Okaloosa County BOCC — April 28, 2016 — I. i. Alcalde & Fay — reading text

TOURIST DEVELOPMENT DEPARTMENT MEMORANDUM DATE: April 28, 2016 TO: Tourist Development Council FROM: Ed Schroeder, Tourist Development Department Director Jim Trifilio, Coastal Management Coordinator SUBJECT: Alcalde & Fay Assignment & Assumption STATEMENT OF ISSUE: Request approval of assignment and assumption agreement between Alcalde & Fay, Ltd and The Gaboton Group, LLC (Contract # C12-1996-TDC) for federal lobbying services. BACKGROUND: The County currently contracts with Alcalde & Fay to provide federal lobbying services, most frequently related to coastal management issues. Alcalde & Fay seeks to assign the agreement to The Gaboton Group under existing terms and conditions. The TDD attorney has reviewed the draft contract; however, the County contract coordination process has not yet been completed. Pursuant to section E.200 of the TDD Manual, the Council shall review and provide a recommendation for all proposed contracts requiring Board approval. OPTIONS: Approve or Deny RECOMMENDATION TO BCC: Approve assignment and assumption agreement between Alcalde & Fay, Ltd and The Gaboton Group, LLC (Contract # C12-1996-TDC) for federal lobbying services.  ASSIGNMENT AND ASSUMPTION OF AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN OKALOOSA COUNTY, FLORIDA AND ALCALDE & FAY, LTD. CONTRACT # C12-1996-TDC This ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Assignment”) is made and entered into as of the last date signed below, by and between OKALOOSA COUNTY, FLORIDA (the “County”), ALCALDE & FAY, LTD. (the “A&F”) and The Gaboton Group, LLC (the “Gaboton Group ”). WHEREAS, on November 5, 2012, the County and A&F entered into an Agreement for Professional Services, Contract #C12-1996-TDC, for A&F to provide federal lobbying services to the County (the “Agreement”); and WHEREAS, A&F seeks to assign the Agreement to the Gaboton Group and the County does not object to such assignment. NOW, THEREFORE, in consideration of the promises contained herein and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Assignment of Agreement. A&F hereby assigns to the Gaboton Group all of its rights, title and interest in, to and under the Agreement. 2. Assumption of Agreement. The Gaboton Group agrees to assume all responsibilities, duties, obligations, rights and privileges as set forth in the Agreement. 3. Consent of the County. The County hereby consents to this Assignment pursuant to the terms contained herein. 4. Amendments to the Agreement. The Agreement is hereby amended as follows: a. Part II.C. shall be amended to replace A&F’s address with the following: The Gaboton Group, LLC 9100 Westphalia Road Upper Marlboro, MD 20774 b. Part II.E. shall be amended to add the following regarding Public Records: IF THE 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 OKALOOSA COUNTY RISK MANAGEMENT 1 DEPARTMENT 5479 OLD BETHEL ROAD CRESTVIEW, FL 32536 PHONE: (850) 689-5977 riskinfo@co.okaloosa.fl.us. Contractor must comply with the public records laws, Florida Statute chapter 119, specifically Contractor must: a. Keep and maintain public records required by the County to perform the service. b. Upon request from the County’s custodian of public records, provide the County 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 chapter 119 Florida Statutes 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 the contractor does not transfer the records to the County. d. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the contractor or keep and maintain public records required by the County to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining the public records. All records stored electronically must be provided to the public agency, upon the 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. 5. This Assignment is subject to all applicable local, State and Federal laws, regulations, policies, guidelines, and requirements. 6. All other provisions of the Agreement shall remain in full force and effect. The Assignment shall become effective upon execution by all parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first hereinabove written. OKALOOSA COUNTY, FLORIDA ATTEST: ___________________________ __________________________________ J.D. Peacock, II, Clerk Charles K. Windes, Jr., Chairman Date: ______________________________ 2  ALCALDE & FAY, LTD ___________________________________ ________________________________ R. Trace Roller, Partner Witnesses: Date: ___________________________ _____________________________ Signature ___________________________________ Print Name ___________________________________ Signature ___________________________________ Print Name THE GABOTON GROUP, LLC ________________________________ Joshua J. Gaboton, President ________________________________ Date: _____________________________ ________________________ ______________________ ______ Witnesses: _____________________________ Signature ___________________________________ Print Name ___________________________________ Signature ___________________________________ Print Name 3