Fort Walton Beach Council agenda — 10-13-2009 regular — reading text

BEACH, FLORIDA MEMORANDUM DATE: October 5, 2009 TO: Honorable Mayor and Council Members FROM: Robert T. Mearns, City Manager SUBJECT: : Renewal of contract for State Legislative Services, The Advocacy Group 1. Background: 1. 1 On November 13, 20071 City Council unanimously approved staff s request to award a contract for State Legislative Services to The Advocacy Group ( TAG) at Tew Cardenas, LLC., for the period December 1, 2007 to November 30, 2008, at a not to exceed amount of $40, 000. This contract was renewed in November, 2008 for the period December 1, 2008 to November 30, 2009. 2. Discussion: 2. 1 Per the attached contract, The Advocacy Group will renew at the same rate as both last year and the year before. Funding for the renewal of this contract was included in the FY 2009 -10 Budget.However, for accounting convenience, the City asked TAG to renew for 10 months instead of 12, to bring this item in line with the fiscal year. 3. Conclusion: 3. 1 Staff respectfully requests Council' s approval of the renewal of this contract at the same dollar amount as last year. G Submitted by: Carole Jo n;- - executive Assistant Reviewed for Agenda: ert T. Mearns, City Manager 159-  The Advctacy Group iffy sr September 30, 2009 Mr. Robert Mearns The City of Fort Walton Beach 107 Miracle Strip Parkway SW Fort Walton Beach, FL 32549 Dear Mr. Mearns: On behalf of The Advocacy Group at Cardenas Partners LLC (The Advocacy Group), we thank you for the opportunity to continue to represent The City of Fort Walton Beach. This letter sets forth the scope and terms of our engagement: Nature of Advocacy Services. The Advocacy Group will assist The City of Fort Walton Beach with advocacy services before the state ofFlorida' s Legislative and Executive branches of government. 2. Fees for Services. Inconsideration for these services, The City of Fort Walton Beach agrees to pay The Advocacy Group at Cardenas Partners, LLC, the sum of $3, 333. 33 per month, inclusive of all expenses and disbursements, beginning December 1, 2009 and ending September 30, 2010. This agreement may be extended upon mutual consent ofboth parties. 3. Other Projects. The Advocacy Group at Cardenas Partners LLC, may be retained by The City of Fort ' Walton Beach on an as- needed basis for other projects that are substantially outside the scope of this agreement. In the event such services are required, the parties agree to negotiate separate fees for each project. 4. Payment of Costs. We will bill you monthly for all fees. Payment in full is expected within 30 days after you have received the monthly invoice. 5. Adverse Representation. The Advocacy Group is accepting this engagement with the understanding that our representation of The City of Fort Walton Beach will not preclude us from: accepting any other engagement from any existing or new client. The City of Fort Walton Beach consents to our representing another client if such representation is adverse to the interests of The City of Fort Walton Beach provided that ( i) any known conflicts are disclosed to The City of Fort Walton Beach (ii) the representation will not adversely affect our responsibilities to and relationship with The City of Fort Walton Beach, and the other client, iii) such engagement is not substantially related to the subject matter of any services we are providing to The City of Fort Walton Beach and ( iv) in accepting such other engagement we would not impair the confidentiality of proprietary, sensitive or otherwise confidential communications The City of Fort Walton Beach may make to us. Telephone: 550. 222. 3900 • 215 South Monroe Street, Suite 602 * Tallahassee, Fh) rida 32301 160-  6. Confidentiality. The Advocacy Group at Cardenas Partners LLC acknowledges its responsibility, both during and after the terns of its appointment, to use all reasonable efforts to preserve the confidentiality ofany proprietary or confidential information or data developed by The Advocacy Group on behalf of The City of Fort Walton Beach, or disclosed by The City of Fort Walton Beach to The Advocacy Group. 7. Disclosures and Consents. The City of Fort Walton Beach acknowledges that The Advocacy Group does not practice law and the services that The Advocacy Group offers are not legal services. Accordingly, The City of Fort Walton Beach understands and acknowledges that, in retaining The Advocacy Group at Cardenas Partners LLC, The City of Fort Walton Beach will not have the benefits of an attorney -client relationship and that the protections of attorney - client privilege will not attach to its communications with The Advocacy Group at Cardenas Partners LLC. 8. Political Contributions. The Advocacy Group' s services may include advocating The City of Fort Walton Beach' s position before governmental agencies in the hopes of obtaining action by the agency favorable to The City of Fort Walton Beach. The City of Fort Walton Beach understands that, while partners of the firm have developed positive professional relationships with governmental officials,that may include the governmental officials involved in The City of Fort Walton Beach' s representation, there can be no guarantee that the decisions of the governmental agency will be favorable to The City of Fort Walton Beach, The City of Fort Walton Beach further acknowledges that there have been no representations that the firm or its partners can exert any undue or improper influence over any governmental agency or official. In the event The City of Fort Walton Beach chooses to make any political contributions, The City of Fort Walton Beach acknowledges that those contributions are not connected to the firm' s representation of The City of Fort Walton Beach, and that the firm or its partners have not made any representation that such contributions will affect the outcome of any governmental decision or proceeding in which the firm represents The City of Fort. Walton Beach. 9. Termination of Representation. Prior to the end of the term of this agreement, either party may terminate our representation at any time, upon 30 days' written notice. Please indicate your agreement to these terms by executing this letter in the space below and returning the original to me. We appreciate your confidence in our firm and the opportunity to present this proposal to continue to be of service to The City of Fort Walton Beach in this matter. Yours truly, Slater W. ylis ICU Agreed and Accepted: The City of Fort Walton Beach 0 Print Name: Date: 162-  CITY COUNCIL MEETING October 13, 2009 Discussion - Direction - Action Action: Approval of Interlocal Agreement with Okaloosa County to allow the City to utilize the County' s Construction Board. Synopsis: To bringforth disciplinary action against contractors out of compliance with State, County and City regulations_ Agenda Item Number: 9. 9  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Timothy Bolduc, Building Official Through: Michael D. Beedie, P. E., City Engineer Date: September 29, 2009 Subject: Interlocal Agreement with Okaloosa County Regarding Registration, Licensing, and Discipline of Registered Contractors. 1. BACKGROUND: 1. 1 The City of Fort Walton Beach currently recognizes registered contractors licensed by the Okaloosa County Construction Board. 1. 2 The City does not have a review board and therefore is unable to seek discipline against registered contractors working within the City' s jurisdiction who do not comply with the rules and regulations governing registered contractors. 2. DISCUSSION: 2. 1 The Building Official, in an effort to protect the interests of the citizens of the City of Fort Walton Beach, as well as those interests of registered contractors operating in accordance with the rules set forth by the State of Florida, Okaloosa County, and the City, must have a means of disciplining contractors through a review board. 2. 2 The Okaloosa County Growth Management Department desires an interlocal agreement to allow the City to bring forth disciplinary actions against registered contractors to the County' s Construction Board. 2. 3 The execution of this agreement will further equip the Engineering Services Department in the execution of its duties and responsibilities. 3. FINANCIAL INFORMATION: 3. 1 There is no financial impact on the City from this agreement. 163- 4. RECOMMENDATION: 4. 1 Staff recommends that City Council approve the Interlocal Agreement with Okaloosa County regarding the registration, licensing, and discipline of registered contractors to allow the City to utilize Okaloosa County' s Construction Board in disciplining contractors who are not in compliance with State, County, or City regulations. 5. ATTACHMENTS: 5. l Interlocal Agreement Regarding Registration, Licensing, and Discipline of Registered Contractors 5. 2 Legal Sufficiency E -Mail from City Attorney 6. SIGNATURE BLOCK: 6. 1 Submitted By: Timothy olduc, Building Official 6. 2 Reviewed and Concur: , aw % L,a14l I Michael D. Beedie, P. E., City Engineer 6. 3 Reviewed for Agenda: o% Kojert T. Mearns ity Manager 164-  INTERLOCAL AGREEMENT