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Item O3County of Monroe <r BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 IleOI1da Keys ��x t t 0. Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting April 19, 2018 Agenda Item Number: 0.3 Agenda Item Summary #4054 BULK ITEM: Yes DEPARTMENT: Legislative Affairs TIME APPROXIMATE: STAFF CONTACT: Lisa Tennyson (305) 292 -4444 No AGENDA ITEM WORDING: Approval of Consent to Assign Agreement for federal legislative and lobbying services to Thorn Run Partners effective March 12, 2018 (maintaining same lobbying representative Greg Burns.) ITEM BACKGROUND: The County entered into an Agreement for federal legislative and lobbying services with Van Scoyoc Associates on October 18, 2017. The County received notice that Lobbyist Greg Burns, effective March 12, 2018 joined the lobbying firm of Thorn Run Partners (TRP). County staff desires to continue to retain the representation and lobbying services of Greg Burns and thus seeks Board approval of the Consent to Assign the Agreement to TRP. Please see the attached letter from Greg Burns setting forth the benefits of Mr. Burns transition to TRP. PREVIOUS RELEVANT BOCC ACTION: BOCC approved the Agreement with Van Scoyoc Associates for federal legislative and lobbying services on October 18, 2017. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Burns letter to Monroe County 3 -2018 re TRP transition (2) Consent to Assignment of Agreement to Thorn Run Partners Original Agreement with Van Scoyou dated 10182017 FINANCIAL IMPACT: Effective Date: March 12, 2018 Expiration Date: September 30, 2018 Total Dollar Value of Contract: Not to Exceed $80,000.00 Total Cost to County: Not to exceed amount of $80,000.00 Current Year Portion: Budgeted: Yes Source of Funds: 001 -04597 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Lisa Tennyson Completed 04/03/2018 2:06 PM Christine Limbert Completed 04/03/2018 2:21 PM Budget and Finance Completed 04/03/2018 3:33 PM Maria Slavik Completed 04/03/2018 6:27 PM Kathy Peters Completed 04/03/2018 6:33 PM Board of County Commissioners Pending 04/19/2018 9:00 AM March 20, 2018 Roman Gastesi, County Administrator Lisa Tennyson, Legislative Affairs and Grants Acquisition Director Monroe County, Florida The Historic Gato Cigar Factory 1100 Simonton St., Room 2 -213 Key West, FL 33040 Dear Roman and Lisa, Thank you so much for the opportunity to represent Monroe County in Washington for the past several years. I am tremendously grateful for the trust you and the Board of County Commissioners have placed in me throughout that time. I am also extremely pleased with the successes we have achieved together on behalf of the County. Even in these challenging times, I know our collective efforts have provided real value to the community. That is something I treasure. I am writing to provide you with more detail about the benefits of my transition to Thorn Run Partners (TRP). Lost in the bustle of the transition are the underlying reasons why this is beneficial for both me and the County. I decided to join Thorn Run Partners because I really see it as a "next generation" government affairs firm. Since it was founded in 2010, TRP has consistently ranked among Washington's fastest growing lobbying firms according to analysis from Politico, The Hill, Bloomberg Government, and others, showing consistent growth each year since the firm was founded. I believe there are significant changes coming to Washington's lobbying landscape over the next few years. Indeed, in 2017 one of the biggest firms in Washington, the Podesta Group, literally vanished overnight when its principal became embroiled in scandal. Many other firms are aging quickly, struggling to adapt, and may not survive the next five years. It was important to me to move my practice to a younger, more dynamic, growing firm, one I am confident will continue to grow and exist as I further develop my career. TRP is not a small firm though. With revenue of $13 million in 2017, and major clients like the National Football League, AARP, eBay, PayPal, Glaxo SmithKline, Comcast, and T- Mobile, TRP is a major player in Washington. TRP's partners have largely come from bigger, older firms and have joined together to create and develop something fresh. The firm is authentically bi- partisan, with a true culture of collaboration - something that in theory exists elsewhere, but personal experience shows is uncommon. I am looking forward to working with, and learning from, a new collection of colleagues with unique backgrounds and experiences, who can add new dimensions to my efforts on your behalf. The firm is also politically active, much more so than any other firm I have affiliated with in the past. In the past year, TRP has hosted more than 50 events for elected officials of both political parties. Apart from traditional lobbying expertise, TRP also offers a complete suite of strategic communications services through its TRP Engage platform. While I have much to learn about these offerings, I am 100 M St. SE - Ste. 750 1 Washington D.C. 20003 1 (202) 849 -8523 1 gburns @thornrun.com excited about utilizing these tools on your behalf as an enhancement to our ongoing advocacy work. This could include developing federal agency comment writing campaigns or constituent contact advocacy to Congress, social media enhancement or management, development of infographics or more interesting one - pagers, op -ed placement, earned media efforts, policy briefings and roundtables, or a host of other en suite services. I am also excited that during this transition, I have worked with a friend and respected fellow lobbyist who specializes in representing local governments to also transition their practice to Thorn Run. Combining our work at TRP will instantly create a client base of roughly 25 local government entities and taxing districts from across the country with a broad range of interests. While I cannot describe this in more detail now, I look forward to sharing more information about my new colleague soon and how our collective advocacy will strengthen our representation of the County. Last but not least, I would be remiss if I did not mention how pleased I am that Mary Scott Hardwick decided to join me at TRP. Hands down, Mary Scott has been the best staff with whom I have ever worked during my tenure at my two previous firms. The County is better off with her continuing to represent you in Washington; I am as well. Thank you again for allowing me to work on behalf of the County. I have long prided myself on the level of service I have provided to the County as well my focus on a thorough attention to detail. I know Monroe County better than any other lobbying firm in Washington and commit to continue providing the County with the best advocacy services possible. I hope you share my enthusiasm for this transition; I truly believe it offers benefits to both Monroe County and me individually. I look forward to introducing you more formally to Thorn Run and some of my colleagues during your upcoming trip to Washington. Sincerely, 100 M St. SE - Ste. 750 1 Washington D.C. 20003 1 (202) 849 -8523 1 gburns @thornrun.com CONSENT TO ASSIGNMENT THIS AGREEMENT made and entered into this 19th day of April 2018, by and between Monroe County (hereinafter referred to as "COUNTY "), a political subdivision of the State of Florida, through the Monroe County Board of County Commissioners ( "BOCC "), whose address is 1100 Simonton Street, Key West, Florida 33040, and Van Scoyoc Associates, Inc. (hereinafter referred to as "ASSIGNOR "), and Thorn Run Partners whose address is 100 M Street, SE, Suite 750 Washington, DC 2003 hereinafter "ASSIGNEE "; WHEREAS, on October 18, 2017, the COUNTY and ASSIGNOR entered into a contract for federal legislative and lobbying services; and WHEREAS, the COUNTY received notice that Greg Burns, a former lobbyist of ASSIGNOR, joined the Thorn Run Partners firm /ASSIGNEE and COUNTY desires to have the ASSIGNEE now provide lobbying services for the COUNTY; and NOW, THEREFORE in consideration of the mutual promises and covenants of this Agreement, the parties agree as follows: 1. The ASSIGNOR assigns to ASSIGNEE all the ASSIGNOR's rights, title, and interest in the original Agreement effective March 12, 2018 and COUNTY consent to the assignment. 2. ASSIGNEE agrees to be bound by all the terms and conditions of the original agreement. 3. The remaining provisions of the agreement dated October 18, 2017, not inconsistent herewith, remain in full force and effective. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first written above in counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract. WITNESSES: ASSIGNOR: VAN SCOYOC ASSOCIATES, INC. By: Signature Signature Print Name Signature Print Name WITNESSES: Signature Consent to Assignment and Renewal of Contract BOCC April 2018 Print Name Title ASSIGNEE: THORN RUN PARTNERS By: Signature Page I of 2 Print Name Signature (SEAL) ATTEST: KEVIN MADOK, CLERK Clerk Consent to Assignment and Renewal of Contract BOCC April 2018 Print Name Title BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor /Chairman Page 2 of 2 ` ° "``• Kevin Madok CPA o �o .. Clerk of the Circuit Court & Comptroller — Monroe County, Florida ~ �E cco DATE: December 7, 2017 TO: Gabriella Gonzalez Executive Administrator FROM: Pamela G. Hanc k, C. SUBJECT: October 18th BOCC Meeting Attached is a duplicate original of Item M 10, Professional Services Agreement. with Van Scoyoc Associates, Inc. for federal lobbying services, for your handling. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File KEY WEST " MARATHON 500 Whitehead Street 3117 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 305- 294 -4641 305 - 289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305- 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305-l'- Packet Pg. 1999 PROFESSIONAL SERVICES AGREEMENT O *b(' THIS AGREEMENT made and entered into this th day of Seer 2017, by and between Monroe COUNTY (hereinafter referred to as "COUNTY "), a political subdivision of the State of Florida, through the Monroe County Board of County Commissioners (`BOCC "), whose address is 1100 Simonton, Street, Key West, Florida 33040, and Van Scoyoc Associates, Inc. (hereinafter referred to as "LOBBYIST "), a corporation authorized to do business in the State of Florida,. whose address is 101 Constitution Avenue NW, Washington DC 20001; 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 NOW, THEREFORE in consideration of the mutual promises and covenants of this Agreement, the parties agree as follows: TERM OF AGREEMENT This Agreement shall begin on October 1, 2017 and shall end on September 30, 2018, with two (2) one -year contract renewals at the sole discretion of the COUNTY. 2. SCOPE OF SERVICES The LOBBYIST's responsibility under this contract is to provide federal lobbying services to the COUNTY in accordance with Exhibit A, Scope of Services from Van Scoyoc Associate's proposal dated May 1, 2014, attached hereto and incorporated herein. The COUNTY's representatives during the performance of this Contract shall be Roman Gastesi, County Administrator (305) 292 -4441 and Lisa Tennyson, Director, Legislative Affairs, (305) 292 -4444. The LOBBYIST's representative during the performance of this Contract shall be Gregory Burns (202) 638 -1950. 3. THE CONTRACT SUM The COUNTY shall pay to the LOBBYIST, pursuant to the Florida Prompt Payment Act, upon receiving a proper invoice from the LOBBYIST for the faithful performance of said service on an arrears basis. Invoicing shall be submitted in twelve monthly installments. Documentation in support of said invoice shall describe the services rendered during the month covered by the invoice. The total Contract price shall not exceed $80,000 and is subject to annual appropriation by the Board of County Commissioners. The cost of any travel must be authorized in advance in writing by the County Administrator and shall be reimbursed pursuant to rules and regulations governing travel reimbursement and shall be in addition to the Contract price. 4. ASSIGNMENT /SUBCONTRACT Page 1 of 16 Van Scoyoc Contract BOCC October 2017 The LOBBYIST shall not assign or subcontract its obligations under this agreement except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and LOBBYIST, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference, into any assignment or subcontract and any assignee or subcontractors shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed -upon price of the services /goods of the LOBBYIST. 5. HOLD HARMLESS The LOBBYIST covenants and agrees to indemnify and hold harmless the Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by LOBBYIST or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the LOBBYIST or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the LOBBYIST's failure to purchase or maintain the required insurance, the LOBBYIST shall indemnify the COUNTY from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the LOBBYIST is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 6. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the LOBBYIST is an independent contractor and not an employee of the Board of County Commissioners for Monroe COUNTY. No statement contained in this agreement shall be construed so as to find the LOBBYIST or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 7. ASSURANCE AGAINST DISCRIMINATION COUNTY and LOBBYIST agree that there will be no discrimination against any persons, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or LOBBYIST agree to comply with all Federal and Florida Statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits Page 2 of 16 Van Scoyoc Contract BOCC October 2017 discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public health Service Act of 1912, ss. 523 and 527 (42 USC s. et seq. ), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time relating to nondiscrimination on the basis of disability; 10) Monroe COUNTY Code Ch. 13, Art. VI, prohibiting discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or State statutes which may apply to the parties to, or the subject matter of, this Agreement. 8. COMPLIANCE WITH LAW In providing all services/ goods pursuant to this agreement, the LOBBYIST shall abide by all statutes; ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written note of termination to the LOBBYIST. The LOBBYIST shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 9. INSURANCE LOBBYIST shall provide documentation of insurance coverage required for those individuals or firms that perform work for or on behalf of the COUNTY, as specified in the Monroe County Risk Management Policy and Procedures Manual as follows: A) General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: • $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: Page 3 of 16 Van Scoyoc Contract BOCC October 2017 • $100,000 per Person • $300,000 per Occurrence • $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provision should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the COUNTY. The Monroe COUNTY Board of COUNTY Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. (B) Recognizing that the work governed by this contract requires the use of vehicles, the LOBBYIST, prior to the commencement of work shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non -Owned and Hired Vehicles The minimum limits acceptable shall be: • $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: • $ 200,000 per Person • $300,000 per Occurrence • $ 200,000 Property Damage The Monroe COUNTY Board of COUNTY Commissioners shall be named as additional Insured on all policies issued to satisfy the above requirements. (C) Prior to the commencement of work governed by this contract, the LOBBYIST shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the LOBBYIST shall obtain Employers' Liability Insurance with limits of not less than: • $100,000 Bodily Injury by Accident • $500,000 Bodily Injury by Disease, policy limits • 100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida. Page 4 of 16 Van Scoyoc Contract BOCC October 2017 If the LOBBYIST has been approved by the Florida Department of Labor, as an authorized self - insurer, the COUNTY shall recognize and honor the LOBBYIST's status. The LOBBYIST may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the LOBBYIST's Excess Insurance Program. If the LOBBYIST participates in a self - insurance fund, a Certificate of Insurance will be required. In addition, the LOBBYIST may be required to submit updated financial statements from the fund upon request from the COUNTY. 10. FUNDING AVAILABILITY In the event that funds are partially reduced or cannot be continued at a level sufficient to allow for the provision of the services /goods specified herein, this agreement may then be terminated immediately at the option of the Board of County Commissioners by written notice of termination delivered in person or by mail to the LOBBYIST. The Board shall not be obligated to pay for any services provided by the LOBBYIST after the LOBBYIST has received written notice of termination. Monroe County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the BOCC. 11. PROFESSIONAL RESPONSIBILITY The LOBBYIST warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in these contract documents. The LOBBYIST shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. 12. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, return receipt requested, to the following: FOR COUNTY COUNTY Administrator And COUNTY Attorney 1100 Simonton Street 1111 12 Street, Suite 408 Key West, Florida 33040 Key West, Florida 33040 FOR LOBBYIST Gregory Burns, Van Scoyoc Associates 101 Constitution Avenue, NW Washington, DC 20001 Page 5 of 16 Van Scoyoc Contract BOCC October 2017 13. EARLY TERMINATION A) In the event that the LOBBYIST shall be found to be negligent in any aspect of completion of the Scope of Work, the COUNTY shall have the right to terminate this Agreement after five days written notification to the LOBBYIST. B) Either of the parties hereto may cancel this agreement without cause by giving the other party thirty days written notice of its intention to do so. 14. GOVERNMENT LAWSNENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of the Agreement, the COUNTY and LOBBYIST agree that venue will lie in the appropriate Court or before the appropriate administrative body in Monroe COUNTY, Florida. The COUNTY and LOBBYIST agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 15. RECORDKEEPING LOBBYIST shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each part to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to LOBBYIST pursuant to this Agreement were spent for purposes not authorized by this Agreement, the LOBBYIST shall repay the monies together with interest calculated pursuant to Sec. 55.03, F.S. running from the date the monies were paid to LOBBYIST. 16. 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 be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and LOBBYIST agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Page 6 of 16 Van Scoyoc Contract BOCC October 2017 17. ATTORNEY'S FEES AND COSTS The COUNTY and LOBBYIST agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, court costs, investigative and out -of- pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. 18. BINDING EFFECT The terms, covenants, conditions and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and LOBBYIST and their respective legal representatives, successors and assigns. 19. AUTHORITY Each party represents and warrants 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. 20. CLAIMS FOR FEDERAL OR STATE AID LOBBYIST and COUNTY agree that each shall be, and is empowered to apply for, seek, and obtain Federal and State funds to further the purpose of this Agreement provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 21. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and LOBBYIST agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 22. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and LOBBYIST agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and LOBBYIST specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Page 7 of 16 Van Scoyoc Contract BOCC October 2017 23. COVENANT OF NO INTEREST COUNTY and LOBBYIST covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. 24. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 25. NO SOLICITATION /PAYMENT The COUNTY and LOBBYIST warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the LOBBYIST agrees that the COUNTY shall have the right to terminate this Agreement without liability, and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 26. 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: Page 8 of 16 Van Scoyoc Contract BOCC October 2017 (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 by law. (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 a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under sectionl 19.10, Florida Statutes. 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 provided by law. 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 Page 9 of 16 Van Scoyoc Contract BOCC October 2017 OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 -292- 3470 BRADLEY - BRIAN @MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 27. NON - WIAVER OF IMMUNITY Notwithstanding the provision of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the LOBBYIST in this Agreement and the acquisition of any commercial liability insurance coverage, self - insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 28. PRIVILEGES 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 respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by a participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, State Statutes, and case law. 30. NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the LOBBYIST agree that neither the COUNTY nor the LOBBYIST or any agent, officer, or employee of either shall have the authority to inform, counsel or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. ATTESTATIONS LOBBYIST agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Page 10 of 16 Van Scoyoc Contract BOCC October 2017 32. 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. LOBBYIST 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. 32.1No 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' 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 as an 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 LOBBYISTY to remain mindful of the County policy and fiscal interests and positions vis -a -vis other clients. 32.2 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. Page 11 of 16 Van Scoyoc Contract BOCC October 2017 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. 33. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of 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 or accountability by reason of the execution of this Agreement. 34. EXECUTION ON COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 35. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first written above at four (4) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract. WITNESSES: A L w. Signatur �rd m LCf1�?��1c�� Print Name SignatfTre R6ss fe-YL -e: Print Name (SEAL) ATTEST: KEVIN MADOK, CLERK Van Scoyoc Contract BOCC October 2017 VAN SC SSO RTES, INC. By 1 Signature 1 V . ,S �J trA U G, 'r-" Print Name One sl dC.'k Title BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Page 12 of 16 o By: Clerk 'Mayor/Chairman MONROE COUM F:y ATTORN A;PPCR -1� , _ FORM: R Ro 0 RT 8,8H WER, JR. 2" M II I � M A C,Drn C") Page 13 of 16 Van Scoyoc Contract BOCC October 2017 rn C-) C:7 CD 04 00 CD CD; 0 0 E 0 Page 13 of 16 Van Scoyoc Contract BOCC October 2017 rn C-) C:7 0 w - E CD; 0 E Page 13 of 16 Van Scoyoc Contract BOCC October 2017 EXHIBIT A SCOPE OF SERVICES (FROM FEDERAL LEGISLATIVE SERVICES RFQ DATED MARCH 2014) PART 7: Scope of Services The successful firm will provide legislative and lobbying services at the federal level to assist Monroe COUNTY in developing and implementing a Federal Legislative Program; will have a keen understanding of Monroe COUNTY's priorities, policy objectives, and project funding needs; shall pro - actively identify and seek legislative and administrative remedies and /or appropriations to advance the COUNTY's priorities, policy objective and project funding needs. The successful firm will be expected to handle a range of activities including, but not limited to: A. Meet with COUNTY staff (COUNTY Administrator, COUNTY Attorney, Legislative Director, and other relevant staff as needed) and the Board of COUNTY Commission to develop a detailed Federal Legislative Program. Work closely with COUNTY staff to identify the COUNTY's goals, priorities and specific projects, and which of these can be addressed at the federal level, and assist in developing written material on each priority and project in'the COUNTY's Federal Legislative Program to provide to congressional staff and federal agency staff. B. Monitor current federal legislation, federal budget process, federal agency actions legislative committee meetings, executive branch activity, agency hearings and meetings prior to and during the regular session, and pro - actively report to the COUNTY, both verbally and in writing, any new information or legislative events that may directly or indirectly impact the COUNTY; and in the event that action is needs, advise the COUNTY. C. Propose and implement lobbying strategies to help support the COUNTY's federal agenda. D. Develop and evaluate strategy for the support, opposition, or amendment of pending legislation that enhances the COUNTY's federal legislative program. E. Identify key Congressional and federal agency contacts relating to specific COUNTY issues; draft appropriate correspondence; and schedule briefings and meetings between COUNTY officials and Congressional leaders, executive branch representatives, and agency representatives. F. Coordinate with COUNTY's Congressional delegation in gaining support for the COUNTY's federal agenda. G. Advocate with Congressional members, congressional committees, executive branch, and federal agencies in support of the COUNTY's goals, priorities, and projects. Page 14 of 16 Van Scoyoc Contract BOCC October 2017 H. Represent the COUNTY and the Board before Congress and federal agencies. I. Work closely with COUNTY staff in researching current issues and providing background information. J. Provide technical assistance and guidance to staff on correspondence and reports. K. Review the legislative policy statements adopted by the Florida Association of Counties and the National Association of Counties and other local governments and lobbying groups for the purpose of identifying issues which may either positively or negatively affect the COUNTY. L. Provide written monthly activity reports and periodic updates on advocacy activity, pending legislation, briefings /meetings, and on issues of interest or concern to the COUNTY. Reports must contain, when possible, specific legislation, names of contacts made, and the COUNTY's legislative priority it relates to, as well as any foreseeable legislation or rulings that may affect the COUNTY. M. Provide a written report that summarizes the status of the COUNTY's federal legislative program within one week of the closing of the session, and a more detailed final written report on specific legislation and new requirements affecting the COUNTY within 30 days from close of session. N. Secure funding for programs and projects which have been identified by the COUNTY as priorities; research and provide information on existing and new appropriations activities, availability of funding, distribution of funding, year -end rollover funding, techniques to be used by COUNTY to capitalize on opportunities, and examples of successful local government applications; identify agencies or local governments which may be competing for specific grants or appropriations, and help align support for the COUNTY's position. O. Be available for regular calls, meetings with COUNTY staff in Washington, DC as needed, and an annual presentation to the Board in Monroe COUNTY, Florida. P. Provide office space for COUNTY staff to use when they are in Washington, DC. Page 15 of 16 Van Scoyoc Contract BOCC October 2017 Van Scoyoc Contract BOCC October 2017 Page 16 of 16 F DATE (MMIDOr'r ) ACORO� CERTIFICATE OF LIABILITY INSURANCE 6/20/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI, CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIEI BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEI REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject tt the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to th certificate holder in lieu of such endor sement(s). PRODUCER CONTACT NAME Karen Everhart Independent Insurance Center PH Ne.Extl; ( 777 -7774 rpm N ( 707)777-7156 19465 Deerfield Ave. E- A b M D " R ' L SSS: kaverhart@iicfiremark.com Suite 210 INSURERS AFFORDING COVERAGE NAIC# Lansdowne VA 20176 rNSURERA:Travelers Ins CO INSURED INSURER B : Van Scoyoc Associates, Inc INSURERC• 1201 Maryland Avenue SW INSURER D suite 860 INSIIRFf7 F )Washington DC 20024 ! INSURER F: I COVERAGES CERTIFICATE NUMBER :CL1762002291 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 'BELOW I IAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE, AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. P MIOD Y L T TYPE OF INSURANCE P POLICY NUMBER I I P MMfDDIY YY O OMITS X C COMMERCIAL GENERAL LIABILITY E EACH OCCURRENCE $ $ 1; 000, ( A C CLAIMS -MADE Ez OCCUR P PREMISS Me ooaurence $ $ 300,( MEDEXP( one person) $ $ 10,( X 6 63OBB349167 7 7/112017 7 7/1/2018 M PERSONAL 8 ADVINJURY S S 1,000,C GEN'L AGGREGATE LIMIT APPLIES PER: G GENERAL AGGREGATE $ $ 2 , 000, I X POLICY EC LOC 2 PRODUCTS- COMPlOPAGG S 2,000,( TE Monroe County 1100 Simonton Street Key West, EZ 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE David Grant /KEE 0 1988 -2014 ACORD CORPORATIO ' ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Packet Pg. 2016 INS025tomm)