Item S14BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
f
T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2
t� ) ��` ��
�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: S.14
Agenda Item Summary #2388
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Lisa Tennyson (305) 292 -4444
N/A
AGENDA ITEM WORDING: Approval of new annual agreement with Anfield Consulting, Inc.
For lobbying services on behalf of Monroe County in the legislative and executive branches of State
government effective December 1, 2016.
ITEM BACKGROUND: At the August BOCC Meeting, in the context of renewing Anfield's
contract, the Commission discussed the firm's potential conflict of interest and requested the firm to
address the issue, in writing.
Also in response to the conflict of interest issue in general, staff added stronger conflict of interest
language to all lobbying contracts.
Pursuant to the Board's specific request in writing, and the new contract requirements, Anfield
Consulting has provided a written explanation as to its firm's potential conflict of interest, as part of
the Board's consideration in approving a new contract.
Should the Board be satisfied with the explanation that there is not a conflict, and approves the new
agreement, it will take effect on December 1, 2016.
Anfield Consulting brings specialized knowledge and expertise to the County's state legislative
lobbying team, specifically in the State's water management, land acquisition, and environmental
programs, and the funding streams related to those programs. Anfield's team also includes
individuals skilled in writing legislation, enabling us to draft our own bills (such as the County's
advisory committee telecommunications bill) and bill language and amendments as necessary.
Anfield Consulting drafted the original language for the Florida Keys Stewardship bill, and was
instrumental in securing the bill's Senate sponsor, steering it through its House and Senate
Committee's and its eventual passage by the entire legislature in 2016.
(A different item on the agenda extends Anfield Consulting's former agreement with the County
through August 17 1 ', 2016, when the Board tabled renewal of their contract.
PREVIOUS RELEVANT BOCC ACTION:
August 2016: BOCC discussed agenda item renewing Anfield contract. Board raised issue of
Anfield's potential conflict of interest and requested that firm address the issue in writing. BOCC
withdrew the item from the agenda pending follow -up request.
September 2015: BOCC approval of Agreement with Anfield Consulting for 2016.
October 2014: BOCC approval of Agreement with Anfield Consulting for 2015.
CONTRACT /AGREEMENT CHANGES:
New contract with Anfield Conuulting for one year to begin December 1. Contract language was
changed to strenghen the conflict of interest provision; and an explanation of no conflict was
provided for Board consideration. No change in contract price.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Anfield - New Contract
FINANCIAL IMPACT:
Effective Date: December 1, 2016
Expiration Date: November 30, 2016
Total Dollar Value of Contract: $51,432.00 + expenses
Total Cost to County: $51, 432.00 + expenses
Current Year Portion:
Budgeted: Yes
Source of Funds: 04597 - 530310
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required:
Additional Details:
11/22/16 001 -04597 - LOBBYIST $51,432.00
REVIEWED BY:
Bob Shillinger
Budget and Finance
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
11/07/2016 4:53 PM
Completed
11/07/2016 4:57 PM
Completed
11/08/2016 8:09 AM
Completed
11/08/2016 12:13 PM
Pending
11/22/2016 9:00 AM
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[ON no"nw-ly-Ul V
Roman Gastesi
County Administrator
Monroe County Board of County Commissionen!
1100 Simonton Street
Key West, Florida, 33040
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First, I would like to thank you and the Board of County Commissioners for allowing us to
represent your community for the past several years. We believe we have done so with great
distinction and would like nothing more than the opportunity to be able to continue to do so in
the future.
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that we not represent any other entity whose interest or position adversely impacts the interests
of Monroe County as reflected in the positions taken by the Commission.
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2016, the County takes the position that land acquisition for water storage and conveyance
should be expedited in the EAA and system-wide, which is:
1) determined to be necessary for the implementation of CERP, and
2) purchased from willing sellers.
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the Florida Keys.
In an increasingly restrictive fiscal environment, where a 'plan" is being proposed that will
direct an additional $100 million in recurring funds towards Everglades restoration, it is
critical that the projects that most directly benefit Monroe County be included.
Attached please find an executed copy of the proposed contract for lobbying services. We
iftie
County Commissioners on this matter.
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Anfield Consulting, Inc., a corporation of the State of Florida, and whose address is 201
West Park Avenue, Tallahassee, Fl. 32301, its successors and assigns, hereinafter referred to
"LOBBYIST", and
WHEREAS, LOBBYIST have agreed to provide the professional services
LOBBYISTS for representation as described in this agreement; and i
NOW, THEREFORE, in consideration of the mutual promises, covenants and
apT
Sements stated herein- and for other
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is hereby acknowledged, COUNTY and LOBBYIST agree as follows:
1. TERM OF AGREEMENT. This agreement shall be effective upon approval and the
agreement shall continue for a period of I year, beginning October 1, 2016. The County
shall have the option to renew the agreement after the original terms, subject to
performance by the LOBBYIST and the availability of County funds.
2. COMPENSATION. The County, in consideration of the LOBBYIST satisfactorily
performing services, shall pay the LOBBYIST a total of $51,432 (Fifty One Thousand
Four Hundred Thirty Two Dollars), plus any additional costs associated with travel as
requested and approved by the County, on invoices submitted by LOBBYIST to the
C1 unty Administrator's office 1 n a monthly 1 asis. Invoices must provide sufficient detail
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achieve such matters, an end-of-session report upon the conclusion of any regular
sv,ecial session and a written rew.ort on each ionti�
during the period covered by the invoice.
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6. WRITTEN NOTICE. Any notices under this Agreement ®2 by the parties shall
deemed to have been duly served if delivered in person to the individuals and address
listed below, or if delivered or sent by first class mail, certified , return receipt, or
courier with proof of delivery. I
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41 j It tj a I I I
I 100 Simonton Street
Key Wes t, Florida 33040
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I I 11 12"' Street, Suite 408
Key West, FL 33040
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7.3 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.
I M:
Waive of any conflict of interest or termination of this Agreement is expressly
reserved to &e Board.
8.1: The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to business in the State of Florida and that has an
agent for service of process within the State of Florida. The coverage shall contain an
endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation
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and shall be in a form acceptable to the COLNTY.
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Violation of this section shall result in termination of this Agreement and recovery of all
monies paid hereto, and may result in debarment from COUNTY's competitive
Trocurement activities.
LOBBYIST will promptly notify the COUNTY if it or any SUB-LOBBYIST ic,
formally charged with an act defined as a "public entity crime" or has been placerf
on the convicted vendor list.
18. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall 1 e
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20. BIRDING EFFECT. The terms, covenants, conditions, and provisions of thk
Agreement shall bind and inure to the benefit of the COUNTY and LOBBYIST and their
respective legal representatives, successors, and assigns.
Q. ' AUTHORITY. Each party represents and wan to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law.
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24..CO OPE RATION. In the event any administrative or legal proceeding is institut
against either party relating to the formation, execution, performance, or breach of th
Agreement, COUNTY and LOBBYIST agree to participate in all proceedings, hearin
processes, meetings, and other activities related t1 the substance of this Agreement
provision of the services under this Agreement. I
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The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise
prDVided by law.
MERIVILEGES AND IMMUNITIES. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the COUNTY, when performing their
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resA' ctive functions under this Agreement within the territorial limits of the COUNTY
7.7
of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
32..EXECIJTION OF COUNTY FORMS. LOBBYIST agrees to execute such document.-
as COUNTY may reasonably require, including a Public Entity Crime Statement, an
Ethics Statement, and a Drug-Free Workplace Statement.
33. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall b
deemed to be a covenant or agreement of any member, officer, agent or employee ol'
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability
■ accountability by reason ■ the execution of this Agreement.
34. ASSIGNMENT/SUBCONTRACT. LOBBYIST shall not assign ■ subcontract its
obligations under this agreement, except in writing and with the prior written approval of
the Board of County Commissioners of Monroe County, which approval shall be subject
to such conditions and provisions as the Board may deem necessary.
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of counterparts, each of which shall be regarded as an original, I of which tak
together shall constitute one and the same instrument and any of the parties hereto m
execute this Agreement by signing any such counterpart. I
LIM
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Print Name:
am
Date:
Ima
By: . . . .. ...................
Mayor./Chairman
Date:
ANFIELD CONSULTING, INC.
By:_