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Agenda 12/10/2019 Item #16F 5 (RFP #19-7640 - Becker & Poliakoff, P.A.)12/10/2019 EXECUTIVE SUMMARY Recommendation to award Request for Proposal No. 19-7640, “Federal Lobbyist Services,” to Becker & Poliakoff, P.A., and authorize the Chairman to sign the attached agreement. OBJECTIVE: To obtain federal lobbying services to represent the needs of Collier County. CONSIDERATIONS: Collier County must continue to maximize opportunities at the federal level of government for funding, legislation, programs, initiatives and other services. There is currently a myriad of federal resources encompassing particular funding that is appropriated in Washington, D.C. for allocation to local governments for infrastructure and economic development needs. Many grants are available through federal agencies. Obtaining lobbying services with a presence in Washington, D.C. affords Collier County a direct and immediate advocacy for the County’s federal legislative platform. Having a federal lobbying firm also assures professional and timely representation of the County with the four members of the Congressional Delegation: Senator Marco Rubio, Senator Rick Scott, Representative Mario Diaz-Balart and Representative Francis Rooney. Matching Collier County’s needs with available resources at the federal level is an integral role of a federal lobbyist. Accessibility and accountability are also required to produce successful lobbying results. On August 5, 2019, the Procurement Services Division released Request for Proposal No. 19 -7640 to 13,722 vendors for Federal Lobbyist Services. Interested firms downloaded sixty-four (64) solicitation packages, and the County received four proposals on September 13, 2019. A selection committee convened on November 1, 2019, and ranked those four proposals as follows: 1. Becker & Poliakoff P.A. 2. The Ferguson Group LLC 3. Van Scoyoc Associates, Inc. 4. Ballard Partners Inc. Staff is recommending to award RFP No. 19-7640 to Becker & Poliakoff P.A., who demonstrated the strongest credentials and resources to perform the required scope of work. The lobbyist/client manager is aware of the issues facing Southwest Florida and is especially knowledgeable about Collier County’s highest priorities and needs. FISCAL IMPACT: The annual cost for this agreement is approximately $120,000. Funds are available in the appropriate administrative cost centers in the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no direct impact on the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT RECOMMENDATION: That the Board award Request for Proposal No. 19-7640, “Federal Lobbyist Services,” to Becker & Poliakoff, P.A. and authorize its Chairman to sign the attached agreement. Prepared By: John Mullins, Government Affairs Manager, Corporate Business Operations Swainson Hall, Manager - Financial and Operations Support, Corporate Business Operations 16.F.5 Packet Pg. 2755 12/10/2019 ATTACHMENT(S) 1. 19-7640 Becker&Poliakoff_VendorSigned (PDF) 2. 19-7640 Becker&Poliakoff_Insurance (PDF) 3. 19-7640 Becker Poliakoff Proposal (PDF) 4. 19-7640 Notice of Recommended Award (PDF) 16.F.5 Packet Pg. 2756 12/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.5 Doc ID: 10962 Item Summary: Recommendation to award Request for Proposal No. 19-7640, “Federal Lobbyist Services,” to Becker & Poliakoff, P.A., and authorize the Chairman to sign the attached agreement. Meeting Date: 12/10/2019 Prepared by: Title: Procurement Specialist – Corporate Business Operations Name: Swainson Hall 11/21/2019 3:05 PM Submitted by: Title: – Corporate Business Operations Name: John Mullins 11/21/2019 3:05 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 11/21/2019 3:14 PM Procurement Services Ted Coyman Additional Reviewer Completed 11/21/2019 4:33 PM Procurement Services Priscilla Doria Additional Reviewer Completed 11/22/2019 8:36 AM Corporate Business Operations John Mullins Additional Reviewer Completed 11/22/2019 9:05 AM Corporate Business Operations Sean Callahan Additional Reviewer Completed 11/22/2019 9:22 AM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/22/2019 1:40 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/22/2019 2:43 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/25/2019 8:14 AM Budget and Management Office Ed Finn Additional Reviewer Completed 11/25/2019 10:34 AM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 11/25/2019 10:53 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM 16.F.5 Packet Pg. 2757 16.F.5.aPacket Pg. 2758Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.aPacket Pg. 2759Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.aPacket Pg. 2760Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.aPacket Pg. 2761Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.aPacket Pg. 2762Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.aPacket Pg. 2763Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.aPacket Pg. 2764Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.aPacket Pg. 2765Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.aPacket Pg. 2766Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.aPacket Pg. 2767Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.aPacket Pg. 2768Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.a Packet Pg. 2769 Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.aPacket Pg. 2770Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.aPacket Pg. 2771Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.aPacket Pg. 2772Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.aPacket Pg. 2773Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.aPacket Pg. 2774Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.aPacket Pg. 2775Attachment: 19-7640 Becker&Poliakoff_VendorSigned (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.b Packet Pg. 2776 Attachment: 19-7640 Becker&Poliakoff_Insurance (10962 : 19-7640 "Federal Lobbyist Services") RESPONSE TO SOLICITATION #19-7640 FEDERAL LOBBYIST SERVICES Prepared for: Collier County, Florida Due: September 13, 2019 Submitted by: Team Leader Amanda L. Wood, Lead Government Relations Consultant 202.207.6863; awood@beckerlawyers.com 1275 K Street, N.W., Suite 850 Washington, DC 20005 David Muller, Local Liaison & Firm Shareholder 239.552.3200; dmuller@beckerlawyers.com 4001 Tamiami Trail N Suite 270, Naples, FL 34103 16.F.5.c Packet Pg. 2777 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Solicitation #19-7640 Federal Lobbyist Services Collier County Board of County Commissioners A. References B. Forms C. Federal Lobbyist Registrations D. Income Statement, Balance Sheet, and Statement of Cash Flow E. Business Tax Receipts F. Registration with Florida Department of State TABLE OF CONTENTS EVALUATION CRITERIA NO. 1 – COVER LETTER/ MANAGEMENT SUMMARY 1 EVALUATION CRITERIA NO. 2 – CERTIFIED MINORITY BUSINESS ENTERPRISE 3 EVALUATION CRITERIA NO. 3 – QUALIFICATIONS & EXPERIENCE 3 EVALUATION CRITERIA NO. 4 – SPECIALIZED EXPERTISE OF TEAM MEMBERS 13 EVALUATION CRITERIA NO. 5 – COST OF SERVICES TO THE COUNTY 27 EVALUATION CRITERIA NO. 6 – FISCAL STABILITY 27 EVALUATION CRITERIA NO. 7 – LOCAL PREFERENCE 28 APPENDIX – REQUIRED FORMS AND ATTACHMENTS 16.F.5.c Packet Pg. 2778 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Solicitation #19-7640 Federal Lobbyist Services Collier County Board of County Commissioners 1 September 13, 2019 Collier County Board of County Commissioners Attn: Collier County Procurement Services Division 3295 Tamiami Trail East, Bldg. C-2 Naples, FL 34112 Re: RESPONSE TO RFP #19-7640, FEDERAL LOBBYIST SERVICES Dear Collier County Board of Commissioners, County Manager and Staff: Advocating and addressing federal issues regarding funding, legislation and services on behalf of the Collier County community has been a privilege for the Becker federal lobbying team since 2015 (and for lead lobbyist Amanda Wood from 2005-2013 as well). Together, the Collier/Becker team has had great success. Federal lobbying is more important than ever for county governments in this uncertain political climate. Collier County has been bold, proactive, and successful in the “no earmark” spending environment. The enclosed proposal provides a roadmap for Collier County to continue building upon its successes and secure further action in areas such as shore protection, disaster funding, housing, transportation infrastructure and water quality. The Becker federal lobbying team, Floridians who live and work in Washington, DC, provides the county the benefit of working with a nimble, bipartisan, diverse team of veteran DC lobbyists and former Hill staffers, with the resources of a large, politically connected law firm. Becker is a multi- state law and lobbying firm founded in Florida, with 130-plus lawyers and professional staff, ready to continue achieving Collier County’s federal lobbying goals. Local Collier Presence Becker includes an active Collier County office located in the Northern Trust building on Tamiami Trail. Our firm has been representing clients in Southwest Florida since 1987. Becker hereby affirms its local vendor status with its established office in Collier County and submits this EVALUATION CRITERIA NO. 1 – COVER LETTER/MANAGEMENT SUMMARY COLLIER COUNTY HAS BEEN BOLD, PROACTIVE, AND SUCCESSFUL IN TODAY’S “NO EARMARK” FEDERAL SPENDING CLIMATE. NOW IS THE TIME TO BUILD ON YOUR SUCCESS. 16.F.5.c Packet Pg. 2779 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 2 proposal as a local bidder with the advantages of the local preference. Firm lawyer and shareholder, David Muller, lives and works in Collier County, and will continue to serve as the local liaison. Representing local governments in Washington, DC is a specialty of the Becker lobbying team - there is no learning curve. Members of the federal lobbying team previously worked in Tallahassee. Their state/federal government experience offers Collier County the unique benefit of leveraging state and federal programs and funding, for projects like water infrastructure and your effort to establish a Veterans’ nursing home. Team Leader Team leader, lobbyist Amanda Wood has been representing Florida’s local governments (including Collier County) since 2005 when she left her position as Legislative Director to then US Senator Bob Graham. Her local government lobbying, plus Capitol Hill experience, provides clients with knowledge and contacts regarding the legislative and appropriations process, federal programs, permits and permissions. The office is at 1275 K Street, NW, Suite 850 in Washington, DC. The phone number is 202.207.6863. Amanda’s email is awood@beckerlaywers.com. A Track Record of Success for Collier County Amanda and the lobbying team (experienced lobbyists and former Hill staffers) have worked diligently to advocate for Collier’s priority issues. We have already begun planning for the October DC Fly-In to ensure meaningful meetings on Capitol Hill and with the Administration to discuss water quality with the Army Corps of Engineers, and meet with the Federal Transit Administration on CAT innovation issues, plus other meetings between county and federal officials. In sum, Becker’s past successes for Collier, close working relationships with key County staff, and local presence provides tangible advantages over other DC lobbying firms. We are proud of what we have already accomplished together, and we are enthusiastic about new opportunities. We truly enjoy helping Collier County be successful in the nation’s capital and look forward to continuing our work together. It would be a privilege to do so. Very respectfully, Gary C. Rosen, President REPRESENTING LOCAL GOVERNMENTS IN WASHINGTON, DC IS A SPECIALTY OF THE BECKER LOBBYING TEAM - THERE IS NO LEARNING CURVE. 16.F.5.c Packet Pg. 2780 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 3 Not Applicable. Becker’s lobbying team produces extraordinary results for its clients. There is no better proof of the team’s effectiveness and success for local government clients than the longevity of several multi-year public sector lobbying clients. Representing local governments requires finesse and savvy along with solid experience and know-how. Public representation requires a deep understanding of government operations and the impact of politics on decision making, as well as, the ebb and flow of election cycles. It’s not only the number (10+) and longevity (5+years) of our governmental clients; it’s also the various sizes, demographics and geography that gives the Becker team its breadth and depth of experience in all issues impacting local governments. Becker’s federal lobbying contracts with various cities, towns, counties and educational institutions have been renewed multiple times despite difficult political circumstances, tough economic times, changing of the guard and other complicating factors. Despite it all, the Becker lobbying team has remained and continued to provide valuable insights, information and counsel regarding Federal issues. As Federal lobbyists, we have represented Palm Beach County since 2011; the Town of Davie since 2012; Sarasota County since 2014, Cape Coral since 2014; Collier County since 2015. Amanda Wood started representing Collier (and other Florida counties) in 2005 prior to joining Becker. She is considered the “go-to” lobbyist for highly specialized issues and funding mechanisms impacting Florida counties because of her combined Hill and lobbying experiences. These long-term client relationships are due to our consistent ability to use good judgment, take initiative, and demonstrate our value including return on investment through federal funding. The team already knows the issues, funding streams, and programs impacting county governments; EVALUATION CRITERIA NO. 2 – CERTIFIED MINORITY BUSINESS ENTERPRISE EVALUATION CRITERIA NO. 3 – QUALIFICATIONS & EXPERIENCE THERE IS NO BETTER PROOF OF OUR TEAM’S EFFECTIVENESS AND SUCCESS FOR LOCAL GOVERNMENTS THAN THE LONGEVITY OF OUR MANY MULTI-YEAR PUBLIC SECTOR LOBBYING CLIENTS. 16.F.5.c Packet Pg. 2781 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 4 knows the committee staff and elected leaders on the relevant committees as well as key agency personnel at the relevant executive agencies. The team has worked with organizations such as the National and Florida Association of Counties and Conference of Mayors to build coalitions and develop consensus. The most recent example of building coalitions to support local government clients is our success spearheading new statutory language prohibiting FEMA from denying the repayment of disaster related expenses to local governments. This was a top priority for several local government clients, including Collier County. 1. Number of years that the firm, or its principals, has been in business with a particular emphasis as a federal lobbyist for local government issues. Firm – 46 Years State lobbying for local governments – 29 Years Federal lobbying for local governments - 8 Years Individual lobbyists: Amanda Wood -14 Years; Omar Franco – 15 years; Clarence Williams – 8 years; Steven Blattner – 1 year 2. Number of similar local government federal lobbyist contracts that the company has served from the past 5 years. 15 similar local government federal lobbyist contracts that the firm has served from the past five years. 3. Number of legislative efforts where the federal lobbyist has influenced similar local government contracts identified in item #2 Approximately 10 per year per client = 150 over the last five years 4. Number of legislative efforts that have resulted in funding returned to the local government as a result of efforts identified in item #2 contracts. Approximately 5 per year per client = 75 over the last five years For #2 above: Provide evidence of at least two local government federal lobbyist contracts. • Please see Appendix C for lobbyist registrations that serve as evidence of at least two local government federal lobbyist contracts. For #3 above: Provide at least two samples of influential legislation. 16.F.5.c Packet Pg. 2782 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 5 A. FEMA Deobligation - Secured legislative fix that will prevent FEMA from unreasonable deobligation more than three years after the project close -out. This statutory language was included in the FAA Reauthorization bills signed into law and protects local governments from FEMA denials for reimbursement for storm related clean-up costs. This is a good example of the benefit of working with experienced local government lobbyists. We already understand the issues, funding streams, and programs impacting county governments. We know the committee staff and elected leaders on the relevant committees as well as agency personnel at the relevant executive agencies. We work with organizations such as the National and Florida Association of Counties and US Conference of Mayors to build coalitions and develop consensus. We built a strong coalition of like- minded local governments and worked closely with influential staff and members to pass new statutory language prohibiting FEMA from denying the repayment of disaster related expenses to local governments. B. RESTORE Act - Following the explosion and fire on BP’s Deepwater Horizon in the summer of 2010, Amanda worked on behalf of Collier County and Gulf County to support legislation to compensate impacted counties and restore habitat. The RESTORE Act became law in the summer of 2012 and holds the parties responsible for the Gulf oil disaster accountable for restoring the Gulf. By investing fines owed by BP and the other parties responsible for the Gulf oil spill into the Gulf region, the RESTORE Act has provided significant financial resources to Florida counties. We are currently working with Collier County officials to pass legislation authorizing the Secretary of the Treasury to use debt instruments, as part of the RESTORE Act, to be financed by $20 billion in BP Oil civil penalties, providing more immediate access to the funding provided. Collier County is one of 15 “non-disproportionately” affected counties eligible for project grants under RESTORE. For #4 above Provide at least two samples of funding returned to the local government. A. $13 million for U.S. Department of Transportation (USDOT) TIGER Grant through Transportation Infrastructure Finance & Innovation Act (TIFIA) for transportation infrastructure for Collier County. A highly competitive grant, which the County won on a re- application following a high level debrief with USDOT and outreach from entire delegation including then House Transportation Appropriations Committee Chairman Mario Diaz-Balart (R-FL). We worked closely with FDOT and USDOT’s Office of Intergovernmental Affairs to achieve major win for Collier County. B. Worked with delegation to advance request of Army Corps of Engineers to secure successful inclusion of $3,000,000 in Corps FY18 supplemental work plan for Collier shore erosion project study. C. Over a period of three fiscal years, Amanda assisted Collier County in securing $2.1 million in federal funding for transportation infrastructure to support improvements to two key 16.F.5.c Packet Pg. 2783 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 6 interchanges on I-75 at Everglades Boulevard and Collier Boulevard/SR 84. These improvements were critically needed to provide access to a route for safe evacuations from storms and fires as significant growth continues in Collier County. D. Secured $570,000 Transportation-Housing and Urban Development (HUD) bill for vehicle procurement of two hybrid electric vehicles to provide trolleybus service with the assistance of Congressman Mario Diaz-Balart’s office. E. Secured $2.4 million under the U.S. Department of Homeland Security (DHS) SAFER grant program for fire service staffing in the Town of Davie and $462,673 through the Assistance to Firefighters Grant for the Town of Davie for new self-contained breathing apparatus (SCBA) and an air compressor cascade system for frontline fire engines and rescue units. In addition, provide the following information: • Provide a statement addressing why the firm believes it is the best qualified to perform the work. Lead lobbyist Amanda Wood knows Collier County’s federal agenda inside out – the history, the present priorities and the future needs. She has witnessed the growth that has impacted the county in every way possible and has an in-depth understanding of how those impacts can be addressed by Federal programs and funding. She has immersed herself in those issues for more than twelve years as your lobbyist. It would be hard to replicate Amanda’s knowledge of Collier County and almost impossible to recreate her Collier County relationships and instincts. Her daily notes and calls with the Collier professional staff, frequent visits and meetings with department heads combined with her Florida-specific knowledge of Congressional and Administration processes and programs are invaluable. In addition, the Becker team has several advantages:  A highly functioning, diverse lobbying team that has worked together for several years, each bringing unique strengths, contacts and advantages, and collaborating to maximize effectiveness;  Long-standing personal and professional relationships with the Florida Congressional Delegation and other Congressional leaders;  Floridians living and working in Washington, D.C. with extensive Capitol Hill legislative and lobbying experience;  Bipartisan, multi-ethnic, multi-gender lobbying team that connects to a diverse set of decisionmakers in Congress and the Administration;  First-hand experience with County’s priority issues and federal programs relating to water quality, shore erosion, affordable housing, transportation funding, disaster recovery and other public works through representation of other Florida counties;  Specific knowledge of the federal programs run by the County;  Existing working relationships with members of the Collier County delegation and allied organizations, such as National and Florida Association of Counties, Airports Council 16.F.5.c Packet Pg. 2784 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 7 International, Florida Shore and Beach Preservation Association, and others to create synergies, collaboration and alignment with County priorities;  The resources of a large law firm to provide legal analysis, interpretation and technical assistance;  Thirty-plus collective years of federal legislative and executive branch lobbying experience representing similar local government entities;  Local Collier (and Lee) County office(s) along with K Street office in DC;  Fully staffed lobbying team to cover hearings, coordinate communications and meetings for County officials, provide written and verbal reports and provide a cle ar strategy for accomplishing County goals with timelines, milestones and accountability. • Provide a list of government and private clients your firm has on contract through FY 2018, with a description of any potential conflicts of interest between the County and your firm’s other clients. See below a list of Becker’s public and private sector federal lobbying clients. Becker does not currently have and does not anticipate having any future conflicts between the County and other Becker clients. The firm’s conflicts system is sophisticated and comprehensive and is managed by a twenty-five-year firm employee who understands its importance. A&J Capital America's SBDC Bethune-Cookman Booz Allen Hamilton Brevard County Cape Coral Collier Davie DLH Corporation Eastern Shipbuilding FAIR Florida Crystals Florida Memorial Florida Yacht Brokers Garrison Brothers Gold Coast Florida GunBail Hialeah Hitachi Vantara Idemia Intuit Key Compounds Latino Coalition Lexipol LRAD MB&A Miami Gardens MPAA N.A.B. NAHREP North Miami Palm Beach County Pigeonly Q-Q Research Sarasota County ShotSpotter St. Augustine Distillery South Miami University of Miami Univision Viacom Volusia County West Park Consulate Japan • Provide an affirmative indication that the firm and all assigned professional staff possess all licenses registration and certifications required to provide the requested services in the District of Columbia, State of Florida and Collier County. Becker affirms that the firm and the professional lobbying team proposed to continue serving Collier County as its Federal lobbyist has all the necessary licenses, registrations and certifications 16.F.5.c Packet Pg. 2785 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 8 needed to provide lobbying services in Washington, DC on behalf of Collier County. Becker is a fully licensed corporation in Florida. Its attorneys are licensed with the Florida, New York, New Jersey Bar, respectively, and its lobbyists are registered in W ashington, DC, Tallahassee, Florida and locally as appropriate. Becker also affirms that its local Collier County office, located at 4001 Tamiami Trail North, Suite 270, Naples, 34103 (Northern Trust Building) is eligible for the County’s local preference points for this RFP. Becker Team’s Partnership with Collier County The Becker team, led by Amanda Wood, works very closely with the County’s project manager and has had excellent results. The successes are due in large part to careful planning, organization, strategic thinking and timely execution of the County’s federal agenda. The process for developing and implementing the County’s priority is outlined below with a few examples to demonstrate our approach. Agenda Development: 1. Assessment of opportunities with County team. MEMORANDUM TO: John Mullins, Collier County FROM: Amanda Wood and Omar Franco, Becker DATE: September 13, 2018 RE: Federal Advocacy Update _____________________________________________________________________________ In preparation for our meetings with Department Heads, following is a brief review of some of the key projects we have worked on over the past year. Assisted with political advocacy and USDOT outreach and debriefs in support of successful award of $13,000,000 in TIGER funding for Immokalee Project. Prepared for and handled follow up items from Collier Commissioner travel to DC including meeting with delegation, United States Department of Housing and Urban Development, United States Federal Transit Administration, United States EPA, and United States Department of Transportation. Example: Excerpt from memo in preparation for meeting with department heads and project manager. 16.F.5.c Packet Pg. 2786 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 9 Worked with delegation to advance request of Army Corps of Engineers to secure successful inclusion of $3,000,000 in Corps FY18 supplemental work plan for Collier shore erosion project study Excerpt intentionally abbreviated due to space limitations 1. Develop Federal strategy and work plan. 2. Prepare briefing and other materials in priority areas. 3. Outreach to influencers and allies 4. Advocate for established priorities 5. Establish positive relationships with decision-makers and create support for County’s priority issues in Congress and Administration. 6. Regular communication with project manager and county team. Policy Development: 1. Assist the County in the development of federal priorities. 2. Draft legislative concepts, amendments and provisions to support the County’s federal priorities. 3. Identify emerging issues/situations that will affect the County in beneficial or harmful ways. 4. Secure Legislative and Executive Branch support for approval of the County’s positions. Example: Congressman Rooney’s Support for our Shore Protection project. 16.F.5.c Packet Pg. 2787 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 10 5. Maintain effective communications to and between appropriate federal and County personnel. 6. Promote the County’s efforts within Florida’s congressional delegation, federal agencies, and national organizations, with a special emphasis on the Central Florida congressional delegation. 7. Prepare communication strategies to ensure County positions, requests, and interaction with federal officials are timely, articulate, complete, and presented per accepted processes, procedures, protocols and practices. Funding Development 1. Identify funding opportunities that assist the County in providing services to its citizens, particularly in the areas of transportation, affordable housing, mental health and substance abuse, and security. 2. Advance County priorities in Congressional authorization and appropriations legislation. 3. Achieve inclusion of County priorities in Executive Branch funding decisions. 4. Assist the County in finding and securing appropriate federal grant opportunities. 2019 Outlook Following Election Day on November 6, Congress will return for a lame duck session on November 13 and face a November 30 expiration of the National Flood Insurance Program and the December 7 expiration of the continuing resolution that is currently funding programs under 7 and the 12 annual spending bills. Will work to advance all your priorities and, given our knowledge of areas on Congressional and Administration interests, see particular potential traction in the following: Focus on water infrastructure and water quality – build upon authorized advancements in Everglades reservoir, funds for red tide research, and leverage other anticipated resources to further improve regional water quality Focus on freight, which we hope to leverage for continuing development in Immokalee and beyond Memo intentionally abbreviated due to space limitations. 5. Assist with grants advocacy, including reviewing grant applications, organizing federal letters of support and gathering intelligence on grants important to the County. Example: Excerpt of Funding Priorities Update. 16.F.5.c Packet Pg. 2788 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 11 DC Visits 1. Assist with all arrangements for Commissioners and County staff when visiting Washington D.C., and other cities, including coordinating meetings with federal leaders, drafting and reviewing talking points, and developing supporting materials. 2. Coordinate delivery of County and community communications to appropriate federal personnel in support of County priorities. 3. Coordinate appropriate follow up by County representatives after DC meetings. MEMORANDUM TO: Commissioners McDaniel and Saunders FROM: Amanda Wood and Omar Franco, Becker & Poliakoff DATE: April 23, 2018 RE: April 2018 Federal Advocacy Meeting Thank you for the opportunity to work with you in support of Collier County’s fed eral legislative and funding priorities. Below is a synopsis of our federal advocacy meetings in DC on April 16- 18, 2018. United States Environmental Protection Agency, WIFIA Office Jorianne Jernberg, Director, WIFIA, Office of Water Karen Fligger, Senior Project Manager, WIFIA Example: Excerpt from April 2019 Follow Up Memo Example: Photo of local government representatives meeting with Rep. Wasserman-Schultz. 16.F.5.c Packet Pg. 2789 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 12 Danusha Chandy, Senior Engineer, WIFIA Lan Anh Phan, Credit Risk Advisor, WIFIA Arielle Gerstein, Program Analyst, Office of Water Discussion of the Water Infrastructure Financing and Innovation Act (WIFIA) program as a potential resource for Collier County:  Broad eligibility based on State Revolving Fund eligibility, including land conversation for water quality, with a $20 million project floor and can finance up to 49 percent of project  Each loan is negotiated individually with projects chosen based on selection criteria and readiness to proceed  In this round, priorities are lead removal, assistance to disadvantaged communities, and rehab of existing systems with an emphasis on geographic and project type diversity  Current rate is 3 percent for 30-year project  Make sure that project is ready to go, but be sensitive to federal compliance issues, including Davis-Bacon, American iron and steel rules, NEPA, ESA, and historical resources requirements, and submit environmental anal ysis with Letter of Interest  Webinars begin on April 23rd and they recommend submitting early, perhaps even before the project is ready, as they are happy to provide application feedback for use in future rounds Projects Discussed: Everglades City Wastewater Facility Project, Golden Gate City Outfall Project Congressman Francis Rooney  Expression of thanks to staff for ongoing assistance on permitting and other issues  Advocacy related to beach study effort with Army Corps of Engineers including their outreach to Colonel Kirk  Discussion of Outer Continental Shelf drilling and focus on other environmental quality and Lake Okeechobee issues Lauren Reamy, Legislative Director Office of Senator Marco Rubio  Expression of appreciation for support for successful TIGER grant application  Discussion of FEMA deobligation legislative solution strategy  Rubio staff is eager to assist with permitting logjam and discussion of new permit streamlining federal MOU Federal Aviation Administration United States Department of Transportation Kevin Willis, Director, Airport Compliance and Management Analysis Sean Poole, Special Assistant, Office of the Secretary Christopher Mitton, Government Affairs Officer 16.F.5.c Packet Pg. 2790 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 13 Discussion of Airport Privatization Pilot Program as potential resource for Collier County Memo intentionally abbreviated due to space limitations. REFERENCES – SEE FORM 8 Completed references forms from clients, ShotSpotter, Palm Beach County and Sarasota County are provided in the attached Appendix A. 1. Number of years that the firm’s proposed client leader/coordinator for Collier County has been engaged in local government federal lobbying efforts. Amanda Wood – 14 years of local government lobbying 2. Identify the number of years that the firm’s client leader/coordinator [for this Collier County engagement] has been with the firm. • Provide a copy of the individual’s resume. Amanda Wood – 8 years lobbying with Becker & Poliakoff. Resume below 3. Identify all other full time equivalent (FTE) positions may be involved in the federal lobbying efforts on behalf of Collier County. FTE’s may be expressed from .25, .5, .75 or 1.0 positions. • Provide a copy of resumes of those individuals identified. Omar Franco - .5 Clarence Williams - .25 Steven Blattner - .25. Resumes below 4. Of the total number of FTE’s identified in item #3 above, provide the total number of years of experience in federal lobbying services for local governments. Omar Franco – 15 Clarence Williams – 8 Steven Blattner – 1 Total = 24 years 5. Identify the number of hours that the proposing firm anticipates that its team will dedicate to Collier County legislative lobbying efforts in a year. 360 hours /year EVALUATION CRITERIA NO. 4 – SPECIALIZED EXPERTISE OF TEAM MEMBERS 16.F.5.c Packet Pg. 2791 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 14 Comprehensive Resumes Overview Amanda Wood has deep roots in Florida and extensive knowledge and relationships on Capitol Hill and in the Administration. She began lobbying in 2005 after serving on the staff of Senator Bob Graham for seven years, and as his last Senate Legislative Director. Ms. Wood’s experience working on Capitol Hill and representing local governments offers clients expertise on Florida-centric federal issues including transportation, economic development, natural resources, disaster preparedness and recovery, water resources, science, technology, NASA, law enforcement, and social services. She has developed a specialty in accessing criminal justice equipment and law enforcement training funds through programs run by Departments of Justice, Homeland Security and others. Amanda represents a mix of public and private sector clients including Florida counties such as Sarasota and Collier; municipalities such as Cape Coral, FL, and Davie, FL, plus, private sector companies: ShotSpotter, MorphoTrak, Hitachi Vantara, and LRAD Corporation, among others. Ms. Wood develops and executes federal government relations strategies and guides clients through the federal funding process, including the House and Senate’s budget and appropriations committees as well as federal grant opportunities. She has achieved success through strategic, direct communication with her clients and federal decisionmakers as well as a comprehensive approach to researching community-specific federal funding opportunities. Amanda takes pride in helping clients communicate effectively with federal officials and identify and secure grant funding that fulfills local needs. 16.F.5.c Packet Pg. 2792 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 15 Work History Amanda Wood served as Legislative Director to Senator Bob Graham (D-FL) where she was responsible for developing and implementing the Senator’s legislative agenda and strategy. While serving as the Senator’s chief advisor on federal appropriations, Ms. Wood worked closely with representatives from Florida cities, counties, educational institutions, nonprofit organizations, and state agencies to advocate for projects ranging from infrastructure improvements to research and cultural projects. Since 2005, Amanda has represented local governments throughout Florida. She has been successful in securing federal funding through congressional appropriations and through agency grant awards. She enjoys working with clients to help them understand Federal opportunities, develop pro-active strategies to secure funding, expedite federal approvals, and remove roadblocks. She presents regular updates to her clients regarding Congressional activities and political impacts on their policy priorities. Amanda and other team members have excellent working relationships with the Collier County delegation and influential members and staff on committees with jurisdiction over Collier County’s priority issues. Examples from the US House include: House Appropriations Subcommittee on Energy & Water which includes the Army Corps projects with Congresswoman Debbie Wasserman Schultz, Lois Frankel, Mark Pecans and Pete Visclosky. Rep. Wasserman Schultz also chairs the powerful Subcommittee on Military and Veterans Affairs spending. Rep. Mario Diaz-Balart serves as Ranking Member of the House Transportation and Housing Appropriations Subcommittee. Additionally, the team has very good relationships on Transportation & Infrastructure authorizing committee with Representatives Frederica Wilson, Eddie Bernice Johnson, John Garamendi, Rick Larsen, and Elijah Cummings. Also, Senator Rubio and Representative Steube are former Becker lawyers with whom we maintain excellent relations. Similarly, on the Senate side, Amanda has worked closely with the Environment and Public Works Committee Members and staff since her time as Legislative Director for Senator Bob Graham, who served there for many years. Senator Rubio is a member of the all-important Appropriations Committee and the team has good working relationships with subcommittees with jurisdiction over the County’s priority issues. Amanda works regularly with staff of Appropriations Chairman Richard Shelby and Ranking Member Patrick Leahy, as well as subcommittee leadership to advance goals (funding and otherwise) through their annual “must pass” bills, which will serve as key vehicles for our efforts. Amanda and the team have established direct relationships with influential Federal agency officials who are in positions to guide funding levels, program decisions, advisory board appointments, and competitive award processes. Examples include: the Department of Transportation where we work with Anthony Bedell, the Deputy Assistant Secretary for Intergovernmental Affairs, and Robert Mariner, Deputy Director of the Office of Infrastructure Finance and Innovation; Environmental Protection Agency such as Jordan Dorfman, who manages the WIFIA program, U.S. Fish & Wildlife Service including, National Marine Fisheries, 16.F.5.c Packet Pg. 2793 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 16 Federal Emergency Management Administration, and U.S. Army Corps of Engineers with whom we work regularly. Education & Training Georgetown University, B.S. Organizational Involvement Board member and former President, Florida State Society, an organization that brings together Floridians who live and work in Washington, D.C. - Co-chair of the Florida Inaugural Ball Committee Board member of the Latin American Youth Center in Washington, D.C. Board member, Springfield Civic Association Member, Georgetown University Alumni Admissions Program. Amanda Wood’s Accomplishments for Florida local government clients:  Secured $13 million U.S. Department of Transportation (USDOT) TIGER Grant through Transportation Infrastructure Finance & Innovation Act (TIFIA) for transportation infrastructure for Collier County; Highly competitive grant, won on a re-application following a high level debrief with USDOT and outreach from entire delegation including then House Transportation Appropriations Committee Chairman Mario Diaz-Balart (R- FL). Worked closely with USDOT’s Office of Intergovernmental Affairs to achieve major win for Collier County.  Successfully gained passage of language creating the Water Infrastructure Financing and Innovation program (WIFIA) to address local government water infrastructure finance issues. This language created a finance mechanism modeled after the successful Transportation Infrastructure Finance and Innovations Authority and will provide access to lower-cost capital for investments in water infrastructure. WIFIA increased the availability of federal loans for water infrastructure investments by over $20 million, which would otherwise not be suitable for assistance through the existing Drinking Water and Clean Water State Revolving Fund (SRF) programs.  Helped coordinate local government coalition with cities and counties to change federal law to limit FEMA’s ability to de-obligate decade old disaster recovery expenditures for clients including Collier and Palm Beach Counties, the City of Cape Coral, and the Town of Davie.  Worked with the Federal Emergency Management Agency (FEMA) to reach a positive determination on appeals of FEMA’s de-obligation of disaster recovery expenditures related to the hurricanes from over a decade ago for clients including Collier County, the City of Cape Coral, and the Town of Davie.  Expedited U.S. Fish and Wildlife Service and Army Corps of Engineers permits for multiple Florida coastal communities, advancing both critical habitat protection and economic development. 16.F.5.c Packet Pg. 2794 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 17  Assisted the City of Cape Coral in securing funding through the Paul Coverdell forensic science grant, which resulted in the award of $93,796 in competitive U.S. Department of Justice (DOJ) funds to the Cape Coral Police Department.  Secured $2.4 million under the U.S. Department of Homeland Security (DHS) SAFER grant program for fire service staffing in the Town of Davie and $462,673 through the Assistance to Firefighters Grant for the Town of Davie for new self-contained breathing apparatus (SCBA) and an air compressor cascade system for frontline fire engines and rescue units.  U.S. Highway 331 and the Choctawhatchee Bay Bridge are the only routes in Walton County for residents from the southern portion of Walton County to travel to the northern portion. Amanda assisted them in securing $332,500 in federal transportation funding to support additional design, right of way, and construction to provide enhancements to this route to allow for additional capacity for evacuation purposes and regional economic development. This represented the first federal investment in this project and has since resulted in a re-prioritization of this project by the Florida Department of Transportation (DOT) and an expedited construction timetable.  Following the explosion and fire on BP’s Deepwater Horizon in the summer of 2010, worked on behalf of Collier County and Gulf County to support legislation to compensate impacted counties and restore habitat. The RESTORE Act became law in the summer of 2012 and holds the parties responsible for the Gulf oil disaster accountable for restoring the Gulf. By investing fines owed by BP and the other parties responsible for the Gulf oil spill into the Gulf region, the RESTORE Act has provided significant financial resources to Florida counties.  Over a period of three fiscal years, Amanda assisted Collier County in securing $2.1 million in federal funding for transportation infrastructure to support improvements to two key interchanges on I-75 at Everglades Boulevard and Collier Boulevard/SR 84. These improvements were critically needed to provide access to a route for safe evacuations from storms and fires as significant growth continues in Collier County.  Guided and advised public safety innovator ShotSpotter and its local government clients in securing over $7 million in federal funding to protect their communities through Gunshot Location System coverage.  Secured support for tax exempt status of municipal bonds and was successful in eliminating language in the final tax package that would have impacted bonding for the construction of professional sports stadiums. Staff estimated $212,000 will be saved annually due to removal of this provision.  Expedited U.S. Fish and Wildlife Service and Army Corps of Engineers permits for multiple Florida coastal communities, advancing both critical habitat protection and economic development. 16.F.5.c Packet Pg. 2795 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 18 Overview Omar Franco is the Managing Director of Becker’s Washington, DC office. He represents a broad cross section of corporate, public, and trade association clients including for example, Intuit, Florida Crystals Corporation, America’s Small Business Development Centers, Eastern Shipbuilding Group, Meridian Partners, Algenol Biotech, Florida Yacht Brokers Association, Gold Coast Florida Regional Center, plus, the Florida counties of Palm Beach and Collier, and the Florida municipalities of Davie, Hialeah, and North Bay Village, among others. Omar works with Hispanic organizations that promote diversity and offers a voice to Hispanics in Washington and throughout the country. He is the federal lobbyist for the Latino Coalition and is considered one of the most effective Hispanic federal lobbyists. He serves on the National Hispanic Advisory Council providing input to the President and Executive branch on important issues to the Hispanic community. Omar has established relations with several high-ranking Administration officials including Paul Teller, Special Assistant to the President for Legislative Affairs, and at the agencies including Bailey Wood, Communications Director at the Federal Transit Administration, and Anthony Bendell, the Deputy Assistant Secretary for Intergovernmental Affairs at Department of Transportation. Omar previously worked in the Florida Legislature and has known several members of the Florida delegation, including Congresswoman Kathy Castor, Congressman Darren Soto, Congressman Bill Posey, and several other members, who served in Tallahassee prior to their congressional service. Work History A Floridian living and working in the nation’s capital, Omar Franco has served in government at the state and federal levels and has represented local governments and private entities in Tallahassee and Washington, D.C. Starting in 1993, Mr. Franco served as a legislative aide to a 16.F.5.c Packet Pg. 2796 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 19 bipartisan group of Florida state legislators. He lobbied for the Florida Medical Association and the University of Miami. In 2001, then University of Miami President and current U.S. Representative Donna Shalala promoted him to Assistant Vice President of Governmental Relations, where he represented the university at both the federal and state levels of government and primarily worked on appropriations and health care issues. In 2003, Omar was named Chief of Staff for Congressman Mario Diaz-Balart (R-FL). He managed the Congressman’s Washington D.C., and district operations and closely counseled the Congressman in his areas of expertise which include federal appropriations, health care, transportation, higher education and issues dealing with Hispanics . During his tenure, Omar was granted Top Secret security clearance by the U.S. Department of Defense and assisted in founding the Congressional Hispanic Conference and the Congressional Hispanic Leadership Institute. He returned to lobbying in 2009 where he was the lead government relations consultant for the Miccosukee Tribe of Florida, Stratus Pharmaceuticals, Pacer Health, FalconTrust Air, Florida Gulf Coast University, Secure Wrap, Medical HealthCare Plans, and the municipalities of Hialeah, Miami Lakes and North Bay Village. He also worked on federal issues for CNL Financial Group, Vulcan, Inc., Charter Communications and Frontier Communications, among others. Omar founded Franco Government Relations in 2010 where he represented the Miccosukee Tribe of Florida, Florida Gulf Coast University, and the Town of Miami Lakes and continues representing the municipalities of Hialeah, North Bay Village and Hialeah Gardens. In 2011, he founded the Washington, D.C. office for Becker and built a federal lobbying practice for the Florida based law and lobbying firm. Education &Training Florida State University, B.A. Lobbying Certificate Program (LCP), Association of Government Relations Professionals Organizational Involvement Association of Government Relations Professionals, Board of Directors Hispanic Lobbyist Association (HLA), Board of Directors, past president, former treasurer Congressional Hispanic Leadership Institute (CHLI), Vice-Chair, Corporate Advisory Board Congressional Chiefs of Staff Alumni Association Examples of Client Accomplishments  Palm Beach County - Received clarification from the U.S. Department of Housing and Urban Development (HUD) concerning its interpretation of the Fair Housing Amendments Act regarding sober houses. The new joint statement put out by both the Department of Justice and HUD clarifies the Fair Housing Amendments Act and its application to group homes, including sober homes. This clarification from HUD allows Palm Beach County to pass ordinances to protect the safety of the residents of these homes. This was a top 16.F.5.c Packet Pg. 2797 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 20 priority for the County.  Town of Davie - Secured a U.S. Department of Homeland Security’s Federal Emergency Management Agency (FEMA) de-obligation appeal through the State of Florida associated with Hurricane Wilma in the amount of $1,190,691 for the Town of Davie.  Since we began advocating for the Town of Davie in 2013, we have identified numerous funding opportunities through federal agencies and various grant programs. We have reviewed past grant applications and identified some needed improvements. We are coordinating technical assistance training for Town staff to learn how to be more successful in applying for grants including COPS grants for police funding, SCBA grants for fire protection, and Economic Development Agency (EDA) grants. The Town renewed our one-year contract – another testament to our success for local government clients.  North Bay Village, FL – Secured $475,000 for a Bus Facility Project within the new Municipal Public Safety Complex. In addition, Omar worked with Rep. Debbie Wasserman Schultz’s office to assist North Bay Village in receiving $4,655,000 from the American Recovery & Reinvestment Act for the Force Main project.  North Bay Village, FL - For 42 years, wastewater from North Bay Village was pumped through the same pipe travelling more than two miles to Miami Beach to be processed. This force main pipeline rested on the floor of Biscayne Bay and was exposed to hazards such as impacts from boats. Damage to the pipe was accelerated by corrosion and age. This pipeline had caused six spill accidents and was causing continued environmental damage and health risks to North Bay Village and all the surrounding communities. Omar and other team members began working with North Bay Village to see if federal funding would be available to begin work on this project. Working closely with Senator Bill Nelson and Congresswoman Debbie Wasserman Schultz’s office, we resubmitted the appropriations request. After several years of work, North Bay Village received notification that it had been awarded $4,655,012 to completely rehabilitate the existing 12,000 feet of 12-inch force main that crosses the Biscayne Bay.  Miami Lakes, FL – Secured $570,000 Transportation-Housing and Urban Development (HUD) bill for vehicle procurement of two hybrid electric vehicles to provide trolleybus service. Omar and other team members worked with Congressman Mario Diaz-Balart’s office to secure $570,000 in the Transportation-HUD bill for vehicle procurement of two hybrid electric vehicles to provide this trolleybus service. The Town was seeking to enhance its existing transportation program, specifically, the general circulator trolleybus service routes. The driving force behind the transportation initiatives was to decrease traffic congestion and increase economic development via mass transit development projects. The general circulator service was enhanced with scheduled bus routes, installation of bus shelters and benches, and upgrades to street signs, among other things.  Hialeah, FL – Worked with Rep. Mario Diaz-Balart’s office and secured $500,000 for street and sidewalk improvements in the Transportation-HUD Appropriations bill and $250,000 for police equipment upgrades in the Commerce-Justice State Appropriations under the COPS account. The City was requesting federal funds to complete the reconstruction of the West 24th Avenue corridor from 52nd Street to 76th Street, as well as West 76th Street, from 20th to 36th Avenues. The federal dollars would be used to enhance storm water drainage, improve the lighting, sidewalk, and curb/gutter, and add 16.F.5.c Packet Pg. 2798 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 21 additional center turn lanes and an additional lane in either direction.  Transportation Security Administration (TSA) to promulgate new rules and regulations for the baggage wrapping industry in the United States.  Eastern Shipbuilding Group - $500 million was included in the FY-18 Omnibus bill of the Homeland Security Appropriations for the Coast Guard’s Offshore Patrol Cutter program, an increase of $400 million over FY-17 funding.  Small Business Development Centers - Secured $130,000,000 – a $20,000,000 increase over the President’s proposed budget. Overview Clarence Williams represents and advocates for a wide range of clients before Congress and federal executive branch agencies. Clients rely on Clarence’s policy and political acumen, gained over 15- plus years of public service in Tallahassee and in Washington, DC, to help them take advantage of federal opportunities and navigate potential pitfalls in regulations, procurement, and legislation. His clients include Florida Memorial University, Bethune Cookman University, Florida International University, Brevard County, Volusia County, and the Florida municipalities of Miami Gardens, North Miami, Palatka, West Park and Opa-Locka, among others. He takes advantage of his knowledge of state and federal government programs to help client’s access and leverage government funding and unravel complicated program overlap. As an example, he was able to secure $1 million plus in sequestered grant funds that were released during the government shut down for a capital project and negotiated $1 million plus in funds from the State’s Revolving Fund for a total of about $2.1 million secured for the City of Opa-Locka. A dynamic speaker who translates complex policy matters for all audiences, Clarence provides policy updates to clients on subjects including Opportunity Zones, health care, tax, government procurement, education, and general government process. 16.F.5.c Packet Pg. 2799 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 22 Work History Clarence spent eight years working in the Florida Legislature before moving to Washington DC. He understands the interplay between state and federal government programs and how to leverage funds for maximum benefit. His tenure in Tallahassee also provided access to current federal lawmakers such as Representatives Steube (a former Becker lawyer), Posey, Wasserman-Schultz, Frankel, Deutsch, just to name a few. He moved to Washington, D.C. to serve as Chief of Staff for Congressman Kendrick B. Meek (D- FL). He served as the Congressman’s chief policy advisor and strategist on all matters before the U.S. House of Representatives. He directly managed the Congressman’s portfolio of issues relating to the Committees on Ways and Means, Armed Services, Homeland Security, and Budget. Clarence specialized in issues involving health care, armed services, taxation, energy, local government issues, education, and domestic and international trade. As lead staff for Congressman Meek on the House Armed Services Committee, he has hands-on experience in military, scientific and defense related topics from policy to procurement to research and development. Since leaving Capitol Hill in 2011, Clarence has represented public and private sector clients before Congress and the Administration. He has had great success with securing funding and making legislative and regulatory changes to fulfill his client’s goals. He works especially closely with federal agencies including DOT, FAA, TSA, DHS and members of the House Transportation, Science, Space & Technology, Homeland Security and Armed Services Committees and Senate Commerce, Armed Services and Homeland Security Committees and House and Senate Appropriations Committees, including the Chairs and Ranking Members. Education & Training Florida State University, B.A. Organizational Involvement Congressional Black Caucus American League of Lobbyists Congressional Chiefs of Staff Alumni Association Examples of Client Accomplishments  Assisted Bethune-Cookman University in obtaining an invitation to join an $86 million federal STEM research consortium sponsored by the United States Army, as well as a DOJ-sponsored research project to study behavioral aspects of domestic violence.  Secured $5.1 million for client, Florida International University, to create a Center of Excellence in partnership with the Department of Defense, NASA, and NOAA for research in origami antennae.  Assisted the City of Miami Gardens in obtaining $1.2 million through the Department of Justice’s COPS program for the hiring of the city’s first entirely residential police class.  Leveraged federal-state relationships to orchestrate the release of over $1 million in sequestered grant funds for a capital project in Opa-Locka while simultaneously 16.F.5.c Packet Pg. 2800 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 23 negotiating funds from the State Revolving Fund totaling just under $1 million for a related project in Opa-Locka.  Worked with the Department of Transportation’s Federal Aviation Administration (FAA) to maintain the operation of the Executive Airport in Opa-Locka in the face of widespread contract tower closing. Opa-Locka was one of only 24 airports to remain open of the original 177 slated for closing.  Secured a $25 million authorization in the National Defense Authorization Act for client STS International Inc.  Secured multi-year funding through the United States Air Force for Florida Memorial University’s Aviation and Aerospace program  Established working/advisory relationship between NASA’s manned exploration divisions and client ACR Electronics on iridium-based communications networks  Worked with program officials within the Department of Education and Congressional committee staff to provide the Department with authority to modify eligibility requirements for an existing program that had remaining funds from the previous budget year. In advocating for and obtaining the modification the Department wanted and our client needed, our team was able to assist client Florida Memorial University in receiving $12 million in capital funding from the program’s remaining money  Worked with the Department of Defense on issues concerning logistics, IED technology, and securing their fuel fleet.  Obtained $4.9 million from the United States Air Force for client Florida International University to create a Center of Excellence in Origami Antenna development.  Assisted the University of Miami in partnering with the National Institute of Occupational Safety and Health through an MOU agreement to perform research related to firefighter cancers. 16.F.5.c Packet Pg. 2801 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 24 Overview Steven Blattner is a Government Relations Consultant in Becker’s Federal Lobbying Practice based in Washington, D.C. Like other team members, Steven is also a Floridian living and working in the nation’s capital. Work History Steven previously served as a Legislative Assistant to U.S. Congresswoman Yvette D. Clarke, managing the legislative portfolio of issues under jurisdiction of the House Committee on Energy and Commerce, specifically the Communications and Technology, Consumer Protection and Commerce, and Oversight and Investigations Subcommittees. Steven has substantial experience meeting with stakeholders to communicate priority issues, facilitating communications with local organizations and activists on issues of importance, and drafting remarks and advising on legislation and policy proposals. Since leaving Capitol Hill, he has assisted the federal lobbying team with client initiatives such as fly-ins, meeting coordination, congressional hearings and testimony, bill tracking, client communications. Education & Training George Washington University, M.A. University of Miami, B.A. 16.F.5.c Packet Pg. 2802 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 25 Overview David Muller is the shareholder in charge of the firm’s Naples office and serves as the firm’s local liaison for the Collier County federal lobbying contract. He is active in the community through legal and real estate industry groups such as CAMMI (Community Association Managers of Marco Island), Building Managers International, Community Associations Institute, South Gulf Coast Chapter, and Collier County Bar Association. He lives and works in Collier County and is familiar with local, state and federal issues facing the County. He is available to represent the DC-based federal lobbying team when needed. David concentrates his legal practice on the law of community associations, primarily representing the Boards of condominium, cooperative, mobile home and homeowners’ associations throughout Southwest Florida. He is also one of only 190 attorneys statewide who is a Board-Certified Specialist in Condominium and Planned Development Law. Work History Mr. Muller began his legal career as an Assistant State Attorney in Brevard County, Florida. He has extensive trial experience in covenant enforcement, personal injury, criminal, construction and foreclosure law. Prior to becoming an attorney, Mr. Muller worked as a staff member for United States Congressman Dave Weldon, M.D. (FL 15th District, Melbourne). While working for Congressman Weldon, Mr. Muller assisted constituents by serving as a liaison between local government, business officials and federal agencies. Organization Involvement CAMMI (Community Association Managers of Marco Island, Inc.) Building Managers International, Inc. Community Associations Institute, South Gulf Coast Chapter Collier County Bar Association 16.F.5.c Packet Pg. 2803 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 26 Trinity by the Cove Episcopal Church T2 Aquatics Swim Team Barron Collier High School Swim Team USA South Volleyball Naples Area Triathletes Girls on the Run of Southwest Florida Education & Training University of Miami, J.D. Emory University, B.A. Collier County Federal Lobbying Team Members & Roles Amanda Wood will serve as team quarterback with primary responsibility for client communication, overall strategic direction and execution of the agreed upon agenda. Amanda will also serve as primary Senate liaison and coalition builder with natural allies such as other Florida counties, organizations such as the Florida and National Association of Counties. Based on the County’s identified priorities, she will primarily focus on issues related to transportation policies and funding, environmental, water quality, shore protection, housing policies and funding, FEMA, health, human services and appropriations. Omar Franco will serve as co-lead with primary responsibility for Senate and House Republicans and White House and Administration personnel. His issue focus will primarily be on housing, transportation, environmental and disaster related issues and appropriations. Clarence Williams will focus on House Democrats and issues relating to water quality, beach restoration, workforce development, economic development and appropriations. Steven Blattner will assist all team members by attending hearings, preparing summaries/reports and coordinating logistics for visits by Collier County leaders to Washington, D.C. and site visits to Collier County. David Muller is a Shareholder in Becker’s Naples office. He will serve as local liaison to Collier County, providing the team with local knowledge and ground support. 16.F.5.c Packet Pg. 2804 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 27 Identify the total annual costs for the services outlined in the solicitation document. Cost should be inclusive and shall be full compensation for all services. Travel expenses shall not be included and  Travel will be pre-approved by the County’s project manager  Travel will be paid according to expenses by the State of Florida The retainer fee to provide Federal Lobbyist Services for Collier County remains “as is” at $8,750 per month. This is a full-service federal lobbying contract inclusive of the scope of services included in the RFP. No additional fees are contemplated. We understand that any travel on behalf of Collier County must be approved in advance by the County’s project manager. For services outside the scope of work, such as State Lobbying, or any type of legal work, the following hourly fee schedule would apply or could be negotiated on a retainer basis. Shareholder/Director $400 - 600/hour Senior Associate/Senior Government Relations Associate $300 – 500/hour Associate $200 – 400/hour 1. Indicate the number of times the proposer or their principals have filed for bankruptcy, business related claims, arbitrations, administrative hearings and lawsuits that are pending or were filed in the last five years (January 1, 2013-December 31, 2018) None of these are applicable to Becker except for the rare instance of the firm filing a claim due to non-payment by one of its clients. In the past 5 years, the firm has made only 28 claims against clients who have not paid their bills. Due to attorney/client privilege we cannot provide details in the public domain but would be happy to answer any questions Collier County may have. 2. Provide the average number of days the firm pays its accounts payable transactions 30 days EVALUATION CRITERIA NO. 5 – COST OF SERVICES TO THE COUNTY EVALUATION CRITERIA NO. 6 – FISCAL STABILITY 16.F.5.c Packet Pg. 2805 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 28 3. Provide the number of external audits “management comments” letters received during the past five years (January 1, 2013-December 31,2018)  Provide a copy of any such letters  Provide the previous two years of income statement, balance sheet and statement of cash flow. No “Management Comments” letter received in the past 5 years. See confidential income statement, balance sheet, and statement of cash flow for Becker in the attached Appendix D. See Appendix B attached for the Business Tax Receipt for the Becker office located in Collier County at 4001 Tamiami Trail North (Northern Trust building), Suite 270, Naples, 34103. The office is fully staffed and operational. This office is where the firm serves it clients in Southwest Florida. The firm maintains another Southwest Florida office in Lee County at 12140 Carissa Court Drive, Suite 200, Ft. Myers, 33966. Both offices have been fully operation for more than two decades. EVALUATION CRITERIA NO. 7 – LOCAL PREFERENCE 16.F.5.c Packet Pg. 2806 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 29 APPENDIX: Required Forms and Attachments A. References B. Forms C. Federal Lobbyist Registrations D. Income Statement, Balance Sheet, and Statement of Cash Flow E. Business Tax Receipts F. Registration with Florida Department of State 16.F.5.c Packet Pg. 2807 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 30 A. References 16.F.5.c Packet Pg. 2808 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2809 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2810 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2811 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 31 Sarasota County Description: Federal Lobbyist Services Status: Ongoing Amanda Wood has been the lead federal lobbyist for Sarasota County since 2014. Sarasota is a large, primarily suburban county 60 miles south of Tampa with close to 400,000 permanent residents, plus thousands of year-round visitors. It includes 37 miles of coastline along the Gulf of Mexico and is well-known for its beautiful beaches, outdoor lifestyle and world-class art and culture. Accomplishments for Sarasota County include:  Secured expedited reconsideration and approval of athlete visas for World Rowing Championship;  Secured support for tax-exempt status of municipal bonds and succeeded in eliminating language in the final tax package that would have impacted bonding for the construction of professional sports stadiums; staff estimates $212,000 to be saved annually due to removal of this provision;  Advocated for post-hurricane relief, including on the issue of debris removal, and worked to advance enacted $133 billion in relief; also advanced Federal Emergency Management Agency (FEMA) project worksheet approvals, including Turtle Beach;  Engaged with the Army Corps of Engineers and Fish and Wildlife Services and leveraged the interest of the County’s Congressional Delegation to expedit e approval of federal permits required for local projects such as Snook Haven;  Established relationship and held planning calls with U.S. Department of Transportation and internally regarding TIGER projects and other potential funding applications; y Despite being slashed in the President’s budget request, achieved full-level funding levels for both CDBG and HOME programs in the HUD budget;  Secured a legislative fix that will prevent FEMA from unreasonable de -obligation more than three years after the project close-out; this language has been included in the pending FEMA reauthorization bill;  Identified potential funding sources for local projects including neighborhood revitalization, transportation infrastructure, public transit and public safety needs and are available to assist with reviewing applications, building political support, building appropriate and effective grant budgets and narratives, and assisting with drawdown of funds;  Secured letters of support for pending grant applications as well as debriefs for those that were not successful;  Advocate for a National Flood Insurance Program (NFIP) reauthorization (currently operating under an extension) that can bring solvency to the NFIP without unduly burdening homeowners, businesses and taxpayers and ensure all property owners receive affordable flood insurance;  Assisted the County in ensuring that the “Waters of the U.S.” regulations from the 16.F.5.c Packet Pg. 2812 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 32 Environmental Protection Agency (EPA) and the Army Corps of Engineers were not applied in an unnecessarily broad manner. These regulations would have had a significant impact on Sarasota, and we continue to work to ensure sensible regulation through the ongoing “repeal and replace” effort. Contact: Rob Lewis Governmental Relations Sarasota County 941.861.7271 rlewis@scgov.net Date of Contract: 2014 Palm Beach County Description: Federal Lobbyist Services Status: Ongoing Omar Franco has led the Becker lobbying team’s representation of Palm Beach County since 2011. Palm Beach County is a large coastal county with urban, suburban and rural communities. Its population is 1.4 million people. The following priority issues were developed based on County priorities and the realities of the Federal budget and Congressional interest. A. One of the county’s top priorities has been the proliferation of “Sober Homes” throughout the County. Omar worked tirelessly with the County to urge HUD to clarify the language within the Fair Housing Amendments Act (“the Act”) and its application to sober homes. The courts have applied the Act inconsistently over the years and this has caused a great burden to be placed upon the states and local governments. Through Omar’s work, the County has made strides with supported changes to federal rules. The joint statement put out by both the Department of Justice and HUD clarifies the Fair Housing Amendments Act and its application to group homes, including sober homes. This clarification allows Palm Beach County to pass ordinances to protect the safety of the residents of these homes. Omar continues to work with HUD for additional clarifications sought by the County. B. Related to the Sober Home issue, Palm Beach County promotes a comprehensive approach to tackle the County’s issues with opioid addiction from recovery, to health care, to law enforcement. The Becker Lobbying team worked on the Comprehensive Addiction and Recovery Act and is helping the County navigate Congress’ new proposals to combat the crisis. We are monitoring the administrative actions from the President’s Commission on Combating Drug Addiction and the Opioid Crisis. Our team works for Palm Beach County in advocating for efforts to combat opioid addiction issues and monitoring federal opioid 16.F.5.c Packet Pg. 2813 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 33 related issues. Palm Beach County is a national leader in their work to address the opioid crisis and we can bring our experience and network in helping support the County’s Project Opioid with the City of Orlando to address this epidemic. C. To achieve both flexibility and an ongoing source of vital sand resources, Palm Beach County is working to gain passage of the Sand Acquisition, Nourishment and Development (SAND) Act (H.R. 833/ S. 279) introduced by Senators Marco Rubio and Rep. Lois Frankel. If passed, the SAND Act will repeal an archaic law that does not allow communities to buy sand from the Bahamas and other foreign countries to replenish shorelines and will alleviate the high price of trucking in sand. Unlikely to pass as standalone legislation, we would anticipate the next Water Resources Development Act as a vehicle for inclusion of this provision. We are already working with Palm Beach County and others to support beach re-nourishment funding and efforts through the SAND Act. D. Palm Beach County supports the Comprehensive Everglades Restoration Project and the Herbert Hoover Dike. The failure of the Dike surrounding Lake Okeechobee could have severe effects on the surrounding region, including Palm Beach County. Palm Beach County supports actions by the federal government to expedite full rehabilitation of the Herbert Hoover Dike. Omar and the Becker lobbying team have been facilitating meetings and strategy sessions with influential Congressional staff and lawmakers to help secure Everglades Restoration funding for 16 counties around Lake Okeechobee. Our goal is to increase capacity for the Herbert Hoover Dike to limit discharge seen as contributing to the algae bloom devastating Florida beaches and waterways. The Becker team works hard to facilitate consensus and build coalitions around priority issues for its clients. Congressional Members and staff tell us how much they appreciate their cities and counties working together to support needed legislative changes. Contact: Tod Bonlarron, Assistant County Administrator or Rebecca deLaRosa, Legislative Affairs Director 301 N. Olive Avenue West Palm Beach, FL 33401 P: (561) 355-4019 tbonlarr@pbcgov.org rdelarosa@pbcgov.org Date of Contract: 2011 16.F.5.c Packet Pg. 2814 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 34 ShotSpotter Description: Federal Lobbyist Services Status: Ongoing Amanda Wood has been ShotSpotter/SST’s federal lobbyist and federal funding consultant for the past 14 years. ShotSpotter provides precision-policing solutions for law enforcement to help deter gun violence and make cities safer. ShotSpotter is the leading gunshot detection, location and forensic analysis system in the World, and is trusted by over 100 cities.  Guided and advised public safety innovator ShotSpotter and its local government clients in securing over $10 million in federal funding to protect their communities through Gunshot Detection System coverage.  In fiscal year 2019, we worked with communities throughout the United States to apply for federal grant funding for ShotSpotter deployment and were successful in securing five grants totaling over $2.5 million for ShotSpotter coverage.  Review grant applications; provide strategic advice and recommend changes based on our internal knowledge of the Federal agency’s priorities; enlist Congressional support by securing letters and endorsement calls for pending grant applications; once awarded, we work with Federal agencies to expedite the drawdown of awarded funds; and request reprogramming of already awarded funding so that it may be used for another purchase.  Supported efforts to deploy ShotSpotter widely, including the following communities in Florida that currently use the technology: o Fort Myers o Hillsborough County o Jacksonville o Lake Park o Miami o Miami-Dade County o Miami Gardens o Palm Beach County o Riviera Beach o Tampa o West Palm Beach Contact: Jack Pontious, Sales Director 7979 Gateway Boulevard, Suite 210, Newark, CA, 94560 (202) 258-0141 jpontious@shotspotter.com Date of Contract: 2014 16.F.5.c Packet Pg. 2815 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 35 B. Forms 16.F.5.c Packet Pg. 2816 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2817 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2818 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2819 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2820 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2821 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 1 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR WEB SERVICES EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY A Web Services Employer is an Employer who verifies employment authorization for its newly hired employees using a Web Services interface. E-Verify is a program that electronically confirms a newly hired employee’s authorization to work in the United States after completion of the Form I-9, Employment Eligibility Verification (Form I-9). This MOU explains certain features of the E-Verify program and describes specific responsibilities of the Web Services Employer, DHS, and the Social Security Administration (SSA). For purposes of this MOU, the “E-Verify browser” refers to the website that provides direct access to the E-Verify system: https://e-verify.uscis.gov/emp/. You may access E-Verify directly free of charge via the E-Verify browser. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. Before accessing E-Verify using Web Services access, the Web Services Employer must meet certain technical requirements. This will require the investment of significant amounts of resources and time. If the Web Services Employer is required to use E-Verify prior to completion and acceptance of its Web Services interface, then it must use the E-Verify browser until it is able to use its Web Services interface. The Web Services Employer must also maintain ongoing technical compatibility with E-Verify. DHS accepts no liability relating to the Web Services Employer’s development or maintenance of any Web Services access system. 1398536 The parties to this Agreement are the Department of Homeland Security (DHS) and Becker & Poliakoff, P.A. (Web Services Employer). The purpose of this agreement is to set forth terms and conditions which the Web Services Employer will follow while participating in E-Verify. 16.F.5.c Packet Pg. 2822 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 2 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE WEB SERVICES EMPLOYER 1. By enrolling in E-Verify and signing the applicable MOU, the Web Services Employer asserts that it is a legitimate company which intends to use E-Verify for legitimate purposes only and in accordance with the laws, regulations, and DHS policies and procedures relating to the use of E-Verify. 2. The Web Services Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 3. The Web Services Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Web Services Employer representatives to be contacted about E-Verify. The Web Services Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes. 4. The Web Services Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Web Services Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. 5. The Web Services Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. The Web Services Employer will ensure that outdated manuals are promptly replaced with the new version of the E-Verify User Manual when it becomes available. 6. The Web Services Employer agrees that any person accessing E-Verify on its behalf is trained on the most recent E-Verify policy and procedures. 7. The Web Services Employer agrees that any of its representatives who will create E-Verify cases will complete the E-Verify Tutorial before creating any cases. a. The Web Services Employer agrees that all of its representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 8. The Web Services E-Verify Employer Agent agrees to obtain the necessary equipment to use E- Verify as required by the E-Verify rules and regulations as modified from time to time. 9. The Web Services E-Verify Employer Agent agrees to, consistent with applicable laws, regulations, and policies, commit sufficient personnel and resources to meet the requirements of this MOU. 10. The Web Services Employer agrees to comply with current Form I-9 procedures, with two 1398536 16.F.5.c Packet Pg. 2823 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 3 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: exceptions: a. If an employee presents a "List B" identity document, the Web Services Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Web Services Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Web Services Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Web Services Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9. 11. The Web Services Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9. 12. The Web Services Employer agrees that, although it participates in E-Verify, the Web Services Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures. a. The f ollowing modified requirements are the only exceptions to a Web Services Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When a Web Services Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, it establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Web Services Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Web Services Employer must notify DHS and the Web Services Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Web Services Employer continues to employ an employee after receiving a final nonconfirmation, then the Web Services Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of 1398536 16.F.5.c Packet Pg. 2824 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 4 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: E-Verif y. 13. The Web Services Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. If, however, the Web Services interface is unavailable due to no fault of E-Verify, then the three day time period is not extended. In such a case, the Web Services Employer must use the E-Verify browser during the outage. 14. The Web Services Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 15. The Web Services Employer must use E-Verify for all new employees. The Web Services Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 16. The Web Services Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Web Services Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Web Services Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Web Services Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Web Services Employer must allow employees to contest the finding, and not tak e adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B below) to contact DHS with information necessary to resolve the challenge. 17. The Web Services Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Web Services Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment 1398536 16.F.5.c Packet Pg. 2825 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 5 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconf irmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Web Services Employer can find the employee is not work authorized and terminate the employee’s employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 (customer service) or 1-888-897-7781 (worker hotline). 18. The Web Services Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Web Services Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound “foreign” or have received tentative nonconfirmations. The Web Services Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Web Services Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Web Services Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Web Services Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 19. The Web Services Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Web Services Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Web Services Employer who are authorized to perform the Web Services Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 20. The W eb Services Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify. 21. The Web Services Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 1398536 16.F.5.c Packet Pg. 2826 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 6 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: 22. The Web Services Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. a. The Web Services Employer agrees to cooperate with DHS if DHS requests information about the Web Services Employer’s interface, including requests by DHS to view the actual interface operated by the Web Services Employer as well as related business documents. The Web Services Employer agrees to demonstrate for DHS the functionality of its interface to E-Verify upon request. 23. The Web Services Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 24. The Web Services Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 25. The Web Services Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 26. The Web Services Employer agrees to complete its Web Services interface no later than six months after the date the Web Services Employer signs this MOU. E-Verify considers the interface to be complete once it has been built pursuant to the Interface Control Agreement (ICA), submitted to E-Verify for testing, and approved for system access. 27. The Web Services Employer agrees to perform sufficient maintenance on the Web Services interface in accordance with the requirements listed in the ICA. These requirements include, but are not limited to, updating the Web Services interface to ensure that any updates or enhancements are incorporated no later than six months after the issuance of an ICA. Web Services Employers should be aware that this will require the investment of time and resources. Compliance with the requirements of the ICA must be carried out to the satisfaction of DHS and or its assignees. 28. The Web Services Employer agrees that any system or interface it develops will follow the steps for creating E-Verify cases and processing tentative nonconfirmations, as laid out in the ICA, this MOU and the User Manual, including but not limited to allowing an employer to close an invalid case where appropriate, allowing an employer to refer a tentative nonconfirmation only when an employee chooses to contest a tentative nonconfirmation (no automatic referrals), and referring a tentative nonconfirmation 1398536 16.F.5.c Packet Pg. 2827 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 7 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: to the appropriate agency at the time the employer prints the referral letter and provides the letter to the employee. The Web Services Employer understands that any failure to make its system or interface consistent with proper E-Verify procedures can result in DHS terminating the Web Services Employer’s agreement and access. 29. The Web Services Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Web Services Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. EMPLOYERS THAT ARE FEDERAL CONTRACTORS WITH THE FAR E-VERIFY CLAUSE NOTE: If you do not have any Federal contracts at this time, this section does not apply to your company. In the future, if you are awarded a Federal contract that contains the FAR E-Verify clause, then you must comply with each provision in this Section. See 48 C.F.R. 52.222.54 for the text of the FAR E-Verify clause and the E-Verify Supplemental Guide for Federal Contractors for complete information. 1. If the Web Services Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Web Services Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Web Services Employer, the Employer may not create a second case for the employee through E-Verify. a. A Web Services Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Web Services Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Web Services Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Web Services Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. b. Web Services Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Web Services Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Web Services Employer must, within 90 days of enrollment, begin to use E-Verify to initiate 1398536 16.F.5.c Packet Pg. 2828 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 8 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. A Web Services Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Web Services Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later. d. Upon enrollment, Web Services Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Web Services Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Web Services Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee’s work authorization has not expired, and iii. The Web Services Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Web Services Employer shall complete a new Form I-9 consistent with Article II.A.10 or update the previous Form I-9 to provide the necessary information if: i. The Web Services Employer cannot determine that Form I-9 complies with Article II.A.10, ii. The employee’s basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form I-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.A.10, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Web Services Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. 1398536 16.F.5.c Packet Pg. 2829 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 9 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: g. The Web Services Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Web Services Employer that is not a Federal contractor based on this Article. 3. The Web Services Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Web Services Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Web Services Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database. 2. SSA agrees to safeguard the information the Web Services Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Web Services Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If a Web Services Employer experiences technical problems, or has a policy question, the Web Services Employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS agrees to provide the Web Services Employer access to selected data from DHS databases to enable the Web Services Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on employees by electronic means, and b. Photo verification checks (when available) on employees. 1398536 16.F.5.c Packet Pg. 2830 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 10 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: 2. DHS agrees to provide to the Web Services Employer appropriate assistance with operational problems that may arise during the Web Services Employer's participation in the E-Verify program. DHS agrees to provide the Web Services Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to make available to the Web Services Employer at the E-Verify Web site (www.dhs.gov/E-Verify) and on the E-Verify Web browser (https://e-verify.uscis.gov/emp/), instructional materials on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Web Services Employer a notice that indicates the Web Services Employer's participation in the E-Verify program. DHS also agrees to provide to the Web Services Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Web Services Employer a user identification number and password that permits the Employer to verify information provided by its employees with DHS. 6. DHS agrees to safeguard the information provided to DHS by the Web Services Employer, and to limit access to such information to individuals responsible for the verification of employees’ employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal or anti-discrimination laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as necessary) for employees who contest DHS tentative nonconfirmations and photo non-match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. 9. DHS agrees to provide the Web Services Employer with an Interface Control Agreement (ICA). This document will provide technical requirements that the Web Services Employer must meet to create and maintain a Web Services interface to the Verification Information System (VIS). VIS is a composite information system that provides immigration status verification for government agencies and verification of employment authorization for employers participating in E-Verify. 10. DHS agrees to provide periodic system enhancements to improve the ease and accuracy of E-Verify, as needed. DHS will also provide E-Verify enhancements to comply with applicable laws and regulations. As enhancements occur, Web Services Employers must update their Web Services 1398536 16.F.5.c Packet Pg. 2831 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 11 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: interface to reflect system changes within the timelines specified in Article V.A.1. DHS will provide the Web Services Employer with an ICA to support the E-Verify release whenever system enhancements are required. 11. DHS agrees to provide to the Web Services Employer guidance on breach notification and a means by which the Web Services Employer can report any and all suspected or confirmed breaches of owned or used systems or data spills related to E-Verify cases. At this time, if the Employer encounters a suspected or confirmed breach or data spill, it should contact E-Verify at 1-888-464-4218. 12. In the event the Web Services Employer is subject to penalties, DHS will issue a Notice of Adverse Action that describes the specific violations if it intends to suspend or terminate the employer’s Web Services interface access. The Web Services Employer agrees that DHS shall not be liable for any financial losses to the Web Services Employer, its employees, or any other party as a result of your account suspension or termination and agrees to hold DHS harmless from any such claims. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Web Services Employer receives a tentative nonconfirmation issued by SSA, the Web Services Employer must print the notice and promptly provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. The Web Services Employer must review the tentative nonconfirmation with the employee in private. After the notice has been signed, the Web Services Employer must give a copy of the signed notice to the employee and attach a copy to the employee’s Form I-9. 2. The Web Services Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Web Services Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Web Services Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Web Services Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Web Services Employer will provide the employee with a system-generated referral letter and instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Web Services Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates. 4. The Web Services Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. 1398536 16.F.5.c Packet Pg. 2832 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 12 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: B. REFERRAL TO DHS 1. If the Web Services Employer receives a tentative nonconfirmation issued by DHS, the Web Services Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Web Services Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Web Services Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Web Services Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Web Services Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Web Services Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Web Services Employer will instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Web Services Employer finds a photo mismatch, the Web Services Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Web Services Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Web Services Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Web Services Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Web Services Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Web Services Employer agrees to check the E-Verify system regularly for case updates. 10. DHS agrees to provide the Web Services Employer with an Interface Control Agreement (ICA). 1398536 16.F.5.c Packet Pg. 2833 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 13 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: This document will provide technical requirements that the Web Services Employer must meet to create and maintain a Web Services interface to the Verification Information System (VIS). VIS is a composite information system that provides immigration status verification for government agencies and verification of employment authorization for employers participating in E-Verify. 11. DHS agrees to provide periodic system enhancements to improve the ease and accuracy of E-Verify, as needed. DHS will also provide E-Verify enhancements to comply with applicable laws and regulations. As enhancements occur, Web Services Employers must update their Web Services interface to reflect system changes within the timelines specified in Article V.A.1. DHS will provide the Web Services Employer with an ICA to support the E-Verify release whenever system enhancements are required. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer or the Web Services E-Verify Employer Agent for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V SYSTEM SECURITY AND MAINTENANCE A. DEVELOPMENT REQUIREMENTS 1. Software developed by Web Services Employers must comply with federally-mandated information security policies and industry security standards to include but not limited to: a. Public Law 107-347, "E-Government Act of 2002, Title III, Federal Information Security Management Act (FISMA)," December 2002. b. Office of Management and Budget (OMB) Memorandum (M-10-15), "FY 2010 Reporting Instructions for the Federal Information Security Management Act and Agency Privacy Management," April 2010. c. National Institute of Standards and Technology (NIST) Special Publication (SP) and Federal Information Processing Standards Publication (FIPS). d. International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 27002, Information Technology — Security Techniques — Code of Practice for Information Security Management. 2. The Web Services Employer agrees to update its Web Services interface to the satisfaction of DHS or its assignees to reflect system enhancements within six months from the date DHS notifies the Web Services User of the system update. The Web Services User will receive notice from DHS in the form 1398536 16.F.5.c Packet Pg. 2834 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 14 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: of an Interface Control Agreement (ICA). The Web Services Employer agrees to institute changes to its interface as identified in the ICA, including all functionality identified and all data elements detailed therein. 3. The Web Services Employer agrees to demonstrate progress of its efforts to update its Web Services interface if and when DHS requests such progress reports. 4. The Web Services Employer acknowledges that if its system enhancements are not completed to the satisfaction of DHS or its assignees within six months from the date DHS notifies the Web Services Employer of the system update, then the Web Services Employer’s E-Verify account may be suspended, and support for previous releases of E-Verif y may no longer be available to the Web Services Employer. The Web Services Employer also acknowledges that DHS may suspend its account after the six-month period has elapsed. 5. The Web Services Employer agrees to incorporate error handling logic into its development or software to accommodate and act in a timely fashion should an error code be returned. 6. The Web Services Employer agrees to complete the technical requirements testing which is confirmed upon receiving approval of test data and connectivity between the Web Services Employer and DHS. 7. DHS will not reimburse any Web Services Employer or software developer who has expended resources in the development or maintenance of a Web Services interface if that party is unable, or becomes unable, to meet any of the requirements set forth in this MOU. 8. Housing, development, infrastructure, maintenance, and testing of the Web Services applications may take place outside the United States and its territories, but testing must be conducted to ensure that the code is correct and secure. 9. Tf the Web Services Employer includes an electronic Form I-9 as part of its interface, then it must comply with the standards for electronic retention of Form I-9 found in 8 CFR 274a.2(e). B. INFORMATION SECURITY REQUIREMENTS Web Services Employers performing verification services under this MOU must ensure that information that is shared between the Web Services Employer and DHS is appropriately protected comparable to the protection provided when the information is within the DHS environment [OMB Circular A-130 Appendix III]. To achieve this level of information security, the Web Services Employer agrees to institute the following procedures: 1. Conduct periodic assessments of risk, including the magnitude of harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the DHS, SSA, and the Web Services Employer; 1398536 16.F.5.c Packet Pg. 2835 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 15 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: 2. Develop policies and procedures that are based on risk assessments, cost-effectively reduce information security risks to an acceptable level, and ensure that information security is addressed throughout the life cycle of each organizational information system; 3. Implement subordinate plans for providing adequate information security for networks, facilities, information systems, or groups of information systems, as appropriate; 4. Conduct security awareness training to inform the Web Services Employer’s personnel (including contractors and other users of information systems that support the operations and assets of the organization) of the information security risks associated with their activities and their responsibilities in complying with organizational policies and procedures designed to reduce these risks; 5. Develop periodic testing and evaluation of the effectiveness of information security policies, procedures, practices, and security controls to be performed with a frequency depending on risk, but no less than once per year; 6. Develop a process for planning, implementing, evaluating, and documenting remedial actions to address any deficiencies in the information security policies, procedures, and practices of the organization; 7. Implement procedures for detecting, reporting, and responding to security incidents; 8. Create plans and procedures to ensure continuity of operations for information systems that support the operations and assets of the organization; 9. In information-sharing environments, the information owner is responsible for establishing the rules for appropriate use and protection of the subject information and retains that responsibility even when the information is shared with or provided to other organizations [NIST SP 800-37]. 10. DHS reserves the right to restrict Web Services calls from certain IP addresses. 11. DHS reserves the right to audit the Web Services Employer’s application. 12. Web Services Employers agree to cooperate willingly with the DHS assessment of information security and privacy practices used by the company to develop and maintain the software. C. DATA PROTECTION AND PRIVACY REQUIREMENTS 1. Web Services Employers must practice proper Internet security; this means using HTTP over SSL/TLS (also known as HTTPS) when accessing DHS information resources such as E-Verify [NIST SP 800-95]. Internet security practices like this are necessary because Simple Object Access Protocol (SOAP), which provides a basic messaging framework on which Web Services can be built, allows messages to be viewed or modified by attackers as messages traverse the Internet and is not independently designed with all the necessary security protocols for E-Verify use. 2. In accordance with DHS standards, the Web Services Employer agrees to maintain physical, electronic, and procedural safeguards to appropriately protect the information shared under this MOU 1398536 16.F.5.c Packet Pg. 2836 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 16 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: against loss, theft, misuse, unauthorized access, and improper disclosure, copying use, modification or deletion. 3. Any data transmission requiring encryption shall comply with the following standards: • Products using FIPS 197 Advanced Encryption Standard (AES) algorithms with at least 256-bit encryption that has been validated under FIPS 140-2. • NSA Type 2 or Type 1 encryption. 4. User ID Management (Set Standard): All information exchanged between the parties under this MOU will be done only through authorized Web Services Employer representatives identified above. 5. The Web Services Employer agrees to use the E-Verify browser instead of its own interface if it has not yet upgraded its interface to comply with the Federal Acquisition Regulation (FAR) system changes. In addition, Web Services Employers whose interfaces do not support the Form I-9 from 2/2/2009 or 8/7/2009 agree to use the E-Verify browser until the system upgrade is completed. 6. The Web Services Employer agrees to use the E-Verify browser instead of its own interface if it has not completed updates to its system to the satisfaction of DHS or its assignees within six months from the date DHS notifies the Web Services Employer of the system update. The Web Services Employer can resume use of its interface once it is up-to-date, unless the Web Services Employer has been suspended or terminated from continued use of the system. D. COMMUNICATIONS 1. The Web Services Employer agrees to develop an electronic system that is not subject to any agreement or other requirement that would restrict access and use by an agency of the United States. 2. The Web Services Employer agrees to develop effective controls to ensure the integrity, accuracy and reliability of its electronic system. 3. The Web Services Employer agrees to develop an inspection and quality assurance program that regularly (at least once per year) evaluates the electronic system, and includes periodic checks of electronically stored information. The Web Services Employer agrees to share the results of its regular inspection and quality assurance program with DHS upon request. 4. The Web Services Employer agrees to develop an electronic system with the ability to produce legible copies of applicable notices, letters, and other written, photographic and graphic materials. 5. All information exchanged between the parties under this MOU will be in accordance with applicable laws, regulations, and policies, including but not limited to, information security guidelines of the sending party with respect to any information that is deemed Personally Identifiable Information (PII), including but not limited to the employee or applicant’s Social Security number, alien number, date of birth, or other information that may be used to identify the individual. 6. Suspected and confirmed information security breaches must be reported to DHS according to Article V.C.1. Reporting such breaches does not relieve the Web Services Employer from further 1398536 16.F.5.c Packet Pg. 2837 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 17 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: requirements as directed by state and local law. The Web Services Employer is subject to applicable state laws regarding data protection and incident reporting in addition to the requirements herein. E. S OFTWARE DEVELOPMENT RESTRICTIONS 1. DHS reserves the right to terminate the access of any software developer with or without notice who creates or uses an interface that does not comply with E -Verify procedures. 2. Employers are prohibited from Web Services Software development unless they also create cases in E-Verify to verify their new hires’ work authorization. Those pursuing software development without intending to use E-Verify are not eligible to receive an ICA. At this time, E-Verify does not permit Web Services software development without also being a Web Services Employer or Web Services E-Verify Employer Agent . F. PENALTIES 1. The Web Services Employer agrees that any failure on its part to comply with the terms of the MOU may result in account suspension, termination, or other adverse action. 2. DHS is not liable for any financial losses to Web Services Employer, its clients, or any other party as a result of account suspension or termination. ARTICLE VI MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E -Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. B. TERMINATION 1. The Web Services Employer may terminate this MOU and its participation in E -Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Web Services Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Web Services Employer, or a failure on the part of either party to comply with established E -Verify procedures and/or legal requirements. The Web Services Employer understands that if it is a Federal contractor, termination of this MOU by any party 1398536 16.F.5.c Packet Pg. 2838 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 18 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: for an y reason may negatively affect the performance of its contractual responsibilities. Similarly, the Web Services Employer understands that if it is in a state where E -Verify is mandatory, termination of this by any party MOU may negatively affect the Web Services Employer’s business. 3.A Web Services Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E -Verify is terminated or completed. In such cases, the Web Services Employer must provide written notice to DHS. If the Web Services Employer fails to provide such notice, then that Web Services Employer will remain an E -Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4.The Web Services Employer agrees that E -Verify is not liable for any losses, financial or otherwise, if the Web Services Employer or the Employer is terminated from E -Verify. ARTICLE VII PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilit ies as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Web Services Employer, its agents, officers, or employees. C. The Web Services Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU wit hout the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Web Services Employer and any other person or entity reg arding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Web Services Employer. E. The Web Services Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Web Services Employer and DHS respectively. The Web Services Employer understands that any inaccurate statement, representation, data or other information provided to DHS 1398536 16.F.5.c Packet Pg. 2839 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 19 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: may subject the Web Services Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Web Services Employer. Approved by: Web Services Employer Name (Please Type or Print) Title Signature Date Department of Homeland Security – Verification Division Name (Please Type or Print) Title Signature Date 1398536 Becker & Poliakoff, P.A. Marilyn Fong Electronically Signed 04/04/2019 USCIS Verification Division Electronically Signed 04/04/2019 16.F.5.c Packet Pg. 2840 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 20 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: Information Required for the E-Verify Program Information relating to your Company: Company Name Company Facility Address Company Alternate Address County or Parish Employer Identification Number North American Industry Classification Systems Code Parent Company Number of Employees Number of Sites Verified for 1398536 Becker & Poliakoff, P.A. 1 E Broward Blvd Suite 1800 Fort Lauderdale, FL 33301 BROWARD 591640708 541 100 to 499 13 16.F.5.c Packet Pg. 2841 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 21 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: 1398536 FLORIDA 12 site(s) DIST OF COL 1 site(s) 16.F.5.c Packet Pg. 2842 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 22 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: 1398536 Name Johanna Lopez Phone Number (954) 364 - 6008 Fax Number Email Address jlopez@beckerlawyers.com Name Hali Thomas Phone Number (954) 364 - 6009 Fax Number Email Address hthomas@beckerlawyers.com Name Marilyn Fong Phone Number (954) 985 - 4122 Fax Number Email Address HR@beckerlawyers.com 16.F.5.c Packet Pg. 2843 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Page 23 of 23 E-Verify MOU for Web Services Employers | Revision Date 06/01/13 Company ID Number: 1398536 Page intentionally left blank 16.F.5.c Packet Pg. 2844 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2845 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2846 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2847 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2848 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2849 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 36 C. Federal Lobbyist Registrations 16.F.5.c Packet Pg. 2850 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2851 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2852 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2853 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2854 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2855 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2856 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2857 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2858 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 37 D. Income Statement, Balance Sheet, Statement of Cash Flow 16.F.5.c Packet Pg. 2859 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") CONFIDENTIAL As requested in “Evaluation Criteria No. 6 – Fiscal Stability” item 3, the previous two years of income statement, balance sheet, and statement of cash flow for Becker & Poliakoff are included. These financial statements are marked confidential, and are exempt from disclosure in response to a public records request pursuant to Section 688.002, Fla. Stat., Section 812.081(1)(c) Fla. Stat., and Section 815.045, Fla. Stat. Collier County must refrain from providing this information in response to any public records request from Becker & Poliakoff’s proposal in response to Solicitation #19-7640, Federal Lobbyist Services. 16.F.5.c Packet Pg. 2860 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") CONFIDENTIAL As requested in “Evaluation Criteria No. 6 – Fiscal Stability” item 3, the previous two years of income statement, balance sheet, and statement of cash flow for Becker & Poliakoff are included. These financial statements are marked confidential, and are exempt from disclosure in response to a public records request pursuant to Section 688.002, Fla. Stat., Section 812.081(1)(c) Fla. Stat., and Section 815.045, Fla. Stat. Collier County must refrain from providing this information in response to any public records request from Becker & Poliakoff’s proposal in response to Solicitation #19-7640, Federal Lobbyist Services. 16.F.5.c Packet Pg. 2861 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") CONFIDENTIAL As requested in “Evaluation Criteria No. 6 – Fiscal Stability” item 3, the previous two years of income statement, balance sheet, and statement of cash flow for Becker & Poliakoff are included. These financial statements are marked confidential, and are exempt from disclosure in response to a public records request pursuant to Section 688.002, Fla. Stat., Section 812.081(1)(c) Fla. Stat., and Section 815.045, Fla. Stat. Collier County must refrain from providing this information in response to any public records request from Becker & Poliakoff’s proposal in response to Solicitation #19-7640, Federal Lobbyist Services. 16.F.5.c Packet Pg. 2862 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 38 E. Business Tax Receipts 16.F.5.c Packet Pg. 2863 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") • • • Government of the District of Columbia Office of the Chief Financial Officer Office of Tax and Revenue 1101 4th Street, SW Washington, DC 20024 Date of Notice: September 27, 2018 Notice Number: L0002157699 BECKER & POLIAKOFF, PA 1 E BROWARD BLVD STE 1800 FORT LAUDERDALE FL 33301-1876 FEIN: **-***0708 Customer ID: 00007-82594 NOTICE OF BUSINESS TAX REGISTRATION You have been registered for the tax(es) shown below. Your filing basis has been determined as shown. It is important that the Employer Identification Number (FEIN) or Social Security Number (SSN) referenced above be used on all correspondence and returns. If you registered for an Employer Withholding account, please include the associated Account ID Number listed below on all returns and payments. Filing/Payment Frequency Tax Year End Tax Type Account ID 300-000109620 Quarterly/Monthly 250-000734325 Corporation Annual Withholding Wage Corporation December For tax forms or to register to file or pay electronically, please visit our website at MyTax.DC.gov If applicable you will also be registered for an Employer Use Tax (Form FR800A Sales & Use tax return). The Employer Use Tax Return Act of 2012 requires a use tax to be imposed on any employer required to file a DC withholding tax return, which is not otherwise required to collect and remit sales tax. If applicable you will also be registered for Unemployment Compensation Taxes and will be contacted by the DC Department of Employment Services Office of Unemployment Compensation regarding your filing requirements. Any questions concerning your liability for Unemployment Compensation may be answered by calling (202) 698-7550. A Declaration of Estimated Franchise Tax (Form D-20 ES or D-30 ES) must be filed by every corporation and unincorporated business whose franchise tax may reasonably be expected to exceed $1,000 for the taxable year. For additional information or questions, call the Office of Tax and Revenue's (OTR) Customer Service Administration at (202) 727-4TAX (4829), or visit OTR's Walk-In Center: Office of Tax and Revenue Customer Service Administration 1101 4th St SW, Ste W270 Washington, DC 20024 1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 727-4TAX (4829)/Fax: (202) 442-6890 MyTax.DC.gov 16.F.5.c Packet Pg. 2864 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2865 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.cPacket Pg. 2866Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.c Packet Pg. 2867 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") Request for Proposals #19-7460 Federal Lobbyist Services Collier County Board of County Commissioners 39 F. Registration with Florida Department of State 16.F.5.c Packet Pg. 2868 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 8/21/2019 Detail by Entity Name search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=BECKERPOLIA…1/3 Department of State / Division of Corporations / Search Records / Detail By Document Number / Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Detail by Entity Name Florida Profit Corporation BECKER & POLIAKOFF, P.A. Filing Information 490721 59-1640708 12/22/1975 FL ACTIVE AMENDMENT 09/15/2010 NONE Principal Address 1 East Broward Boulevard Suite 1800 FORT LAUDERDALE, FL 33301 Changed: 03/19/2015 Mailing Address 1 East Broward Boulevard Suite 1800 FORT LAUDERDALE, FL 33301 Changed: 03/19/2015 Registered Agent Name & Address LESSER, STEVEN B. 1 East Broward Boulevard Suite 1800 FT LAUDERDALE, FL 33301 Name Changed: 05/11/2001 Address Changed: 03/19/2015 Officer/Director Detail Name & Address Title TD LEVINE ALLEN M D I V I S I O N O F C O R P O R AT I O N SFlorida Department of State 16.F.5.c Packet Pg. 2869 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 8/21/2019 Detail by Entity Name search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=BECKERPOLIA…2/3 LEVINE, ALLEN M 1 East Broward Boulevard Suite 1800 FT LAUDERDALE, FL 33301 Title PD ROSEN, GARY C 1 East Broward Boulevard Suite 1800 FT LAUDERDALE, FL 33301 Title SD LESSER, STEVEN B 1 East Broward Boulevard Suite 1800 FORT LAUDERDALE, FL 33301 Annual Reports Report Year Filed Date 2017 01/10/2017 2018 02/02/2018 2019 04/17/2019 Document Images 04/17/2019 -- ANNUAL REPORT View image in PDF format 02/02/2018 -- ANNUAL REPORT View image in PDF format 01/10/2017 -- ANNUAL REPORT View image in PDF format 02/09/2016 -- ANNUAL REPORT View image in PDF format 03/19/2015 -- ANNUAL REPORT View image in PDF format 01/28/2014 -- AMENDED ANNUAL REPORT View image in PDF format 01/27/2014 -- ANNUAL REPORT View image in PDF format 01/24/2013 -- ANNUAL REPORT View image in PDF format 02/16/2012 -- ANNUAL REPORT View image in PDF format 01/07/2011 -- ANNUAL REPORT View image in PDF format 09/15/2010 -- Amendment View image in PDF format 02/03/2010 -- ANNUAL REPORT View image in PDF format 04/21/2009 -- ANNUAL REPORT View image in PDF format 05/16/2008 -- ANNUAL REPORT View image in PDF format 02/25/2008 -- ANNUAL REPORT View image in PDF format 04/09/2007 -- ANNUAL REPORT View image in PDF format 04/17/2006 -- ANNUAL REPORT View image in PDF format 03/25/2005 -- ANNUAL REPORT View image in PDF format 01/28/2004 -- ANNUAL REPORT View image in PDF format 03/10/2003 -- ANNUAL REPORT View image in PDF format 05/13/2002 -- ANNUAL REPORT View image in PDF format 05/11/2001 -- ANNUAL REPORT View image in PDF format 01/27/2000 -- ANNUAL REPORT View image in PDF format 16.F.5.c Packet Pg. 2870 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 8/21/2019 Detail by Entity Name search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=BECKERPOLIA…3/3 02/20/1999 -- ANNUAL REPORT View image in PDF format 01/29/1998 -- ANNUAL REPORT View image in PDF format 01/28/1997 -- ANNUAL REPORT View image in PDF format 01/31/1996 -- ANNUAL REPORT View image in PDF format 01/31/1995 -- ANNUAL REPORT View image in PDF format Florida Department of State, Division of Corporations 16.F.5.c Packet Pg. 2871 Attachment: 19-7640 Becker Poliakoff Proposal (10962 : 19-7640 "Federal Lobbyist Services") 16.F.5.d Packet Pg. 2872 Attachment: 19-7640 Notice of Recommended Award (10962 : 19-7640 "Federal Lobbyist Services")