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Agenda 09/26/2017 Item #11D09/26/2017 EXECUTIVE SUMMARY Recommendation to select a State lobbying firm per RFP #17-7186 to represent the Board of County Commissioners at the State Capitol in Tallahassee. ______________________________________________________________________________ OBJECTIVE: To retain a State lobbying firm (lobbyist) to provide lobbying services on behalf of the Board of County Commissioners (Board) and the citizens of Collier County. CONSIDERATION: The lobbyist selected by the Board will work in conjunction with our Government Affairs Manager to monitor the actions of the legislative and executive branches of State government, work proactively to protect local interests, and advance the legislative and project funding agenda of the Board. The Procurement Services Division issued RFP #17-7186, “State Lobbying Services,” on July 21, 2017. Email notices were sent to 156 lobbying firms; 31 solicitation packets were downloaded; and 9 firms submitted proposals by the deadline of August 21, 2017. In accordance with the County Procurement Ordinance, a selection committee was appointed to score and reduce the list to 3 finalists to be invited to give oral presentations to the Board: Proposers Florida Office Buchanan Ingersoll & Rooney PC Fort Myers Capital City Consulting, LLC Ta llahassee Smith, Bryan & Myers, Inc. Tallahassee The selected lobbyist contract will then be negotiated by staff for an October 1 start date. This year, the State Legislature convenes, at noon, on January 9, 2018, and concludes its Regular Session on March 9. FISCAL IMPACT: This executive summary has a contractual fiscal impact not to exceed $80,000. GROWTH MANAGEMENT IMPACT: This executive summary has no immediate growth management impact. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners selects a lobbyist, per RFP #17-7186, and authorizes the Chair to sign a contract for State Lobbying Services after final review by the County Attorney. 11.D Packet Pg. 344 09/26/2017 Prepared by: John Mullins, Government Affairs Manager ATTACHMENT(S) 1. 1_State_Lobbing_Svcs_Solicitation (PDF) 2. 2_Buchanan_Proposal (PDF) 3. 3_Capital_City_Proposal (PDF) 4. 4_Smith_Bryan_&_Myers_Proposal (PDF) 5. 5_Summary_of_Proposers (PDF) 6. 6_Agreement_Draft (PDF) 11.D Packet Pg. 345 09/26/2017 COLLIER COUNTY Board of County Commissioners Item Number: 11.D Doc ID: 3742 Item Summary: ***This item to be heard at 11:15 a.m.*** Recommendation to select a State lobbying firm per RFP #17-7186 to represent the Board of County Commissioners at the State Capitol in Tallahassee. (John Mullins, Government Affairs Manager) Meeting Date: 09/26/2017 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 09/05/2017 8:38 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 09/05/2017 8:38 PM Approved By: Review: Budget and Management Office Mark Isackson Additional Reviewer Completed 09/06/2017 3:53 PM Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 09/05/2017 8:36 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/06/2017 4:37 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/06/2017 4:38 PM Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM 11.D Packet Pg. 346 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR State Lobbying Services SOLICITATION NO.: 17-7186 BRENDA BRILHART, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8446 brendabrilhart@colliergov.net (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 11.D.1 Packet Pg. 347 Attachment: 1_State_Lobbing_Svcs_Solicitation (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) RFP 17-7186 State Lobbying Service 2 TABLE OF CONTENTS ITEM DESCRIPTION ........................................................................................................................................................ 1.0 Introduction 2.0 Background 3.0 Term of Contract 4.0 Request for Proposal (RFP) Process 5.0 Grading Criteria for Development of Shortlist Instruction to Proposers 6.0 Questions 7.0 Pre-Proposal Conference 8.0 Compliance with RFP 9.0 Ambiguity, Conflict, or Other Errors in the RFP 10.0 Proposals, Presentations, and Protest Costs 11.0 Validity of Proposals 12.0 Method of Source Selection 13.0 Evaluation of Proposals 14.0 References 15.0 Reserved Rights 16.0 Collier County Purchase Order Terms and Conditions Additional Terms and Conditions for RFP 17.0 Insurance and Bonding Requirements 18.0 Additional items and/or Service 19.0 County’s Right to Inspect 20.0 Vendor Performance Evaluation 21.0 Additional Terms and Conditions of Contract 22.0 Public Records Compliance 23.0 Work Orders on Fixed Term Contracts 24.0 Payment Method 25.0 Environmental Health and Safety 26.0 Licenses 27.0 Survivability 28.0 Principal/Collusion 29.0 Relation of County 30.0 Termination 31.0 Lobbying 32.0 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) 33.0 Single Proposal 34.0 Protest Procedures 35.0 Public Entity Crime 36.0 Security and Background Checks 37.0 Conflict of Interest 38.0 Prohibition of Gifts to County Employees 39.0 Immigration law Affidavit Certification Attachments Attachment A – Scope of Services Attachment B – Required RFP Forms 11.D.1 Packet Pg. 348 Attachment: 1_State_Lobbing_Svcs_Solicitation (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) RFP 17-7186 State Lobbying Service 3 FOR QUALIFICATIONS SUBMITTAL SOLICITATION POSTED: July 21, 2017 REQUEST FOR PROPOSAL (RFP) NUMBER: 17-7186 PROJECT TITLE: State Lobbying Services PRE-PROPOSAL CONFERENCE: N/A PROPOSAL OPENING DAY/DATE/TIME: August 21, 2017 3:00 PM PLACE OF PROPOSAL OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 1.0 INTRODUCTION As requested by the Corporate Business Operations (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Request for P roposal (hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Historically, County departments have spent approximately $80,000 annually; however, this may not be indicative of future buying patterns. 2.0 BACKGROUND These services are needed to provide lobbying services on behalf of the Board of County Commissioners and the Collier County community in Tallahassee where they advocate positions of the county, monitor actions of the State of Florida Governor and Legislature, as well as other state agencies. 3.0 TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for three (3) years with two one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 4.0 REQUEST FOR PROPOSAL (RFP) PROCESS 4.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Section 5.0 Grading Criteria for Development of Shortlist, which will be the basis for short-listing no less than three (3) firms. The Proposers will need to meet the minimum requirements outlined herein in or der for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then grade and rank to at least the top three short-listed firms and enter into negotiations with the top ranked firm to establish cost for the services needed. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and scope of services and submitted for approval by the Board of County Commissioners. 4.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process. 4.3 The intent of the scoring of the qualifications proposal is for respondents to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 4.4 Based upon a review of these qualification proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 4.5 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top-ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. 11.D.1 Packet Pg. 349 Attachment: 1_State_Lobbing_Svcs_Solicitation (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) RFP 17-7186 State Lobbying Service 4 5.0 GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST: 5.1 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY’S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter / Management Summary 5 Points 2. Certified Minority Business Enterprise 5 Points 3. Business Plan 20 Points 4. Cost of Services to the County 20 Points 5. Experience and Capacity of the Firm 20 Points 6. Specialized Expertise of Team Members 20 Points 7. Local Vendor Preference 10 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty -four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County’s financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process. In the event a tie still exists, selection will be determined based on random selection by the Procureme nt Services Director before at least three (3) witnesses. ----------------------------------------------------------------------------------------------------------------------------------------------- Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available/1Page Limitation) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise EVALUATION CRITERIA NO. 3: BUSINESS PLAN (20 Total Points Available/5 Page Limitation) In this tab, include but not limited to:  Provide information that briefly states the proposer understands the work to be done.  Provide a statement addressing why the firm believes it is the best qualified to perform the work.  Provide and an affirmative indication that the firm and all assigned professional staff posses all licenses registration and certifications required to provide the requested services in the State of Florida and Collier County. EVALUATION CRITERIA NO. 4: COST OF SERVICES TO THE COUNTY (20 Total Points Available/5 Page Limitation)) In this tab, include but not limited to:  Compensation shall be inclusive of all costs. Payment shall be full compensation for all services, labor, tools, equipment, travel and any other items required for completion of services.  Provide proposed annual not to exceed fee paid monthly. EVALUATION CRITERIA NO. 5: EXPERIENCE AND CAPACITY OF THE FIRM (20 Total Points Available/20 Page Limitation) In this tab, include but not limited to: Provide information that documents your firm’s number of years of experience in providing the required services and the total number of employees of the firm including the number of staff in the local office. 11.D.1 Packet Pg. 350 Attachment: 1_State_Lobbing_Svcs_Solicitation (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) RFP 17-7186 State Lobbying Service 5  Provide a list of government and private clients your firm has on contract for the past five (5) years, with a description of any potential conflicts of interest between the County and your firm’s other clients.  Provide brief descriptions of your firm’s accomplishments.  Provide a description of all business related claims, ar bitrations, administrative hearings, and lawsuits that are pending or were filed during the last three (3) years by or against the firm or its members, predecessor organizations(s), or any wholly owned subsidiary (including but not limited to those claims, arbitrations, administrative hearings and lawsuits that allege negligence, error, or omission, default, termination, suspension, failure to perform, or improper performance contract or legal duty. The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed references from clients whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using form provided in Attachment B – Form 8. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides th e information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 6: SPECIALIZED EXPERTISE OF TEAM MEMBERS (20 Total Points Available/10 Page Limitation) In this tab, include but not limited to: • Description of the proposed contract team and the role to be played by each member of the team. • Attach brief resumes/bios of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific s ervices. • Attach brief bios of any sub-consultants and attach letters of intent from stated sub-vendors must be included with proposal submission. EVALUATION CRITERIA NO. 7: LOCAL VENDOR PREFERENCE (10 Total Points Available) Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector for at least one year prior to proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier or Lee Counties from which the vendor’s staff operates and performs business in an area zoned for the conduct of such business. INSTRUCTIONS TO PROPOSERS 6.0 QUESTIONS 6.1 Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. 6.2 Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 7.0 PRE-PROPOSAL CONFERENCE 7.1 The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the R FP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. 7.2 All prospective vendors are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Vendors must be present in order to submit a proposal response. 8.0 COMPLIANCE WITH THE RFP 8.1 Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFS may result in disqualification. 9.0 AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFP 9.1 It is the sole responsibility of the vendor if they discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Professional will make 11.D.1 Packet Pg. 351 Attachment: 1_State_Lobbing_Svcs_Solicitation (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) RFP 17-7186 State Lobbying Service 6 modifications by issuing a written revision and will give written notice to all part ies who have received this RFP from the Procurement Services Division. 10.0 PROPOSALS, PRESENTATIONS, AND PROTEST COSTS 10.1 The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 11.0 VALIDITY OF PROPOSALS 11.1 No proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 12.0 METHOD OF SOURCE SELECTION 12.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08, establishing and adopting the Collier County Procurement Ordinance. 12.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. 13.0 EVALUATION OF PROPOSALS 13.1 The County’s procedure for selecting is as follows: 13.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted. 13.1.2 The Request for Proposal is issued. 13.1.3 Subsequent to the receipt closing date for the proposals, the Procurement Professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP. 13.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division. 13.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publically announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be publicly posted with at least one (1) day advanced notice. 13.1.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 13.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment. 13.1.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, a nd/or additional credit information. 13.1.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination if oral presentations are needed and which firms will be invited to give oral presentations by short listing the proposals submitted. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking. 13.1.10 The selection committee’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final consensus, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will create a final ranking and staff will subsequently enter into negotiations. 13.2 The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting 11.D.1 Packet Pg. 352 Attachment: 1_State_Lobbing_Svcs_Solicitation (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) RFP 17-7186 State Lobbying Service 7 supplemental proposal information. 13.3 Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner. 13.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals. 14.0 REFERENCES 14.1 The County reserves the right to contact any and all references submitted as a result of this solicitation. 15.0 RESERVED RIGHTS 15.1 Collier County reserves the right in any solicitation to accept or reject any or all bids, proposals or offers; to waive mino r irregularities and technicalities; or to request resubmission. Also, Collier Cou nty reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and cond itions in the sole interest of the County unless otherwise provided by law. END OF INSTRUCTIONS TO PROPOSERS PURCHASE ORDER “TERMS AND CONDITIONS 16.1 Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 16.2 Acceptance and Confirmation 16.2.1 This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. 16.2.2 No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 16.3 Inspection 16.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. 16.3.2 To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non conforming or ot herwise rejected by the COUNTY. 16.4 Shipping and Invoices 16.4.1 a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold here under shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 16.4.2 b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the fu ll amount of invoice. 16.4.3 c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping 11.D.1 Packet Pg. 353 Attachment: 1_State_Lobbing_Svcs_Solicitation (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) RFP 17-7186 State Lobbying Service 8 container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. 16.4.4 d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 16.5 Time Is Of the Essence 16.5.1 Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications. 16.6 Changes 16.6.1 The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 16.7 Warranties 16.7.1 VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third p arty. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 16.8 Statutory Conformity 16.8.1 Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 16.9 Advertising 16.9.1 No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 16.10 Indemnification 16.10.1 VENDOR shall defend, indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 16.11 Warranty of Non Infringement 16.11.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. 16.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including b ut not limited to attorneys' fees, which arise from any claim, 11.D.1 Packet Pg. 354 Attachment: 1_State_Lobbing_Svcs_Solicitation (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) RFP 17-7186 State Lobbying Service 9 suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). 16.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 16.12 Insurance Requirements 16.12.1 The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 16.13 Compliance with Laws 16.13.1 In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non- exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 16.14 Force Majeure 16.14.1 Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 16.15 Assignment 16.15.1 VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16.16 Taxes 16.16.1 Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 16.17 Annual Appropriations 16.17.1 The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 16.18 Termination 16.18.1 This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 16.19 General 16.19.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida 16.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. 11.D.1 Packet Pg. 355 Attachment: 1_State_Lobbing_Svcs_Solicitation (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) RFP 17-7186 State Lobbying Service 10 16.19.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will b e deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. 16.19.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. 16.19.5 e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Ter ms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. ADDITIONAL TERMS AND CONDITIONS FOR RFP 17.0 INSURANCE AND BONDING REQUIREMENTS 17.1 The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 17.2 The County and the Vendor waive against each other and the County’s separate Vendors, Contractors, Design Vendor, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Vendors, Design Vendors and Subcontractors and shall require each of them to include similar waivers in their contracts. 17.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 17.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” 17.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. 17.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of In surance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 17.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self - insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Vendor’s sole responsibility. 17.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. 17.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such 11.D.1 Packet Pg. 356 Attachment: 1_State_Lobbing_Svcs_Solicitation (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) RFP 17-7186 State Lobbying Service 11 coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The deci sion of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 17.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18.0 ADDITIONAL ITEMS AND/OR SERVICES 18.1 Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 19.0 COUNTY’S RIGHT TO INSPECT 19.1 The County or its authorized Agent shall have the right to inspect the Vendor’s facilities/project site during and after each work assignment the Vendor is performing. 20.0 VENDOR PERFORMANCE EVALUATION 20.1 The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 21.0 ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 21.1 The selected Vendor shall be required to sign a standard Collier County contract. 21.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager . 21.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 21.4 The County’s project manager shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 22.0 PUBLIC RECORDS COMPLIANCE 22.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: Keep and maintain public records required by the public agency to perform the service. Upon request from the public agency’s custodian of public records, provide the public agency 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. Ensure that public records that are exempt or confidential and exempt from public records disclosure 11.D.1 Packet Pg. 357 Attachment: 1_State_Lobbing_Svcs_Solicitation (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) RFP 17-7186 State Lobbying Service 12 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 public agency. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public reco rds required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exe mpt 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 public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 23.0 WORK ORDERS ON FIXED TERM CONTRACTS 23.1 The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. 23.2 Agreements issued that are determined to be “CONTINUING CONTRACTS” where services will be requested by Work Orders in excess of $200,000 shall be approved by the Board of County Commissioners. 23.3 Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project. 24.0 PAYMENT METHOD 24.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include: 24.1.1 Purchase Order Number 24.1.2 Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk’s Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk@collierclerk.com 24.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 24.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 24.4 Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not per formed or for unsatisfactory performance of Contractual requirements. 25.0 ENVIRONMENTAL HEALTH AND SAFETY 25.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or da mage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 25.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or 11.D.1 Packet Pg. 358 Attachment: 1_State_Lobbing_Svcs_Solicitation (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) RFP 17-7186 State Lobbying Service 13 right-of-way for the purpose of inspection of any Vendor’s work operations. This provision is non-negotiable by any department and/or Vendor. 25.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 25.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 26.0 LICENSES 26.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract document s. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. 26.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain “active” in Collier County. 26.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252 -2477. 27.0 SURVIVABILITY 27.1The Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicit ation 17-7186 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 28.0 PRINCIPAL/COLLUSION 28.1 By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 29.0 RELATION OF COUNTY 29.1 It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 30.0 TERMINATION 30.1 Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance. 31.0 LOBBYING 31.1 After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty-eight of County Ordinance 2017-08. 32.0 CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL Statute 607.1501) 32.1 In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority 11.D.1 Packet Pg. 359 Attachment: 1_State_Lobbing_Svcs_Solicitation (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) RFP 17-7186 State Lobbying Service 14 (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 33.0 SINGLE PROPOSAL 33.1 Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-vendor to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-vendor to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 34.0 PROTEST PROCEDURES 34.1 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting part y shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine wheth er postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's de cision. 34.2 Any actual bidder or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 34.3 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5 ) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 34.4 Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017 -08. The protesting party must have standing as defined by established Florida c ase law to maintain a protest. 35.0 PUBLIC ENTITY CRIME 35.1 A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of bei ng placed on the convicted Vendor list. 36.0 SECURITY AND BACKGROUND CHECKS 36.1 The Contractor is required to comply with County Ordinance 2004 -52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to main tain records on each employee and make them available to the County for at least four (4) years. 36.2 All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business. 36.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e -mail (DL- 11.D.1 Packet Pg. 360 Attachment: 1_State_Lobbing_Svcs_Solicitation (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) RFP 17-7186 State Lobbying Service 15 FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 36.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 37.0 CONFLICT OF INTEREST 37.1 Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a fir m from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 38.0 PROHIBITION OF GIFTS TO COUNTY EMPLOYEES 38.1 No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision m ay result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 39.0 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 39.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 39.2 The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligib ility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including Request for Professional Services (RFP) and construction services. 39.3 Exceptions to the program: 39.3.1 Commodity based procurement where no services are provided. 39.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 39.4 Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of thei r enrollment, at the time of the submission of the Vendor’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E -Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing the acceptable E-Verify evidence and the executed affidavit the bidder’s / Vendor’s proposal may be deemed non-responsive. 39.5 Additionally, Vendors shall require all subcontracted Vendors to use the E-Verify system for all purchases not covered under the “Exceptions to the program” clause above. 39.6 For additional information regarding the Employment Eligibility Verification System (E -Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Vendor’s responsibility to familiarize themselves with all rules and regulations governing this program. 39.7 Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the la ws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. END OF ADDITIONAL TERMS AND CONDITIONS FOR RFP 11.D.1 Packet Pg. 361 Attachment: 1_State_Lobbing_Svcs_Solicitation (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) August 21, 201 7 RESPONSE TO SOLICITATION NO.: 1 7 -7186 Collier County Board of County Commissioners Request for Proposal (RFP) for State Lobbying Services PREPARED FOR Brenda Brilhart, Procurement Strategist Collier County, Procurement Services Division 3295 Tamiami Trail East, Building C-2 Naples, FL 34112 T 239 252 8446 | brendabrilhart@colliergov.net AUTHORIZED CONTACT PERSON J. Keith Arnold, Ph.D., Sr. Principal – Government Relations Buchanan Ingersoll & Rooney PC 101 Monroe Street, Suite 1090 Tallahassee, FL 32301 T 850 681 0411 | keith.arnold@bipc.com 11.D.2 Packet Pg. 362 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) TABLE OF CONTENTS Cover Letter / Management Summary .......................................................................................................................1 Certified Minority Business Enterprise ........................................................................................................................3 Business Plan .............................................................................................................................................................4 Cost of Services to the County ...................................................................................................................................7 Experience and Capacity of the Firm .........................................................................................................................8 Specialized Expertise of Team Members ................................................................................................................ 23 Local Vendor Preference ......................................................................................................................................... 33 Appendix 1 - Required Licenses and Addenda ....................................................................................................... 34 Appendix 2 - Addenda ............................................................................................................................................. 64 Required Vendor Forms have been completed and uploaded as a separate attachment. 11.D.2 Packet Pg. 363 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 11.D.2 Packet Pg. 364 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 11.D.2 Packet Pg. 365 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) CERTIFIED MINORITY BUSINESS ENTERPRISE │ 3 CERTIFIED MINORITY BUSINESS ENTERPRISE While Buchanan is not a Certified Minority Business Enterprise, we are willing and welcome the opportunity to participate in MWBE partnering or mentoring arrangements and will work with the County as necessary to engage Minority Business Enterprise firms should the performance of the contract require. 11.D.2 Packet Pg. 366 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) BUSINESS PLAN │ 4 BUSINESS PLAN Understanding of Scope and Firm Differentiators Our understanding of the work to be performed on behalf of Collier County is predicated on over sixty (60) years combined experience representing local governments in Florida. In what is almost a yearly battle, unfunded mandates, preemption of home rule, and recovering from the Great Recession have reduced local government revenue sources. Our role, among others, representing the County, will include working closely with local government proponents through the Florida Association for Intergovernmental Relations (FAIR) to educate state legislators and staff on the negative public policy ramifications of unfunded mandates, local preemptions, and cost shifts to local governments. Our team has extensive relationships with legislators, executive officials, and agency heads developed from decades of public service and consulting experience. We are especially suited to cultivate these relationships for Collier County. Buchanan personnel have also developed exstens ive relationships with professional legislative committee staff, who have become increasingly relied upon as policy experts due to the term limits and transitions of elected officials. Our team’s history and perspective provide a credibility that is often relied upon by participants in the legislative process, including members of the Legislature, legislative staff, and executive agency personnel. This unique role allows us to provide the County with timely and relevant insight concerning the political landscape in Tallahassee and statewide by raising significant issues to consider when developing a legislative agenda and priorities. We then are able to assist the County in facilitating meetings and discussions between the County Commissioners and key staff, the Collier County Legislative Delegation, House and Senate Presiding Officers, House and Senate Members, Legislative Staff, Executive Staff, and State Agencies, as necessary. Buchanan’s Work with the County Buchanan personnel have had the privilege of representing Collier County for the past twelve years before the state legislative and executive branches of government and over that time we have become profoundly familiar with the legislative goals and priorities of the County. We have worked with the County to tackle issues including but not limited to: human trafficking, regulation of oil and gas resources, public safety issues, finance and tax, vulnerable motorists, numerous special appropriations, growth management, environmental regulation, infrastructure, beach re-nourishment, and transportation infrastructure. Working with Collier County leadership and the legislative delegation, Buchanan has facilitated numerous legislative victories in issue areas important to the County. Our longstanding relationship and familiarity with County management and staff, makes us well positioned to provide lobbying services on behalf of the County. Throughout our years of service, our personnel have had the opportunity to routinely work closely with and enjoy positive working relationships with The Florida Association of Counties, Florida League of Cities, Florida Public Transportation Association, Florida Shore and Beach Preservation Association, various state agencies, and other stakeholder groups. 11.D.2 Packet Pg. 367 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) BUSINESS PLAN │ 5 Budget and Funding Maximizing funding resources for the County will be a priority task if Buchanan is selected to provide state lobbying services. By proactively searching for funding opportunities , our personnel will advise and assist in the preparation of any documents necessary to qualify for such funding. Our team has a breadth of experience preparing, submitting, and implementing special projects. We will also assist the County in determining funding options through the state budget process and will track each item through the budget process. We will also assist the County in advocating for full funding at the committee level through budget conference and write proviso language as needed to implement budget projects. After funding has been appropriated by the Legislature, our team will assist the County in discussions on the merits of each project with Governor’s Office budget staff and work to promote passage into law. Communication Effective and responsive communication between a client and consultant is often the foundation for implementing successful legislative outcomes. Our team’s organizational structure is designed to provide responsive communication through the meticulous coordination of activities and distribution of information. Under Project Manager Keith Arnold’s guidance, the Buchanan team will work closely with the County legislative director to review and monitor legislation of interest and provide reports to advise on the status of proposed legislation, amendments, budget requests and other issues of concern. With the multitude of complex issues of importance to local governments, we understand timely communications are necessary to effectively implement the County’s legislative program. Through our in-house graphics, document preparation, and printing facility, Buchanan is also capable of preparing any necessary illustrations, charts, graphic presentations and other information of use when representing the County in public forums. Our team will provide the County with bill texts, summaries, and analyses of bills introduced by the House and Senate relating to local government issues. Legislation will be monitored closely from the date of introduction through final legislative and gubernatorial action utilizing Lobbytools, a comprehensive bill tracking and information system . Reports during session can be generated electronically at any time to provide the most up-to- date information on the status of pending legislation, hearing schedules, and filed amendments, providing the County with the latest legislative information available. Keith Arnold will communicate legislative developments and activities electronically and verbally to and from a single point of contact identified by the County. Team members are available to participate in weekly conference calls during session for the purpose of providing verbal updates on the latest legislative developments, including benchmarks and priorities established by the County through the development of a state legislative agenda. In addition, during the legislative session, weekly electronic newsletters are published by our team outlining the progress of County’s agenda in the legislative process. We will provide the County with weekly reports during session, analyzing filed legislation and amendments related to priority issues. If time sensitive, our team can relay developments to the County’s point of contact on an as-needed basis during session. Monthly electronic newsletters will be provided during the interim periods. A final legislative summary will be prepared and presented to the Collier County Board of Commissioners at the end of each regular session outlining outcomes of legislative priorities and other relevant legislation. A legislative “scorecard” will be included in the summary outlining the outcome for each legislative priority. 11.D.2 Packet Pg. 368 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) BUSINESS PLAN │ 6 January - February March - May June - August September - December Tallahassee “Legislative Days” and Community/Charitable Events Buchanan will assist the County in planning and coordinating County visits to Tallahassee for “Legislative Days” which will include scheduling meetings with legislative leaders, policy makers, and professional staff. County participation in the legislative process is a vital component to ultimate success of priority issues. Our firm also participates in local social, charitable, and community events, providing opportunities to facilitate relationship building between County and state officials. In addition, Buchanan is active in political campaigns. These activities allow our consultants to maintain relationships with legislative leadership and develop relationships with newly elected members, which have become increasingly important since the onset of term limits. Below is a typical timeline demonstrating our approach for legislative activities in a given year: All assigned professional Buchanan staff possess all necessary licenses, registrations and certifications required to provide the requested services in the State of Florida and Collier County.  Attend interim legislative committee meetings  Monitor and flag bills introduced pre- session  Review Governor’s proposed budget  Identify sponsors for proposed legislation  Monitor deadlines for filing bills  Identify bills important to the County  Provide pre-session overviews  Obtain interim project reports  Session convenes  Move bills, amendments, and appropriations through the process  Oppose unfunded mandates and home rule authority  Coordinate capitol visits on behalf of the County  Arrange meetings with legislators, executive branch officials, and agency heads  Provide legislative alerts and weekly legislative updates  Provide post-session summaries of relevant issues  Scan enrolled bills for relevant study groups/taskforces created  Monitor and lobby Governor’s office on line item budget vetoes and legislative vetoes  Follow up with agencies on any outstanding issues  Monitor interim House and Senate projects  Meet with committee staff to ascertain important issues for the upcoming session  Attend any relevant conferences/meetings.  Obtain agency proposed Legislative Budget Requests for the upcoming fiscal year  Prepare materials for legislative delegation meeting(s)  Attend delegation meeting(s)  Attend legislative workshops  Attend House and Senate interim committee meetings  Monitor any developments of proposed special session(s) LEGISLATIVE ACTIVITIES TIMELINE 11.D.2 Packet Pg. 369 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) COST OF SERVICES TO THE COUNTY │ 7 COST OF SERVICES TO THE COUNTY Proposed Fee We propose a $6,666.67 monthly retainer fee for government consultant services at a fixed annual fee not to exceed $80,000 for Collier County state lobbying services. The proposed fee includes all costs (i.e. travel, and related incidental out-of-pocket expenses, if applicable) for the work to be provided in an agreed upon scope of services. Buchanan shall not be reimbursed or otherwise paid for internal word processing, data processing or other services (i.e. local telephone services, copies, mail or postage services) that would reasonably be deemed overhead expenses for government consulting services. 11.D.2 Packet Pg. 370 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) EXPERIENCE AND CAPACITY OF THE FIRM │ 8 EXPERIENCE AND CAPACITY OF THE FIRM Firm Overview Founded in 1850, Buchanan is a full-service law firm with approximately 500 lawyers and government relations professionals who serve the legal and business needs of clients. Our core service areas include: government relations and other regulatory-related counsel; corporate finance and commercial law; litigation; energy law; intellectual property; labor and employment; financial institutions; tax; healthcare; real estate; and bankruptcy and creditors’ rights. Our practice and industry capabilities reflect the evolving demands and expectations of our clients, enabling us to provide honest communication, teamwork, practical application of government relations and legal knowledge and sensitive understanding of their needs – all informed by our multi-disciplinary approach. Buchanan has been recognized as a “powerhouse national law firm” by the National Law Journal and a “go-to law firm” by Corporate Counsel Magazine. The firm received 29 national honors and 84 first-tier metropolitan rankings on U.S. News & World Report–Best Lawyers 2016-17 “Best Law Firms” list. Buchanan is consistently recognized as a “Client Service A-Team” firm in the independent survey conducted annually by BTI, a market research and management consulting firm that interviews corporate counsel at large and Fortune 1000 companies. Buchanan has made the Honor Roll in BTI’s “Key Factors that Drive Superior Client Relationships” for the past 10 years. Local Roots – National Perspective Our offices are located in 17 cities throughout the country including a solid presence in Florida with full-service offices in Tallahassee, Fort Myers, Fort Lauderdale, Jacksonville, Miami and Tampa. Our local and national network enables us to respond efficiently and effectively to clients as needed. Our Florida practice, consisting of 85 government relations professionals and attorneys spanning six (6) offices, has been partnering with government and private clients for over 35 years. We bring experienced local talent and national perspective to every engagement. We are able to address client challenges and opportunities drawing on our deeply resourced multi-disciplinary skill base. This contract will be led by our Tallahassee office, staffed with eleven (11) government relations professionals and attorneys, and supported by our Fort Myers office, with seven (7) government relations professional and attorneys. Buchanan Florida Locations 11.D.2 Packet Pg. 371 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) EXPERIENCE AND CAPACITY OF THE FIRM │ 9 Buchanan | By the Numbers Government Relations A fully synchronized team, our Government Relations practice provides seamless representation and valued strategic support. At the federal level and in both Florida and Pennsylvania, we are among the largest and most well-established government relations firms, offering tactical solutions that effectively address legislative and regulatory concerns. In Florida, Buchanan government relations personnel have been providing state lobbying services continuously in since 1987. Together with the knowledge of government workings, and years of public service, Buchanan has developed expertise in the state legislative process, specializing in both legislative budget and substantive processes. With our government affairs office located in Tallahassee, three (3) blocks from the State Capitol, our firm is qualified to provide Collier County with effective, focused, experienced representation before the Florida Legislature, Governor and Cabinet, and state agencies. In addition, our Fort Myers office enables us to keep on top of the latest developments in Collier County. Legislative and agency rule making developments are monitored year round in the Capitol by our fully staffed Tallahassee office. Grant hearings, rulemaking workshops, administrative hearings, cabinet meetings, and legislative interim projects are just some of the governmental activities that regularly occur in the Capitol, which have direct implications for the County. Our personnel routinely attend such meetings and are prepared to lobby members on the County’s behalf and to report outcomes as developments occur. With our established presence in Fort Myers, Buchanan personnel will be readily available to the County on short notice, meeting with commissioners and staff as requested. 85 Florida based Attorneys and Government Relations professionals 35 Years serving clients in the state of Florida 17 Offices with locations in Tallahassee and Fort Myers 500 Attorneys and Government Relations staff nationwide 99 Florida clients (past 5 years) contracted for Government Relations work 11.D.2 Packet Pg. 372 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) EXPERIENCE AND CAPACITY OF THE FIRM │ 10 Florida Government Relations Clients Contracted – Last Five (5) Years  AbbVie Incorporated  A. Duda & Sons, Inc.  American Council of Independent Laboratories  Angelos Aggregate Materials, LTD  Arc of Florida  AT&T  Avis Budget Group  Banyan Health Systems  Behavior Analyst Certification Board  Carasoft Technology Corporation  CGI Technologies & Solutions, Inc.  Chapters Health System, Inc.  Christian Prison Ministries  Chromalloy  Citrus County Board of Co. Commissioners  City of Fort Myers  City of Ormond Beach  City of Palm Coast  City of South Daytona  Coalition of Ignition Interlock Manufacturers  Coast Dental, P.A.  Collier County  Collier Health Services of Immokalee  Concordia Behavioral Health  Covenant Hospice  Conference of County Court Judges  Cornerstone Hospice & Palliative Care  Daiichi Sankyo, Inc.  David Hasenauer  Dosal Tobacco Corporation  DraftKings, Inc.  Epilepsy Association of Central Florida  Fairness in Taxation  FanDuel, Inc.  Fantasy Sports Trade Association  Florida Association of Centers for Independent Living, Inc.  Florida Chapter American College of Cardiology  Florida Chapter of AAP/Florida Pediatric Soc  Florida Developmental Disabilities Council  Florida Economic Development Council  Florida Governmental Utility Authority  Florida League of Cities  Florida PACE Association  Florida Police Chiefs Association  Florida Portable Building Manufacturers Assoc  Florida Recyclers Association  Florida Rural Economic Development Assoc  Florida Smart Justice Alliance  Florida Sportsman's Land Trust  Fowler White Boggs PA  Good Wheels, Inc.  Government Services Group  Green Point Consultants  Habitat for Humanity of Florida, Inc.  Haven Hospice  Hayes E-Government Resources  Heartland Communities, LLC  Hemophilia of Florida Pharmacy  Hodges University  Hope Healthcare Services  ISRI-New Southern Chapter  Keiser University  Lost Tree Village Property Owners Association, Inc.  Lee County Board of County Commissioners  Lee County Mosquito Control District  Lee County Trauma Services District  Lee Memorial Health System  Leukemia & Lymphoma Society  Lucanus Developmental Center  McDonald's Corporation  National Strategies, Inc.  Neal Communities of Southwest Florida LLC  NOPE Task Force  Palm Beach County Tax Collector  Park Royal Hospital  Pinch-A-Penny  Preserve Vision Florida, Inc.  Progressive Insurance Company  River Error Farms, Inc.  SADD, Inc.  Scientific Games International  South Central Florida Express  South Florida Behavioral Health Network Inc  Southern Gardens Holdings Citrus Corp.  Special Olympics of Florida  State Farm  Stewart-Marchman-Act Behavioral Healthcare  Tableau Software  The Angelus, Inc.  The Florida Retail Federation  Time Warner, Inc.  Town of Fort Myers Beach  Trademark Metals Recycling  United States Sugar Corporation  Universal City Development Partners, LTD. dba Universal Orlando  University Medical Service Association  Vertex Pharmaceuticals Incorporated  Vertical Bridge Holdings, LLC  Westcor Land Title Insurance Company 11.D.2 Packet Pg. 373 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) EXPERIENCE AND CAPACITY OF THE FIRM │ 11 Conflicts We are not aware of any business conflicts with respect to any representation of the County. We have implemented policies and procedures to identify actual and potential conflicts at the outset of each engagement. In the event a conflict is identified, we would deal with it consistent with the Rules of Professional Conduct. Key Accomplishments of our Government Relations Group Over the years, we have developed and maintained close working relationships with stakeholders and associations representing local governments. For the past eighteen (18) years, Buchanan has been working as government consultants on many of the same priorities identified by the County and our personnel have d ecades of familiarity with these same issues having served as elected officials, agency heads, and chiefs of staff to Governors. We have one of the most knowledgeable and experienced government consulting teams in Florida with over two hundred years of com bined government experience. This power of experience is embodied in the people who comprise our government consulting team, which include: Keith Arnold, Brett Bacot, Bob Butterworth, Marnie George, Mike Harrell, Paul Hawkes, Jim Magill, Kim McGlynn, Ivette Arango O’Dosk i, Tim Stanfield, and Mac Stipanovich, This experience facilitates unique insight into the Florida political process that only a former insider can offer. Understanding the policy decision-making processes of agency heads, state lawmakers, and staff allows our firm to anticipate those decisions and develop strategies accordingly. Through our experience and in -depth local knowledge, our team is distinctly qualified to represent Collier County. A governmental consulting practice’s effectiveness is reflected in the lobbying successes it accomplishes on behalf of local government clients. Our personnel have demonstrated value over the years with numerous substantive and budgetary victories on behalf of our clients. These achievements were made possible with the hard work and dedication of local legislators, local officials/staff, and Buchanan personnel working together as a team in pursuit of successful outcomes. Below is a sampling of our recent experience and successes of similar scope for various local government clients:  Assisted a client in facilitating funding of $500,000 for road rehabilitation in Collier County.  Helped a client coordinate meetings with the Department of Agriculture for the Department’s final approval of the Collier County Comprehensive Watershed Improvement Plan.  Assisted a client in facilitating meetings with FDEP for Collier Parks and Recreation personnel regarding a FRDAP conversion project.  Advocated on behalf of a client for stronger anti-human trafficking legislation that increased penalties and for traffickers and increases protections for minors and victims on behalf of Collier County and Collier Sherriff’s Office.  Worked together with FDOT, the Florida Public Transportation Association, and Collier County to propose language addressing bus bench shelter indemnification issues.  Worked with the Florida Public Transportation Association and other stakeholders to increase the Transportation Disadvantaged Trust Fund to $55 million for FY 2016-17.  On behalf of a client, lobbied for an additional $2.3 million allocated to Community Transportation Coordinators statewide for trips. For certain Community Transportation Coordinators (CTC’s), there is an additional $1.75 million available for competitive Mobility Grants to enhance access of persons with disabilities and others for health care, shopping, education, employment, public services, and recreation. 11.D.2 Packet Pg. 374 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) EXPERIENCE AND CAPACITY OF THE FIRM │12  Assisted a client with the inclusion of a proviso in the FY 2016-17 Budget to fund a study for the Commission for Transportation Disadvantaged to study the formula used for distribution statewide as it relates to urban and rural counties.  Advocated on behalf of a client for full funding of the Public Transit Development Grants.  Assisted a client in successfully advocating for funding from toll collections to be utilized for the construction and operation of an EMS/Fire Station to provide emergency services on a remote stretch of I-75.  Assisted a client in working with FAC to defeat legislation deregulating the for Certificate of Public Convenience & Necessity (COPCN) statewide EMS services.  On behalf of a client, participated in city/county stakeholder meetings to ensure 3% revenue sharing for affected local governments as part of the Gaming Compact.  On behalf of a client, worked with lawmakers and County to successfully fund $4 million for a Soft Landing Business Accelerator over two years.  Helped a client facilitate an amendment onto Oil and Natural Resources legislation containing provisions allowing local governments to regulate zoning and land use requirements related to fracking area, a peer reviewed study including proper disposal of chemicals and other waste produced from drilling, and disclosure of chemicals to FDEP.  On behalf of a client, worked with FAC to oppose another bill detrimental to local government’s bottom line, the Pre-Trial Detention and Release legislation, which would have eliminated defendants who are not indigent, who have ever been convicted of a violent crime or those have ever failed to appear in court from participating in county pretrial supervision programs.  On behalf of a client, worked with counties, the bill sponsor, and legislative staff to include a transportation amendment which allows the continued use of Public Block Grant funds for non- electioneering purposes.  Successfully lobbied on behalf of a client for funding of a SWFL Wastewater and Stormwater Replacement Program for $750,000.  Coordinated efforts on behalf of a client to pass one of the 24 local bills that made it through the legislative process, out of 66 local bills filed this year. The sponsors worked closely with BIR personnel to ensure all procedural requirements specific to local bills were met to facilitate the successful passage of the bill.  Assisted a client in facilitating the appointment of County Commissioner to the statewide taskforce on Bicycle and Pedestrian Safety.  On behalf of a client, worked with Southwest Florida delegation and budget leaders, to fund the Public Safety Reinvestment Grant at $3 million in the FY 2014-15 Budget.  Assisted stakeholders, on behalf of a client, in providing $15 million for transportation-economic development statewide grant projects.  On behalf of a client, worked with the Florida Beach and Shore Preservation Association to achieve $47 million in funding for Beach Restoration program, including Southwest Florida nourishment projects. 11.D.2 Packet Pg. 375 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) EXPERIENCE AND CAPACITY OF THE FIRM │ 13  On behalf of a client, successfully lobbied for $3.5 million in funding for the Immokalee IFAS Center over two years.  On behalf of a client, successfully worked to fund $500,000 for a historical preservation project in Southwest Florida  On behalf of a client, worked with Southwest Florida delegation and budget leaders, to fund the Public Safety Reinvestment Grant at $3 million in the FY 2013-14 Budget.  On behalf of a client, worked with FAC and the League of Cities, to delete the fertilizer preemption language prior to final passage. The draft language would have placed a moratorium on new local fertilizer ordinances for three years while the taskforce meets, but did grandfather in existing ordinances.  On behalf of a client, assisted FAC on several issues, bills, and amendments, such as successfully opposing the Claims Reform that would have substantially increased sovereign immunity caps for local governments.  On behalf of a client, worked with a local delegation to successfully fund the Sidney and Berne Davis Art Center Restoration Project at $650,000 for a municipal client.  Assisted a client in successfully deleting language that would have allowed special districts to form municipalities, bypassing existing Florida law and causing potentially negative fiscal impacts to existing cities and counties.  On behalf of a client, advocated for passage of the Officer Widman Act, with the local Lee County Delegation and client. The bill was filed in response to the tragic killing of Andrew Widman and allows a court to order the arrest of a probationer pursuant to the court’s finding of probable cause that the probationer has committed a new law violation.  On behalf of a client, worked together with FAC to strip out local government revenues upon introduction of the so-called ‘Smart Cap’. After the amendment, only state revenues were affected by the proposed constitutional measure.  Assisted a client in successfully opposing TABOR legislation, which proposed an amendment to the State Constitution to limit state and local government revenues and require voter approval of new taxes and fees.  On behalf of a client, participated in city/county stakeholder meetings to ensure 3% revenue sharing for affected local governments as part of the Gaming Compact.  Successfully worked for a client to pass language on a Judicial System Conforming Bill which struck current law and mandated that interest earnings from county funds are to fall under the purview of the BOCC and be allocated by the board as any other budgetary item. According to data collected by the Florida Association of Counties, the interest earnings statewide amounted to nearly $1 billion annually.  On behalf of a client, worked with the League of Cities to minimize negative effects of a Local Public Pensions bill, which substantially changed how insurance premium tax revenues must be used in the funding of firefighter and police officer pension benefits under chapters 175 and 185, F.S. 11.D.2 Packet Pg. 376 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) EXPERIENCE AND CAPACITY OF THE FIRM │ 14 Business Related Claims, Arbitrations, Hearings and Lawsuits – Last Three (3) Years CONFIDENTIAL AND PROPRIETARY - NOT FOR DISCLOSURE A description of business related claims, arbitrations, administrative hearings, and lawsuits that are pending or were filed during the last three (3) years by or against the Firm, its members or predecessor organizations or any wholly owned subsidiary is provided below:  Andrew’s Florist on 4th Street, Inc. v. Dale Parker, Fowler White Boggs (FWB merged with the Firm in 2014) and Allstate, Circuit Court Case No. 142098CI, Pinellas County, FL 2010. Parties in a personal injury case involving Andrew’s Florist entered into a stipulated judgment with the understanding that if Andrew’s Florist cooperated with the injured parties in making a claim against the insurance company, the injured parties would not pursue the individual owners of Andrew’s Florist or execute the judgment on Andrew’s Florist. FWB and Allstate were unaware of the stipulated judgment and Andrew’s Florist brought a bad faith claim against FWB and Allstate. The parties are exploring settlement.  Robert Nucci, MD and Xanderwee, LLC v. Buchanan Ingersoll & Rooney PC: 8-15-cv-00518 (U.S.M.D. FL 2015). Xanderwee purchased the Tampa Bay franchise of the Arena Football League and Nucc i guaranteed payment. The League became insolvent, reorganized, and the value of the team was lost although the debt remained. The Firm represented Nucci and Xanderwee in the transaction and Nucci claimed that the due diligence was not adequate. Discovery is in process.  Harrisburg Parking Authority v. Buchanan Ingersoll & Rooney PC, Dauphin County Court of Common Please, 2015-cv-2268. The Authority was previously represented by the Firm as bond counsel to secure funding to finance the construction of a new parking garage. In 2013, the Authority restructured and closed all debt through a receiver. We understand there was no default on the bonds and amounts have been recovered for payment in full of the debt service and outstanding bondholders. The receiver has engaged outside counsel to pursue service firms to try to recoup funds.  Liberty House Nursing Home of Jersey City v. Buchanan Ingersoll & Rooney PC et al. This involves a dispute over a lease dating from the 1960s. The Firm’s client did not prev ail and representation was transferred to another firm for appeal. The plaintiff alleges professional negligence in connection with the Firm’s representation in the lease dispute. Discovery is ongoing.  Harrisburg Authority Incinerator. The Authority was represented by KRLS, a predecessor firm, in a transaction to secure additional funding to complete an incinerator for the City of Harrisburg. The Authority defaulted on the loan and contends the transaction in which the funds were loaned was not valid. The Authority is investigating potential claims against those involved. It is believed the applicable statute of limitations has expired.  Philip Schlichting, Personal representative of the Estate of Deborah L. Veilleux, Deceased v. Fowler White Boggs, P.A. Circuit Court of Hillsborough County, FL Case No: 26731483. The estate filed a Complaint against the Firm and a former Firm lawyer alleging claims for professional negligence. Order entered granting Motion for Summary Judgment in favor of Firm.  JLL Consultants, Inc. as Trustee of AgFeed Liquidating Trust v. BIR, Bill Uchimoto and Stevens & Lee Case 13-11761-BLS filed 7/15/15 in the United States Bankruptcy Court for the District of Delaware. Complaint alleges malpractice with respect to a reverse triangular merger with a Chinese entity. Board of Chinese company hid fraudulent financials. Settled as to the Firm. (continued on following page) 11.D.2 Packet Pg. 377 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) EXPERIENCE AND CAPACITY OF THE FIRM │15 CONFIDENTIAL AND PROPRIETARY - NOT FOR DISCLOSURE  Timothy D. Burns. Mr. Burns field a Certificate of Summ ons in Philadelphia Common Pleas Court naming Buchanan Ingersoll & Rooney PC and an attorney who handled Mr. Burns' defense in a criminal matter in which Mr. Burns pled guilty and received a sentence which was less than half of the federal guideline. The nature of the alleged claim is not known.  Schiavoni v. Snyder, Court of Common Pleas Dauphin County. No. 2017-cv-3055. The estate is in litigation. A Writ of Summons has been filed against former Firm attorney.  Thomas Edward Bernstein, et al v. Klett, Lieber, Rooney & Schorling, et al., Circuit Court, 12th Judicial District, Sarasota County Florida, Case No. 201 2014-CA-007056-NC. A predecessor firm provided estate planning services to Mr. and Mrs. Thomas Bernstein. A question arose regarding the decisi on not to file a gift tax return. The parties reached a settlement during mediation.  Apollo Sunguard Systems, Inc./Solar Dynamics and Kevin Connelly Solar Dynamics v. FWB and C. Paradies, Case No. 2015-CA-003909 (Circuit Court, Sarasota County, FL). Claim that a predecessor firm failed to secure patent prosecution. Motion to Dismiss was granted.  Preferred Fragrance, Inc., Ezriel Polatsek, et al v. BIR Kings County, Supreme Court New York, Case No. 5092482014. Firm represented Preferred Fragrance in the sale of its assets to Uni-World. After the sale, purchaser brought a claim. This matter was dismissed for failure to state a claim and not appealed. 11.D.2 Packet Pg. 378 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) EXPERIENCE AND CAPACITY OF THE FIRM │ 16 Client References Completed Reference Questionnaires (Form 8) are provided for each of the following and are included as part of our Vendor Forms submittal: Samira Beckwith, President & CEO Hope Healthcare T 239 489 9157 | F 239 482 2488 Samira.beckwith@hopehcs.org Legislative and Executive branch state lobbying services for hospice and healthcare issues. The Honorable Randall Henderson, Mayor City of Fort Myers T 239 321 7020 | F 239 321 7232 mayorhenderson@cityftmyers.com Legislative and Executive branch state lobbying services for local government issues. Margaret Hooper, Public Policy Director Florida Developmental Disabilities Council T 850 922 6703 | F 850 922 6702 margaretd@fddc.org Legislative and Executive branch state lobbying services for individuals with intellectual disabilities. Sanford Cohen, M.D., Chairman Lee Health Board of Directors T 239 343 1500 | F 239 343 1599 Sanford.cohen@leehealth.org Legislative and Executive branch state lobbying services for healthcare and hospital issues. Mike Ellis, President Healthcare Network of Southwest Florida T 239 658 3055 | F 239 658 3158 MEllis@HealthcareSWFL.org Legislative and Executive branch state lobbying services for primary healthcare services. Michael Nachef, Director, Government Relations Lee Health / Lee County Trauma Services District T 239 343 4810 | F 239 343 4802 michael.nachef@leehealth.org Legislative and Executive branch state lobbying services for healthcare and trauma issues. Additional information on each of the above that illustrates the Firm’s completed work on similar relevant engagements is provided in the following pages. 11.D.2 Packet Pg. 379 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) EXPERIENCE AND CAPACITY OF THE FIRM │ 17 Hope Healthcare Services Buchanan provides education and healthcare consultation to Hope Healthcare concerning health planning and policy analysis, health issue monitoring, strategic development, specific issue advocacy, advice on legislative and administrative developments, and public information and education. Buchanan delivers general legislative and administrative representation, which includes the following:  Monitor and attend interim legislative committee meetings, conferences, workshops, and study groups to determine issues relevant to Hope that may emerge during the upcoming Legislative Session.  Monitor and provide information to Hope regarding the legislative priorities of the Flori da PACE Association and the Florida Hospice and Palliative Care Association.  Meet with Hope leadership and the legislative liaison to formulate potential legislative agenda items.  Facilitate creation of a legislative priority agenda, and subsequent drafts as necessary.  Participate in pre-Session workshops for the purpose of finalizing a legislative agenda.  Monitor bills, amendments, and appropriation issues.  Educate legislators, their staff and committee staff.  Educate the Governor’s office and Executive branch staff.  Advocate for bills and amendments with appropriate legislators, their staff, and committee staff.  Participate in weekly Florida PACE Association legislative calls Completion Date: Ongoing | Budget: $78,000 Annually | Project Number of Days: 6,205 to date 11.D.2 Packet Pg. 380 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) EXPERIENCE AND CAPACITY OF THE FIRM │ 18 City of Fort Myers Buchanan provided education and consultation to the City concerning legislative issues related to policy analysis, issue monitoring, strategy development, specific issue advocacy, advice on legislative and administrative developments, and public information and education. The following activities were included in our scope of services:  Provided The City of Fort Myers with a first draft of a legislative priority statement and subsequent drafts as necessary, and met with the City of Fort Myers Council Members to explain the legislative priorities and other relevant legislative issues.  Attended meetings in Fort Myers as required during formulation of the legislative policy statement, and at other times during the year as requested by The City of Fort Myers.  Met with the local legislative delegation prior to the legislative session to present the legislative issues.  Testified and lobbied on behalf of The City of Fort Myers before the Florida Legislature during the annual Legislative Session, extended Session, Special Sessions and committee meetings with respect to matters of concern to The City of Fort Myers.  Reported regularly to the Mayor or his designee by way of correspondence, informal Work and coordinated with the City's legislative efforts with those of the Florida League of Cities and other associations or groups with similar legislative agendas.  Appeared and testified, when requested, before the Florida Cabinet or other state agencies on issues or proposed rules which were of concern The City of Fort Myers.  Provided bulletins, and telephone conference briefing concerning state legislation , appointments, and rules affecting the City of Fort Myers. Completion Date: 09/30/2016 | Budget: $56,160 Annually | Project Number of Days: 6,205 11.D.2 Packet Pg. 381 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) EXPERIENCE AND CAPACITY OF THE FIRM │ 19 Florida Developmental Disabilities Council Buchanan provided general legislative education and advocacy services as needed for the proper advancement of substantive and appropriation issues contained in the Council’s legislative priorities for the 2016 and 2017 legislative sessions. We delivered legislative education and advocacy services for identified Counsil legislative priority issues. Buchanan’s scope of work included the following:  Prepared bills and amendments.  Assisted in securing sponsors and, if necessary, co-sponsors for prepared bills and amendments.  Monitored bills, amendments, and appropriation issues.  Confirmed that House and Senate requirements relative to bills and amendments prepared by Buchanan were met.  Developed a list of key legislators to support identified legislative issues.  Advised the Public Policy Coordinator on legislative briefing materials or alerts as necessary.  Assisted in developing and executing the appropriate education and advocacy strategies to advance identified legislative issues.  Provided advice, guidance, and assistance to the Council in the development and adoption of positions on new issues that emerged during the 2017 session and modification of existing legislative issues.  Collaborated with key stakeholders on the legislative strategies for the Council’s identified legislative and priority issues.  Assisted with the planning of the Council’s DD Awareness Day for the 2017 legislative session.  Collaborated with the Public Policy Coordinator on all actions taken, and to be taken, during the 2017 session. Met with the Public Policy Coordinator at least twice weekly during the session and monthly during non-session months.  Briefed the Executive Director and Public Policy Coordinator on the status of the identified Council issues and the activities taken and planned weekly or as requested by the Executive Director during the 2017 session.  Participated in at least three weekly Public Policy & Advocacy Committee calls during the legislative session and more if needed.  Assisted the Public Policy Coordinator with Capitol Updates by submitting weekly reports during session.  Assisted with the planning and presentation of the Council’s 2017 Legislative awards. Completion Date: July 17, 2017 | Budget: $42,000 Annually | Project Number of Days: 2,555 11.D.2 Packet Pg. 382 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) EXPERIENCE AND CAPACITY OF THE FIRM │ 20 Lee Health Buchanan provides education and healthcare consultation to Lee Health concerning the following: healthcare issue monitoring; healthcare regulatory reform ; strategic development; Medicaid Reimbursement; specific appropriations advocacy ; Graduate Medical Education initiatives; advice on legislative and administrative developments ; and public information and education. Buchanan is responsible for general legislative and administrative representation for the life of th e agreement, which includes the following:  Consult with Lee Health Board prior to legislative session to determine and create legislative agenda.  Recommend lobbying efforts in upcoming legislative session to achieve agenda goals.  Monitor and advise board of legislation scheduled for upcoming legislative se ssion which would affect Lee Health, and provide lobbying recommendations.  Provide weekly updates during session on issues of importance to Lee Health.  Assist Lee Health in gaining sponsorship of bills and/or amendments needed to further Lee Health’s agenda.  Work with legislative staff and members to advocate final passage of positive legislation or veto of negative legislation.  Monitor agency rule making process and advise Lee Health on action needed to implement policies in a manner most favorable to the system.  Attend all relevant Florida Safety Net Hospital Alliance meetings and conference calls.  Attend all relevant Florida Hospital Association meetings and conference calls.  Schedule and Coordinate annual Board of Directors legislative meetings in Tallah assee.  Provide weekly legislative updates during session pertaining to bills, amendments, and appropriations affecting Lee Health.  Provide an end of session summary outlining all major legislative healthcare developments and specific outcomes of board legislative priorities.  Present an end of session legislative summary to the board of directors. Completion Date: Ongoing | Budget: $90,000 Annually | Project Number of Days: 6,570 to date 11.D.2 Packet Pg. 383 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) EXPERIENCE AND CAPACITY OF THE FIRM │ 21 Healthcare Network of Southwest Florida Buchanan provides general legislative education and advocacy services on identified legislative priority issues prior to and during Florida Legislative Sessions. Our scope of work includes the following:  Provide weekly legislative updates during session pertaining to bills, amendments, and appropriations affecting Healthcare Network of Southwest Florida.  Provide an end of session summary outlining all major legislative healthcare developments and specific outcomes of board legislative priorities.  Present an end of session legislative summary to the board of directors.  Prepare reports of legislative and administrative events and actions .  Assist in determining the feasibility of a specific line item appropriation for identified corporate program objective.  Provide advocacy services toward the attainment of appropriation objectives.  Assist the Network in determining the need of specific legislation to further legislative objectives . Completion Date: Ongoing | Budget: $60,000 Annually | Project Number of Days: 1,095 11.D.2 Packet Pg. 384 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) EXPERIENCE AND CAPACITY OF THE FIRM │22 Lee County Trauma Services District Buchanan assists the Lee County Trauma Services District in the following specific endeavors:  Identify and implement strategies regarding the District’s response to legislation proposed for each legislative session.  Monitor agency rulemaking workshops for trauma related matters.  Provide the district guidance on proposed language related to trauma statutes and proposed agency rules  Prepare reports of legislative and administrative events and actions .  Assist the corporation in determining the feasibility of a specific line item appropriation for an identified corporate program objective.  Provide advocacy services toward the attainment of appropriation objectives  Assist the corporation in determining the need for specific legislation to be filed on behalf of the corporation.  Attend scheduled Lee County Trauma Services Board meetings as necessary.  Seek additional revenue sources for trauma services when appropriate.  Provide staff and board members opportunities and guidance with regards to interacting with the legislative and administrative process. Completion Date: Ongoing | Budget: $90,000 Annually | Project Number of Days: 6,570 to date 11.D.2 Packet Pg. 385 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) SPECIALIZED EXPERTISE OF TEAM MEMBERS │23 SPECIALIZED EXPERTISE OF TEAM MEMBERS Proposed Contract Team and Roles We are comprised of a core of individuals based in Tallahassee and Fort Myers, supported by a multi-disciplinary national network, who will not only be dedicated to this engagement, but will also bring to the table experienced professionals as needed. Our structure leverages our ability to provide a dynamic and diverse team th at addresses the many opportunities and challenges this engagement with Collier County presents, with a cost- effective combination of complementary skill sets, experience and industry insight . The following Buchanan staff will be assigned to the project r epresenting Collier County should our firm be selected: J. Keith Arnold, Ph.D., Brett Bacot, John McKager “Mac” Stipanovich, Timothy Stanfield and Marnie George. Keith, who works in our Fort Myers office off session, will serve as the Project Manager and Primary Contact with County officials. Keith also maintains a residence in Tallahassee and is present in the capital for all committee and session activities. Brett, Mac, Tim and Marnie will serve as additional points of contact with the County, responsible for reporting legislative developments and implementing the County’s legislative objectives under Keith’s guidance. The Buchanan Government Relations group is a multifaceted team with experience in a broad spectrum of policy areas. Our firm has assisted local government clients in collectively procuring tens of millions of dollars in state appropriations including, but not limited to, transportation projects, beach re -nourishment, urban redevelopment, various grant programs, healthcare, public works, and water projects. In addition, our personnel have invaluable experience passing major legislative initiatives benefitting local governments throughout the years. Our team will be supplemented by the skill and talent of Robert A. Butterworth, Michael Harrell, Kim McGlynn and James Magill. These professionals will be called upon for assistance as needed for various issues affecting Collier County. All members of the Buchanan team proposed to serve the County will be available to begin upon award and contract execution. The team we offer in this proposal is the team you will see and work with towards success for the duration of the contract. Our client teams communicate on a regular basis and meet formally, at the firm’s expense, to discuss client strategy and d evelopments. This approach also allows us to discuss progress, anticipate future workload and staffing issues, as well as determine opportunities for adding value to the relationship. 11.D.2 Packet Pg. 386 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) SPECIALIZED EXPERTISE OF TEAM MEMBERS │24 Team Organization J. Keith Arnold, Ph.D. Sr. Principal - Government Relations PROJECT MANAGER PRIMARY CONTACT COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Brett Bacot Sr. Advisor Government Relations John McKager "Mac" Stipanovich Chair Florida State Government Relations Timothy Stanfield Sr. Advisor Government Relations Marnie George Sr. Advisor Government Relations SUPPORT OF 500 ATTORNEYS AND GOVERNMENT RELATIONS PROFESSIONALS Robert A. Butterworth Of Counsel Government Relations Kim McGlynn Principal Government Relations Michael Harrell Sr. Principal Government Relations James Magill Principal Government Relations Brief biographies for each for each team member identified above are provided in the pages that follow along with full resumes for our core engagement team members. CORE ENGAGEMENT TEAM ADDITIONAL RESOURCES 11.D.2 Packet Pg. 387 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) SPECIALIZED EXPERTISE OF TEAM MEMBERS │25 TEAM MEMBER AND ROLE RELEVANT QUALIFICATIONS AND EXPERIENCE J. Keith Arnold, Ph.D. Senior Principal Government Relations PRIMARY CONTACT keith.arnold@bipc.com T 239 985 4837 Fort Myers Keith’s focus is on representing local governments. A fifth- generation Floridian and lifelong resident of the Ft. Myers area, at the age of 23 Keith was elected to the Florida House of Representatives, becoming the youngest member of the legislature and one of the youngest in the country at that time. During his 16-year tenure in the Florida House, he assumed many leadership positions, including being appointed Majority Leader at the age of 28, the youngest person in state history ever to have served in that role. Brett Bacot Senior Advisor Government Relations brett.bacot@bipc.com T 860 681 4269 Tallahassee Brett has 17 years’ experience representing clients on a wide variety of issues before the Florida Legislature, Executive Branch and state agencies. He has worked in various policy areas, focusing on health reform, Medicaid, long-term care, behavioral health, transportation, education and various local government issues. Brett also concentrates his practice in appropriations requests, navigating the complex state budgeting process and assisting clients in securing funding for special projects. John McKager "Mac" Stipanovich Chair, Florida State Government Relations mac.stipanovich@bipc.com T 850 681 4265 Tallahassee Mac practices administrative law representing entities before state government agencies, the Governor and Cabinet and the legislature. He has extensive experience in the political arena and public sector. Mac was Florida Executive Director for Reagan-Bush 1984, Campaign Director for Bob Martinez for Governor in 1986 and 1990, Chief of Staff to Governor Martinez and Senior Advisor to Jeb Bush for Governor in 1994. Timothy Stanfield Senior Advisor Government Relations timothy.stanfield@bipc.com T 850 681 4226 Tallahassee Tim’s practice focuses on assisting clients in maneuvering issues through Florida’s Legislature, Cabinet and state agencies. With over 10 years of experience, he is widely respected within Florida’s Capitol. He has played a key role in a diverse range of legislation, including sovereign immunity; budget; transportation and highway safety; insurance; law enforcement; education; and health care. Marnie George Senior Advisor Government Relations marnie.george@bipc.com T 850 681 4228 Tallahassee Marnie has more than 25 years of experience in Florida, including lobbying the Florida legislature, state agencies, the Florida cabinet and executive branch on behalf of state and national organizations. She has experience working with the legislative process and holds a reputation for honesty and integrity with the many bipartisan relationships with staff and elected officials on numerous issues that she has developed. 11.D.2 Packet Pg. 388 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) SPECIALIZED EXPERTISE OF TEAM MEMBERS │26 TEAM MEMBER AND ROLE RELEVANT QUALIFICATIONS AND EXPERIENCE Robert A. Butterworth Of Counsel bob.butterworth@bipc.com T 954 335 Fort Lauderdale, Bob has served the citizens of Florida in several capacities as Broward County Sheriff, circuit judge, Director of Florida’s Department of Highway Safety and Motor Vehicles, Florida, Attorney General of Florida, and Secretary of the Florida Department of Children and Families. Bob focuses his practice on government affairs, advising corporate and business clients in a wide range of matters. Michael P. Harrell Senior Principal Government Relations michael.harrell@bipc.com T 850 681 4267 Tallahassee Michael concentrates his practice on government affairs, where he has experience lobbying the Florida legislative and executive branches on a wide range of business and regulatory issues, including governmental procurement practices. Michael’s in depth experience includes candidate recruitment, grassroots political efforts and fundraising. He began his political career in Washington, D.C., where he served in the Office of Vice President Dan Quayle. He was responsible for media, and logistics for all travel Kim McGlynn Principal Government Relations kim.mcglynn@bipc.com T 850 681 4240 Tallahassee Kim represents individuals and entities having interests before the Florida legislature, state agencies, and the Governor and Cabinet. Among other accomplishments, Kim has served in the Senate Majority Office and Legislative Coordinator for the Florida Department of Lottery. James Magill Principal Government Relations jim.magill@bipc.com T 850 681 4205 Tallahassee Jim represents individuals and entities having interests before the Florida legislature, state agencies, governor and cabinet. Previously, Jim served as Director of Legislative Affairs to Governor Jeb Bush from 2002-2004, the Director of State Senate Campaigns to the Republican Party of Florida from 1993-1996 and a Legislative Analyst to the Florida House of Representatives, Republican office from 1991-1993. 11.D.2 Packet Pg. 389 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) SPECIALIZED EXPERTISE OF TEAM MEMBERS │ 27 As a Senior Principal in Government Relations at Buchanan, Keith Arnold’s focus is on representing healthcare, education, local governments and not- for-profit clients. Because of his extensive background in the Florida legislature and in public finance, Keith helps clients secure funds through both appropriated and debt obligations. Few are better suited to a government relations practice. A fifth-generation Floridian and lifelong resident of the Ft. Myers area, at the age of 23 Keith was elected to the Florida House of Representatives, becoming the youngest member of the legislature and one of the youngest in the country at that time. During his 16-year tenure in the Florida House, he assumed many leadership positions, including being appointed Majority Leader at the age of 28, the youngest person in state history ever to have served in that role. Keith also held a variety of chairmanships, including Chair of the Tourism and Cultural Affairs Committee, Chair of the Postsecondary Education Committee and Chair of the Appropriations Sub-committee on Education. In the latter role, Keith was responsible for budgeting the state’s entire $14 billion education budget for K-12, Community Colleges and the State University System. From legislator to government relations advisor, Keith’s experience provides clients with a unique perspective. One of Keith’s key accomplishments in the Florida legislature was his successful effort to expand the state’s university system. For more than a decade, Keith helped lead the effort to legislatively authorize, build and open Florida Gulf Coast University in his hometown of Ft. Myers. FGCU has been highly successful, exceeding all growth and enrollment projections and attracting students from all over the world. During his legislative tenure, Keith was the author and primary sponsor of dozens of initiatives, many of which included bills directed at environmental protection, growth management, education reform and healthcare transformation. He was the primary sponsor of bills creating the Florida Communities Trust and the Florida Cultural Arts Program. Following Keith’s decision to depart the legislature and turn his attention to business, he has been providing governmental representation to clients, primarily in the Southwest Florida area. Before joining Buchanan in 2013, Keith owned and operated a successful legislative consulting firm for 14 years, representing clients before Florida’s legislative and executive branches. J. Keith Arnold,, Ph.D. Senior Principal - Government Relations keith.arnold@bipc.com T: 239 985 4837 | F: 239 425 6387 Fort Myers, FL Practices Government Relations Regulatory & Government Education Ph.D., Northcentral University, Business with concentration in Health Care Administration, 2015 M.A., Barry University, Pastoral Theology, 2006 B.S., Florida State University, Government and Economics, 1981 A.A., Edison Community College, Political Science, 1979 11.D.2 Packet Pg. 390 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) SPECIALIZED EXPERTISE OF TEAM MEMBERS │ 28 Keith is a frequent speaker on many topics related to government relations, and especially healthcare and education. He has served on numerous boards and is involved in a variety of charitable activities. He currently serves as Vice-Chair of the Board of Trustees for Hodges University, is on the Board for Villa Francisco and is a lector at his church, St. Cecilia Catholic Community. He and his wife, Maureen, have three children. Affiliations Florida Association of Professional Lobbyists Civic and Charitable Hodges University: Board of Trustees Migrant Poor Foundation: Board of Directors St. Cecilia Catholic Church: Lector St. Francis Xavier Villa Francisco: Board of Directors 11.D.2 Packet Pg. 391 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) SPECIALIZED EXPERTISE OF TEAM MEMBERS │ 29 Brett Bacot is a member of Buchanan’s State Government Relations Group with 17 years’ experience representing clients on a wide variety of issues before the Florida Legislature, Executive Branch and state agencies. Throughout his career, he has worked in various policy areas, focusing on health reform, Medicaid, long-term care, behavioral health, transportation, education and various local government issues. Brett also concentrates his practice in appropriations requests, navigating the complex state budgeting process and assisting clients in securing funding for special projects. Some of his recent accomplishments include:  Worked with Southwest Florida delegation and budget leaders to fund the Public Safety Reinvestment Grant in the FY 2014-15 Budget.  Assisted stakeholders in providing funding for transportation- economic development statewide grant projects.  Worked with lawmakers and county to fund a Soft Landing Business Accelerator.  Collaborated with stakeholders to fund the Disability Waiver Waitlist for FY 2014-15 to remove 1,500 individuals with developmental disabilities from the Waitlist.  Worked with the Florida Beach and Shore Preservation Association to achieve full funding for Beach Restoration projects. Brett has worked as a legislative aide in the Florida House of Representatives and has experience in grassroots advocacy work. Affiliations Member of the Florida Association of Professional Lobbyists Florida Association for Intergovernmental Relations (FAIR) Brett Bacot Senior Advisor - Government Relations brett.bacot@bipc.com T: 850 681 4269 | F: 850 681 6036 Tallahassee, FL Practices Government Relations Regulatory & Government Education M.A., Florida State University, Applied American Politics, 1993 B.S., Florida State University, Political Science, 1990 11.D.2 Packet Pg. 392 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) SPECIALIZED EXPERTISE OF TEAM MEMBERS │ 30 Mac Stipanovich practices administrative law representing entities before state government agencies, the Governor and Cabinet and the legislature. He has extensive experience in the political arena and public sector. Mac was Florida Executive Director for Reagan-Bush 1984, Campaign Director for Bob Martinez for Governor in 1986 and 1990, Chief of Staff to Governor Martinez and Senior Advisor to Jeb Bush for Governor in 1994. His representative clients include AT&T, Banyan Health Systems, Pinch a Penny, Inc., Scientific Games International, United States Sugar Corporation, Universal City Development Partners, LTD d/b/a Universal Orlando, Trademark Metals Recycling, University Medical Service Association, Inc., State Farm Mutual Automobile Insurance, Inc., Florida League of Cities, ISRI - New Southern Chapter, Chromalloy, Florida Recyclers Association, Lee Memorial Hospital, City of Fort Myers Collier County Board of County Commissioners, Collier Health Services of Immokalee, Florida Developmental Disabilities Council, Inc., Hemophilia of Florida Pharmacy, LLC, Hodges University, Hope Health Care Services, Lee County Administration, Lee County Mosquito Control District, Lee County Trauma, Park Royal Hospital and the Town of Fort Myers Beach. The Best Lawyers in America© list has consecutively listed Mac since 2007. Affiliations American Bar Association The Florida Bar John McKager "Mac" Stipanovich Chair, Florida State Government Relations mac.stipanovich@bipc.com T: 850 681 4265 | F: 850 681 6036 Tallahassee, FL Practices Government Relations Regulatory & Government Education J.D., University of Florida Levin College of Law, 1974, with honors Admissions Florida 11.D.2 Packet Pg. 393 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) SPECIALIZED EXPERTISE OF TEAM MEMBERS │ 31 Tim Stanfield’s multi-disciplinary governmental affairs practice focuses on assisting clients maneuver issues through Florida’s Legislature, Cabinet and a wide variety of state agencies. With more than 10 years of lobbying experience, Tim is widely respected within Florida’s Capitol for his subject matter expertise and strong work ethic. He has played a key role in a diverse range of legislation, including sovereign immunity; budget; transportation and highway safety; insurance; law enforcement; education; and health care. In addition, Tim has working relationships within state departments and agencies, including the Department of Financial Services, Office of Insurance Regulation, Department of Economic Opportunity, Department of Transportation, Department of Health, Agency of Health Care Administration and the Department of Management Services. Tim has been previously appointed to the 2nd Judicial Circuit Grievance Committee, where he still serves. He has been published several times, including in Appleman’s On Insurance; AM Best’s Review; ABA Committee News; Property Casualty 360; and Professional Insurance Agent Magazine. Timothy Stanfield Senior Advisor - Government Relations timothy.stanfield@bipc.com T: 850 681 4226 | F: 850 681 6036 Tallahassee, FL Practices Government Relations Regulatory & Government Education J.D., Florida Coastal School of Law B.A., University of Florida, Business Administration with a concentration in Resource Economics Admissions Florida 11.D.2 Packet Pg. 394 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) SPECIALIZED EXPERTISE OF TEAM MEMBERS │ 32 Marnie George is a government affairs professional with more than 25 years of experience in Florida, including lobbying the Florida legislature, state agencies, the Florida cabinet and executive branch on behalf of state and national organizations. She has experience working with the legislative process and holds a reputation for honesty and integrity with the many bipartisan relationships with staff and elected officials on numerous issues that she has developed. Prior to joining Buchanan, Marnie was the founder of The George Group – a public affairs consulting firm representing state and national clients, including AAA Auto Club South, a three-million-member organization in Florida, the National Safety Council, Ford Motor Company, Habitat for Humanity of Florida and the Florida Chapter of the American College of Cardiology. During this time, she received national recognition for her years of work on safety legislation and awareness, earning the State Highway Safety Champion Award for Florida–from the Advocates for Highway and Auto Safety. She previously served as legislative affairs director for the Department of Business Regulation and started the agency’s public information office serving as agency spokesperson while heading up the legislative office. She was selected by the Executive Office of the Governor to join the start-up team of the Florida Lottery as legislative affairs manager. Later, the Lottery secretary tapped her to also manage the affairs of the Florida Lottery Commission and was named top employee with superior service for her work. Affiliations Leadership Tallahassee, Class 18 The Bolles School Board of Visitors Member, National Society of Colonial Dames of America Civic and Charitable President, Durward Neighborhood Association Sustaining Member, Tallahassee Junior League Marnie George Senior Advisor - Government Relations marnie.george@bipc.com T: 850 681 4228 | F: 850 681 6036 Tallahassee, FL Practices Government Relations Regulatory & Government Education B.S., Converse College, Political Science 11.D.2 Packet Pg. 395 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) LOCAL VENDOR PREFERENCE │ 33 LOCAL VENDOR PREFERENCE Business Tax Receipt 11.D.2 Packet Pg. 396 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 34 APPENDIX 1 Required Licenses 11.D.2 Packet Pg. 397 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 35 11.D.2 Packet Pg. 398 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 36 11.D.2 Packet Pg. 399 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 37 11.D.2 Packet Pg. 400 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 38 11.D.2 Packet Pg. 401 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 39 11.D.2 Packet Pg. 402 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 40 11.D.2 Packet Pg. 403 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 41 11.D.2 Packet Pg. 404 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 42 11.D.2 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Packet Pg. 412 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 50 11.D.2 Packet Pg. 413 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 51 11.D.2 Packet Pg. 414 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 52 11.D.2 Packet Pg. 415 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 53 11.D.2 Packet Pg. 416 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 54 11.D.2 Packet Pg. 417 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 55 11.D.2 Packet Pg. 418 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 56 11.D.2 Packet Pg. 419 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 57 11.D.2 Packet Pg. 420 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 58 11.D.2 Packet Pg. 421 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 59 11.D.2 Packet Pg. 422 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 60 11.D.2 Packet Pg. 423 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 61 11.D.2 Packet Pg. 424 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 62 11.D.2 Packet Pg. 425 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 1 │ 63 11.D.2 Packet Pg. 426 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 2 │ 64 APPENDIX 2 Addenda 11.D.2 Packet Pg. 427 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) APPENDIX 2 │ 65 Acknowledgement of Receipt: 11.D.2 Packet Pg. 428 Attachment: 2_Buchanan_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 1 August 21, 2017 Ms. Brenda Brilhart Procurement Strategist Procurement Services Division 3295 Tamiami Trail East, Building C-2 Naples, Florida 34112 Re: RFP No: 17-7186, State Lobbying Services Dear Ms. Brilhart: On behalf of Capital City Consulting, LLC, we are excited about the opportunity to provide state legislative and governmental lobbyist services for Collier County (hereinafter “County”) and to present the following information about our firm. Capital City Consulting has a proven track record of accomplishing client goals through strategic planning, accessing key relationships, and utilizing experience in handling complex and controversial government initiatives. Jim Boxold and Andrew Ketchel will serve as the lead lobbyists in our representation of the County, but all members of the firm are available. To be successful in today’s state governmental climate, the County must be able to access all levels of government. By combining our efforts, we can provide access on behalf of the County to the decision makers in both the legislative and executive branches. Our team will work collectively and directly with the County to satisfy the needs of the County’s elected and/or designated officials. Capital City Consulting is a full-service government relations firm of ten governmental consultants and four administrative assistants located in Tallahassee, Florida, one block from the capitol. At Capital City Consulting, our team of consultants specializes in developing unique government relations and public affairs strategies, as well as delivering unrivaled results for our clients before Florida’s executive and legislative branches.  From our acclaim as Influence Magazine’s 2016 “Lobbying Firm of the Year,” to Florida Trend’s “Florida’s Biggest Lobbyists: Turning Up the Heat” feature, to being called the “Special Forces in Tallahassee Lobbying” by Sunshine State News, Capital City Consulting has the experience, contacts, and winning strategies to help our clients stand out in the capital city. 11.D.3 Packet Pg. 429 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 2 Capital City Consulting has the expertise and proven success in assisting its clients in attaining their objectives by influencing and shaping legislation, acquiring state appropriations and grants, impacting executive branch decisions, such as rulemaking, purchasing and permitting, and calling on state office holders to enhance our clients’ ability to be successful in Florida. We effectively build lasting relationships with the leadership in Florida’s House, Senate, Executive Office of the Governor, and Cabinet, and welcome the opportunity to advance the County’s government agenda. Our firm has not only the appropriations experience, but also the policy experience needed to develop and advocate support and sponsorship of the County’s legislative priorities. Thank you for your consideration of our proposal. If you have any questions, please contact us at (850) 222-9075. Sincerely, Sincerely, Jim Boxold Andrew Ketchel Consultant, Capital City Consulting Consultant, Capital City Consulting jboxold@capcityconsult.com aketchel@capcityconsult.com 11.D.3 Packet Pg. 430 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 3 Evaluation Criteria No. 2: Certified Minority Business Enterprise N/A 11.D.3 Packet Pg. 431 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 4 Evaluation Criteria No. 3: Business Plan Capital City Consulting was established as a limited liability corporation (LLC) on January 1, 2003 and is managed by partners Nick Iarossi, Gerald Wester, and Ron LaFace. Capital City Consulting and its employees are licensed, registered, permitted and/or certified to do business in the State of Florida. The Scope of Services lays out a comprehensive set of tasks needed to assist the County in successfully navigating state government issues, including working with the Legislature, the Governor’s Office and key state agencies. Capital City Consulting has the expertise and resources to deliver these services to the county in unparalled fashion. Experience Capital City Consulting has the expertise to assist the County in attaining its objectives by influencing and shaping legislation, as well as impacting rulemaking in the executive branch. Capital City Consulting will advance the County’s government agenda by acquiring information and providing input to the leadership in the Executive Office of the Governor, Cabinet, Senate, and House. Capital City Consulting helps clients successfully navigate government in ways that increase opportunities and protect existing practice, maximize government resources and incentives, create public/private partnerships, navigate regulation, and prevent the passage of damaging legislation. We represent clients in a variety of areas including, but not limited to, local government, appropriations, healthcare, gaming, insurance, financial services, education, environment, criminal justice, information technology, business development, alcohol and tobacco, transportation, and general business. We influence the actions of the Florida Legislature, the Governor’s office, executive agencies, and the Florida Cabinet with thorough preparation and unrelenting advocacy. Capital City Consulting is a full-service government relations firm of ten governmental consultants and four administrative assistants located in Tallahassee, Florida, one block from the capitol. At Capital City Consulting, our team of consultants specializes in developing unique government relations and public affairs strategies, as well as delivering unrivaled results for our clients before Florida’s executive and legislative branches.  From our acclaim as Influence Magazine’s 2016 “Lobbying Firm of the Year,” to Florida Trend’s “Florida’s Biggest Lobbyists: Turning Up the Heat” feature, to being called the “Special Forces in Tallahassee Lobbying” by Sunshine State News, Capital City Consulting has the experience, contacts, and winning strategies to help our clients stand out in the capital city. Strategy Capital City Consulting has the knowledge and understanding of the legislative process as well as the relationships within in the executive branch to influence the decision makers. Our approach first starts with building bridges between the County elected officials and staff where they currently do not exist in Tallahassee. The maintenance of those relationships is equally as important. That does not happen by accident, but through hard work, dedication and commitment to the issues that Ormond Beach faces every day. Possessing public policy acumen, business savvy, invaluable relationships, and the ability to form strategic alliances with government and industry leaders, enables our firm to undoubtedly help achieve success for the County. Our lobbying approach begins by meticulously researching the County’s issues and needs and then developing a unique strategy to optimize potential government opportunities. Successfully executing the 11.D.3 Packet Pg. 432 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 5 strategy and adjusting for unforeseen circumstances is crucial, as is providing continuous communications with the County throughout the process. Services Our team approach will enable us to successfully represent the County at meetings with key legislators and members of the executive branch. As a team, we will be able to cover all 160 members of the legislature and the entire executive branch. Relationships will be strategically utilized to ensure all members of state government can be accessed by the County when needed. Additionally, we will work with the County to develop legislative research, talking points and materials needed to properly educate members and staff on the issues impacting the County. Finally, we will ensure the County has advance notice of meetings and hearings, so that it can meaningfully affect the outcome, including arranging direct meetings between the County and key decision makers as needed. Our team appreciates that the County needs effective communication as impacting issues develop. During session, interim committee weeks and special sessions, we will not only meet with the County on a regular basis, but also provide up-to-the-minute briefings to the County as issues occur utilizing every medium of modern communication available. On a continuing basis, Capital City Consulting will provide the County with an analysis and a presentation of any pending legislation and appropriations affecting the County. During committee weeks and the regular or a special legislative session, we will prepare weekly written reports that include detailed information pertaining to appropriations or policy changes that have an impact on the County. When the legislature is not in session, at a minimum, we will submit monthly reports highlighting activities taken on behalf of the County, leadership changes, legislation on the horizon, and other issues impacting the County. A final oral and written report will also be prepared and presented to the County upon the completion of the legislative session or any special session. The legislative process does not operate according to normal business hours and neither do we. Capital City Consulting will be available as necessary 24 hours a day/7 days a week to meet the needs of the County. 11.D.3 Packet Pg. 433 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 6 Evaluation Criteria No. 4: Cost of Services to the County Capital City Consulting will provide the above referenced professional services for an annual fee of $60,000 (inclusive of all costs) paid monthly. 11.D.3 Packet Pg. 434 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 7 Evaluation Criteria No. 5: Experience and Capacity of the Firm Experience Since its establishment in 2003 and with over 100 years of combined experience, proposer Capital City Consulting has earned a reputation as a premier lobbying firm because its professionals focus heavily on policy knowledge and substance as well as fundraising and political connections. Capital City Consulting has ten lobbyists and four administrative professionals.. Additionally, five of its lobbyists are also licensed attorneys, who bring beneficial expertise when drafting and interpreting legislation. When battling other well-funded opponents, Capital City Consulting relies on two things to win. First, hard work. We always outwork the competition. Second, a better understanding of the issues. Our in-depth knowledge of policy and our clients’ practices helps us win policy arguments with legislators. Our diverse client list of current and past clients gives us the ability to speak on the County’s behalf with a deep knowledge of the subject matter areas that could impact the County. Our success will be the product of an exceptional team of consultants who specialize in developing unique government relations and public affairs strategies as well as delivering unrivaled results for our clients before the Florida executive and legislative branches. Below not only lists all key personnel who will be contributing to efforts on behalf of the County, but also highlights their experience, qualifications and other vital information. As you will see, our team brings to the table unrivaled experience and expertise from key positions within state government. • Jim Boxold, a governmental consultant, is the former Secretary of the Florida Department of Transportation (DOT). Jim will bring unrivaled transportation expertise to the County’s government relations efforts. He has direct experience with and a keen understanding of the transportation challenges facing the County, the level of state transportation spending in the County, capacity and safety improvement projects for the interstate and other state roads, the fire station at Mile Mark 63, and funding for projects designed to improve the safety of all road users, including bicyclists and pedestrians. Combined with his knowledge of DOT, the MPO process, strategic state funding, and the state legislature, this will provide a unique advantage for Collier County’s legislative efforts in Tallahassee. Additionally, prior to DOT, Jim was Cabinet Affairs Director for Agriculture Commissioner Putnam where he navigated numerous regulatory and financial services issues. ● Andrew Ketchel, a governmental consultant, recently served as Legislative Affairs Director at the Florida Department of Environmental Protection (DEP). As Director, Andrew oversaw all of the Department’s legislative functions and worked extensively in a diverse range of policy areas, including oil and mining rights, beach restoration and beach funding, mitigation banking and its regulatory structure, Florida’s complex water issues, beach nourishment and restoration funding, the Florida Everglades, state owned lands, waste management, environmental regulatory affairs and the Florida Park Service. While Legislative Affairs Director at DEP, Andrew played a key role working with the legislature to interpret and execute the Land and Conservation Amendment. Prior to DEP, Andrew worked for Governor Scott’s Office of Legislative Affairs. 11.D.3 Packet Pg. 435 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 8 ● Nick Iarossi, an attorney and founder of Capital City Consulting, will provide daily oversight and direction, as well as play a key role in developing messaging and strategy in achieving legislative goals. Nick has more than 19 years of experience working on a variety of local, state, and federal government issues. Prior to private practice, Nick worked for the Florida Senate, House, and Department of Insurance. From local governments to Fortune 500 companies, Nick’s diverse portfolio of past and current clients gives him the ability to be involved in major issues before state government. As an example, for his healthcare clients, Nick has experience lobbying low income pool funding, Medicaid expansion, scope of practice, and community primary care. For his client, the Everglades Foundation, Nick has worked with legislative leaders to allocate funding for Everglades restoration in adherence to the Amendment 1 on Land and Conservation Funding. ● Ron LaFace, an attorney and founder of Capital City Consulting, specializes in representing clients in the following business areas: insurance and financial services, education, construction, healthcare and human services, alcohol and other franchise regulation, state licensing, transportation, tax, and appropriations. Prior to private practice, Ron worked at the Florida Department of Education. ● Gerald Wester, a founder and partner at Capital City Consulting, is widely held as the foremost expert in insurance, healthcare and financial services issues in the state of Florida. For over 35 years, government leaders have relied on Gerald’s knowledge and experience to navigate the extremely complex and diverse regulation of the Florida insurance industry. Prior to private practice Gerald spent 12 years at the Department of Insurance. ● Ashley Kalifeh, an attorney and governmental consultant, has more than 9 years working on financial service matters. Prior to joining the firm, Ashley served as Deputy Chief Financial Officer for CFO Atwater, with responsibility for the offices of Legislative Affairs, Cabinet Affairs, Policy & Research, and Strategic Planning. In her role, she advised the CFO on issues relating to the Florida Retirement System. Ashley began her career working in the Florida Senate Education Committee as an analyst. ● Chris Schoonover, an attorney and governmental consultant, has a deep knowledge of multiple areas, including education, healthcare and appropriations. His experience began 12 years ago while working for the Florida House Healthcare Committee. He also spent time working as a legislative analyst for the powerful Rules & Calendar Committee under Speaker Marco Rubio. Following law school, Chris was a staff attorney for the House Health & Human Services Committee, where he worked on numerous healthcare issues including: Low Income Pool program, Medicaid, child welfare, and elderly care. ● Scott Ross, an attorney and governmental consultant, has extensive regulatory experience from serving as the Deputy Secretary at the Florida Department of Business and Professional Regulation where he served as the chief regulator for Gaming, Alcoholic Beverages and Tobacco, Hotels and Restaurants, and Condominiums, Timeshares, and Mobile Homes. 11.D.3 Packet Pg. 436 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 9 ● Dean Izzo, a governmental consultant, recently served as Chief of Staff and Chief Financial Officer for the Florida Department of Economic Opportunity. Dean has an in-depth knowledge of the state economic development incentive program, job creation, investment in infrastructure, and the Job Growth Fund created in the 2017 Special Session. Prior to his time at DEO, Dean served as Director of Real Estate for the Florida Department of Management Services, where he oversaw approximately 55 million square feet of commercial property, managed the state’s construction management and leasing program, and provided strategic and technical management of Florida’s real estate holdings and assets. ● Ken Granger, a governmental consultant, brings 15 years of extensive public sector experience in administration, technology and procurement. During his time in state government, he served as Deputy Chief of Staff and Policy Director for Governor Charlie Crist, as well as Chief of Staff and Deputy Secretary for the Department of Management Services. Experience and Past Performances Capital City Consulting helps clients successfully navigate government in ways that increase opportunities and protect existing practices, maximize government resources and incentives, create public/private partnerships, navigate regulation, and prevent the passage of damaging legislation. We represent clients in a variety of areas including, but not limited to, appropriations, healthcare, gaming, local government, insurance, financial services, education, environment, criminal justice, information technology, business development, alcohol and tobacco, transportation, and general business. We influence the actions of the Florida Legislature, the Governor’s office, executive agencies, and the Florida Cabinet with thorough preparation and unrelenting advocacy. Specific examples of Capital City Consulting’s strong working knowledge of legislative, administrative and regulatory processes at the state level include the following client successes: ● The City of Venice ○ After being hired late in the 2015 Session, we worked very quickly to remove and amend certain negative provisions of proposed legislation amending the Bert J. Harris, Jr. Property Rights Protection Act that would have resulted in large fiscal impacts on cities and municipalities. ○ Road Projects: $2 million total approved by the legislative in the 2016 and 2017 Sessions. Through our representation of the City of Venice, we successfully secured a total $2 million in funding for a road improvement project, even though it was not part of the original DOT Work Plan nor in the Governor’s budget. ○ Water Projects: $1 million approved by the legislature in the 2016 and 2017 Sessions. We also successfully lobbied to get $1 million in funding for the City to complete a local water project and replace aging utility infrastructure—allowing the City of Venice to update the water distribution system. ● New College of Florida ○ As Florida's smallest university and with no alumni in the legislature, Capital City Consulting uses its education expertise and access to key members of leadership to succeed in getting New College appropriations in the budget. Due to its size of 800 11.D.3 Packet Pg. 437 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 10 students, New College of Florida is unable to rely on tuition and fees to fund growth and program changes. Instead, they rely on Capital City Consulting to secure special appropriations from the legislature. Some of our successes include: ■ $5.4 million Recurring: Over a six-year period and with Florida facing the worst budget cuts in modern history, we secured $5.4 million for the New College of Florida in funding to build its academic and administrative infrastructure to bring the college’s base recurring funding to a more adequate level needed to support a stand-alone institution. ■ $500,000 Recurring: We successfully lobbied the legislature to provide state funding specifically for New College to establish a program in Data Science and Analytics. ■ $885,000 ($650,000 Rec/$235,000 NR): We successfully lobbied the legislature to fund New College to establish Florida’s first Master’s program in “Big Data.” ■ $1 million ($275,000 Rec): We successfully lobbied the legislature in both the 2015 and 2016 Sessions to provide funding for New College to establish and operate their Career Enhancement Opportunity Center. ■ 2017 Session: $5.4 million in Recurring funding to increase enrollment. ■ Fixed Capital Outlay Funding ● $2.1 million (2013): For Cook Library Renovations ● $5.055 million (2014): For Infrastructure, Building Addition, and Renovations ● $3 million (2015): Building Addition ● $4.2 million (2016): Building Addition ● $1.8 million (2017): Building Addition ● School District of Sarasota County o Ensured that legislative proposals that impacted local government’s ability to put millage referendums on the ballot did not affect the ability of Sarasota School District to renew additional operating millage through a local referendum option. ● Palm Beach County Sheriff’s Office ○ $1 million in state appropriations to complete a pilot program to prevent violence. ○ $2 million total in state appropriations for an unmanned aerial vehicle program to assist search and rescue operations. ● Brevard County School District ○ A medium size school district in the state of Florida, Brevard County School District often calls on Capital City Consulting to pursue projects and appropriations in Tallahassee. During the 2017 Legislative Session, Capital City Consulting did the following for the district. ■ Successfully preserved federal connected student funding. A program vital to the district. ■ $500,000 in state appropriation for Career and Technical education funding. ■ Capital City Consulting brought to light the inequities in the transportation funding formula for the district. 11.D.3 Packet Pg. 438 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 11 ● South Broward Hospital District/Memorial Healthcare System ○ Memorial Healthcare System, also known as the South Broward Hospital District, is a special taxing district that serves as the largest healthcare provider in South Broward County, particularly to uninsured and low-income individuals. Capital City Consulting works with the district’s CEO, as well as, its seven-member board which is appointed by the Governor. Capital City Consulting ensures that the hospital receives appropriate funding and avoids cuts, which would ultimately harm access to care for the citizens of Broward County. Specifically, every year we lobby to ensure that the district receives an appropriate level of state healthcare funding to provide care to its citizens. We also lobby to ensure the special taxing districts receive an appropriate amount for the investment made. ○ Specific Appropriations ■ 2016 Session: $500,000 for a mobile bus to provide primary care in the community. ■ 2017 Session: $500,000 for the Memorial Regional Hospital Maternal Addiction Treatment Program to expand the maternal fetal treatment program to provide substance abuse treatment to 75 pregnant women. ○ Healthcare Legislation ■ With the health of Broward County’s most needy in mind, we utilize our relationships with leadership and staff to message potential impacts, which ultimately result in the legislation being defeated or amended. From Low Income Pool Funding and Certificate of Need to Scope of Practice, we rely on our in-depth healthcare experience to achieve successful outcomes for Memorial Healthcare System each session. ○ Agency for Healthcare Administration (AHCA) ■ We utilize our relationships with Secretary Senior and his staff to frequently meet with AHCA officials regarding the Low Income Pool and Medicaid funding. ● The Everglades Foundation ○ The Everglades Foundation is the premier advocacy group working to preserve the beauty of the Everglades. Capital City Consulting provides a myriad of services for the foundation, in the appropriations realm as well as wide sweeping policy. Below are a few examples of the work that Capital City Consulting has done for the foundation over the years. ■ During the 2013 Legislative Session, we successfully lobbied and negotiated compromise legislation for the state to spend $880 million through 2025 on additional reservoirs and marshes to filter water flowing into the Everglades. ■ $250 million: During the 2016 Legislative Session, we successfully passed the “Legacy Florida” legislation — providing up to $200 million for Everglades restoration and up to $50 million for Florida springs restoration. ■ During the 2016 Session, we worked closely with Speaker Crisafulli, Senate leadership and staff to amend SB 552, which made numerous changes to Florida’s water resource policies. The original bill included provisions our client deemed unfavorable to the environment and Everglades restoration. We successfully lobbied to have those provisions removed from the bill prior to its final passage. 11.D.3 Packet Pg. 439 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 12 ■ Southern Storage: ● During the 2017 Legislative Session, we worked closely with Senate and House leadership to craft, negotiate and ultimately pass one of the most extensive pieces of Everglades legislation passed in years. The bill authorizes $800 million to be spent out of the Florida Forever bonds to add additional storage capability as well as over $100 million to be used toward ongoing projects in and around the Everglades agricultural area. ● Florida International University ○ $8 million: We successfully lobbied the legislature and obtained funding for FIU’s campus expansion onto 64 acres adjacent to the main campus. Serving 54,000 students, FIU has maximized use of its existing space and this funding will enable the university to continue to meet the higher education needs of the South Florida community, while also spurring economic activity. ○ $7.1 million: We successfully lobbied to secure continuation funding—allowing the build-out of the remaining three chillers, cooling towers, and two generators to provide emergency back-up chilled water to critically needed facilities in the event of a power outage. ○ $3 million: We successfully obtained funding to enable the university to deploy UPLIFT, which provides evidence-based instruction, learning technologies, and advanced classroom assessment throughout critical Gateway and STEM courses. This program integrates FIU’s two most impactful student success initiatives, the Graduation Success Initiative (GSI) and the STEM Transformation Institute, to improve student success and graduation rates. Capital City Consulting Clients 2012 - 2017 AAJ Technologies, LLC Accenture LLP ADP, Inc. Advancement Via Individual Determination ADW Enterprises Aetna, Inc. AF Group Insurance Ajax Building Corporation American Bankers Insurance Group American Insurance Association American Traffic Solutions AmeriCold Logistics Ameritas Life Insurance Corporation Archstone Associated Industries of Florida AT&T Services BenefitFocus, Inc. BMM Brandt Information Services, Inc. Brevard County Schools Careington International Corporation Central Florida Health, Inc. CGI Technologies & Solutions Cheney Brothers, Inc. Chubb (formerly ACE American Insurance Company) Cigna Citibank, N.A. CitiGroup Washington, Inc. City of Venice Cladium, LLC Coalition for Fairness in Insurance Coalition to Stop Internet Gambling Collier County Schools Colossus, Inc. d/b/a InterAct Public Safety Systems 11.D.3 Packet Pg. 440 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 13 Columbia Southern University Commonwealth-Altadis, Inc. Community Care Plan Computer Aid, Inc. Consumer Credit Industry Association Consumer Health Alliance Contextual Code Coverdell Cushman & Wakefield of Florida, Inc. C.W. Roberts Contracting, Inc. CVS Health Delta Distilled Spirits Council of the US Dollar Financial Corporation Don Meyler Inspections Dosal Tobacco Drive Electric Florida, Inc. eBay, Inc. Electric Guard Dog, LLC Elevated, LLC eQHealth Solutions, Inc. Equity Residential Everglades Foundation Everglades Trust Fireman’s Fund Florida Association of Health Plans, Inc. Florida Association of Orthotists & Prosthetists Florida Association of Ticket Brokers Florida Coalition for Children Florida Community Financial Services Association Florida Healthy Kids Corporation Florida International University Foundation Florida Justice Reform Institute Florida Keys Community College Education Foundation Florida Optometric Association Florida Power & Light Florida Society of Ophthalmology Florida Surplus Lines Association Gartner, Inc. GDKN Corporation Guardian ad Litem Foundation, Inc. Harbor Prime Development Health Care Cost Institute H.H. Holdings, Inc. Hillsborough County Public Transportation Commission Houghton Mifflin Harcourt Publishing Company Ideal Image Development Corporation Indivior, Inc. Insurance Auto Auctions Interactive Travel Services Association Jacksonville Greyhound Racing, LLC Johnson & Johnson Services, Inc. Kinder Morgan Energy Partners Koch, Parafinczuk & Wolf, PA Lake Fron, Inc. Lakes Entertainment, Inc. Las Vegas Sands League of Southeastern Credit Unions Lexmark International, Inc. Lodestar Financial Group LogistiCare Solutions, LLC Lost Tree Village Property Owners Association, Inc. Majestic Realty Co. Martin County Medical & Dental Commerce Corporation Medical Development International Melbourne Greyhound Park Memorial Healthcare System Memory Garden at Tanglewood Metro Development Group MetroPCS Florida, LLC MiMedx Monroe County School Board Nation Safe Drivers NeoGraft Solutions, Inc. New College Foundation, Inc. NEXT Financial Group Non-Profit Insurance Services North Highland Co. Notary Public Underwriters, Inc. Ocala Breeders’ Sales Co. Ocala Gainesville Poker & Jai Alai Office Depot, Inc. Old Republic National Title Insurance Company Oportun Palm Beach County School District Palm Beach County Sheriff’s Office People’s Trust Insurance Company Philips Lighting North America Planet Technologies Plum Creek 11.D.3 Packet Pg. 441 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 14 Pollard Banknote Limited Praeses, LLC Primerica Life Insurance Company Public Information Notification Systems Pure Storage, Inc. RaceTech, LLC RAI Services Company Reckitt Benckiser RELX, Inc. (formerly Reed Elsevier, Inc.) Renaissance Learning, Inc. Rocket Learning Safelite Group, Inc. Safety Net Hospital Alliance of Florida Sanofi-aventis U.S., Inc. Sarasota County Agricultural Fair Association, Inc. Sarasota County Schools Sawgrass Mutual Insurance Company Sebastian Ferrero Foundation, Inc. Selective Insurance Group, Inc. SEMCAT Corporation SESCO Lighting, Inc. SHI International, Inc. Smart City Telecom Solcanna Scientific, LLC South Automotive Group South Florida Regional Transportation Authority SPDS, Inc. SpeakWrite Spinal Associates Stellar Energy America Step Up For Students Strategic Global Assets Structure Commercial Property Management Sunshine State Tag Agency, LLC Superior Vision Swisher International, Inc. Take Stock in Children Tanglewood Manor, Inc. Tellus, LLC Thinking Media Thomas Howell Ferguson, PA TKS Holding, LLC Travelers Indemnity Company Trinity Services Group Inc. Trulieve Tyler’s Hope for a Dystonia Cure, Inc. University of Florida Student Government Association United Services Automobile Association USAble Life US Chamber Institute for Legal Reform USF Foundation Vanguard Dealer Services, LLC VE Group, LLC Visa, Inc. Vista Motor Company Voya Financial Services, Inc. (formerly ING North American Insurance Corporation) Washington Intern Student Housing, LLC Weather Group Television, LLC WeatherSTEM Weatherford Partners WellVia Solutions Weyerhaeuser Whitaker Contracting Corporation WNF Law XL Insurance America, Inc. Zimmerman Advertising, LLC Zurich American Insurance Company 11.D.3 Packet Pg. 442 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 15 Evaluation Criteria No. 6: Specialized Expertise of Team Members Our success will be the product of an exceptional team of consultants who specialize in developing unique government relations and public affairs strategies as well as delivering unrivaled results for our clients before the Florida executive and legislative branches. Each member of Capital City Consulting will bring to the table years of experience and expertise from working inside state government. With over 100 years of combined experience, Capital City Consulting has earned a reputation as a premier lobbying firm because its professionals focus heavily on policy knowledge and substance as well as fundraising and political connections. Additionally, five of its lobbyists are also licensed attorneys, who bring beneficial expertise when drafting and interpreting legislation. Capital City Consulting was recently named the 2016 “Lobbying Firm of the Year” by Influence Magazine. When battling other well-funded opponents, Capital City Consulting relies on two things to win. First, hard work. We always outwork the competition. Second, a better understanding of the issues. Our in-depth knowledge of policy and our clients’ practices helps us win policy arguments with legislators. Jim Boxold and Andrew Ketchel will serve as the lead lobbyists in our representation of the County, providing daily oversight and direction, as well as developing messaging and strategy in achieving the County’s goals. Additionally, our firm utilizes a team approach, meaning that all members of our firm are available 24 hours a day/7 days a week to meet the County’s needs. Team Leaders: Jim Boxold & Andrew Ketchel Jim Boxold | Governmental Consultant Jim Boxold is a consultant at Capital City Consulting, boasting an extensive and influential career serving in senior leadership roles in state and federal government. Jim joins Capital City Consulting after most recently serving as the secretary of the Florida Department of Transportation (DOT), to which he was appointed by Governor Rick Scott in December 2014. Our firm’s extensive experience with and knowledge of the state’s transportation policy and funding creates a unique advantage for this contract. As Secretary, Jim was responsible for managing DOT’s $10 billion budget and 6,200 employees. He oversaw implementation of the largest work program in the department’s history, making record investments in the state’s highways, rail, airports and seaports. Under Jim’s leadership, DOT reached an agreement with the Federal Highway Administration that will reduce highway project development time by one-third, saving Florida approximately $22 million a year. He spearheaded the development of a new project finance program that will allow DOT to advance the construction of projects years earlier than planned. He also led the consolidation of the customer service center functions of Florida’s toll agencies, resulting in reduced administrative costs for several agencies and improved customer service. Prior to his appointment to Secretary, Jim served as the agency’s Chief of Staff. 11.D.3 Packet Pg. 443 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 16 Recognizing the connection between good quality transportation infrastructure and economic growth, Jim worked directly with local governments across the state to identify and address immediate and long-term needs. One of the most significant challenges facing Collier County Beach is meeting the transportation needs of its citizens. Jim’s direct experience and keen understanding of the challenges facing Collier County, combined with his knowledge of DOT, the MPO process, strategic state funding, and the state legislature will be invaluable to the County. While the DOT Work Program is based on locally driven priorities as established by MPOs throughout the state, the final work program submitted to the legislature is not merely a compilation of MPO priorities. Understanding the intricacies of the work program development, as well as funding sources used by agency leadership, such as the Strategic Intermodal System (SIS) and the Economic Development Trust Fund (EDTF), may lead to additional ways to address the County’s transportation needs. We recognize the County’s longstanding transportation priorities, including ensuring that Collier County receives an appropriate return on the gas taxes it sends to the state; capacity and safety improvements to I-75; addressing the needs related to the fire and emergency response facility at Mile Marker 63 on Alligator Alley; and, funding for projects designed to improve the safety of all road users, including bicyclists and pedestrians. As Secretary, Jim worked directly with the Governor, the Governor’s staff, other state agency heads and members of the Florida Legislature to address transportation needs in their legislative districts. He formed productive and lasting relationships with House and Senate leadership and key transportation leaders in the legislature. In addition, as Chief of Staff and then Secretary, Jim worked closely with the DOT management team in Tallahassee, as well as each of the DOT districts. During his time at the agency, he appointed five District Secretaries, two Assistant Secretaries and the agency’s Chief of Staff, who became Secretary when Jim left the agency. Jim originally began his career in state government with Governor Jeb Bush in the Governor’s Office of Policy and Budget. Additionally, he served as the Director of Cabinet Affairs for Commissioner Adam Putnam, where he advised Commissioner Putnam on his responsibilities as a member of Florida’s Cabinet, which oversees the Division of Bond Finance, the Department of Environmental Protection, the Department of Highway Safety and Motor Vehicles, the Department of Revenue and the Florida Department of Law Enforcement. While serving under Commissioner Putnam as his Cabinet Affairs Director, Jim also had extensive working knowledge of issues within the Office of Energy, which oversaw the state’s efforts on renewable energy. Jim started his career in Washington, D.C., as an aide in the U.S. House of Representatives, ultimately serving as the Legislative Director for Representative Porter Goss. He was responsible for managing the Congressman’s entire legislative portfolio, with an emphasis on national security, tax/budget and environmental issues. He played a key role in congressional approval of the Comprehensive Everglades Restoration Program (CERP) in 2000. Jim is a graduate of The George Washington University (B.A., 1995). A native Floridian, Jim and his family live in Tallahassee. 11.D.3 Packet Pg. 444 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 17 Andrew Ketchel | Governmental Consultant Andrew Ketchel is a consultant at Capital City Consulting, bringing a wide breadth of expertise in multiple policy areas, having served in several leadership roles in Florida’s executive branch and having achieved statewide policy reforms before the Florida Legislature. Andrew comes to Capital City Consulting after having served in Governor Rick Scott’s administration in multiple roles, most recently as Legislative Affairs Director at the Florida Department of Environmental Protection (DEP). As Director, Andrew oversaw all of the Department’s legislative functions and worked extensively in a diverse range of policy areas, including Florida’s complex water issues, the Florida Everglades, state owned lands, waste management, environmental regulatory affairs and the Florida Park Service. During his tenure at the Department, Andrew oversaw the Department’s efforts to regulate hydraulic fracking through a comprehensive piece of legislation updating the process that included protecting the oil and mineral rights of the region and the state. Andrew worked extensively ensuring adequate statewide funding for beach re-nourishment around the state as well as navigating the complicated regulatory and permitting structure around the issue. Andrew oversaw the 2016 State Land Statute rewrite and Florida’s coastal permitting statute reforms. He also coordinated several revisions to Florida’s waste management and the Petroleum Restoration Program. Andrew also previously served as the Deputy Legislative Affairs Director at DEP. Andrew first came to Tallahassee as a part of the executive branch’s prestigious Gubernatorial Fellows Program. In his capacity as a Gubernatorial Fellow at the Department of Highway Safety and Motor Vehicles (DHSMV), Andrew coordinated a statewide consolidation project of Florida’s identification cards while also working in their Office of Legislative Affairs. Following his tenure as a Gubernatorial Fellow, Andrew worked in the Executive Office of the Governor during Governor Scott’s first term, working extensively with the administration’s policy and leadership teams. In this unique role in the Governor’s office, Andrew was instrumental in coordinating and executing the Governor’s legislative agenda. A native of Fort Walton Beach, Florida, Andrew attended the University of South Florida where he earned a Bachelor of Arts degree in Political Science and a Master’s degree in Public Administration. Andrew was a four-year letterman on the football team and was awarded Big East All-Academic Team Honors. Andrew resides in Tallahassee with his wife McKenzie. 11.D.3 Packet Pg. 445 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 18 Team Members Nick Iarossi | Partner Nick Iarossi, Esq., is a founding member of Capital City Consulting, and has more than 19 years of experience working on local, state and federal government issues. Nick holds a B.S. in Social Science and a J.D. from Florida State University and is a member of the Florida Bar. Nick’s career in government began in 1997 as a staff person in the Florida House of Representatives, followed by the Florida Senate, and a law clerk at the Department of Insurance. In 2001, Nick entered private practice with a major law firm handling government relations. After opening Capital City Consulting in 2003, Nick quickly earned the reputation as a knowledgeable and hardworking advocate, which has enabled him to serve Capital City Consulting’s strong client base in both the legislative and executive branches of government. Nick is not only relied upon by his clients for counsel, but also by government leaders and candidates for office to provide information on policy and political issues. Nick has experience representing a variety of issues, including education policy and funding, financial services, insurance, healthcare, environmental and land use, local government, information technology, procurement, agency rulemaking and general business issues. In addition to his government affairs practice, Nick is often hired by clients to provide other services, such as hospitality and development consulting, business development, message development, crisis management, issue management and corporate communications. Nick has experience developing and managing strategic plans to accomplish client objectives through strategic alliances with third parties and coalitions, grassroots development, polling, and national, state and local public relations. Clients frequently use Nick as a company spokesperson handling press calls, appearing before committees, and conducting television and radio interviews to advance client interests. Nick lives in Tallahassee with his wife and two daughters. 11.D.3 Packet Pg. 446 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 19 Ron LaFace, Jr. | Partner Ron LaFace, Jr., Esq., is a founding member of Capital City Consulting. His lobbying experience includes successes in all areas of state government: the legislature through influencing legislation, the executive branch through assisting clients in large procurements and contracts, and the development of agency policy through implementation of legislation and interpretation of existing rules and laws. Recognizing that each client and issue require different strategies, Ron is able to identify policy makers and staff who have an interest in the merits or shortcomings of a proposal; formulate policy arguments to support the client's desired outcomes; and through his knowledge of the legislative and governmental process, work towards achieving the client's goals. Because of his specialized understanding of the complex manner in which Florida laws and state agencies interact and long-term positive relationships with members and staff, Ron is often called upon by clients, as well as policy makers and staff, to assist in the drafting or revising of current and proposed laws so as to avoid unintended consequences and ensure that the desired outcome of the law revision is achieved. Ron specializes in representing clients in the following business areas: insurance and financial services, education, construction, healthcare and human services, alcohol and other franchise regulation, state licensing, transportation, tax, and appropriations. Ron advises clients at the beginning of the relationship or introduction of a new issue how best to achieve their objectives, based on the unique traits of each individual client. Often Ron has led teams of lobbyists representing a coalition of common interests to accomplish a mutual goal. Whether playing offense or defense, Ron successfully achieves his client’s goals most often through the efforts of our firm alone. Ron has lobbied professionally since receiving his J.D. from Florida State University College of Law (Magna Cum Laude) in 2002. Before attending law school, Ron served as President of Blue Key at the University of Florida and also as gubernatorial appointee to Florida’s Postsecondary Education Planning Commission. Ron also worked as a Professional Practices investigator with the Florida Department of Education from 2002-2008. Gerald Wester | Partner Gerald Wester is a founding member of Capital City Consulting. He is widely held as the foremost expert in insurance, healthcare and financial services issues in the state of Florida. For over 35 years, government leaders have relied on Gerald’s knowledge and experience to navigate the extremely complex and diverse regulation of the Florida insurance industry. 11.D.3 Packet Pg. 447 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 20 Gerald’s clients are among the largest insurers and the most politically powerful business and insurance associations in Florida and nationally. Their long-standing relationships with Gerald are a testament to his extensive knowledge and leadership in the political arena. Gerald began his career in 1975 at the Florida Department of Insurance, where he spent 12 years in insurance regulation serving in various management positions, including 4 years as Chief of the regulatory staff. Gerald graduated from Florida State University with a B.S. in Accounting and a Master’s in Public Administration. Chris Schoonover | Governmental Consultant Chris Schoonover, Esq., is a consultant at Capital City Consulting, bringing to the firm several years of state government experience in both the legislative and executive branches. Chris’ meticulous attention to detail and grasp of policy, provides the necessary foundation to understand each client’s issues, down to the specifics. His experience, knowledge of education policy, and his relationships with education policy makers and staff allow Chris to deliver unrivaled results for his education clients. Additionally, Chris’ understanding of the following business areas allows him to provide the necessary expertise for his clients to succeed: education policy and appropriations, information technology, appropriations, insurance and financial services, insurance regulation, healthcare and human services, and business regulation. Regardless of the business area, Chris dedicates himself to understanding each client’s goals and objectives, developing a strategy for success, and executing the strategy across the finish line. Chris began his career in the Florida House of Representatives Healthcare Services Policy Committee. His experience in the Florida Legislature also includes service in the House Rules & Calendar Council and the House Health & Family Services Policy Committee, where he served as a staff attorney assisting in numerous healthcare policy issues including access to care and quality of service. In addition to his legislative experience, Chris gained executive branch experience as a law clerk with the Florida Department of Business and Professional Regulation and in the office of Governor Jeb Bush. A native of Orange Park, Florida, Chris graduated with a B.S. in Biochemistry and Chemistry, a Master’s in Political Science and a J.D. from Florida State University. Chris served as FSU’s Student Body President and as a member of the State University System Board of Governors and the FSU Board of Trustees. Chris resides in Tallahassee with his wife, daughter and twin boys. 11.D.3 Packet Pg. 448 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 21 Ashley Kalifeh | Governmental Consultant Ashley Kalifeh, Esq., is a consultant at Capital City Consulting bringing experienced lobbying in the private sector, as well as overseeing insurance and financial services issues before the Florida Legislature and Cabinet. Ashley began her career working in the Florida Senate Education Committee as an analyst. She then practiced law at a large Tallahassee law firm. She was then recruited to serve as the Legislative Affairs Director for Florida’s Chief Financial Officer. During her tenure at the Department of Financial Services, she was promoted to Deputy Chief Financial Officer, with responsibility for the offices of Legislative Affairs, Cabinet Affairs, Policy & Research, and Strategic Planning. While at the Department of Financial Services, Ashley led a team responsible for the successful passage of reforms to the laws governing insurance agents, agencies, and adjusters; insurer insolvency proceedings; state contracting; fire prevention and safety; unclaimed property distribution; and, several workers’ compensation system reforms. Ashley also helped lead the Department’s efforts in combating insurance fraud in the workers’ compensation, property, and personal injury protection insurance marketplaces, and was instrumental in the passage of those particular legislative reforms. Outside of her legislative responsibilities, Ashley managed the Cabinet Affairs team, advising the Chief Financial Officer on matters of policy before the Florida Cabinet, Financial Services Commission, and the Board of Trustees for the State Board of Administration and Internal Improvement Trust Fund. These matters included investment of Florida Retirement System funds, the acquisition and sale of public lands, and state purchasing procedures. Finally, overseeing the Policy and Strategic Planning offices, Ashley created and managed various special projects, such as the creation of an online economic dashboard, a quarterly economic and financial publication, business research surveys and reports, and departmental performance measurement monitoring. Before joining the Department, Ashley represented several property, casualty, and medical malpractice insurers. In addition to legislative lobbying, she concentrated on insurance defense and administrative law, and co-authored several amicus briefs on behalf of business and healthcare clients. Ashley is a graduate of Peabody College at Vanderbilt University and Florida State University’s College of Law. The Florida Trend has recognized her twice as one of Florida’s top government attorneys. 11.D.3 Packet Pg. 449 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 22 Ken Granger | Governmental Consultant Ken Granger is a consultant at Capital City Consulting bringing 15 years of extensive public sector experience in administration, technology and procurement to the firm in addition to his private sector experience. During his time in state government, he served as Deputy Chief of Staff and Policy Director for Governor Charlie Crist and Chief of Staff and Deputy Secretary for the Department of Management Services, among other positions. As the Governor’s Deputy Chief of Staff, Ken oversaw numerous government agencies, including the Department of Health, Agency for Health Care Administration, Department of State, Department of Community Affairs, Agency for Persons with Disabilities, and Florida’s Energy and Climate Commission. As the Governor’s Policy Director, Ken directed executive policy and budget issues that were adopted by the Florida Legislature. In addition, he briefed the Governor and recommended substantive policy and budget changes to legislation under consideration for becoming law upon the Governor’s approval. Previously, Ken served as the Chief of Staff, Deputy Secretary and Chief Information Officer for the Department of Management Services. During his time at the Department of Management Services he specifically focused on administration, procurement, facilities and technology. Because of Ken’s in-depth understanding of procurement and state policies, he is uniquely positioned to help our clients navigate the detailed processes of state government to achieve their goals. Prior to joining state government, Ken was a senior strategic consultant and project manager for a leading technology firm. Ken holds a B.S. in Management Information Systems from Florida State University and is a certified Project Management Professional. Ken resides in Tallahassee with his wife, daughter and son. Scott Ross | Governmental Consultant Scott Ross, Esq., represents clients on a variety of issues before the Florida Legislature, Cabinet, agencies, and other governmental entities. Scott has extensive government experience serving as the Deputy Secretary at the Florida Department of Business and Professional Regulation where he served as the chief regulator for Gaming, Alcoholic Beverages and Tobacco, Hotels and Restaurants, and Condominiums, Timeshares, and Mobile Homes. He also possesses significant private sector experience serving as Director of Government Relations for one of the world’s largest gaming and entertainment companies, as well as serving as the Executive Director of the Florida Student Association, an education association comprised 11.D.3 Packet Pg. 450 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 23 of more than 300,000 members across the state of Florida. Scott's public and private sector experience makes him well poised to represent clients on a wide variety of issues and provide expert analysis and professional representation. Scott is a 2001 graduate of Nova Southeastern University School of Law and a 1998 graduate of the Florida State University where he was an inductee into the university’s Senior Hall of Fame. Scott, and his wife Ashley live in Tallahassee, Florida with their daughter Kendall. Dean Izzo | Governmental Consultant Dean Izzo is a consultant at Capital City Consulting, bringing his expertise from many years in IT consulting and operations management. Dean joins Capital City Consulting from the Florida Department of Economic Opportunity (DEO), having been at the department since its creation and most recently serving as the Chief of Staff. As the Chief of Staff, Dean represented the department’s views on policy decisions and oversaw each of DEO’s divisions and programs, cabinet affairs, communications and external affairs offices. Prior to serving as Chief of Staff at DEO, Dean also served as Chief Financial Officer, where he was responsible for managing the department’s $1.3 billion budget and oversaw the department’s budget management, financial management, financial monitoring, human resource management and general services bureaus. Dean also previously served as Chief Information Officer of DEO, where he was responsible for strategic management and operational oversight of the department’s IT resources, systems and services. Prior to his time at DEO, Dean served as Director of Real Estate for the Florida Department of Management Services, where he oversaw approximately 55 million square feet of commercial property, managed the state’s construction management and leasing program, and provided strategic and technical management of Florida’s real estate holdings and assets. Additionally, Dean previously served as Vice President of Operations in the retail banking division at JP Morgan Chase Bank, as a consultant and project manager at IBM, and as Chief Information Officer at Florida Department of Community Affairs. Dean graduated from Georgia State University with a degree in Real Estate/Finance. Dean has also earned a Florida Certified Contract Negotiator Certification, as well as a Project Management Professional Certification from the Project Management Institute. Dean resides in Tallahassee with his wife, Chollet, daughter, Jenna Long, and son, Colby. 11.D.3 Packet Pg. 451 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) ___________________________________________________________________________ Collier County RFP No: 17-7186, State Lobbying Services Capital City Consulting, LLC 24 Evaluation Criteria No. 7: Local Vendor Preference N/A 11.D.3 Packet Pg. 452 Attachment: 3_Capital_City_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 11.D.4 Packet Pg. 453 Attachment: 4_Smith_Bryan_&_Myers_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 11.D.4 Packet Pg. 454 Attachment: 4_Smith_Bryan_&_Myers_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 11.D.4 Packet Pg. 455 Attachment: 4_Smith_Bryan_&_Myers_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 11.D.4 Packet Pg. 456 Attachment: 4_Smith_Bryan_&_Myers_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 11.D.4 Packet Pg. 457 Attachment: 4_Smith_Bryan_&_Myers_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 11.D.4 Packet Pg. 458 Attachment: 4_Smith_Bryan_&_Myers_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 11.D.4 Packet Pg. 459 Attachment: 4_Smith_Bryan_&_Myers_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 11.D.4 Packet Pg. 460 Attachment: 4_Smith_Bryan_&_Myers_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 11.D.4 Packet Pg. 461 Attachment: 4_Smith_Bryan_&_Myers_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 11.D.4 Packet Pg. 462 Attachment: 4_Smith_Bryan_&_Myers_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 11.D.4 Packet Pg. 463 Attachment: 4_Smith_Bryan_&_Myers_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 11.D.4 Packet Pg. 464 Attachment: 4_Smith_Bryan_&_Myers_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 11.D.4 Packet Pg. 465 Attachment: 4_Smith_Bryan_&_Myers_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 11.D.4 Packet Pg. 466 Attachment: 4_Smith_Bryan_&_Myers_Proposal (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) 2 3 4 5 6 7 8 9 Co~rer County ~ Admin istrative Services Division PrOaJrement Services SUMMARY OF PROPOSERS !RFP #: 17-7186 !Title: State Lobbying Services !Solicitation Post Date: 7/21/2017 !Due Date: 8/21/2017 !Email Notices Sent: 156 !Solicitations Downloaded: 31 Proposers Ballard Partners, Inc . Becker & Poliakoff, PA Buchanan Ingersoll & Rooney PC Capital City Consulting, LLC Carlton Fields Mark Anderson Governmental Consulting Pittman Law Group, PL Ronald L. Book PA and Southern Strategy Group of Miami , LLC Smith, Bryan & Myers, lnc. Opened By: Witnessed by : Date: City State Tallahassee FL Naples FL Ft. Myers FL Tallahassee FL Tallahassee FL Tallahassee FL Tallahassee FL Coral Gables FL Tallahassee FL Brenda Brilhart Rhonda Bums 8/2 1/2 017 11.D.5 Packet Pg. 467 Attachment: 5_Summary_of_Proposers (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 1 of 19 SERVICE PROVIDER AGREEMENT Contract# 17-7186 Professional State Lobbyist Services This SERVICE PROVIDER AGREEMENT is made and entered into this ______day of ___________, 2017, between the Board of County Commissioners of COLLIER COUNTY, a political subdivision of the State of Florida hereinafter referred to as the “COUNTY” and __________________________, whose address is: _______________________________, hereinafter referred to as the “PROVIDER.” WITNESSETH WHEREAS, the COUNTY desires to obtain the Lobbyist services of said PROVIDER as further described herein; and, WHEREAS, the PROVIDER hereby certifies that it has been granted and possesses valid, current licenses to do business in the State of Florida and in Collier County, Florida, issued by the respective State Board and Government Agencies responsible for regulating and licensing the services to be provided and performed by the PROVIDER pursuant to this Agreement; and, WHEREAS, the PROVIDER has reviewed the services required pursuant to Request for Proposal (RFP) #17-7186 and this Agreement and is qualified, willing and able to provide and perform all such services in accordance with the provisions, conditions and terms hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing, and the terms and provisions as contained herein, the parties agree that a Contract shall exist between them consisting of the following: ARTICLE 1.0 - SCOPE OF SERVICES. PROVIDER hereby agrees to provide and perform the Services required as set forth in RFP #17-7186 and EXHIBIT “A,” entitled “BASIC SERVICES,” which are incorporated herein and made a part of this Agreement. 11.D.6 Packet Pg. 468 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 2 of 19 ARTICLE 2.0 – DEFINITIONS. 2.1 COUNTY shall mean the Board of County Commissioners of Collier County, a political subdivision of the State of Florida, and all officials and employees. 2.2 PROVIDER shall mean the individual, firm or entity offering services which, by execution of th is Agreement, shall be legally obligated, responsible, and liable for providing and performing any and all of the services, work and materials, including services and/or the work of sub -contractors, required under the covenants, terms and provisions contained in this Agreement. 2.3 SERVICES shall mean all services, work, materials, and all related professional, technical and administrative activities that are necessary to perform and complete the services required pursuant to the terms and provisions of this Agreement. 2.4 ADDITIONAL SERVICES shall mean any additional services that the COUNTY may request and authorize, in writing, which are not included in the Scope of Services as set forth in Article 1.0 above. 2.5 CHANGE ORDER or AMENDMENT shall mean a written document executed by both parties to this Agreement setting forth such changes to the Scope of Services or Terms and Conditions as may be requested and authorized in writing by the COUNTY in accordance with Procurement Ordinance and Procedures in effect at the time of the change. ARTICLE 3.0 – OBLIGATIONS OF THE PROVIDER. The obligations of the PROVIDER with respect to all the Basic Services and Additional Services authorized pursuant to this Agreement shall include, but not be limited to the following: 3.1 LICENSES. The PROVIDER agrees to obtain and maintain throughout the terms of this Agreement shall such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, licenses required by the respective State Boards and other governmental agencies responsible for regulating and licensing the services provided and performed by the PROVIDER. 3.2 QUALIFIED PERSONNEL. The PROVIDER agrees that when the services to be provided and performed relate to a professional service(s) which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice such services, to employ and/or retain only qualified personnel to be in charge of all Basic Services and Additional Services to be provided pursuant to this Agreement. 11.D.6 Packet Pg. 469 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 3 of 19 3.3 STANDARDS OF PROFESSIONAL SERVICE. The PROVIDER agrees to provide and perform all services pursuant to this Agreement in accordance with generally accepted standards of professional practice and, in accordance with the laws, statutes, ordinances, codes, rules, regulations and requirements of governmental agencies which regulate or have jurisdiction over the services to be provided and/or performed by the PROVIDER. 3.4 CORRECTION OF ERRORS, OMISSIONS OR OTHER DEFICIENCIES. (1) Responsibility to Correct. The PROVIDER agrees to be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all data, studies, reports, memoranda, other documents and other services, work and materials performed, provided, and/or furnished b y PROVIDER. The PROVIDER shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in such data, studies and other services, work and materials resulting from the negligent act, errors or omissions or intentional misconduct of PROVIDER. (2) County’s Approval Shall Not Relieve Provider of Responsibility. Neither review, approval, nor acceptance by COUNTY of data, studies, reports, memoranda, and incidental professional services, work and materials furnished hereunder by the PROVIDER, shall in any way relieve PROVIDER of responsibility for the adequacy, completeness and accuracy of its services, work and materials. Neither the COUNTY’S review, approval or acceptance of, nor payment for, any part of the PROVIDER'S services, work and materials shall be construed to operate as a waiver of any of the COUNTY’S rights under this Agreement, or any cause of action it may have arising out of the performance of this Agreement. 3.5 LIABILITY - PROVIDER TO HOLD COUNTY HARMLESS. The PROVIDER shall be liable and agrees to be liable for, and shall indemnify, defend and hold the COUNTY harmless for any and all claims, suits, judgments or damages, losses and expenses including court costs, expert witness and professional consultation services, and attorneys’ fees arising out of the PROVIDER’S errors, omissions, and/or negligence. The PROVIDER shall not be liable to, nor be required to indemnify the COUNTY for any portions of damages arising out of any error, omission, and/or negligence of the COUNTY, its employees, agents, or representatives. 3.6 NOT TO DIVULGE CERTAIN INFORMATION. PROVIDER agrees, during the term of this Agreement, not to divulge, furnish or make available to any third person, firm, or organization, without the COUNTY’S prior written consent, or unless incident to the proper performance of PROVIDER’S 11.D.6 Packet Pg. 470 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 4 of 19 obligations hereunder. or as provided for or required by law, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed; any non-public information concerning the services to be rendered by PROVIDER, and PROVIDER shall require all of its employees and sub-contractor(s) to comply with the provisions of this paragraph. 3.7 COMPLIANCE WITH PUBLIC RECORDS LAW. By executing and entering into this Agreement, the PROVIDER (“Contractor”) agrees to comply, at its own expense, with the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated below: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency’s custodian of public records, provide the public agency 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 public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public 11.D.6 Packet Pg. 471 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 5 of 19 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 public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 3.8 RESPONSIBILITY FOR ESTIMATES. In the event the services required pursuant to this Agreement include the PROVIDER preparing and submitting to the COUNTY any cost estimates, the PROVIDER, by exercise of his experience and judgment shall develop its best cost estimates and shall be held accountable, responsible and liable for the accuracy, completeness, and correctness of any and all such cost estimates to the extent provided hereafter. 3.9 ADDITIONAL SERVICES. Should the COUNTY request the PROVIDER to provide and perform professional services under this contract which are not set forth in EXHIBIT “A,” the PROVIDER agrees to provide and perform such ADDITIONAL SERVICES as may be agreed to in writing by both parties to this Agreement. ADDITIONAL SERVICES shall be administered and executed as “CHANGE ORDER(S)” or “AMENDMENT(S)” under the Agreement. The Provider shall not provide or perform, nor shall the COUNTY incur or accept any obligation to compensate the PROVIDER for any ADDITIONAL SERVICES, unless the parties shall execute a written CHANGE ORDER or AMENDMENT. Each such CHANGE ORDER or AMENDMENT shall set forth a description of (1) the Scope of the ADDITIONAL SERVICES requested; (2) the basis of compensation; and (3) the period of time and/or schedule for performing and completing the ADDITIONAL SERVICES. ARTICLE 4.0 - COMPENSATION AND METHOD OF PAYMENT. 4.1 BASIC SERVICES. The COUNTY shall pay the PROVIDER for all requested and authorized basic services rendered hereunder by the PROVIDER and completed in accordance with the requirements, provisions, and/or terms of this Agreement as set forth in Exhibit “B” which is attached hereto and made a part of this Agreement. Total yearly compensation shall not exceed ____________________ Dollars ($****) per year for the scope of work outlined in RFP #17-7186, to be paid in twelve (12) monthly payments of ________________Dollars ($***), without prior written approval from the County Manager, or his designee. 4.2 ADDITIONAL SERVICES. The COUNTY shall pay the PROVIDER for all ADDITIONAL 11.D.6 Packet Pg. 472 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 6 of 19 SERVICES as have been requested and authorized by the COUNTY and agreed to in writing by both parties to this Agreement, and per the terms for compensation and payment of said ADDITIONAL SERVICES as set forth in Section 3.9. 4.3 METHOD OF PAYMENT. (1) Monthly Statement. The PROVIDER shall be entitled to submit no more than one invoice statement to the COUNTY each calendar month covering services rendered and completed during the preceding calendar month. The PROVIDER’S invoice statement(s) shall correspond, to the basis of compensation as set forth in the Agreement or CHANGE ORDER(S) or AMENDMENT(S). The PROVIDER’S invoice statements shall contain a description of service(s) and work provided and/or performed, and, where appropriate, supportive documentation of charges consistent with the basis of compensation set forth in the Agreement or in CHANGE ORDER(S) or AMENDMENT(S). (2) Payment Schedule. The COUNTY shall pay the PROVIDER for the performance of this Agreement upon completion of the work as accepted and approved by the County Manager or his designee pursuant to Exhibit “B,” hereto attached and incorporated herein by reference. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.S. otherwise known as the “Local Government Prompt Payment Act.” 4.4 PAYMENT WHEN SERVICES ARE TERMINATED AT THE CONVENIENCE OF THE COUNTY. In the event of termination of this Agreement at the convenience of the COUNTY, the COUNTY shall compensate the PROVIDER for: (1) all services performed prior to the effective date of termination; (2) any reimbursable expenses then due; and (3) reasonable expenses incurred by the PROVIDER in affecting the termination of services and work, and incurred by the submittal to the COUNTY of any documents. 4.5 PAYMENT WHEN SERVICES ARE SUSPENDED. In the event the COUNTY suspends the PROVIDER'S services or work on all or part of the services required by this Agreement, the COUNTY shall compensate the PROVIDER for all services performed prior to the effective date of suspension and reimbursable expenses then due and any reasonable expenses incurred or associated with, or as a result of such suspension. 4.6 NON-ENTITLEMENT TO ANTICIPATED FEES IN THE EVENT OF SERVICE TERMINATION, SUSPENSION, ELIMINATION, CANCELLATION AND/OR DECREASE IN SCOPE OF SERVICES. In the event the services required pursuant to this Agreement are terminated, 11.D.6 Packet Pg. 473 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 7 of 19 eliminated, canceled, or decreased due to: (1) termination; (2) suspension in whole or in part; and (3) and/or are modified by the subsequent issuance of CHANGE ORDER(S), th e PROVIDER shall not be entitled to receive compensation for anticipated professional fees, profit, general and administrative overhead expenses or for any other anticipated income or expense which may be associated with the services which are terminated, suspended, eliminated, cancelled or decreased. ARTICLE 5.0 - TIME AND SCHEDULE OF PERFORMANCE. 5.1 TIME OF PERFORMANCE. The PROVIDER agrees to complete the Basic Services as listed per Exhibit “A.” Provision of said services shall commence beginning October 1, 2017 and ending on September 30, 2020, with the option of two (2) additional one (1) year renewals. The COUNTY shall give the PROVIDER written notice of the COUNTY’S intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the PROVIDER written notice of the COUNTY’S intention to extend the Agreement term prior to the end of the Agreement term then in effect. 5.2 FAILURE TO PERFORM IN A TIMELY MANNER. Should the PROVIDER fail to commence, provide, perform, and/or complete any of the services and work required pursuant to this Agreement in a timely and diligent manner, the COUNTY may consider such failure as justifiable cause to terminate this Agreement. As an alternative to termination, the COUNTY at its option may, upon written notice to the PROVIDER, withhold any or all payments due and owing to the PROVIDER, not to exceed the amount of the compensation for the work in dispute, until the PROVIDER resumes performance of his obligations in such a manner as to get back on schedule in accordance with the time and schedule of performance requirements as set forth in this Agreement. ARTICLE 6.0 - SECURING AGREEMENT. The PROVIDER warrants that the PROVIDER has not employed or retained any company or person other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement and that the PROVIDER has not paid or agreed to pay any person, company, corporation or firm other than a bona fide employee working solely for the PROVIDER any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 11.D.6 Packet Pg. 474 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 8 of 19 ARTICLE 7.0 - ASSIGNMENT TRANSFER AND SUB-CONTRACTS. The PROVIDER shall not assign or transfer any of its rights, benefits or obligations hereunder, except for transfers that result from: (1) the merger or consolidation of PROVIDER with a third party; or (2) the disestablishment of the PROVIDER’S professional practice and the establishment of the successor PROVIDER. Nor shall the PROVIDER sub-contract any of its service obligations hereunder to third parties without prior written approval of the COUNTY. The PROVIDER shall have the right, subject to the COUNTY’S prior written approval, to employ other persons and/or firms to serve as sub-contractors to PROVIDER in connection with the PROVIDER performing services and work pursuant to the requirements of this Agreement. ARTICLE 8.0 -APPLICABLE LAW. The laws, rules and regulations of the State of Florida, or the laws, rules and regulations of the United States, shall govern this Agreement when providing services funded by the United States government. ARTICLE 9.0 -NON-DISCRIMINATION. The PROVIDER for itself, its successors in interest, and assigns, as part of the consideration thereof, does hereby covenant and agree that in the furnishing of services to the COUNTY hereunder, no person on the grounds of race, color, national origin, handicap, or sex shall be excl uded from participation in, denied the benefits of, or otherwise be subjected to discrimination. Should PROVIDER authorize another person with the COUNTY’S prior written consent, to provide services to the COUNTY hereunder, PROVIDER shall obtain from such person a written agreement pursuant to which such person shall, with respect to the services which he is authorized to provide, undertake for himself the obligations contained in this Section. ARTICLE 10.0 -INSURANCE. 10.1 INSURANCE COVERAGE. (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If PROVIDER has any self-insured retentions or deductibles under any of the below listed minimum required coverage, PROVIDER must identify on the Certificate of Insurance the nature and 11.D.6 Packet Pg. 475 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 9 of 19 amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be PROVIDER’S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage shall be maintained without interruption from the date of commencement of the services until the date of completion by the COUNTY or as specified in this Agreement, whichever is longer. (4) The PROVIDER, within five (5) calendar days from receipt of the COUNTY’S written Notice of Award, shall submit to the COUNTY all such insurance certificates or self-insurance program documentation as are required under this Agreement. In addition, certified, true and exact copies of all insurance policies required shall be provided to COUNTY, on a timely basis, if requested by COUNTY. Such certificates shall contain a provision that coverage afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the COUNTY. PROVIDER shall also notify the COUNTY, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by PROVIDER from its insurer, and nothing contained herein shall relieve PROVIDER of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by PROVIDER hereunder, PROVIDER shall immediately take steps to h ave the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverage of the PROVIDER shall be primary to any insurance or self insurance program carried by the COUNTY applicable to this Agreement. (6) The acceptance by the COUNTY of any Certificate of Insurance does not constitute approval or agreement by the COUNTY that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) PROVIDER shall require each of its subproviders to procure and maintain, until the completion of the subprovider’s services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subprovider are expressly waived in writing by the COUNTY. (8) Should at any time the PROVIDER not maintain the insurance coverage required herein, the COUNTY may terminate the Agreement or at its sole discretion shall be authorized to purchase such 11.D.6 Packet Pg. 476 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 10 of 19 coverage and charge the PROVIDER for such coverage purchased. If PROVIDER fails to reimburse the COUNTY for such costs within thirty (30) days after demand, the COUNTY has the right to offset these costs from any amount due PROVIDER under this Agreement or any other agreement between the COUNTY and PROVIDER. The COUNTY shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. Th e decision of the COUNTY to purchase such insurance coverage shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the PROVIDER shall furnish to the COUNTY, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the COUNTY with such renewal certificate(s) shall be deemed a material breach by PROVIDER and the COUNTY may terminate the Agreement for cause. ARTICLE 11.0 -INSURANCE COVERAGES REOUIRED. (1) The PROVIDER shall obtain and maintain the following insurance coverage’s: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $100,000 for each accident. D. Professional Liability: Shall be maintained by the Provider to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Provider waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. 11.D.6 Packet Pg. 477 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 11 of 19 Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an “Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Provider’s policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Provider during the duration of this Agreement. The Provider shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Provider shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Provider from its insurer, and nothing contained herein shall relieve Provider of this requirement to provide notice. Provider shall ensure that all subcontractors comply with the same insurance requirements that the Provider is required to meet. ARTICLE 12.0 - DUTIES AND OBLIGATIONS IMPOSED ON THE PROVIDER. The duties and obligations imposed upon the PROVIDER by this Agreement and the rights and remedies available hereunder shall be in addition to, and not a limitation of, any otherwise imposed or available by law or statute. ARTICLE 13.0 - OWNERSHIP AND TRANSFER OF DOCUMENTS. All documents such as payment records, notes, computer files, evaluations, reports and other records and data relating to the services specifically prepared or developed by the PROVIDER under this Agreement shall be the property of the PROVIDER until the PROVIDER has been paid for performing the services and work required to produce such documents. Upon completion or termination of this Agreement, all of the above documents to the extent requested by the COUNTY shall be delivered to the COUNTY or to any subsequent PROVIDER within thirty (30) calendar days. 11.D.6 Packet Pg. 478 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 12 of 19 The PROVIDER, at its expense, may make and retain copies of all documents delivered to the COUNTY for reference and internal use. ARTICLE 14.0 - MAINTENANCE OF RECORDS. The PROVIDER will keep and maintain adequate records and supporting documentation applicable to all of the services, work, information, expense, costs, invoices and materials provided and performed pursuant to the requirements of this Agreement. Said records and documentation will be ret ained by the PROVIDER for a minimum of five (5) years from the date of termination of this Agreement, or for such period as required by law. The COUNTY and its authorized agents shall, with reasonable prior notice, have the right to audit, inspect and copy all such records and documentation as often as the COUNTY deems necessary during the period of this Agreement, and during the period as set forth in the paragraph above; provided, however, such activity shall be conducted only during nom1al business hours of the PROVIDER and at the expense of the COUNTY. ARTICLE 15.0 – HEADINGS. The headings of the Articles, Sections, Exhibits, and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions contained in such Articles, Section, Exhibits and Attachments. ARTICLE 16.0 - ENTIRE AGREEMENT This Agreement, including the referenced Exhibits and Attachments, constitutes the entire Agreement between the parties and shall supersede all prior agreements or understandings, written or oral, relating to the matters set forth herein. ARTICLE 17.0 - NOTICES AND ADDRESS. 17.1 NOTICES BY PROVIDER TO COUNTY All notices required and/or made pursuant to this agreement to be given to the PROVIDER to the COUNTY shall be in writing and shall be given by the United States Postal Service or faxed to the following COUNTY address of record: 11.D.6 Packet Pg. 479 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 13 of 19 Collier County Manager’s Office 3299 Tamiami Trail East, Suite 202 Naples, FL 34112 Attention: Mr. Leo Ochs Fax: 239-252-4010 Tel: 239-252-8383 17.2 NOTICES BY AUTHORITY TO PROVIDER. All notices required and/or made pursuant to this Agreement to be given by the COUNTY to the PROVIDER shall be made in writing and shall be given by the United States Postal Service or faxed to the following PROVIDER'S address of record: ****** ****** Telephone: ****** Email: ****** 17.3 CHANGE OF ADDRESS. Either party may change its address and/or fax number by written notice to the other party given in accordance with the requirements of this Article. ARTICLE 18.0 -TERMINATION. This Agreement may be terminated by the COUNTY at its convenience, or due to the fault of the PROVIDER, by giving thirty (30) calendar days written notice to the PROVIDER The PROVIDER may request that this Agreement be terminated by submitting a written n otice to the COUNTY dated not less than thirty (30) calendar days prior to the requested termination date and stating the reason(s) for such a request. However, the COUNTY reserves the right to accept, or not accept the termination request submitted by the PROVIDER, and no such termination request submitted by the PROVIDER shall become effective until PROVIDER is notified, in writing, by the COUNTY of its acceptance. If the PROVIDER is adjudged bankrupt or insolvent; if it makes a general assignment for the benefit of its creditors; if a trustee or receiver is appointed for the PROVIDER or for any of its property; or if it files a petition to take advantage of any debtor’s act or to reorganize under the bankruptcy or similar laws; or if it disregards the authority of the COUNTY’S designated representatives; or if it otherwise violates any provisions of this Agreement; or for any other just cause, 11.D.6 Packet Pg. 480 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 14 of 19 the COUNTY may, without prejudice to any other right or remedy, and after giving the PROVIDER written notice, terminate this Agreement. ARTICLE 19.0 - MODIFICATIONS Modifications to the terms and provisions of this Agreement shall only be valid when issued in writing as a properly executed CHANGE ORDER or AMENDMENT. In the event of any conflicts between the requirements, provisions, and/ or terms of this Agreement and any written CHANGE ORDER or AMENDMENT, the CHANGE ORDER or AMENDMENT shall take precedence. ARTICLE 20.0 -ACCEPTANCE. Acceptance of this Agreement shall be indicated by the signature of the duly authorized representative of the parties in the space provided. ARTICLE 21.0 - CONFLICT OF INTEREST. As a condition of this AGREEMENT, PROVIDER shall provide a list of any bus inesses and/or organizations to whom the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the COUNTY as a conflict of interest. PROVIDER must also include the following information: (1) Provide full disclosure of information on any work performed for private interests within the past (2) years, which may be in conflict with the work to be performed for the COUNTY under this Agreement, especially work that is not yet completed. (2) Declaration of commitment not to pursue any private sector work within the limits of the COUNTY contract or directly affected by the COUNTY Agreement. PROVIDER represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. PROVIDER further represents that no persons having any such interest shall be employed to perform those services. By signing this AGREEMENT, a principal of the firm certifies that the firm will comply fully with the provisions of this section. 11.D.6 Packet Pg. 481 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 15 of 19 ARTICLE 22.0 - SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. ARTICLE 23.0 - COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: RFP #17-7186, Provider’s Proposal, Insurance Certificate(s), Exhibits A and B. (remainder of the page is intentionally left blank) 11.D.6 Packet Pg. 482 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 16 of 19 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:_____________________________ By: ________________________________ Penny Taylor, Chairman Dated: __________________________ (SEAL) Provider’s Witnesses: _____________________________ First Witness _____________________________ Type/print witness name _____________________________ Second Witness ______________________________ Type/print witness name PROVIDER: _________________ By: _______________________________ Signature __________________________________ Type/print signature and title ________________ Date Approved as to Form and Legality: _______________________________ Deputy County Attorney _______________________________ Print Name 11.D.6 Packet Pg. 483 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 17 of 19 EXHIBIT “A” BASIC SERVICES GENERAL SCOPE STATEMENT The Provider shall provide and perform the following professional services which shall constitute the GENERAL SCOPE of the SERVICES under the covenants, terms, and provisions of this SERVICE PROVIDER AGREEMENT. The Provider will present Collier County’s interests before the Florida Legislature and the Executive Branch of State of Florida government. The Provider will represent and advocate the legislative positions and platforms on behalf of Collier County government to ensure that the County’s interests and issues are best addressed through state lobbying services. Provider shall perform the following services, including but not limited to:  Meet and work with County staff to recommend, review, critique and prioritize proposed legislative priorities ahead of the legislative sessions;  Participate in presenting the proposed legislative priorities to the BCC;  Devise and faithfully execute strategies that accomplish the legislative goals and priorities of the BCC;  Monitor legislative activity that could materially impact Collier County and suggest the most effective approach in achieving the best outcome for the County;  Provide written weekly updates during session on issues that are important to Collier County;  Secure sponsors for bills and amendments that further the legislative goals and priorities of the County;  Lobby for or against bills to achieve the legislative goals and priorities of the County;  Coordinate and participate in meetings with individual lawmakers and County representatives;  Engage the Governor’s Office and State agencies, as necessary, to achieve the goals and objectives of Collier County;  Promptly notify the County’s Government Affairs staff of any potential or actual conflicts of interest arising from the lobbying firm’s legislative efforts;  Monitor and report on the rulemaking process when it could potentially materially impact the County; and  Aggressively pursue and report on the funding opportunities that would benefit Collier County. The Provider should have experience, but not limited to, in the following areas:  Research Airports & Aviation, include management, organization, administration, economic development opportunities.  Research Beach Renourishment permitting (streamlining) at state and federal levels.  Research Oil and Mining Rights of all property in Collier County. Need to know location and ownership of all mineral rights. Identify tax revenue Collier County is 11.D.6 Packet Pg. 484 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 18 of 19 entitled to. Provide legal issues and suggested course of action in pursuit of mineral rights on all properties.  Research Permitting Agencies and recommend simplifying rules and regulations to facilitate project progress on a more reasonable schedule.  Research Mitigation Banking and provide legal perspective and guidance.  Research Administrative Rules for local government, including processes and procedures.  Research Transportation Projects, like All Aboard Florida (transit) and the Heartland Expressway, and possibilities for industrial development in Immokalee and particularly at the Immokalee Airport if both FDOT projects are fully developed and become functioning mobility modes.  Be available for Special Projects through the County Manager’s Office. The County will not be restricted to utilizing, on an exclusive basis, the services of the Provider. The County may, at times, need additional specialized lobbying services, which may be solicited on an independent basis. The Provider will meet with the County Manager, or his designee, to have their work plan assigned. The County Manager, or his designee, will have the sole discretion and direction the Provider will perform on Collier County’s behalf. 11.D.6 Packet Pg. 485 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186) Page 19 of 19 EXHIBIT “B” COMPENSATION AND METHOD OF PAYMENT Section 1. BASIC- SERVICES/TASK The COUNTY shall compensate the PROVIDER for providing and performing the Task set forth and enumerated in EXHIBIT “A,” entitled “BASIC SERVICES,” as follows: TASK TITLE COMPENSATION NOT-TO-EXCEED Lobbyist Services $_________ per month (inclusive of all costs) $_______per year (inclusive of all costs) Compensation shall be inclusive of all costs. Payment shall be full compensation for all services, labor, tools, equipment, travel and any other items required for project completion and/or completion of services. Compensation of _______________________Dollars ($_____________) per year shall remain in effect for a period of one (1) year from the date of award by the Board of County Commissioners. Section 2. ADDITIONAL SERVICES The COUNTY shall compensate the PROVIDER for such ADDITIONAL SERVICES as are requested and authorized in writing for such amounts or on such a basis as may be mutually agreed to in writing by both parties to this Agreement. The basis and/or amount of compensation to be paid to the PROVIDER for ADDITIONAL SERVICES requested and authorized in writing by the COUNTY shall be as set forth in Article 3.9 of this Agreement. 11.D.6 Packet Pg. 486 Attachment: 6_Agreement_Draft (3742 : Recommendation to select a State lobbying firm per RFP #17-7186)