Item 09 Approval of One Year Extension of Federal Lobbying Services Agreement with Alcalde & Fay, Ltd OCOPF>
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AGENDA ITEM COVER SHEET
Meeting Date: October 16, 2018
Item #
Reviewed By:
Contact Name: Craig Shadrix, Assistant City Department Director:
Manager
Contact Number: 407-905-3111 City Manager:
Subject: Approval of one-year extension of Federal Lobbying Services ith Alcalde and Fay
Background Summary:
The City uses the services of the Washington-based bi-partisan lobbying firm Alcalde and Fay for federal
lobbying services. During its most recent solicitation (2016) the City ranked Alcalde and Fay number one
based on its proposal, and ultimately used Global Business Development for one year prior to executing
a one year contract with Alcalde and Fay for fiscal year 2017. Based on recent strides made with several
issues, most notably the movement towards legislation unifying the City's zip codes to the Ocoee zip
code of 34761, staff feels that a one year extension is warranted. The existing contract expired on
September 30, 2018, and this request is to use existing budgeted funds to cover the month of October
and to fulfill the City's obligations ($5000/month plus reasonable reimburseable expenses) of the
attached contract beginning November 1, 2018 for a period of one year.
Issue:
Should the Honorable Mayor and City Commission approve a one-year contract with Alcalde and Fay for
federal lobbying services per the attached contract beginning November 1, 2018?
Recommendation:
Staff recommends that the Honorable Mayor and City Commission approve a one-year contract ith
Alcalde and Fay for federal lobbying services per the attached contract beginning November 1, 20 8,
and authorize retroactive payment for the services for the month of October from general governm-nt
contractual services 001-516-00-3400.
Attachment: Contract for one year of federal lobbying services with Alcalde and Fay beginning
November 1, 2018
Financial Impact:
Adequate funding is budgeted in general government contractual services 001-516-00-3400 to fulfill t is
contract.
Type of Item: (please mark with an "x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading x 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
Reviewed by City Attorney N/A
Reviewed by Finance Dept. X N/A
Reviewed by ( ) N/A
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, hereinafter referred to
as "CITY" and the firm of Alcalde & Fay, Ltd., a Virginia corporation, hereinafter referred to as
"CONTRACTOR", and is effective on November 1, 2018 (the "Agreement").
WHEREAS, CONTRACTOR has duly qualified experts in the field of public works,
transportation infrastructure, water resources, housing, and Federal appropriations,
authorizations, and grant programs; and
WHEREAS, 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 appropriations, authorizations, 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 the CITY, as
requested, on public works, transportation infrastructure, water resources, housing and
Federal appropriations, authorizations, and grant programs, including but not limited to:
1. Developing strategies to obtain and maximize funding for the CITY'S public works,
transportation infrastructure, water resources and housing programs;
2. Coordinating with and advising the CITY on 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 on behalf of the CITY;
5. Advocating CITY interests during the United States legislative and regulatory
process; and
6. Providing the CITY with a written report of activities and attending CITY meetings
upon the CITY'S written request.
B. PAYMENT: CONTRACTOR'S compensation for the services provided hereunder shall
be $5,000.00 per month paid in advance. CONTRACTOR shall submit the monthly
$5,000.00 fee invoice at the first of each month, beginning on November 1, 2018. The
CITY shall reimburse CONTRACTOR for reasonable expenses incurred in connection
with the CONTRACTOR'S work at actual cost. Expenses that are to be reimbursed
include photocopying, postage, telephone, delivery, and telecopy charges. Expenses will
be reimbursed to CONTRACTOR on a monthly basis. Other expenses, including travel
expenses, will be incurred only following written approval by the City Manager of the
CITY.
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C. KEY PERSONNEL: CONTRACTOR has represented to CITY that CITY will have L.A.
`Skip' Bafalis, Maurice Kurland, and Perrin Badini 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.
PART II. GENERAL PROVISIONS
A. ASSIGNMENT AND DELEGATION: 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, VA 22201
(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.
E. TERM OF AGREEMENT: This Agreement shall be for a term of one year, with an
option for three additional one year terms, and become effective November 1, 2018. It
shall terminate upon 30 day's written notice by either party 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
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Florida shall be 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 be 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 be 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.
I. 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.
WITNESSES: ALCALDE AND FAY, LTD.
By
Date:
FOR USE AND RELIANCE ONLY BY CITY OF OCOEE, a Florida municipal corp.
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND By:
LEGALITY this_day of , 2018. Rusty Johnson, Mayor
SHUFFIELD,LOWMAN& WILSON,P.A.
By: Attest:
City Attorney Melanie Sibbitt, City Clerk
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
, 2018, UNDER AGENDA
ITEM NO.
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