HomeMy WebLinkAboutItem #04 Approval of One-Year Contract with Federal Lobbying Services with Alcalde & Faye Oc-oe
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AGENDA ITEM COVER SHEET
Meeting Date: September 19, 2017
Item # y
Reviewed By:
Contact Name: Craig Shadrix, Asnt) Department Director:
City Manager
Contact Number: 1081 City Manager:
Subject: Approval of one-year contract for Federal Lobbyist Services — Icalde & Fay
Background Summary:
The City's most recent solicitation for federal lobbying services resulted in the firm, Alcalde and Fay being
ranked number one, although the City Commission chose to hire Global Business Development. In August, the
City Commission terminated its contract with Global Business Development for federally lobbying services at
the August 15, 2017 meeting. Alcalde and Fay is the next entity in line under the solicitation to receive work for
the remaining one year term. The attached letter and agreement for federal lobbying services with Alcalde and
Fay provides that the City will pay $5000/month for federal lobbying services (plus reimbursables), and either
party has the ability to terminate the contract with thirty(30) days' written notice without cause.
Issue:
Should the Honorable Mayor and City Commission approve a one-year contract with Alcalde and Fay for
federal lobbying services per the attached letter and agreement?
Recommendations:
Staff recommends that the Honorable Mayor and City Commission approve the attached one-year contract with
Alcalde and Fay for federal lobbying services and authorize expenditure of$1700 from the contingency fund.
Attachments: Letter and Signed Agreement
Financial Impact:
The first 10 days of the contract, starting on September 20, 2017 ( app $1,700)through the end of September
will need to be funded from the contingency fund, which has a balance currently of$7,477. The remainder of
the contract beginning October 1 will be paid from general government contractual services 001-516-00-3400.
Type of Item: (please mark with an `5c'1
Public Hearing For Clerk's Dept Use:
Ordinance First Reading A Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
N/A
Reviewed by City Attorney
Reviewed by Finance Dept. N/A
Reviewed by N/A
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ALCALDE&FAY
GOVERNMENT&PUBLIC AFFAIRS CONSULTANTS
September 5, 2017
Mr. Robert Frank
City Manager
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
Dear Robert:
Per our recent communication, please find enclosed two copies of an agreement
between Alcalde & Fay and Ocoee for federal lobbying services for signature and
execution, along with postage pre-paid and addressed envelope for your convenience
to return one signed copy for our files.
We look forward to advocating for the City's federal legislative priorities and
projects, having previously done so on behalf of Ocoee.
On behalf of all of the Partners of Alcalde & Fay, we look forward to our positive
relationship and successful advocacy on behalf of the City here in Washington.
Sincerely,
Skip Bafalis
Partner
2111 WILSON BOULEVARD, ARLINGTON, VIRGINIA 22201 PH(703)841-0626 FAX(703)243-2874
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF
OCOEE,FLORIDA AND ALCALDE &FAY, LTD.
The following is an agreement between the City of Ocoee, Florida, a municipal corporation
existing under the laws of the State of Florida, hereinafter referred to as "CITY," and the firm of
Alcalde &Fay,Ltd., a Virginia corporation,hereinafter referred to as "CONTRACTOR".
WHEREAS, CONTRACTOR has duly qualified experts in the field of public works,
transportation infrastructure, water resources, housing and Federal appropriation and grant programs;
and
W EREAS, in the judgment of the Ocoee City Commission, it is necessary and desirable to
employ the services of the CONTRACTOR to assist the CITY with public works, transportation
infrastructure, water resources, housing and Federal appropriation and grant programs administered
by the Federal government.
NOW,THEREFORE, in consideration of the mutual covenants contained herein,the parties
hereto agree as follows:
PART I- SPECIFIC PROVISIONS
A. SERVICES TO BE PROVIDED: CONTRACTOR will consult and advise, as requested, on
public works, transportation infrastructure, water resources, housing and Federal
appropriation and grant programs, including but not limited to:
1. Developing strategies to obtain and maximize funding for public works, transportation
infrastructure,water resources and housing programs.
2. Coordinating funding, legislation and policy related activities with the United States
Congress and Federal agencies;
3. Securing authorizations and funding from the United States Congress and Federal
agencies to implement the CITY'S projects;
4. Maintaining direct and frequent contact with key United States Senators and
Representatives;
5. Advocating CITY interests during the United States legislative and regulatory process;
6. Providing the CITY with a written report of activities and attending CITY meetings
upon the CITY'S written request.
B. PAYMENT: For the period of September 20, 2017 to September 30, 2017,
CONTRACTOR'S compensation for the services provided hereunder shall be $1,700.00.
Commencing on October 1, 2017, CONTRACTOR'S compensation for the services provided
hereunder shall be $5,000.00 per month for the duration of this Agreement. CONTRACTOR
shall submit the $1,700.00 invoice on September 20, 2017 and, as of October 1, 2017,
CONTRACTOR shall submit a monthly invoice in the amount of$5,000.00 to CITY at the
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first of each month. The CITY shall reimburse CONTRACTOR for reasonable standard
office expenses incurred in connection with the CONTRACTOR'S work at actual cost.
Standard office expenses that are to be reimbursed include photocopying,postage,telephone,
delivery, and telecopy charges. Standard office expenses will be reimbursed to
CONTRACTOR on a monthly basis. All travel expenses and other non-standard office
expenses will be incurred only following written approval by CITY.
C. KEY PERSONNEL: CONTRACTOR has represented to CITY that CITY will have L.A.
'Skip' Bafalis, Jim Davenport and Maurice Kurland as principals of CONTRACTOR'S
services, in the performance of CONTRACTOR'S duties hereunder, and has relied on that
representation as an inducement to entering into this Agreement. In the event
CONTRACTOR elects to use other individuals associated with CONTRACTOR for the
services to be provided hereunder, CONTRACTOR shall first obtain the consent of the
CITY's City Manager.
PART II. GENERAL PROVISIONS
A. ASSIGNMENT AND DELEGATION; Except as above, neither party hereto shall assign or
delegate any interest in or duty under this Agreement without written consent of the other,
and no assignment shall be of any force or effect whatsoever unless and until the other party
shall have so consented.
B. STATUS OF CONTRACTOR: The parties intend that CONTRACTOR, in performing the
services hereinafter specified, shall act as an independent contractor and shall have control
of the work and the manner in which it is performed, CONTRACTOR is not to be
considered an agent or employee of CITY and is not entitled to participate in any pension
plan,insurance,bonus or similar benefits CITY provides its employees.
C. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING
PAYMENTS: All notices, bill, and payments shall be made in writing and may be given by
personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed
as follows:
CITY: Robert Frank
City Manager
150 North Lakeshore Drive
Ocoee,FL 34761
(407) 656-6885
CONTRACTOR: ALCALDE&FAY,LTD.
2111 Wilson Boulevard, 8th Floor
Arlington,VA22201
(703) 841-0626
D. NON-DISCRIMINATION: CONTRACTOR shall comply with all applicable federal, state
and local laws, rules and regulations in regard to nondiscrimination in employment because
of race, color, ancestry, national origin, religion, sex, age, marital status, medical condition,
or physical or mental disability.
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E. FERM OF AGREEMENT: This Agreement shall become effective September 20, 2017 and
shall terminate on September 30, 2018. Either party may terminate this agreement upon 30
day's written notice to the other with or without cause.
F. JURISDICTION: This Agreement and performance hereunder and all suits and special
proceedings hereunder shall be construed in accordance with the laws of the State of Florida.
In addition, special proceeding or other proceeding that may be brought arising out of, in
connection with, or by reason of this Agreement, the laws of the State of Florida shall he
applicable and shall govern to the exclusion of the law of any other forum.
G. MEDIATION: All controversies, claims, and disputes between the parties arising out of or
related to this Agreement or the interpretation thereof,will first be submitted to mediation by
a mediator certified by the Supreme Court of Florida, which mediator shall be selected and
retained by the CITY. The cost of the mediator's fee shall he borne equally by the parties.
The mediation process shall be invoked by written notice from either party. The CITY shall
retain the mediator and schedule mediation within thirty (30) days of sending or receiving
the written notice, or on a date as agreed by the parties. Mediation shall he a condition
precedent to filing a lawsuit by either party.
H. ATTORNEY'S FEES; COSTS; VENUE: In the event that any party hereto shall bring an
action or proceeding for an alleged breach of any provision of this Agreement,the prevailing
party shall be entitled to recover, as part of such action or proceeding, reasonable attorney's
fees, paralegal fees, and court costs at both trial and appellate levels. For the purpose of any
suit, action or proceeding arising out of or relating to this Agreement, the parties hereby
consent and agree to the jurisdiction and venue of the Circuit Court of Orange County,
Florida.
SEVERABILITY. In the event that any term,paragraph, or provision of this agreement or its
application to any circumstances shall be deemed invalid or unenforceable, the remainder of
this Agreement shall be valid and enforceable to the fullest extent permitted by law.
J. PUBLIC RECORDS COMPLIANCE. The CITY is a public agency subject to Chapter
119, Florida Statutes. The CONTRACTOR agrees to comply with Florida's Public
Records Law. Specifically, the CONTRACTOR shall:
1. Keep and maintain public records required by the City to perfotiu the
service.
2. Upon request from the City's custodian of public records, provide the City
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.
3. Ensure that public records that are exempt or confidential and exempt
from the 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 City.
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4. Upon completion of the contract, Contractor agrees to transfer at no cost
to the City all public records in possession of the Contractor or keep and maintain
public records required by the City to perform the service. If the Contractor
transfers all public record to the City 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 public records.
All records stored electronically must be provided to the City, upon request from
the City's custodian of public records, in a format that is compatible with the
information technology systems of the City.
5. A Contractor who fails to provide the public records to City within a
reasonable time may be subject to penalties under section 119.10, Florida
Statutes.
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 407-905-3100, EXTENSION 1022,
CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE
DRIVE, OCOEE, FLORIDA 34761.
K. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
parties and supersedes all prior oral or written agreements. No, waiver, modifications,
additions or addendum to this Agreement shall be valid unless in writing and signed by both
the CONTRACTOR and CITY.
(Remainder of page intentionally left blank.)
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
this day of September,2017.
WITNESSES: ALCALDE AND FAY,LTD.
By:
•
CITY OF OCOEE, a Florida municipal
corporation
By:
RUSTY JOHNSON
Mayor
Attest:
Melanie Sibbitt, City Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this _ day of
2017.
SHUFFIELD, LOWMAN & WILSON,
P.A.
By:
City Attorney
APPROVED BY THE; OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2017 UNDER
AGENDA ITEM NO.
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