HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11012 Final Action Date: 4/14/2022
MAY BE WITHDRAWN
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AND
AUTHORIZING THE WAIVER OF INDEMNIFICATION WITH KING & SPALDING, LLP,
A FOREIGN LIMITED LIABILITY PARTNERSHIP AUTHORIZED TO CONDUCT
BUSINESS IN THE STATE OF FLORIDA ("K&S"), FOR THE PROVISION OF
FEDERAL LOBBYING SERVICES FOR THE CITY OF MIAMI ("CITY") AS APPROVED
BY RESOLUTION NO. R-21-0191 ADOPTED ON MAY 13, 2021; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY AND K&S, 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 CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("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 FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE
WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED
NECESSARY FOR SAID PURPOSE.
WHEREAS, on May 13, 2021, pursuant to Resolution No. R=21-0191, the City
Commission, by an affirmative four -fifths (4/5ths) vote, confirmed, approved, and ratified the City
Manager's recommendation and written finding for the emergency selection of King & Spalding
LLP, a foreign limited liability partnership authorized to conduct business in the State of Florida
("K&S"), for the provision of federal lobbying services for the City of Miami ("City") pursuant to
Section 18-90 of the Code of the City of Miami, Florida, as amended ("City Code"), waiving
competitive sealed bidding requirements as not being practicable or advantageous for the City;
and
WHEREAS, during the City's negotiation with K&S concerning the resultant Professional
Services Agreement ("PSA"), K&S requested significant changes to the PSA's indemnification
language; and
WHEREAS, the proposed changes to the PSA's indemnification language constitute a
waiver of the indemnification and, thereby, eliminate K&S' duty to indemnify the City and/or
otherwise defend the City at the cost and expense of K&S; and
WHEREAS, it is appropriate for the waiver of the K&S indemnification of the City to be
approved by the City Commission;
City of Miami Page 1 of 2 File ID: 11012 (Revision:) Printed On: 6/10/2025
File ID: 11012 Enactment Number:
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 fully set forth in this Section.
Section 2. The waiver of the indemnification in the PSA with K&S for the provision of
federal lobbying services for the City, as approved by City Commission Resolution No. R-21-
0191 adopted on May 13, 2021, is hereby approved and authorized.
Section 3. The City Manager is authorized' to negotiate and execute the PSA between
the City and K&S, in a form acceptable to the City Attorney.
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 forms 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 Nttor ey ) 11/24/2021
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 11012 (Revision:) Printed on: 6/10/2025