale, FL
The Bidder/Proposer further certifies that this response/submission complies with section 4(c) of the
Charter of the City of Miami. Florida, that, to the best of its knowledge and belief. no Commissioner.
Mayor. or other officer or employee of the CITY has an interest directly or indirectly in the profits or
emoluments of the Contract, job. work or service to which the response/submission pertains.
Signa,ure: ~ ~
Printed Name: -M-i-k-e.,. ... c:;..-o-l-~------:f=-------
------------------------------
Title: Shareholder ----------------------------------
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_127 II Rev 227 12 Page 35 of36
ATTACHMENT #2 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
.~ .....•• &UL22
LOBBYING SERVICES
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A
person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a .Bid on a Contract to provide any goods or services to a
public entity, may not submit a Bid on a Contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor,
or Consultant under a Contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount Category Two of Section 287.017, Florida
Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State
Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner,
associate or agent who is also an officer or employee of the City of South Miami or it's
agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to City of South Miami
[print name of the public entity]
by Mike Colodny, Shareholder
[print individual's name and tide]
fur Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A.
[print name of entity submitting sworn statement]
whose business address is One Financial Plaza, 23rd Floor,
100 SE 3rd Ave., Fort Lauderdale, FL 33394
and (if applicable) its Federal Employer Identification Number (FEIN) is 59 -2170069
<If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement N/A .)
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency
or political subdivision of any other state or of the United States, including, but not
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 31 of36
limited to • any bid or contract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the United States and
involving antitrust, fraud. theft, bribery. collusion. racketeering, conspiracy, or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I){b),
Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July I, 1989, as a result of a jury
verdict, non-jury trial. or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133 {I )(a), Florida Statutes,
means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime. The
term "affiliate" includes those officers, directors. executives, partners, shareholders,
employees. members. and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in any person, or a
pooling of equipment or income among persons when not for fair market value under
an arm's length agreement, shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133 {I )(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the
United States with the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services led by a public entity.
or which otherwise transacts or applies to transact business with a public entity. The
term "person" includes those officers. directors. executives, partners, shareholders,
employees, members. and agents who are active in management of an entity.
6. Based on information and belief. the statement which I have marked below is true in
relation to the entity submitting this sworn statement. [Indicate which statement
applies.]
x Neither the entity submitting this sworn statement, nor any of its officers.
directors, executives. partners, shareholders, employees, members, or agents who are
active in the management of the entity. nor any affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July I, 1989.
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 7 11 Rev 2 27 12 Page 32 of36
Continuation of Attachment #2 Public Entity Crimes and Con~jcts
__ The entity submitting this sworn statement, or one or more of its officers.
directors. executives. partners. shareholders. employees. members. or agents who are
active in the management of the entity. or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent to July I. 1989.
__ The entity submitting this sworn statement, or one or more of its officers.
directors. executives. partners. shareholders. employees. members. or agents who are
active in the management of the entity. or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent of July I. 1989. However. there has
been a subsequent proceeding before a Hearing Officer of the State of Florida. Division
of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this
sworn statement on the convicted vendor list. {attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY. AND THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND
THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017. FLORIDA STATUTES. FOR CATEGORY TWO OF ANY CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM.
;/It
Sworn to and subscribed before me this 3 () day of
~SOnaIlY known or
--,,~~U:...r7--.20 /Z
Produced identification Notary Public -State of f1o/:~ ------------------
My commission expires ~c. 'Zr: 7 D ,,"'"
I
(Type of identification)
(Printed. typed or stamped commissioned name of notary public)
Form PUR 7068 (Rev.0611 1/92) NOTARY PUBLIC·STATE OF FLORIDA
.to ..... ,,'..... Sandy P. Fay
5 ~ '5 Commission # EEI04975
-:.. ......... (0 •• : Expires: JUNE 25. 2015
BONDED THRU ATLANTIC BOt.'DING co., INC.
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 33 of36
ATTACHMENT #3 DRUG FREE WORKPLACE
.J
LOBBYING SERVICES
Whenever two or more Bids which are equal with respect to price, quality and service are
received by the State or by any political subdivisions for the procurement of commodities or
contractual services, a Bid received from a business that certifies that it has implemented a
drug-free workplace program shall be given preference in the award process. Established
procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free
workplace program. In order to have a drug-free workplace program, a business shall:
I. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under Bid a copy of the statement specified in Subsection (I).
4. In the statement specified in Subsection (I), notify the employees, that, as a condition of
working on the commodities or contractual services that are under Bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction
of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any
controlled substance law of the United States or any state, for .a violation occurring in
the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program, if such is available in the employee's community, by any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this Company complies fully with
the above requirements.
Signature:
PROPOSER's ~
Print Name: -M-i-4k"""e-----y-r:-------
-------------------------------
Date: ~ 1()~ l~\A
5.14.12 CA Approva15.8.l2 RFP Lobbying Services 2012_12 7 11 Rev 2 27 12 Page 340f36
Telephone: 954-492-4010 ---------------------------------
Company Name Colodny, FaBB, Talenfeld, Karlinsky
& Abate, P.A.
Continuation of Attachment #4No Conflict of interiNon-Collusion Certi~cotion
NOTARY PUBLIC:
STATE OF
./t.
oing instrument was acknowledged before me this )'0 day of
_0:;.£...&.111:'./------,.20 1'"2. by' g:f.~ Co(9~"1
ose signature is being notarized) who is
NOTARY PUBLIC.STATE OF FLORIDA ~ San?yP. ~5
V\ ~miSS10~!!E21101S 'EXpIres Jv,'''' I din'l'Hl'-U A~CP.O!\'DINGco.,DlC.
(name of
V;;sonally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
or type as commissioned.)
FAILURE TO COMpLETE. SIGN. Be RETURN THIS FORM MAY DISOUALIFY YOUR RESPONSE
5.14.12 CA ApprovaIS.S.12 RFP Lobbying Services 2012_12 711 Rev 2 27 12 Page 36 of36
COLOONY
FASS
TALENFELO
KARLINSKY
ABATE
list of Proposed Subcontractors and Principal Suppliers
Colodny, Fass, Talenfeld, Karlinsky & Abate
has no proposed subcontractors or principal suppliers.
'1M" I R(JNSHORE your safe harbou ....
IRONSHORE INDEMNITY INC.
(A Stock Company)
Mailing Address:
PO Box 3407
New York, NY 10008
(877) IRON411
PLACED BY
ECKER INSURANCE
& ASSOCIATES, INC.
PollcV #: 000870301
Expiring Policy #: 000870300
THIS IS ISSUED BY THE INSURANCE COMPANY SELECTED ABOVE
LAWYERS PROFESSIONAL LIABILITY POLICY
WITH ClAIM EXPENSES INCLUDED IN THE LIMIT OF LIABILITY
DECLARATIONS
This is a Claims Made and Reported Policy, please read it carefully. Amounts Incurred as Claim Expenses shall reduce the
limit of liability available to pay judgments or settlements and shall also be applied against the deductible.
ITEM 1. NAMED INSURED AND PRINCIPAL ADDRESS: Item 2. POLICY PERIOD
Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A. (a) Inception Date: December 15, 2011
One Finacial Plaza, lOOSE 3rd Avenue
23rd Floor (b) Expiration Date: December 15,2012
Fort Lauderdale, FL 33394
at 12:01 a.m. both dates at the Principal
ITEM 3. LIMIT OF 'LIABILITY (inclusive of Claim Expenses)
$1,000,000 Each Claim
$1,000,000 aggregate limit of liability for all Claims made or deemed made during Policy Period
ITEM 4. DEDUCTIBLE:
ITEM S. PREMIUM
ITEM 6. RETROACTIVE DATE: Full Prior Acts
ITEM 7. FORMS AND ENDORSEMENTS ATTACHED AT ISSUANCE:
LPL.COV.002 (0509) Lawyers Professional Liability Coverage Form
1. lPL.END.009.FL.CA (0409) Claim Expenses in Addition to the limit of liabilitry
2. LPL.END.078 (0509) Deductible Aggregate for Policy Period Damages Only
3.lPL.TOC.409 (0809) Fl Table of Contents
4. lPL.END.409 (0809) FL Amendatory
LPL.DEC.002 (05/09) NO FLAT CANCELLATION Page lof2
PRECISION PREMIER
OFFICE PROGRAM
COMMERCIAL UMBRELLA DECLARATIONS
g
ZURICH
This coverage plll't consists of this c:!eclrations form and 1he coverage form and endorsements indicated as applicable
on the forms list
GENERAL AGGREGAlEUlllrr
PRODUCTS ANDCOMPLElED OPERATIONS AGGREGATIE LMT
EACH ·OC~·UMiT
RETAINED LIMIT "'OT COVERED BY IN)ERLYING 1'tISl8ANCE)
SCHEDULE OF UNDERLYING IllSURANCE
Commercial exa.ooED Automobile
Liability
Commercial YARYLAND CASUALTY COIfAHY General
Liabllltv PPS 01943549
Employers COW OPTIONS INSImNCE CO
LlabllltV 01824-229025H4
AUTO lIARYlANl> CASUALTY COMPANY
LIABILITY PPS 01943549 HIRED &
NOIHlWNED
COMMERCIAL UMBREUA
982001 Ed. 1-96
11/08/2011
11/08/2012
11/08/2D11
11/08/2012
INSUR~'S COpy
5.1.1
General Awe~ Limit
Products & Completed
Operations Agl1"egate limit
fAQI OCCURRENCE
$~,~,O!!Q
$$,OOQ,OOO
$5.000.000
$10;000
$4.000,000
$2,000.000
$2,000 000
$1,000,000
$1,000,000
$1.00G.OOO
$ 1,000,000
10/04/2011
PRICE PROPOSAL SHEET
L ... ... A ...
LOBBYING SERVICES
Proposers must include the Price Proposal Sheet with their submittal. Failure to do so will
render your proposal non-responsive and will be rejected from further consideration.
PRICE PROPOSAL SHEET
Annual Amount
Year 1 (12 Months) $40,000
Year 2 (12 Months) $42,500
Year 3 (12 Months) $45,000
3 YEAR TOTAL $127,500
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 7 II Rev 2 2712 Page 5 of36
~. : L.: .... : ~ '''. 1. '.;') :.. . .. '.... • •.•• ",,,.,,
. j ;.~ <. '/ U
City of South Miami
"Request for Proposal
Lobbying Services"
BY
GOMEZ BARKER ASSOCIATES, INC.
2350 CORAL WAY, SUITE 301
MIAMI, FLORIDA 33145
(305) 860-0780 (Telephone)
(305) 860-0580 (Facsimile)
fgomez@gomezbarker.cOtll
CONTACTILIAISION PERSON
FAUSTO B. GOMEZ
Monday, June 1st, 2012
TAB 1
TAB 2
TAB 3
TAB 4
TAB 5
TAB 6
TAB 7
TAB 8
TAB 9
TAB 10
TAB 11
TAB 12
TAB 13
TAB 14
TABLE OF CONTENTS
LETTER OF INTEREST
QUALIFICA TIONS & EXPERIENCE
RESUMES
PUBLIC ENTITY CRIMES AFFIDAVIT
REPRESENTATION BEFORE COMMISSION OR COMMITTEE
PUBLIC RECORDS
DRUG FREE WORKPLACE
NON-COLLUSION AFFIDAVIT
COST PROPOSAL
END OF SESSION REPORTS
CONFLICT SAMPLE LETTER
LIST OF CLIENTS
INSURANCE REQUIREMENTS
PROPOSAL SUBMITTAL FORM
Mr. Steven Kulick
Purchasing Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Dear Mr. Kulick:
May 24,2012
Government Relations 8< I'ubli~ Affairs Coullsdors
2350 Coral Way, Suite 301
Miarni, Florida :n 14.)
Telephone (305) 1l60-071l0
rilcsirnilc (305) 860 .. 0580
www,golllez'barker,(olll
Attached is Gomez Barker Associates' proposal in response to the solicitation of
the City of South Miami for "Lobbying Services." I appreciate the opp0l1unity to present
the firm's credentials and record of accomplishment for your consideration and look
forward to continuing our long and successful professional association with the City.
I know that Gomez Barker Associates is best suited to provide meaningful
representation to South Miami. The firm offers a range of skills and bipat1isan contacts
without peer and can help effectuate or block a change in substantive law, secure a
budget line item, or identify and ably process a grant application all within a framework
of strict ethical comportment. Our sole interest is the success of our clients, unburdened
by other professional or personal obligations such as law, political consulting, or partisan
politics. And as a consequence of the firm's twenty-five year lobbying history, and the
many projects successfully undertaken for those we represent (including nine
municipalities), Gomez Barker Associates possesses an appreciation and thorough
understanding of legislative, executive, and agency procedures; particularly the needs and
culture of local governments. That knowledge has been productively employed to secure
over a billion dollars in support as well as approval of important policy goals. In
recognition of that, Florida Trend, the Miami Herald, Miami Today, Diario Las
Americas, the Orlando Sentinel, and the St. Petersburg Times have cited Gomez Barker
Associates as one of Florida's premier government relations and public affairs entities.
With offices in Miami and Tallahassee, Gomez Barker Associates provides a statewide
reach while retaining a tradition of personal service. As President of the firm I will
continue to serve as the primary contact to South Miami.
Gomez Barker Associates has effectively provided services similar to those
requested in this solicitation to an impressive array of local governments, educational
institutions, and private sector businesses and organizations, as either primary lobbyists
or as an integral pat1 of a government relations team. We are pro-active in our
representations and strongly believe that effective lobbying is based on a series of
interrelated elements. These constitute our approach and include Intelligence and
Communications, Preparation, Presentation, Involvement and Coordination, Lobbying
and Monitoring, Collateral Support, Reporting, and Public Affairs. A description of each
is included in the body of our response to this RFP and they more than exceed the
specific duties and responsibilities the City outlines in this solicitation.
Mr. Kulick, we value our relationship with South Miami and offer a through
understanding of the lobbying assignment, experience in performing similar services, and
an outstanding record of success. Training is not required. From securing significant
financial support to working on important policy initiatives, my associates and I have
kept South Miami's interests paramount and have productively worked with the elected
and appointed officials of the City. We look forward to continuing to serve them and the
residents of the City of Pleasant Living.
\5t~ ~ C::>.(
Fausto B. Gomez
1. Provide a brief discussion of the company's understanding and approach to the work
described herein.
Gomez Barker Associates, Inc. offers to the City of South Miami a team of highly
experienced and skilled legislative and executive lobbyists with significant knowledge of
funding and policy initiatives. The firm has successfully represented South Miami since 1998
and has an intimate knowledge and a thorough understanding of the City and its needs.
Gomez Barker Associates, Inc. is a government relations and public affairs consulting firm
that provides services to local governments and other public sector bodies, international
and domestic businesses and associations, and charitable, educational, and economic
promotion entities. Activities include legislative and agency advocacy, resource
development, government procurement and business development, research and analysis,
and strategic communications. Incorporated in 1990, the firm has been successfully serving
the government relations needs of a diverse client base since 1987.
The firm has an outstanding record of success, having secured over a billion dollars in
support of local initiatives as well as approval of important policy goals. It offers a range of
skills and bipartisan contacts without peer and can help guide a proposal through all levels
of state and local government, effectuate a change in substantive law, secure a budget line
item, or identify and ably process a grant application. Gomez Barker Associates currently
develops and implements insightful and winning lobbying strategies for over thirty (30)
private and public entities. The range of issues covered include appropriations, taxation,
education, economic development, health care, insurance, telecommunications, energy,
solid waste, storm water and wastewater, growth management, transportation,
professional regulation, criminal justice, building code, culture, historic preservation,
banking and finance, developmental services, tourism and hospitality, parks and recreation,
environmental protection, security, and technology.
Gomez Barker Associates is skilled at representing clients before the Florida Legislature and
state agencies in Tallahassee and local governments in South Florida. With offices in Miami
and Tallahassee, the firm delivers a statewide reach while retaining a tradition of highly
personalized service. The President of Gomez Barker Associates, Fausto B. Gomez, is
recognized as one of Florida's most effective government relations and public affairs
counselors and his experience is the cornerstone of the firm's success. Identifying him as
one of Florida's most effective government relations professionals, Florida Trend magazine
called him a "leading lobbyist, polite and intellectual, who analyzes strategy and picks spots
carefully." The Orlando Sentinel and the St. Petersburg Times described him as one of the
"top" lobbyists in Florida, Miami Today ranked him among the best lobbyists in Miami-Dade
County, and Diario las Americas named him Miami's "go to" public affairs representatives.
The Miami Herald has labeled Mr. Gomez as one of the "most influential" lobbyists working
in the state and has twice selected him to serve on their panel to review and evaluate the
Florida Legislature.
Mr. Gomez founded Gomez Barker Associates in 1987 after successfully serving as Director
of Legislative Relations for Florida International University and as Administrative Assistant to
then City of Miami Mayor Maurice Ferre. He was also a special correspondent to the ABC
and Univision television affiliates in Greater Miami providing on-air political reporting and
analysis. Similarly, the entire staff of Gomez Barker Associates has worked both in and with
government and that experience allows them to possess an appreciation and understanding
of legislative and agency procedures including the particular needs and culture of local
governments. The firm is involved in the governing process year-round and recognizes that
real value is in helping clients realize tangible outcomes.
The unique lobbying philosophy of Gomez Barker Associates is born of the experience
detailed above. The firm believes in a team method of lobbying, incorporating City of South
Miami elected and appointed officials and is proactive in its philosophy -it identifies
opportunities and acts on them while concurrently anticipating problems and preemptively
addressing them -within the context of a series of interrelated elements. These constitute
the approach.
1. 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 principle 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 are being planned 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 to be made as well as formulating a successful legislative strategy.
Prior to the beginning of the legislative calendar, Gomez Barker would "trial balloon"
the city's legislative plan in order to obtain first-hand knowledge of how decision makers
would view and receive it and what modification, if any, may need to be made.
2. Preparation -The legislative program of the City of South Miami should be reflective of
the needs of the City and the information obtained by Gomez Barker through the
process described above. In order to maintain credibility in the legislative environment,
every item must be specific, measurable, achievable, and reasonable. Gomez Barker will
work with the City of South Miami officials to develop strategy; prepare a legislative
program; provide guidance with the drafting of legislation, budget requests, and
presentation materials; and advise in the legislative agenda process. It is important to
note that Gomez Barker would serve as the City of South Miami's legislative agent, and
therefore, the Mayor, Commission, Manager, and staff of the City solely determine what
is ultimately included in the final program.
3. Presentation -Gomez Barker will work to secure legislative and executive approval of
South Miami's budget and policy requests and review agency actions. The firm will
represent South Miami at all pertinent substantive and appropriations committee
meetings and at all levels of state government. The firm will testify and articulate the
City's interests during the drafting and deliberation process, either in individual
meetings or in public forums. The firm will also meet with key legislators, legislative
staff, and executive officials in order to promote the elements of the legislative
program.
4. Involvement and Coordination -Officials of the City of South Miami will be encouraged
to communicate with key policy-makers about the goals and objectives of the legislative
program and to visit Tallahassee during specific times of the legislative year. These
communications and visits would be planned and coordinated by Gomez Barker
Associates who will schedule meetings, review materials, brief City officials prior to any
meeting, and perform any necessary follow-up.
S. lobbying and Monitoring-Gomez Barker will provide year-round lobbying and
representation at both the legislative and executive agency level. It maintains fully
staffed offices in Miami and Tallahassee from which lobbying, review of agency action,
monitoring, and follow-up occurs. Additionally, Gomez Barker subscribes to a legislative
information system that provides us with the most comprehensive monitoring capability
currently available.
6. Collateral Support-Gomez Barker Associates will identify other organizations or
governments that share common legislative goals and coordinate lobbying strategy with
them. This is in order to broaden the reach and legislative base of support for the City of
South Miami. It will also review the plans and programs of other entities to identify
issues that the City can support or may have to oppose.
7. Reporting-Focused and accurate communications with South Miami about the status of
legislation, budget requests, or any other important issue will be on-going and through
written progress reports, meetings, and/or telephone contact. The schedule of written
reports outlined in the RFP document will be adhered to.
8. Public Affairs -Gomez Barker will promote to the legislators, legislative staff, and
executive officials the City of South Miami and its agenda to facilitate legislative
requests. This is particularly important with members outside of the City of South
Miami Legislative Delegation.
Each member of the lobby team will be involved in every task described above and will be
conversant with all aspects of the City's legislative priorities. Specific lead assignments
would be generated based on areas of expertise.
For twenty-five years Gomez Barker Associates has successfully provided services similar to
those requested in the RFP to an impressive array of local governments and private sector
organizations. The firm will call upon that experience and assist the City of South Miami by:
1) Conducting research and maintaining City officials informed of pertinent initiatives and
plans related to funding or policy through meetings, written materials, and/or telephone
communications; 2) Monitoring legislation and agency actions which may impact on the
City's fiscal and programmatic interests and articulate the position of City officials during the
drafting and deliberation process; 3) Supporting City officials in the preparation and
presentation of the City's legislative agenda(s) and proposal(s); 4) Assisting City officials
develop legislative strategy in order to advance the City's goals and/or amend or defeat
proposals adverse to them; 5) Reviewing the plans of other entities to identify issues that
the City can support or may need to oppose; 6) Scheduling meetings and visits with
legislators, administration officials, and staff in order to strengthen relationships and
thereby facilitate the City'S requests; 7} Providing year round representation and support at
all levels of government, with offices and staff available in both Tallahassee and Miami-Dade
County; and, 8) Furnishing to City officials an understanding and analysis of the context in
which decisions affecting the City will be made; 9} Work with the City Commission, staff and
the Miami-Dade County legislative Delegation developing special or general legislation in
keeping with, or supportive of, the City'S adopted legislative program; 10) Provide reports
pertinent to any legislation, rules, or regulations, and other state policies or programs that
affect the City and its citizens either directly or indirectly; 11) Submit written reports at the
end of each week during legislative session detailing legislative action taken during the
week, status of legislative issues, and anticipated action during the upcoming week; 12)
Upon the request by the City, assist the City in coordinating applications and obtaining State
permits and grants.
The exeCutives and staff of Gomez Barker Associates have demonstrated that they provide
effective representation to the City of South Miami. The firm successfully works to pass
legislation that facilitates local decision-making while concurrently defeating bills that would
negatively impact South Miami or impose unfunded mandates. A full report on the firm's
work for the City can be found in the "End-of-Session" legislative reports under Tab 10.
Below is a snapshot of some very recent and specific examples.
• Thwarted legislation that would have prohibited a local government to charge a business tax
for engaging or managing any business, profession, or occupation within their jurisdiction
(SB770/HB1063). If this had passed, the negative fiscal impact on South Miami would have
been $700,000 per year.
• Successfully worked to pass CS/C5/581128, reforming local government pension plans. A
key priority of South Miami, this issue pitted representatives of local governments who
sought to remove the state from the municipal collective bargaining process against police
and fire unions who attempted to defeat the bill or preserve the enhanced benefits
mandated by the Legislature since 1999. The legislation included a revised definition of
compensation with regard to defined benefit plans, elimination of the requirements in
Chapters 175 and 185 mandating that pension benefits increase whenever member
contributions increase, and the creation of a task force on disability presumptions.
• Overcame a proposed amendment to 5B842 that would prohibit a local government to
require a super-majority of commissioners to amend land use and development regulations.
This preserves provisions of the South Miami Charter relating to "Requirements for
Adoption."
• Defeated legislation that would grant the county unfettered authority to terminate a
Community Redevelopment Agency (SB840/HB547). This guarantees local decision-making
with regard to the South Miami Community Redevelopment Agency.
• Assured that the 5tate Transportation Trust Fund was not swept and, as a consequence,
fund the resurfacing of Red Road from U. S. 1 to Bird Road. The amount allocated for Fiscal
Year 2012-13 was $2,990,000.
• Legislatively designated Ludlum Road (HB5), between Bird Road and S. W. 136th Street in the
cities of South Miami and Pinecrest as a "State Historic Road." This assured that the only
modifications to Ludlum Road are for life and safety and maintains the residential character
of the surrounding neighborhoods.
• Preserved South Miami's $333,868 annual share of the People's Transportation Plan (PTP).
Because of the incorporation of Cutler Bay, Miami Gardens, and Doral, Miami-Dade County
sought to reduce the amount provided to existing cities and the City was slated to receive
only $267,095. South Miami supported amendments to F.S. 212.055 to clarify that when a
charter county revises interlocal agreements to include new municipalities, that the new
municipalities are to be funded their pro rata share from the portion of the surtax allowed
for use in the unincorporated area of the county, or for countywide services, and further
clarifying that funding newly incorporated municipalities from the portion of the surtax
dedicated to existing municipalities is expressly prohibited. This language was included in
both CS/CS/CS/HB1363 and S81180, the respective Department ofTransportation legislative
"packages." Legislative pressure led the Board of County Commissioners to approve funding
the three new cities from Miami-Dade's 80% share ofthe PTP.
• Approved legislation establishing the Property Assessed Clean Energy Program (PACE) and
then subsequently crafted successfully lobbied an amendment facilitating the
intergovernmental formation of PACE Districts and the bonding, disbursement, and
collection of proceeds to implement same (CS/CS/HB7117).
• Amended CS/CS/CS/SB1546 pre-empting local governments from establishing zoning
regulations on charter schools so that the regulatory and public processes followed by
Miami-Dade County Public Schools in locating and/or expanding a public school, and the
coordination with local jurisdictions where the school is to be sited, must equally apply to
Charter Schools. This was a priority of South Miami as it was feared that a proposed charter
school in the City would affect traffic patterns and violate local capacity limits with no local
input.
• Modified an attempt to make cities solely liable for bus benches on the state right-of-way
(CSjCSjCS/599). This affords a level of protection to South Miami's resources in cases of it
being sued for accidents and/or violations of American with Disability Act provisions.
2. A resume of the individual(s)/company; who will work on City matters and a statement
identifying the individua/(s) who will attend meetings and have primary responsibility for City
matters and whether the individua/(s) represents other municipalities.
The workload of the City of South Miami will be handled within the current staff and
resources of Gomez Barker Associates. The firm is solely focused on legislative and agency
representation -it has no outside interests such as law, marketing, or public relations -and
is singularly dedicated to effectively representing clients as lobbyists and public affairs
counselors. And because of its history of representing local governments, the continuing
representation of the City of South Miami can be incorporated within the knowledge base of
the firm. Training is not required.
Fausto Gomez will serve as the deSignated contact for the City of South Miami. Joining him
in this assignment will be Manny Reyes and Evan Power. As a team, they will perform the
tasks of advancing the city's legislative agenda. Their qualifications are detailed below and
their resumes are included under Tab 3 of this document
Fausto B. Gomez founded Gomez Barker Associates in 1987 after successfully serving as
Director of Legislative Relations for Florida International University and as Administrative
Assistant to then City of Miami Mayor Maurice Ferre. Similarly, the entire staff of Gomez
Barker Associates also worked in government at either the state or local level and the
knowledge gained there, coupled with extensive lobbying experience, allows the firm to
possess an appreciation and understanding of legislative and agency process, including the
particular needs and culture of local governments.
During his term at FlU, Mr. Gomez was responsible to the President for the development,
implementation, and overall leadership of the governmental relations program of the
University. He helped secure an increase of 132% in legislatively appropriated funds;
obtained legislative approval for upgrading the University to a four-year comprehensive
institution with an increased range of masters and doctoral programs; launched the $160
million Comprehensive University Plan; garnered state resources for constructing five (5)
major campus facilities; and obtained more academic program approvals than all other
public universities in Florida combined. Subsequently, Mr. Gomez has represented a number
of different interests before the Florida Legislature, executive agencies, local governments
in South Florida, and federal authorities.
Manuel "Manny" Reyes has been with Gomez Barker Associates for over fjfteen (15) years.
Prior to joining the Gomez Barker firm Mr. Reyes served on the campaign staff to various
public officials, including former Congressman Kendrick Meek, Mario Diaz-Balart, and
Miami-Dade County Commissioner Bruno Barreiro. He has ties to local and state politics,
education, and various community service and humanitarian organizations. In addition to
his profession Mr. Reyes has volunteered and served on the Boards of City Year, Best
Buddies International, Habitat for Humanity, La Uga Contra el Cancer (The League Against
Cancer), Next In Line, as well as numerous other philanthropic organizations that serve the
Miami community. The 5t Petersburg Times publicly recognized him as the best young
lobbyist working in Tallahassee.
Mr. Reyes works at both the Miami and Tallahassee offices of Gomez Barker, engaging in
lobbying and communications with officials at all levels in the Legislature and executive
agencies. In addition to lobbying, research, and political analysis, Mr. Reyes has supervisory
responsibilities in the firm. In the absence of Mr. Gomez, he is authorized to represent
Gomez Barker Associates in all aspects relating to the firm's representation(s). Mr. Reyes
attended the University of Florida and Florida International University, where his studies
focused on Urban Politics, Political Economics, and American Foreign Policy.
Evan Power is the most recent addition to the Gomez Barker firm, joining the firm in
2006. Mr. Power graduated from Florida State University with a Bachelor degree in finance
and a Master's Degree in Political Science. Mr. Power began working with the Legislature in
2003 when he served as an Intern for the House Majority Office. After the internship he was
hired to work in the Speaker's Communications office. In December of 2003 Speaker
Designate Marco Rubio asked him to join his staff where he served until March of 2006 as
his Legislative Analyst. Outside of his professional responsibilities he has served as the
graduate advisor to a fraternity at Florida State and chaired the Phi Gamma Delta
Foundation which has been active in various charities around the Tallahassee area. Mr.
Power is permanently housed in the Tallahassee office. He engages in lobbying, research
and analysis.
3. A list of any individual(s) or company with whom the Respondent has a contractual
relationship or other business a//iliation.
As detailed in the prior question, Fausto B. Gomez, Manny Reyes and Evan Power are the
only lobbyist in the Gomez Barker firm. However, a contractual relationship exists with the
firms of Rutledge, Ecenia & Purnell, P.A.; Lawrence J. Smith P.A.; and Becker & Poliakoff as
part of our involvement in lobbying teams representing other clients.
4, A disclosure of the following:
(a) any relationships between the individual(s) of the company and any Commission
member, his/her spouse, or family:
There is no relationship between any member of the Gomez Barker firm and any
Commission member, his/her spouse or family, The only interactions are based on our
historical representation of the City and are professional in nature,
(b) any relationship between any individuat(s) of the company and any business or entity
owned by a Commission member of their family has or had an interest;
There is no relationship between any member of the Gomez Barker firm and any business or
entity owned by a Commission member of their family or in which a Commission member or
their family has or had an interest.
(c) any other information concerning any relationships between the individuates) of the
company and any Commission member which the Respondent deems might be relevant to
the Commission's consideration;
There is no relationship between any member of the Gomez Barker firm or and any
Commission member which would be deemed necessary to disclose under this subsection,
(d) such other governmental or quasi-governmental entities which are represented by the
individual(s)/company, and the nature of the representation in such matters; and
Following is a list of governmental or quasi-governmental entities which are represented by
Gomez Barker Associates, The nature of representation is for lobbying and government
consultant services similar to those required in this RFP,
Florida International University
Miami-Dade County
Miami-Dade Expressway Authority
The City of Coral Gables
The City of Miami Beach
The City of West Miami
The Town of Cutler Bay
The Town of Lake Park
The City of North Bay Village
The Town of Surfside
The Village of Key Biscayne
(e) a "con/lict list" if same is maintained by the individual(s) or the company.
Upon a thorough review of the clients represented by the Gomez Barker firm, a conflict is
not anticipated. Included under tab 11 is a letter to the Mayor, Commission, and Manager
dated February 22, 2010, regarding the firms' policy of potential conflicts.
5. The individual(sj/company sholl be expected to provide the following minimum legislative
services including, but not limited to, the following:
a. Upon the City's request, attendance at any and all meetings of the City Commission,
including special and emergency meetings, and all committee, agency, and board
meetings;
b. Preparation of any and all necessary lobbying-related documentation;
c. Preparation of any and all reports detailing, explaining and assessing any and all
proposed, new or modified laws;
d. Provision of expert advice on any and all applicable Federal, State and local
legislation;
e. Advice on any and a" general questions concerning lobbying-related matters; and
As the firm's history with South Miami evidences, Gomez Barker Associates has provided
(and will provide) services well beyond those outlined above. Under Tab 10, are the firm's
"End of Session" reports which show Gomez Barker's commitment to the City and its
understanding of its needs.
6. Provision of three (3) commitments the individual(s)!company performed involving services
similar to those detailed herein. Provision of a schedule, cost and scope of work. Provision
of references to the City of South Miami.
Following are three (3) commitments Gomez Barker Associates has performed involving
services similar to those required of in this RFP on behalf of other local governments:
City of Miami Beach -The Bert J. Harris Act legislation would have revised the Bert J. Harris
Private Property Rights Protection Act. The changes would shorten the time frame for local
governments to make settlement offers and lengthen the time for property owners to bring
Harris Act claims. The bills also provided for a waiver of sovereign immunity for liability and
for prospective application. Finally, they provided that a moratorium that is in effect for
longer than one year is not a temporary impact to real property and can become an
"inordinate burden" giving rise to a cause of action under the act. No action was
forthcoming on these bills until late in the session. Upon learning that HB881 was to be
heard in committee, we met with the House sponsor along with representatives of the
League of Cities and the Association of Counties. At that meeting we proposed a series of
amendments and indicated that we would have to work against the bill as currently drafted.
After much discussion, a number of amendments were agreed upon and these were
presented by Rep. Jack Seiler on the floor of the House. The amended bill passed the House
on the next to last day of session as we met with Rep. David Rivera, then Rules Chairman,
and had asked him to delay its consideration as long as possible. It died on Messages to the
Senate. On the Senate side, we knew that this legislation was a priority for Senate President
Ken Pruitt since he had previously sponsored Bert Harris changes. Our strategy was
therefore to delay it as long as possible and the Chairs of the first two Committees of
reference agreed. The strategy worked and the bill died.
City of Coral Gables -The Tower Cranes and Tower Crane Operators Certification legislation
would have required all tower cranes and tower crane operators in the state be certified by
the American National Standards Institute/American Society of Mechanical Engineers
(ANSI/ASME) or the applicable standards of the Power Crane and Shovel Association (PCSA).
These bills would have simply codified the current operating practices of the crane
companies and preempted local governments, including Broward County, from imposing
tougher wind tolerance standards, third party inspections, and building code enforcement.
The genesis for these bills was that Miami-Dade County developed a tower crane ordinance
imposing standards and inspection guidelines. A representative of the crane industry who
participated in the development of said ordinance, and who was not pleased at the final
product, then attempted to pre-empt local governments through Tallahassee. We
attempted to work with Representative Evers, the House sponsor, throughout the session
proposing an amendment that would exempt Miami-Dade and Broward Counties since both
of these are defined as "high wind velocity" areas in the Florida Building Code along with
having the highest level of construction activity and, as such, are at increased safety risk. At
various times in the session the Representative would agree to the amendment only to
subsequently reverse his position. Finally, Representative Juan Carlos Zapata presented the
amendment at the Policy and Budget Council and on the floor of the House of
Representatives. House leadership became involved in helping pass the bill and it was
approved by the House but procedurally died on messages to the Senate because we had
blocked the Senate bill from being heard in its first committee of reference. As an insurance
policy, House leadership amended the crane language to HB697 relating to Building
Standards by Rep. Gary Aubuchon. It too passed the House but the amendment was
stricken in the Senate. Senator Lee Constantine (from Altamonte Springs), the Senate
sponsor of SB560 (the companion to HB697) agreed with our position and he qUickly
informed Rep. Aubuchon that he would not accept any crane language. When the House
bill was taken up on the Senate floor, Sen. Constantine struck anything relating to cranes
and Rep. Aubuchon (from Cape Coral) concurred with the Senate position on the floor of the
House on the last day of session, despite House leadership pushing for the language on
behalf of the crane industry.
Village of Key Biscayne -Gomez Barker Associates represents the Village of Key Biscayne
before the Florida Legislature and state executive bodies. The firm was retained as general
legislative consultant but with the specific task of obtaining state funding for the re-
construction of Crandon Boulevard, the main traffic artery of the Village. Since Crandon
Boulevard is a local road, state policy does not allow for funding from the Florida
Transportation Trust Fund and thus an innovative argument needed to be crafted. Crandon
Boulevard is the only means of access to Bill Baggs State Park, the second most visited state
park in the Florida system and only one of two recreational facilities that shows a monetary
profit to the state. The firm's staff researched state policy with regard to similar situations
and found that Florida had provided support to local governmental entities when a
municipal road was the only means of ingress and egress to correctional facilities in North
Florida. Armed with that knowledge and precedent, Gomez Barker Associates arranged for
City officials to approach the local legislative delegation as well as the Secretary of
Transportation to secure financial support for Crandon Boulevard. The Department of
Transportation unfortunately balked, leaving no choice but for legislators to place a $1
million line item in the budget. The funding was taken from DOT's operating account and
thus DOT representatives approached the Chairmen of the House and Senate
Appropriations Committees to delete said funding. In the interim, we had briefed the
respective Chairs and they were fully supportive of the Crandon project, arguing that the
state should not do more for prisoners than it was willing to do for law-abiding citizens.
Recognizing that they were about to lose their funding, DOT then offered to direct XU funds
at a level of $1 million for the Crandon project and to certify Key Biscayne to receive the
funding directly through LAP certification. In turn, the Village requested $2 million and the
Department agreed while subsequently the legislature, through additional lobbying efforts,
secured an additional $1 million for the project. Gomez Barker Associates was therefore
able to have the state contribute $3 million for the life and safety improvements of a local
road. Chip Iglesias, Village Manager, was the principal contact and his telephone number is
(305) 365~5514.
County and Municipal references for Gomez Barker Associates
Coral Gables, City of
Since 2001
Professional fee $75,000
Pat Salerno, City Manager
(305) 460-5201
Key Biscayne, Village of
Since 2002
Professional fee $54,000
John Gilbert, Village Manager
(305) 365-5514
Miami Beach, City of
Since 1998
Professional fee $90,000
Kevin Crowder, Director, Economic Development
(305) 673-7193
Miami-Dade County
Since 1996
Professional fee $52,000
Joe Rasco, Director of Intergovernmental Affairs
(305) 375-5611
West Miami, City of
Since 1989
Professional fee $36,000
Yolanda Aguilar, City Manager
(305) 266-1122
Cutler Bay, Town of
Since 2007
Professional fee $60,000
Steven Alexander, City Manager
(305) 234-4262
North Bay Village, City of
Since 2006
Professional fee $40,000
Dennis Kelly, City Manager
(305) 756-7171
Lake Park, Town of
Since 2008
Professional fee $32,000
John Dubois, Mayor
(561) 881-3300
Surfside, Town of
Since 2006
Professional fee $40,000
Roger Carlton, Town Manager
(305) 993-1052
A comprehensive list of clients for Gomez Barker Associates is located under Tab 12
7. Provide resumes of staff that will be performing work.
The resumes for Fausto B. Gomez, Manny Reyes and Evan Power are included in Tab 3
FAUSTO B. GOMEZ
1036 South Greenway Drive
Coral Gables, Florida 33134
(305) 774-6172
SUMMARY OF QUALIFICATIONS
Experienced, bilingual, executive with a significant business and government
background. Proven track record of major contract management for state and local
governments; intemational and domestic businesses and organizations; and social,
educational, and economic promotion entities. Meaningful professional experience in
business and public administration, governmental relations, and international affairs.
Skilled negotiator, with extensive practice in developing consensus among diverse
consti tnencies.
PROFESSIONAL EXPERIENCE
1187 to Present Gomez Barker Associates, Inc.
Miami, Florida
President
Founder and chief executive officer of governmental relation and public affairs
consulting firm. Areas of consulting activity include legislative and agency advocacy,
research and analysis, resource development, and strategic communications. The firm is
ranked in the top tier of Florida lobbyist by Florida Trend, The Orlando Sentinel, Miami
Today, Diario Las Americas, and Exito, and was twice selected by the Miami Herald to
review and evaluate the Florida Legislature.
Significant Accomplishments:
• Worked successfully to assure that private educational institutions be included in
the distribution of lottery dollars in the state of Florida.
• Secured hundreds of millions in public funds for a variety of educational, social,
economic development, and municipal objectives.
• Modified Florida Statues to implement far-reaching modifications in the operation
of Personal Injury Protection (PIP) Insurance and the conduct of medical
providers who treat PIP insured.
• Preserved the ability of authorized lenders to ongmate, disburse and service
student loans in Florida's $730 million annual market by defeating legislation
supported by Florida's leading banks to control the market.
6/82 to Present Educational Management Services, Inc.
Miami, Florida
Vice President
Founder of management and consulting firm specializing in providing targeted training,
technical assistance, and consulting services to government; educational institutions; and
community-based organizations. Special responsibilities in the area of strategic planning
and marketing.
Significant Accomplishments:
• Processed over 60% of all federal Title IV assistance provided to foreign
educational institutions since 1982.
• Helped the Latin Chamber of Commerce of the United States (CAMACOL)
create and fund its Trade and Exposition Center, which includes the only export
incubator center in the country.
• On behalf of the Florida Department of Health, manages the award-winning
Hispanic AIDS Awareness Program, the state's official Spanish language HIV
educational and prevention program.
• Organized and conducted for the United States Department of Transportation the
Region IV "Transportation Marketplace" conference with the patiicipation of
over 500 small and minority businesses.
2/80 to 1187 Florida International University
Miami, Florida
Director of Legislative Relations
Responsible to the president for the development, implementation, and overall
leadership of the governmental relations program of a mUlti-campus public
university. Duties included: establishing the annual legislative goals of the university
and derailing strategies for advancing public and govel11mental support at the federal,
state, and municipal levels; coordinating all internal and extcl11al communications
related to governmental affairs; supervising the utilization of volunteers and staff in
the lobbying effort; developing and maintaining strong and effective relationships
with many levels of the business, professional, and political sectors of the community
and the state; promoting university-industry collaborative efforts leading to the
formation of research parks and similar ventures. Special project management in the
areas of administration, budgeting, university relations, and contract development.
Member of the President's policy-making Executive Council and other senior
University bodies.
Significant Accomplishments:
• Generated an increase of l32% in legislatively appropriated funds and tripled
the annual level of public contract and grant funding.
• Secured legislative approval for upgrading the University to a four-year
comprehensive institution with an increased range of masters and doctoral
programs, and for the establishment of new schools in engineering,
architecture, Nursing, and Health Sciences. The University received more
academic program approvals from the Board of regents and Legislature than
all other Florida public universities combined.
• Obtained legislative funding to construct five major campus facilities and
numerous auxiliary structures.
• Launched and obtained funding for the Comprehensive University Plan, a
$160 million program to enhance the availability of postsecondary education
in Southeast Florida.
5/77 to 2/80 The City of Miami
Miami, Florida
Administrative Assistant to the Mayor
A senior position with involvement in all activities of the Office of the Mayor at
City HalL Duties included: developing and applying office procedures relating to
operations, personnel, and budget; serving as principal mayoral representative at
public events and on panels, committees, and to the City administration; planning,
organizing, and coordinating mayoral activities with the private sector and other
governmental entities; formulating strategies for advancing public understanding
and support of the Mayor's programs; articulating the Mayor's goals and
objectives to the community and the media.
Significant Accomplishments:
• Mediated between neighborhood advisory boards and the City
administration regarding the expenditure of community development
funds, thus assuring the success of the Mayor's principal vehicle for
stimulating investments in the core areas of Miami.
• Monitored hearings on the police department to revamp operational
procedures and increasing minority representation on the force.
• Conceived and organized the City of Miami's relief flight to assist the
victims of hurricane David in the Dominican RepUblic. The President of
the United States publicly cited this effort as a distinguished example of
American concern and initiative.
6/74 to 5/77 Assistant to the Mayor
Responsible for performing an array of tasks associated with the operation of
the Mayor's office. Duties included: providing "hands on" direction of a
constituent services program; serving as liaison between the Mayor and the
Hispanic community; representing the Mayor at public functions; preparing
the Mayor's personal agenda for City Commission meetings; conducting
research and preparing briefing papers on public policy issues.
Significant Accomplishments:
• Recommended policy changes adopted by the City Commission
regarding the distribution of funds to community-based organizations.
EDUCATION
1977
1974
Florida International University
Miami, Florida
B.A., Political Science
Miami-Dade Community College
Miami, Florida
A.A., Political Science
SPECIAL PROJECTS AND AFFILIATIONS
Member of the Board of Directors of the Trust for Public Lands
Member of the Florida Secretary of State's Intergovernmental Affairs Foundation
Graduate of Leadership Florida, Class XXI
Consultant to the Technical Secretariat of the Presidency in the Dominican Republic
during the administration of President Joaquin Balaguer. Responsible for creating a
management model for international development assistance and focusing those
resources on national economic goals.
Political analyst and special correspondent for the ABC and Univision television
affiliates in Miami for state and local elections and Florida legislative sessions.
Fonner Member of the Board of Directors of the Florida Humanities Council
Fonner Member of the Executive Committee of the Florida Council for International
Development
Former member of the international Trade and Economic Development Board of
Enterprise Florida, the Florida International Trade and Investment Council, and the Dade
County International Affairs Commission.
Former Chaim1an of the Greater Miami Chamber of Commerce's International
Governmental Issues Committee and member of the lobbyist Advisor Board.
Former member of the Executive Committee, World Trade Center/Miami
Former member of the City of Miami's Bond Underwriters, Banking, and Financial
Advisor Selection Committees
Fonner Vice Chairman of the Miami-Dade/Santo Domingo Sister Cities Committee
Former member of the Metro-Miami Marketplace: Destination 2001 Planning
Committee.
5301 S.W. i h Street
Miami, Florida 33134
(305) 282-9199
Manuel Reyes ------------------------------------------------------
Education 1995-1999 Florida International University Miami, FL
• Political Science, B.A.
• Focus of study in Urban Politics and American Foreign Policy
1994-1995 University of Florida Gainesville, FL
• Course work in Political Economics and Caribbean Politics
1992-1994 Miami Dade Community College Miami, FL
• Associates of Arts, International Relations
• Focus of study in Russian Politics and the fall of Communism
Experience 1996-Present Gomez Barker Associates, Inc. Miami, FL
Associate Lobbyist
• Engage in governmental relations and public afi:airs consulting by
developing and monitoring legislation for state and local
governments, international and domestic organizations, regulated
industries, and social, educational and economic promotional
entities.
1990-1996 Economic Marketing Services, Inc. Miami, FL
Vice President of Sales
• Directed sales team of purchasing agents
• Coordinated logistics for transportation, delivery and customs
clearance.
• Assisted in client recruitment, with particular interest in Mexico
and Latin America.
Activities Board Member, Next-In-Line
Board Member, Best Buddies Jobs
Former Member, Florida International University College Republicans
Co-Founder, Young Undergraduate Cuban American Organization
Former Member, Cuban American Student Association
Alumni and fornler Public Relations Chairperson, Pi Kappa Alpha
Former Public Relations-Vice Chairman, Children's Miracle Network
References Available upon request
Education
Career History
Evan James Power
2740 West Tharpe Street
Unit 307
Tallahassee, FL 32303
(850)519-1062
cvanjpowcr@yahoo.com
Florida Sate University
Bachelor of Science Degree in FiJl.mce
Minors in Political Science and History
Florida State University
M;/ster ofSciellce ill Political ScieJICe
Mfljor ill American Politics and PlIblic Policy
Florida I·louse of Representatives, Tallabauee, FL
Legislative Analyst
Speaker Designate Marco Rubio
• 'I'racked Legislative Priorities
Researched Issues interests of the Speaker Designate and provide
analysis of how changcs could be implemcnted
• Drafted Committee and Floor j\mendments
Handled Constituent Requests and Press Inquiries
Florida HOllse of Representatives, Tallabassee, PI.
Administmtive Assistallt
Llousc l\hjority Leader TV[areo Rubio
• Managed Phones and Front Desk
• Managed Calendar and Scheduling of Capitol Appointmcnts
• Tracked Priority Bills and Appropriation Requcsts of 84 confercnce
members
• Handled variolls research projects of interest to the Majority Leader
Florida House of Representatives, Tal!abassee, FL
Clerk
Speaker.J ohnnie Byrd, Office of Communications
• Maintained database ofpcople who wrote, called, Of cmailed the
Speaker
• Complied daily news dips for the Speaker and Staff
• Assisted in various staff research and media projects
/lltgmi 2004
J) ece1JJ ber 200.5
NOINJIJI/Jer 2004·
Manh2006
j)~t'em/Jer 2003·
NOlJCmber 2004
JulY 2003-
Duember 2003
E Respondent's Sworn Statement Under Section 287.133(3)(A), Florida Statutes, on Attachment
#l/(Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided
with the proposal submittal.
ATTACHMENT #2 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
, ,t ; , .1. . .LA
LOBBYING SERVICES
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A
person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a Bid on a Contract to provide any goods or services to a
public entity, may not submit a Bid on a Contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor,
or Consultant under a Contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount Category Two of Section 287.017, Florida
Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the prOVisions of Chapter I 12, Florida State
Statutes. BIDDERS must disclose with their Bids, the name of any officer. director. partner,
associate or agent who is also an officer or employee of the City of South Miami or it's
agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to Ct'ty fPf .It/bit/' /f//,4#7/ .
[print name of the public entity]
[print indiVidual's name and title]
for ? (2P1 e 'i. {Ja I' K e ,. /If J pC /4 te.(, In t .
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is G:? .. ~~l\J-t
(If the entity has no FEIN. include the Social Security Number of the individual signing this
sworn statement: .)
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency
or political subdivision of any other state or of the United States, including, but not
5.14,12 CA Approval 5.8,12 RFP Lobbying Services 2012_.127 11 Rev 2 27 12 Page 31 of36
limited to, any bid or contract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the United States and
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I )(b),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July I, 1989, as a result of a jury
verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133 (I )(a), Florida Statutes,
means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime. The
term "affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in any person, or a
pooling of equipment or income among persons when not for fair market value under
an arm's length agreement, shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133 (I )(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the
United States with the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services led by a public entity,
or which otherwise transacts or applies to transact business with a public entity. The
term "person" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which 1 have marked below is true in
relation to the entity submitting this sworn statement. [Indicate which statement
applies.]
?'either the entity submitting this sworn statement, nor any of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, nor any affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July I, 1989.
5.14.12 CA Approval 5.8. J 2 RFP Lobbying Services 2012_127 II Rev 2 27 12 Page 32 of36
Continuation of Attachment #2 Public Entity Crimes and Conflicts
__ The entity submitting this sworn statement, or one or more of its officers,
directors, executives. partners, shareholders, employees, members, or agents who are
active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent to July I, 1989.
__ The entity submitting this sworn statement, or one or more of its officers.
directors, executives. partners. shareholders, employees, members, or agents who are
active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent of July I, 1989. However, there has
been a subsequent proceeding before a Hearing Officer of the State of Florida, Division
of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this
sworn statement on the convicted vendor list. {attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY. AND THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND
THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM.
Sworn to and subscribed before me this
~0:rsonaIlY known or
Produced identification
(Type of identification)
-\-~r
[signature]
~ \ day of ---==---
Notary Public -State of r::\ f'Y~ A 0..... ------------------
My commission expires S .. e_--e\· :;:....' '~\ '\
(Printed, typed or stam~~ •• ,~""rf .. ,"", ~~~M't:~~rr.t~~-It blic)
• __ *->r<v P"~:-~ EMILIA LUGO Form PUR 7068 (Rev.06/1 1/92) g 'f~. "."~. Notary Public. State Df Florida
~~" :;J My Comm. Expires Sep 2.2014
"";:r o"co..t~·':-Commission # EE 22857
"" It ~~,
5.14.12CAApprovaI5.8.12RFPLobbyingScrviccs2012_127II Rcv22712 Page 33 of36
f. The Respondent, whether an individual(s) or a Company, will not be permitted to
represent any client before the Commission or any Committee, department or agency of
the City, and will agree not to undertake any other private representation which might
create a conflict of interest with the City. The individual{s}/Company may not represent
any Commission member, individually, or, any member of their family or any business in
which the Commission member of their family has an interest.
The Gomez Barker firm agrees with the conditions detaifed above and will adhere to
them.
g. All proposals received will be considered public records. The City will consider all proposals using
such criteria as the Commission may adopt at its sofe discretion. The individuaf(s)/Company
selected will be required to enter into a formal agreement with the City, prior to the execution of
which the City shall reserve all rights, including the right to change its selection.
Gomez Barker Associates recognizes that its submission will be open to any and all public
records reque?ts. And if selected is prepared to enter into a formal agreement with the City.
h. Respondent's Attachment # 2 "Drug Free Workplace" form shall be completed and provided
with the proposal submittal.
ATTACHMENT #3 DRUG FREE WORKPLACE
;: ZQ&uqz to; &¥ .. .... ".ill
LOBBYING SERVICES
Whenever two or more Bids which are equal with respect to price, quality and service are
received by the State or by any political subdivisions for the procurement of commodities or
contractual services, a Bid received from a business that certifies that it has implemented a
drug-free workplace program shall be given preference in the award process. Established
procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free
workplace program. In order to have a drug-free workplace program, a business shall:
I. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under Bid a copy of the statement specified in Subsection (I ).
4. In the statement specified in Subsection (I), notify the employees, that, as a condition of
working on the commodities or contractual services that are under Bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction
of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any
controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
S. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program, if such is available in the employee's community, by any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this Company compties fully with
the above requirements.
PROPOSE~--~--~, /
Signature: •
-Th-~-S\1J---:::-7"":'r~"",,". -. -60-------.-" M~e:~ .. z.....-
Print Name:
Date: _S'..L-\ ~4---t-'~ \'---'1.... ___ _
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012.)2 7 11 Rev 2 27 12 Page 34 of36
I. Respondent's Attachment # 3 tlNo Conflict of Interest/Non Collusion Affidavit," shall be
completed and provided with the proposal submittal.
ATTACHMENT #4 No CONFLICT OF INTEREST/NoN-COllUSION
CERTIFICATION
GJ. .1.' gF. 'Ii! &
LOBBYING SERVICES RFP
Submitted thi~'\-~ay of __ f\l_U&-:::::::::lr--____ ,. 20 \}..
The undersigned. as Bidder/Proposer. declares that the only persons interested in this RFP are named
herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains;
that this response is made without connection or arrangement with any other person; and that this
response is in every respect fair and made in good faith, without collusion or fraud.
The Bidder/Proposer agrees if this response/submission is accepted. to execute an appropriate CITY
document for the purpose of establishing a formal contractual relationship between the
Bidder/Proposer and the CITY. for the performance of all requirements to which the
response/submission pertains.
The Bidder/Proposer states that this response is based upon the documents identified by the following
number: Bid/RFP
The full-names and residences of persons and Companies interested in the foregoing bid/proposal. as
principals. are as follows:
The Bidder/Proposer further certifies that this response/submission complies with section 4(c) of the
Charter of the City of Miami. Florida. that. to the best of its knowledge and belief, no Commissioner.
Mayor, or other officer or employee of the CITY has an interest directly or indirectly in the profits or
emoluments of the Contract. job. work or service to which the response/submission pertains.
Signa,: ~l=
OJ PrintedName:Th~~ ~. G6~B"1-
Title: =st~ \\)tJS\
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_J2 7 II Rev 2 2712 Page 35 of36
("L"'';;;;: o~~ .. ~,8" a Telephone: \...7'-'::.) 0 -------------------------------------
Company Name ~""'~1,... ~~F\Jf};!:; I~'
Continuation of Attachment #4No Connict of inter/Non-Collusion Certification
NOTARY PUBLIC:
STATE OF
COUNTY OF
The foregojn~ instrument was ackn~wledged b~~e. me thiS~, .~ ?ay of _'-~ V'-..t~ . 20 \ .~ by \;. C~'-5~. '" \:s.. (..3''C.,,,,,,-,e2 .. (name of
person whose sign~ture is being notarized) who is
SEAL
~"~~~~.~{.:~"" EMll1A' (UGO
'>0 (,... t fl 'd !'" : •• "J Notary Public -State 0 on a
~~. : "s My Comm. Expires Sep 2, 2014
""{'l'OFfcot~~ Commission # EE 22857 11"1"""
/P~rsOnaIlY known to me, or
Personal identification:
Type of Identification Produced
Did take an oath. or
Print, Stamp
or type as commissioned.)
FAILURE TO COMPLETE, SIGN, & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE
5.14.12 CA Approval 5,8.12 RFP Lobbying Services 2012_127 11 Rev 2 27 12 Page 36 of36
J. Cost Proposal-All proposals shall be computed on a flat total fee basis akin to a salaried position.
PRICE PROPOSAL SHEET
. MM 4¥WWiil(. ~ . 24
LOBBYING SERVICES
Proposers must include the Price Proposal Sheet with their submittal. Failure to do so will
render your proposal non-responsive and will be rejected from further consideration.
PRICE PROPOSAL SHEET
Annual Amount
Year I (12 Months) l~&/(j51)
Year 2 (12 Months) ! Ltt:~ .
S\. 4~/C)ID Year 3 (12 Months)
3 YEAR TOTAL ~\L~\~
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_127 II Rev 227 12 Page 5 of36
Lobbying Services: Bid Notices
Gomez Barker Manny Reys
Akerman Neisen Kasdin
Southern Strategy Ms. Holtzman
Multistate Associates Inc Web Email
Miami Dade League of Cities Richard Kuper
Board Liason/Executive
Florida League of Cities Offices
Ron Book PA Offices
Ballard Partners Offices
Demand Star X
Daily Bus Review X
~
If}R\\)
City of South Miami
REQUEST FOR PROPOSALS
LOBBYING SERVICES
The City of South Miami, Florida, hereinafter referred to as City, will receive sealed proposals for a
three-year contract for Lobbying Services. The submittal, consisting of one (I) original unbound
proposal (clearly identify the original). ten (10) additional copies and one (I) digital copy
(CD or Flash Drive) shall be enclosed in a sealed envelope or container and shall have RFP Lobbying
Services, and the name of the respondent clearly written on the exterior.
All proposals must be received by the Office of the City Clerk, South Miami City Hall, 61 30 Sunset
Drive, South Miami, Florida 33143. Sealed Proposals must be received by the City Clerk, either by mail
or hand delivery, no later than 10 A.M. local time on lune I. 2012. A public opening will take
place at lOAM. in the City Commission Chambers located at City Hall on the same date. Any
Proposals received after lOAM. local time on said date will not be accepted under any circumstances.
Any uncertainty regarding the time a Proposal is received will be resolved against the Bidders.
The Project is generally described as:
The City seeks to retain a qualified individual or Company for a three-year contract to represent the
City in matters relating to the services of a legislative consultant for matters in which the City may need
professional services before the Florida Legislature, State of Florida administrative agencies, the Florida
Governor and Cabinet, etc. Such services shall include, but not be limited to, attending state legislative
committee hearings and meetings, rule making proceedings or other administrative or legislative agency
meetings.
Any requests for additional information or clarification should be submitted in writing by 10:00 A.M.
local time on Wednesday. May 30. 2012 to the attention of Steven Kulick, C.P.M. Purchasing
Manager at skulick@southmiamifl.gov or via facsimile at (305) 667-7806.
Proposals are subject to the attached Standard Terms and Conditions contained in the complete bid
package. Interested Bidders who wish to bid on this RFP can obtain the complete bid package at City's
website at Q!;Y.ofso.!JthmiamLnetlindex.php?src=gendocs&ref=BidPosting20 10&category=RFPs-and-Bids
or at the City Clerk's office Monday through Friday from 9:00 AM. to 4:00 P.M.
The City of South Miami reserves the right to award the bid to the lowest, most responsive,
responsible bidder, as determined by the City Commission, subject to the right of the City to reject any
and all bids, to waive any irregularity in the bids or bidding procedure and subject also to the right of
the City to award bid and contract to bidders other than the low bidder.
Maria Menendez, CMC
South Miami City Clerk
TABLE OF CONTENTS
BACKGROUND .............................................................................................................................................. 1
SCOPE AND PURPOSE .................................................................................................................................... 2
PRICE PROPOSAL SHEET ................................................................................................................................ 5
GENERAL CONDITIONS & INFORMATION ................................................................................................... 6
SUBMISSION REQUiREMENTS .......... , ........................................................................ 16
EVALUATION AND SELECTION OF CONSULTANT ............................................................ 19
PROPOSAL SUBMITTAL FORM .................................................................................. 20
ATTACHMENT # I LOBBYING SERVICES AGREEMENT ................ , ............................... , ........ 21
ATTACHMENT #2 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST .................................. 31
ATTACHMENT #3 DRUG FREE WORKPLACE ......................................................... , ....... 34
ATTACHMENT #4 No CONFLICT OF INTEREST/NoN-COLLUSION CERTIFICATION ........................... 35
BACKGROUND
M &
LOBBYING SERVICES
The City of South Miami (hereinafter referred to as the "City") is governed by a five (5)
member Commission comprised of a Mayor and four (4) Commissioners all of which are
elected at-large. The City's Commission-Manager form of government vests administrative
responsibilities with the City Manager and appointment of the City Manager, the City Attorney
and the City Clerk with the City Commission.
The City is a small municipality within Miami-Dade County, Florida. As of the Census of 20 I I,
the City's population was I 1,657, a population change of 8.53% from the 2000 Census. Total
housing units increased by 16.09% to 5,174 over the 2000 -20 I 0 period.
The City is seeking proposals from qualified individuals or Companies (hereinafter referred to
as the "Respondent") to provide Lobbying Services. These services shall include, but not be
limited to, the following: scheduled, extended, special legislative sessions and meetings; state
administrative and agency hearings, meetings, or rule making proceedings; and legislative
consulting services in accord with this Request for Proposals (RFP).
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 1 of36
SCOPE AND PURPOSE
LOBBYING SERVICES
The City seeks to retain a qualified individual or Company for a three-year contract to
represent the City in matters relating to the services of a legislative consultant for matters in
which the City may need professional services before the Florida Legislature, State of Florida
administrative agencies, the Florida Governor and Cabinet, etc. Such services shall include, but
not be limited to, attending state legislative committee hearings and meetings, rule making
proceedings or other administrative or legislative agency meetings.
The contract services shall include, but not be limited to, the following: scheduled, extended or
special legislative sessions and meetings; state administrative and agency hearings, meetings or
rule making proceedings; and legal and legislative consulting services in accord with the terms,
conditions and specifications contained in this RFP. The Successful Respondent shall agree to
be available at all times upon reasonable request to meet with the City Commission, City staff,
and others as specified in order to perform the responsibilities assigned; and to attend
meetings, represent the interests of the City, and act as liaison between the City and all
branches, departments, and agencies of State government, at any legislative committee meeting
or meetings with the Governor, Cabinet or Cabinet members, or state agencies on matters
under the scope of this RFP.
The Successful Respondent shall understand the various laws and proposals and shall possess
the ability to interpret the legal implications of the same. The Successful Respondent shall
monitor proposals and activities in meetings regarding state administrative and agency hearings,
as well as in rule challenges in the Division of Administrative Hearings. This shall include, but
not be limited to, a review of the agendas and provision of notification to the City as pertinent
issues arise. The Successful Respondent shall also report the outcome of such meetings and
shall be prepared to lobby committee members prior to the same in an effort to advance the
City's desired positions.
There is no finite number of City meetings or meetings of governmental agencies in which the
Successful Respondent shall need to attend and actively participate.. This will be determined by
the City and will be on an as needed basis.
SPECIFIC DUTIES AND RESPONSIBILITIES:
• Review on a continuing basis all existing and proposed State policies, programs, and
legislation; identifying those issues that may affect the City or its citizens and regularly
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 7 11 Rev 2 27 12 Page 2 of36
inform the City of the same; and, provide legal and legislative expertise and consulting
services.
• Review the legislative policy statements adopted by the Florida League of Cities and the
policy statements of other local government lobbying groups for the purpose of
identifying issues which may impact the City.
• Assist the City Commission and City staff in the coordination and development of the
City's legislative program which may include, but are not limited to, the following: public
safety, law enforcement, business attraction and retention, infrastructure improvements,
telecommunications, transportation, solid waste, environmental, affordable housing,
economic development, revenue enhancement, annexation, mandates and other issues.
• Monitor state legislative committee meetings, state agency hearings and meetings prior
to and during regular and special legislative session(s) at which specific issues within the
City's adopted legislative program are considered, as well as other issues that may arise.
• Work with the City Commission, staff and the Miami-Dade County Legislative
Delegation developing special or general legislation in keeping with, or supportive of, the
City'S adopted legislative program.
• Develop and evaluate strategy for the support, opposition, or amendment of pending
legislation.
• Testify and lobby before the Legislature, Governor and Cabinet as necessary on behalf
of the City, during the annual legislative session, extended, or special session(s) and at
legislative committee meetings and meetings of the Miami-Dade County Legislative
Delegation.
• Appear and testify before state agency hearings, rule making proceedings and other
administrative agency or legislative meetings, as required, to promote, oppose, and seek
passage of legislation affecting the City or its citizens, and specific legislation contained in
the City's legislative program.
• Upon request, coordinate appointments/meetings between the City Commission or
other City staff and appropriate state officials and legislators.
• Such reports may include, but not be limited to, personal briefings and information
bulletins pertinent to any legislation, rules, or regulations, and other state policies or
programs that affect the City and its citizens either directly or indirectly. A written
summary report shall be submitted at the end of each week detailing legislative action
taken during the week, status of legislative issues, and anticipated action during the
upcoming week.
5.l4.l2 CA Approval 5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 3 of36
• A written report that summarizes the status of the City's legislative priorities shall be
provided within one (I) week of the closing of the session and a more detailed final
written report on specific legislation affecting the City shall be provided within a
reasonable time period, not to exceed thirty (30) days from the close of session.
• Provide periodic written reports (at least monthly) during those months that the
legislature is not in session, on issues of interest or concern to the City. Such
information may include, but is not limited to, action taken at interim committee
meetings, rule making hearings, status of studies underway, and advance notice of
legislation being proposed.
• Upon request by the City, assist the City in coordinating applications and obtaining State
permits and grants.
MINIMUM QUALIFICATIONS:
To be eligible to respond to this RFP, the Respondent(s) must demonstrate that they, or the
principals assigned to the project, have successfully performed the services in the Scope of
Services section of this RFP. At a minimum, qualification submittals should include:
•
•
A list of three (3) public sector clients for whom lobbying services have been performed
within the past five (5) years, inclusive of agency name, contact name, address, email,
telephone and fax numbers;
A history of the organization, including current organizational chart (if applicable), and
any other appropriate descriptive information, which will be helpful in the evaluation of
qualifications and experience, inclusive of the number years providing lobbying services
and provide a list of contracts inclusive of a brief scope of services, fees charged and
staff member who managed the contract.
• Identify the principal(s), "team" members and their individual roles in the contract with
the City, including the number of years each member has been lobbying at both the
state and federal level.
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 4 of36
PRICE PROPOSAL SHEET
zt
LOBBYING SERVICES
Proposers must include the Price Proposal Sheet with their submittal. Failure to do so will
render your proposal non-responsive and will be rejected from further consideration.
PRICE PROPOSAL SHEET
Annual Amount
Year I (12 Months)
Year 2 (12 Months)
Year 3 (12 Months)
3 YEAR TOTAL
5.14.l2 CA Approval 5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 5 of36
GENERAL CONDITIONS & INFORMATION
LOBBYING SERVICES
I. Submission of Request for Proposals
Companies shall submit one (I) original unbound proposal, ten (10) additional copies and
one (I) digital CD copy. Request for Proposals must be in conformance with the detailed
submittal instructions and must be delivered by mail or courier personal delivery by June
I. 2012 at 10:00 A.M, shall be enclosed in a sealed envelope or container and shall have
RFP Lobbying Services, and the name of the respondent clearly written on the exterior. No
faxed or email RFP responses will be accepted. RFP's may be submitted in person or by
mail to the following address:
Office of City Clerk
South Miami City Hall
6130 Sunset Drive
South Miami, FL 33143
Upon submission, all documents become the property of the City of South Miami and are
subject to public records laws.
2. Rules. Regulations. Laws. Ordinances. & Licenses
The awarded Company shall observe and obey all laws, ordinances, rules, and regulations of
the federal, state, and local municipality, which may be applicable to the service being
provided. The Company shall have or be responsible for obtaining all necessary permits or
licenses required in order to provide this service.
3. Requests for Additional Information or Questions
Any requests for additional information or clarification should be submitted in writing by
10:00 A.M. local time on Wednesday May 30. 2012 to the attention of Steven Kulick,
C.P.M. Purchasing Manager at skuIick@southmiamifl.gov or via facsimile at (305) 667-7806.
The issuance of a written addendum is the only official method whereby interpretation
and/or clarification of information can be given. If any addendums are issued to this RFP, the
City will notify all prospective Companies via the City's website.
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 6 of36
4. Lobbying
All Companies and their agents who intend to submit, or who have submitted, bids or
responses for the City of South Miami Lobbying Services are hereby placed on formal
notice that neither City Commissioners, candidates for City Commissioners, members
of the Evaluation Selection Committee, nor any employee of the City of South Miami
are to be lobbied either individually or collectively concerning this City of South Miami
Lobbying Services RFP.
Contact should only be made through regularly scheduled Commission meetings,
Evaluation Selection Committee meetings scheduled for interviews and/or negotiations,
or meetings scheduled through the Purchasing Division, which are for the purposes of
obtaining additional or clarifying information.
5. Cone of Silence: All firms and their agents shall comply with the "Cone of Silence"
prohibitions contained in the Miami-Dade County's Cone of Silence Ordinance No. 98-
106, Part III, chapter 2, article I, section 2-11.1 (t)(a). Contact should only be made
through regularly scheduled Commission meetings, Evaluation Selection Committee
meetings scheduled for interviews and/or negotiations, or meetings scheduled through
the Purchasing Division, which are for the purposes of obtaining additional or clarifying
information.
6. Reserves the Right
The City anticipates awarding one or more contract(s) for services as a result of this
Request for Proposals. The City, however, reserves the right to reject any and all
submitted Proposals and to further define or limit the scope of the award.
The City reserves the right to request additional information from Companies as
deemed necessary. Notice is also given of the possibility that an award may be made
without discussion or after limited negotiations. It is, therefore, important that all the
parts of the Request for Proposals be completed in all respects.
The City reserves the right to negotiate modifications to Proposals that it deems
acceptable, reject any and all responses to the RFP in its sole discretion, and to waive
minor irregularities in the procedures.
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 7 of36
7. Contract Cancellation
The resulting contract may be canceled at any time by the City of South Miami for any
reason, upon a thirty (30) day written cancellation notice.
8. Ownership of Preliminary and Final Records
All preliminary and final documentation and records shall become and remain the sole
property of the City. The awarded Company shall maintain original documents thereof
for its records and for its future professional endeavors and provide reproducible
copies to the City. In the event of termination of the agreement, the proposing
Company shall cease work and deliver to the City all documents (including reports and
all other data and material prepared or obtained by the awarded Company in
connection with the City of South Miami Lobbying Services RFP), as well as all
documents bearing the professional seal of the Company. The City shall, upon delivery
of the aforesaid documents, pay the Company and the Company shall accept as full
payment for its services there under, a sum of money equal to the percentage of the
work done by the Company and accepted as satisfactory to the City.
9. Indemnification
To the extent permitted by law (F.S. 768.28) the proposing Company shall indemnify
and hold harmless the City, its officers and employees, from liabilities, damages, losses
and costs, including, but not limited to, reasonable attorney's fees, to the extent caused
by the negligence, recklessness, or intentional wrongful misconduct of the proposing
Company and any persons employed or utilized by proposing Company in the
performance of this contract.
10. Equal Employment
In accordance with Federal, State and Local law, the proposing Company will not
discriminate against any employee or applicant for employment because of race, color,
ethnicity, religion, sex, sexual orientation, national origin or handicap. The proposing
Company will be required to comply with all aspects of the Americans with Disabilities
Act (ADA) during the performance of this contract.
I I. Insurance
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 7 11 Rev 2 27 12 Page 8 of36
Without limiting its liability, the proposing Company shall be required to procure and
maintain at its own expense during the life of the Contract, insurance of the types and in
the minimum amounts stated below as will protect the proposing Company, from claims
which may arise out of or result from the proposing Company's execution of a
contract with the City of South Miami for Lobbying Services, whether such execution by
the Company or by any sub-consultant, or by anyone directly or indirectly employed by
any of them or by anyone for whose acts any of them may be liable.
The Company shall not commence WORK on this Agreement until it has obtained all
insurance required by the City. The Company shall indemnify and save the City harmless
from any and all damages. claims, liability, losses and causes of actions of any kind or
nature arising out of a negligent error, omission, or act of the Company, its agents,
representatives, employees, Sub-Contractor, or assigns, incident to arising out of or
resulting from the performance of the Company professional services under this
Agreement. The Company shall pay all claims and losses of any kind or nature
whatsoever, in connection therewith, including the City's attorney's fees and expenses in
the defense of any action in law or equity brought against the City arising from the
negligent error, omission, or act of the Company, its agents, representatives, employees,
Sub-Contractor, or assigns, incident to, arising out of or resulting from the performance of
the Company's professional services under this Agreement ..
The Company agrees and recognizes that the City shall not be held liable or responsible
for any claims, including the costs and expenses of defending such claims which may result
from or arise out of actions or omissions of the Company, its agents, representatives,
employees, Sub-Contractors, sub-contractors, or assigns. In reviewing, approving or
rejecting any submissions or acts of the Company, the City in no way assumes or shares
responsibility or liability of the Company, Sub-Contractors, their agents or assigns.
The Company shall maintain during the term of this Agreement the following insurance:
A. Professional Liability Insurance on a Florida approved form in the amount of
$1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability
providing for all sums which the Company shall become legally obligated to pay as
damages for claims arising out of the services or work performed by the Company its
agents, representatives, Sub-Contractors or assigns, or by any person employed or
retained by him in connection with this Agreement. This insurance shall be
maintained for four years after completion of the construction and acceptance of any
Project covered by this Agreement. However, the Company may purchase Specific
Project Professional Liability Insurance, in the amount and under the terms specified
above, which is also acceptable.
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12711 Rev 2 2712 Page 9 of36
B. Comprehensive general liability insurance with broad form endorsement, on a Florida
approved form including automobile liability, completed operations and products
liability, contractual liability, severability of interest with cross liability provision, and
personal injury and property damage liability with limits of $1,000,000 combined single
limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance $25,000 per person;
• Property Damage: $50,000.00 each occurrence;
• Automobile Liability: $1,000,000 each accident/occurrence.
C. Umbrella Commercial General Liability insurance on a Florida approved form with the
same coverage as the primary insurance policy but in the amount of $5,000,000 per
claim.
The City must be named as additional "named" insured for all except Workers'
Compensation, and reflect the indemnification and hold harmless provision contained
herein. Policy must specify whether it is primary or excess/umbrella coverage. City
must receive 10 days advance written notice of any policy modification and 30 days
advance written notice of cancellation, including cancellation for non-payment of
premiums. All insurance must remain in full force and effect for the duration of the
contract period with the City. The Company must prOVide not only a "certified
copy" of the Binder but also the Policy itself with the name, address and phone
number of the agent and agency procuring the insurance.
D. Workman's Compensation Insurance in compliance with Chapter 440, Florida
Statutes, as presently written or hereafter amended.
E. The policies, except for the policy described in Section I I, shall contain waiver of
subrogation against City where applicable, shall expressly provide that such policy or
poliCies are primary over any other collective insurance that City may have. The City
reserves the right at any time to request a copy of the required policies for review.
All policies shall contain a "severability of interest" or "cross liability" clause without
obligation for premium payment of the City.
5.14.12 CA ApprovaI5.S.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 10 of36
F. All of the above insurance required to be provided by the Company is to be placed
with BEST rated A-8 (A-VIII) or better insurance companies, qualified to do business
under the laws of the State of Florida on approved Florida forms.
The Company shall furnish certified copies of all "Binders" or certificates of insurance
to the City prior to the commencement of operations, which "Binders" or certificates
shall clearly indicate that the Company has obtained insurance in the type, amount,
and classification as required for strict compliance with this Section and that no
reduction in limits by endorsement during the policy term, or cancellation of this
insurance shall be effective without thirty (30) days prior written notice to the CITY.
Compliance with the foregoing requirements shall not relieve the Company of his
liability and obligations under this Section or under any other portion of this
Agreement.
Company agrees to supply copies of certificates of insurance to the City verifying
the above-mentioned insurance coverage. Company agrees to list City as an
Additional Insured of the Company General liability insurance and shall provide the
City quarterly reports concerning any and all claims.
12. Opening of Request for Proposals
Request for Proposals will be opened and evaluated after the final date and time set for
receipt. The City may request proposing Company(s) considered for award to make an
oral presentation to a selection board or to submit additional data.
13. Rejection of Proposals
The City reserves the right to reject any and all Request for Proposals. It also reserves
the right to waive any minor irregularities in connection with Request for Proposals.
14. Acceptance of Proposal
Within thirty (30) days after the final submission date for Request for Proposals, the
City will act upon them. The Successful Company will be requested to enter into
negotiations to produce a contract for City of South Miami Lobbying Services. The City
reserves the right to terminate negotiations in the event it deems progress towards a
contract to be insufficient.
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12711 Rev 2 2712 Page 11 of36
15. Applicable Law
All applicable laws and regulations of the State of Florida and ordinances and regulations
of the City of South Miami will apply to any resulting agreement and venue for any
action arising out of any agreement and such right shall remain solely with the City.
16. Qualification of Proposing Company
Request for Proposals will be considered from Companies normally engaged in
providing the services requested. The proposing Company must demonstrate adequate
experience. organization. offices. equipment and personnel to ensure prompt and
efficient service to the City of South Miami. The City reserves the right. before
recommending any award. to inspect the offices and organization or to take any other
action necessary to determine ability to perform in accordance with the specifications.
terms and conditions. The City of South Miami will determine whether the evidence of
ability to perform is satisfactory and reserves the right to reject Request for Proposals
where evidence submitted. or investigation and evaluation. indicates inability of a
Company to perform.
17. Designated Contact
The awarded Company shall appoint a person to act as a primary contact with the City
of South Miami. This person or back-up shall be readily available during normal work
hours by phone or in person. and shall be knowledgeable of the terms of the contract.
18. Deviations from Specifications
The awarded Company shall clearly indicate. as applicable. all areas in which the services
proposed do not fully comply with the requirements of this Request for Proposal. The
decision as to whether an item fully complies with the stated requirements rests solely
with the City of South Miami.
19. Precedence of Conditions
The proposing Company. by virtue of submitting a proposal. agrees that City's General
Provisions. Terms and Conditions herein will take precedence over any terms and
conditions submitted with the proposal. either appearing separately or included.
5.14.12 CA ApprovaI5.S.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 12 of36
20. Proposal Withdrawal
After Request for Proposals are opened, corrections or modifications to Proposals are
not permitted, but the proposing Company may be permitted to withdraw an
erroneous proposal prior to the proposal award by City Commission, if the following is
established:
19.1 That the proposing Company acted in good faith in submitting the proposal;
19.2 That the error was not the result of gross negligence or willful inattention on the
part of the Company;
19.3 That the error was discovered and communicated to the City within twenty-four
(24) hours of proposal opening, along with a request for permission to withdraw
the proposal; or
19.4 The Company submits documentation and an explanation of how the proposal
error was made.
21. Public Entity Crimes
A person or affiliate who has been placed on the Convicted Vendors List following a
conviction for a public entity crime may not submit a proposal on a contract to provide
any services to a public entity, may not submit Request for Qualifications on leases of
real property to a public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for a period of 36 months
from the date of being placed on the Convicted Vendors List.
22. Contingent Fees Prohibited
The proposing Company must warrant that it has not employed or retained a company
or person, other than a bona fide employee, contractor or subcontractor, working in its
employ, to solicit or secure a contract with the CITY, and that it has not paid or agreed
to pay any person, company, corporation, individual or Company other than a bona fide
employee, contractor or sub-consultant, working in its employ, any fee, commission,
percentage, gift or other consideration contingent upon or resulting from the award or
making of a contract with the City.
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 13 of36
23. City of South Miami Lobbying Services Records
All records in any manner whatsoever assigned to the City of South Miami Lobbyist, or
any designated portion thereof which are in the possession of the proposing Company
or proposing Company's sub-consultants, shall be made available, upon request by the
CITY, for inspection and copying upon written request of the CITY. Additionally, said
records shall be made available, upon request by the CITY to any state, federal or other
regulatory authorities and any such authority may review the same. Said records
include, but are not limited to, all submittals, correspondence, minutes, memoranda,
tape recordings, videos, or other writings which document and relate to the City of
South Miami Lobbyist. Said records expressly include those documents reflecting the
time expended by the proposing Company and its personnel in performing the
obligations of this Contract and the records of expenses incurred by the proposing
Company in its performance under said contract.
24. Auditable Records
The proposing Company shall maintain auditable records concerning the procurement
adequate to account for all receipts and expenditures, and to document compliance
with the specifications. These records shall be kept in accordance with generally
accepted accounting principles, and the City reserves the right to determine record-
keeping method in the event of non-conformity. These records shall be maintained for
five (5) years after final payment has been made and shall be readily available to City
personnel with reasonable notice, and to other persons in accordance with the Florida
Public Disclosure Statutes.
25. Unauthorized Aliens
The employment of unauthorized aliens by any Company is considered a violation of
Federal Law. If the Contractor knowingly employs unauthorized aliens, such violation
shall be cause for unilateral cancellation of any contract resulting from this RFP. This
applies to any sub-contractors used by the Company as well.
26. Waiver
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 14 of36
Failure of the City to take any action with respect to any breach of any term, covenant,
provision or condition contained in the agreement, or any instance of default there
under by the awarded Company should not be deemed to be a waiver of any default or
breach by the City.
27. Attorney's Fees
Should it become necessary for the City to bring any action against the awarded
Company to enforce any of the covenants, provisions, terms or conditions of the
agreement, the awarded Company will pay all costs attendant thereto, including
reasonable attorney's fees for the City.
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 7 11 Rev 2 27 12 Page 15 of36
SUBMISSION REQUIREMENTS
W&
LOBBYING SERVICES
It is imperative that the information submitted is precise, clear, and complete. All submittals
must be presented one (I) original unbound proposal, ten (10) additional copies and one (I)
digital Flash Drive or CD copy, an 8 1/2" x I I ", tabbed for the following format (submittals not
conforming to this format may be disqualified from further consideration).
Request for Qualifications should include the requirements listed below. Submittals submitted
without meeting ALL the requirements may be considered non-responsive.
I. Format
Sections and. subsections should correspond in sequence with those identified below. All
additional information that the Consultant believes is unique to a section and does not
fit the established outline may be included at the end of each section under a subheading
"Additional Information."
The following information shall be provided in the order detailed: failure to provide
anyone part of this section without appropriate explanation may result in
disqualification of proposal.
a. Title Page -List the RFP subject, the name of the Company, address, telephone
number, email address, contact person and date.
b. Table of contents -Include a clear identification of the material included in the
submittal by page number.
c. Letter of Interest --Limit two (2) pages. Make a positive commitment to perform
the required work within a specified timeline, acknowledgement of receipt of
addenda. Give the name(s) of the person(s) who will be authorized to make
representation for the Company, their title, phone number and email address.
d. Qualifications and Experience
I. Provide a brief discussion of the Company's understanding and
approach to the work described herein.
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 16 of36
2. A resume of the individual(s)/Company; who will work on City matters and a
statement identifying the individual(s) who will attend meetings and have
primary responsibility for City matters and whether the individual(s)
represents other municipalities.
3. A list of any individual(s) or Company with whom the Respondent has a
contractual relationship or other business affiliation.
4. A disclosure of the following: (a) any relationships between the individual(s)
of the Company and any Commission member, his/her spouse, or family: (b)
any relationship between any individual(s) of the Company and any business
or entity owned by a Commission member or their family or in which a
Commission member or their family has or had an interest; (c) any other
information concerning any relationships between the individual(s) of the
Company and any Commission member which the Respondent deems might
be relevant to the Commission's consideration; (d) such other governmental
or quaSi-governmental entItIes which are represented by the
individual(s)/Company, and the nature of the representation in such matters;
and (e) a "conflict list" if the same is maintained by the individual(s) or the
Company.
5. The individual(s)/Company shall be expected to provide the following
minimum legislative services including, but not limited to, the following:
a. Upon the City's request, attendance at any and all meetings of the City
Commission, including special and emergency meetings, and all
committee, agency and board meetings;
b. Preparation of any and all necessary lobbying-related documentation;
c. Preparation of any and all reports detailing, explaining and assessing any
and all proposed, new or modified laws;
d. Provision of expert advice on any and all applicable Federal, State and
local legislation;
e. Advice on any and all general questions concerning lobbying-related
matters; and
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 17 of36
6. Provision of three (3) commitments the individual(s)/Company performed
involving services similar to those detailed herein. Provision of a schedule.
cost and scope of work. Provision of references to the City of South Miami.
7. Provision of resumes for staff that will be performing work.
e. Respondent's Sworn Statement Under Section 287.133(3)(A). Florida Statutes. on
Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit,"
shall be completed and provided with the proposal submittal.
f. The Respondent. whether an individual(s) or a Company. will not be permitted to
represent any client before the Commission or any Committee. department or
agency of the City. and will agree not to undertake any other private representation
which might create a conflict of interest with the City. The individual(s)/Company
may not represent any Commission member. individually. or. any member of their
family or any business in which the Commission member of their family has an
interest.
g. All proposals received will be considered public records. The City will consider all
proposals using such criteria as the Commission may adopt at its sole discretion.
The individual(s)/Company selected will be required to enter into a formal
agreement with the City. prior to the execution of which the City shall reserve all
rights. including the right to change its selection.
h. Respondent's Attachment # 2 "Drug Free Workplace" form shall be
completed and provided with the proposal submittal.
i. Respondent's Attachment # 3 "No Conflict of Interest/Non Collusion
Affidavit," shall be completed and provided with the proposal submittal.
j. Cost Proposal -All proposals shall be computed on a flat total fee basis akin to a
salaried position.
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12711 Rev 2 2712 Page 18 of36
EVALUATION AND SELECTION OF CONSULTANT
&3&
LOBBYING SERVICES
I. Qualifications shall be reviewed by the City's Evaluation Selection Committee or such
other committee. The committee determines and prepares a ranking of the Companies.
The ranking of these Companies shall be based on qualifications applicable to the scope
and nature of the services required by this request.
Determination shall include, but not be limited to, the following:
A. The proposer's demonstrated understanding of the City's requirements and
plans for meeting the same; .
B. The professional qualifications and related experience of the persons assigned to
this contract;
C. The prior experience and references of the proposer;
D. The size, the City has no size preference, and organizational structure of the
proposer; and,
E. The cost proposal.
2. The committee may request that each short-listed Company make a presentation and
be available for an interview. All expenses, including travel expenses for interviews,
incurred in the preparation of the proposal shall be borne by the proposer. After
presentations and interviews have been completed, the proposers shall be ranked by the
Evaluation Selection Committee.
3. The Evaluation Selection Committee will present the ranking to the City Manager for
initial review and approval followed by City Commission consideration and final
approval.
4. The City will negotiate a Contract with the top ranked Company. Should the City be
unable to negotiate a satisfactory contract which is competitive, reasonable, and
adequate, negotiations with that Company shall terminate and the City shall proceed to
negotiate a contract with the next highest ranked Company; and, ultimately, should all
such negotiations fail, all proposals shall be rejected and this solicitation shall be re-
issued.
5.14.12 CA ApprovaI5.S.l2 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 19 of36
PROPOSAL SUBMITTAL FORM
:
LOBBYING SERVICES
This checklist indicates the forms and documents required to be submitted for this Request for
Proposal (RFP) to be presented by the deadline set for within the RFP. Please check off and
submit documents in the order listed below. Fulfillment of all proposal requirements listed is
mandatory for consideration of proposals. The proposal shall include the following items:
Attachments:
Bidder Qualification Statement ---
Non-Collusion Affidavit
Public Entity Crimes and Conflicts of Interest ---
Drug Free Workplace ---
Acknowledgement of Conformance with OSHA
Standards
List of Proposed Subcontractors and Principal Suppliers
---
Indemnification and Insurance Documents
Price Proposal Sheet ---
Submit this checklist along with your proposal indicating the completion
and submission of each required forms and/or documents.
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 7 11 Rev 2 27 12 Page 20 of36
ATTACHMENT#I LOBBYING SERVICES AGREEMENT
££%g
LOBBYING SERVICES
THIS AGREEMENT is made between , a Florida
corporation, ("Company") and the City of South Miami, a Florida municipal corporation,
("City"), on this day of, 2012.
WHEREAS, the City seeks to retain a qualified individual or Company to represent
the City in matters relating to the services of a legislative consultant; and
WHEREAS, the City may need professional services before the Florida Legislature,
State of Florida administrative agencies, the Florida Governor and Cabinet, etc.; and
WHEREAS, the City advertised a Request for Proposal ("RFP") and the Company
responded with a proposal that was acceptable to the City.
NOW, THEREFORE, in consideration of the mutual promises and agreements
hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, and, at the
City's option, contingent upon the completion and submittal of all required bid documents, the
parties agree as follows:
Scope of Services:
The Company shall provide the services set forth in its response to the City's RFP in
addition to any other services that are set forth in this Agreement. The RFP and the Response
to RFP are, both attached and made a part of this agreement. If there is any conflict between
the terms of this Agreement, the RFP and the Response to RFP, the conflict shall be resolved in
the following order of precedence: First, this Agreement, Second, the RFP and Third the
Response to RFP. These documents, and all attachments and exhibits to these documents shall,
hereinafter, be referred to as the Contract Documents.
The Company shall represent the City in matters relating to the services of a legislative
consultant for matters in which the City may need professional services before the Florida
Legislature, State of Florida administrative agencies, the Florida Governor and Cabinet, etc.
Such services shall include, but not be limited to, attending state legislative committee hearings
and meetings, rule making proceedings or other administrative or legislative agency meetings.
5.14.12 CA ApprovaI5.S.12 RFP Lobbying Services 2012_12 711 Rev 2 27 12 Page 21 of36
The contract services to be provided by the Company shall include. but not be limited
to. the following: scheduled. extended or special legislative sessions and meetings; state
administrative and agency hearings. meetings or rule making proceedings; an-d legal and
legislative consulting services in accord with the terms. conditions and specifications contained
in this agreement and the Request for Proposal. The Successful Respondent shall agree to be
available at all times upon reasonable request to meet with the City Commission. City staff. and
others as specified in order to perform the responsibilities assigned; and to attend meetings.
represent the interests of the City. and act as liaison between the City and all branches.
departments. and agencies of State government. at any legislative committee meeting or
meetings with the Governor. Cabinet or Cabinet members. or state agencies on matters under
the scope of this RFP.
The Company shall monitor proposals and activities in meetings regarding state
administrative and agency hearings. as well as in rule challenges in the Division of Administrative
Hearings. This shall include. but not be limited to. a review of the agendas and provision of
notification to the City as pertinent issues arise. The Company shall also report the outcome
of such meetings and shall be prepared to lobby committee members prior to the same in an
effort to advance the City's desired positions.
There is no finite number of City meetings or meetings of governmental agencies that
the Company shall be required to attend and in which it must actively participate. The number
of meeting will be determined by the City and will be on an as needed basis.
Specific Duties and Responsibilities:
• Review on a continuing basis all existing and proposed State policies. programs.
and legislation; identifying those issues that may affect the City or its citizens and
regularly inform the City of the same; and. provide legal and legislative expertise
and consulting services.
• Review the legislative policy statements adopted by the Florida League of Cities
and the policy statements of other local government lobbying groups for the
purpose of identifying issues which may impact the City.
• Assist the City Commission and City staff in the coordination and development
of the City's legislative program which may include. but are not limited to. the
following: public safety. law enforcement. business attraction and retention.
infrastructure improvements. telecommunications. transportation. solid waste.
environmental. affordable housing. economic development. revenue
enhancement. annexation. mandates and other issues.
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12711 Rev 2 2712 Page 22 of36
• Monitor state legislative committee meetings, state agency hearings and meetings
prior to and during regular and special legislative session(s) at which specific
issues within the City's adopted legislative program are considered, as well as
other issues that may arise.
• Work with the City Commission, staff and the Miami-Dade County Legislative
Delegation developing special or general legislation in keeping with, or
supportive of, the City's adopted legislative program.
• Develop and evaluate strategy for the support, opposition, or amendment of
pending legislation.
• Testify and lobby before the Legislature, Governor and Cabinet as necessary on
behalf of the City, during the annual legislative session, extended, or special
session(s) and at legislative committee meetings and meetings of the Miami-Dade
County Legislative Delegation.
• Appear and testify before state agency hearings, rule making proceedings and
other administrative agency or legislative meetings, as required, to promote,
oppose, and seek passage of legislation affecting the City or its citizens, and
specific legislation contained in the City's legislative program.
•
•
Upon request, coordinate appointments/meetings between the City Commission
or other City staff and appropriate state officials and legislators.
Such reports may include, but not be limited to, personal briefings and
information bulletins pertinent to any legislation, rules, or regulations, and other
state policies or programs that affect the City and its citizens either directly or
indirectly. A written summary report shall be submitted at the end of each
week detailing legislative action taken during the week, status of legislative issues,
and anticipated action during the upcoming week.
• A written report that summarizes the status of the City's legislative priorities
shall be provided within one (I) week of the closing of the session and a more
detailed final written report on specific legislation affecting the City shall be
provided within a reasonable time period, not to exceed thirty (30) days from
the close of session.
• Provide periodic written reports (at least monthly) during those months that the
legislature is not in session, on issues of interest or concern to the City. Such
information may include, but is not limited to, action taken at interim committee
meetings, rule making hearings, status of studies underway, and advance notice
of legislation being proposed.
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 23 of36
• Upon request by the City, assist the City in coordinating applications and
obtaining State permits and grants.
TERMS AND CONDITIONS: The terms and conditions of this agreement shall include
those terms and conditions found in the RFP as well as the following:
TERM: The term of this contract is three (3) years and shall commence on the date set
forth in the written notice to proceed or on the first calendar day of the month succeeding
the notice of award, whichever is the earliest date, and contingent upon the completion and
submittal of all required bid documents. The contract will expire three (3) years from the
commencement date. It is the intention of the City to commence the contract no later
than luly I! 2012 and expire on lune 30. 2015.
PERSONNEL: All Company personnel fulfilling the terms of this Agreement, shall be
employed solely by the Company and be employees of the Company. Company agrees to
pay the following for Company employees:
Wages
Income tax withholdings
Social security with holdings
State unemployment insurance
Federal unemployment insurance
Workmen's compensation insurance
Company shall train personnel. Personnel not performing up to the standards of the
City will be replaced by the Company immediately.
INSURANCE and INDEMNIFICATION: The Company shall maintain and keep in full
force and effect the coverage as set forth in the City's standard insurance requirements, a
copy of which is attached as "General Conditions # II."
TAXES: Company shall be responsible for all payments of federal, state, and/or local taxes
related to the Operations, inclusive of sales tax if applicable.
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_127 II Rev 2 2712 Page 24 of36
INDEPENDENT CONTRACTOR: Company is an independent corporate entity under
this Agreement and nothing herein shall be construed to create a partnership, joint venture,
or agency relationship between the parties.
DUTIES AND RESPONSIBILITIES: Company agrees to provide its services during the
term of this Agreement in accordance with all applicable laws, regulations, and health and
safety standards.
LICENSES AND CERTIFICATIONS: Company shall secure all necessary business and
professional licenses at its sole expense prior to executing the Agreement.
CANCELLATION: The City shall have the right to cancel this Agreement with or
without cause upon sixty (60) days written notice to Company. Upon termination, the City
shall be entitled to a refund of any monies paid for any period of time subsequent to date of
termination. The City may, at its sole option, terminate this agreement immediately if it
discovers that the Company made any misrepresentation in any of its responses to the
City's request for proposals ("RFP"). ENTIRE AGREEMENT, MODIFICATION, and
BINDING EFFECT: This Agreement constitutes the entire agreement of the parties and
supersedes any prior agreements, understandings, representation or negotiation, written or
oral. This Agreement may not be modified or amended except in writing, signed by both
parties hereto. This Agreement shall be binding upon and inure to the benefit of the City
and Company and to their respective heirs, successors and assigns.
CUMULATIVE REMEDIES: The duties and obligations imposed by the contract
documents, if any, and the rights and remedies available hereunder, and, in particular but
without limitation, the warranties, guarantees and obligations imposed upon Company by
the Contract Documents and the rights and remedies available to the City hereunder, shall
be in addition to, and shall not be construed in any way as a limitation of, any rights and
remedies available by law, by special guarantee or by other provisions of the Contract
Documents. In order to entitle any party to exercise any remedy reserved to it in this
Agreement, or existing in law or in equity, it shall not be necessary to give notice, other
than such notice as maybe herein expressly required.
CLAIM PERIOD: Should the City or the Company suffer injury or damage to its person
or property because of any error, omission, or act of the other or of any of their
employees or agents or others for whose acts they are legally liable, claim shall be made in
writing to the other party within twenty one (21) days of the first observance of such injury
5.14.12 CA ApprovaI5.S.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 25 of36
or damage. The parties hereby agree that any claim that is not timely made in accordance
with this paragraph is waived by the party failing to timely make the claim.
JURY TRIAL: City and Company knowingly, irrevocably voluntarily and intentionally
waive any right either may have to a trial by jury in State or Federal Court proceedings with
respect to any action or cause of action arising out of the Contract Documents or the
performance of the Work thereunder.
VALIDITY OF EXECUTED COPIES: This agreement may be executed in several
counterparts, each of which may be construed as an original.
RULES OF INTERPRETATION: Throughout this agreement the male pronoun may
be substituted for female and neuter and the singular words substituted for plural and
plur~1 words substituted for singular wherever applicable.
SEVERABILITY: If any term or provision of this Agreement or the application thereof to
any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder
of this Agreement, or the application of such term or provision to persons or
circumstances other than those to which it is held invalid or unenforceable, shall not be
affected thereby and each term and provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
NON-WAIVER: City and Company agree that no failure to exercise and no delay in
exercising any right, power or privilege under this Agreement on the part of either party
shall operate as a waiver of any right, power, or privilege under this Agreement. No waiver
of this Agreement, in whole or part, including the provisions of this paragraph, may be
implied by any act or omission and will only be valid and enforceable if in writing and duly
executed by each of the parties to this agreement. Any waiver of any term, condition or
provision of this Agreement will not constitute a waiver of any other term, condition or
provision hereof, nor will a waiver of any breach of any term, condition or provision
constitute a waiver of any subsequent or succeeding breach.
NO DISCRIMINATION and EQUAL EMPLOYMENT: In accordance with Federal,
State, County and Local law, the Company shall not discriminate against any employee or
applicant for employment or any other person on the basis of race, creed, color, national
origin, religion, sex, familial status, ethnicity, sexual orientation, handicap or disability. The
Company shall comply with the Americans with Disabilities Act (ADA) during the
performance of this contract.
INDEMNIFICATION: Company hereby covenants and agrees to indemnify and hold
harmless provisions set forth in "General Conditions #11."
5.14.l2 CA ApprovaI5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 26 of36
GOVERNING LAWS: This Agreement and the performance of services hereunder will
be governed by the laws of the State of Florida, with exclusive venue for the resolution of
any dispute being a court of competent jurisdiction in Miami-Dade County, Florida.
ATTORNEYS' FEES AND COSTS: In the event of any litigation between the parties
arising out of or relating in any way to this Agreement or a breach thereof, each party shall
bear its own costs and legal fees.
AUDIT: Upon request and during regular business hours, the Company shall allow the City
or its consultant to audit, inspect, and examine, for safety and contractual compliance, the
Company's records and facility, if any. In an effort to confirm such information, the City
may communicate directly with the Company's employees and providers of goods and/or
services. . The Company shall keep complete and accurate books and records of accounts
and business operations in accordance with generally accepted accounting principles for a
period of three (3) years following termination of this Agreement.
UNAUTHORIZED AUENS:_The employment of unauthorized aliens by the Company is
considered a violation of Federal Law. If the Company knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of this Agreement. This applies
to any independent contractors used by the Company as well.
ASSIGNMENT: The Company shall not assign or transfer its rights under this Agreement
without the express written consent of the City. The City will not unreasonably
withhold and/or delay its consent to the assignment of the Contractor's rights. The City
may, in its sole discretion, allow the Company to assign its duties, obligations and
responsibilities provided the assignee meets all of the City's requirements to the City's sole
satisfaction.
EFFECTIVE DATE: This Agreement shall not become effective and binding until it has
been executed by both parties hereto and the effective date shall be the date of its
execution by the last party so executing it.
THIRD PARTY BENEFICIARY: It is specifically understood and agreed that no other
person or entity shall be a third party beneficiary hereunder, and that none of provisions of
5.14.12 CA ApprovaI5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 27 of36
this Agreement shall be for the benefit of or be enforceable by anyone other than the
parties hereto, and that only the parties hereto shall have any rights hereunder.
FURTHER ASSURANCES: The parties hereto agree to execute any and all other and
further documents as might be reasonably necessary in order to ratify, confirm, and
effectuate the intent and purposes of the Agreement.
TIME OF ESSENCE: Time is of the essence of this Agreement.
INTERPRETATION: This Agreement shall not be construed more strongly against either
party hereto, regardless of who was more responsible for its preparation.
FORCE MAJEURE: Neither party hereto shall be in default of its failure to perform its
obligations under this Agreement if caused by acts of God, civil commotion, strikes, labor
disputes, or governmental demands or requirements that could not be reasonably
anticipated and the effects avoided or mitigated. Each party shall notify the other of any
such occurrence.
NOTICES: Whenever notice shall be required or permitted herein, it shall be delivered by
hand delivery, certified mail, with return receipt requested, e-mail, facsimile transmission, or
other customary electronic means that provides confirmation of delivery, and shall be
deemed delivered on the date shown on the delivery confirmation or, if by certified mail,
the date on the return receipt or the date shown as the date same was refused or
unclaimed. No notice shall be considered valid or enforceable unless there is written or
electronic proof of delivery. Notices shall be delivered to the following individuals or
entities at the transmission numbers or addresses (including electronic communication
addresses) set forth below:
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 7 II Rev 2 27 12 Page 28 of36
To the City of South Miami:
To the -------'
Continuation of Attachment # I Lobbying SefYices Agreement
City Manager, Hector Mirabile, PhD
6130 Sunset Dr.
South Miami, FL 33143
Fax: ___________ ___
E-mail: -----------
With copies by U.S. mail to:
City Attorney, Thomas Pepe, Esquire
6130 Sunset Dr.
South Miami, FL 33143
Company President
Address
Fax: ____________ ___
E-mail: -----------
With copies by U.S. mail to:
Company Attorney
IN WITNE.SS WHE.RE.OF, the parties have signed this Agreement this _ day of
_____ o(2012.
COMPANY NAME, a Florida corporation
Signature of Witness
Name
AUTHENTICATION:
Signature: _________ _
Maria Menendez, CMC
City Clerk
By: _________ _
_______ " as its President
CITY OF SOUTH MIAMI
Signature: ____________ _
Dr. Hector Mirabile
City Manager
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_127 11 Rev 2 27 12 Page 29 of36
Read and Approved as to Form, Language,
Legality and Execution Thereof:
Signature:
City Attorney
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 7 11 Rev 2 27 12 Page 30 of36
ATTACHMENT #2 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
LOBBYING SERVICES
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A
person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a Bid on a Contract to provide any goods or services to a
public entity, may not submit a Bid on a Contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor,
or Consultant under a Contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount Category Two of Section 287.017, Florida
Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State
Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner,
associate or agent who is also an officer or employee of the City of South Miami or it's
agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to _________________ _
[print name of the public entity]
by ____________________________________________________ ___
[print individual's name and title]
for ________________________________ _
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is ________ _
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement: .)
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I ) (g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency
or political subdivision of any other state or of the United States, including, but not
5.14.l2 CA Approval 5.8.12 RFP Lobbying Services 2012_127 II Rev 2 2712 Page 31 of36
limited to , any bid or contract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the United States and
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I )(b),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July I, 1989, as a result of a jury
verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133 (I )(a), Florida Statutes,
means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime. The
term "affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in any person, or a
pooling of equipment or income among persons when not for fair market value under
an arm's length agreement, shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133 (1)( e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the
United States with the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services led by a public entity,
or which otherwise transacts or applies to transact business with a public entity. The
term "person" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. [Indicate which statement
applies.]
Neither the entity submitting this sworn statement, nor any of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, nor any affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July I, 1989.
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 7 11 Rev 2 27 12 Page 32 of36
Continuation of Attachment #2 Public Entity Crimes and Confficts
__ The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent to July I, 1989.
__ The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent of July I, 1989. However, there has
been a subsequent proceeding before a Hearing Officer of the State of Florida, Division
of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this
sworn statement on the convicted vendor list. {attach a copy of the final order.]
UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND
THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM.
[signature]
Sworn to and subscribed before me this day of ,20
-------------
Personally known or
Produced identification
(Type of identification)
Notary Public -State of
My commission expires
----------
----------
(Printed, typed or stamped commissioned name of notary public)
Form PUR 7068 (Rev.06111/92)
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 7 II Rev 2 27 12 Page 33 of36
ATTACHMENT #3 DRUG FREE WORKPLACE
a:
LOBBYING SERVICES
Whenever two or more Bids which are equal with respect to price, quality and service are
received by the State or by any political subdivisions for the procurement of commodities or
contractual services, a Bid received from a business that certifies that it has implemented a
drug-free workplace program shall be given preference in the award process. Established
procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free
workplace program. In order to have a drug-free workplace program, a business shall:
I. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under Bid a copy of the statement specified in Subsection (I).
4. In the statement specified in Subsection (I), notify the employees, that, as a condition of
working on the commodities or contractual services that are under Bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction
of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any
controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program, if such is available in the employee's community, by any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this Company complies fully with
the above requirements.
PROPOSER's
Signature:
Print Name:
Date:
--------------------------------
--------------------------------
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 34 of36
ATTACHMENT #4 No CONFLICT OF INTEREST/NoN-COLLUSION
CERTIFICATION
in
LOBBYING SERVICES RFP
Submitted this __ day of ___________ " 20 ____ ,
The undersigned, as Bidder/Proposer, declares that the only persons interested in this RFP are named
herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains;
that this response is made without connection or arrangement with any other person; and that this
response is in every respect fair and made in good faith, without collusion or fraud.
The Bidder/Proposer agrees if this response/submission is accepted, to execute an appropriate CITY
document for the purpose of establishing a formal contractual relationship between the
Bidder/Proposer and the CITY, for the performance of all requirements to which the
response/submission pertains.
The Bidder/Proposer states that this response is based upon the documents identified by the following
number: Bid/RFP
The full-names and residences of persons and Companies interested in the foregoing bid/proposal, as
principals, are as follows:
Name Street Address City State Zip
The Bidder/Proposer further certifies that this response/submission complies with section 4(c) of the
Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner,
Mayor, or other officer or employee of the CITY has an interest directly or indirectly in the profits or
emoluments of the Contract, job, work or service to which the response/submission pertains.
Signature:
Printed Name:
Title: ------------------
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 35 of36
Telephone:
Company Name ------------------------------------
Continuation of Attachment #4No Con~id of inter/Non-Collusion Certification
NOTARY PUBLIC:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ______ day of
___________________ ,,20 by _________________________________ (nameof
person whose signature is being notarized) who is
SEAL
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
(Name of Notary Public: Print, Stamp
or type as commissioned.)
FAILURE TO COMPLETE. SIGN. & RETURN THIS FORM MAY DISOUALIFY YOUR RESPONSE
5.14.12 CA Approval 5.8.12 RFP Lobbying Services 2012_12 711 Rev 2 2712 Page 36 of36