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File ID: #9006
Resolution
Sponsored by: Commissioner Jeffrey Watson
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A
FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RETROACTIVELY RATIFYING,
CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND
WRITTEN FINDING FOR THE EMERGENCY SELECTION OF KING & SPALDING,
LLP, A FOREIGN LIMITED LIABILITY PARTNERSHIP PENDING REGISTRATION
WITH THE STATE OF FLORIDA ("K&S"), ATTACHED AND INCORPORATED AS
EXHIBIT "A", PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE
OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE PROVISION OF
FEDERAL LOBBYING SERVICES ("SERVICES") FOR THE CITY; RETROACTIVELY
AUTHORIZING THE CITY MANAGER'S NEGOTIATION AND SUBSEQUENT
EXECUTION OF AN AGREEMENT WITH K&S FOR THE SERVICES, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS,
INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO
ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS,
COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE,
INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT,
AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF
THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN
COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS
MAY BE DEEMED NECESSARY FOR SAID PURPOSE.
City of Miami
Legislation
Resolution
Enactment Number: R-21-0191
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 9006 Final Action Date:5/13/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A
FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RETROACTIVELY RATIFYING,
CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND
WRITTEN FINDING FOR THE EMERGENCY SELECTION OF KING & SPALDING,
LLP, A FOREIGN LIMITED LIABILITY PARTNERSHIP PENDING REGISTRATION
WITH THE STATE OF FLORIDA ("K&S"), ATTACHED AND INCORPORATED AS
EXHIBIT "A", PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE
OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") FOR THE PROVISION OF
FEDERAL LOBBYING SERVICES ("SERVICES") FOR THE CITY; RETROACTIVELY
AUTHORIZING THE CITY MANAGER'S NEGOTIATION AND SUBSEQUENT
EXECUTION OF AN AGREEMENT WITH K&S FOR THE SERVICES, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS,
INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO
ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS,
COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE,
INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT,
AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF
THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN
COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS
MAY BE DEEMED NECESSARY FOR SAID PURPOSE.
WHEREAS, the recently signed $1.9 trillion American Rescue Plan Act ("ARPA")
included several substantial municipal investments and the newly -released infrastructure plan
has a significant local government component; and
WHEREAS, it is imperative for the City of Miami ("City") to have federal representation to
ensure that the City's priorities are matched with federal funding opportunities; and
WHEREAS, King & Spalding, LLP, a foreign limited liability partnership pending
registration with the State of Florida ("K&S"), has an effective team that brings strong bipartisan
relationships, as well as a deep understanding and appreciation of the State of Florida and
especially the City; and
WHEREAS, given the recent passage of important federal legislation, the City requires
immediate representation by K&S before the federal government to ensure the City is able to
avail itself of the present federal funding opportunities; and
WHEREAS, the City Manager, pursuant to Section 18-90 of the Code of the City of
Miami, Florida, as amended ("City Code"), approved an emergency purchase to procure the
federal lobbying services ("Services") of K&S for the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, the City Manager's recommendation
and written finding for the emergency selection of K&S, attached and incorporated as Exhibit
"A", pursuant to Section 18-90 of the City Code, waiving the requirements for competitive sealed
bidding methods as not being practicable or advantageous to the City for the provision of the
Services, are hereby retroactively ratified, confirmed, and approved.
Section 3. The City Manager's negotiation and subsequent execution of an Agreement
with K&S for the Services, in a form acceptable to the City Attorney, are retroactively authorized.
Section 4. The City Manager is further authorized to negotiate and execute any and all
other documents, including any amendments, renewals, and extensions, subject to all
allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions
of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial
Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the
City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be
deemed necessary for said purpose.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
ey