Agenda 06/24/2008 Item #16F 4
Agenda Item No. 16F4
June 24, 2008
Page 1 of 20
EXECUTIVE SUMMARY
Recommendation to approve the negotiated annual contract with The
Ferguson Group for federal lobbying services.
OBJECTIVE: To engage The Ferguson Group to provide lobbying services for
Collier County in order to match the community's specific infrastructure
requirements, needs and eligibility with available federal funding opportunities.
CONSIDERATION: The Board of County Commissioners (BCC) on May 13,
2008, approved Agenda Item 16 F 10, which was to waive formal competition
and authorize staff to negotiate a new federal lobbyist services contract with The
Ferguson Group, which is a professional Washington, D.C.-based lobbying firm
that has provided services to the BCC and county staff since August, 2005.
Negotiations have been completed with the firm, and a contract has been
negotiated in the amount of $107,000 annually, which is the same as the current
contract, as staff requested of the firm due to the constraints of the challenging
economic climate.
~
FISCAL IMPACT: The total cost of the newly negotiated annual contract with
The Ferguson Group is $107,000. Funds for the federal lobbyist contract are
available in the County Manager Board-Related Costs budget, General Fund
(001).
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this executive summary.
RECOMMENDATION: That the Board of County Commissioners approves the
negotiated contract with The Ferguson Group and authorizes the Chairman to
sign the contract after review by the County Attorney.
PREPARED Bv: Debbie Wight, Assistant to the County Manager
Agenda Item No. 16F4
June 24, 2008
Page 2 of 20
SER VICE PROVIDER AGREEMENT
Federal Lobbyist Service
This SERVICE PROVIDER AGREEMENT is made and entered into this _day of ,2008, between
the Board of County Commissioners of COLLIER COUNTY, a political subdivision of the STATE OF FLORIDA
hereinafter referred to as the "COUNTY" and The Ferguson Group, LLC. whose address is 1130 Connecticut
Avenue, N. W. Suite 300, Washington, D.C. 20036, 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 10 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 PROV! DER
pursuant to this Agreement; and,
WHEREAS, the PROVIDER has reviewed the services required pursuant to 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 tenns and provisions as contained herein, the
parties agree that a Contract shall exist between them consisting ofthe following:
ARTICLE 1.0 -SCOPE OF SERVICES
PROVIDER hereby agrees to provide and perform the Services required as set forth in EXHIBIT "A", entitled
"SCOPE OF SERVICES", which is attached hereto and made apart of this Agreement.
Agenda Item No. 16F4
June 24, 2008
Page 3 of 20
ARTICLE 2.0 -DEFINIT10NS
2.1 COUNTY shall mean the Board of County Commissioners of Collier County, a political suhdivision ofthe State
of Florida, and all officials and employees.
2.2 PROVIDER shall mean the individuaL firm or entity offering services which, by execution of this 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 perfonn and complete the services required pursuant to the terms and provisions of
this Agreement.
2.4 ADDITIONAL SERVICES shall mcan any additional serviccs 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 as may be requested and authorized in writing by the COUNTY.
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 obtatn and maintain throughout the terms of this Contract all 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 perfol1ncd by the PROVIDER.
3.2 QUALIFIED PERSONNEL. The PROVIDER agrees that when the services to be provided and perfonned relate
to a professional service(s) which, under Florida Statutes. requires a license. cettificate of authorization. or other
form oflegal 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 pw'suant to this Agreement.
3.3 STANDARDS OF PROFESSIONAL SERVICE. The PROVIDER agrecs to provide and perform all services
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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 regulale or have jurisdiction over the services to be provided and/or performed by the PROVIDER.
3.4 CORRECTION OF ERRORS, OMISSIONS OR OTHER DEF1CIENCIES
(I) Responsibility to Correct. The PROVIDER agrees to be responsible for the professional quality,
teclmical adequacy and accuracy, timely completion, and the coordination ofal! data, studies. reports, memoranda,
other documents and other services, work and materials performed, provided, and/or furnished by 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
intenlional misconducl of PROVIDER.
(2) County's Aooroval ShaH Not Relieve Provider of ResoonsibiHtv. Neither review, approval, nor
acceptance by COUNTY of data, studies, reports, memoranda, and incidental professional services, work and
materiats furnished hereunder by the PROVIDER, shall in any way relieve PROVIDER of responsibility for the
adequacy, completeness and accuracy oflts 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 I 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 INFORMAT10N. 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 ofPROYIDER'S 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 infonnation concerning the services to be rendered by PROVIDER, AND PROVIDER
shall require all of its employees and sub-contractor(s) 10 comply with the provisions of this paragraph.
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3.7 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.
3.8 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 perfonn
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 ORDERS" 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.
Each such CHANGE ORDER shall set forth a description of (I) the Scope ofthe ADDITIONAL SERVICES
requested; (2) the basis of compensation; and (3) the period oftime and/or schedule for performing and completing
the ADDITIONAL SERVICES.
ARTICLE 4.0 -COMPENSA TION 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 Agreemenl as set forth in Exhibit BE" which is attached hereto and made a part of this Agreement. Total
yearly compensation shall not exceed One Hundred Seven Thousand dollars ($107,000) per year without prior
written approval from the County Manager or his designee. Yearly compensation shall not increase in an amount
greater than five percent (5%) of the previous year's compensation.
4.2 ADDlTIONAL SERVICES. The COUNTY shall pay the PROVIDER for all ADDITIONAL SERVICES as
have been requested and authorized by the COUNTY and agrecd to in writing by both parties to this Agreement, and
according to the tcrms for compcnsation and payment of said ADDITIONAL SERVICES as set forth in Section 3.8,
4.3 METHOD OF PAYMENT
(I) Monthlv Statement. The PROVIDER shall be entitled to submit not more than one invoice statement to
tile COUNTY each calendar month covering services rendered and completed during the preceding calendar monlh.
The PROVIDER'S invoice statement{s) shall be itemized to correspond. to the basis of compensation as set forth in
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the Agreement or CHANGE ORDER(S). The PROVIDER'S invoice statements shall conlau) a breakdown of
charges, 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).
(2) Pavmenl Schedule. The COUNTY shall pay the PROVIDER for the performance of this Agreement
upon completion of the work as accepted and approved by the Deputy County Manager or their designee pursuant 10
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 lhe
PROVIDER for: (I) all services performed prior to the effective date of termination; (2) reimbursable e;q)enses then
due; and (3) reasonabte expenses incuTI'ed 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, ELlMINA TION, CAN CELLA TION AND/OR DECREASE IN SCOPE OF SERVICES. In the
event the services required pursuant to this Agreement are terminated, eliminated, canceled, or decreased due to: (f)
termination; (2) suspension in whole or in part; and (3) and/or are modified by the subsequent issuance of CHANGE
ORDER(S), the PROVIDER shall not be entitled 10 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.] NOTICE TO PROCEED. Following lhe execution of this Agreement by bOlh parties, and after the PROVIDER
has complied with the insurance requirements set forth hereinafter, the COUNTY shall issue the PROVIDER a
WRITTEN NOTICE TO PROCEED. Following the issuance of such NOTICE TO PROCEED the PROVIDER
shall be authorized to commence work and the PROVIDER thereafter shall commencc work promptly and shall
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carry on all such services and work as may be required in a timely and diligent marmer to completion.
5.2 TIME OF PERFORMANCE. The PROVIDER agrees to complele the Basic Services as listed per Exhibit "A".
Provision of said services shall commence beginning August L 2008 and ending on July 3 1. 2010 with the option of
renewal for five (5) additional one (I )-year renewals.
Should the PROVIDER be obstructed or delayed in the prosecution or completion of its obligations under this
Agreement as a result of causes beyond-lhe control of the PROVIDER, or its sub-consultant(s) and/or sub-
contractor(s). and not due to their fault or neglect, the PROVIDER shall notify the COUNTY. in writing, within five
(5) calendar days after the commencement of such delay, stating the cause(s) thereof and requesting an exlension of
the PROVIDER'S time of performance.
Upon receipt ofthe PROVIDER'S request for an extension oftime, lhe COUNTY shall grant the extension if the
COUNTY determines the delay(s) encountered by the PROVIDER, or its sub-consultant(s) and/or sub-contractor(s),
is due to unforeseen causes and not attributable to their fault or neglect.
5.3 PROVIDER WORK SCHEDULE. The PROVIDER shall be required as a condition of this Agreement to
prepare and submit to the COUNTY, on a monthly basis, commencing with the issuance of the NOTICE TO
PROCEED, a PROVIDER'S WORK SCHEDULE. The WORK SCHEDULE shall set forth the time and manpower
scheduled for all of the various tasks required to provide, perform and complete all of the services and work required
for completion of the various tasks of the project services as set forth in EXH1BIT "A", pursuant to this Agreement
in such a manner that the PROVIDER'S planned and actual work progress can be readily determined. The
PROVIDER'S WORK SCHEDULE of planned and actual work progress shall be updated and submitted by the
PROVIDER to the COUNTY on a monthly basis.
5.4 FAILURE TO PERFORM IN A TlMEL Y MANNER Should the PROVIDER fail to commence, provide,
perfonn, 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, wilhhold any or all
payments due and owing to the PROVIDER, not to exceed the amount of the compensation for the work in dispute,
until such time as 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
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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.
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: (I) 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
suh-contract any of its service obligations hereunder to third parties wilhout prior written approval of the COUNTY.
The PROVIDER shall have the right, subject to lhe 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 ofthi5 Agreement.
ARTICLE 8.0 -APPLICABLE LA W
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 excluded 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 himselfthe obligations contained in this Section.
ARTICLE 10.0 -INSURANCE
]0.1 INSURANCE COVERAGE TO BE OBTAINED
(I) The PROVIDER shall obtain and maintain such insurance or self-insurance as will protect him from;
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(A) Claims under Workers' Compensation laws. Disability Benetit laws. or other similar employee
henefit laws;
(B) Claims for damages because of bodily injury, occupational sickness or disease or death ofhis
employees including claims insured by usual personal injury liability coverage;
(C) Claims for damages because of bodily injury, sickness or disease. or death of any person other
than his employees including claims insured by usual personal injury liability coverage; and
(D) From claims for injury to or destruction of tangible property including loss or use resulting
there from, any or all of which claims may arise out of. or result from, the services. work and operations
carried out pursuant to and under the requirements of this Agreement, whether such services, work and
operations be by the PROVIDER, its employees, or by any sub-consultant(s), sub-contractor(s), or anyone
employed by or under the supervision of any of them, or for whose acts any of them may be legally liable.
(2) The insurance protection set forth hereinabove shall be obtain cd for not less than the limits of liability
specified hereinafter, or as required by law, whichever is ~rreater.
(3) The PROVIDER shall require, and shall be responsible for insuring. throughout the time that this
Agreement is in effect, that any and all of its suh-contractors obtains and rnainwins until the completion afthal sub-
contractor's work, such ofthc insurance coverage's described herein and as arc required by law to be provided on
behalf of their employees and others.
(4) Tbe PROVIDER shall obtain, have and maintain during the entire period of this Agreement all such
insurance or a self-insurance program as set forth and required herein.
10.2 PROVIDER REQUIRED TO FILE INSURANCE CERTlFICATE(S)
(1) The PROVIDER. within fourtcen (14) calendar days !Tom receipt of/hc COUNTY'S written Noticc of
Award, shall submit to the COUNTY all such insurance certificates or self-insurance program documentation as are
required under this Agreement. Failure of the PROVIDER to submit stich certificates and documents within the
required time shall be considered cause for the COUNTY to find the PROVIDER in default and terminate the
contract. Before the PROVIDER shall commence any service or work pursuant to the requirements of this
Agreement, the PROVIDER shall obtain and maintain insurance coverage.s of the types and to the limits specified
hereinafter. and the PROVIDER shall file \\'ith the COUNTY certificates of all such insurance coverage's.
(2) All such insurance certificates shall be in a fonn and underwritten by an insurance cornpany(s)
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acceptable to the COUNTY and licensed in the State of Florida.
(3) Each Certificate oflnsurance or se]f~insurance program documentation shall be submitted to the
COUNTY in triplicate.
(4) Each Certificate of Insurance shall include the following;
(A) The name and type of policy and coverage's provided,
(B) The amount or limit applicable to each coverage provided;
(C) The date of expiration of coverage.
(D) The designation of the Collier County Board of County Commissioners both as an additional
insured and as a certificate holder (This requirement is excepted for Professional Liability Insurance and for
Workers' Compensation Insurance)~ and
(E) Cancellation - Should any of the described policies be cancelled before the, expiration date
thereof, the issuing company will endeavor to mail thirty (30) days written notice 10 the Certificate Holder
named.
(5) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the
work or termination oflhis Agreement, the PROVIDER shall furnish to the COUNTY renewal or replacement
Certificate(s) oflnsurance not later than thirty (30) calendar days prior to the date oftheir expiration.
Failure of tile PROVIDER to provide the COUNTY with such renewal certificate(s) shall be justification for the
COUNTY to terminate tbjs Agreement
ARTICLE 11.0 -INSURANCE COVERAGES REOUIRED
The PROVIDER shall obtain and maintain tbe following insurance coverage's:
(1) WORKERS' COMPENSATION. Coverage to comply for all employees for Statutory Limits in
compliance with the applicable State and Federal laws. In addition, the policy shall include the following;
(A) Employer's Liability with a minimum limit per accident in accordance with statutory
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requirements. or a minimum limit of $100,000 for each accident, whichever limit is greater.
(B) Notice of Cancellation and/or Restriction -The policy must be endorsed to provide the
COUNTY with thirty (30) days prior written notice of cancellation and/or restriction.
(2) COMMERC1AL GENERAL LIABILITY. Coverage must be afforded on a form no more restrictive
than the latest edition of the Commercial General Liability Policy filed by the Insurance Services Office and shall
include the following:
(A) Minimum limits of $200,000 per occurrence and $300,000 aggregale for Bodily Injury
Liability and a minimum limit of$300,OOO for Property Damage Liability, or a minimum combined single
limit of $ J ,000,000.
(B) Contracntal coverage applicable to this specific Agreement including any hold harmless and/or
such indemnification agreement.
(3) BUSINESS AUTOMOBILE LIABILITY. Coverage must be afforded on a fOlm
no more restrictive than the latest edition of the Business Automobile Liability Policy filed by the Insurance
Services Office and must include the following:
(A) Minimum limits of $1 00,000 per person and $300,000 per accident for Bodily Injury Liability
and a minimum limit of $1 00,000 for Property Damage Liability, or a minimum combined single limit of
$300,000.
(B) Coverage shall include owned vehicles. hired and non-owned vehicles. and employee non-
ownership.
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
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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 ofthe 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.
The PROVIDER at jts expense, may make and retain copies of all documents delivered to the COUNTY for
reference and internal use.
ARTICLE ]4.0 -MAINTENANCE OF RECORDS
The PROVIDER will keep and maintain adequate records and supporting documentation applicable to all of the
services, work, infonnation, expense. costs, invoices and materials provided and perfonned pursuant to the
requirements of this Agreement. Said records and documentation will be retained by the PROVIDER for a minimum
of five (5) years fyom 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 nomlaJ business hours oftlle PROVIDER and at the expense of the COUNTY.
ARTICLE 15.0 -HEADINGS
The headings of the Attic]es, 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
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t 7.1 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:
Collier County Mana2er's Office
330 I T amiami Trail East
Naples, FL 34112
Attention: Mr. James Mudd
Fax: 239-252-4010
17.2 NOTICES BY AUTHORlTY 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;
The FenmSOll Group. LLC.
1130 Connecticut Avenue. N.W. Suite 300.
Wasbin2ton. D.C. 20036
Attn; Val Gelnovatch
Fax: 202-331-1598
17.3 CHANGE OF ADDRESS. Either pmty may change its address and/or fax number by written notice to the other
party given in accordance wilh the requirements of this Article.
ARTICLE 18.0 -TERMINATION
This Agreement may bc 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 notice 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 tennination request submitted by the
PROVIDER. and no such termination request suhmitted by the PROVIDER shall become effective until
PROVIDER is notified, in writing, .by the COUNTY of its acceptance. Ifthe 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 ifit otherwise violates any provisions of this Agreement; or for any other just cause, the COUNTY may, withoUl
prejudice to any other right or remedy, and after giving the PROVIDER written notice, terminate this Agreement.
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ARTICLE 19.0 -MODlFICA TrONS
Any modifications La this Agreement shall be in compliance with the County Purchasing Policy and Administrative
Procedures in effect at the time such modifications are authorized. Modifications to the terms and provisions of this
Agreement shall only be valid when issued in writing. 10 the event of any conflicts between the requirements,
provisions, and! or terms of this Agreement and any written contract modifications(s), the contract modification(s)
shall take precedence.
ARTICLE 20.0 -ACCEPTANCE
Acceptance of this Agreement shall be indicated by the signature of tile 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 businesses 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 contract, 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 contract.
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.
ARTICLE 22.0 - DlSPUTE RESOLUTION
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the
parties, the parties shall make a good faith effort to resolve any such disputes by negotiation, The negotiation shall
he attended by representatives of CONSlILTANT with full decision-making authority and by OWNER'S staff
person who would make the presentation of any settlement reached during negotiations to OVv'NER for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of
this Agreement. the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit
Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of
CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the
presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to
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submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under
section 44. I 02, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or arising out ofth15
Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which cowts have
sole and exclusive jurisdiction on all such matters.
ARTICLE 23.0 - APPROPRJA nON
It is further understood and agreed by and between the palties herein that this agreement is subject to appropriation
by the Board afCounty Commissioners.
ARTICLE 24.0 PROHIBITION OF GIFTS TO COUNTY EMPLOYEES
_No organization or individual shall offer or give, either directly or indirectly, all)' favor, gift, loan, fee, service or
other item of value to any County employee, as set forth in Chapter 1] 1, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result
in one or more of the follo\\'ing consequences: a. Prohibition by the individual. finn, and/or any employee of the
firm from contact with County staff for a specified period oftirne; b. Prohibition by the individual and/or finn 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 tennination of any contract held by the individual and/or firm for cause.
ARTICLE 25.0 IMMIGRATION LAW COMPLIANCE
By executing and entering into this agreement. the Contractor is formally acknowledging without exception or
stipulation that it is fully responsible for complying with the provisions of the Immigration RefonTI 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 Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County
shall have the discretion to unilaterally terminate this agreement immediately.
By signing this AGREEMENT. a principal of the firm certifies that the linn will comply fully with the provisions of
this section.
14
Agenda Item No. 16F4
June 24, 2008
Page 16 of 20
IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year
first written above.
ATTEST:
Dwight E. Brock, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
FOR COLLIER COUNTY, FLORIDA, A
POLITICAL SUBDIVISION OF THE STATE
OF FLORIDA
BY;
DATE:
(SEAL)
BY;
Tom Henning, Chairman
DATE;
Provider Name:
The Ferguson Group, LLC.
By:
First Witness
Signature
Typed Title and Name
tType/print witness name t
Second Witness
tType/print witness name t
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY;
BY;
Assistant County Attorney
DATE;
15
EXHIBIT A
Agenda Item No. 16F4
June 24, 2008
Page 17 of 20
BASIC SERVICES
GENERAL SCOPE STATEMENT
The Provider shall provide and perfonn the following professional services which shall constitute the GENERAL
SCOPE of the SERVICES under the covenants, terms, and provisions of this SERVICE PROVIDER
AGREEMENT;
Provide for representation of Collier County government to ensure that the County's interests are best
represented in securing federal funding.
1.0 PROVIDER shall perform the following services:
(a) Advocate the COUNTY's federal legislative progTam, secure sponsors Jor necesslli)' bills.
amendments, resolutions, represent the interest of the COUNTY before legislative and executive
branches of the federal government and their respective departments. agencies. offices. committees,
and other fede,ral governmental units, and identify other areas of interest and concern to COUNTY.
including the identification of grants and other types of federal funding \.vhich may be available to
assist the COUNTY in its infrastructure investments and advocate those interest and concerns on
behalf of COUNTY.
(b) Confer with the County Manager and such other COUNTY persOlUlel as the County Manager may
designate on all organizational planning and program activity which may have an impact on
COUNTY's ability to make the best use of federal programs.
(c) Review federal executive proposals, proposed and adopted administrative rules and regulations,
legislation under consideration, and other developments for the purpose of advising COUNTY of those
items which may have an impact on COUNTY policies and/or programs.
Cd) Secure and furnish such detailed information as may be available on federal programs and grants in
which the COUNTY indicates an interest or which may be of potential benefit to COUNTY.
(e) Upon request of the County Manager or his designee. review and comment on COUNTY's proposals
which are being prepared for submission to Congress. the Administration, and federal agencies.
(I) On COUNTY's behalf, eSlablish contacts with federal agencies, supervise, and monitor COUNTY
funding applications under consideration by such agencies.
(g) Consult with COUNTY regarding any proposed formula changes in federal programs to determine
their impact on COUNTY and take the necessary steps, including advocating formula changes for the
COUNTY, as determined by the County Manager or his designee.
(h) ldentify opportunities for Collier County officials to appear before congressional commitlees and
members of Congress to testifY or discuss issues of concern to the COUNTY and to provide research
materials, written testimony, or other assistance, if requested, for use by COUNTY officials in
conjunction with their appearance or meetings.
(i) Provide such other services and representations as are typically performed or provided by
governmental lobbyists. as designated by the COllnty Manager or his designee. Such service!; may
include, but arc not limited to. participation in associations or coalitions with similar objectives as the
COUNTY or coordinating activities with lobbying representatives of other public or private entities
where issues of common interest exist and such a coordinated lobbying effort will clearly bene lit the
COUNTY.
U) In accordance with the federal legislative priorities established by the County Commission, PROVIDER
shall submit a monthly written report to the County Manager outlining and describing the activities
16
Agenda Item No. 16F4
June 24, 2008
undertaken to accomplish each assignment. PROVIDER agrees to apply its in-house expeh~~eaJY of 20
strategy development to accomplish specific assignments of the COUNTY.
(k) Assist COUNTY in researching and preparing draft legislation 10 be proposed and presented to
legislative representatives.
(I) Provide a minimum of three (3) professional presentations to the Collier County Board of County
Commissioners on a schedule to be determined by the County Manager or his designee.
2.0 The County will not be restricted to utilizing, on an exclusive basis. the services of The Ferguson Graue, LLC.
The County may, at times, need additional specialized lobbying services, which will be solicited on an independent
basis.
17
.-,.. --~._-~_._~
EXHIBIT B
Agenda Item No. 16F4
June 24,2008
Page 19 of 20
COMPENSATION AI\'D METHOD OF PA YMENT
Section 1.
BASIC- SERVICES/TASKrS)
The COUNTY shall compensate the PROVIDER for providing and performing the Task(s) set forth and enumerated
in EXHIBIT "A", entitled "SCOPE OF SERVICES", as follows;
TASK TITLE
Lobbyist Services as outlined in
Exhibit A, Basic Services
COMPENSATION
$8.9] 6 per month
inclusive of expenses
Not to Exceed
$107,000
per year inclusive
of expenses
Compensation shall be inclusive of all costs. Payment shall be full <.:ompensation for all services. labor, tools.
equipment, travel and any other items required for project completion andloT completion of services.
Section 2 ADDITIONAL SERVICES
The COUNTY shall compensate the PROVIDER for such ADDITtONAL 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 he paid to the PROViDER for ADDITIONAL
SERVICES requested and authorized in writing by the COUNTY shall be as set forth in Al1icle 3.8 of this
Agreement
18
Page 1 of 1
Agenda Item No. 16F4
June 24, 2008
Page 20 of 20
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F4
Recommendation to approve the negotiated annual contract with The Ferguson Group for
federal lobbying services
Meeting Date:
6/24/200890000 AM
Approved By
Lyn Wood
Purchasing Agent
Date
Administrative Services
Purchasing
6/16/20088:05 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
6/16/20089:49 AM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
6/16/200810;29 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/16/20081:31 PM
file:l/C:IAgendaTestIExportll ] 0-June%2024, %202008116.%20CONSENT%20AGENDA II... 6/18/2008