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HomeMy WebLinkAboutItem #11 Discussion Regarding the State Lobbying Services Contract with Gray Robinson, P.A 1 ocoee Florida AGENDA ITEM COVER SHEET Meeting Date: April 18, 2016 Item # Reviewed By: Contact Name: Robert Frank Department Director: Robe /���/ Contact Number: 1502 City Manager: Robert Fr Subject: State lobbying services contract with Gray Robinson, P-A. Background Summary: The City has used Gray Robinson, P.A. as its state lobbyist since October 2007. The initial contract between the City of Ocoee and Gray Robinson terminated in October 2010. Since then, Gray Robinson, P.A. has represented the city on a month to month basis. During the Ocoee City Commission's budget workshops in 2016, there was considerable discussion regarding the need for a state lobbyist and whether the City should continue funding the month to month contract. The City Commission then allocated $42,000 for state lobbyist services in the current fiscal year (16/17). This $42,000 for Gray Robinson's state lobbying contract has now been exhausted. If the city chooses to continue on a month to month basis to the end of the fiscal year with Gray Robinson, P.A., a budget transfer is necessary in the amount of $23,542.20. A 30 day notice is required to terminate the contract; therefore, the April invoice of $5,000, the May invoice of $3,000, plus outstanding travel expenses in the amount of $3,542.20 totaling $11,542.20 is the minimum required to bring the contract up to date. Issue: Should the City Commission continue its contract with Gray Robinson, P.A. for state lobbying services? Recommendations This item is being brought forth for City Commission discussion. If the City Commission decides to continue the contract through the end of the fiscal year, then staff recommends the transfer of $23,542.20 from contingency to 001-516-00-3400. Should the City Commission choose to terminate the contract, staff recommends the transfer of$11,542.20 from contingency to 001-516-00-3400. Attachments: Current contract with Gray Robinson, P.A. Financial Impact: The contingency fund balance is $26,279 from which the City Commission may vote to transfer to cover the costs to now-depleted line item 001-516-00-3400. Type of Item: (please mark with an"x" Public Hearing For Clerk's Deot Use: Ordinance First Reading _ Consent Agenda Ordinance Second Reading _ Public Hearing Resolution Regular Agenda Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by N/A 2 4116 GRAY ROBINSON5a1e1400 301 EAST FINE STREET(32800 ATTORNEYS AT LAW F.O.Box 3068 FORT LAUDERDALE ORLANDO, ?Loupe 328024068 J4CXSONVIEEe in 407-843-8880 ,(EY Noir EAa407-244.5690 Frederick W.Leonhard[ /AEeuuO Attorney Al Law MstaOmue MUM? 407-2445655 • eLEUNNAN (dGFAT-aOBINSON.COM NAMES m ORLANDO TAttANAssee October 27, 2010 TAMPA City of Ocoee Attention: Robert Frank, City Manager 150 N.Lakeshore Drive Ocoee,FL 34761-2258 Re: Legislative Consulting Services Engagement Agreement Dear Mr. Frank: We are pleased that you have re-engaged us to perform work for the City of Ocoee(the "City") as your legislative and executive governmental consultant on all such matters. The purpose of this letter is to confirm the terms of our engagement. I will be principally responsible to handle this matter assisted by attorney Chris Carmody, consultants Robert Stuart, Chris Hansen, and other members of our firm. We will not change the personnel principally responsible for this matter without your prior approval. For this representation,we will charge a monthly fee of$3,000.00,except for the months of February, March, and April, for which we will charge$5,000.00 a month. This represents an annual gal fee retainer of$42,000.00. If, at any time, you desire that we perform any additional work, outside of the Scope of Work in the RFP, we will enter into a separate fee agreement for any such additional representation. However, we will not perform any work for which an additional fee will be charged without your express written authorization. We acknowledge that our engagement by the City Is non-exclusive and that the City may, In its sole discretion, award any additional services, whether In the areas covered by the Scope of Services, or in any additional areas, to any third party, or such services may be performed by the City employees. The attorney-client privilege is an important subject that we raise with our clients. As a matter of professional responsibility, we are required to preserve the confidences of our clients. This professional obligation and the legal privilege accorded attorney-client communications exist to encourage candid and complete communication between client and attorney. The attorney-client privilege can be lost if our written or oral communications are shared inappropriately with others. We should discuss in advance any intention you have to include others in this confidential relationship. At the same time, we understand that our written communications with the City are subject to the Florida Public Records Law and we agree to comply with all of the requirements of such law. ORL 693960.3 www.gray.robthson.corn CRAYROalfSON PROFESSIONAL ASSOCIAI1ON October 27,2010 Page 2 We will invoice the City monthly for the retainer and reimbursable expense. Payment for our services shall be due within 30-days of receipt of each invoice In accordance with the Florida Prompt Payment Act. Our statements may include charges for related expenses and services, such as photocopying, computerized research, travel, long distance telephone, telecopy, document production and binding and delivery service to the extent required by the particular assignment. These charges will be itemized and charged In accordance with the reimbursable cost outline set forth in our RFP Response. We will seek your authorization in advance for any reimbursable expense payment of$250 or more. Travel expenses shall not exceed $50.00 per day, Our aggregate reimbursable expanses In any month will not exceed 10% of the agreed upon retainer for that month and will not exceed $4,200 per year, unless we obtain your prior written approval to exceed these amounts. Should you have a question about any statement, please call me. Our engagement will be on a continuing month-to-month_basis. As in any professional relationship where mutual trust and confidence are essential, it is appropriate for you and for Gray Robinson, P.A. to be able to terminate our engagement at any time by reasonable written notice. In any such event we agree to provide the City with at least thirty (30)days prior written notice of any such termination. If our engagement Is terminated, we understand that you wilt take whatever steps are necessary to evidence that we are free from any obligation to perform further, and to pay us for unpaid fees for legal services rendered and charges or related expenses and services incurred to the date of termination. Because of the size of our firm and our representation of other clients, it is possible that there may arise in the future a dispute between another client and City of Ocoee. Our acceptance of the current representation will preclude us from accepting future representations adverse to you which Involve matters substantially related to the work we perform In the course of this engagement. We do, however, reserve the right to continue to represent existing and new clients adverse to the City so long as such representation is unrelated to the work which we are performing under this Engagement Agreement and does not Involve the representation of parties adverse to the City in litigation or a contested administrative proceeding. We agree that we will not represent anyone adverse to the City In litigation or a contested administrative proceeding without you prior written consent,which consent may be withheld. ORIA_403160,3 ORAYROBINSON PROFESSIONAL ASSOCIATION October 27,2010 Page 3 We would appreciate your acknowledging that this letter correctly reflects the terms of our engagement by signing, dating and returning to me the enclosed copy of this letter. There is a space for this acknowledgment below my signature. We are very pleased to be working with you. Sincerely, . w. Frederick W. Leonhardt FWL:rfs oal cknowledged and agreed to by the City of Ocoee, Florida this a� day of 010. A iJ S1: �• CrIY OF OCOEE,FLORIDA9 //'��1n3/� C.4.. ✓7i'�.�L✓l,{� � 'Set'.mit 0 �� 'teirn Ty Clerk /tVr IR.' S.Scott Vandergrift,Mayor 11 (SEAL) FOR USE AND RELIANCE ONLY BY - APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON NOVEMBER 2,2giQ_, LEGALITY this'G' day of MA,Alar2010. UNDER AGENDA ITEM NO. / FOLEY&LARDNER LLP By: City Attorney k 3567065 rl ORL&5934e0.3 POLICY REGARDING FEES AND EXPENSES FEES: Quality legal services and good results require ability and effort. These are our "stock In trade." Generally,our fees are based on our skill, the time expended, and the responsibility involved. While our fee In most cases will be based mainly on the time devoted to the matter and the professional skill involved, the Supreme Court of Florida has ruled that where a favorable result has been obtained for a client, a reasonable attorneys fee may Include consideration of that favorable result and may result In a fee greater than one based solely on a normal hourly rate. We will charge such a fee where we believe it Is Justified and In accordance with the Supreme Court's guidelines. Those guidelines involve factors other than the amount of time required, such as the uniqueness and complexity of the questions Involved,the skill requhed to provide proper legal representation, familiarity with the specific area of law involved the preclusion of other engagements caused by acceptance of this engagement,the magnitude of the matter, the results achieved, customary fees for similar legal services, and the nature and length of our relationship. Ni these factors have a significant bearing on the reasonable valueof the services performed. EXPENSES: You will be charged a reasonable rate for computerized document production, postage, reproduction, telecopies, couriers, express mail, long-distance telephone, travel costs and other costs. We may also use computerized research services to assist in handling your matters. This service will be used when we believe that it will save you money to do so, Expenses Incurred or advanced on your behalf will be itemized on the statement. BILLING You will be billed periodically,usually monthly. There will be a service charge of 1-1/2% per month on all accounts not paid within 90 days of the date the statement is mailed to you. Interest charges will be added on to any outstanding balance and will be reflected In subsequent statements. In the event you should disagree with or question any amount due under an invoice, you agree to communicate such disagreement to us, in writing, within thirty (30) days of the invoice date. Any disagreement you may have with a bill that is not communicated to us within that period shall be deemed waived. COMMENCEMENT OF REPRESENTATION: Our representation will not commence until we receive a signed copy of the letter to which This statement Is attached,together with payment of any retainer specified therein. WITHDRAWAL FROM REPRESENTATION: We reserve the right to withdraw as your counsel in the event you fall to honor your agreement with respect to our legal fees or for any Just reason as permitted or required under the Florida Code of Professional Responsibility or as permitted by the rules of courts of the State of Florida. In the event of our withdrawal,you will promptly pay for all services rendered by us prior to the date of withdrawal, FILE RETENTION: You should be aware of our file retention policy. Once your case is concluded,the file will be officially closed. Once the file is closed,it may be sent to off-site storage,and there may be costs associated with retrieval of information from the file. We retain stored and closed files for a period of ten(10)years after which time they may be destroyed. Thus,if there are any documents which you need from the documents we possess,we recommend that you obtain them at the conclusion of your case. GRAYIROBINSON ATTORNEYS AT LAW PRIVACY POLICY • Attorneys, like other professionals who advise on personal financial matters,are now required by a new federal law to Inform their clients of their policies regarding privacy of client information. Attorneys have been, and continue to be, bound by professional standards of confidentiality that are even more stringent than those required by this new law. Therefore,we have always protected your tight to privacy and do not take lightly the confidence you place in us. In the course of providing our clients with financial and tax planning and preparation services,employment counseling, bankruptcy activities,certain real estate services,and other certain financial services, we receive significant personal financial Information about you either from you or with your authorization. If you are a current or former client of GrayRobinson, P.A. you should know that all information that we receive about you is held in extreme confidence, and Is not released to any person or entity outside of this law firm, except as agreed upon by you, or as required under applicable law. We retain records relating to professional services that we provide so that we are better able to assist you with your professional needs and, In some cases,to comply with professional guidelines. In order to guard your non-pubic personal Information,We maintain physical, electronic, and procedural safeguards that comply with our professional standards. Please call if you have any questions regarding this matter. Your privacy, our professional ethics, and the ability to provide you with quality legal services are very important to us. PT.4YOlION.s .MWwrvv4B ray WILT lanai YBIsa11BBB WI E L.ObaA.,at 1710 501L Lan BL.ae 1100 201 FAQ EA 91.943 QI8Lake NeMn 1]1/[W10SA ENS Ft LWONBS.R 91901 AtludMM,FL 32202 NeyWNL FL 3140 P.Q es 3( ) P.O.Oa 1444 9210:1451171 8847614111 1301-5084129 301120211153 Lowland R 33801 MMYYmp FL 32101 Fc 0647614112 Far 1#11411.0107 Fn 3052064828 Banal.= 321-7774100 Etc 15634090310 Fat 93148441E MAW NAPLES oRAIbO TNWWBFE TAMPA 1121 BESS Apt,St 1890 11005''AWa a.at 201 801 E Pima,at 1100 301&IMOsp11 a,at 690 201N.FM1BIIn a,BM 2200 Ma P.33131 NMS.R34102 P.O.Bat 9088(]3902- PO.Bee 11191132302.3189) P.O.Boa 3324(33901-224) 3054164SW 291291.9000 30681 Talan4W,FL 32901 lens,FL 33602 Fa:31641648117 Fat? -281.3181 Orbride.FL 32801 9006773007686222.7117 813S156000 4074434810 FEC IIW67733110t Cad Da 3nue73*6d. Fix': 407-2446690 8502223494 Fine #Ian192v1 SUITE 1400 G R A Y I R O B I N S O N 301 EAST PINE STREET (32801) P.O. Box 3068 CLERMONT ATTORNEYS AT LAW ORLANDO, FL 32802.3068 FORT LAUDERDALE .Ea 407-843.8880 JACKSONVILLE EAx 407-244-5690 gray-roblmon.com KEY WEST Frederick W.Leonhardt LAKELAND Attorney At Law MELBOURNE 407-244-5655 NAPLES FLEONHARDT(L GRAY-ROBINSON.COM ORLANDO TALLAHASSEE October 1, 2007 Limn City of Ocoee Attention: Robert Frank, City Manager 150 N. Lakeshore Drive Ocoee, FL 34761-2258 Re: City of Ocoee RFP#07-003—Legislative Consulting Services Engagement Agreement Dear Mr. Frank: We are pleased that you have engaged us to perform work for the City of Ocoee (the "City") as your legislative and executive governmental consultant on all such matters. The purpose of this letter is to confirm the terms of our engagement, based on the tasks laid out in the City's Request for Proposal. We acknowledgement receipt of the City of Ocoee Request for Proposals RFP #07-003 for Legislative Consulting Services (the "RFP"). In response to the RFP, we submitted our proposal dated May 17, 2007 (the "RFP Response"). The RFP and the RFP Response are incorporated herein by this reference and made a part of this Engagement Agreement. We agree to comply with all of the requirements set forth in the RFP and our RFP Response and to perform the Scope of Work as set forth in the RFP for the fee set forth herein. I will be principally responsible to handle this matter assisted by attorney Chris Carmody, consultants Robert Stuart, Chris Hansen, and other members of our firm. We will not change the personnel principally responsible for this matter without your prior approval. For this representation, we will charge an annual flat fee retainer of$42,000.00, payable in monthly installments. For the installments of February, March, and April, the retainer will be $5,000.00 per month. For all other installments, the retainer will be $3,000.00 per month. If, at any time, you desire that we perform any additional work, outside of the Scope of Work in the RFP, we will enter into a separate fee agreement for any such additional representation. However, we will not perform any work for which an additional fee will be charged without your express written authorization. We acknowledge that our engagement by the City is non-exclusive and that the City may, in its sole discretion, award any additional services, whether In the areas covered by the Scope of Services, or in any additional areas, to any third party, or such services may be performed by the City employees. ORLA_593460.3 GRAYROBINSON PROFESSIONAL ASSOCIATION October 1,2007 Page 2 The attorney-client privilege is an important subject that we raise with our clients. As a matter of professional responsibility, we are required to preserve the confidences of our clients. This professional obligation and the legal privilege accorded attorney-client communications exist to encourage candid and complete communication between client and attorney. The attorney-client privilege can be lost ii our written or oral communications are shared inappropriately with others. We should discuss in advance any Intention you have to include others in this confidential relationship. At the same time, we understand that our written communications with the City are subject to the Florida Public Records Law and we agree to comply with all of the requirements of such law. We will invoice the City monthly for the retainer and reimbursable expense. Payment for our services shall be due within 30-days of receipt of each invoice in accordance with the Florida Prompt Payment Act. Our statements may include charges for related expenses and services, such as photocopying, computerized research, travel, long distance telephone, telecopy, document production and binding and delivery service to the extent required by the particular assignment. These charges will be itemized and charged in accordance with the reimbursable cost outline set forth In our RFP Response. We will seek your authorization in advance for any reimbursable expense payment of$250 or more. Travel expenses shall not exceed $50.00 per day. Our aggregate reimbursable expenses in any month will not exceed 10% of the agreed upon retainer for that month and will not exceed $4200 per year, unless we obtain your prior written approval to exceed these amounts. Should you have a question about any statement, please call me. The term of our engagement will be for a one (1) year term commencing on October 1, 2007 and terminating on September 30, 2008. By written notice to us, the City may extend the term of this Engagement Agreement for two (2) additional one (1) year terms. As In any professional relationship where mutual trust and confidence are essential, it is appropriate for you and for Gray Robinson, P.A. to be able to terminate our engagement at any time by reasonable written notice. In any such event we agree to provide the City with at least thirty (30)days prior written notice of any such termination. If our engagement is terminated, we understand that you will take whatever steps are necessary to evidence that we are free from any obligation to perform further, and to pay us for unpaid fees for legal services rendered and charges or related expenses and services Incurred to the date of termination. Because of the size of our firm and our representation of other clients, It Is possible that there may arise in the future a dispute between another client and City of Ocoee. Our acceptance of the current representation will preclude us from accepting future representations adverse to you which involve matters substantially related to the work we perform in the course of this engagement. We do, however, reserve the right to continue to represent existing and new clients adverse to the City so long as such representation Is unrelated to the work which we are performing under this Engagement Agreement and does not involve the representation of ORa 593460.3 GRAY ROBINSON PROFESSIONAL ASSOCIATION October 1,2007 Page 3 parties adverse to the City In litigation or a contested administrative proceeding. We agree that we will not represent anyone adverse to the City In litigation or a contested administrative proceeding without you prior written consent,which consent may be withheld. We would appreciate your acknowledging that this letter correctly reflects the terms of our engagement by signing, dating and returning to me the enclosed copy of this letter. There is a space for this acknowledgment below my signature. We are very pleased to be working with you. Sincerely, t.. _ Frederick W. Leonhardt FWL:dbl `� Acknowledged and agreed to by the City of Ocoee, Florida this 45r day of October, 2007. ATTEST: CITY OF OCOEE,FLORIDA M �1 Beth Eikenberry,C Clerk S.Scott Vandergrift,Mayor V (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE,FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON JULY 17,2007 LEGALITY this 1st day of October,2007. UNDER AGENDA ITEM NO. FOLEO LAR�)D/NER�LLL�P �y///� By: ��si`+,^'�N City Attorney \IO\1071.fl 1158224 vl ORLA_593460.3