Item S12BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
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T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2
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�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: S.12
Agenda Item Summary #2383
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard (305) 292 -4443
N/A
AGENDA ITEM WORDING: Approval of Second Amendment extending Professional Services
Agreement with Van Scoyoc Associates, Inc. For federal lobbying services for one year, retroactive
to October 1, 2016.
ITEM BACKGROUND: The County continues to require representation /lobbying /advocacy in the
legislative and executive branches of the federal government.
This will be the third year contracting with Van Scoyoc Associates for federal lobbying services.
The firm's expertise at the federal at the federal level and their relationships with relevant agencies
and legislators positions them to be very effective advocates for Monroe's federal priorities in
Washington.
Year — end memo outlining Van Scoyoc's work on behalf of the County is also attached.
PREVIOUS RELEVANT BOCC ACTION:
September 17, 2014: BOCC approved Professional Services Agreement with Van Scoyoc
Associates, Inc. to provide federal, legislative, and executive branch lobbying and advocacy.
October 21, 2015: BOCC approved First Amendment to Professional Services agreement with Van
Scoyoc Associates, Inc. to provide federal, legislative and branch lobbying and advocacy.
CONTRACT /AGREEMENT CHANGES:
Extends existing agreements for one year. Contract amended include conflict of interest language.
Cost increase of $20,000, for increased responsibility as we are not renewing contract with federal
lobbying firm, Becker and Polikoff, P.A. (saving County $40,000.00).
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Second Amendment to Van Scoyoc Agreement November 2016
Van Scoyoc Year End Report
FINANCIAL IMPACT:
Effective Date: October 1, 2016
Expiration Date: September 30, 2017
Total Dollar Value of Contract: $80,000.00
Total Cost to County:
Current Year Portion: $80,000.00
Budgeted: Yes
Source of Funds: 00101 - 530310
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
If yes, amount:
11/22/16 001 -00101 - BOCC ADMINISTRATIVE
ffl1 111 11
REVIEWED BY:
Bob Shillinger
Budget and Finance
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
11/07/2016 4:30 PM
Completed
11/07/2016 4:40 PM
Completed
11/08/2016 8:08 AM
Completed
11/08/2016 12:12 PM
Pending
11/22/2016 9:00 AM
SECOND AMENDMENT TO
AGREEMENT FOR
CONSULTING SERVICES
Between
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
And
VAN SCOYOC ASSOCIATES, INC.
This Amendment ("Amendment "} made and entered into this 22nd day of November, 2016, is an amendment
to the Agreement dated September 17 2014 by and between Monroe County, a political subdivision of
the State of Florida, and whose address is l 100 Simonton Street, Key West, Florida, 33040, its successors
and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County
Commissioners ( "BOCC "), and Van Scoyoc Associates Inc. is a corporation authorized to do business in
the State of Florida, and whose address is 101 Constitution Avenue NW, Washington DC 20001; its
successors and assigns, hereinafter referred to as "LOBBYIST "; and
WHEREAS, the COUNTY desires to employ the professional services of LOBBYIST, Van
Scoyoc Associates, Inc. for federal legislative and lobbying services assigned by the County
Administrator and Legislative Affairs Director and agreed to by LOBBYIST; and
WHEREAS, LOBBYIST has agreed to provide professional services for federal legislative
and lobbying services as assigned by the County Administrator and agreed to by LOBBYIST; and
WHEREAS, the Florida Legislature has updated the public records language in chapter 119,
Florida Statutes, to require new language in all service contracts with public entities.
NOW, THEREFORE in consideration of the mutual promises and covenants of this
Agreement, the parties agree as follows:
1. The Parties agree to continue the services of LOBBYIST for an extended period of time beginning
October 1, 2016 and terminating on September 30, 2017.
2. All insurance required under the original agreement shall be required under this amendment and
coverage shall be immediately extended so that coverage shall be continuous through September
30, 2017.
3. This Amendment shall automatically terminate on September 30, 2017; however, either party
hereto may terminate this Amendment and the underlying agreement with or without cause upon
Thirty (30) days written notice to the other. If the COUNTY utilizes this provision the termination
shall supersede any other payment obligation Termination expenses shall be paid and shall include
any COUNTY approved reimbursement up to the date of notice of termination subject to audit for
verification.
4. All of the terms and conditions of the September 17, 2014 Agreement shall remain in full force and
effect during the term of this Amendment; and all time frames shall be adjusted automatically to
conform to the time frame of the Amendment, with exception of the following.
A) The Contract Sum is changed. The new total contract price shall not exceed $80,000.
B) The following condition is added.
CONFLICT OF INTEREST. LOBBYIST agrees it shall not contract for or accept
employment for the performance of any work or service with any individual, business
corporation, or government unit that would create a conflict of interest in the performance of
its obligations under this Agreement. LOBBYISTS further agrees it will neither take any action
nor engage in any conduct that would cause any County employee or official to violate the
provisions of Chapter 112, Florida Statutes, relating to ethics in government.
No LOBBYIST under contract with the county shall engage in any employment or contractual
relationship with any entity, which employment or contractual relationship would or could be
adverse to the COUNTY or which would or could interfere with the LOBBYIST's work on
behalf of the COUNTY. Such relationship includes, but is not limited to, representing a client
whose interest is currently in opposition to the interest of the COUNTY; serving as a consulting
or testifying expert witness in litigation against the county; representing persons or entities
before any board or agency of the county; or any other contractual relationship of whatever
kind or nature in which the consultant uses his professional expertise or provides professional
services in such a manner that a different person or entity benefits at the expense of the
COUNTY in a given transaction between other person or entity in the county.
A position in opposition to a County position may take the form of an adverse policy position
or fiscal impact on the County, either direct or indirect. A position in opposition to a County
position is not limited to a position that conflicts with an express provision of the legislative
package adopted by the Board of County Commissioners. It may also arise in other areas. Not
every County interest can be anticipated or enumerated in the County's legislative package,
and issues arise and change over the course of the legislative process. It is incumbent on the
LOBBYIST to remain mindful of the County policy and fiscal interests and positions vis -ii -vis
other clients.
If actual or perceived conflict arises, the LOBBYIST must advise the County Administrator
immediately in writing, provide sufficient information concerning the conflict, and seek a
waiver of the conflict. The County Administrator shall report the conflict to the Board of
County Commissioners.
Once a conflict waiver request has been received by the County, the County Administrator, in
consultation with the County Attorney may take any action regarding the waiver request,
including by not limited to the following: 1) allow a waiver and allow the LOBBYIST to
continue to represent both the County and the other party; 2) disallow a waiver and require the
LOBBYIST to choose between representing the County or the other party, or to discontinue
representing the other party; 3) allow a limited waiver and require the LOBBYIST to continue
to represent both the County and the other party under whatever limitations or restrictions the
County Administrator, in consultation with the County Attorney, determines to be appropriate.
Any such actions by the County Administrator shall only be effective until the Board of County
Commissioners has considered the conflict action.
The Board of County Commissioners may take any action necessary, such as termination or
waiver or partial waiver, to address the conflict of interest disclosed by the LOBBYIST.
Waiver of any conflict of interest or termination of this Agreement is expressly reserved
to the Board.
C) The titled and contents of Paragraph 26 of the original contract, entitled "PUBLIC ACCESS"
is stricken in its entirety and the following. language is substituted in its place:
PUBLIC RECORDS COMPLIANCE. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of
the Constitution of Florida. The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, records, papers, letters or other "public record"
materials in its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the County and Contractor in conjunction with this contract
and related to contract performance. The County shall have the right to unilaterally cancel this
contract upon violation of this provision by the Contractor. Failure of the Contractor to abide
by the terms of this provision shall be deemed a material breach of this contract and the County
may enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with
that proceeding. This provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of 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 this chapter or as
otherwise provided bylaw.
(3) 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.
(4) 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 that would be required
by the County to perform the service, If the Contractor transfers all public records to the
County 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 County, upon request from the
County's custodian of records, in a format that is compatible with the information
technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records, the
County shall immediately notify the Contractor of the request, and the Contractor must
provide the records to the County or allow the records to be inspected or copied within 4
reasonable time.
under section 119. 10, Florida Statute
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Witness for Consultant:
BY:
Print Name: Brian K. Robinson
Date: November 7, 2016
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Mayor/Chairman
Date:
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Print Name H. Stewart Van Sco c
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Date: November 7,20 16
MONROE QQUNW ATTORNEY
AOBERrS. SHIWNGER, It.
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November 4, 2016
Lisa Tennyson
Legislative Affairs and Grants Acquisition Director
Monroe County
The Historic Gato Cigar Factory
1100 Simonton St., Room 2 -213
Key West, FL 33040
Dear Lisa,
Thank you very much for the opportunity to represent Monroe County in Washington,
D.C. over the past two years. We have greatly enjoyed working on behalf of the County and
remain proud of the accomplishments we achieved together.
This memo briefly summarizes some of our more significant engagements on your behalf
over the past year. Among other things, they include raising the profile in Washington on issues
related to the health of Florida Bay and Monroe County's interest in overall Everglades
restoration, ongoing advocacy for funding for Payment in Lieu of Taxes (PILT) and the Florida
Keys Water Quality Improvement Program (FKWQIP), continued engagement related to the
National Flood Insurance Program (NFIP), and renewal of the Land and Water Conservation
Fund (LWCF), which may help fund land acquisition in the Keys in the future.
As you know, discussion related to Everglades restoration in Washington has at times
been dominated by the release of water from Lake Okeechobee to the St. Lucie and
Caloosahatchee estuaries. However, the poor health of Florida Bay and the interests of
Monroe County have not been neglected by your Congressional delegation, all of whom
are working to authorize, via the Water Resources Development Act (WRDA), the Central
Everglades Planning Project (CEPP) to, among other things, restore more fresh water
flow south to the Bay. This comprehensive planning effort, once authorized, can be
funded to begin further design work and ultimately construction of projects. The WRDA
bill remains in a so- called conference committee as both the House and Senate passed
their respective versions of the bill earlier this year. There remains a strong level of
support to pass the bill before the end of the year in the final days of the 114 Congress.
Our efforts have focused on engaging with Congress and the federal agencies to remind
them of the importance of CEPP and its potential to help address some of the challenges
facing the Bay due to the lack of fresh water.
With respect to the Payment in Lieu of Taxes (PILT) program, which remains important
to the County, both bodies of Congress have taken the unusual, and partially positive step
of including $480 million, which represents full funding for the program, in their
Van Scoyoc Associates Inc. 1 101 Constitution Ave. NW I Suite 600W I Washington, DC 20001
T: 202.638.1950 1 F: 202.638.7714 1 www.vsadc.com I Page 1
respective Interior Appropriations bills for Fiscal Year 2017. While a final funding
amount will not be resolved until the end of the year, the fact that both bodies included
the same amount of funding in their versions of the Interior bill is an extremely strong
situation. In the past, the Senate had usually been reluctant to fund the PIL,T program
through the appropriations process, instead hoping for a longer -term extension of the
program to provide communities with more certainty. While we support such a long-
term approach, having relative certainty regarding end -of -year funding for the program is
helpful. On behalf of the County, we have consistently reminded your delegation of the
relatively unusual benefit in Florida that Monroe County receives from the PIL,T
program, stressed the importance of its renewal, and engaged in broader advocacy efforts
to keep focus on the program.
We also engaged proactively with the South Florida Congressional delegation to ensure
$3 million in Fiscal Year (FY) 2016 funding for the Florida Keys Water Quality
Improvements Program (FKWQIP) via the Corps of Engineers "work plan," while also
working to ensure additional funding is provided to the Corps in FY 2017 so they can
provide even more funding to the project in this fiscal year. We provided letters for the
County to support such efforts and led continual discussions with staff regarding the
program. To date, the Senate included $50 million in its version of the FY 2017 Energy
and Water Appropriations bill for environmental infrastructure projects, such as
FKWQIP, through the Corps. The House, meanwhile, included $10 million in its version
of the same bill. We have continued to work to ensure Congress includes robust funding
for the environmental infrastructure program in the final FY 2017 bill that funds the
Corps, and we remain confident that they are likely to fund the program at a level closer
to that which was proposed by the Senate.
In another area of importance to the County, we continue to actively and broadly support
efforts related to the National Flood Insurance Program (NFIP). The federal
authorization of the NFIP expires in less than a year and at this time, it remains unclear as
to the direction Congress may go with the program. Regardless, we continuously engage
with Congress, the Federal Emergency Management Agency, and the County on the
future of the program, advocating for policies of benefit to the County and fighting
against the strong tide of possible provisions that could harm the County's constituents in
the future. Given that at least 11 (and likely several more) members of the House from
Florida will be new to Congress next year, our educational efforts with the Florida
Congressional delegation will be critical.
Finally, another area where we have heavily engaged on behalf of the County is the
renewal of, and potential change to, the Land and Water Conservation Fund (LWCF).
The LWCF is the principal source of monies for land acquisition for outdoor recreation
by four federal agencies —the National Park Service, Bureau of Land Management, Fish
and Wildlife Service, and Forest Service – and could ultimately be used to purchase land
within the County. Apart from yearly funding challenges related to the LWCF, which is
subject to appropriations, the current authorization for the LWCF is set to expire at the
end of 2018. While this is still more than two years away, the previous authorization was
allowed to lapse for over two months when Congress failed to reauthorize the program
after its expiration on October 1, 2015. A three -year reauthorization was finally included
in the Fiscal Year 2016 omnibus. Meanwhile, the Chairman of the House Natural
Resources Committee, Rob Bishop (R -UT), unveiled draft legislation called the
Van Scoyoc Associates Inc. 1 101 Constitution Ave. NW I Suite 600W I Washington, DC 20001
T: 202.638.1950 1 F: 202.638.7714 1 www.vsadc.com I Page 2
Protecting America's Recreation and Conservation (PARC) Act, which would
reauthorize the LWCF for seven years at $900 million annually, but would also
significantly reform the LWCF. The legislation would provide 45 percent of LWCF
funds to the State Assistance Grant Program, 15 percent to fully fund the Payments in
Lieu of Taxes program, 20 percent to fund offshore energy exploration, and 3.5 percent
on federal land acquisition. The bill would also require a certain amount of that 3.5
percent to be focused east of the 100th meridian (a north -south line running through the
Dakotas and into Texas) in order to prevent the purchase of much more land in the west.
Funding certainty for PILT and more land acquisition focus to the east would be good for
Monroe County, but there could be negative ramifications as well. As this conversation
heats up in the new Congress, we will ensure the County remains an engaged participant.
This letter only summarizes a handful of the more important issues on which we have
worked on behalf of the County, providing a snapshot of a selection of issues that represent our
effort and engagement. Most importantly, we continue to maintain frequent, consistent contact
with County staff regarding any and all issues either we feel may be relevant or which the
County raises with us. We remain constantly available and act as a valuable resource.
On behalf of our team, thank you again for the opportunity to represent Monroe County
in Washington. We look forward to continuing our partnership.
Sincerely,
1
Gregory D. Burns
Van Scoyoc Associates Inc. 1 101 Constitution Ave. NW I Suite 600W I Washington, DC 20001
T: 202.638.1950 1 F: 202.638.7714 1 www.vsadc.com I Page 3