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HomeMy WebLinkAbout2006-142a 5-0 &1 -O 6 /T Professional Services Agreement This Professional Services Agreement ("Agreement"), made May 2, 2006, shall be the complete and binding agreement between the Indian River County, Florida Board of County Commissioners (COUNTY) and Marlowe & Company, a government affairs consulting firm located at 1667 K Street NW in Washington, D.C. The COUNTY and Marlowe & Company set forth herein the terms and conditions under which the services shall be rendered by Marlowe & Company. In consideration of the foregoing and of the mutual undertakings set forth below, the parties agree as follows: Background The COUNTY, for the purpose of retaining federal government affairs consulting services, has requested the services of Marlowe & Company. The COUNTY and Marlowe & Company wish to set forth herein the terms and conditions under which the services shall be rendered by Marlowe & Company. In consideration of the foregoing and of the mutual agreements set forth below, the parties agree as follows: Terms 1. The COUNTY will pay Marlowe & Company $ 3500.00 a month for each of the months beginning with May 2, 2006 and concluding with September 30 , 2006 for services performed by Marlowe & Company pursuant to this Agreement, subject to early termination in accordance with its terms. These fees are inclusive of all out-of-pocket expenses. 2. Marlowe & Company shall assist the COUNTY in efforts to secure federal funding for the authorized Indian River County federal shore protection project known as Sector 5, in accordance with the proposal attached as Exhibit I and incorporated herein by this reference. 3. The fee and services described in Paragraphs #1 and #2 do not include payment for the expense of any out-of-town travel Marlowe & Company may incur at the request of the COUNTY. The cost of any travel will be billed as part of the monthly itemized invoice. All travel will be done at rates no higher than coach class. All expenses will be billed at cost, without markup, pursuant to Florida Statutes section 112.061. 4. The services described above, shall be performed at the direction and to the satisfaction of the COUNTY. 5. The COUNTY shall assist Marlowe & Company in obtaining such data and information as is needed and available. 6. Marlowe & Company shall account to the COUNTY for the time it has spent in performance of the services above and shall maintain contact with a representative of the COUNTY, by telephone, fax, mail, and/or e-mail to inform said representative of developments regarding the studies and projects involved and respond to said representative's comments and questions in a prompt and appropriate manner. 7. After this contract has been in effect for 60 days, either party may terminate it without cause upon 30 days' written notice. This Agreement contains the entire agreement and understanding of the COUNTY and Marlowe & Company with respect to the matters covered herein, and may only be modified by written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have caused this Agreement to be executed on the day and year written above. For Marlowe & Company 4: , R-� I` Name: Howard Marlowe Title: President Name: g Burns, Vice Presid Witness Date: 0 DY Z"rD , 20Up Date: i 1 , 2C00 For The Indian River County, Florida Board of County Commissioners B 7 Arthur -R Neub ger . ' hairman Attest VJ ` ""� Je— f0y : Baitoti; Clerk of Court PROVED oseph / APPROVED AS TO FORM ZAN EGAL SUFFICIPLGN an E. Fell, Assistant Count Attorney (SEAL) EXHIBIT 1 PROPOSAL Government Affairs Consultants Washington, DC Federal z aLobbying Services on behalf ,.eia of Indian F.` iver County, Florida 1667 K Street, NW ® Suite 480 ® Washington, DC 20006 0 (202) 775-1796 ■ Fax (202) 775-0214 e-mail: marlowe@marloweco.com ® www.marloweco.com 1) Objective Marlowe & Company proposes to provide Indian River County, Florida with complete and comprehensive federal government affairs representation, including — but not limited to — direct lobbying services, strategic planning, a constant flow of information and analysis of federal events, briefings, and other assistance for the effective achievement of goals set by Indian River County in coordination with Marlowe & Company. 2) Related Previous Experience Marlowe & Company has a wealth of experience serving municipal, local, and regional government entities, primarily in the areas of water resources, economic development, surface transportation, environmental preservation, and aviation. We currently have over 40 government entities as clients and consider it a niche we are especially proficient and proud to represent. Our firm has been highly successful in helping our clients achieve their goals. Over the years, we have developed a solid reputation of trust on Capitol Hill. We also have experience working with a large segment of the Executive Branch, including the White House, the Corps of Engineers, the Environmental Protection Agency, the Federal Highway Administration, the Federal Aviation Administration, and the Fish and Wildlife Service. We engage federal agencies at all levels, from the Department head to the regional and local levels. Our strong relationships with these agencies helps us facilitate the execution of federal projects for our clients, as well as keeping us "in the know" on special grant opportunities and other sources of funding. The measure of our success will not only be in funds secured, but also in savings of time and cost. We are able to coordinate the various aspects of a project, from Congressional action to local implementation. Marlowe & Company's unique understanding of the Army Corps' Civil Works Program and the Congressional appropriations and authorization process makes us an excellent choice for Indian River County. Above all, our unparalleled ability to maintain close personal contact with our clients is a major hallmark of our firm. 3) Company Profile Of all the high stakes challenges facing our country, developing and maintaining funding sources for your priorities may be the most difficult. You want solutions now, not years down the road. Yet the costs involved are typically far beyond the ability of one single entity to shoulder alone. At Marlowe & Company, a government relations firm based in Washington, D.C., we have been helping officials and groups from across the country succeed at meeting their challenges since 1984. We apply a combination of a broad understanding about government processes, an ability to build and mobilize powerful coalitions, and effective advocacy efforts before elected officials and their staffs, regulators, and others. We are proud of the results we deliver to our clients, including passage of vital legislation, securing appropriations of federal funds for local projects, overcoming obstacles with federal agencies, and a host of other outcomes. With a success rate of over 90%, we are more than a strategic extension of our clients in Washington — we are their go -to resource for key issues affecting their community, their members, or their organization. Service: At the heart of our philosophy is our dedication to providing you with the attention and service you deserve. We know how important these issues are to you, so we keep you up-to-date on all the latest developments. In Washington, situations are often volatile and can change overnight. To help you take advantage of the process, we make sure you know exactly what is going on — without bogging you down with minor details. And with our tight -knit team approach, you can be sure a staff member who is knowledgeable about your issues will be available when you need us. Knowledge: Developing federal support for your issues can be a confusing and frustrating task, unless you know how the system works — and the key individuals involved. Each staff member of Marlowe & Company working on your project brings to bear years of personal experience on Capitol Hill. In addition, we have strong professional relationships with staff at the White House and a long list of federal agencies. Results: From securing hundreds of millions of dollars in federal appropriations, to getting legislation passed that overturned a U.S. Supreme Court decision, to taking a lead role in negotiating a major authorization bill, we do what it takes to help you achieve your goals. We have earned the respect and trust of members of Congress and their staffs as a reliable resource for helping them understand their constituents' issues. The bottom line? We do not stop until your needs are completely addressed, whether in the form of funding, legislation, or other remedies. Marlowe & Company is located in the heart of Washington, D.C., moments away from Capitol Hill, the Executive Branch, and various federal agencies. Our firm is non- partisan, and works with all those who share common values with our clients. Our office is located at: 1667 K Street NW Suite 480 Washington, DC 20006 Telephone: 202-775-1796 Facsimile: 202-775-0214 5 Marlowe & Company's sole commitment is to serving public entities. We know how important it is for government officials to show taxpayers that their investment in federal legislative consulting services has paid off. Therefore, we operate with a level of transparency that enables our clients to know what we are doing on their behalf while being effective partners in our work. We also know the many pressures faced by government staff and are used to taking work off their hands, not adding more work to their burdened days. We are a firm with a 22 -year record of accomplishment and credibility. Our size enables us to treat each of our clients as the most important client we serve. It also gives us the ability to cover a breadth of issues including water, transportation, environment, and development issues with a level of personalized service that is unmatched by other firms. 4) Marlowe & Company Client List Town of Ahoskie, North Carolina American Shore and Beach Preservation Association Beach Erosion Authority for Clean Oceans and Nourishment (BEACON), California Town of Bethany Beach, Delaware Borough of Avalon, New Jersey Brazoria County, Texas Brunswick County, North Carolina Cape May Point, New Jersey City of Carpinteria, California Carteret County, North Carolina Town of Creedmoor, North Carolina Fire Island Association, New York City of Flagler Beach, Florida City of Fort Myers, Florida City of Fort Pierce, Florida City of Galveston, Texas Galveston County, Texas City of Imperial Beach, California Jefferson County, Texas Town of Kill Devil Hills, North Carolina Lee County, Florida Borough of Mantoloking, New Jersey Martin County, Florida Middle Township, New Jersey Town of Nags Head, North Carolina New Hanover County, North Carolina City of Norfolk, Virginia City of North Myrtle Beach, South Carolina Town of North Topsail Beach, North Carolina Town of Pawleys Island, South Carolina C Pender County, North Carolina City of San Clemente, California City of Sarasota, Florida City of Solana Beach, California Town of South Bethany Beach, Delaware St. Johns County, Florida St. Lucie County, Florida Town of Surf City, North Carolina Town of Topsail Beach, North Carolina City of Tybee Island, Georgia City of Venice, Florida Walton County, Florida S) Scope of Work A) What Marlowe & Company Will Accomplish for Indian River County On behalf of Indian River County, Marlowe & Company will immediately work with Congress to secure funding for the authorized Indian River County federal shore protection project. Once funding is secured, we will also work with the Army Corps to ensure that the report that the Corps will have to complete proceeds as quickly as possible. To be more specific regarding some of our yearly tasks if we were hired to begin in January, we have provided the following guideline of congressional appropriations - related activities we would perform on your behalf during a typical congressional cycle. However, what we actually do for Indian River County will be much more involved and in-depth. Also, remember that our work with Congress is really only half of what we do when working on Corps projects. We spend an equal amount of time working with closely with the Corps, from Headquarters down to District staff. Additionally, we will have to work with a broad range of federal agencies to properly implement your project. 1. January: Prepare supplemental materials to be used throughout the year to support our lobbying efforts. Also, meet with the staff of your congressional delegation to update them on the status of your project(s) and give them a heads - up as to what requests we expect will be made of them during the year. 2. February: Draft appropriations request letters and fill out appropriations request forms to be sent to your congressional delegation. 3. February and March: One or more elected officials or other local representative should come to Washington, D.C. for appointments we will set up with the congressional delegation and others. We will brief those who travel to Washington on what points need to be made as well as prepare written materials to be used during the visits. 7 4. April and May: The House and Senate Energy and Water Development Appropriations subcommittees are likely to mark-up and pass their respective versions of the appropriations bill that would contain funding for your project(s). We will work with the subcommittees and your congressional delegation to make sure all questions are answered related to your project(s) and that there are no loose ends. At the same time, we will make sure the subcommittee staff understands the importance of your project(s). 5. June: The House of Representatives is likely to act on passage of its version of the Energy and Water Development Appropriations Act. The funds you are seeking hopefully will be in this bill. 6. July: The Senate is likely to act on passage of its version of the Energy and Water Development Appropriations Act. Based on a variety of historical factors, it is less likely that the funds you are seeking will be in this bill. However, we will be doing our best to beat the odds. 7. August and September: During all of August and some of September, Congress is out of session and only staff is left in Washington. This is actually some of the best time to affect change in Washington and real progress can be made on funding issues when working directly with committee and subcommittee staff, often alone or with the help of your congressional delegation. 8. October to the end of the year: The differences between the House and Senate Energy and Water Development Appropriations Acts will be resolved and a final bill should be passed by Congress and signed into law by the President. We will work the "conference committee" process to make sure that the funds you need are included in this final act. 9. November: We review with Indian River County what has occurred during the past several months and get your evaluation of our performance. We also prepare thank you letters and other follow-up materials for you to send to your congressional delegation. 10. December: We begin to prepare for the appropriations process again. B) Technical Approach 1) Federal Program Development Marlowe & Company is well known for our attention to detail in helping our clients create winning strategies in Washington. Our experienced staff will help you design and implement an effective public advocacy plan to achieve your government relations objectives in Washington. We utilize our staff's extensive knowledge of the legislative appropriations and authorizations process to ensure that the strategy is not only 13 viable, but one in which results can be anticipated. Our consultation will begin immediately after the contract is awarded. messages to those 2) Advice and Advocacy on Behalf of Indian River County Once a proper strategy is determined, we will work with Indian River County to develop an effective message that can be communicated to key policy makers both in Washington and in Florida. Marlowe & Company believes representation starts with having a broad understanding of an issue. Our staff understands the importance of prompt action and how essential it is for proper representation. We are constantly working to ensure our client's needs receive appropriate attention in Washington. Our trusted reputation among Congressional offices has developed out of years of providing quality assistance and information to lawmakers. Marlowe & Company's network of Washington contacts, coupled with our knowledge of the policy process is the key to delivering our clients' messages to those who count. From key members of Congress to top officials in the White House and Executive Branch, our seasoned staff will open the doors you need to achieve success. 3) Federal Information Services Our staff s knowledge of the legislative process, exceptional contacts, and our effective use of computer and telecommunications technology enables us to keep our clients on top of Washington developments such as regulations, reports, rules, new legislation, and late -breaking amendments on the House or Senate floor. This allows us to draft efficient legislative language and to put that legislation in the hands of the proper members of Congress, as well as to understand how to correspond effectively with Members on such issues. We will provide Indian River County with up-to-the-minute tracking of legislation of note, and ensure that you receive periodic analytical updates on movement of any noted bills. We will also provide Indian River County with support in drafting appropriate correspondence and proactively identify new funding opportunities for the community. 4) Activity Reports Marlowe & Company will provide Indian River County with a variety of informational sources to keep you knowledgeable on the issues that matter to you at all times as well as our work on your behalf. To relay information regarding our day-to-day activities, we will maintain continual telephone contact with a point of contact you select. We will also send out weekly briefings on news items of note to Indian River County, as well as comprehensive analyses every month which will outline our activities that month on your behalf. These briefings will allow Indian River County to be in constant contact L9 with Marlowe & Company, as well as keep apprised of happenings in Washington. We can also arrange for face-to-face meetings or other oral reports at your request for reasons of updating you on the status of issues of concern to you while working out a common strategy in approaching these issues. 6) Proposed Contractual Terms We propose two contract options between Indian River County, Florida and Marlowe & Company. The first option will allow us to begin working immediately on behalf of the County so we secure federal funding for your study in the FY 2007 federal appropriations cycle, which began in January, 2006. While this process has already begun and we are a bit late in working on this request, we are not too late to be successful. However, we must get started immediately. Under this option, we propose a contract extending from May 2, 2006 through September 31, 2006. Our fee would be $3,500 per month, inclusive of all expenses. The second contract option would allow us to begin our work on behalf of the County sometime in the late summer or early fall. This would allow us to properly prepare for the FY 2008 federal appropriations cycle to secure funding for your beach study. Under this option, we propose a contract beginning September 1, 2006 through August 31, 2007 for a monthly fee of $3,650 plus up to $350 per month for any out-of- pocket expenses we incur while working on behalf of the County. Therefore, this option represents a not -to -exceed total cost of $48,000. Any out-of-town expenses related to travel required by the County are not included in this fee but will require the prior approval of the County. Also, either of these contracts may be terminated without cause by either party by giving 30 days written notice. We hope one of these options is suitable to the County. Sincerely, Greg Burns Vice President 10