HomeMy WebLinkAboutDocumentation_Regular_Tab 15_8/10/2023Agenda Item #15.
Regular Council
STAFF MEMO
Meeting: Regular Council - Aug 10 2023
Staff Contact: Keith Davis, Village Attorney Department: Legal
m
Consider Approval of Agreement for Professional Lobbying Services with The P5 Group, LLC
The agreement is to provide the Village with a lobbyist who will consult and advise, as requested by
the Village, on all proposed or pending legislation before the Florida Senate and/or Florida House of
Representatives in regular session, special sessions, or committee, as well as regulatory or funding
matters before the Governor of Florida, the Governor's Cabinet, Florida State agencies, and/or any
other public bodies of the State of Florida on an "as needed" basis as determined in the sole discretion
of the Village of Tequesta, including but not limited to:
a. Closely monitor legislative, regulatory, and policy actions by the State of Florida through
interaction with legislative leadership, House and Senate members and their professional staff;
and
b. Advocate to key legislators and professional staff on issues important to the VILLAGE as
directed by the VILLAGE through the Village Manager or Village Council; and
c. Plan and coordinate meetings on behalf of the Village Manager and Village Council with key
legislators and key professional staff; and
d. Provide regular consultation and communication with the Village Manager and / or Village
Council as requested by the Village Manager or the Village Council.
e. Work on other defined Village projects as agreed by the parties.
f. Lobbyist has represented to the Village that Mr. Ken Pruitt will serve as the lobbyist to perform
the scope of services contemplated by this Agreement, and the Village relies upon that
representation as inducement and consideration for entering into this Agreement. If at any time
Ken Pruitt will no longer serve as the lobbyist to perform the scope of services contemplated by
this Agreement, then the Village may terminate this Agreement immediately notwithstanding the
termination provisions of Section 4. of the agreement.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
0443.
BUDGET AMOUNT $70,000 AMOUNT AVAILABLE EXPENDITURE AMOUNT:
$70,000 $70,000
FUNDING SOURCES: 001-160-534.300 IS THIS A PIGGYBACK:
Page 228 of 250
Agenda Item #15.
❑ Yes 0 N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes 0 N/A
COMMENTS/EXPLANATION ON SELECTIONN/A
Professional Services Agreement - Pruitt Lobbying Services Teg
Page 229 of 250
Agenda Item #15.
VILLAGE OF TEQUESTA
AGREEMENT FOR PROFESSIONAL LOBBYING SERVICES
This Agreement for Professional Lobbying Services is entered into this day of August
2023, effective immediately upon execution by both parties, by and between The P5 Group, LLC.,
a Florida limited liability company with offices located at 2835 Sherry Brook Lane, Lutz, Florida
33559, hereinafter referred to as the "LOBBYIST" and the Village of Tequesta 345 Tequesta Drive,
Tequesta, Florida 33469, hereinafter referred to as the "VILLAGE".
WITNESSETH
The VILLAGE and the LOBBYIST in consideration of the mutual covenants contained herein and
for other good and valuable consideration, the receipt and value of which is hereby acknowledged
by both parties hereby agree as follows:
1. SCOPE OF SERVICES: The LOBBYIST shall consult and advise, as requested by
the VILLAGE, on all proposed or pending legislation before the Florida Senate and / or Florida
House of Representatives in regular session, special session, or committee, as well as regulatory
or funding matters before the Governor of Florida, the Governor's Cabinet, Florida State agencies,
and / or any other public bodies of the State of Florida on an "as needed" basis as determined in
the sole discretion of the VILLAGE, including, but not limited to:
a. Closely monitor legislative, regulatory, and policy actions by the State of Florida
through interaction with legislative leadership, House and Senate members and their
professional staff; and
b. Advocate to key legislators and professional staff on issues important to the VILLAGE
as directed by the VILLAGE through the Village Manager or Village Council; and
c. Plan and coordinate meetings on behalf of the Village Manager and Village Council
with key legislators and key professional staff; and
d. Provide regular consultation and communication with the Village Manager and / or
Village Council as requested by the Village Manager or the Village Council.
e. Work on other defined VILLAGE projects as agreed by the parties.
f. LOBBYIST has represented to the VILLAGE that Mr. Ken Pruitt will serve as the
lobbyist to perform the scope of services contemplated by this Agreement, and the
VILLAGE relies upon that representation as inducement and consideration for entering
into this Agreement. If at any time Ken Pruitt will no longer serve as the lobbyist to
perform the scope of services contemplated by this Agreement, then the VILLAGE
may terminate this Agreement immediately notwithstanding the termination provisions
of Section 4. below.
Page 1 of 7
Page 230 of 250
Agenda Item #15.
2 STANDARD OF CARE: The standard of care for all services performed or
furnished by the LOBBYIST shall be performed to comparable professional standards in the field
by skilled and competent personnel. LOBBYIST hereby represents and warrants that it has and will
continue to maintain any required lobbyist registrations, licenses and certification required to
conduct business and will at all times conduct business activities in a reputable manner.
3 INDEPENDENT CONTRACTOR: The LOBBYIST will perform required services on
an independent contractor basis and shall be solely responsible for payroll taxes to include, but not
be limited to Federal Income Withholding Tax, Workers' Compensation, FICA, and Federal and
State Unemployment taxes. The LOBBYIST shall provide verification to the VILLAGE of all
required federal, state, county and local licenses and registrations to be used by the LOBBYIST,
prior to the commencement of any work or the provision of any services hereunder.
4 TERM: RENEWAL: TERMINATION: This Agreement has a term of one year (12
months) upon being executed by both parties, and upon the LOBBYIST securing the bill
sponsorships and projects as directed by the VILLAGE from the VILLAGE'S legislative delegation.
At the conclusion of the one year term the Agreement shall continue on a month to month basis
under the same terms and conditions, until either renewed upon mutual agreement of the parties,
or terminated by either party. In addition to the right of the VILLAGE to terminate this Agreement
immediately as set forth in Section 1.f. above, either party may terminate this Agreement at any
time with 30 days written notice via certified mail or hand delivery to the other party pursuant to
Section 9. below. Upon such termination, the LOBBYIST shall immediately deliver all documents,
written information and other materials pertaining to the services provided hereunder to the
VILLAGE and shall cooperate in the transition of its duties to appropriate parties at the direction of
the VILLAGE. The LOBBYIST shall further assure that its work responsibilities are not
compromised and shall maintain the highest standards of ethics during such transition period.
a COMPENSATION: The VILLAGE agrees to pay the LOBBYIST for all services
performed pursuant to this Agreement at the rate of Five Thousand Dollars ($5,000.00) per month.
6: SCHEDULE OF PAYMENT: The VILLAGE shall pay the LOBBYIST within 30
days of receipt of an invoice for services rendered during the previous month.
7. INDEMNIFICATION: LOBBYIST shall indemnify, hold harmless, and defend the
VILLAGE, its agents, servants, and employees from and against any and all claims, liability,
losses, and / or other causes of actions (excluding attorney's fees) which may arise by virtue of
any intentional or negligent act or omission of LOBBYIST in performance of the services
contemplated by this Agreement.
Page 2 of 7
Page 231 of 250
Agenda Item #15.
a REPRESENTATIONS. WARRANTIES AND COVENANTS: The LOBBYIST hereby
represents and warrants to the VILLAGE that:
a. It is duly licensed to perform the services contemplated by this Agreement;
b. It is aware of the conflict -of -interest laws of the VILLAGE and of the State of Florida,
and covenants that the LOBBYIST, and its employees and agents, will fully comply in
all material aspects with the terms of said laws;
c. It has full power and authority to enter this Agreement and fully perform its obligations
hereunder without the need for any further corporate consents or approvals, and that
the person executing this Agreement is authorized to execute and deliver it; and
d. This Agreement, upon execution, will constitute a valid and binding agreement,
enforceable against the LOBBYIST in accordance with its terms.
a NOTICE: Notice as required in and by this Agreement shall be sufficient when
sent by certified mail or hand delivered to the parties at the following addresses:
VILLAGE
LOBBYIST
Village of Tequesta
The P5 Group, LLC
345 Tequesta Drive
2835 Sherry Brook Lane
Tequesta, Florida 33469
Lutz, Florida 33559
Attn: Village Manager
Attn: Ken Pruitt
10. NON -ASSIGNMENT: The LOBBYIST shall not transfer or assign the performance
of services called for in the Agreement without prior written consent of the VILLAGE, which
consent may be withheld by the VILLAGE for any or no reason, at the VILLAGE'S sole discretion.
11. INSPECTION OF RECORDS: All of the LOBBYIST'S books and records, as they
relate to the compensation paid under this Agreement, must be made available for inspection
and/or audits by the VILLAGE, and any other organization conducting reviews for the VILLAGE,
upon reasonable notice, throughout the term of the Agreement, or any renewal thereof. In
addition, the LOBBYIST must retain all records concerning the compensation paid hereunder in
proper order for a minimum of three (3) years following the expiration of the Agreement. The
VILLAGE shall have access to such books, records, and documents as required in this section for
the purpose of inspection or audit during the three (3) year period. This section shall survive the
term of this Agreement, or any renewal thereof.
12 OWNERSHIP OF DOCUMENTS: Any and all documents, records, disks, original
drawings, or other information generated or created by LOBBYIST for the provision of services
under this Agreement shall become the property of the VILLAGE for its use and/or distribution
as may be deemed appropriate by the VILLAGE.
Page 3 of 7
Page 232 of 250
Agenda Item #15.
13. GOVERNING LAW, VENUE: This Agreement shall be construed and interpreted,
and the rights of the parties determined in accordance with Florida law. The parties submit to the
jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper
venue for any dispute concerning this Agreement shall be Palm Beach County, Florida, or the
Federal Southern District of Florida. The LOBBYIST agrees to waive all defenses to any suit filed
in Florida based upon improper venue or forum non-conveniens.
14, LITIGATION: In the event suit is filed to construe or enforce this Agreement, the
parties expressly agree that each party will bear its own attorney's fees and costs incurred in
connection therewith.
15. WAIVER: Any party's failure to enforce strict performance of any covenant, term,
condition, promise, agreement or undertaking set forth in this Agreement shall not be construed
as a waiver or relinquishment of any other covenant, term, condition, promise, agreement or
undertaking set forth herein, or waiver or relinquishment of the same covenant, term, condition,
promise, agreement or undertaking at any time in the future.
16. SEVERABILITY: The invalidity or unenforceability of any provision of this
Agreement shall not affect the validity or enforceability or any other provision of this Agreement
and this Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision is not contained herein.
17. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County
Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters,
review and audit municipal contracts and other transactions, and make reports and
recommendations to municipal governing bodies based on such audits, reviews or investigations.
All parties doing business with the VILLAGE shall fully cooperate with the inspector general in the
exercise of the inspector general's functions, authority and power. The inspector general has the
power to take sworn statements, require the production of records and to audit, monitor,
investigate and inspect the activities of the VILLAGE, as well as the LOBBYIST in order to detect,
deter, prevent and eradicate fraud, waste, mismanagement, misconduct and abuses.
la E-VERIFY ELIGIBILITY: LOBBYIST warrants and represents that it is in
compliance with Section 448.095, Florida Statutes, as may be amended. LOBBYIST shall: (1)
register with and use the E-Verify System (E-Verify.gov) to electronically verify the employment
eligibility of all newly hired workers; and (2) verify that all of the LOBBYIST'S subconsultants
performing the duties and obligations of this Agreement are registered with and use the E-Verify
System to electronically verify the employment eligibility of all newly hired workers. LOBBYIST
shall obtain from each of its subconsultants an affidavit stating that the subconsultant does not
employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in Section
Page 4 of 7
Page 233 of 250
Agenda Item #15.
448.095(1)(k), Florida Statutes, as may be amended. LOBBYIST shall maintain a copy of any
such affidavit from a subconsultant for, at a minimum, the duration of the subcontract and any
extension thereof. This provision shall not supersede any provision of this Agreement which
requires a longer retention period. The VILLAGE shall terminate this Agreement in accordance
with Section 4. above if it has a good faith belief that LOBBYIST has knowingly violated Section
448.09(1), Florida Statutes, as may be amended. If LOBBYIST has a good faith belief that
LOBBYIST'S subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be
amended, the VILLAGE shall notify LOBBYIST to terminate its contract with the subconsultant and
LOBBYIST shall immediately terminate its contract with the subconsultant. In the event of such
contract termination, LOBBYIST shall be liable for any additional costs incurred by the VILLAGE as
a result of the termination.
19. PUBLIC RECORDS: In accordance with Sec. 119.0701, Florida Statutes, the
LOBBYIST must keep and maintain this Agreement and any other records associated therewith
and that are associated with the performance of the work described herein. Upon request from the
VILLAGE'S custodian of public records, the LOBBYIST must provide the VILLAGE with copies of
requested records, or allow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119, Florida Statutes. Should
LOBBYIST fail to provide the public records to the VILLAGE or fail to make them available for
inspection or copying, within a reasonable time, LOBBYIST may be subject to attorney's fees and
costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, the LOBBYIST shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described herein are not
disclosed except as authorized by law for the duration of the Agreement term, and following
completion of the Agreement if the LOBBYIST does not transfer the records to the VILLAGE.
Finally, upon completion of the Agreement, the LOBBYIST shall transfer, at no cost to the
VILLAGE, all public records in possession of the LOBBYIST, or keep and maintain public records
required by the VILLAGE. If the LOBBYIST transfers all public records to the VILLAGE upon
completion of the Agreement, the LOBBYIST shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the LOBBYIST
keeps and maintains public records upon completion of the Agreement, the LOBBYIST shall meet
all applicable requirements for retaining public records. Records that are stored electronically must
be provided to the VILLAGE, upon request from the VILLAGE'S custodian of public records, in a
format that is compatible with the VILLAGE'S information technology systems.
Page 5 of 7
Page 234 of 250
Agenda Item #15.
IF THE LOBBYIST HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE LOBBYIST'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE
VILLAGE, AT (561) 768-0443, OR TO
ImcwiIIiams(a_teguesta.org, OR AT 345 TEQUESTA DRIVE,
TEQUESTA, FLORIDA 33469.
20. PUBLIC ENTITIES CRIMES: As provided in Sections 287.132-133, Florida
Statutes, by entering into this Agreement or performing any work in furtherance hereof, the
CONSULTANT certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within the thirty-six (36) months immediately
preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes.
21. SCRUTINIZED COMPANIES: For Contracts under $1 M, LOBBYIST certifies that it
is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,
Florida Statutes, and that it is not engaged in a boycott of Israel. The VILLAGE may terminate this
Agreement at the VILLAGE'S option in accordance with Section 4. above if the LOBBYIST is found
to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, if
LOBBYIST has been placed on the Scrutinized Companies that Boycott Israel List created
pursuant to Section 215.4725, Florida Statutes, or if LOBBYIST is engaged in a boycott of Israel.
For Contracts over $1M, LOBBYIST certifies that it is not on the Scrutinized Companies with
Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Section
215.4725, Florida Statutes. LOBBYIST further certifies that it is not engaged in a boycott of Israel,
and that it does not have business operations in Cuba or Syria, as similarly provided in Section
287.135, Florida Statutes. The VILLAGE may terminate this Agreement at the VILLAGE'S option
in accordance with Section 4. above if the LOBBYIST is found to have submitted a false
certification as provided under Section 287.135(5), Florida Statutes, or if LOBBYIST has been
placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes.
Additionally, the VILLAGE may terminate this Agreement at the VILLAGE'S option in accordance
with Section 4. above if the LOBBYIST is engaged in a boycott of Israel or has been engaged in
business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes.
Page 6 of 7
Page 235 of 250
Agenda Item #15.
22 ENTIRE AGREEMENT: This seven (7) page Agreement, together with any
required licenses, registrations and insurance policies constitutes the entire agreement between
the parties; no modification shall be made to this Agreement unless such modification is in writing,
agreed to by both parties and attached hereto as an addendum to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
WITNESS:
ATTEST:
Lori McWilliams, MMC, Village Clerk
THE P5 GROUP, LLC
KEN PRUITT, Managing Member
VILLAGE OF TEQUESTA
JEREMY ALLEN, Village Manager
Page 7 of 7
Page 236 of 250