Professional Services Agreement between CMB & Ballard Partners, Inc 2423 . &q
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Contract no.24-055-01
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
BALLARD PARTNERS, INC.
FOR
FEDERAL GOVERNMENTAL CONSULTING PURSUANT TO
REQUEST FOR QUALIFICATION (RFQ) 2024-055-ND FEB 0 7 2024
This Professional Services Agreement ("Agreement") is entered into this ("Effective
Date"), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized
and existing under the laws of the State of Florida, having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), and BALLARD
PARTNERS, INC., a Florida CORPORATION, whose address is 201 East Park Avenue, 59'
floor, Tallahassee, FL 32301("Consultant").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, including any exhibits
and amendments thereto.
City Manager: The chief administrative officer of the City.
City Manager's
Designee: The City staff member who is designated by the City Manager to
administer this Agreement on behalf of the City. The City Manager's
designee shall be the Office of the City Manager.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Consultant performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Consultant as compensation for Services.
Proposal Documents: Proposal Documents shall mean City of Miami Beach RFQ, No. 2024-055
for FEDERAL GOVERNMENTAL CONSULTING together with all
amendments thereto, issued by the City in contemplation of this
Agreement, RFQ, and the Consultant's proposal in response thereto
("Proposal"), all of which are hereby incorporated and made a part hereof;
provided, however, that in the event of an express conflict between the
Proposal Documents and this Agreement, the following order of
precedent shall prevail: this Agreement; the RFQ, and the Proposal.
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Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext. 26724; and fax number(305)673-7529.
SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide
the work and services described in Exhibit"A" hereto (the"Services").
Although Consultant may be provided with a schedule of the available hours to provide its
Services, the City shall not control nor have the right to control the hours of the Services
performed by the Consultant; where the Services are performed (although the City will provide
Consultant with the appropriate location to perform the Services); when the Services are
performed, including how many days a week the Services are performed; how the Services are
performed, or any other aspect of the actual manner and means of accomplishing the Services
provided. Notwithstanding the foregoing, all Services provided by the Consultant shall be
performed in accordance with the terms and conditions set forth in Exhibit "A" and to the
reasonable satisfaction of the City Manager. If there are any questions regarding the Services
to be performed, the Consultant should contact the following person:
Marcia Monserrat, Chief of Legislative and External Affairs
City of Miami Beach
Office of the City Manager
1700 Convention Center Drive, 4th Floor.
Miami Beach, FL 33139
2.2 Consultant's Services and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit"A" hereto.
SECTION 3
TERM
The term of this Agreement ("Term") shall commence upon exe) and of this Agreement by all
parties hereto (the Effective Date set forth on p. 1 hereof), and shall have an initial term of three
(3) years with one(1)two-year renewal option, to be exercised at the City Manager's sole option
and discretion, by providing Consultant with written notice of same no less than thirty(30) days
prior to the expiration of the initial term.
Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the Services,
as same is/are set forth in the timeline and/or schedule referenced in Exhibit "A" hereto.
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SECTION 4
FEE
4.1 In consideration of the Services to be provided, Consultant shall be compensated on a
fixed fee basis, in the amount of$10,000 per month.
4.2 Reimbursable expenses must be approved in advance by the City Manager or designee.
The request for reimbursement must be detailed and completely substantiated by the related
receipts, proof of payment, or any other supporting document requested by the City Manager or
her designee.
4.3 In the event the Agreement is terminated, the fees will be prorated, based upon the
number of days in the month (in which the termination became effective) for which services _
were rendered by the Consultant, through the effective date of the termination, as cormpar&to -
the total number of days in such month. Upon demand by the City, Consultant will refund to the
City any overpayments received.
4.4 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five
(45) days for that portion (or those portions) of the Services satisfactorily rendered (and
referenced in the particular invoice).
Invoices shall include a detailed description of the Services (or portions thereof) provided, and
shall be submitted to the City at the following address:
Accounts Payable: Payables@miamibeachfl.gov
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through its City
Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to
exercising its option to terminate for cause, the City shall notify the Consultant of its violation of
the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such
default. If such default remains uncured after ten (10) days, the City may terminate this
Agreement without further notice to Consultant. Upon termination, the City shall be fully
discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this
Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the Consultant. The City, at
its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it
deems to be in its best interest in order to enforce the City's rights and remedies against
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Consultant. The City shall be entitled to recover all costs of such actions, including reasonable
attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE.
ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY
CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S
SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR
WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE
SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE
ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE
AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT
SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE
DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED
FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY
VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Consultant is
placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of
creditors. In such event, the right and obligations for the parties shall be the same as provided
for in Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify, defend and hold harmless the City of Miami Beach and its
officers, employees, agents, and contractors, from and against any and all actions (whether at
law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to
property, which may arise or be alleged to have arisen from the negligent acts, errors,
omissions or other wrongful conduct of the Consultant, its officers, employees, agents,
contractors, or any other person or entity acting under Consultant's control or supervision, in
connection with, related to, or as a result of the Consultant's performance of the Services
pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses
and shall pay all such costs and judgments which may issue from any lawsuit arising from such
claims and losses, and shall pay all costs and attorneys' fees expended by the City in the
defense of such claims and losses, including appeals. The Consultant expressly understands
and agrees that any insurance protection required by this Agreement or otherwise provided by
the Consultant shall in no way limit the Consultant's responsibility to indemnify, keep and save
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harmless and defend the City or its officers, employees, agents and instrumentalities as herein
provided.
The parties agree that one percent (1%) of the total compensation to Consultant for
performance of the Services under this Agreement is the specific consideration from the City to
the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and
of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
6.3 The Consultant shall maintain the below required insurance in effect prior to awarding
the agreement and for the duration of the agreement. The maintenance of proper insurance
coverage is a material element of the agreement and failure to maintain or renew coverage may
be treated as a material breach of the contract, which could result in withholding of payments or
termination of the Agreement.
A. Workers' Compensation Insurance for all employees of the Contractor as required by
Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than
$1,000,000 per accident for bodily injury or disease. Should the Contractor be exempt from this
Statute, the Contractor and each employee shall hold the City harmless from any injury incurred
during performance of the Contract. The exempt contractor shall also submit (i) a written
statement detailing the number of employees and that they are not required to carry Workers'
Compensation insurance and do not anticipate hiring any additional employees during the term
of this contract or(ii)a copy of a Certificate of Exemption.
B. Commercial General Liability Insurance on an occurrence basis, including products and
completed operations, property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate.
C. Automobile Liability Insurance covering any automobile, if vendor has no owned
automobiles, then coverage for hired and non-owned automobiles, with limit no less than
$1,000,000 combined per accident for bodily injury and property damage.
O. Professional Liability (Errors & Omissions) Insurance appropriate to the Consultant's
profession, with limit no less than$1,000,000.
6.4 Additional Insured — City of Miami Beach must be included by endorsement as an
additional insured with respect to all liability policies (except Professional Liability and Workers'
Compensation) arising out of work or operations performed on behalf of the Consultant
including materials, parts, or equipment furnished in connection with such work or operations
and automobiles owned, leased, hired or borrowed in the form of an endorsement to the
Consultant's insurance.
6.5 Notice of Cancellation — Each insurance policy required above shall provide that
coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS
Insurance Compliance Services.
6.6 Waiver of Subrogation — Consultant agrees to obtain any endorsement that may be
necessary to affect the waiver of subrogation on the coverages required. However, this
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provision applies regardless of whether the City has received a waiver of subrogation
endorsement from the insurer.
6.7 Acceptability of Insurers - Insurance must be placed with insurers with a current A.M.
Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida
Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed
and authorized to do insurance business in the State of Florida.
6.8 Verification of Coverage-Consultant shall furnish the City with original certificates and
amendatory endorsements, or copies of the applicable insurance language, effecting coverage
required by this contract. All certificates and endorsements are to be received and approved by
the City before work commences. However, failure to obtain the required documents prior to
the work beginning shall not waive the Consultant's obligation to provide them. The City
reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, required by these specifications, at any time.
CERTIFICATE HOLDER ON ALL COI MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 947
Murrieta, CA 92564
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing
agent, EXIGIS, at:
Certificates-miamibeachAriskworks.com
6.9 Special Risks or Circumstances-The City of Miami Beach reserves the right to modify
these requirements, including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor of his liability and
obligation under this section or under any other section of this agreement.
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Agreement, Consultant and the City expressly waive any rights either party
may have to a trial by jury of any civil litigation related to or arising out of this Agreement.
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SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action, for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in
excess of$10,000 for any action or claim for breach of contract arising out of the performance
or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
SECTION 9
DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT;
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the Services contemplated herein, Consultant shall exercise
that degree of skill, care, efficiency and diligence normally exercised by reasonable persons
and/or recognized professionals with respect to the performance of comparable work and/or
services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
In its performance of the Services, Consultant shall comply with all applicable laws, ordinances,
and regulations of the City, Miami-Dade County, the State of Florida, and the federal
government, as applicable.
9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS
Any work product arising out of this Agreement, as well as all information specifications,
processes, data and findings, are intended to be the property of the City and shall not otherwise
be made public and/or disseminated by Consultant, without the prior written consent of the City
Manager, excepting any information, records etc. which are required to be disclosed pursuant to
Court Order and/or Florida Public Records Law.
Ail reports, documents, articles, devices, and/or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property of the City, and shall not be
subject to any application for copyright or patent by or on behalf of the Consultant or its
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employees or sub-consultants, without the prior written consent of the City Manager.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit, examine,
and/ or inspect, any and all other documents and/or records relating to all matters covered by
this Agreement. Consultant shall maintain any and all such records at its place of business at
the address set forth in the"Notices" section of this Agreement.
10.2 INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis, perform
reviews, audits, inspections and investigations on all City contracts, throughout the
duration of said contracts. This random audit is separate and distinct from any other
audit performed by or on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
coqirees. f nd tczrtsa tans. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of witnesses and monitor
City projects and programs. Monitoring of an existing City project or program may
include a report concerning whether the project is on time, within budget and in
conformance with the contract documents and applicable law. The Inspector General
shall have the power to audit, investigate, monitor, oversee, inspect and review
operations, activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of the Consultant,
its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption. Pursuant to
Section 2-378 of the City Code, the City is allocating a percentage of its overall annual
contract expenditures to fund the activities and operations of the Office of Inspector
General.
(C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
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operations activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of the Consultant
its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and
records in the Consultant's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not limited
to original estimate files, change order estimate files, worksheets, proposals and
agreements from and with successful subcontractors and suppliers, all project-related
correspondence, memoranda, instructions, financial documents, construction
documents, (bid/proposal) and contract documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividends received, payroll and personnel records and supporting
documentation for the aforesaid documents and records.
(E) The Consultant shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Agreement, for examination, audit, or reproduction, until three (3)
years after final payment under this Agreement or for any longer period required by
statute or by other clauses of this Agreement. In addition:
If this Agreement is completely or partially terminated, the Consultant shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
ii. The Consultant shall make available records relating to appeals or to litigation or
the settlement of claims arising under or relating to this Agreement until such
appeals, litigation, or claims are finally resolved.
(F) The provisions in this section shall apply to the Consultant, its officers, agents,
employees, subcontractors and suppliers. The Consultant shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by the
Consultant in connection with the performance of this Agreement.
(G) Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by the Consultant or third parties.
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as
approved pursuant to this section, and any attempt to make such assignment (unless
approved)shall be void.
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10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes
with the City's Procurement Division.
10.5 NO DISCRIMINATION
In connection with the performance of the Services, the Consultant shall not exclude from
participation in, deny the benefits of, or subject to discrimination anyone on the grounds of
race, color, national origin, sex, age,disability, religion, income or family status.
Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, housing, public accommodations, and public
services on account of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, domestic partner status, labor organization membership, familial
situation, or political affiliation.
10.6 CONFLICT OF INTEREST
Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County
Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County
Code, as may be amended from time to time; and by the City of Miami Beach Charter and
Code, as may be amended from time to time; both of which are incorporated by reference as if
fully set forW herein.
Consular Y o:rbr: nt 1I et it i'r sently has no interest and shall not acquire any interest,
directly or indirectly, which could conflict in any manner or degree with the performance of the
Segues. Consultant further covenants that in the performance of this Agreement, Consultant
shall not employ any person having any such interest. No member of or delegate to the
Congress of the United States shall be admitted to any share or part of this Agreement or to
any benefits arising therefrom.
10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
(B) The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of official business of the City
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(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the
definition of"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized
by law, for the duration of the contract term and following completion of the
Agreement if the Consultant does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Consultant or keep and maintain public records
required by the City to perform the service. If the Consultant transfers all public
records to the City upon completion of the Agreement, the Consultant shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Consultant keeps and
maintains public records upon completion of the Agreement, the Consultant shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Consultant of the
request, and the Consultant must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
(2) Consultant's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or(3)avail itself of any available remedies at law or in equity.
(3) A Consultant who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Consultant to compel production of public records
relating to the City's contract for services, the court shall assess and award
against the Consultant the reasonable costs of enforcement, including
reasonable attorneys'fees, if:
a. The court determines that the Consultant unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the
Consultant has not complied with the request, to the City and to the
Consultant.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Consultant at the Consultant's address listed on its
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contract with the City or to the Consultant'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.
(3) A Consultant 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.
(F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOC7a,MIAMIBEACHFL.GOV
PHONE: 305-673-7411
10.8 FORCE MAJEURE
(A) A"Force Majeure" event is an event that(i) in fact causes a delay in the performance of
the Consultant or the City's obligations under the Agreement, and (ii) is beyond the
reasonable control of such party unable to perform the obligation, and (iii) is not due to
an intentional act, error, omission, or negligence of such party, and (iv) could not have
reasonably been foreseen and prepared for by such party at any time prior to the
occurrence of the event. Subject to the foregoing criteria, Force Majeure may include
events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include technological impossibility,
inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
(B) If the City or Consultant's performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediately,
upon learning of the occurrence of the event or of the commencement of any such delay,
but in any case within fifteen (15) business days thereof, provide notice: (i) of the
occurrence of event of Force Majeure, (ii) of the nature of the event and the cause
thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of
the delay, and (v) of what course of action such party plans to take in order to mitigate
the detrimental effects of the event. The timely delivery of the notice of the occurrence of
a Force Majeure event is a condition precedent to allowance of any relief pursuant to this
section; however, receipt of such notice shall not constitute acceptance that the event
claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of
the occurrence of a Force Majeure event shall be on the requesting party.
12
DocuSign Envelope ID:OA234FFE-D1C8-41E4-9B07-AOODF69A2C2E
Contract no.24-055-01
(C) No party hereto shall be liable for its failure to carry out its obligations under the
Agreement during a period when such party is rendered unable, in whole or in part, by
Force Majeure to carry out such obligations. The suspension of any of the obligations
under this Agreement due to a Force Majeure event shall be of no greater scope and no
longer duration than is required. The party shall use its reasonable best efforts to
continue to perform its obligations hereunder to the extent such obligations are not
affected or are only partially affected by the Force Majeure event, and to correct or cure
the event or condition excusing performance and otherwise to remedy its inability to
perform to the extent its inability to perform is the direct result of the Force Majeure
event with all reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event, causing the suspension of performance, shall not be excused as a result
of such occurrence unless such occurrence makes such performance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to
the Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force
Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend
the City's payment obligations under the Agreement, and may take such action without
regard to the notice requirements herein. Additionally, in the event that an event of
Force Majeure delays a party's performance under the Agreement for a time period
greater than thirty (30) days, the City may, at the sole discretion of the City Manager,
terminate the Agreement on a given date, by giving written notice to Consultant of such
termination. If the Agreement is terminated pursuant to this section, Consultant shall be
paid for any Services satisfactorily performed up to the date of termination; following
which the City shall be discharged from any and all liabilities, duties, and terms arising
out of, or by virtue of, this Agreement. In no event will any condition of Forco Majeure
extend this Agreement beyond its stated term.
10.9 E-VERIFY
(A) Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility"
("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify
Statute, commencing on January 1, 2021, Consultant shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees during
the Term of the Agreement. Additionally, Consultant shall expressly require any
subconsultant performing work or providing services pursuant to the Agreement to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subconsultant during the
contract Term. If Consultant enters into a contract with an approved subconsultant, the
subconsultant must provide the Consultant with an affidavit stating that the
subconsultant does not employ, contract with, or subcontract with an unauthorized
alien. Consultant shall maintain a copy of such affidavit for the duration of the
Agreement or such other extended period as may be required under this Agreement.
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Consultant has knowingly violated Section
13
DocuSign Envelope ID:0A234FFE-D1C8-41E4-9807-AOODF69A2C2E
Contract no.24-055-01
448.09(1), Florida Statutes, the City shall terminate this Agreement with
Consultant for cause, and the City shall thereafter have or owe no further
obligation or liability to Consultant.
(2) .If the City has a good faith belief that a subconsultant has knowingly violated the
foregoing Subsection 10.9(A), but the Consultant otherwise complied with such
subsection, the City will promptly notify the Consultant and order the Consultant
to immediately terminate the Agreement with the subconsultant. Consultant's
failure to terminate a subconsultant shall be an event of default under this
Agreement, entitling City to terminate the Consultant's contract for cause.
(3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in
breach of contract and may not be considered as such.
(4) The City or Consultant or a subconsultant may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsection (B)(1)or
(8)(2) no later than 20 calendar days after the date on which the contract was
terminated.
(5) If the City terminates the Agreement with Consultant under the foregoing
Subsection (B)(1), Consultant may not be awarded a public contract for at least 1
year after the date of termination of this Agreement.
(6) Consultant is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 10.9.
SECTION 11
NOTICES
Until changed by notice, in writing, all such notices and communications shall be addressed as
follows:
TO CONSULTANT: Brian D. Ballard
Ballard Partners, Inc.
601 13th Street, Suite 250S
Washington, DC 20005
Ph: 850-577-0444
Email: ballard@ballardpartners.com
TO CITY: Marcia Monserrat
City of Miami Beach
Office of the City Manager
1700 Convention Center Drive, 4'h Floor
Miami Beach, FL 33139
Ph: 305.673.7010
Email: marciamonserrat(a�miamibeachfl.clov
All notices mailed electronically to either party shall be deemed to be sufficiently transmitted.
SECTION 12
MISCELLANEOUS PROVISIONS
14
DocuSign Envelope ID:0A234FFE-D1C8-41E4-9B07-AOODF69A2C2E
Contract no.24-055-0I
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
12.3 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A party's waiver of any breach of a provision
of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Agreement.
12.4 JOINT PREPARATION
The parties hereto acknowledge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights
and obligations herein and that the preparation of this Agreement has been a joint effort of the
parties, the language has been agreed to by parties to express their mutual intent and the
resulting document shall not, solely as a matter of judicial construction, be construed more
severely against one of the parties than the other.
12.5 ENTIRETY OF AGREEMENT
The City and Consultant agree that this is the entire agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this Agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
15
DocuSign Envelope ID:0A234FFE-D1C8-41E4-9B07-A00DF69A2C2E
Contract no.24-055-01
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafael E. Granado, City Clerk ina T. Hudak, City Manager
Date: FEB 0 7 2024
__��,M\N,,,1
i !
FOR CONSULTANT: IIMfORP • s
ti,,,,
OAATEQ =
BALLARD ARTNERS, INC. H 26,�..--
APPROVED AS TO
By: k- FORM&LANGUAGE
&FOR EXECUTION
Brian D. Ballard, President r-
Print Name and Title' -' (L\9✓' O�
/'� City Attorney D to
Date: 01/18/2024
16
DocuSign Envelope ID:0A234FFE-D1 C8-41 E4-9B07-AOODF69A2C2E
Contract no.24-055-01
EXHBIT A
SCOPE OF SERVICES
The services generally include assistance and advice on legislation, policy, and regulations that
may impact the City, including but not limited to:
• Confer with the Mayor, City Commission, City Manager, City Attorney, and other City
personnel on all organizational planning and program activities which have a bearing on
the ability of the City to make the best use of federal programs;
• Travel to Miami Beach at least bi-annually to meet with City Commission and the City's
Executive Team;
• Maintain liaison with the City's Congressional delegation and assist with the delegation
in any matter which the City determines to be in its best interest;
• Counsel with the City regarding appearances by City personnel before Congressional
Committees and Federal Administrative agencies;
• Identify and notify the City in advance of opportunities such as grant opportunities and
funding availabilities, or changes in policies and regulations for transportation,
community and economic development, environment and resiliency, beach re-
nourishment, sargassum, algae blooms, infrastructure improvement, emergency
management, housing and urban development, homeless programs, intermodal
programs and any other areas of interest to the City;
• Review, identify, and monitor federal legislative, executive, and regulatory policy
changes or developments for the purpose of advising the City on those items which may
have a significant bearing on City policies, funding, and programs;
• Actively establish a strong identity and presence in Washington D.0 on behalf of the
City. This effort shall be reinforced by involvement in the political, regulatory actions on
behalf of this organization.
• Establish and maintain working relationships with the executive and legislative branches
of the federal government that will enhance the City's position with respect to financial
assistance applications, regulatory procedures, legislation, budget authorizations and
appropriations, and other areas of interest to the City;
• Consult with the City regarding any proposed formula changes in the Community
Development Block Grant or other major federal programs to determine their impact on
the City, and take the necessary steps as mutually agreed upon to bring changes in the
best interest of the City;
• Assist the City in any matter related to the Executive Branch of the Federal Government;
• The City's position on key legislative action shall be transmitted to Federal Legislature
and staff, as well as Committees and federal agencies (as appropriate) and other
interest groups. This may be accomplished through personal discussions with
congressional delegation, committee consultants and agency representatives, direct
lobbying of legislators, meeting with state agencies and other interest groups
represented at the State level, testifying at appropriate policy and fiscal committees and
agency hearings, orchestrating statements of legislators, prepare and send letters
notifying appropriate officials and agencies of the City's position and drafting
announcements. Design and implement a strategy, in consultation with the City staff that
raises the consciousness and awareness of issues relating to the City of Miami Beach
with congressional leaders and broadens and improves direct communication of City
staff with the Federal leadership;
• Submit a monthly report to the City's legislative affairs liaison to provide the latest
17
DocuSign Envelope ID:0A234FFE-D1C8-41E4-9807-AOODF69A2C2E
Contract no.24-055-01
information on issues of interest to the City, and submit an annual report of
accomplishments concerning the Consultant's responsibilities;
• Assist in implementing the City's federal legislative agenda.
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
18
DocuSign Envelope ID:0A234FFE-D1C8-41E4-9B07-AOODF69A2C2E
ATTACHMENT A
RESOLUTION&COMMISSION AWARD MEMO
DocuSign Envelope ID:0A234FFE-D1C8-41E4-9[307-AOODF69A2C2E
RESOLUTION NO! 2023-32841
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER, TO AUTHORIZE NEGOTIATIONS RELATING TO REQUEST
FOR QUALIFICATIONS NO. 2024-055-ND, FOR FEDERAL GOVERNMENTAL
CONSULTING; AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH BALLARD PARTNERS, INC., AS THE TOP RANKED
PROPOSER; FURTHER, IF THE ADMINISTRATION IS NOT SUCCESSFUL IN
NEGOTIATING AN AGREEMENT WITH BALLARD PARTNERS, INC.,
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH CONTINENTAL STRATEGY, LLC, AS THE SECOND RANKED
PROPOSER; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, on October 13, 2023, the City issued Request for Qualifications(RFQ)2024-
055-ND for Federal Governmental Consulting; and
WHEREAS, a voluntary pre-proposal meeting was held on October 20, 2023; and
WHEREAS, on November 3, 2023, the City received two (2) proposals from Ballard
Partners, Inc., and Continental Strategy, LLC; and
WHEREAS, on October 20, 2023, the City Manager, via Letter to Commission No. 475-
2023,appointed an Evaluation Committee consisting of the following individuals: Krystal Dobbins,
Grants Management Division Director, Finance Department, Joe Gomez, Director, Public Works
Department, Jose R. Gonzalez, Director, Transportation Department, Marcia Monserrat, Chief of
Legislative and External Affairs, Office of the City Manager, and Lindsey Precht, Assistant
Director, Environment and Sustainability Department; and
WHEREAS, the Evaluation Committee convened on November 15, 2023 to review and
score the proposals; and
WHEREAS, the Evaluation Committee received an overview of the project, information
relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general
information on the scope of services and a copy of each proposal; and
WHEREAS, the Evaluation Committee was instructed to score and rank each proposal
pursuant to the evaluation criteria established in the RFQ; and
WHEREAS, the Evaluation Committee process resulted in the ranking of proposers as
follows: Ballard Partners, Inc., as the top-ranked proposer; and Continental Strategy, LLC, as the
second-ranked proposer; and
WHEREAS, after reviewing all of the submissions and the Evaluation Committee's
rankings and analysis,the City Manager concurs with the Evaluation Committee and recommends
that the Mayor and City Commission authorize the Administration to enter into negotiations with
Ballard Partners, Inc., the top-ranked proposer; further, if the Administration is not successful in
negotiating an agreement with Ballard Partners, Inc., authorize the Administration to enter into
negotiations with Continental Strategy, LLC, as the second-ranked proposer; and further
DocuSign Envelope ID:0A234FFE-D1C8-41E4-9B07-AOODF69A2C2E
authorize the City Manager and City Clerk to execute an agreement upon conclusion of successful
negotiations by the Administration.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pursuant to Request For
Qualifications(RFQ)No.2024-055-ND for Governmental Consulting,authorize the Administration
to enter into negotiations with Ballard Partners, Inc., as the top-ranked proposer; further, if the
Administration is not successful in negotiating an agreement with Ballard Partners, Inc., authorize
the Administration to enter into negotiations with Continental Strategy, LLC,as the second-ranked
proposer; and further authorize the City Manager and City Clerk to execute an agreement upon
conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED this I3 day of DeCehtder 2023.
ATTEST:
•4
2
RAFAEL E. GRANADO, CITY CLERK • STEVEN MEINER, MAYOR
DEC 1 9 2023
.INP LO Gain
•
APPROVED AS TO ': •.
FORM &LANGUAGE a,!?CH 26,
&FOR EXECUTION
t ► d 11 — -24-- 2"3
City Attorney Wf Date
DocuSign Envelope ID:0A234FFE-D1C8-41E4-9B07-AOODF69A2C2E
Competitive Bid Reports-C2 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: December 13,2023
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER, TO AUTHORIZE NEGOTIATIONS RELATING TO
REQUEST FOR QUALIFICATIONS NO. 2024-055-ND, FOR FEDERAL
GOVERNMENTAL CONSULTING; AUTHORIZING THE ADMINISTRATION
TO ENTER INTO NEGOTIATIONS WITH BALLARD PARTNERS, INC., AS
THE TOP RANKED PROPOSER; FURTHER, IF THE ADMINISTRATION IS
NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH BALLARD
PARTNERS, INC.,AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH CONTINENTAL STRATEGY, LLC,AS THE SECOND
RANKED PROPOSER; AND FURTHER AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
RECOMMENDATION
It is recommended that the Mayor and City Commission approve the Resolution accepting the
City Manager's recommendation pertaining to the proposals received, pursuant to RFQ 2024-
055-ND,for Federal Govememental Consulting, and authorizing the Administration to enter into
negotiations with Ballard Partners, Inc.,as the top-ranked proposer. If the Administration is not
successful in negotiating an agreement with Ballard Partners, Inc.,authorizing the Administration
to enter into negotiations with Continental Strategy, LLC, as the second-ranked proposer.The
Resolution also authorizes the City Manager and City Cleric to execute an agreement upon the
conclusion of successful negotiations by the Administration.
The solicitation is currently under the cone of silence.
BACKGROUND/HISTORY
On February 1, 2018, the City executed an agreement with Ballard Partners, Inc. for federal
consulting services. The initial term of the agreement was three (3)years and included two (2)
one (1) year renewal options. All renewal options have been exercised, and the agreement will
expire on February 4, 2024.
As a result of the expiring contract, the RFQ was developed seeking responses from qualified
Page 24 of 1118
DocuSign Envelope ID:0A234FFE-D1C8-41E4-980/-A000F69A2C2E
firms or individuals interested in being considered to provide governmental consulting services,
including lobbying services, to represent the City's interests before the legislative and executive
branches of the Federal Government, including all federal agencies.
The services generally include assistance and advise on legislation, policy, and regulations that
may impact the City, including but not limited to:
Confer with the Mayor, City Commission, City Manager, City Attorney, and other
City personnel on all organizational planning and program activities that have a bearing on
the ability of the City to make the best use of federal programs;
Maintain liaison with the Citys Congressional delegation and assist with the
delegation in any matter which the City determines to be in its best interest;
Counsel with the City regarding appearances by City personnel before
Congressional Committees and Federal Administrative agencies;
Identify and notify the City in advance of opportunities such as grant opportunities
and funding availabilities, or changes in policies and regulations for transportation,
community and economic development, environment and resiliency, beach re-
nourishment, sargassum, algae blooms, infrastructure improvement, emergency
management, housing and urban development, homeless programs, intermodal
programs and any other areas of interest to the City;
Review, identify, and monitor federal legislative, executive, and regulatory policy
changes or developments to advise the City on those items that may have a significant
bearing on City policies,funding,and programs ;
Establish a strong identity and presence in Washington D.C. on behalf of the City
maintain working relationships with the executive and legislative branches of the federal
government that will enhance the City's position with respect to financial assistance
applications, regulatory procedures, legislation,budget authorizations and appropriations,
and other areas of interest to the City;
Design and implement a strategy, in consultation with the City staff, that raises the
consciousness and awareness of issues relating to the City of Miami Beach with
congressional leaders and broadens and improves direct communication of City staff
with the Federal leadership;
- Assist in implementing the City's federal legislative agenda.
ANALYSIS
On October 13, 2023, the City issued RFQ No. 2024-055-ND for federal governmental
consulting. The Procurement Department issued bid notes to 21,971 companies through the e-
procurement system, with 75 prospective bidders accessing the advertised solicitation A
voluntary pre-proposal conference to provide information to proposers submitting a response
was held on October 20, 2023. One (1)addendum was issued.. RFQ responses were due and
received on November 3,2023.The City received a total of two(2)proposals from the following
firms:Ballard Partners, Inc.,and Continental Strategy, LLC.
On October 20, 2023, the City Manager appointed the Evaluation Committee via LTC #475-
2023. The Evaluation Committee convened on November 15, 2023, to consider proposals
received. The Committee was comprised of Krystal Dobbins, Grants Management Division
Director, Finance Department, Joe Gomez, Director, Public Works Department, Jose R.
Gonzalez, Director, Transportation Department, Marcia Monserrat, Chief of Legislative and
External Affairs, Office of the City Manager, and Lindsey Precht, Assistant Director,
Environment and Sustainability Department. The Committee was provided an overview of the
project and information relative to the City's Cone of Silence Ordinance and the Government
Page 25 of 1118
DocuSign Envelope ID.0A234FFE-D1 C8-41 E4-9B07-AOODF69A2C2E
Sunshine Law. The Committee was also provided with general information on the scope of
services and a copy of each proposal. The Committee was instructed to score and rank each
proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process
resulted in the ranking of proposers as indicated in Attachment A.
The Evaluation Committee deemed Ballard Partners, Inc. the best-qualified firm to provide
governmental consulting services. The Evaluation Committee noted that Ballard Partners, Inc.
specializes in all governmental and public affairs aspects, including legislative advocacy and
administrative issues affecting executive agency decisions.The Evaluation Committee also
noted that Ballard Partners, Inc. has proposed to advance the City's projects, policies, and
programs at the federal level by developing an annual legislative agenda and annual budgetary
requests and facilitating meetings with key members of relevant committees, Iegislati",-e
leadership, agency officials, and other public office holders.
Continental Strategy, LLC, the second-ranked proposer, was also deemed by the Evaluation
Committee to be qualified in the event that negotiations with Ballard Partners, Inc. are
unsuccessful.
A summary of each top-ranked firm follows based on information provided by each firm:
Ballard Partners. Inc
Ballard Partners, Inc. (Ballard Partners),founded as a Florida Corporation in 1998, has been a
force in Florida politics and government for 25 years. Its' statewide presence consists of nine
offices in Tallahassee, Sarasota, Tampa, Jacksonville, Fort Lauderdale, Miami, Orlando, West
Palm Beach, and Fort Myers. The clients to which it provides federal legislative and executive
branch advocacy include but are not limited to Manatee County, the City of Pensacola, and the
City of Nashville.
Ballard Partners is the incumbent providing these services to the City, and the City has been
satisfied with its work and offered positive feedback.
.Ccntinental_Strategy,_LLO
Continental Strategy, LLC (Continental Strategy) is a new, rapidly expanding lobbying and
• :consulting firm with 13 lobbying professionals with over 100 years of combined experience in
• lobbying and strategic advising at every level of government, from the federal to the municipal
level. Continental Strategy has offices in Tallahassee, Washington, DC, Miami, and
Jacksonville_ Its clients include.but are not_limited to the City of West Miami, Miami Dade
College,and the Town of Miami Lakes •
• SUPPORTING SURVEY O..ATA. , ; , •
Not applicable • '.:: •
• FINANCIAL INFORMATION f. .; :
Fees will be established through the negotiation process. The estimated annual budget for .•• •
these services is $102,000. It is not anticipated that grant funding will be utilized for this contract.
Amount(s)/Account(s):
011-0310-000312-10-400-579-00-00-00 $102,000
CONCLUSION
Page 26 of 1118
DocuSign Envelope ID:OA234FFE-D1 C8-41 E4-9807-AOODF69A2C2E
Based on the foregoing, it is recommended that the Mayor and City Commission approve the
Resolution authorizing the Administration to enter into negotiations with Ballard Partners, Inc.,
the top-ranked proposer. If the Administration is not successful in negotiating an agreement with
Ballard Partners, Inc.,the Resolution authorizes the Administration to enter into negotiations with
Continental Strategy, LLC, as the second-ranked proposer. Finally, the Resolution authorizes
the City Manager and City Clerk to execute an agreement upon conclusion of successful
negotiations.
A moot) Area
Not Applicable
Is this a"Residents Right Does this item utilize Q.O.
to Know" item,_pw uant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Manager/Procurement
ATTACHMENTS:
Description
t Attachment A
n Resolution
•
•
•
•
•
•
•
•
•
•
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DocuSign Envelope ID:0A234FFE-D1C8-41E4-9B07-A00DF69A2C2E
ATTACHMENT B
ADDENDUM AND RFQ SOLICITATION
DocuSign Envelope ID:DA234FFE-D1C8-41E4-9B07-A00DF69A2C2E
M I AA I B EA'' H PROCUREMENT DEPARTMENT
1755 Meridian Avenue,3rd Floor
Miami Beach,Florida 33139
www.miamibeachfl.gov
ADDENDUM NO. 1
Request for Qualifications(RFQ)No. 2024-055-ND
Federal Governmental Consulting
October 16,2023
This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or
other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only(deletions
are shown by strikethrough and additions are underlined).
I. REVISION: RFQ DUE DATE AND TIME. The deadline for the electronic receipt of bids has been modified
due to an inadvertent error. The revised deadline for the electronic receipt of bids is 3:00 pm, on Friday,
November 3, 2023.
All bids received and time stamped through BidSync, prior to the bid submittal deadline shall be accepted as
timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids
received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of
bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan
sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any
other occurrence.
II. REVISION: PRE-PROPOSAL MEETING DATE AND TIME has been modified due to an inadvertent error.
The revised pre-proposal meeting date and time is 10 a.m.,on Friday,October 20,2023.
III. REVISION: RECEIPT OF QUESTIONS DUE DATE AND TIME. The deadline for receipt of questions has
been modified due to an inadvertent error. The revised deadline for receipt of questions is 5:00 pm, on
Tuesday,October 24,2023.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the
attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov
Contact: Telephone: Email: s 1
Natalia Delgado 305-673-7000 ext.26263 nataliadelgado@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission.
Sincerely,
Z7$ta.
Natalia Delgado
Procurement Contracting Officer III
ADDENDUM NO.1
Request for Qualifications(RFQ)No 2024-055-ND
Federal Governmental Consulting
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Request for Qualifications (RFQ)
2024-055-ND
Federal Governmental Consulting
TABLE OF CONTENTS
SOLICITATION SECTIONS:
0100 INSTRUCTIONS TO RESPONDENTS
0200 GENERAL CONDITIONS
0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT
0400 PROPOSAL EVALUATION
APPENDICES:
APPENDIX A SPECIAL CONDITIONS
APPENDIX B INSURANCE REQUIREMENTS
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SECTION 0100 INSTRUCTIONS TO RESPONDENTS&GENERAL CONDITIONS
1.GENERAL.This Request for Qualifications(RFQ)is issued by the City of Miami Beach, Florida(the"City"), as the
means for prospective Proposers to submit proposals for the City's consideration in evaluating qualifications to select
a firm with whom it may negotiate an agreement for the purpose noted herein.
The City utilizes Periscope S2G(formerly known as BidSync)(www.periscor eholdings.com or www.bidsync.com)for
automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any
addendum to this RFQ. Any prospective Proposer who has received this RFQ by any means other than through
Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this RFQ.
Failure to receive an addendum may result in disqualification of proposal submitted.
2. BACKGROUND On February 1, 2018,the City of Miami Beach("City")executed an agreement,for three(3)years
with two (2), and one(1)year renewal options,for the federal government consulting services with Ballard Partners,
Inc. The agreement is currently set to expire on February 4, 2024. In order to receive proposals to establish a
replacement agreement,the Administration has issued this RFQ.
3. PURPOSE. The City of Miami Beach requests proposals from qualified firms or individuals to provide consulting
and lobbying services to represent the City's interests before all the Legislative and Executive branches of the Federal
Government, and all federal agencies. The selected bidder shall be expected to assist and advise the City in the
identification and analysis of legislation,policy,and regulations that may impact the City.Lobbying efforts may include
(but not necessarily limited to)influencing actions,decisions,and legislation; identifying and seeking revenue sources
available to local governments; and, assisting the City in identifying, applying for and receiving competitive grants,
earmarks, and other discretionary funding, which may include (but not be limited to) the following areas of funding:
transportation; community and economic development; the environment; beach re-nourishment; infrastructure
improvements; hurricane and disaster recovery efforts; housing and urban development; homeless programs;
homeland security; and any other areas of interest to the City.
3.1. Minimum Requirements. In order to ensure that the City's interests are best representiati bftre
all federal agencies,bidders are required to provide proof of compliance with the following minimum
requirements. Bidders that do not provide proof of compliance with the following minimum
requirements shall be deemed non-responsive and shall have its proposal disqualified. Regarding
matters of compliance,the city manager's or city attorney's sole discretion shall prevail.
3.1.1 The Bidder or a principal of the Bidder shall provide proof of having been awarded at least three(3)
federal lobbying services contracts by a municipality, county, or other form of local government or
public entity within the last ten(10)years. As proof of compliance,the following is required for each
contract: 1) client name, 2) contact individual name & title, 3) address, 4) telephone, 5) contact's
email,6)narrative on scope of services provided;7)contract dates(start and end).
3.1.2 The Bidder must have a permanent office in the Washington D.C. metropolitan area. As proof of
compliance,evidence in the form of a lease or other evidentiary document documenting a permanent
office in the Washington D.C. metropolitan area is required.
Bidders are advised that, pursuant to Section 2-485.2 of the City Code,the selected lobbyist shall be prohibited from
lobbying any City officer or staff member on behalf of a third party during the term if its agreement with the City. As
such, firms lobbying any City Officer or staff member on behalf of a third party are precluded from submitting
statements of qualifications pursuant to this RFQ.
3.2 Interested Parties. Interested parties are invited to submit proposals in accordance with Section 0300. In
accordance with the instructions of Section 0300, interested parties should provide detailed information that
demonstrates their experience in providing consulting and lobbying services. Responsive proposals will be
evaluated in accordance with Section 0400.
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4.STATEMENT OF WORK REQUIRED.The City of Miami Beach requests statements of qualifications from qualified
firms or individuals to provide consulting and lobbying services on the City's behalf and in representing the City before
all federal agencies in Washington, D.C.
The services generally include assistance and advise on legislation, policy, and regulations that may impact the City,
including but not limited to:
• Confer with the Mayor, City Commission, City Manager, City Attorney, and other City personnel on all
organizational planning and program activities which have a bearing on the ability of the City to make the best
use of federal programs;
• Travel to Miami Beach at least bi-annually to meet with City Commission and the City's Executive Team;
• Maintain liaison with the City's Congressional delegation and assist with the delegation in any matter which
the City determines to be in its best interest;
• Counsel with the City regarding appearances by City personnel before Congressional Committees and
Federal Administrative agencies;
• Identify and notify the City in advance of opportunities such as grant opportunities and funding availabilities,
or changes in policies and regulations for transportation,community and economic development,environment
and resiliency, beach re-nourishment, sargassum, algae blooms, infrastructure improvement, emergency
management, housing and urban development, homeless programs, intermodal programs and any other
areas of interest to the City;
• Review, identify, and monitor federal legislative, executive, and regulatory policy changes or developments
for the purpose of advising the City on those items which may have a significant bearing on City policies,
funding, and programs;
• Consultant shall actively establish a strong identity and presence in Washington D.C. on behalf of the City.
This effort shall be reinforced by involvement in the political, regulatory actions on behalf of this organization.
Establish and maintain working relationships with the executive and legislative branches of the federal
government that will enhance the City's position with respect to financial assistance applications, regulatory
procedures, legislation, budget authorizations and appropriations,and other areas of interest to the City;
• Consult with the City regarding any proposed formula changes in the Community Development Block Grant
or other major federal programs to determine their impact on the City, and take the necessary steps as
mutually agreed upon to bring changes in the best interest of the City;
• Upon request of the City, assist the City in any matter related to the Executive Branch of the Federal
Government;
• The City's position on key legislative action shall be transmitted to Federal Legislature and staff, as well as
Committees and federal agencies (as appropriate) and other interest groups. This may be accomplished
through personal discussions with congressional delegation, committee consultants and agency
representatives, direct lobbying of legislators, meeting with state agencies and other interest groups
represented at the State level, testifying at appropriate policy and fiscal committees and agency hearings,
orchestrating statements of legislators, prepare and send letters notifying appropriate officials and agencies
of the City's position and drafting announcements. Design and implement a strategy, in consultation with the
City staff that raises the consciousness and awareness of issues relating to the City of Miami Beach with
congressional leaders and broadens and improves direct communication of City staff with the Federal
leadership;
• Submit a monthly report to the City's legislative affairs liaison to provide the latest information on issues of
interest to the City, and submit an annual report of accomplishments concerning the Consultant's
responsibilities;
• Assist in implementing the City's federal legislative agenda.
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5.ANTICIPATED RFQ TIMETABLE.The tentative schedule for this solicitation is as follows:
RFQ Issued October 13, 2023
Pre-Proposal Meeting October 25,2023,at 10:00 am ET
Join on your computer or mobile app
caik,�
Or call in (audio only)
+1 786-636-1480 United States, Miami
Phone Conference ID:735 662 867#
Deadline for Receipt of Questions November 13, 2023,at 5:00 pm ET
Responses Due November 27, 2023, at 3:00 pm ET
Join on your computer or mobile app
Click here to join the meeting
Or call in(audio only)
+1 786-636-1480 United States, Miami
Phone Conference ID:402 444 441#
Evaluation Committee Review TBD
Tentative Commission Approval TBD
Contract Negotiations Following Commission Approval
6. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact: Telephone' Email:
Natalia Del•ado 305-673-7490 nataliadel.ado• miamibeachfl..ov
Additionally,the City Clerk is to be coded on all communications via e-mail at: RafaelGranado• miamibeachfl.•ov;
or via facsimile: 786-394-4188.
The Proposal title/number shall be referenced on all correspondence. All questions or requests for clarification must
be received no later than ten(10)calendar days prior to the date proposals are due as scheduled in Section 0100-5.
All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
7. PRE-PROPOSAL MEETING OR SITE VISIT(S). A pre-proposal meeting or site visit(s) may be scheduled.
Attendance for the pre-proposal meeting shall be via web conference and recommended as a source of information
but is not mandatory. Proposers interested in participating in the Pre-Proposal Meeting must follow these steps:
Join on your computer or mobile app
Click here to loin the meeting,
Or call in (audio only)
+1 786-636-1480 United States, Miami
Phone Conference ID: 735 662 867#
Proposers who are participating should send an e-mail to the contact person listed in this RFQ expressing their intent
to participate.
8. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda
clarifications considered necessary by the City in response to questions.Only questions answered by written addenda
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will be binding and may supersede terms noted in this solicitation.Addendum will be released through Periscope S2G.
Any pospective proposer who has received this RFQ by any means other than through Periscope S2G must register
immediately with Periscope S2G to assure it receives any addendum issued to this RFQ. Failure to receive an
addendum may result in disqualification of proposal. Written questions should be received no later than the date
outlined in the Anticipated RFQ Timetable section.
9. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the
City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be
subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of
such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement
Contact named herein with a copy to the City Clerk at rafaelgranado a(..miamibeachfl.eov
10. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to
require additional information from Proposers (or Proposer team members or sub-consultants) to determine:
qualifications(including, but not limited to, litigation history, regulatory action, or additional references); and financial
capability(including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each
of their last two complete fiscal years).
11. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements,and/or
failure to make such evaluations,investigations,and examinations,will not relieve the Proposer from any obligation to
comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis
for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer.
12.DETERMINATION OF AWARD.The City Manager may appoint an evaluation committee to assist in the evaluation
of proposals received.The evaluation committee is advisory only to the city manager.The city manager may consider
the information provided by the evaluation committee process and/or may utilize other information deemed
relevant. The City Manager's recommendation need not be consistent with the information provided by the evaluation
committee process and takes into consideration Miami Beach City Code Section 2-369, including the following
considerations:
(1)The ability,capacity and skill of the Proposer to perform the contract.
(2)Whether the Proposer can perform the contract within the time specified,without delay or
interference.
(3)The character, integrity, reputation,judgment,experience and efficiency of the Proposer.
(4)The quality of performance of previous contracts.
(5)The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Manager may recommend to the City Commission the Proposer(s)s/he deems to be in the best interest of
the City or may recommend rejection of all proposals. The City Commission shall consider the City Manager's
recommendation and may approve such recommendation. The City Commission may also, at its option, reject the
City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of
the City,or it may also reject all Proposals.
13.NEGOTIATIONS. Following selection,the City reserves the right to enter into further negotiations with the selected
Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected
Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by
Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an
Agreement has been agreed to; approved by the City; and executed by the parties.
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14. E-VERIFY. As a contractor you are obligated to comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility."Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall
expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize
the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the Contract term.
15. PERISCOPE S2G (FORMERLY BIDSYNC). The Procurement Department utilizes Periscope S2G, Supplier-to-
Government electronic bidding (e-Bid) platform. If you would like to be notified of available competitive solicitations
released by the City you must register and complete your vendor qualifications through Periscope S2G, Supplier-to-
Govemment www.bidsync.com/Miami-Beach. Registration is easy and will only take a few minutes. For detailed
instructions on how to register, complete vendor qualifications and submit electronic bids visit
https://www.mia m ibeach fl.qov/city-ha I l/procu re me ntifor-a pprova I-how-to-become-a-ve ndor/.
Should you have any questions regarding this system or registration, please visit the above link or contact Periscope
S2G, Supplier-to-Government at support a(�bidsync.com or 800.990.9339,option 1,option 1.
16. HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF SERVICE (VSS). In addition to
registering with Periscope S2G, the City encourages vendors to register with our online Vendor Self- Service web
page, allowing City vendors to easily update contacts, attachments (W-9), and commodity information. The Vendor
Self-Service(VSS)webpage(https://selfservice.miamibeachfl.qov/vss/Vendors/default.aspx)will also provide you with
purchase orders and payment information.
Should you have any questions and/or comments, do not hesitate to submit them to
vendorsupport aa..miamibeachfl.gov.
17. SUPPLIER DIVERSITY. In an effort to increase the number and diversity of supplier options in the procurement
of goods and services, the City has established a registry of LGBT-owned businesses, as certified by the National
LGBT Chamber of Commerce(NGLCC)and small and disadvantaged businesses,as certified by Miami-Dade County.
See authorizing resolutions here.
If your company is certified as an LGBT-owned business by NGLCC, or as a small or disadvantaged business by
Miami-Dade County, click on the link below to be added to the City's supplier registry(Vendor Self-Service) and bid
system(Periscope S2G,Supplier-to-Government).These are two different systems and it is important that you register
for both.
Click to see acceptable certification and to register: https://www.miamibeachfl.gov/city-hall/procurement/how-to-
become.a-vendor/.
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SECTION 0200 GENERAL CONDITIONS
FORMAL SOLICITATIONS TERMS & CONDITIONS - GOODS AND SERVICES. By virtue of submitting a proposal
in response to this solicitation,proposer agrees to be bound by and in compliance with the Terms and Conditions for
Services(dated 10.27.2022), incorporated herein,which may be found at the following link:
https://www.miamibeach fl.gov/city-hal I/procurement/standard-terms-and-conditions/
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SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1.ELECTRONIC RESPONSES(ONLY).Proposals must be submitted electronically through Periscope S2G(formerly
BidSync) on or before the date and time indicated. Hard copy proposals or proposals received through email or
facsimile are not acceptable and will be rejected.
A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the
deadline for proposal submittals.The City will only consider the latest version of the bid.
Electronic proposal submissions may require the uploading of attachments. All documents should be attached as
separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded
documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to assure that its bid,including
all attachments,is uploaded successfully.
Only proposal submittals received, and time stamped by Periscope S2G (formerly BidSync) prior to the proposal
submittal deadline shall be accepted as timely submitted. Late bids cannot be submitted and will not be accepted.
Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments. Any technical
issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990-9339 (toll free) or
S2G(a.periscopeholdings.com.The City cannot assist with technical issues regarding submittals and will in no way be
responsible for delays caused by any technical or other issue.
It is the sole responsibility of each Bidder to ensure its proposal is successfully submitted in BidSync prior
to the deadline for proposal submittals.
2. NON-RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non-
responsiveness. Non-responsive proposals will not be considered.
1. Bid Submittal Questionnaire(submitted electronically).
2. Failure to comply with the Minimum Eligibility Requirements.
3.OMITTED OR ADDITIONAL INFORMATION. Failure to complete and submit the Bid Submittal Questionnaire
(submitted electronically) with the bid and by the deadline for submittals shall render a proposal non-
responsive. With the exception of the Bid Submittal Questionnaire(completed and submitted electronically),the City
reserves the right to seek any omitted information/documentation or any additional information from Proposer or other
source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant
individuals, client information, financial information, or any information the City deems necessary to evaluate the
capacity of the Proposer to perform in accordance with contract requirements. Failure to submit any omitted or
additional information in accordance with the City's request shall result in proposal being deemed non-responsive.
4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist
the Evaluation Committee in review of proposals,it is strongly recommended that proposals be organized and tabbed
in accordance with the tabs,and sections as specified below.The electronic submittal should be tabbed as enumerated
below and contain a table of contents with page references. The electronic proposal shall be submitted through the
"Line Items"attachment tab in Periscope S2G.
TAB 1 Cover Letter,Table of Contents,and Minimum Qualification Requirement
1.1 Cover Letter and Table of Contents. The table of contents should indicate the tabs, sections with tabs and
page numbers to facilitate the evaluation committee's review. The cover letter must be signed by a principal or
agent able to bind the firm.
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1.2 Minimum Requirements. In order to ensure that the City's interests are best represented before all
federal agencies, bidders are required to provide proof of compliance with the following minimum
requirements. Bidders that do not provide proof of compliance with the following minimum
requirements shall be deemed non-responsive and shall have its proposal disqualified. Regarding
matters of compliance,the city manager's or city attorney's sole discretion shall prevail.
1.2.1 The Bidder or a principal of the Bidder shall provide proof of having been awarded at least three (3)
federal lobbying services contracts by municipality, county or other form of local government or public
entity within the last ten(10)years. As proof of compliance,the following is required for each contract:
1) client name, 2) contact individual name & title, 3) address, 4) telephone, 5) contact's email, 6)
narrative on scope of services provided; 7)contract dates(start and end).
1.2.2 The Bidder must have a permanent office in the Washington D.C. metropolitan area. As proof of
compliance, evidence in the form of a lease or other evidentiary document documenting a permanent
office in the Washington D.C.metropolitan area is required.
TAB 2 Ex'erience and Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant
experience and proven track record of providing the scope of services similar as identified in this solicitation,
including experience in providing a similar scope of services to public sector agencies. For each project or client
that the proposer submits as evidence of similar experience,the following is required: project description, agency
name, agency contact,contact telephone&email, and year(s)and term of engagement.
2.2 Qualifications of Proposer Team.Provide an organizational chart of all personnel to be used for this project if
awarded, the role that each team member will play in providing the services detailed herein, and each team
member's qualifications. A resume of each individual, including education, experience, and any other pertinent
information, shall be included for each respondent team member to be assigned to this contract.
2.2.1 Lead Lobbyist. Identify the lead lobbyist and submit detailed information for the proposed lead lobbyist
assigned to the Contract and attach a resume.
2.3 Major Achievements. Provide detailed information regarding any major achievement(s)the proposing firm or
a member of its team may have had in successfully achieving the goals of its public sector client(s)with regard to
legislation and funding(as applicable)in the following areas:transportation;community and economic development;
environmental projects;beach re-nourishment;infrastructure improvements;hurricane and disaster recovery efforts;
housing and urban development; homeless programs;or, homeland security.
Note:This section requests that Proposer submit actual prior experience only.
TAB 3 Approach and Methodology
Submit detailed information on the approach and methodology proposed in its efforts on behalf of the City to
accomplish the desired goals of this solicitation, including detailed information,as applicable,which addresses,but
need not be limited to:how the proposer plans to represent the City before all federal agencies in Washington,D.C.,
which may have bearing on the ability of the City to make the best use of federal programs such as grant
opportunities and funding availability for transportation, community and economic development, environmental
matters, beach re-nourishment, infrastructure improvement, hurricane recovery efforts, housing and urban
development, homeless programs, homeland security and any other areas that proposers believes may be of
interest to the City
Note: The information to be submitted in this section differs from the prior experience requested in Tab 2. In this
section Proposer should address its plan(s)to achieve the stated goals.
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SECTION 0400 PROPOSAL EVALUATION
1. EVALUATION COMMITTEE. An Evaluation Committee, appointed by the City Manager, may
meet to evaluate each Proposal in accordance with the qualitative criteria set forth below. In doing
so,the Evaluation Committee may review and score all proposals received,with or without requiring
presentations. It is important to note that the Evaluation Committee is advisory only and does not
make an award recommendation to the City Manager or the City Commission. The City Manager
will utilize the results to take one of the following actions:
a. In the event that only one responsive proposal is received, the City Manager, after
determination that the sole responsive proposal materially meets the requirements of
the RFQ, may, without an evaluation committee, recommend to the City Commission
that the Administration enter into negotiations;or
b. The City Manager may recommend that the City Commission authorize negotiations or
award a contract to one or more firms in accordance with Section 0100,Sub-section 12;
or
c. The City Manager may Recommend that the City Commission short-list one or more
firms for further consideration by the Evaluation Committee;or
d. The City Manager may recommend to the City Commission that all firms, if more than
one(1)responsive submittal is received, be rejected.
2.PRESENTATIONS BY SHORT-LISTED FIRMS. If a short-listing of firms responding to this RFQ
is approved, the short-listed firms may be required to make presentations to and be interviewed by
the Evaluation Committee.In further considering the short-listed firms,the Evaluation Committee will
utilize the criteria set forth in Sub-section 4 below.
3. TECHNICAL ADVISORS. The City, at its discretion, may utilize technical or other advisers to
assist the evaluation committee or the City Manager in evaluating proposals.
4. EVALUATION CRITERIA. Responsive, responsible proposals will be evaluated in accordance
with the following criteria:
Qualitative Criteria Maximum Points
(Points Assigned b Evaluation Committee
Experience&Qualifications 60
Approach &Methodology 40
TOTAL AVAILABLE POINTS for Qualitative Criteria 100
Quantitative Criteria Maximum Points
(Points Assigned by Procurement Department)
Veteran's Preference Points 5
TOTAL AVAILABLE POINTS for Qualitative and 105
Quantitative
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5. QUALITATIVE CRITERIA. The Evaluation Committee shall review responsive, responsible
proposals and assign points for the qualitative factors only. The Evaluation Committee shall not
consider quantitative factors (e.g. veteran's preference) in its review of proposals. The Evaluation
Committee shall act solely in an advisory capacity to the City Manager. The results of the Evaluation
Committee process do not constitute an award recommendation. The City Manager may utilize, but
is not bound by,the results of the Evaluation Committee process,as well as consider any feedback
or information provided by staff, consultants or any other third-party in developing an award
recommendation in accordance with Section 0100, Sub-section 10. In its review of proposals
received,the Evaluation Committee may review and score all proposals,with or without conducting
interview sessions, in accordance with the evaluation criteria.
6. Quantitative Criteria. Following the results of the evaluation of the qualitative criteria by the
Evaluation Committee, the Proposers may receive additional points, to be added by City staff.
Veterans'Preference points will be assigned in accordance with Section 2-374 of the City Code.
7. DETERMINATION OF FINAL RANKING. The sum of the evaluation criteria points will be
converted to rankings in accordance with the example below:
Proposer A Proposer B Proposer C
Qualitative Points 82 74 80
Committee Quantitative Points 10 5 0
Member 1 Total 92 79 80
Rank 1 3 2
Qualitative Points 82 85 72
Committee Quantitative Points 10 5 0
Member 2 Total 92 90 72
Rank 1 2 3
Qualitative Points 90 74 66
Committee Quantitative Points 10 5 0
Member 2 Total 100 79 66
Rank 1 2 3
Low Aggregate Score 3 7 8
Final Ranking' 1 2 3
It is important to note that the results of the proposal evaluation process in accordance with Section
0400 does not represent an award recommendation. The City Manager will utilize the results of the
proposal evaluation process,and any other information he deems appropriate,to develop an award
recommendation to the City Commission,which may differ from the results of the proposal evaluation
process and final rankings.
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APPENDIX A
A
jtlk
Special Conditions
2024-055-ND
FEDERAL GOVERNMENTAL
CONSULTING
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
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1. TERM OF CONTRACT. The term of the Agreement resulting from this RFQ shall be for an initial
term of three(3)years.
2. OPTION TO RENEW. The City,through its City Manager,will have the option to extend for one
(1)two-year renewal term at the City Manager's sole discretion.The successful contractor shall
maintain, for the entirety of any renewal period, the same cost,terms, and conditions included
within the originally awarded contract. Continuation of the contract beyond the initial period,and
any option subsequently exercised, is a City prerogative, and not a right of the successful
contractor.
3. COST ADJUSTMENTS. On or about the anniversary of each contract year,the contractor may
request, and the city manager may approve, a cost adjustment based on documented cost
increases for the following contract year. Cost adjustments should be limited to changes in the
applicable Bureau of Labor Statistics index for the local region or other verifiable evidence of
price increases.The Contractor's adjustment request must substantiate the requested increase.
The City of Miami Beach, through its city manager, reserves the right to approve a requested
adjustment or may terminate the agreement and readvertise for bids for the goods or services.
4. CHANGE OF PROJECT MANAGER/LEAD LOBBYIST/ACCOUNT REPRESENTATIVE. A
change in key personnel by the awarded firm shall be subject to the prior written approval of the
City Manager or his designee,which will not be unreasonably withheld. Replacement(including
reassignment)of an approved project manager or public information officer shall not be made
without submitting a resume for the replacement staff person and receiving prior written approval
of the City Manager or his designee(i.e.the City project manager).
5. SUB-CONSULTANTS. The Consultant shall not retain, add, or replace any sub-consultant
without the prior written approval of the City Manager, in response to a written request from the
Consultant stating the reasons for any proposed substitution. Any approval of a sub-consultant
by the City Manager shall not in any way shift the responsibility for the quality and acceptability
by the City of the services performed by the sub-consultant from the Consultant to the City. The
quality of services and acceptability to the City of the services performed by sub-consultants
shall be the sole responsibility of Consultant.
6. PROHIBITED LOBBYING ACTIVITIES.Pursuant to Section 2-485.2 of the City Code,by virtue
of submitting a bid, bidder agrees that any person or entity retained as a lobbyist by the city is
prohibited from lobbying any city officer,departmental personnel or employee in connection with
any judicial or other proceeding, application, RFP, RFO, RFLI, bid, request for ruling or other
determination, contract or controversy on behalf of any third party for the length of the contract
or other agreement between the lobbyist and the city.
DocuSign Envelope ID:0A234FFE-D1C8-41E4-9B07-AOODF69A2C2E
MIAMI BEACH
APPENDIX B
M I A AA I E AC H
Insurance Requirements
2024-055-N D
FEDERAL GOVERNMENTAL
CONSULTING
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
DocuSign Envelope ID:0A234FFE-D1C8-41E4-9B07-AOODF69A2C2E
M IAM I BEACH
INSURANCE REQUIREMENTS
The vendor shall maintain the below required insurance in effect prior to awarding the contract and
for the duration of the contract. The maintenance of proper insurance coverage is a material element
of the contract and failure to maintain or renew coverage may be treated as a material breach of the
contract,which could result in withholding of payments or termination of the contract.
A. Workers' Compensation Insurance for all employees of the Contractor as required
by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no
less than$1,000,000 per accident for bodily injury or disease.Should the Contractor
be exempt from this Statute,the Contractor and each employee shall hold the City
harmless from any injury incurred during performance of the Contract. The exempt
contractor shall also submit(i)a written statement detailing the number of employees
and that they are not required to carry Workers'Compensation insurance and do not
anticipate hiring any additional employees during the term of this contract or(ii) a
copy of a Certificate of Exemption.
B. Commercial General Liability Insurance on an occurrence basis, including products
and completed operations, property damage, bodily injury and personal &
advertising injury with limits no less than$1,000,000 per occurrence,and$2,000,000
general aggregate.
C. Automobile Liability Insurance covering any automobile, if vendor has no owned
automobiles,then coverage for hired and non-owned automobiles,with limit no less
than$1,000,000 combined per accident for bodily injury and property damage.
D. Professional Liability(Errors&Omissions)Insurance appropriate to the Consultant's
profession, with limit no less than$1,000,000.
Additional Insured-City of Miami Beach must be included by endorsement as an additional insured
with respect to all liability policies(except Professional Liability and Workers'Compensation)arising
out of work or operations performed on behalf of the contractor including materials, parts, or
equipment furnished in connection with such work or operations and automobiles owned, leased,
hired or borrowed in the form of an endorsement to the contractor's insurance.
Notice of Cancellation-Each insurance policy required above shall provide that coverage shall not
be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance
Services.
Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to affect
the waiver of subrogation on the coverages required. However,this provision applies regardless of
whether the City has received a waiver of subrogation endorsement from the insurer.
Acceptability of Insurers—Insurance must be placed with insurers with a current A.M. Best rating
of A:VII or higher. If not rated,exceptions may be made for members of the Florida Insurance Funds
(i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do
insurance business in the State of Florida.
DocuSign Envelope ID:0A234FFE-D1 C8-41 E4-9B07-AOODF69A2C2E
MIAMI BEACH
Verification of Coverage—Contractor shall furnish the City with original certificates and amendatory
endorsements, or copies of the applicable insurance language, effecting coverage required by this
contract. All certificates and endorsements are to be received and approved by the City before work
commences. However,failure to obtain the required documents prior to the work beginning shall not
waive the Contractor's obligation to provide them. The City reserves the right to require complete,
certified copies of all required insurance policies, including endorsements, required by these
specifications,at any time.
CERTIFICATE HOLDER MUST READ:
City of Miami Beach
c/o Exigis Insurance Compliance Services
P.O. Box 947
Murrieta,CA 92564
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent,
EXIGIS,at:
Certificates-miamibeachla7riskworks.com
Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage,
or other special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation
under this section or under any other section of this agreement.
Balance of Page Intentionally Left Blank
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ATTACHMENT C
SUNBIZ & PROPOSAL RESPONSE TO RFQ
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DRVIslON OF CORPORATIONS
VrZif
.r l � r r t/ rl • r r r r t
to Wilma.7ittie of Rotole=t'. t.
Do(jy ai-ient of State / Divi4lon of GwR4a4.42r5 / Scarch$gcotik / Search by FEElPiliiiffitgi
Detail by FEI/EIN Number
Florida Profit Corporation
BALLARD PARTNERS, INC.
Filing Information
Document Number P98000025501
FEI/EIN Number 59-3499504
Date Filed 03/18/1998
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 08/08/2011
Event Effective Date NONE
Principal Address
201 EAST PARK AVENUE,
5TH FLOOR
TALLAHASSEE, FL 32301
Changed: 12/11/2017
Mailing Address
201 EAST PARK AVENUE,
5TH FLOOR
TALLAHASSEE,PL22161
Changed: 12/11/2017
Rggistered Agent Name&Address
BALLARD,BRIAN D
201 EAST PARK AVENUE,
5TH FLOOR
TALLAHASSEE, FL 32301
Name Changed:05/01/2003
Address Changed: 01/18/2018
Officer/Director Detail
Name&Address
Title President
DocuSign Envelope ID:0A234FFE-D1C8-41E4-9B07-AOODF69A2C2E
BALLARD,BRIAN D
201 EAST PARK AVENUE, •
5TH FLOOR
TALLAHASSEE, FL 32301
Title Executive Secretary
Crawley, Shanna
201 EAST PARK AVENUE,
5TH FLOOR
TALLAHASSEE, FL 32301
Annual_Reports
Report Year Filed Date
2021 01/22/2021
2022 01/28/2022
2023 01/06/2023
Document Image,
01/06/2023--ANNUAL REPORT View image in PDF tormat
01/28/2022--ANNUAL REPORT View image in PDF format
01172/2021--ANNUALREPORT View Image In PDF format
0z njyQ ( /1[JN�i_q_(_F2 EQRI View image in PDF format
01/24/2019--ANNUAL REPORT View image in PDF format
01/18/2Q10--ANNUAL REPORT View image in PDF format
01/09/•'017-ANNUAL REPORT View image in PDF format
01/26/2018-ANNUAL REPORT View image in PDF format
01/1212015--ANNUAL REPORT View image in PDF format
01/15/2014--ANNUAL REPORT View image in PDF format
0111120014--Of81Dir ResignaUnrl View image in POE format
02/12)2013--ANNUAL REPORT View image in PDF format
02/10;2012--ANNUAL REPORT View image in PDF format
08/08/2011-Amendment View Image in PDF format
06/30/201 I--Amendment and Namo-Change View image in PDF format
00/30/2011--Otf/Dif Resignation View image in PDF format
01/18/2011--ANNUAL REPORT View image In PDF format
0.211.0[20.10_EVNNUAL REPORT View Image in PDF format
01/07/2009--ANNUAL REPORT View image in PDF format
01f I11200S-ANNUAL REPOR_f View image in PDF format
02/082007--ANNUAL REPORT View image in PDF format
02/09/2006-ANNUAL REPORT View image in PDF format
11122taQ2:Z--ANN.UA1:-ii.EF.QRT View image in PDF format
02/17/2004--ANNUAL REPORT View image in PDF format
Q 7/2003 meedmett.Ae-d4toe_len a View image in PDF format •
0fi1012003-ANNUAL REPORT View image in PDF format
SA1/12/2002--Name Qiiings; View Image In PDF format
DocuSign Envelope ID:0A234FFE-D1C6-41E4-9607-A000F69A2C2E
08/12/2002--OIUDir Resignation View image in PDF format
Qg!aas292- mtt,lALB;E RI. View image in PDF format
04/30/2001- ANNUAL REPORT View image in PDF format
--ANNUAL REfS)BI View image in PDF format
92/2711090--ANNUAL REPO/1 View image in PDF format
021 411990--Amendment and Name Cf>ongt View Image in PDF format
oiti31199;$--Domestic Profit View image in PDF format
DocuSign Envelope ID:0A234FFE-D1C8-41E4-9B07-A000F69A2C2E
BID SUBMITTAL QUESTIONNAIRE
CER i iFi A1IUN irOitiVt
This document is a REQUIRED FORM that must be submitted fully completed and submitted.
Solicitation No: Solicitation Title:
BID NUMBER PROJECT TITLE
WOOER'S NAME:BALLARD PARTNERS,INC.
NO.OF YEARS IN BUSINESS.25 NO.OF YEARS IN BUSINESS LOCALLY.8 NO OF EMPLOYEES T3
OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:N/A
BIDDER PRIMARY ADDRESS(HEADQUARTERS):201 EAST PARK AVENUE,5TH FLOOR
CITY:TALLAHASSEE
STATE:FL ZIP CODE:32301
TELEPHONE NO.:850-577-0444
TOLL FREE NO.:N/A
FAX NO.:8505774022
BIDDER LOCAL ADDRESS:801 13TH STREET,SUITE 250E
CITY WASHINGTON
STATE:DC ZIP CODE:20005
PRIMARYACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT BRIAN 0.BALLARD
ACCOUNT REP TELEPHONE NO:850477-0444
ACCOUNT REP TOLL FREE NO.:N/A
ACCOUNT REP EMAIL:bdbrdebrbMp.rtn.n.com
FEDERAL TM IDENTIFICATION NO.:59-3400504
By virtue of submitting a bid, bidder agrees: a) to complete and unconditional acceptance of the terms
and conditions of this document and the solicitation, including all addendums specifications,
attachments, exhibits, appendices and any other document referenced in the solicitation c) that the
bidder has not divulged, discussed, or compared the proposal with other bidders and has not colluded
with any other bidder or party to any other bid; d) that bidder acknowledges that all information
contained herein is part of the public domain as defined by the State of Florida Sunshine and Public
Records Laws; e) if bid is accepted, to execute an appropriate City of Miami Beach document for the
purpose of establishing a formal contractual relationship between the bidder and the City of Miami
Beach, Florida, for the performance of all requirements to which the bid pertains; and f) that all
responses, data and information contained in the bid submittal are true and accurate.
The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute
this questionnaire, and that the contents of said document(s)are complete,true, and correct to the best
of his/her knowledge and belief.
Name and Title of Bidder's Authorized Signature of Bidder's Authorized
Representative: Representative:
Brian D. Ballard, President Brian D. Ballard
DocuSign Envelope ID:0A234FFE-D1C8-41 E4-9B07-A00DF69A2C2E
SECTION 2 -ACKNOWI_EDCFM ENT OF ADDENDUM
After issuance of solicitation, the City may release one or more addendum to the
solicitation, which may provide additional information to bidders or alter solicitation
requirements. The City will strive to reach every bidder having received solicitation
through the City's e-procurement system. However, bidders are solely responsible for
assuring they have received any and all addendum issued pursuant to solicitation. This
Acknowledgement of Addendum section certifies that the bidder has received all
addendum released by the City pursuant to this solicitation. Failure to obtain and
acknowledge receipt of all addenda may result in proposal disqualification.
Enter Initial Enter Initial Enter Initial to
to Confirm to Confirm Confirm
Receipt Receipt Receipt
BDB Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum is required, submit under separate cover.
SECTION 3 - CONFLICT OF INTEREST
All bidders must disclose the name(s) of any officer, director, agent, or immediate
family member(spouse, parent, sibling, and child)who is also an employee of the City
of Miami Beach. Further, all bidders must disclose the name of any City employee who
owns, either directly or indirectly, an interest of ten (10%) percent or more in the bidder
entity or any of its affiliates.
_rATiONSHi?
1 N/A
2
3
4
5
6
SECTION 4 - FINANCIAL CAPACITY
At time of request by the City, bidder shall request that Dun & Bradstreet submit
its Supplier Qualifier Report directly to the City, with bid or within three (() days
of request. Bidder shall arrange for Dun & Bradstreet to submit a Supplier
Qualification Report (SQR) directly to the City. No proposal will be considered without
receipt (when requested), by the City, of the SQR directly from Dun & Bradstreet. The
cost of the preparation of the SQR shall be the responsibility of the bidder. The bidder
shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?
storeld=11696
Bidders are responsible for the accuracy of the information contained in its
SQR. It is highly recommended that each bidder review the information
contained in its SQR for accuracy prior to submittal to the City and as early as
possible in the solicitation process. For assistance with any portion of the SQR
submittal process, contact Dun & Bradstreet at 800-424-2495.
DocuSiyn Envelope ID:0A234FFE-D1 C8-41 E4-9807-AOODF69A2C2E
Project No. BID NUMBER
Project Title PROJECT TITLE
Bidder shall submit at least three (3) references for whom the bidder has completed
work similar in size and nature as the work referenced in solicitation. Bidder may
submit additional references as part of its bids submittal.
Reference No.1
Firm Name: MANATEE COUNTY, FLORIDA
Contact Individual Name and Title: KEVIN VAN OSTENBRIDGE, COMMISSIONER
Address: 1112 MANATEE AVENUE WEST, BRADENTON, FL 34205
Telephone: 941-748-4501
Contact's Email: kevin.vanostenbridge@mymanatee.org
Narrative on Scope of Services Provided, Project Budget, and Project Dates:
6) The Firm provides Manatee County with Federal legislative and executive branch
advocacy in accordance with the CountyA¢AE]ACIs legislative and budgetary needs on an
annual basis, including but not limited to, the filing of specific legislation, tracking and
reporting of general legislation.
Reference No.2
Firm Name: CITY OF PENSACOLA, FLORIDA
Contact Individual Name and Title: D.C. REEVES, MAYOR
Address: 222 W MAIN STREET, PENSACOLA, FL 32502
Telephone: 850-435-1625
Contact's Email: dcreeves@cityofpensacola.com
Narrative on Scope of Services Provided, Project Budget, and Project Dates:
6) The Firm provides Manatee County with Federal legislative and executive branch
advocacy in accordance with the CountyA¢AEIA[ Is legislative and budgetary needs on an
annual basis, including but not limited to, the filing of specific legislation, tracking and
reporting of general legislation.
DocuSign Envelope ID.0A234FFE-D1C8-41E4-9B07-A00DF69A2C2E
Reference No.3
Firm Name: METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON
COUNTY
Contact Individual Name and Title: GINGER HAUSSER, SENIOR ADVISOR FOR
INTERGOVERNMENTAL AFFAIRS
Address: ONE PUBLIC SQUARE, NASHIVILLE, TN 37201
Telephone: 615-862-6020
Contact's Email: Ginger.hausser@nashville.gov
Narrative on Scope of Services Provided, Project Budget, and Project Dates:
The Firm provides Metropolitan Government of Nashville and Davidson County(City of
Nashville) with Federal legislative and executive branch advocacy in accordance with the
CityA¢A.IAI is legislative and budgetary needs on an annual basis, including but not
limited to,the filing of specific legislation,tracking and reporting of general legislation.
SECTION 6 - SUSPENSION, DEBARMENT, OR CONTRACT
CANCELLATION
Has bidder ever been debarred, suspended or other legal violation, or had a contract
cancelled due to non-performance by any public sector agency?
f. YES ® NO
If answer to above is "YES," bidder shall submit a statement detailing the reasons that
led to action(s):
SECTION 7 - SMALL AND DISADVANTAGED BUSINESS
CERTIFP
Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged
Businesses, as certified by Miami-Dade County that have been certified as Small or
Disadvantaged Business by Miami-Dade County.
Does bidder possess Small or Disadvantaged Business certification by Miami-Dade
County?
I YES p NO
SECTION 8 - 1..GST Bt,I !PIFSS ENTERPRISE CERTIFICATION
Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned
firms that have been certified as an LGBT Business Enterprise by the National Gay
and Lesbian Chamber of Commerce (NGLCC).
Does bidder possess LGBT Business Enterprise Certification b the NGLCC?
YES e NO
DocuSign Envelope ID:OA234FFE-D1C8-41E4-9B07-AOODF69A2C2E
SECTION 9 - BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION
FORM
APPENDIX A, 44 C.F.R. PART 18-CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned Contractor certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract,grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying,"in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the
Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The undersigned Contractor certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and
disclosure, if any.
By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti-Lobbying
Amendment Certification.
Name and Title of Bidder's Authorized Signature of Bidder's Authorized
Representative: Representative:
Brian D. Ballard, President Brian D. Ballard
SECTION 10 - SUSPENSION AND DEBARMENT CERTIFICATION
The Contractor acknowledges that:
(1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.
3000. As such the contractor is required to verify that none of the Contractor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180.935).
DocuSign Envelope ID:0A234FFE-D1 C8-41 E4-9B07-AOODF69A2C2E
(2)The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
DocuSign Envelope ID:0A234FFE-D1C8-41E4-9B07-AOODF69A2C2E
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4)The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer. The Contractor further agrees to include a provision requiring
such compliance in its lower tier covered transactions."
By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and
Debarment Certification.
Name and Title of Bidder's Authorized Signature of Bidder's Authorized
Representative: Representative:
Brian D. Ballard, President Brian D. Ballard
CONE OE 6Ii_ENCE
Pursuant to Section 2-486 of the City Code, all procurement solicitations once
advertised and until an award recommendation has been forwarded to the City
Commission by the City Manager are under the "Cone of Silence." The Cone of
Silence ordinance is available
at b ps://library.municode.com/fl/miami_beach/codes/code of_prdinances?
nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486COSI
Any communication or inquiry in reference to this solicitation with any City employee or
City official is strictly prohibited with the of exception communications with the
Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to
matters of process or procedure regarding the solicitation. Communications regarding
this solicitation are to be submitted in writing to the Procurement Contact named herein
with a copy to the City Clerk at rafaelgranado@miamibeachfl.gQv_
By virtue of submitting bid, bidder certifies that it is in compliance with the Cone of
Silence Ordinance, pursuant to Section 2-486 of the City Code.
't'r"Tlfw ,h:n d^nnr r it ic7m1r-!gr. s--r1_tte—
Pursuant to City Resolution No.2000-23789, the Bidder shall adopt a Code of Business
Ethics prior to executing a contract with the City. The Code of Business Ethics shall be
submitted to the Procurement Department with its response or within three (3) days of
request by the City. The Code shall, at a minimum, require the Bidder, to comply with
all applicable governmental rules and regulations including, among others, the conflict
of interest, lobbying and ethics provision of the City Code. In lieu of submitting Code of
Business Ethics, bidder may indicate that it will adopt, as required in the ordinance, the
City of Miami Beach Code of Ethics, available at http://www.miamibeachfl.gov/city_
hall/procurement/procurement-related-ordinance-and-procedures/
Bidder will submit firm's Code of Business Ethics within three (3) days of request by
the City?
YES lr NO
Bidder adopts the City of Miami Beach Code of Business Ethics?
DocuSign Envelope ID:0A234FFE-D1C8-41E4-9B07-AOODF69A2C2E
p YES 0 NO
SECTION 13 -- LOBBYIST REGISTRATION & CAMPAIGN
CONTRIBUTION REQUIREMENTS
This solicitation is subject to, and all bidders are expected to be or become familiar
with, all City lobbyist laws, including lobbyist registration requirements and prohibition
on campaign contributions, including:
• Lobbyist Registration Requirements sections 2-397 through 2-485.3 of City
Code
(Mtps://library.municode.com/fl/miami each/codes/code_of_prdinances?
nodeld=SPAGEOR CH2AD_ARTVIISTCO_DIV3LO)
• Campaign Contribution Requirements sections 2-487 and 2-488 of City Code
(Mips://library.municode.com/fl/miami beach/codes/code 9f_ordinances?
nodeld=SPAGEOR CH2AD ARTVIISTCO DIV5CAFIRE)
By virtue of submitting bid, bidder certifies or affirms that they have read and
understand the above Lobbyist Registration &Campaign Contribution Requirements.
SECTION 14 — NON-DISCRIMINATION
The Non-Discrimination ordinance is available at:
hit • i r .municode.com/fl/miami_beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-375NSCCOREWA
By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section
2-375 of the City of Miami Beach City Code.
gf'CTt(Th 15 __ rAU? rf!ts,W' ' PI QUIREMENT
The Fair Chance Ordinance No. 2016-4012 is available at:
https://library.municode.com/fl/miami beach/codes/code_of ordinances?
nodeld=SPAGEOR_CH62HURE_ARTVFACHOR
By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards
consistent with the City's Fair Chance Ordinance. Bidder agrees to provide the City with
supporting documentation evidencing its compliance upon request. Bidder further agrees that
any breach of the representations made herein shall constitute a material breach of contract,
and shall entitle the City to the immediate termination for cause of the agreement, in addition to
any damages that may be available at law and in equity.
Please refer to Section 287.133(2)(a), Florida Statutes, available at:
hgps://www.flsenate.gov/Laws/Statutes/2012/287.133
By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida
Statutes, and certifies it has not been placed on convicted vendor list.
SECTION 17 -- VETERAN BUSINESS ENTERPRISES PREFERENCE
Pursuant to City of Miami Beach Ordinance No. 2011-
3748, https://library.municode.com/fl/miami_beach/codes/code of ordinances?
nodeld=SPAGEOR C H2AD_ARTVIPR_DIV3COPR_S2-
374PRPRPRVECOGOCOSE the City shall give a preference to a responsive and
responsible bidder which is a small business concern owned and controlled by a
veteran(s) or which is a service-disabled veteran business enterprise, and which is
within five percent (5%) of the lowest and best bidder, by providing such bidder an
opportunity of providing said goods or contractual services for the lowest responsive
bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of
two (2) or more bidders which are a small business concern owned and controlled by a
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veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid
pursuant to an ITB, RFP, RFQ, ITN or oral or written request for quotation, and such
bids are responsive, responsible and otherwise equal with respect to quality and
service, then the award shall be made to the service-disabled veteran business
enterprise.
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Is the bidder a service-disabled veteran business enterprise certified by the State of Florida?
i_,; YES Q NO
Is the bidder a service-disabled veteran business enterprise certified by the United States
Federal Government?
L. YES p NO
SECTION 18 - EQUAL BENEFITS FOR EMPLOYEES WITH SPOUSES
AKlfl nviptoyFFs WITH DOMESTIC PARTNERS
When awarding competitively solicited contracts valued at over $100,000 whose contractors
maintain 51 or more full time employees on their payrolls during 20 or more calendar work
weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain
contractors doing business with the City of Miami Beach,who are awarded a contract pursuant
to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as
they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami Beach, Florida; and the
Contractor's employees located in the United States, but outside of the City of Miami Beach
limits,who are directly performing work on the contract within the City of Miami Beach.
Does bidder provide or offer access to any benefits to employees with spouses or to spouses
of employees?
ei YES NO
Does bidder provide or offer access to any benefits to employees with (same or opposite sex)
domestic partners or to domestic partners of employees?
ei YES I NO
Please check all benefits that apply to your answers above and list in the "other' section any
additional benefits not already specified. Note: some benefits are provided to employees
because they have a spouse or domestic partner, such as bereavement leave; other benefits
are provided directly to the spouse or domestic partner, such as medical insurance.
Bidder Provides for Bidder Provides for Bidder does not
BENEFIT Employees with Employees with provide Benefit
Spouses Domestic Partners
Health X X
Sick Leave X X
Family Medical Leave X X
Bereavement Leave X X
If Bidders cannot offer a benefit to domestic partners because of reasons outside your control,
(e.g., there are no insurance providers in your area willing to offer domestic partner coverage)
you may be eligible for Reasonable Measures compliance. To comply on this basis, you must
agree to pay a cash equivalent and submit a completed Reasonable Measures Application with
all necessary documentation. Your Reasonable Measures Application will be reviewed for
consideration by the City Manager, or his designee. Approval is not guaranteed and the City
Manager's decision is final. Further information on the Equal Benefits requirement is available
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at tit tp://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-
procedures/
SECTION 19 - MORATORIUM ON TRAVEL TO AND THE PURCHASE
OF GOODS OR SERVICES FROM MISSISSIPPI
Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the
purchase of goods or services sourced in Mississippi. Are any of the products for
which the applicant is seeking to be prequalified sourced in Mississippi?
f_j YES Q NO
If yes, explain.
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TAB 1
Cover Letter, Table of Contents and Qualification Requirements
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BALLARD I PARTNERS
November 3, 2023
City of Miami Beach
Attention: Procurement Department
1755 Meridian Avenue,3'd Floor
Miami Beach, Florida 33139
Re: Response to Solicitation 2024-055-ND, Federal Governmental Consulting
To Whom it May Concern:
On behalf of Ballard Partners, Inc.(Firm), I am pleased to submit this proposal to provide Federal
Governmental Consulting Services to the City of Miami Beach (City). Our proposal represents a
full-service annual agreement for representation of any and all issues before the legislative and
executive branches of the United States government, as outlined in the scope of services. The
firm has extensive experience in advocacy before Congress and executive branch, including
federal agencies and the Executive Office of the President. We believe our strength as a firm is
evidenced by the professional experience of our staff and the diversity of our client listings.
Legislative advocacy is the cornerstone of our practice. We are well versed in bill and amendment
drafting, appropriations, and all other components of effective legislative and executive branch
representation. More importantly, our team understands how to accomplish the tasks given to
us by our clients, working to identify their priority issues and implementing the best course of
action to address those issues within outlined timeframes.
Brian D. Ballard, President is authorized to make representations for, and to bind the Firm and
may be reached through our headquarters, located at 201 East Park Avenue, 5th Floor,
Tallahassee, Florida 32301, by phone at (850) 577-0444, by fax at (850) 577-0022 or by email at
ballardPballardpartners.com.
We have appreciated the opportunity to work with the City of Miami Beach and look forward to
our continued partnership. Please feel free to contact me if you have any questions.
Sincerely,
OL-
B an D. Ba and
President
TALLAHASSEE WASHINGTON D.C. MIAMI TAMPA FORT LAUDERDALE WEST PALM BEACH
JACKSONVILLE ORLANDO SARASOTA FORT MYERS BOSTON LOS ANGELES
TEL AVIV ISTANBUL ABUJA/LAGOS
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Table of Contents •
Page
TAB 1—Cover Letter,Table of Contents and Qualification Requirements
1.1 Cover Letter and Table of Contents 1-2
1.2 Minimum Requirements
1.2.1 Proof of Lobbying Services Contracts 3
1.2.2 Proof of Permanent Office in Washington D.C. 4
TAB 2—Experience and Qualifications
2.1 Qualifications of Proposing Firm 5
2.2 Qualifications of Proposer Team 8
2.2.1 Lead Lobbyist 17
2.3 Major Achievements 19
TAB 3—Approach and Methodology 22
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1.2.1 Minimum Requirements
1) Manatee County, Florida
2) Commissioner Kevin Van Ostenbridge
3) 1112 Manatee Avenue West
Bradenton, FL 34205
4) 941.748.4501
5) kevin.vanostenbridge@mymanatee.org
6) The Firm provides Manatee County with Federal legislative and executive branch
advocacy in accordance with the County's legislative and budgetary needs on an annual
basis, including but not limited to, the filing of specific legislation,tracking and reporting
of general legislation.
7) 3/28/2023—Current
1) City of Pensacola, Florida
2) D.C. Reeves, Mayor
3) 222 W Main Street
Pensacola, FL 32502
4) 850.435.1625
5) dcreeves@cityofpensacola.com
6) The Firm provides the City of Pensacola with Federal legislative and executive branch
advocacy in accordance with the City's legislative and budgetary needs on an annual basis,
including but not limited to, the filing of specific legislation, tracking and reporting of
general legislation.
7) 3/1/2018—Current
1) Metropolitan Government of Nashville and Davidson County
2) Ginger Hausser, Senior Advisor for Intergovernmental Affairs, Office of Mayor John
Cooper
3) One Public Square
Nashville,TN 37201
4) 615.862.6020
5) Ginger.hausser@nashville.gov
6) The Firm provides Metropolitan Government of Nashville and Davidson County (City of
Nashville) with Federal legislative and executive branch advocacy in accordance with the
City's legislative and budgetary needs on an annual basis, including but not limited to,the
filing of specific legislation, tracking and reporting of general legislation.
7) 1/1/2022—Current
3
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1.2.2 Minimum Requirements
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4
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TAB 2
Experience and Qualifications
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2.1 Qualifications of Proposing Firm
Ballard Partners, Inc.,founded as a Florida Corporation in 1998,has been a force in Florida politics
and government for 25 years. In 2017,we opened our Washington D.C. office and by the end of
that year, Ballard Partners ranked in Politico's "Top 20 D.C. Firms", breaking into the "Top 10 D.C.
Firms"just six months later. Our D.C.office has worked hard to build a national presence for our
clients that is truly unmatched. Ballard Partners' statewide presence consists of nine offices
located in Tallahassee,Sarasota,Tampa,Jacksonville,Fort Lauderdale, Miami,Orlando,West Palm
Beach, and Fort Myers. The Firm is Florida's top government affairs practice, and recently
expanded our national and international footprints with offices in Los Angeles, Boston, Tel Aviv,
Istanbul and Abuja/Lagos,Nigeria. Each office has a team of professionals with vast governmental
affairs,strategic communications and coalition building experience who are deeply connected in
their respective communities.
Ballard Partners specializes in all aspects of governmental and public affairs, including legislative
advocacy and administrative issues affecting executive agency decisions. Our philosophy is
simple: We combine extensive government experience with unwavering advocacy to maximize
clients'results.We bring a broad range of governmental and political expertise to meet the needs
of our clients. Our lobbying and public affairs work is grounded in our collective years of
experience, a keen understanding of local, statewide, and federal politics, and effective
representation in a myriad of policy areas which impact government across a spectrum of areas.
Legislative advocacy is the cornerstone of our practice. We are well versed in bill and amendment
drafting, appropriations, and all other components of effective legislative and executive branch
representation. More importantly, our team understands how to accomplish the tasks given to
us by our clients, working to identify their priority issues and implementing the best course of
action to address those issues within outlined timeframes.
Our team is comprised of 58 professional, full-time governmental consultants with substantial
backgrounds in legislative and administrative issues across all levels of government from
municipalities to the nation's Capital. The Firm's continued success is the result of our team
members' emergence from the senior ranks of both the legislative and executive branches of
Florida and the federal government. Our professional staff includes four former legislators, two
former Governor's chiefs of staff, Lieutenant Governor's chief of staff, gubernatorial policy
directors, legislative committee staff directors, two previous Florida Executive branch agency
secretaries,congressional staff,and senior leaders from local government,including a past Mayor
and City Councilman for major metropolitan areas.
Our proposal represents a full-service annual agreement for representation of any and all issues
before the legislative and executive branches of U.S. government, as outlined in the Scope of
Services. The firm has extensive experience in advocacy before Congress and the executive
branch, including federal agencies and the Executive Office of the President. We believe our
strength as a firm is evidenced by the professional experience of our staff and the diversity of our
client listings.
5
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Our team has a proven track record in cultivating strong working relationships with legislative
leadership, committee staff and the executive and cabinet agencies. One of our many strengths
is maintaining ongoing visibility and communication on your priorities, as issues will evolve and
change quickly during the process. Our distinct advantage comes from our highly skilled,
bipartisan team. Our Partners join our Firm after serving in senior positions at the highest levels
of local, state, and federal government, business, politics, and media. As a Firm, we have
cultivated lifelong relationships with key leaders and decision makers throughout the state and
country.
Ballard Partners has represented various local governments on both the state and federal level
and have relationships with key Members of Congress, the Florida Delegation, and executive
agencies that could assist the City. Some examples of relationships are noted below:
• U.S. House of Representatives:
o Florida Congressional Delegation and staff
o House Majority and Minority Leadership and staff
o House Agriculture Committee members and staff
o House Education and Labor Committee
o House Appropriations Committee members and staff
o House Committee on Homeland Security Members and staff
• U.S. Senate:
o United States Senators Rick Scott and Marco Rubio and staff
o United States Senate Committee on Appropriations members and staff
o United States Senate Committee on Finance members and staff
o United States Senate Committee on Health, Education, Labor,and Pensions
members and staff
o United States Senate Committee on Homeland Security and Government Affairs
members and staff
• Executive Branch:
o Executive Office of the President
o U.S. Department of Environment Protection
o U.S. Department of Housing and Urban Development, Secretary
o U.S. Department of Labor, Secretary
o U.S. Department of Health and Human Services,career and political staff
o U.S. Department of Homeland Security(FEMA),career and political staff
o U.S. Department of Agriculture,career and political staff
o U.S. Department of Transportation,Secretary and staff
o U.S. Department of Commerce
o U.S. Department of Education
6
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Our expertise spans all branches of the federal government with deeply rooted connections in
every agency, department, and throughout Congress and its committees. We believe our
combined federal knowledge and experience within Congress and the Administration gives our
clients the greatest solutions to their issues.
In addition to the local governments listed in Section 1.2.1, the following is an example of local
governments that we represent at the federal level with a similar scope of services, as
identified in this solicitation:
CITY OF WINTER HAVEN
T. Michael Stavres, mstavres@mywinterhaven.com, 863.291.5600
Contract Term: 2/22/2021—Current
CITY OF LARGO
Christopher Hawks,chawks@Iargo.com, 727.586.7452
Contract Term: 11/17/2021—Current
MIAMI-DADE COUNTY PUBLIC SCHOOLS
Tabitha G. Fazzino, Ed.S.,tfazzino@dadeschools.net,305.995.1206
Contract Term: 7/1/2017—Current
MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS
John Maehl,jmaehl@martin.fl.us, 772.288.5566
Contract Term: 12/1/2021—Current
OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS
John Hofstad, managerinfo@myokaloosa.com, 850.651.7515
Contract Term: 1/20/2020—Current
LEE COUNTY BOARD OF COUNTY COMMISSIONERS
Glen V.Salyer, GSalyer@Dleegov.com, 239.533.2221
Contract Term: 1/17/2023—Current
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2.2 Qualifications of Proposer Team
The key personnel assigned to the City will be Brian Ballard, Justin Sayfie, Dan McFaul and Syl
Lukis. Beyond the primary contacts, all of the Firm's principals will be utilized when necessary.
We believe it is our combined expertise, history working together as a team and relationships at
all levels of government that will be uniquely beneficial to the City's interests.All representatives
of the Firm may be contacted through our Washington, D.C. office.
ORGANIZATIONAL
CHART
. :
lam‘.
s
Brian U.Ballard
Geoi
\'1 J
Justin Sayfie Dan McFaul Syl Lukis
Lead Lobbyist Managing Partner Senior Partner
Partner Washington.D.C. Washington.D.0
Vi.r,l, C.
Brian Ballard, President
Brian has earned a reputation as a tireless, persistent and effective advocate for his clients'
interests. He has been recognized in The Hill:Top Lobbyists/Hired Guns 2021, 2020, Florida
Trend's 2021,2020 Most Influential Business Leaders, named a member of Vanity Fair's"New
Establishment for 2019",and listed among the 18 to watch in 2018 by Politico Playbook Power
List. His accomplishments have spanned over 25 years and includes legislative successes on
hundreds of policy and funding initiatives in Florida and Washington, DC.
Brian has taken his passion for politics and policy to the national scene, opening Ballard
Partners' Washington, DC office in February 2017. He is spearheading the
firm's successful efforts with a first-class bi-partisan government relations team that
represents clients across the federal landscape and impacting a myriad of domestic and
foreign affairs issues.
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As one of the top political insiders in Florida and Washington, Brian's political portfolio
includes meaningful roles in several presidential and gubernatorial campaigns. He chaired
the Florida Finance Committee of Republican presidential nominees John McCain in 2008,
Mitt Romney in 2012 and Donald J. Trump in 2016. Additionally, Brian has served as vice
chairman of the Presidential Inaugural Committee and was appointed as a member of the
Presidential Transition Finance Committee. Recognizing his formidable fundraising and
political skills, the Republican National Committee tapped Brian to serve as the Finance Vice
Chairman to help build resources for key national races.
Brian and his wife Kathryn were honored to be selected by three Florida Governors to plan
and execute their inaugural ceremony and events, serving as Co-Chairs of the inauguration
for Governor Ron DeSantis, Governor Rick Scott and Governor Charlie Crist.
Among his important public service experience, Brian currently serves on the Board of
Trustees for the John F. Kennedy Center for the performing Arts. He previously served on the
U.S. and Foreign Commercial Service Advisory Council, after appointment by the U.S.
Secretary of Commerce. He also directed the transition and assisted in the U.S. Senate
confirmation of Governor Bob Martinez as the Director of the Office of National Drug Control
Policy(Drug Czar) in the Executive Office of the President.
As chief of staff in the Executive Office of the Governor, Brian developed a special interest in
environmental issues. Among his accomplishments, he served as chief architect of
Preservation 2000,the largest public acquisition program for environmentally sensitive lands
in the nation. He also served as Florida's chief negotiator with the U.S. Department of the
Interior to end offshore drilling along the state's southeast coastline and the Florida Keys.The
American Lawyer magazine rated Brian as one of America's top-rated lawyers in the field of
Energy, Environmental and Natural Resources law.
Committed to community service,Brian has been a member of the Council of 100,the Collins
Center for Public Policy, Florida Governor's Mansion Foundation, and the City of Tallahassee
Architectural Review Board. He has received Florida's highest award for historic preservation
recognizing his efforts involving preservation of historic buildings. In 2016, Brian and Kathryn
were inducted into Florida State University's Francis Eppes Society for their philanthropic
support to the University.
Before establishing Ballard Partners, Brian served as managing shareholder for Bryant Miller
Olive P.A. He currently serves as counsel to Panza, Maurer&Maynard, P.A. He received both
his Bachelor of Science degree in Business Administration and his Juris Doctorate from the
University of Florida, where he was later inducted into the University's Hall of Fame.
Brian will oversee the Firm's advocacy efforts on behalf of the City of Dunedin in Washington,
D.C.and Florida. His primary focus will be to advance the identified agenda with key legislative
local and federal leaders, respective committee chairs, executive agencies and the
Administration.
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Brian has devoted the entirety of his career to working with governmental entities. His early
experience with both the Executive Office of the President and the Executive Office of the
Governor of the State of Florida set the standard for his pursuit of excellence in private
practice. Since beginning his private-sector career, he has lobbied extensively on a myriad of
issues, and the list of his clientele runs the gamut from non-profit organizations to global
corporations.
Justin Sayfie, Partner
Justin Sayfie is a government relations consultant, digital entrepreneur and attorney. Justin
previously served as the spokesman and a top policy advisor for former Florida Governor Jeb
Bush. From 2018 to 2021, he served as an appointee of President Donald J. Trump on the
President's Commission on White House Fellowships, where he previously served in the
administration of President George W. Bush. In this role,Justin participated in the selection
of White House Fellows and helped lead the nation's top leadership development program.
Additionally, in 2005,Justin was appointed by U.S.Senator Mel Martinez as Chairman of the
Federal Judicial Nominating Commission for the Southern District of Florida,where he led the
initial nominating process for Federal Judges and U.S.Attorneys in South Florida.
He appears regularly as a political commentator on CNN, Fox News and MSNBC. Justin has
also published Florida's leading political news site and mobile app,Sayfie Review,since 2002.
In 2007, Justin served as a delegate for the American Council on Germany's Young Leader
Conference in Berlin and Munich, and in 2008 he served as a delegate in the American Swiss
Foundation's Young Leader's Conference in Geneva. He remains active in both organizations.
Sayfie received his bachelor's degree in American Government from Georgetown University,
and his juris doctor,cum laude,from the University of Miami.
Justin will serve as Lead Lobbyist for the City and as the liaison to the Ballard Partners Team.
He will manage the overall responsibilities in advancing the City's identified legislative
agenda. This includes coordinating and attending meetings with members and staff of state
government, respective House and Senate committees and various agency officials, and
handling the day-to-day responsibilities in advancing the City's legislative agenclq, such as
communications with City staff and reporting.
Dan McFaul, Managing Partner
Dan McFaul has been involved with more than 30 federal, state, and local campaigns in the
last two decades, including races for Congress, U.S. Senate, and Governor, as well as
Presidential campaigns.He served as campaign manager to Congressman Joe Scarborough in
1996 and 2000. In 1998, he worked as a Senior Field Analyst for the National Republican
Congressional Committee (NRCC) and consulted on eight Congressional campaigns in the
Southeast and Ohio River Valley.
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Dan served on the staff of U.S. Rep.Joe Scarborough of Florida from 1997-2001, rising to the
position of Legislative Director. He became the Chief of Staff and Communications Director
for Congressman Jeff Miller on Oct. 16th, 2001, when Miller was sworn into office. Prior to
Miller's election, Dan was Miller's campaign manager during the 2001 special election cycle.
Dan was a member of the Presidential Transition Team for then President-elect Donald J.
Trump. In this capacity, Dan worked on the Appointments Team responsible for recruiting
and vetting potential appointees to the incoming Administration, specifically for the
Department of Defense, the Department of Veterans Affairs, the Armed Services, and the
Intelligence community.
A native of Pensacola, Dan graduated from the University of Florida with a bachelor's degree
in Political Science and Public Relations. He later completed a Master's Degree in Public
Administration at the University of West Florida. Dan lives in Washington, D.C.with his wife,
Jessica, and their three children.
Syl Lukis,Senior Partner
Syl has a distinguished career in Florida and national politics spanning four decades. As one
of the firm's key strategic advisors, Syl's political and policy experience has been critical to
the success of the firm's growth in Florida and expansion to the national level.
As Senior Partner of Ballard Partners'Washington, DC office,Syl works closely with the firm's
President, Brian Ballard, and members of the Washington, DC team regarding a variety of
significant federal issues on behalf of both domestic and foreign clients. Most important
among them are matters involving Medicare, Medicaid, refugee assistance,education,trade,
tariffs and tax issues before the Legislative and Executive branches of the federal
government.
During his forty plus years tenure in Washington as a lawyer and government relations
consultant, Syl has represented clients before numerous federal departments including the
U.S. Departments of Health and Human Services, Education, Justice, State, Transportation,
Commerce,Treasury,Interior, Homeland Security and the U.S.Trade Representative's Office.
Syl has been a member of the District of Columbia Bar for more than forty years and had the
high honor of serving his country as a member of the United States Air Force. Further, his
public service career included serving as an Attorney with the Office of the General Counsel
at the U.S. Department of Health and Human Services, as a Special Assistant U.S.Attorney in
the District of Columbia and as an Assistant Director of the Cuban Haitian Task Force at the
U.S. Department of State during the mass immigration crisis commonly known as the Mariel
Boat Lift.
Dan and Syl will provide federal support to the City, communicating with elected officials,
political and civic leaders. They will coordinate with Justin on the planning and completion of
those responsibilities necessary to ensure the needs of the City are being properly addressed.
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BRIAN D. BALLARD
Residence: Office:
7445 Heartland Circle 201 East Park Avenue, 5'h Floor
Tallahassee, Florida 32312 Tallahassee, Florida 32301
850.668.9823 850.577.0444
PROFESSIONAL HISTORY:
May 1998- Ballard Partners, Inc.
Present President. The firm specializes in all aspects of governmental advocacy
with particular emphasis on matters before Florida's executive and
legislative branches of state government, as well as all aspects of
governmental advocacy on matters before Congress, the Administration,
and federal agencies and departments.
June 2003- Panza, Maurer&Maynard, P.A.
Present Of Counsel. The law firm specializes in governmental and regulatory
matters; health care; insurance; corporate law; commercial litigation and
environmental law. Rated"AV'by Martindale-Hubble.
August 1995- Florida State University
August 2006 Adjunct Professor in the School of Political Science.
March 1991 - Bryant, Miller and Olive, P.A.
May 1998 Managing Shareholder. The law firm specializes in state and municipal
finance, environmental law, governmental affairs, and agency decision
making.
November 1992- U.S.and Foreign Commercial Service Advisory Council
April 1994 Appointed by the U.S. Secretary of Commerce to provide advice on the
operations and services of the US&FCS and its related worldwide export
programs.
December 1990- Executive Office of the President
March 1991 Directed the transition and assisted in the U.S. Senate confirmation of
the Director of the Office of National Drug Control Policy.
January 1988- Chief of Staff,Office of the Governor
December 1990 Directed executive office staff, supervised eleven cabinet departments
under the Governor. Coordinated and lobbied legislative and budget
proposals. Developed policy initiatives for the Executive Office of the
Governor and its agencies.
March 1989 White House Delegation
U.S. Observation Delegation to the 1989 Presidential Election in El
Salvador.
1987 Deputy Chief of Staff/Executive Assistant,Office of the Governor
August-December Directed the Scheduling and Appointments Office. Assisted in press and
public relations and coordinated the administrative functions of the
Governor's Office.
1983 Executive Office of the President
May-July Intern, Office of Management and Budget.
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EDUCATION: University of Florida College of Law
Juris Doctorate, 1988
University of Florida
Bachelor of Science in Business Administration, 1983
PROFESSIONAL, John F. Kennedy Center for the Performing Arts, Board Member,2020
POLITICAL AND CIVIC Republican National Convention,Jacksonville 2020 Host Committee Co-
ORGANIZATIONS: Chair,2020
Governor Ron DeSantis Inaugural Committee, Chairman,2018
Presidential Electoral College Member, 2016
Trump Victory, Florida Chairman,2016
Presidential Inaugural Committee,Vice Chairman,2016
Presidential Transition Finance Committee Member,2016
Governor Rick Scott Inaugural Committee, Chairman,2015
Mitt Romney Presidential Campaign,Florida Finance
Governor Rick Scott Inaugural Finance Committee,
John McCain Presidential Campaign, Florida Finance
Florida Governor's Mansion Foundation
Governor Charlie Crist Inaugural Committee,Chairman,2007
American Bar Association
The Florida Bar
The Collins Center for Public Policy
Miami Herald Legislative Ranking Committee 2002,2003
City of Tallahassee-Leon County Architectural Review Board
August 20, 1999-June 30,2002
Georgetown University Medical and Law Centers, Editorial Associate,
Courts,Health, Science and the Law
Florida Council of 100, 1987-1990
Governor's Transplant Lifeline for Children Task Force, Board
of Directors, 1987-1990
University of Florida Department of Political Science,
Graduate Program in Political Campaigning, Development
Committee, September 1994
University of Florida Athletic Association Board of Directors,
1984
Delta Tau Delta National Fraternity
HONORS: Inductee,Francis Eppes Society,Florida State University,2016
The American Lawyer's Magazine Top Rated Lawyer in the
field of Energy, Environmental and Natural Resources Law
2013 Rated"AV"by Martindale-Hubbell highest attorney
rating for both legal ability and ethical standards
Florida Trust for Historic Preservation Award for Outstanding
Historic Preservation 2000
Tallahassee/Leon County Historic Preservation Award 1999
University of Florida Hall of Fame
Florida Blue Key
Omicron Delta Kappa
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DANIEL McFAUL
Residence: Office:
1364 North Carolina Avenue NE 601 Thirteenth St, NW,Suite 200N
Washington,D.C.,20002 Washington, D.C.20005
202.546.9191 202.800.5620
PROFESSIONAL HISTORY:
February 2017- Ballard Partners, Inc.
Present Partner. The firm specializes in all aspects of governmental
advocacy with particular emphasis on matters before the
executive and legislative branches of government.
January 2017- Office of Congressman Matt Gaetz
February 2017 Chief of Staff. Assembled the legislative operation,administrative
structure and communications protocol in both Washington D.C.
and the District office. Constructed and implemented strategies
for attaining committee assignments and served as chief strategist
for legislation and policy matters.
November 2016- Presidential Transition Team
January 2017 Appointments team. Assisted fulfillment of approximately 4,000
politically appointed positions. Specialized in the Departments of
Defense, Veterans Affairs, Armed Services and intelligence
community appointments.
October 2001 - Office of Congressman Jeff Miller
January 2017 Chief of Staff/Communications Director. Managed and directed a
multi-faceted Congressional office. Strategic manager of all
legislative, administrative, and communications operations,
including two Florida-based offices and the Washington, D.C.
office with 20 employees and an annual$1.5 million budget.
May 2001 - Campaign of Jeff Miller for Congress
October 2001 Campaign Manager. Directed all campaign personnel,
fundraising, media and public relations, issue and opposition
research,volunteer recruitment and strategy.
May 2000- Campaign of Joe Scarborough for Congress
August 2000 Campaign Manager. Directed all campaign personnel,
fundraising, media and public relations, issue and opposition
research,volunteer recruitment and strategy.
December 1996- Office of Congressman Joe Scarborough
May 2001 Legislative Director/Deputy Press Secretary. Directed the
transition and assisted in the U.S. Senate confirmation of the
Director of the Office of National Drug Control Policy.
March 1998- National Republican Congressional Committee
August 1998 Senior Field Analyst. Consultant to Congressional candidates,
primarily in the Deep South and Ohio River Valley areas.
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July 1996- Campaign of Joe Scarborough for Congress
December 1996 Campaign Manager. Directed all campaign personnel,
fundraising, media and public relations, issue and opposition
research,volunteer recruitment and strategy.
October 1994— First National Life Insurance Company
July 1996 Marketing Manager. Managed a seven-person marketing
department, implementing a comprehensive marketing strategy
for 8,000 health agents in 38 states. Developed the company's
government relations program.
EDUCATION: The University of West Florida
Masters of Public Administration, 1998
University of Florida
Bachelor of Arts in Political Science, Minor Mass
Communications, 1994
PROFESSIONAL AND CIVIC National Rifle Association
ORGANIZATIONS: Chief of Staff Association
Ducks Unlimited
Republicans Associated for Mutual Support(RAMS)
Republican Communications Association(RCA)
Past President—University of Florida Alumni Association of
Greater Washington D.C.
Past Regional Vice President—UFAA Board of Directors
Board Member, Florida State Society of Washington, D.C.
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SYLVESTER LUKIS
Sylvester Lukis is an attorney with over 40 years of legal and consulting experience in
intergovernmental and political affairs at the federal, state and local levels.
He began his law practice in Washington, D.C. in 1981, where he specialized in representing
municipal clients before state and federal executive and legislative branches of government. His
clients during his tenure as a Washington, D.C. attorney included the Florida governmental
entities of Miami-Dade County, the cities of Miami and Miami Beach, and the public school
systems of Miami-Dade and Broward Counties.
Prior to entering private practice, in 1980, Mr. Lukis was appointed Director of
Intergovernmental Affairs at the U.S. State Department's Cuban Haitian Task Force, where he
was responsible for coordinating policy development and implementation among several
federal, state and local governmental agencies in response to the mass immigration influx of
Cubans into Miami from the Port of Martel, Cuba.
Other federal appointments include Special Assistant to the U.S. Attorney for the District of
Columbia, and prior to that, Special Assistant to the General Counsel of the U.S. Department of
Health and Human Services. In that capacity, he was primarily responsible for providing legal
assistance to the agencies administering health, education and welff9re programaat the federal
level.
Mr. Lukis is currently Senior Partner in Ballard Partners'Washington, D.C. Office.
Mr. Lukis holds a law degree from New England School of Law and a bachelor's degree in
Business Management from Western New England College.
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2.2.1 Qualifications of Lead Lobbyist
Justin Sayfie, Partner, Lead Lobbyist
Since leaving the Executive Office of the Governor in 2001,Justin has been a lobbyist for some of
the most prominent organizations in the country. During over two decades of lobbying, he has
successfully represented clients including Huizenga Holdings, Google, the Seminole Tribe of
Florida, AutoNation, Robinhood Markets, Florida International University and Broward College
among many others. In each representation, Justin leverages his extensive experience at the
highest levels of government, having served in the administration of three U.S. Presidents as well
as the governor of the state of Florida.
Justin intimately understands the process of governance and the intricacies of appropriations and
policymaking, both on Capitol Hill and throughout the Executive Branch of the federal
government. He brings a practical approach to every client he represents and strives to achieve
each client's objectives in the most direct and efficient manner possible. His reputation is
impeccable in Washington and throughout Florida. Elected officials and their staff appreciate
Justin's ability to express his client's objectives effectively and efficiently and to strategize a
politically feasible path forward to accomplish those objectives.
One of Justin's proudest achievements was working with Congress on behalf of the City of Miami
Beach to successfully secure a$7.65 million appropriation in Fiscal Year 2022 for Mt.Sinai Medical
Hospital. Because Mount Sinai is the sole hospital provider during disasters for vulnerable
populations without options, it fulfills an essential emergency healthcare function for the city,
state, and federal governments, and this appropriation helps make the city a safer place during
disasters.
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JUSTIN SAYFIE
Office:
601 Thirteenth St, NW,Suite 250S
Washington, D.C. 20005
202.800.5620
PROFESSIONAL HISTORY:
September 2015- Ballard Partners,Inc.
Present Partner. Served as an advocate on behalf of numerous clients in
a variety of industries before the Federal Executive Branch and
Congress.
January 2011 - Sayfie Law Firm
September 2015 Founding Partner. Served as an advocate on behalf of numerous
clients in a variety of industries before the Florida Executive
Branch and Legislature.
August 2001 - Blosser&Sayfie
January 2011 Founding Partner. Served as an advocate on behalf of numerous
clients in a variety of industries before the Florida Executive
Branch and Legislature.
January 1999- Office of Governor Jeb Bush
July 2001 Deputy Policy Director and Communications Director. Served as
a top advisor to Governor Bush during several major initiatives in
his first term of office.
May 1995- Greenberg Trau rig
December 1998 Associate. Served in the Land Use, Zoning and Environmental
Department, assisting developers with their projects before a
variety of local governments.
EDUCATION: University of Miami School of Law
Juris Doctor, Cum Laude, 1995
Georgetown University
Bachelor of Arts in American Government, Minor in History, 1990
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2.3 Major Achievements
Our Washington D.C. office has worked diligently to build a national presence for our clients that
is truly unmatched. Our expertise spans all branches of the federal government with deeply
rooted connections in every agency,department, and throughout Congress and its committees.
We believe our combined federal knowledge and experience within Congress and the
Administration gives our clients the greatest solutions to their issues.The following is a detailed
description of some of our major achievements for local governments in areas of interest to the
City:
CITY OF MIAMI BEACH
Ballard Partners successfully advocated on behalf of its client, the City of Miami Beach, to
secure a $7.65 million appropriation for Mt. Sinai Medical Hospital.The requested funds for
this project will go towards resiliency improvements that the city of Miami Beach needs to
continue to safely serve its 10,000,000+ annual visitors and protect the lives of patients,
hospital staff and local residents in times of severe weather emergencies.
CITY OF PENSACOLA
The Firm was successful in helping secure a $56 million-dollar Triumph grant (in the post
earmark climate) to Pensacola International Airport for an economic development project.
Triumph Gulf Coast, Inc. is a nonprofit corporation conceived by the Florida Legislature to
create and administer a program to assist with the economic recovery of eight counties(Bay,
Escambia, Franklin, Gulf, Okaloosa, Santa Rosa, Walton, and Wakulla) that were
disproportionately affected by the 2010 Deepwater Horizon oil spill. The nonprofit assists
businesses,individuals,and local governments in diversifying their economies.The grant from
Triumph Gulf Coast to the Pensacola International Airport is the largest awarded grant that
the group has allocated to date. The airport expansion includes three additional hangars, a
warehouse,and an administrative office building.The project is expected to create 1,325 jobs.
CITY OF NASHVILLE
For several years, Nashville Metro staff has waited for the Federal Emergency Management
Agency (FEMA) to release $9,256,712 in hazard mitigation funding for the Dry Creek
Wastewater Treatment Plant.The plant sustained significant flood damage during the historic
flooding event of May 2010.The funding was approved in 2019,but FEMA had not conducted
its environmental review. The delay jeopardized the hazard mitigation dollars due to federal
time constraints placed on the funding.
The Firm contacted the White House and FEMA to kickstart the review process, and to
establish a new line of communication with Metro staff. As a result, FEMA contacted Metro
staff to review the status of the hazard mitigation funding, and to restart the process towards
the disbursement of these federal dollars.
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LEE COUNTY
In the months following the storm,Congress failed to designate Hurricane Ian as a "qualified
disaster."This put a hard cap on what an individual can claim as disaster losses on their 2022
taxes, no matter what kind of loss they suffered. This was tremendously problematic for
coastal residents,who had near total, and high property values.
Working with Senator Scott and Congressmen Buchanan and Donalds, we were able to get
the IRS to issue a memo removing the hard cap on losses. The IRS allowed people to claim
disaster-related casualty losses on their tax returns if they are in federally declared disaster
areas,even though there was no specific designation from Congress.
Since that time Senator Scott and Donalds have also introduced legislation to correct this
problem in Federal law.
MIAMI-DADE COUNTY PUBLIC SCHOOLS
The Firm represents Miami-Dade County Public Schools before Congress and the
Administration.During this engagement we have been successful in helping the school district
secure millions of federal dollars for technology, infrastructure, student services and
personnel services.This was particularly important at the height of the pandemic.The Firm's
team also helped the school district secure funding to improve school health, safety, and
mental health services for students with training of teachers and support personnel such as
psychologists, school social workers, counselors, school nurses, and/or emergency medical
personnel.
MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS
Martin County has numerous maintenance agreements on various equipment to ensure
proper inspections, servicing, etc.are being done to prevent an impact on operations. During
an attempt to renew the existing maintenance agreement for the Uninterruptable Power
Supply (UPS) for the Computer Aided Dispatch (CAD) system located at the Public Safety
Complex (PSC), staff was made aware by the vendor that the existing UPS installed in 2006
was at the end of its life and could no longer be supported, parts are no longer available for
that model, therefore the maintenance agreement was not renewed.
Ballard Partners was successful in getting three quarters of a million dollars in the FY 2023
Homeland Security bill to replace the UPS at the Emergency Operations Center.
CITY OF JACKSONVILLE
The Firm represented the City of Jacksonville before the Congress and the Administration.We
successfully aided the City of Jacksonville secure pandemic and disaster relief funding from
the federal government. During the FY 23 appropriations cycle we helped secure over $6.7
million in new funding for the City to assist with its sewer to septic tank project in the urban
core.
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OKALOOSA COUNTY
The Firm represents Okaloosa County before the Congress and the Administration.During this
engagement, the firm has been successful in helping the County recover more than $13
million in reimbursement from FEMA after federal disasters.
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TAB 3
Approach and Methodology
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3.0 Approach and Methodology
Ballard Partners represents an extensive client list and we have been privileged to represent a
number of diverse clients for over two decades, working in partnership to achieve many
successes. The focus of the Firm's services includes the advocacy for passage and defeat of
legislation, policy, and appropriations relevant to the client.These accomplishments require our
lobbying team to work closely with House and Senate leaders, budget chairs, key congressional
members and their staff, and the White House.
We believe that a team approach allows us to provide quality service to our clients with the
flexibility, communication, and transparency necessary to respond to issues quickly and
efficiently, and to be accountable to our clients. The team will work in partnership to maximize
their collective skills and relationships across all levels of government in realization of the City's
objectives.
The team will work with City personnel to outline specific project goals and priorities. Once
priorities and goals are established, we will assist the City in developing the annual legislative
agenda. We will then develop and communicate an approach for accomplishing those legislative,
budgetary,and policy needs.We will immediately begin to implement the strategy by identifying
and working with key legislators and legislative committee staff. We will also maintain an active
and ongoing engagement with appropriate local leadership,as well as key committee chairs, key
policymakers, and staff of the legislative and executive branches. We will communicate any
potential conflicts of interest that may arise, as well as any opportunities for collaboration with
other local governments or stakeholders.
We are well-versed in the appropriations process and have demonstrated success in this area
year after year. Our team will assist the City with their annual budgetary requests as part of the
overall legislative agenda and will provide support in obtaining House and Senate support from
legislative "Champions" and following the process all the way through to the Executive Office of
the President.
We will facilitate meetings with key members of relevant committees as well as with legislative
leadership, agency officials and other public office holders to communicate the interests and
priorities of the City. Additionally, the Firm will assist the City in developing and strengthening
relationships with leadership locally, statewide and in Washington D.C.&T,Ile.team is well versed
in the political arena and can effectively advocate for the City.
Client communication is critical in the process as issues may evolve and change quickly. As well
as frequent informal communications,the Firm will provide periodic written progress reports, as
agreed upon,on issues of interest or concern to the City.We will provide updates,to include the
City's preferred content such as bill numbers, authors, subject, status, amendments, and
evaluations of potential impacts of pending bills that are pertinent to the interests of the City.
We will provide the required monthly reports, along with any supplemental reports, each with
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varying degrees of detail, all at the discretion of the City's needs, to enumerate our advocacy
activities and outcomes on behalf of the City.
We are passionate,persuasive advocates who maximize results for the clients we serve. We have
reviewed the City's Statement of Work Required and are confident that Ballard Partners can
continue to provide the meaningful,comprehensive representation required to advance the City's
projects, policies and programs at the federal level.
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