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LEGISLATIVE CONSULTANT SERVICES AGREEMENT (3)
LEGISLATIVE CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made on the 12th day of January, 2023, by and between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida 34618, (the "City") and the lobbying firm of Van Scoyoc Associates, Inc., 800 Main Avenue SW, Suite 800, Washington, D.C. 20024 ("Consultant"). WITNESSETH: WHERAS, City issued a Request for Proposals to provide Legislative Consultant Services, attached as Exhibit A; and WHERAS, Consultant agrees to provide Legislative Consultant Services to the City as described in Consultant's Response to Request for Proposal 57-22, attached as Exhibit B; NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto do hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS CONSULTANT. Consultant is hereby authorized under the terms and conditions of this Agreement to provide Legislative Consultant Services to City as described in Exhibits A and B. SECTION 2. SCOPE OF SERVICES. Consultant shall keep City informed and active in the federal process by working with City staff to advocate the City's position regarding issues before the Federal Legislature. Consultant agrees to organize a lobbying team led by Harry Glenn, which shall include all the resources of the individual lobbyists of the consultant's firm to assist and represent the city on issues which shall include, but are not limited to the following: A. Explore and recommend new areas of Federal advocacy. B. Broaden business development efforts already initiated by the city to attract and enhance major corporate presence in the City of Clearwater. C. Provide research and timely written and oral information to the City. D. Monitor existing and proposed laws and regulations that affect the interests and priorities of the City. E. Proactively recommend and develop legislative positions for proposed laws and regulations that affect the interest and priorities of the City. F. Propose and develop opportunities that will access funding at the policy making level. G. Research and identify grant funding or other opportunities for funds. H. Arrange meetings for City elected officials and personnel with Congressional members and staff. Provide logistical support and attend those meetings when necessary. I. Engage in advocacy to promote the City's position on priority issues, including appropriate interest groups, the National Association of Counties, the U.S. Conference of Mayors, and the National League of Cities. [A04-09700 /299579/1] J. Build long-term relationships and "brand" the City of Clearwater and its officials in the eyes of Congress and Federal Agencies. SECTION 3. LOBBYING TEAM. It is understood and agreed between the City and Consultant that the responsibility for organization and leadership of the lobbying team will fall upon Harry Glenn, but the consultant team will include all of the resources of the Consultant's individual lobbyists. The City reserves the right in its absolute discretion to cancel this Agreement if Harry Glenns not responsible for the organization and leadership of the lobbying team. SECTION 4. TERM. The initial term of this Agreement shall be from January 12, 2023 through December 31, 2027. SECTION 5. PROFESSIONAL FEES FOR SERVICES. The City and Consultant agree to a monthly fee of $7,500.00, with such payments due at the first of each month. The City further agrees to pay all reasonable costs and expenses associated with pre -approved long-distance travel, not to exceed $3,000.00 per year. Travel and per diem costs as well as automobile travel expenses shall not exceed that which is available to City of Clearwater employees. The City represents and warrants that these payments shall not be made with federally appropriated funds. SECTION 6. INDEMNIFICATION AND INSURANCE. Subject to the limitations of Section 768.28, Florida Statute, Consultant agrees to protect, defend, indemnify and hold the City and its officers, employees, and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Consultant or its employees in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Consultant shall procure and maintain during the life of this Agreement professional liability insurance in a minimum amount of one million dollars. ($1,000,000.00). This provision shall survive the termination of this Agreement. Nothing herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Consultant that consultant is not aware of any clients of the firm that currently present any direct conflict between the interests of the city and other clients of the Consultant. If any potential conflict of interest arises during the time Consultant is representing the City, Consultant will promptly inform the City. In that event, Consultant and City shall agree upon a lobbyist to represent the City on any issue in conflict and agree upon the appropriate fee for said services, which shall be deducted from Consultant fee. SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and Consultant. [A04-09700 /299579/1] SECTION 9. CANCELLATION OF AGREEMENT. Either party may cancel this Agreement for any reason upon thirty (30) days advance written notice to the other party. In the event of cancellation, Consultant shall immediately cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. SECTION 10. ATTORNEY'S FEES. In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own costs and that jurisdiction for such an action shall be in a court of competent jurisdiction in Pinellas County, Florida. IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date written above. Countersigned: Frank V. Hibbard Mayor Approved as to form: Michael Fuino Assistant City Attorney [A04-09700 /299579/1] VAN SCOYOC ASSOCIATES, INC. By: H. Stewart Van Scoyoc, CEO CITY OF CLEARWATER By: Jennifer Poirrier Interim City Manager Attest: Rosemarie Call City Clerk Page 1 of 32 MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER For US Mail SEALED PROPOSAL Submitted by: Company Name: Van Scoyoc Associates, Inc. Address: 800 Maine Avenue, SW, Suite 800 City, State, Zip: Washington, DC 20024 RFP #57-22, Federal Lobbying Services Due Date: October 24, 2022, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 For US Mall For Hand Deliveries, FEDEX, UPS or Other Courier Services SEALED PROPOSAL Submitted by: Company Name: Van Scoyoc Associates, Inc. Address: 800 Maine Avenue, SW, Suite 800 City, State, Zip: Washington, DC 20024 RFP #57-22, Federal Lobbying Services Due Date: October 24, 2022, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd FI Clearwater FL 33756-5520 For Hand Deliveries, FEDEX, UPS or Other Courier Services Federal Lobbying Services 28 Blumberg No. 5192 EXHIBIT 11 RFP #57-22 VAN SCOYOC ASSOCIATES PROPOSAL TO PROVIDE FEDERAL LOBBYING SERVICES.' CITY OF CLEARWATER REQUEST FOR PROPOSALS #57-22 FEDERAL LOBBYING SERVICES Submitted by: Van Scoyoc Associates Harry Glenn 800 Maine Avenue S.W. Suite 800 Washington, DC 20024 202-737-6562 hglenn vvsadc.com October 24, 2022 Page 2 of 32 CLEARWATER BRIGHT AND BEAUTIFUL • BAY TO BEACH Page 3 of 32 Table of Contents Page 4: Tab 1 — Letter of Transmittal Page 7: Tab 2 — Demonstrated Experience Providing Federal Lobbying Services with Local Governments and/or Organizations; References Page 18: Tab 3 — Qualifications — Education and Training of Lobbyists Page 23: Tab 4 — Cost for Services Page 24: Tab 5 — Other Forms Page 4 of 32 Tab 1— Letter of Transmittal VAN SCOYOC October 24, 2022 Ms. Lori Vogel, CPPB Procurement Manager City of Clearwater 100 S. Myrtle Ave. Clearwater, FL 33758 Dear Ms. Vogel: Page 5 of 32 Thank you for the opportunity to submit the attached response to your Request for Proposals #57-22 to continue providing comprehensive and strategic Federal Lobbying Services for the City of Clearwater. We fully understand the work to be performed and can deliver all of the scope of services being sought by the City. As demonstrated by our past service to the City, you have our absolute commitment to perform these services within the time period specified. Our firm considers it a great privilege to have been able to work with the City over the past nine years on a number of important Federal initiatives. I will continue to serve as our firm's lead in working with the City, and as you will note in this proposal, we are adding to the team my fellow Vice President Geoff Bowman, the lead on our firm's Water Resources team, to assist the City with its growing list of projects that involve the Army Corps of Engineers and the Environmental Protection Agency. Geoff is a former Staff Director for the House Transportation and Infrastructure Subcommittee on Water Resources. Even though Geoff and I, along with our support staff Will Smith and Ashley Strobel, will be the forward -facing members of our team, the City will have the ability to call upon the expertise and experience of all 55 of our Van Scoyoc Associates team members as needed. As a resident of Clearwater, it has been both professionally and personally rewarding to serve as the project manager for our firm in working with the City on your evolving Federal agenda. For me, it has been a natural progression of working with the City during my 34 years of service to your former Congressman Bill Young, to my nine years of work at Van Scoyoc Associates. Since its founding in 1990, Van Scoyoc Associates has grown to be a full-service, 55 - member, Washington -based bipartisan lobbying firm. Our success over more than 30 years is in large part due to the experience of our principals and the breadth and depth of their knowledge, contacts, and skills that were developed through their work as former senior staff members with members of Congress, key Committees, and Federal agencies. Page 6 of 32 Our team has been able to advise the City, and Clearwater Gas, on important Federal legislative and regulatory issues. At no time was that more important than during the COVID pandemic when we provided daily updates to the City on important legislation, regulatory requirements, and funding opportunities that were made available by Congress and the Administration. And with the convening of the 117`h Congress in January 2021, we were able to ensure that the City benefited from the reinstitution of the process for Congressional earmarked spending to support local communities. This resulted in directed funding for four high priority projects for the City over the past two years. These projects, which total more than $4 million, include $1,500,000 for Imagine Clearwater, $949,000 to install solar power panel equipment on city owned facilities, $1,750,000 for a City/County initiative to bring on a line a consolidated Computer Aided Dispatch (CAD) System for use by local law enforcement agencies, and $144,000 to support the Clearwater Police Department's Mental Health Co -Responder Program. We also quickly responded this spring when the City needed help with an issue that arose as a part of the redevelopment of the Clearwater marina. Together with City staff, we engaged the Army Corps of Engineers, the local Congressional delegation, and key Committee staff to seek a legislative solution that is pending before Congress and will be resolved in the post-election legislative session. Van Scoyoc Associates is able to provide the City of Clearwater with a unique partnership that includes seasoned professionals, who are personally invested in and available to support the City's priorities, with a reach and grasp across Washington that in unparalleled in supporting the Federal needs of local governments. We also have a proven track record of being able to deliver successful results for your Federal funding and legislative priorities. It has been a distinct privilege for me to support my hometown with its Federal agenda and we thank you for your consideration of our proposal to compete for your business once again and earn your continued trust. Sincerely, 4)17`4/12/— Harry Glenn Executive Vice President Van Scoyoc Associates 202-737-6562 (office) 202-236-1823 (cell) hglenn@vsadc.com Page 7 of 32 Tab 2 — Demonstrated Experience Providing Federal Lobbying Services with Local Governments and/or Organizations; References Page 8 of 32 Tab 2 — Demonstrated Experience Providing Federal Lobbying Services with Local Governments and/or Organizations; References 1 a. Statement of qualifications, history of the firm, orManization, size, structure, financial stability, and Washington address Van Scoyoc Associates (VSA) has a more than 30 -year track record of bipartisan service to a full -range of clients across the nation, including a variety of public entities throughout Florida and the United States. VSA offers clients unparalleled resources, which cannot be matched by other firms. It is one of Washington's leading full-service Federal affairs firms that represents municipal and public bodies with 45 local government, transit -related, and other public entities. Our principals have spent years developing relationships with members of Congress, the Florida Congressional delegation, the Executive Branch, and senior staff members who we interact with on a regular basis. Our passion at Van Scoyoc Associates is to find creative ways to address your individual needs, not simply to pass along reports about developments in Washington and lists of Federal funding opportunities. This is evident from our record of success for the clients we represent and is a major reason that the number that have hired us after working with other firms for many years continues to grow. The firm: VSA is comprised of four Executive Vice Presidents and 16 Vice Presidents, many of whom have held senior staff positions on Capitol Hill and in the Executive Branch. The Vice Presidents are supported by more than 25 staff members, nearly all of whom also have held positions in Congressional offices and Federal agencies. Including administrative and support staff, VSA currently has 55 full-time employees. The strengths of our team members, given their experience working with and in many Federal agencies, will give the City an excellent opportunity to respond proactively to the changing climate in Washington and succeed via policy, programmatic, and other opportunities. Experience: Our representation of public entities has proven to be one of the greatest strengths of the firm. Our clients have an array of unique needs and concerns, are geographically and politically diverse, and run the spectrum from some of the largest local government bodies to some of the smallest. As with the City of Clearwater, several of these municipal clients own and operate public utility services, such as Clearwater Gas. These include the City of Gainesville, FL, which operates Gainesville Regional Utilities, and our firm's newest client, just brought on board in October, the Fort Pierce Utilities Authority. Page 9 of 32 Facilities: Maintaining an office in Washington, DC is a requirement for this contract. VSA's offices are located at the new DC Wharf area of Washington, D.C.: Van Scoyoc Associates 800 Maine Avenue S.W., Suite 800 Washington, DC 20024 They are available to the City anytime the Mayor, Council Members, or staff are in town or for special events that the City may want to host in our nation's Capital. Harry Glenn, the Project Manager, splits his time between Washington and Clearwater, Florida and continues to be available to attend Council meetings, special events, or meet with City staff. Integrity and Service: While growing into one of the most successful firms in Washington, VSA has never forgotten where we started and the original secret to our success, which is why our clients continue to get the personal attention of a small, entrepreneurial company. We always assign specific principals and staff to each client to ensure direct lines of communication and accountability. At the same time, every VSA client is able to rely on the wealth of knowledge, experience, and contacts of the entire firm in order to achieve their goals. From the start, VSA has carefully kept a bipartisan balance. That commitment makes VSA unusually effective today, when Washington is more polarized than ever. Republicans and Democrats in roughly equal numbers make up the VSA staff. In today's political atmosphere, a company offering Washington representation must be above reproach. Van Scoyoc Associates represents each of our clients in a dignified and ethical manner. We strictly abide by the provisions of the Honest Leadership and Open Government Act (HLOGA) of 2007 and with all other regulations, including prohibitions on gifts, meals, and travel for elected officials and staff. To this end, we have a dedicated compliance staff that ensures that all appropriate lobbying disclosures are complete and filed in a timely manner with the House and Senate. Because we represent numerous Florida public entities, our principals and staff are well versed in the requirements of the Florida Sunshine Act. Minimum Oualifications Van Scoyoc Associates meets and exceeds all of the minimum qualifications as outlined in the City's Request for Proposals. A. VSA has a documented and demonstrated experience and expertise in the Federal legislative process. This is clear from the experience of the Clearwater team you will meet later in this proposal. They have the experience in both their Federal government Page 10 of 32 careers and their Federal advocacy work that far exceeds the City's requirements. It also is clear from: • the depth and breadth of clients VSA represents, especially in the public sector. • the firm's retention of clients, which has been recognized as among the best in Washington by Bloomberg Government. • and it is reflected in the number of firms that turned to Van Scoyoc Associates for help when they previously relied on other firms or sought Federal representation for the first time. B. Respondent must be able to demonstrate the ability to represent local government clients to Congress. As a firm, VSA represents 45 public entities, including communities of all sizes. The specific principals in this proposal represent nine Florida public entities, including six cities and counties. C. Respondent must demonstrate ongoing relationships with members of the Florida Congressional Delegation. As mentioned later in this proposal, Harry Glenn spent 34 years working within the Florida Congressional Delegation, and over his nine years with VSA, has made it a point to maintain strong personal relationships with all 29 members. Even though they all do not represent Pinellas County, he has found that they all work well together in advocating for the needs of the state. Pinellas County will have one new and one returning member representing the delegation in the 118`h Congress and Harry will work closely with them on Clearwater's needs. D. Respondent must demonstrate ongoing relationships with key members of Congressional Committee staff and Executive Branch agency staff Harry Glenn and VSA constantly work to manage existing relationships with Committee and Agency staff and to develop relationships with new staff. This is especially important at the beginning of every new Congress and new Administration. This effort is enhanced by the breadth and reach of the firm, with 55 Federal affairs professionals who are able to assist with relationship building when needed. E. Respondent must demonstrate familiarity with Federal agencies and a record of successful relationships with these agencies. VSA's ability to deliver funding wins and access to key agencies when needed is evidence of the firm's ongoing relationships with Congress and Federal agency leadership. These relationships have translated to successful grant proposals and applications for the City of Clearwater and other clients, many of which are included in our proposal and with our list of references. Insurance Requirements and Financial Stability Van Scoyoc Associates has a 30 -year record of financial stability and best business practices. This includes meeting all of the insurance requirements included in your request for proposals to include: • Commercial General Liability Insurance Page 11 of 32 • Professional Liability/Malpractice/Errors of Omission Insurance • Workers Compensation Insurance • Employer's Liability Insurance • Commercial Automobile Liability Insurance As under our current contract with the City, prior to the execution of the new contract, and on the anniversary of each renewal, the firm will provide a Certificate of Insurance naming the City as an "Additional Insured." Finally, the company's financial statements have been audited or reviewed since 2002 by the independent CPA firm Aronson LLC and have received an unqualified opinion each year. United Bank has served as VSA's bank since 2002. United provides VSA with a line of credit and cash management services. VSA's financial condition is solid, and we foresee no events that would impede our ability to perform the work contemplated by this Request for Proposal. Richard Goldstein at Aronson LLC ((301) 231-6255) and Blair O'Connell at United Bank ((301) 280-7623) may be contacted for references. Page 12 of 32 1 b. VSA's ability to meet and satisfy the needs of the City The ability to provide the City of Clearwater with comprehensive Federal affairs services and strategic advice to advance the City's Federal agenda remains a core strength of Van Scoyoc Associates and the team that we have assembled. Harry Glenn and Geoff Bowman are seasoned professionals with more than 60 years of Federal experience within Congress, key Federal agencies, and now as Federal government consultants. They fully understand the realm of legislative and budgetary issues that would be of most interest to the City and can provide tracking services, timely updates, and critical analysis on these matters. They have years of experience in working with the House and Senate Appropriations Committees in both the earmark and non - earmark eras. They know how to frame appropriations requests for the Committee's professional staff members and the City's Congressional delegation members. They also have a deep understanding of how carefully crafted report language can signal the committee's direction and expectations to Federal Departments and agencies to advance the City's goals. They have a keen sense of timing to help the City plan and execute legislative and agency focused strategies to advance the City's agenda through legislation, annual appropriations bills and the comprehensive biennial Water Resources Development Act. As we emerge from COVID travel bans, they understand how critical timing is in helping the City plan, schedule, and complete successful trips to Washington for City leadership and staff to engage with the Florida Congressional delegation, members and senior staff of key Congressional committees, and Administration and agency leadership. These trips are more important than ever now to reestablish relationships and to deliver the right message for the City at the right time and to the right audience. Harry Glenn arranged one post-COVID visit to Washington for Mayor Hibbard and has discussed a future trip by the City Manager. As demonstrated during the COVID pandemic, Harry and Geoff are also experienced at sharing the City's message with the right Federal decisionmakers when City staff cannot be in town to ensure that the City's priorities are always front and center. They regularly interact with key members of Congress, their staff, and Agency officials and in addition to advancing the City's goals, they also gather and share key intelligence about legislative, agency, and regulatory matters and timing as they learn it. As demonstrated by the past three election cycles, the leadership and membership of Congress changes quickly, as does the senior leadership within the Administration and Federal Agencies. Van Scoyoc Associates is a bipartisan firm, with strong ties to the House and Senate, and VSA principals make it a point to build and maintain relationships with the current Congressional leadership and the next generation of leaders. More than half of the Florida Congressional delegation has turned over in the past three election cycles, yet VSA maintains close ties to all 29 of its members, with a new seat to be added to the delegation in January and a member new to Pinellas County. Harry Glenn and the Page 13 of 32 Van Scoyoc team work hard to nurture and grow the core Tampa Bay area delegation that supports the priorities of the local communities The VSA team also has proven to be adept at identifying Federal funding opportunities for clients even before the recent enactment of the Infrastructure Investment and Jobs Act (IIJA) and Inflation Reduction Act (IRA). The entire firm has been tracking the new and expanded programs created by these two historic bills to best prepare and position our clients for success. Harry briefed the Council in 2021 on key provisions of the IIJA and just briefed the Council on the opportunities presented by the IRA. In addition to the services VSA has provided City officials, Harry also has provided legislative and regulatory advocacy and tracking services for Clearwater Gas and would expect to continue to provide the full range of services for the organization's new senior leadership. Harry has scheduled and hosted Washington trips for Clearwater Gas leadership and members of the City Council. During the COVID pandemic, they continued to provide this support by scheduling virtual meetings with key members of the delegation. The VSA team is uniquely qualified to continue to provide this full range of Federal government relations services that are being sought by City. This experienced and professional Washington -based team can provide the City with comprehensive, strategic, thoughtful, and creative Federal lobbying services that will meet and exceed your expectations. Scone of Services Specifically with regard to the Scope of Services outlined in our Request for Propoals, your expanded VSA team will continue to meet and exceed all of your requirements. A. Maintaing an Washington, D.C. office to provide a presence for the City of Clearwater. As noted earlier, the Van Scoyoc Associates offices are located at 800 Maine Avenue S.W. in the heart of one of Washington newest and most thriving business communities. B. Provide timely information, assessments, and reports. VSA currently exceeds the City's requirement to provide monthly Federal updates by providing weekly updates specifically focused on the needs and interests of local government officials. At no time was the ability to deliver these services more evident than during the COVID pandemic when VSA provided the City and its other municipal clients daily updates on information of interest on COVID relief funding and other policy-rekated issues. Harry also has provided briefings to the Mayor and City Council on special items of interest to include the Infrastructure Investment and Jobs Act in 2021 and the Inflation Reduction Act in 2022. C. Effectively communicate City Council policy positions to Congress, the Administration, and Federal agencies. VSA has worked with the City over the years to Page 14 of 32 schedule effective visits by City leaders, including Clearwater Gas, to Washington and to communicate the City's priorties to Congressional leaders and Agency staff. In planning and executing these visits, VSA has worked with City staff to schedule the meetings, develop the talking points, and prepare key leave behind materials to emphasize the City's priorities. VSA never lost a step in conveying these messages during the COVID pandemic when we continued to schedule virtual meetings for the Mayor and City staff. VSA also has worked with the City on numerous occasions to prepare letters of support of various items of interest to the City and ensured that they were delievred at the right time. D. Provide timely information and advice on Federal funding opportunities to support City programs and services. This Congress has enacted several historic pieces of legislation that will provide a myriad of Federal funding opportunities for the City. This included several COVID relief packages, the Infrastructure Investment and Jobs Act (IIJA), and, most recently, the Inflation Reduction Act (IRA). VSA has provided summaries of all of these bills to the City and regular updates as the Federal agencies have scheduled webinars to outline various new and expanded programs and Notices of Funding Opportunities. Harry also has briefed City Council on both the IIJA and IRA. Much of this information is inlcuded in VSA's weekly reports to the City and VSA has responded to questions from staff about various programs. VSA also helped the City develop requests to Congress for directed spending through the regular appropriations process to support City priorities, including Imagine Clearwater. Four of these projects, totaling more than $4 million, were included in these bills over the past two years. This includes $1,500,000 for Imagine Clearwater, $949,000 to install solar power panel equipment on city owned facilities, $1,750,000 for a City/County initiative to bring on a line a consolidated Computer Aided Dispatch (CAD) System for use by local law enforcement agencies, and $144,000 to support the Clearwater Police Department's Mental Health Co - Responder Program. VSA will continue to provide timely information and strategic intelligence on funding opportunities and to assist City leadership in matching these opportunities to City priorities. E. Be qualified to work in conjunction with the United States Conference of Mayors. VSA works with the Conference of Mayor and the National League of Cities to track the legislative priorities of these associations and to ensure that these priorities track those of the City. We will continue to work with these groups, as well as a number of trade associations that support the interests of Clearwater Gas. F. Review and provide advice on the development of a Federal Legislative Program for the City. VSA has worked with City leadership to develop Federal funding and legislative priorities for the City. Harry Glenn also has discussed this process with the new City Manager, who would like to establish a more formalized process for developing the City's Federal priorities. VSA will continue to support the City in every way possible, especially with the convening of a new Congress in January and with new Congressional representation for the City beginning in 2023. VSA would welcome the Page 15 of 32 opportuity to schedule a time early each year to present the City's Federal priorities to City Council. G. Be able to travel to Clearwater to report on Federal activities. As mentioned earlier, Harry Glenn is a resident of Clearwater and splits his time between Clearwater and Washington. He has regularly attended City Council meetings, City events, and meets often with City leadership. He also has talked with the new City Manager and other City leaders about establishing a regular process to meet with staff to discuss the City's priorities and match them to Federal programs. Harry is available to the City 24/7 by phone, virtually, and in person. Page 16 of 32 2. References 1. Pinellas County Board of County Commissioners Brian Lowack Assistant to the County Administrator for Intergovernmental Affairs 315 Court Street Clearwater, FL 33756 727-464-3485 (office) 727-480-5228 (cell) blowack@co.pinellas.fl.us Van Scoyoc Associates has provided a full range of Federal affairs services to Pinellas County since 2014. VSA has worked to secure Congressionally directed spending for County priorities, and has engaged the Army Corps of Engineers, the Administration, the Florida Congressional delegation, and key committee staff on complex issues related to the Pinellas County beach construction project. VSA provided continuous support to the County during the COVID pandemic and has helped support the County in the development of applications for Federal infrastructure and other grant funding opportunities. VSA has helped in the development and presentation of an annual Federal affairs agenda to the County Commissioners and has supported numerous visits by Commission members and staff to Washington. 2. Pinellas Suncoast Transit Authority Brad Miller Chief Executive Officer 3201 Scherer Drive St. Petersburg, FL 33716 727-540-1807 (office) 727-459-9697 (cell) bmiller@psta.net Van Scoyoc Associates has provided a full range of Federal affairs services to PSTA since 2015. VSA has worked to secure Congressionally directed spending for PSTA's priority projects. VSA worked with PSTA on a multi-year effort to secure funding for the SunRunner BRT project, the first bus rapid project of its kind in the entire Tampa Bay area. VSA provided continuous support to PSTA during the COVID pandemic and has helped support PSTA in the development of numerous successful applications for Federal infrastructure and other grant funding opportunities. This included a $20 million RAISE grant in 2022 for the replacement of the Clearwater Transit Center, and an $18.5 million Bus and Bus Facilities grant, the second largest in the nation in 2022, for new electric buses and charging infrastructure. VSA has helped in the development and presentation of an annual Federal affairs agenda for PSTA and has supported numerous visits by Page 17 of 32 PSTA Board members, including the City of Clearwater's representative, and staff to Washington. 3. Port Tampa Bay Clay Hollis Chief of Staff 1101 Channelside Drive Tampa, FL 33602 813-905-5113 (office) 813-465-3132 (cell) chollis@tampaport.com Van Scoyoc Associates has provided a full range of Federal affairs services to Port Tampa Bay since 2017. VSA just won a recompetition for the Port contract, which the Board approved on October 18, 2022. VSA has helped support the Port in the development of numerous successful applications for Federal infrastructure and other grant funding opportunities. This included a 2022 RAISE grant for the development of new pier -side cargo infrastructure. VSA also worked to secure funding from the Army Corps of Engineers for the Port's newest channel at Port Red Wing. VSA is currently engaged with the Port to secure a Federal authorization and funding for a major channel expansion project covering the length of Tampa Bay. VSA has helped in the development and presentation of an annual Federal affairs agenda to the Port Board, as well as twice annual Federal updates. VSA supports regular visits by the Port's President/CEO and senior staff to Washington for meetings with the Florida Congressional Delegation, other key members of Congress and Committee staff, the Army Corps of Engineers, U.S. Department of Transportation, and the White House Office of Management and Budget. Page 18 of 32 Tab 3 — Qualifications — Education and Training of Lobbyists Page 19 of 32 Tab 3 - Qualifications - Education and Training of Lobbyists While our company is large, our core concepts make sure we tailor each government relations campaign to fit the needs and desires of our clients. VSA will continue to provide the City with the manpower and resources of one of Washington's largest and most successful Federal affairs firms while doing so with the human touch of a small entrepreneurial firm. Harry Glenn will continue to serve as your project manager and available to you and your staff 24/7 as he has been for the past nine years. As mentioned earlier, in addition to the specific team members identified in this proposal, the City will have access to all of the firms 55 Federal government affairs professionals if issues should arise that require areas of special expertise. The Clearwater team will include: Harry Glenn Executive Vice President and Project Manager Harry Glenn is a proud resident of Clearwater, and he has worked with the City for the entirety of his nine years at the firm. Clients come to Harry for his keen understanding of the appropriations and legislative process. He spent more than three decades working in the House of Representative including 19 years as the Chief of Staff for Pinellas County Congressman Bill Young, the former Chairman of the Appropriations Committee and its Subcommittee on National Defense. From that unique position, Harry worked on projects involving all 12 of the appropriations subcommittees and developed the ability to translate the goals of clients into legislative successes. Putting that know-how to use as an Executive Vice President at Van Scoyoc Associates for the past eight years, Harry is a valued resource to a diverse set of clients, including Pinellas County, Pasco County, the Pinellas Suncoast Transit Authority, and Port Tampa Bay. Clients appreciate Harry's accessibility, and his Florida clients appreciate the fact that as a Clearwater resident who splits his time between Florida and Washington, he is available for Board meetings, staff meetings, and other special events. Harry has briefed the Clearwater City Council numerous times, participated in many City events and celebrations, met with City Council members, and worked with City staff. Harry covers a wide range of Federal advocacy areas in addition to his work with local governments and public entities. This includes organizations interested in national security issues, biomedical research and health care, education, and infrastructure. Both on and off the Hill, Harry has developed a reputation as someone who is able to work in a bipartisan manner to achieve results. He maintains close working relationships with his former colleagues in the Florida Congressional delegation and on the House Appropriations Committee and he works hard to develop relationships with the rapidly changing and growing new members of the delegation and the committee. Page 20 of 32 Harry spent his entire Congressional career working for former Congressman Young, until the Congressman's passing in October 2013. He held a variety of positions including Press Secretary, Associate Staff member to the Committee on Appropriations, and ultimately Chief of Staff. During his time with Mr. Young, Harry was intimately involved with a wide range of projects. In addition to working to provide funding for the City of Clearwater's Beach Walk initiative, he successfully managed many other large scale projects including the Pinellas County beach construction project, the effort to prevent the closure of MacDill Air Force Base; the creation of the life-saving National Marrow Donor Program; the conversion of the former Pinellas Department of Energy facility into a high-technology and industrial complex employing more than 1,600 people; the funding of many complex public works projects including roads, bridges (Clearwater Memorial Causeway), ports and beaches; and the development of a robust internationally recognized marine science research complex in St. Petersburg that incorporates Federal and state agencies, university faculty, and business and non-profit entities. Harry is a 1980 graduate of the Pennsylvania State University with a degree in Journalism. He and his wife Paula have two sons and two grandsons. Geoff Bowman Vice President Geoff Bowman is one of the nation's leading policy professionals on water resources and infrastructure policy and Army Corps of Engineers policies and procedures, which will be especially helpful with several City of Clearwater initiatives. Having spent 15 years as a Professional Staff Member on the House Transportation and Infrastructure Committee, Geoff offers clients an insider's perspective on the policy, players, and politics involved in those issues. Prior to joining VSA, Geoff was the Staff Director of the House Transportation and Infrastructure Committee's Water Resources and Environment Subcommittee, where he shepherded passage of the Water Infrastructure Improvements for the Nation (WIIN) Act of 2016. Prior to that, he was instrumental in the passage of WRDA 2007 and WRRDA 2014. Geoff has been extremely helpful in providing support for the City's request to deauthorize a portion of the Federal channel that falls within the City Marine as an amendment to the pending 2022 WRDA legislation. Geoff has also worked closely with the many federal agencies under the Committee's jurisdiction, including the Army Corps of Engineers (Corps), the Tennessee Valley Authority, the Saint Lawrence Seaway Development Corporation, the National Oceanic and Atmospheric Administration, the Natural Resources Conservation Service, the International Boundary Water Commission, the Agency for Toxic Substances and Disease Registry, and the Environmental Protection Agency (EPA). "[Geoff] was instrumental in moving vital legislation, including WRDA 2007, WRRDA 2014, and the WIIN Act in 2016. He is very knowledgeable about the issues and will be missed," said Congressman Bill Shuster, the Chairman of the House Transportation and Infrastructure Committee, upon Geoff's departure from Capitol Hill. Page 21 of 32 Geoff's nearly two decades of water resources, water quality, natural resources, and infrastructure policy experience make him a valuable commodity to States, communities, and other organizations looking to partner with the federal government. He has expertise in Rivers and Harbors Acts, Flood Control Acts, Water Resources Development Acts, the Clean Water Act, and various other environmental laws and statutes. Geoff is able to guide clients through both the legislative process and the bureaucracy at the Corps, EPA, and other relevant federal agencies. During his service to the Committee, Geoff also worked with staff of the Florida Congressional delegation on a variety of projects, including the Broward County Sand Bypass project and the issue related to the quality of sand required for the beach construction project. Geoff spent his formative years on Capitol Hill working for Congressman Walter Jones of eastern North Carolina. A graduate of Elon University in Burlington, North Carolina, he lives with his wife, two young daughters, and 2 dogs in Annapolis, Maryland. Ashley Strobel Manager of Government Relations Ashley Strobel joined VSA as a Manager of Government Relations in the fall of 2020. Ashley brings three years of federal advocacy experience in water resources, energy, natural resources, and integrative health issues. In her role at VSA, Ashley provides strategic and technical assistance for a variety of clients including municipalities, coastal seaports, water districts, and infrastructure associations. Ashley works closely with VSA's water clients, and in her role manages and directs much of the annual appropriations process for these entities. She monitors a host of legislative and regulatory actions, providing clients with guidance on potential federal actions and next steps. Prior to joining VSA, Ashley spent three years at the lobbying firm Williams & Jensen she was responsible for helping manage clients' federal advocacy needs on an array of policy issues including, energy, health care, natural resources, tax, and pensions. Ashley accompanied clients during fly -in meetings with congressional members and staff which discussed social security and tax policies related to public pension plans. In 2017, Ashley interned for Congressman Andy Biggs (AZ -05) on Capitol Hill. She also worked on the late Senator John McCain's 2016 re-election campaign as a Field Organizer. where Will Smith Manager, Government Relations William (Will) Smith has been with Van Scoyoc Associates since February 2020. As a Manager of Government Relations, he provides invaluable support to the firm's large list of municipal clients and edit's VSA's weekly Federal legislative and regulatory update for the City of Clearwater and other local government leaders. Page 22 of 32 He spent several years on Capitol Hill, first as an intern for Rep. Mike Kelly (R -PA) and then as a Legislative Aide for Rep. Richard Hanna (R -NY), where he handled the labor and employment and science, space, and technology portfolios, as well of a variety of administrative responsibilities in the office. Upon departing the Hill, Will moved over to serve as the Special Assistant to the CEO of the Republican Main Street Partnership & PAC. There, he built and maintained relationships with Main Street's 50 plus Congressional Offices, followed and reported relevant legislative and political developments to the Main Street membership and to the CEO, and worked with corporate contributors and trade associations to build Congressional support for their PAC and legislative priorities. Will received his Bachelor of Arts in History from the University of Pennsylvania, graduating with Latin and Departmental Honors in 2014. Page 23 of 32 Tab 4 — Cost for Services Van Scoyoc Associates structures its relationships with clients in a way that ensures complete and open communication. We charge a flat fee for services on a monthly retainer basis. We do not charge by the hour, so that communication remain open, unhindered, and our clients know exactly what our services are going to cost. We base our retainer rates on the number of principals and staff devoted to a client and the expected scope of work. For this proposal, VSA proposes full and complete Federal Lobbying Services for the City of Clearwater, including Clearwater Gas, for a monthly retainer of $7,500, which is $90,000 annually, and $450,000 for the five-year term of the contract (2023- 2027). Monthly retainers are the best way to ensure that there is open and regular communication between the client and our staff. Under this type of arrangement, there will never be time when you or our staff will ask whether it is cost-effective to call us to discuss a pending issue or to have us attend a meeting on your behalf. Our proposal is for comprehensive Federal Lobbying Services, so we do not anticipate that there would be any work for the City that would fall outside that scope and that would require a separate or hourly billing agreement. Typically, reimbursement for travel, per diem expenses, photocopying, telephone lines, or other incidental expenses will require prior approval from the City and would not exceed $3,000 per year. As a Clearwater resident, Harry Glenn has never billed the City for any expenses. Page 24 of 32 Tab 5 — Other Forms Page 25 of 32 EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. (mark one): "Special Note — Any material exceptions taken to the City's Terns and Conditions may render a Proposal non-responsive. X No exceptions Exceptions taken (describe --attach additional pages if needed) Additional Materials submitted (mark one1: X No additional materials have been included with this proposal Additional Materials attached (describe—attach additional pages if needed) Ac knowledaement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor's responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Van Scoyoc Associates. Inc. Date: October 21, 2022 Federal lobbying services 22 RFP #57-22 Page 26 of 32 VENDOR INFORMATION Company LegaUCorporate Name: Van Scoyoc Associates, Inc. Doing Business As (if different than above): Address: 800 Maine Avenue, SW, Suite 800 City: Washington State: DC Zip: 20024 - 2806 Phone: (202) 638-1950 Fax: (202) 638.7714 E -Mail Address: hglennevsadc•com Website: www.vsadc.com DUNS # 78-897-3717 Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this Dr000sai: Name: Harry Glenn Fax: (202) 638-7714 pine: (202) 638-1950 Dav-to-Dav Prosect Contact (if awarded): E -Mail Address: hgIenntIvsadc.com Name: Harry Glenn Fax: (202) 638-7714 Phone: (202) 638-1950 Certified Small Business E -Mail Address: hglenn©vsadc.com Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: provide supoorttno documentatbn for your certification. If applicable. Federal Lobbying Swims 23 RFP #57-22 Page 27 of 32 VENDOR CERTIFICATION OF PROPOSAL By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and condflions stated hereh, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee. officer, elected official. or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract t) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent's offer, or in response to a public records request under Florida's public records law (F.S. 119) or other applicable law, subpoena, or other judiclal process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors ("Subcontractors") will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6a) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) it will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terns and conditions in a resulting contract if awarded by the City. I) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Van Scoyoc Associates, Inc. ✓ Signature: 1 IV 1. Printed Name: H. Stewart Van Scoyoc Title: Chairman, Founder, and CEO Date: October 21, 2022 Federal Lobbying Services 24 RFP #57-22 Page 28 of 32 SCRUTINIZED COMPANIES FORMS SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORMAS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities M Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations In Cuba and Syria; and 2. The vendor, company, individual, princl, subsidiary, affiliate, or owner is eligible to participate In this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specificaNy related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with ActMties in the Iran Petroleum Sector list, or engaged in business operations In Cuba and Syria. STATE OF District of Columbia @t3HNTor Authorized Signature H. Stewart Van Scoyoc Printed Name Chairman, Founder, and CEO Title Van Scoyoc Associates, Inc. Name of Entity/Corporation The foregoing instrument was acknowledged before me by means of El physical presence or 0 online notarization on, this 21st day of October , 20 22 , by H. Stewart Van Scoyoc (name of person whose signature is being notarized) as the Chairman. Founder. and CEO (title) of ,.Van.S oc aces. Inc. (name of corporation/entity), personally known to me , or �.,p�oQtiam§1. *l tinea (y(type of identification) as identification, and who did/did not take C�n4188'C•, -:3tar2027..3 •'i. ' �y.. . OJ�s �ion moires: I � NBiA't SEAL ABOVE No Printed Nam Federal Lobbying Seniles 25 RFP #57-22 Page 29 of 32 SCRUTINIZED COMPANIES FORMS SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL UST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, prindpal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. 'Boycott Israer or "boycott of Israel" means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli -controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. iges— Authorized Signature H. Stewart Van Scoyoc Printed Name Chairman, Founder, and CEO Title Van Scoyoc Associates, Inc. Name of Entity/Corporation STATE OF District of Columbia TY OF The foregoing instrument was acknowledged before me by means of El physical presence or 0 online notarization on, this 21st day of October , 20 22 , by H. Stewart Van Scovoc (name of person whose signature is being notarized) as the Chairman. Founder. and CEO (title) of voc soc fates. Inc, ,. (name of corporation/entity), personally known to me , or (type of identification) as identi(iication, and who did/did not take Q-. ( moi" ��[� s ' _ '! Federal Lobbying SeMces 26 RFP #57-22 Page 30 of 32 E -VERIFY EUGIBILITY FORM VERIFICATION OF EMPLOYMENT ELIGIBIUPIY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E -Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E -Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. Zsie Authorized Signature H. Stewart Van Scovoc Printed Name Chairman, Founder, and CEO Title Van Scovoc Associates, Inc. Name of Entity/Corporation STATE OF District of Columbia COUNTY 0? The foregoing instrument was acknowledged before me by means of MI physical presence or 0 online notarization on, this 21st day of October , 20 22 , by H. Stewart Van Scoyoc (name of person whose signature is being notarized) as the Chairman. Founder. and CEO (title) of Van Scovoc Associates. Inc, (name of coition/entity), personally known to me . or produced (type of +••• r�bq) as Identification, and who did/did not take an • G e _' ,,9- i 4 : � v Pi��,.• •Z Notagy,Puj W IrI�U H M s fgir ie y /. . - = COrB►VSS CV = Printed Nam `s o,, is ixpires: 71111:21 %TPA , e 1' ' . 7. •'ABOVE \441 �uun.ena leu_ Federal Lobbying Services 27 RFP #57-22 Form W-9 (Rev. October 2018) Department of the reasury Internal Revenue Servos Request for Taxpayer Identification Number and Certification ► Go to www.lrs.gov/FonmWN for instructions and the latest Information. 1 Nene (as shown on your income tax return). Name is required on this hne; do not leave this fine blank Van Scoyoc Associates 2 Business name/diwegerded entity name. if different from above Page 31 of 32 Give Form to the requester. Do not send to the IRS. ti 1 1 3 Check appropriate box for lederal tax clasailication o1 the person whose name is entered on line 1. Check oNy one of the following seven boxes. ❑ Individual/sole proprietor or 0 C Corporation ❑ S Corporation 0 Parts single -member LLC Partnership 0 TrusVestats ❑ Limited liability company. Enter the tax classification (C=C corporation. S=S corporation, P_Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. otherwise. a single -member ILC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ other pee instructions) ► 6 Address (number. street, and apt. or suite no.) See instructions. 800 Maine Ave SW, 8th Floor I City. state. and ZIP code Washington, DC 20024 4 Exemptions (codes apply only to certain entities, not individuals: see instructions on page 3)• Exempt payee code (1 any) Exemption from FATCA reporting code (f any) %o.•. to .aamn rt,unu.re anon the LI S 7 Ust account number(s) here (oP6onal) Part 1 Requester's name and address (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, Tater. For other entities, it is your employer identification number (EIN). 1f you do not have a number, see How to get a TIN, later. Note; If the account is in more than one name. see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Part 11 Certification Social security number or Employer identification number 5 2 1 7 1 0 9 2 3 Under penalties of perjury. I certify that: 1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting for a number to be issued to me), and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Serene (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends. or (c) the IRS has not fied me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (1 any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally. payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign i 8lgnatun of Hero I UAL person 0' ap‘d.. Qe. - General Instructions Section references are to the Internal Revenue Code unless othervnse noted. Future developments. For the latest information about developments related to Form W9 and its instructions, such as legislation enacted after they were published, go to www urs.gov/FormW9. Purpose of Form M individual or entity (Form W-9 requester) who is required to file an informabon retum with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social seventy number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN). or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT interest earned or paid) Date ► !_ 3 ; D L • Form 1099 -DIV (dmdends, including those from stocks or mutual funds) • Form 1099-MISC (varous types of income, przes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sa es and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest). 1098-E (student Loan interest) 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment o1 secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. H you do not return Form W.9 to the requester with a TIN. you night be subject to backup withholding. See What is backup withholding. later. Cat No 10231X Form W-9 (Rev. 10.2016) Page 32 of 32 State of Florida Department of State I certify from the records of this office that VAN SCOYOC ASSOCIATES, INC. is a District of Columbia corporation authorized to transact business in the State of Florida, qualified on July 20, 2006. The document number of this corporation is F06000004819. I further certify that said corporation has paid all fees due this office through December 31, 2022, that its most recent annual report/uniform business report was filed on February 16, 2022, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-first day of June, 2022 Secretary of State Tracking Number: 1998961070CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://servlces.sunbiz org/Filings/CertifcateOfStatus/CertMcateAuthenttcatlon BRIGHT AND BEAUTIFUL- BAY TO BEACH REQUEST FOR PROPOSALS #57-22 Federal Lobbying Services September 26, 2022 NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until 10:00 AM, Local Time, October 24, 2022, to provide Federal Lobbying Services. Brief Description: The City of Clearwater seeks an experienced lobbyist (person, firm, or entity) to represent the City before Congress and the Executive Branch of the Federal Government. Proposals must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Proposal packets, any attachments and addenda are available for download at: https://www.mvclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement contact below: This Request for Proposals is issued by: Lori Vogel, CPPB Procurement Manager Lori.vogel mvclearwater.com v 07.2021 EXHIBIT 1 Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33758-4748 727-562-4633 Tel INSTRUCTIONS i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on Page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their proposal. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal. i.3 VENDOR CONFERENCE / SITE VISIT: ❑ Yes ® No Mandatory Attendance: ❑ Yes ® No If so designated above, attendance is mandatory as a condition of submitting a proposal. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: October 24, 2022 Time: 10:00 AM (Local Time) The City will open all proposals properly and timely submitted and will record the names and other information specified by law and rule. All proposals become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division. i.5 PROPOSAL FIRM TIME: 120 Days from Opening Proposal shall remain firm and unaltered after opening for the number of days shown above. The City may accept the proposal, subject to successful contract negotiations, at any time during this time. i.6 PROPOSAL SECURITY: ❑ Yes $ 0.00 ® No If so designated above, a proposal security in the amount specified must be submitted with the proposal. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such proposal security shall be forfeited to the City of Clearwater should the proposer selected fail to execute a contract when requested. PERFORMANCE SECURITY: El Yes $ 0.00 ® No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if Federal Lobbying Services 2 RFP #57-22 INSTRUCTIONS any, will be returned to Contractor upon the expiration or termination of the contract. i.7 SUBMIT PROPOSALS TO: It is recommended that proposals are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Proposers may mail or hand -deliver proposals to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd FI, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 Proposals will be received at this address. Proposers may mail or hand -deliver proposals; e-mail or fax submissions will not be accepted. No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a proposal that is not properly addressed and identified. i.8 LATE PROPOSALS. The proposer assumes responsibility for having the proposal delivered on time at the place specified. All proposals received after the date and time specified shall not be considered and will be returned unopened to the proposer. The proposer assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The proposer agrees to accept the time stamp in the City's Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO -CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No -Contact Period. The penalty for violating the No -Contact Period may include suspension or debarment i.10 COMMENCEMENT OF WORK. If proposer begins any billable work prior to the City's final approval and execution of the contract, proposer does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than (seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the proposal. Proposers are cautioned to verify their proposals before submission, as amendments to or withdrawal of proposals submitted after time specified for opening of proposals may not be considered. The City will not be responsible for any proposer errors or omissions. Federal Lobbying Services 3 RFP #57-22 INSTRUCTIONS i.12 FORM AND CONTENT OF PROPOSALS. Unless otherwise instructed or allowed, proposals shall be submitted on the forms provided. An original and the designated number of copies of each proposal are required. Proposals, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the proposal is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the proposal be submitted. The proposal must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the proposal. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for "Brand Name or Equal," the brand name product is acceptable. Other products will be considered upon showing the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City's needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name product is on the proposer. The City reserves the right to reject proposals that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF PROPOSAL. Written requests to modify or withdraw the proposal received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the proposal and marked as a MODIFICATION or WITHDRAWAL of the proposal. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any proposal security. Any withdrawal after the bid opening shall be allowed solely at the City's discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting a proposal has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the proposer shall include a letter with its proposal identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A proposal from a proposer who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. 1.16 RESERVATIONS. The City reserves the right to reject any or all proposals or any part thereof; to rebid the solicitation; to reject non-responsive or non -responsible proposals; to reject unbalanced proposals; to reject proposals where the terms, prices, and/or awards are conditioned upon another event; to reject individual proposals for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any proposal. The City may seek clarification of the proposal from proposer at any time, and failure to respond is cause for rejection. Submission of a proposal confers on proposer no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City's discretion and made to favor the City. No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a proposer may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. Federal Lobbying Services 4 RFP #57-22 INSTRUCTIONS i.18 COPYING OF PROPOSALS. Proposer hereby grants the City permission to copy all parts of its proposal, including without limitation any documents and/or materials copyrighted by the proposer. The City's right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub -standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from proposers or prospective proposers and affiliates. The City may request product samples from vendors for product evaluation. i.21 RIGHT TO PROTEST. Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a competitive solicitation and was not selected may appeal the decision through the bid protest procedures, a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of one percent of the amount of the bid or proposed contract to offset the City's additional expenses related to the protest. This fee shall not exceed $5,000.00 nor be less than $50.00. Full refund will be provided should the protest be upheld. No partial refunds will be made. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd FI Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 Federal Lobbying Services 5 RFP #57-22 INSTRUCTIONS — EVALUATION i.22 EVALUATION PROCESS. Proposals will be reviewed by a screening committee comprised of City employees. The City staff may or may not initiate discussions with proposers for clarification purposes. Clarification is not an opportunity to change the proposal. Proposers shall not initiate discussions with any City employee or official. i.23 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, the technical proposal/price. All proposals must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the proposal complies with the instructions for submitting proposals including completeness of proposal which encompasses the inclusion of all required attachments and submissions. The City must reject any proposals that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the proposer is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced proposals, past performance, references (including those found outside the proposal), compliance with applicable laws, proposer's record of performance and integrity- e.g. has the proposer been delinquent or unfaithful to any contract with the City, whether the proposer is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A proposer must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review proposer's facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Proposal. The City will determine how well proposals meet its requirements in terms of the response to the specifications and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. d) If less than three (3) responsive proposals are received, at the City's sole discretion, the proposals may be evaluated using simple comparative analysis instead of any announced method of evaluation, subject to meeting administrative and responsibility requirements. For this RFP, the criteria that will be evaluated and their relative weights are: Evaluation Criteria (proposal format page 21) Points Demonstrated Experience Providing Lobbying Services with Local Governments and/or Organizations (Tab 2) 25 References (Tab 2) 20 Qualifications — Educations and Training of Lobbyist(s) (Tab 3) 35 Cost for Services (Tab 4) 20 i.24 SHORT -LISTING. The City at its sole discretion may create a short-list of the highest ranked proposals based on evaluation against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted firms. i.25 PRESENTATIONS/INTERVIEWS Presentations and/or interviews may be requested at the City's discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. i.26 BEST & FINAL OFFERS. The City may request best & final offers if deemed necessary, and will determine the scope and subject of any best & final request. However, the proposer should not Federal Lobbying Services 6 RFP #57-22 INSTRUCTIONS — EVALUATION expect that the City will ask for best & finals and should submit their best offer based on the terms and conditions set forth in this solicitation. i.27 COST JUSTIFICATION. In the event only one response is received, the City may require that the proposer submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the proposal price is fair and reasonable. i.28 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Proposer must be prepared for the City to accept the proposal as submitted. If proposer fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject proposal or revoke the award, and may begin negotiations with another proposer. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the proposer and the City until the City executes a written contract or purchase order. i.29 NOTICE OF INTENT TO AWARD. Notices of the City's intent to award a Contract are posted to Purchasing's website. It is the proposer's responsibility to check the City of Clearwater's website at https://www.myclearwater.com/business/rfp to view relevant RFP information and notices. i.30 RFP TIMELINE. Dates are tentative and subject to change. Release RFP: 09/26/2022 Advertise Tampa Bay Times: 09/28/2022 Responses due: 10/24/2022 Review proposals: 10/24/2022 — 11/04/22 Presentations (if requested): Week of 11/14/2022 Award recommendation: 11/18/2022 Council authorization: December 2022 Contract begins: January 2023 Federal Lobbying Services 7 RFP #57-22 STANDARD TERMS AND CONDITIONS S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: "vendor, contractor, supplier, proposer, company, parties, persons", "purchase order, PO, contract, agreement", "city, Clearwater, agency, requestor, parties", "bid, proposal, response, quote". S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor's employees, not City employees. Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers' compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City's written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug -Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified Federal Lobbying Services 8 RFP #57-22 STANDARD TERMS AND CONDITIONS in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter "Contractor Immigration Warranty"). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor's personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor's services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. Federal Lobbying Services 9 RFP #57-22 STANDARD TERMS AND CONDITIONS S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this RFP, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this RFP are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this RFP and provides notice of its intent to reissue the RFP, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued RFP or until the City withdraws the reissued RFP. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.CallOmyclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor's agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter "public agency") to perform the service being provided by the contractor hereunder. b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. Federal Lobbying Services 10 RFP #57-22 STANDARD TERMS AND CONDITIONS d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor's place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City's information, data, or facilities in accordance with the City's current Federal Lobbying Services 11 RFP #57-22 STANDARD TERMS AND CONDITIONS background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor's capability to perform under the Agreement; (ii) Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) Conducts business in an unethical manner or in an illegal manner; or (iv) Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Section 27 of the City's Purchasing and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non - defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor's intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non -defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys' fees, and costs. Federal Lobbying Services 12 RFP #57-22 STANDARD TERMS AND CONDITIONS c. The non -defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days' written notice. S.21 CONFLICT OF INTEREST F.S. Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON -APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor's properly prepared final invoice. S.24 NON -WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor -provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman -like and professional manner. The City's acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or Federal Lobbying Services 13 RFP #57-22 STANDARD TERMS AND CONDITIONS services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City's reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City's right to recover against third parties for any loss, destruction, or damage to City property, and will at the City's request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City's use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without Federal Lobbying Services 14 RFP #57-22 STANDARD TERMS AND CONDITIONS limitation, either: (a) modify the item so that it becomes non -infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Division and/or an authorized representative from the using department. All questions regarding the contract will be referred to the Procurement Division for resolution. Supplements may be written to the contract for the addition or deletion of services. S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City's Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may Federal Lobbying Services 15 RFP #57-22 STANDARD TERMS AND CONDITIONS be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. Federal Lobbying Services 16 RFP #57-22 DETAILED SPECIFICATIONS 1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida and the third largest city in the Tampa Bay region with an estimated 117,800 residents. Clearwater Beach is an international tourist destination that brings millions of tourists to Pinellas County annually and was selected as the "Number One Beach in America" in the 2018 and 2019 TripAdvisor Travelers' Choice Awards and regularly ranks as a top vacation destination in both domestic and international publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts miles of pristine "sugar sand" beaches, provides a wide variety of casual and fine dining options, and is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball. Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for its groundbreaking work in marine rescue, rehabilitation, and release. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment, and community. 2. RFP OBJECTIVE. The City of Clearwater (City) seeks an experienced, well qualified person, firm, or entity (Respondent) to represent the City before Congress and the Executive branch of the Federal government. It is the City's intention to solicit responses from potentially qualified respondents; to evaluate their responses; to require presentations by finalists (if deemed necessary); to negotiate terms, including price; and to award a contract for services upon successful negotiation of a reasonable contract. The City has a Council -Manager form of government with a five -member City Council whose members are elected at large. The Council members' terms of office are staggered. The City Manager is appointed by the City Council to implement and manage Council policy. 3. SCOPE OF SERVICES. The scope of services to be performed by the qualified successful Respondent includes but is not limited to the following: A. The qualified Respondent shall maintain an office in the Washington D.C. area; maintaining a presence on behalf of the City of Clearwater, Florida. B. The qualified Respondent shall be able to provide timely information, assessments, and reports on federal legislation, budgetary, and regulatory issues affecting the City of Clearwater. The information provided shall include monthly updates on city -related issues with emphasis on those issues specifically affecting Clearwater. C. The qualified Respondent shall be able to effectively communicate City Council policy positions to Congress, the Administration, and federal agencies. This will include scheduling meetings for the Mayor, members of the City Council, City Manager, or City legislative staff with members of Congress, the Administration, and with federal agency representatives to discuss the City's concerns. The Respondent will provide advice and counsel on the timing, necessity and subject matter, including the key points needing to be discussed at any of these meetings. Additionally, the Respondent will advise the City on the necessity to write letters of support or opposition on pending legislation or federal policy issues. D. The qualified Respondent shall be able to provide timely information and advice on federal funding opportunities to support City programs and services and facilitate federal consideration of City applications. The City throughout the year submits grant applications to seek funding for programs that complement the goals and objectives of the City Council. The Respondent should be prepared to support these efforts by identifying appropriate federal funding opportunities, including appropriations, authorized programs, competitive grant programs, and possible agency discretionary grants applicable to City of Clearwater priorities. E. The qualified Respondent shall be able to work in conjunction with the United States Conference of Mayors in support or opposition of budget appropriations, legislation, and Federal Lobbying Services 17 RFP #57-22 DETAILED SPECIFICATIONS agency rules or regulations affecting municipalities. F. The qualified Respondent shall be able to review and provide advice on development of the City of Clearwater's Federal Legislative Program. G. The qualified Respondent shall be able to travel to Clearwater to report on activities engaged in while representing the City. Travel to Clearwater and on behalf of Clearwater will be reimbursable. 4. MINIMUM QUALIFICATIONS. A. Respondent must demonstrate experience and expertise in the federal legislative process or be able to demonstrate equivalent experience. B. Respondent must demonstrate the ability to represent local government clients to Congress or be able to demonstrate equivalent experience. C. Respondent must demonstrate ongoing relationships with members of the Florida Congressional Delegation by including in their list of references, members and a contact person in each of the offices who can discuss the Respondent's work. D. Respondent must demonstrate ongoing relationships with key members and Congressional Committee staff, Executive Branch agency staff, and describe how these relationships may be of assistance to the City. E. Respondent must demonstrate familiarity with Federal agencies and a record of a successful working relationship with these agencies. 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better. In addition, the City has the right to review the Contractor's deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims -made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Professional Liability/Malpractice/Errors or Omissions Insurance coverage appropriate for the type of business engaged in by the Respondent with minimum limits of $2,000,000 (two million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (SERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. Federal Lobbying Services 18 RFP #57-22 DETAILED SPECIFICATIONS c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers' Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer's Liability Insurance in the minimum amount of $1,000,000 (one million dollars) each employee each accident, $1,000,000 (one million dollars) each employee by disease, and $1,000,000 (one million dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen's and Harbor Worker's Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Commercial Automobile Liability Insurance coverage for any owned, non -owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy's renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an "Additional Insured" on the Commercial General Liability Insurance and the Commercial Automobile Liability Insurance. In addition, when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Purchasing Department, RFP #57-22 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non -renewal, termination, material change or reduction in coverage. c. Vendor's insurance as outlined above shall be primary and non-contributory coverage for Vendor's negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor's defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor's design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of anv potential liability to the City. and City's failure to request evidence of this insurance shall not be construed as a waiver of Vendor's (or any contractors', subcontractors', representatives' or agents') obligation to provide the insurance coverage specified. Federal Lobbying Services 19 RFP #57-22 MILESTONES 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. January 2023 -December 2027 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. 3. PRICES. All pricing shall be firm for the contract term except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this proposal. Federal Lobbying Services 20 RFP #57-22 RESPONSE ELEMENTS 1. PROPOSAL SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand -delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, three (3) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. NOTE: If submitting proposals electronically, copies are not required. 2. PROPOSAL FORMAT (the following should be included and referenced with index tabs) NOTE: Every proposal received by the City will be considered a public record pursuant to Chapter 119, Florida Statutes. Any response marked confidential may be deemed non- responsive to this RFP. Table of Contents: Identify contents by tab and page number TAB 1 - Letter of Transmittal. A brief letter of transmittal should be submitted that includes the following information: 1. The proposer's understanding of the work to be performed. 2. A positive commitment to perform the service within the time period specified. 3. The names of key persons, representatives, project managers who will be the main contacts for the City regarding this project. TAB 2 — Demonstrated Experience Providing Federal Lobbying Services with Local Governments and/or Organizations; References 1. A statement of qualifications, abilities, experience and expertise in providing the requested services. a. A description of what qualifies your company, financial and otherwise, to provide the City with these services for the required period of time, provide appropriate staffing, provide necessary resources and show a history of demonstrated competence. b. An assessment of the proposer's abilities to meet and satisfy the needs of the City, taking into consideration the requested services, additional services and/or expertise offered that exceed the requirements, or the vendor's inability to meet some of the requirements of the specifications. 2. References — provide a minimum of three (3) references, preferably from other public entities in the State of Florida, for whom you have provided similar services. Include the name of entity, contact person's name, phone number, e-mail address, mailing address, type of service provided, dates the services were provided. TAB 3 — Qualifications — Education and Training of Lobbyist(s) Identification of personnel to be assigned to the City; resumes, including relevant experience may be included. TAB 4 — Cost for Services The cost portion of the proposal should include a complete listing of hourly fees, rates, etc., applicable to requested services. All direct and indirect costs should be included. Travel and out- of-pocket expenses shall be listed separately and included in total cost. TAB 5 -Other Forms. The following forms should be completed and signed: 1. Exceptions/Additional Materials/Addenda form 2. Vendor Information form 3. Vendor Certification of Proposal form 4. Scrutinized Companies form(s) as required 5. E -Verify Eligibility form 6. W-9 Form. Include a current W-9 form (http://www.irs.gov/pub/irs-pdf/fw9.odf) Federal Lobbying Services 21 RFP #57-22 EXCEPTIONS / ADDITIONAL MATERIAL / ADDENDA Proposers shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): 'Special Note — Any material exceptions taken to the City's Terms and Conditions may render a Proposal non-responsive. No exceptions Exceptions taken (describe --attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this proposal Additional Materials attached (describe—attach additional pages if needed) Acknowledgement of addenda issued for this solicitation: Prior to submitting a response to this solicitation, it is the vendor's responsibility to confirm if any addenda have been issued. Addenda Number Initial to acknowledge receipt Vendor Name Date: Federal Lobbying Services 22 RFP #57-22 VENDOR INFORMATION Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: Phone: Fax: E -Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this proposal: Name: Fax: Phone: E -Mail Address: Day -to -Day Project Contact (if awarded): Name: Phone: Certified Small Business Fax: E -Mail Address: Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. Federal Lobbying Services 23 RFP #57-22 VENDOR CERTIFICATION OF PROPOSAL By signing and submitting this Proposal, the Vendor certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent's offer, or in response to a public records request under Florida's public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors ("Subcontractors") will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. I) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: Federal Lobbying Services 24 RFP #57-22 SCRUTINIZED COMPANIES FORMS SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. STATE OF COUNTY OF Authorized Signature Printed Name Title Name of Entity/Corporation The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization on, this day of , 20 , by (name of person whose signature is being notarized) as the (title) of (name of corporation/entity), personally known , or produced (type of identification) as identification, and who did/did not take an oath. Notary Public Printed Name My Commission Expires: NOTARY SEAL ABOVE Federal Lobbying Services 25 RFP #57-22 SCRUTINIZED COMPANIES FORMS SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORMAS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 3. `Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli -controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel. STATE OF COUNTY OF Authorized Signature Printed Name Title Name of Entity/Corporation The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization on, this day of , 20 , by (name of person whose signature is being notarized) as the (title) of (name of corporation/entity), personally known , or produced (type of identification) as identification, and who did/did not take an oath. Notary Public Printed Name My Commission Expires: NOTARY SEAL ABOVE Federal Lobbying Services 26 RFP #57-22 E -VERIFY ELIGIBILITY FORM VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E -VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E -Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E -Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. STATE OF COUNTY OF Authorized Signature Printed Name Title Name of Entity/Corporation The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization on, this day of , 20 , by (name of person whose signature is being notarized) as the (title) of (name of corporation/entity), personally known , or produced (type of identification) as identification, and who did/did not take an oath. My Commission Expires: NOTARY SEAL ABOVE Notary Public Printed Name Federal Lobbying Services 27 RFP #57-22 MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER For US Mail SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #57-22, Federal Lobbying Services Due Date: October 24, 2022, at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 For US Mail For Hand Deliveries, FEDEX, UPS or Other Courier Services SEALED PROPOSAL Submitted by: Company Name: Address: City, State, Zip: RFP #57-22, Federal Lobbying Services Due Date: October 24, 2022, at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd FI Clearwater FL 33756-5520 For Hand Deliveries, FEDEX, UPS or Other Courier Services Federal Lobbying Services 28 RFP #57-22