Okaloosa County BOCC — May 19, 2015 — LOBBYIST SERVICES — reading text

AGREEMENT FOR FEDERAL LOBBYIST SERVICES RFQ # CAO 09-15 THIS AGREEMENT is made this Ist day of June, 2015 (Effective Date), by and between Okaloosa County, Florida, a political subdivision of the State of Florida (hereinafter referred to as “County”), whose address is 1804 Lewis Turner Blvd. #400, Fort Walton Beach, FL 32547, and Alcalde & Fay (hereinafter referred to as “Consultant”), a Virginia for profit corporation authorized to conduct business in the State of Florida, whose principal address is 2111 Wilson Blvd., 8" Floor, Arlington, Virginia 22201. WITNESSETH: WHEREAS, Consultant is a government relations firm representing clients before the United States Congress, congressional committees, federal officials and administrative agencies, and other applicable regulatory bodies; and WHEREAS, the County is in need of representation by a professional governmental relations firm for the purpose of advancing its financial and programmatic needs at the federal level of government. NOW THEREFORE, in consideration of the mutual terms and conditions contained herein and other good and valuable consideration, the Consultant and the County agree as follows: 1. The recitals contained in the preamble of this Agreement are declared to be true and correct and are hereby incorporated into this Agreement. 2. Term. Consultant agrees to provide professional lobbyist representation to the County, as an independent contractor, for a term of three (3) years, commencing on June 1, 2015, and ending on May 31, 2018, with two (2) additional one (1) year renewal periods if agreed to by both parties, in writing, prior to the expiration of the term. 3. Scope of Services. Consultant agrees to provide professional federal lobbyist services where such representation is needed by County, such services including, but not limited to the scope of services attached hereto and incorporated by reference as Exhibit “A”. Consultant agrees to direct questions regarding the County’s needed services to the County Administrator or County Attorney unless otherwise directed by these individuals. Consultant agrees to use its best efforts in its representation of the County. County understands that Consultant cannot guarantee certain results will be obtained. 4. Compensation. In exchange for Consultant performing professional lobbyist services, the County agrees to pay Consultant an annual retainer fee of sixty thousand dollars ($60,000.00). The retainer fee shall be paid in twelve monthly payments of five thousand dollars ($5,000.00). The County agrees to pay Consultant for reasonable out of pocket expenses incurred in connection with the work at actual cost. Expenses to be reimbursed include, but are not limited to, photocopying, postage, tclephone, and delivery. County reserves the right to audit Consultant’s records regarding reimbursable expenses upon reasonable notice. 5. Method of Billing. Consultant shall submit invoices to the County on a monthly basis. Invoices shall reflect the amount due and owing for monthly fees and approved expenses with appropriate supporting documentation. The County agrees it shall make its best efforts to pay Consultant within thirty (30) days of receipt and approval of Consultant’s invoice. 6. Termination. Either party may terminate this Agreement prior to expiration of the term without cause upon sixty (60) days written notice to the other party. Either party may terminate this Agreement for breach of any provisions contained herein upon thirty (30) days’ notice to the other party. 7. Conflict_of Interest. Consultant agrees it shall not contract for or accept employment for the performance of any work or service with any individual, business corporation, or government unit that would create a conflict of interest in the performance of its obligations under this Agreement. Consultant further agrees it will neither take any action nor engage in any conduct that would cause any County employee or official to violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government. Consultant also agrees to comply with the County’s ordinance prohibiting conflicts of interest among retaining consultants. 8. Indemnification. Consultant shall indemnify and hold harmless Okaloosa County, its clected and appointed officials, employees, volunteers, representatives and agents for any and all claims, suits, actions, damages, liability and expenses arising from or relating to any wrongful act or omission, whether or not the same constitutes a breach of this Agreement or is committed in the course of performing its lobbying duties hereunder, including but not limited to those acts or omissions which are considered defamaltory, libelous, discriminatory or otherwise unlawful under applicable laws and any act or omission relating to Consultant failure to maintain insurance as required in Paragraph 9 or to properly report or pay any applicable federal, state or local fee or taxes. 9. [nsurance. Consultant shall procure and maintain, at its sole expense during the term of this Agreement, Worker’s Compensation Insurance with limits required by state law as well as a commercial umbrella general liability insurance with a minimum amount of $1,000,000. Consultant’s insurance shall be written by a company or companies licensed to do business in the State of Florida. Prior to commencing any work under this Agrcement, certificates evidencing the maintenance of said insurance shall be furnished to the County. Consultant agrees to make no changes to coverage without notice to County and shall not permit the coverage to expire, be cancelled or not be renewed due to an act or omission by Consultant. 10. Notice. Any notice, payment or other communication under this Agreement required hereunder or desired by the party giving such notice shall be given in writing and delivered by hand or through the instrumentality of certified mail of the United States Postal Service or private courier service, such as Federal Express. Unless otherwise notified in writing of a new address, notice shall be made to each party as follows: To: Alcalde & Fay To: Okaloosa County Attention: James Davenport Attention: County Administrator 2111 Wilson Blvd., 8" Floor 1804 Lewis Turner Blvd. #400 Arlington, VA 22201 Fort Walton Beach, FL 32547 Any party shall have the right, from time to time, to change the address to which notices shall be sent by giving the other party at least ten (10) days prior notice of the address change. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and the parties stipulate that venue shall be in the County of Okaloosa. 12, Public Records. Consultant shall allow public access to all documents, records and other materials subject to the provisions of Chapter 119, Florida Statutes, prepared or received by Consultant in conjunction with this Agreement. 13. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes all prior oral or written agreements. Consultant acknowledges that it has not relied upon any statement, representation, prior or contemporaneous written or oral promises, agreements or warranties, except such as are expressed herein. The terms and conditions of this Agreement can only be amended in writing upon mutual agreement of the parties. 4. Compliance with Laws. Consultant agrees to comply with all federal, state and local laws, rules, policies or guidelines related to the performance of this Agreement, including but not limited to properly registering as a lobbyist for representation of the County with the appropriate governmental entities as well as making all necessary lobbyist reports in a timely manner to the proper authorities. 15, Severability. If any term or condition of this Agreement shall be invalid or unenforceable, the remainder of the terms and conditions of this Agreement shall remain in full force and effect. This Agreement shall not be more strictly construcd against either party hereto by reason of the fact that one party may have drafted or prepared any or all the terms and provisions hereof. IN WITNESS WIHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. OKALOOSA COUNTY Nathan D. Boyles, Chairman Dated ATTEST: 1.D. Peacock, I, Clerk and Comptroller CONSULTANT: ALCALDE & FAY d}t’les Davenport, Managing Partner 5/m)1s Dated ' / ATTEST: Corporate Secretary (Corporéfe Seal)'/ EXHIBIT “A” SCOPE OF SERVICES The Consultant will represent Okaloosa County (County) before the United States Congress, including its committees and agencies beginning in calendar year 2015. The goal of such representation will be to secure legislation and funding for programs and projects that have been identified or will be by the County as priorities. Responsibilities: Explicit responsibilities of the Consultant shall include: 1. The Consultant will communicate and provide a monthly progress report to the County Administrator or designated staff, who will be available to communicate to the Board of County Commissioners’ priorities and provide background information and data to assist in advancing the County’s efforts. Consultant will also alert the County at the earliest time of pending appropriations or actions that will impact the County and its funding posture. 2. To the highest degree possible, the Consultant will represent the County’s interest in securing federal assistance for various funding aspects — including technical assistance, planning and design, infrastructure, and services — in numerous areas, including, but not limited to, the policy or project request(s) as given by the County. 3. The Consultant shall advocate positions before the United States Congress, its committees, and agencies that are beneficial to Okaloosa County as well as oppose harmful measures. Reyvisions: The County may suggest revisions to this Scope of Services highlighting or deemphasizing certain facets or activities, as the County’s priorities emerge and new information becomes available, Specific Performance Specific activities and deliverables by/from the Consultant shall include the following: Perform as a lobbyist for the County, managing the activities in accordance with County direction, of all of its personnel hired in the capacity of providing. The Consultant must provide the full scope of lobbyist services in representing the County in matters where such representation is needed by County. Specifically the Consultant will: A. Meet with County staff and County Board to assist in the development of the County’s list of goals, priorities and specific projects. Identify which of these goals, prioritics and specific projects could be addressed at the Federal level and assist in developing written material on each request to provide to congressional staff. B Demonstrate a keen understanding of County priorities, policy objectives, project merits and supporting data. C. Provide County staff and County Board with any new information that may impact, and actively seek opportunities to enhance the County’s Federal legislative program and provide options as to legislative strategy when necessary. D. Revise the County’s Federal legislative program as needed, and as requested by the County Board through County stafl. E. Monitor current Federal legislation and the Federal budget process and report to the County, both orally and in writing, any legislative events that may directly or indirectly impact the County. Attend meetings as necessary. FL Advocate with Congress, Congressional Committees and Federal agencies in support of the County’s goals, priorities and projects. G. At the conclusion of session, prepare a final report, including the final status of the County’s priorities and a summary of the impact of major legislative changes to Okaloosa County. . Monitor various