2OFFICE OF THE CITY MANAGER
THE CITY OF PLEASANT LIVING
MEMORANDUM
To: The Honorable Mayor & Members ofthe City Commission
DATE: December 5, 2017 Agenda Item No.: ~ FROM: Steven Alexander, City Manager
SUBJECT:
AResolution authorizingtheCityManagerto extendtheexistingagreement to enter into
a revised multi-year agreement with Gomez Barker Associates, Inc. for Lobbying Services as
required by the City.
BACKGROUND: '
The firm of Gomez Barker Associates, Inc. has been serving the City for many years and
continues to provide and serve the City with expert consulting services. The City relies
on lobbying and consulting services as well as representation to ensure the City is
successful in securing appropriates and funding during the State of Florida Legislature,
State of Florida administrative agencies, the Florida Governor andCabinet.
The compensation for the performance of this contract shall be $69,000 for the first
three-year term, and $90,000 for the extension of the first three-year term, unless a
higher rate is agreed upon in writing and approved by the City Commission.
The term of this contract is three (3) years and shall be automatically renew for an
additional two (2) year period unless either the CITY or the CONTRACTOR do not wish to
renew at the end of the initial three-year period. The term of this contract shall
commence on the December 1,2017.
RECOMMENDATION:
The CITY needs professional services before the Florida Legislature, State of Florida
admi nistrative agencies, the Florida Governor and Cabinet and this firm has proven to
be extremely responsive to the needs of the City. Therefore, we recommend approval
ofthe agreement by authorization ofthis resolution.
A IT ACHMENTS:
• Draft Resolution
• Draft Agreement
1
2
3 RESOLUTION NO. _______ _
4
5 A Resolution authorizing the City Manager to enter into a multi-year
6 agreement with Gomez Barker Associates, Inc. for Lobbying and Consulting
7 Services.
8
9 WHEREAS, the firm of Gomez Barker Associates, Inc. has been serving the City for many
10 years and continues to provide and serve the City with expert consulting services; and
11
12 WHEREAS, the City relies on lobbying and consulting services as well as representation to
13 ensure the City is successful in securing appropriations and funding from the State of Florida
14 Legislature, State of Florida administrative agencies, the Florida Governor and Cabinet; and
15
16 WHEREAS, the City Commission authorizes the City Manager to execute a contract with the
17 firm of Gomez Barker Associates, Inc. to provide lobbying services for and related consulting
18 services to the City.
119
20 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
21 OF SOUTH MIAMI, FLORIDA;
22
23 Section 1. The City Manager is authorized to enter into a contract with Gomez Barker
24 Associates, Inc. (lithe Firm"L commencing on the December 1,2017, for an initial term of three
25 (3) years and which shall provide for an automatic renew for an additional two (2) year period
26 unless either the CITY or the Firm provides advanced notice of an intent not to renew at the end of
27 the initial three-year period. A copy of the contract is attached and made a part of this resolution.
28
29 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for
30 any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall
31 not affect the validity of the remaining portions of this resolution.
32
33 Section 3. Effective Date: This resolution shall take effect immediately upon approval by
34 the City Commission.
35
36 PASSED AND ADOPTED this __ day of ____ , 2017.
37
38
39 ATTEST:
40
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42
43
44
45
46
47
48
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Harris:
AGREEMENT FOR EXPERT LEGISLATIVE CONSULTANT SERVICES
THIS AGREEMENT, entered into this __ day of ,2017, by the CITY
OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the
"CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL., E-mail:
salexanderCa),southmiamitlgov and Gomez Barker Associates, Inc. a Florida corporation, with an
office and principal place of business located at 2350 Coral Way, #301, Miami, FL, 33145,
(hereinafter called the "CONTRACTOR").
WHEREAS, the CITY is in need of expert legislative consulting services; and
WHEREAS, the CITY desires to retain the CONTRACTOR to provide the required
services based on the CONTRACTOR's representations that it is qualified and capable of
providing said services in a professional and timely manner and in ~ccordance with the CITY's
goals and requirements; and
WHEREAS, the CONTRACTOR has agreed to provide the required services in
accordance with the terms and conditions set forth herein.
WHEREAS, the CITY seeks to retain a qualified individual or CONTRACTOR
to represent the CITY in matters relating to the services of an expert legislative consultant;
and
WHEREAS, the CITY needs professional services before the Florida Legislature, State
of Florida administrative agencies, the Florida Governor and Cabinet, etc.; and
WHEREAS, the CITY has employed the services of Gomez Barker since 2012
and they have served the CITY with excellent results;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
1) Engagement Of Contractor: Based on the representations of the CONTRACTOR
the CITY hereby retains the CONTRACTOR to provide the services set forth below in the Scope
of Services. The CITY Attorney has determined that CONTRACTOR is an expert for' purposes
of the CITY s purchasing policies.
2) Contract Documents: The Contract Documents shall include this Contract and the
following documents, as well as any attachments or exhibits that are made a part of any of the
documents. '
3) Date of Commencement: The CONTRACTOR shall commence the performance of
the Work under this Contract on December 1,2017. Time is of the essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this
Contract on behalf of the CITY is the CITY Manager ("Manager"), assistant Manager, or the
Manager's designee, who shall be designated in a writing signed by the Manager. The Primary
Contact Person for the CONTRACTOR and his/her contact information is as follows: Fausto B.
Gomez, e-mail:.fgomez@gomezbarker.com; 2350 Coral Way, #301, Miami, FL, 33145.
Page -1 -of 10
5) Scope of Services: The services to be provided are as set forth in Exhibit 1, which is
attached hereto and made a part of hereof by reference. If there is any conflict between the
terms of this Agreement and attached Exhibit 1, this Agreement shall govern. These
documents, and all attachments and exhibits to these documents, if any, shall, hereinafter,
be referred to as the Contract Documents.
6) Compensation: The CONTRACTOR's compensation for the performance of this
contract (hereinafter referred to as the Contract Price) shall be $69,000 for the first three-year term,
and $90,000 for the extension of the first three-year term, unless a higher rate is agreed upon in
writing and approved by the City Commission.
7) Time Provisions: The term ofthis contract is three (3) years and shall be automatically
renew for an additional two (2) year period unless either the CITY or the CONTRACTOR do not
wish to renew at the end ofthe initial three-year period. The term of this contract shall commence
on the December 1,2017.
8) Termination: This contract may be terminated without cause by the CITY with 30
days of advanced written notice. This provision supersedes and takes· precedence over any
contrary provisions for termination contained in the Contract Documents.
9) Applicable Law and Venue: Florida law shall apply to the interpretation and
enforcement of this Contract. Venue for all proceedings shall be in Miami-Dade County, Florida.
10) Insurance and Indemnification: CONTRACTOR shll:ll comply with the insurance
and indemnification requirements as set forth in the attached Exhibit 2.
11) Jury Trial Waiver: The parties waive their right to jury trial.
12) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written or oral.
The Contract Documents may not be modified or amended except in writing, signed by both parties
hereto. The Contract Documents, in general, and this paragraph, in particular, shall not be modified
or amended by any acts or omissions of the parties. No failure to exercise and no delay in
exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract
Documents, in whole or part, including the provisions of this paragraph, may be implied by any
act or omission.
13) Public Records: CONTRACTOR and all of its subcontractors are required to
comply with the public records law (s.119.0701) while providing goods and/or services on behalf
of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in
all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by
the public agency to perform the service; (b) Upon request from the public agency's custodian of
public records, provide the public agency with a copy of the requested records or allow the records
to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided
in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Contract term and following completion of the Contract
if CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion
of the Contract, transfer, at no cost, to the public agency all public records in possession of
Page -2 -of 10
CONTRACTOR or keep and maintain public records required by the public agency to perform the
service. If CONTRACTOR transfers all public records to the public agency upon completion of
the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps
and maintains public records upon co:rnpletion of the Contract, CONTRACTOR shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency's custodian of public records,
in a format that is compatible with the information technology systems of the public agency.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmiamifl.gov; 6130
Sunset Drive, South Miami, FL .33143.
14) Drug Free Workplace. CONTRACTOR shall comply with the Drug Free
Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part
of this Contract by reference.
15) Transfer and Assignment. None of the work or services under this Contract shall be
subcontracted or assigned without prior written consent from the CITY which may be denied
without cause.
16) Non-Appropriation of Funds. In the event that no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due
under this contract, then the City, upon written notice to CONTRACTOR or its assignee of such
occurrence, shall have the unqualified right to terminate the contract without any penalty or
expense. No guarantee, warranty or representation is made that any particular project(s) will be
awarded to any CONTRACTOR.
17) Notices. All notices given or required under this Contract shall be deemed sufficient
if sent by a method that provides written evidence of delivery, including e-mail and facsimile
transmission and delivered to CONTRACTOR or his designated contact person. Return of mail,
sent to the address contained herein for the parties or their contact persons, as not deliverable or
for failure to claim the mail shall be deemed received on the date that the mail is returned to
sender.
18) Indemnification. In the event that any of the contract documents provide for
indemnification, nothing contained therein shall imply that the City has waived its sovereign
immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained
therein shall be null and void and of no force or effect.
IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the
date first above written, with full knowledge of its content and significance and intending to be
legally bound by the terms hereof.
Gomez Barker Associates, Inc.
Witnessed:
By: --------------------------By: -------------------
[print name of signatory 1
ATTESTED: CITY OF SOUTH MIAMI
Page -3 -of 10
By: ________________ _
Maria Menendez
CITY Clerk
Read and Approved as to Form, Language,
Legality and Execution Thereof:
By: __________________ _
CITY Attorney
By: ________________ ~---
Steven Alexander
CITY Manager
Page -4 -of 10
EXHIBIT 1
SCOPE OF SERVICES
a) CONTRACTOR shall represent the CITY in matters relating to the services of a legislative
consultant and 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,
rulemaking proceedings or other administrative or legislative agency meetings.
b) The contract services to be provided by the CONTRACTOR shall include, but not be
limited to, the following: regular, 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
agreement and the scope of service. The CONTRACTOR 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 service.
c) The CONTRACTOR 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 CONTRACTOR shall also report the
outcome of such meetings and shall be prepared to lobby committee members prior to the same
such meetings in an effort to advance the CITY's desired positions.
d) There is no finite number of CITY meetings or meetings of governmental agencies that
CONTRACTOR shall be required to attend and in which he must actively participate. The number
of meeting will be determined by the CITY and will be on an as needed basis .
. e) 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.
Page -5 -of 10
• 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
anse.
• 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, and the Public
Service Commission 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, rulemaking 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 or as expressed by Resolution.
• Upon request, coordinate appointments/meetings between the CITY Commission
or other CITY staff and appropriate state officials and legislators.
• A written summary report shall be submitted at the end of each Session detailing
legislative action taken during the Session, status of legislative issues, and actions by the
Governor relative to such legislation. 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.
• Provide periodic written reports 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, rulemaking 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.
Page -6 -of 10
Insurance Requirements
EXHIBIT 2
Insurance and Indemnification
Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM"
with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at
its own expense during the life of the Contract, insurance ofthe types and in the minimum amounts stated
below as will protect the FIRM, from claims which may arise out of or result from the contract or the
performance of the contract with the City of South Miami, whether such claim is against the FIRM or any
sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts
any of them may be liable.
No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in
writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM
shall purchase insurance from and shall maintain the insurance with a company or companies lawfully
authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect
the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the
FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such
operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of
them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other similar employee benefit acts which are applicable to the Work to be performed;
(b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's
employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person
other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability
coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of
. tangible property, including loss of use resulting there from; (f) claims for damages because of bodily
injury, death of a person or property damage arising out of ownership, maintenance or use of a motor
vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims
involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work
to be performed under this Contract has been completed and accepted by CITY (or for such duration as is
otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth
below:
Workers' Compensation insurance at the statutory amount as to all employees in compliance with the
"Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently
written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include:
Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its
Subcontractors maintain appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well as
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: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of $1 ,000,000 per
Page -7 -of 10
claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by
the Insurance Services Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits
of coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
Miscellaneous:
If any notice of cancellation of insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract, the FIRM
shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration
so as to provide continuous coverage as specified in this section and so as to maintain coverage during the
life of this Contract.
All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a
form satisfactory to the CITY covering the same.
The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide
that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY
reserves the right at any time to request a copy ofthe required policies for review. All policies shall contain
a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY
as well as contractual liability provision covering the Contractors duty to indemnify the City as provided in
this Agreement.
Before starting the Work, the FIRM shall deliver to the CITY and, certificates of such insurance, acceptable
to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration
page and all applicable endorsements and provide the name, address and telephone number of the insurance
agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M.
Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All
insurance policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be required by the
CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article 1 of this
document), which shall include the declaration page and all required endorsements. In addition, the FIRM
shall deliver, at the time of delivery ofthe insurance certificate, the following endorsements:
(a) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South
Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage', or
"personal and advertising injury" and it will provide to the City all of the coverage that is typically provided
under the standard Florida approved forms for commercial general liability coverage A and coverage B";
(b) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or
materially modified without first giving the City of South Miami ten (10) days advanced written notice of
Page -8 -of 10
the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification
shall be delivered to the City by certified mail, with proof of delivery to the City."
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 FIRM shall
become legally obligated to pay as damages for claims arising out of the services or work performed by the
FIRM 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 services covered by this Agreement. However, the FIRM may purchase Specific Project Professional
Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No
insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute and unfettered discretion.
Contractor's Responsibility
Prior to Receiving a Notice to Proceed
Prior to the City issuing a Notice to Proceed, the contractor shall deliver a copy (either hard copy or,
preferably, electronically) ofthe policy, including the declaration page of the policy and all endorsements
to the policy and provide the City with the name, address, including email address, and phone number of
the contractor's insurance agent.
If the policy does not have a provision or endorsement that provides the City with advanced notice of
cancellation as required by the City, the contractor may still comply with the City's insurance requirement
if the contractor provides the City with proof that the policy premium has been paid in full and provided
the contractor makes arrangements with its insurance company to allow the City to confirm, monthly, that
the policy is in full force and effect. In addition, the Contractor must either pay the City a monthly
monitoring fee, currently set at $25 per month, or have the amount deducted from the Contractor's
draws/payments.
Indemnification Requirement
A. The FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which
might arise during the work or event that is occurring on the CITY's property due to the negligence or other
fault of the FIRM or anyone acting through or on behalf of the FIRM.
B. The FIRM shall indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits,
fines,judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative
costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and
at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the
City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of
actions or claim of any kind or nature; including claims for injury to, or death of any person or persons and
for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross
negligence, intentional act or harmful conduct of the FIRM, its contractor/subcontractor or any of their
officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of
any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-
performance of the FIRM's obligations under this AGREEMENT.
C. The FIRM shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates,
employees, successors and assigns, including their attorney's fees, in the defense of any action in law or
equity brought against them and arising from the negligent error, omission, or act of the FIRM, its Sub-
Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident
to, this Agreement, or incident to or resulting from the performance or non-performance of the FIRM's
obligations under this AGREEMENT.
Page -9 -of 10
D. The FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns shall 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 FIRM, its
contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting
through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the
CITY's property. In reviewing, approving or rejecting any submissions or acts of the FIRM, CITY in no
way assumes or shares responsibility or liability for the acts or omissions of the FIRM, its
contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting
through or on behalf of them.
E. The FIRM has the duty to provide a defense with an attorney or law firm approved by the
City of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply
and this subparagraph shall set forth the sole responsibility of the design professional concerning
indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to
its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the design professional and other persons employed or
utilized by the design professional in the performance of the contract.
Page -10 -of 10
SUNDAY NOVEMBER 16 2017
MIAMIHERAlO.cOM
fROM PAGE 2451:
BRIEFS
for Hialeah-Miami Lakes
High School; and Michelle
Joseph at 305-557-5901,
ext. 2206, for Jose Marti
MAST Academy.
MIAMI-DADE PARKS:
FIT2PLAY, FIT2LEARN
Miami-Dade County
Parks, Recreation and
Open Spaces Department
invites parents to enroll
their kids in one of two
specialized programs: The
"Fit2Play Health, Well-
ness, and Physical Activ-
ity" after-school program
for ages 6-14; and the
"Fit2Lead Youth Enrich-
ment & Sports (Y.E.S.)"
program for ages 12-14.
Fit2Play is held from 2 to
6 p.m. Mondays through
Fridays through June 8,
2018, throughout the
school year and school
vacation breaks at 25 Mia-
mi-Dade park locations.
Program fees range from
$25-$35 per week.
Fit2Lead Y.E.S. is offered
free during the regular
school calendar year, 4 to 7
p.m. Mondays through
Fridays at 10 county parks.
For more information
about Fit2Play, visit http://
bit.ly/2w6FolL For more
about Fit2Lead, visit http://
bit.ly/2wUfpHR.
CORAL GABLES:
BACKGAMMON
Play live backgammon at
the Miami Backgammon
Club. No costs or member-
ship dues (tournaments
carry $10 entry fees). Play-
ers of all levels are wel-
come at 7 p.m. every
Wednesday at The 19th
Hole Bar & Grill, Biltmore
Hotel, 1200 Anastasia Ave.
Contact Leo at 305-669-
5260 or Leo@Miami
Backgammon.com. Miami
Backgammon.com.
FLORIDA CITY: FLORIDA
PIONEER MUSEUM
Florida Pioneer Museum,
826 N. Krome Ave., Florida
City, is looking for volun-
teers at the museum from 1
to 5 p.m. Wednesdays and
Saturdays.
Knowledge of local histo-
ry is not necessary, but you
learn over time while work-
ing with experienced vol-
unteers. The museum,
open November through
April, depicts family life
and commercial life in
South Miami-Dade County
from 1904 through the
1940s. For more informa-
tion, call Bob Jensen at
305-248-0976.
HOMESTEAD: SOUP
KITCHEN NEEDS HELP
Homestead Soup Kitch-
en, at 105 SW Third Ave.,
needs volunteers for cook-
ing, serving and cleaning.
No experience necessary.
The kitchen is open
Mondays, Wednesdays and
Fridays. Meal preparation
begins about 9 a.m., serv-
ing is at noon, and cleanup
is done by 1:30 p.m. Volun-
teer whenever your sched-
ue allows. Bring friends.
Call 305-248-0976 be-
tween 9:30 a.m. and 1:30
p.m. on serving days for
more information.
NORTH MIAMI:
CREATIVE ARTS 4 KIDS
The Museum of Contem-
porary Art-North Miami
(MOCA) is offering the
series Creative Arts 4 Kids
on the first Saturday of
every month. These art
classes are for children 6 to
12 years old. Each month,
the class will have a differ-
enttheme.
The cost is $18 per class
or $60 for a four-class
series. For MOCA mem-
bers, North Miami resi-
dents and city employees,
cost is $12 per class, $40
for a four-class series.
There is a $2 discount for
each additional child in the
household. For advance
NEIGHBORS
registration, call 305-893-
6211.
PINECREST: DRONE
FLYING CLASSES
I 29SE
Subscribers: Drone-flying elasses are
offered by the Pinecrest
Parks and Recreation De-
partment from 6:30 to 8
p.m. Tuesdays and Thurs-
days at Evelyn Greer Park,
8200 SW 124th St. Partici-
pants will learn how to
build and fly drones, fly
aerial photography plat-
forms, and learn about
racing rules and regula-
tions.
The elasses will be
taught by the Gravity
Goons in collaboration
with the parks department.
For more information, call
305-284-0900 or visit
pinecrest-fl.gov /parks.
Activate your full digital
access, included with
your subscription. Visit
miamiberald.com/activate
miami Erralb
Participation is free and
registration is not required.
For more information, the
public may visit www.
MiamiSMARTPlan.com
MIAMIHERALD.COM
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CITY OF SOUTH MIAMI
NOTICE OF GENERAL ELECTION
:-<OTlCE IS HEREBY GIVE:-< that a General Ejection for
the City of Soutb Miami for the Mayor for a two (2) year
tenn, a Commissioner-Group I for a four l4) year tenTI. and a
Commissioner-Group IV for a four (4) year term. will be held
on Tuesday, February 13.2018 from 7:UO a.m. to 7:00 p.m., in
the City Commi>sion Chambers City Hall, 6130 Sunset Drive,
South Miami. Florida 33143. There will be Earlv Voting held
on Saturday, Februarv 10, 201l! from 9:00 a.m. to 5:00 p.m.
at the ::o;i:UTIe location.
Qualifying period for this election begins 1\:londay, Dec~mber
4,2017 at 9:00 a.m .. and ends Thursday, December 14, 2017
at 5:00 p.m.
Regi<;tratioll begins at 9:00 a.m .. and ends at -,:Of} p.111. shlllp
eacltday.
Inquiries can be m~~dc by calling the City Clerk's office at:
305-663-6340.
Maria M. Menendez. CMC
City Clerk
City of South l'vliami
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of
the City of South Miami. FlO1id:i ¥till condm,-r Public Hearing(s)
at it}: regular City Commis~i(ln meeting ::;cheduled for
Tuesday, December 5.2017. beginning at 7:00 p.m., in the
City Commissjou Ch;.uubers, 6130 Sunset Drive. to consider the
following item( s):
(
A Re::;a .. 'llution authori7il1g [be City .I\iallager to enter illt(l~a
multi~year agreement with Gomez Barkf'f Associates. Inc.
for Lobbying and Consulting Services.
A Resolution authoriling the City l'vlallagcr to enter iuto a
multi-year renewal :::.ubs~ .. ription with Lcxi:-Ncxil" tu provide
online legal publicalion~.
ALL ill1t~rc. ... tcd p3Jtit~:-; are inyitl~d to attend and wi]] be heard.
For further infonnafit.')D. please contact the City Clerk's
Office at: 305-663-6340.
Mmia M. Menendez. CMC
City Clerk
P'un.U:llIt tIl Horida Stllll1t.:l' 256.0105, to,;-Cil~' hCll.'hy ad\i~,;-s th,;-publk th:lt if <l
l'Cl'l'nn JL'CiJ;)~ III <lppt'nl .m:v d ... '\:il-i.}n m:luo.: hy Ibis Board, l\g.:ncy '"Jf Cpmmi~~jpn
with rc~p'-'\:l III <loy matt~r CI'IL"iJcrt'.'d :;11 il~ m<.'t'ting ,'If hl':lrillg. u<! ,)r l-he will n.:,'d
:l n'C{ll\1 uf tbl' pr ... 'Ce...>Jir.g~. an.! thllt fpr l'uch pUI'pQ~", afi'eclf'd p~r~on Ina;' Ill't'fl to
t'U'U1l.' thai H \'l'rb.l(illl re~'orti of th~ P[\",·t'tdlllg.~ h mllJe wm.::h record indllJes (he
tcstilm')lY :mJ ,~vkkn"c upnn which the :tppC'1I1 b,tolx-ba~l'd.
MIAMI CAlLY 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
MARIA MESA, 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
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI-DEC 5, 2017
in the XXXX Court,
was published in said newspaper in the issues of
11124/2017
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 of securing this advertisement for
Sworn t and su ribed before me this
~E;~
(SEAL)
MARIA MESA personally known to me