HomeMy Public PortalAbout2023 Capital_City_Co
Contract No. _______________________ Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE VILLAGE OF KEY BISCAYNE
AND
CAPITAL CITY CONSULTING, LLC
THIS AGREEMENT (this “Agreement”) is made effective as of the day of
, 2023 (the “Effective Date”), by and between the VILLAGE OF
KEY BISCAYNE, FLORIDA, a Florida municipal corporation, (the “Village”), and CAPITAL
CITY CONSULTING, LLC, a Florida Limited Liability Company
(hereinafter, the “Consultant”).
WHEREAS, the Village desires to engage a qualified lobbying consultant to represent and
advance the Village’s goals and interests in connection with infrastructure, mitigation, and
emergency response and recovery efforts, all as set forth in greater detail in the Scope of Services
attached hereto as Exhibit “A” (the “Services”); and
WHEREAS, the Consultant has agreed to provide the Village with the Services before the
executive branch of the State of Florida (including the Florida Division of Emergency
Management (“FDEM”)), the Federal Emergency Management Agency (“FEMA”), and other
similar governmental emergency management and disaster recovery agencies, departments, or
boards; and
WHEREAS, the Consultant and Village, through mutual negotiation, have agreed upon a
flat rate, lump sum fee for the Services in the amount of $13,000.00; and
WHEREAS, the Village desires to engage the Consultant to perform the Services and
provide the Deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Consultant and the Village agree as follows:
1. Scope of Services.
1.1. Consultant shall provide the Services on behalf of the Village before the executive branch
of the State of Florida (including FDEM), FEMA, and other similar governmental
emergency management and disaster recovery agencies, departments, or boards, all as set
forth in greater detail in the Scope of Services attached Exhibit “A” which is incorporated
herein by reference.
1.2. Consultant shall furnish all reports, documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
“Deliverables”) to the Village.
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2. Term/Commencement Date.
2.1. The term of this Agreement shall remain in effect from the Effective Date through June
30, 2024 thereafter, unless earlier terminated in accordance with Paragraph 8.
2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services
within the term of this Agreement, unless extended by the Village Manager.
3. Compensation and Payment.
3.1. Consultant shall be compensated a flat rate, lump sum fee in the amount of $10,000.00 for
the provision of the Services before the executive branch of the State of Florida and
$3,000.00 for the provision of the Services before FEMA and such other similar
governmental emergency management and disaster recovery agencies, departments, or
boards, for a total amount not to exceed $13,000.00.
3.2. Consultant shall deliver an invoice to Village no more often than once per month detailing
Services completed and the amount due to Consultant under this Agreement. Fees shall be
paid in arrears each month, pursuant to Consultant’s invoice, which shall be based upon the
percentage of work completed for each task invoiced. The Village shall pay the Consultant
in accordance with the Florida Prompt Payment Act after approval and acceptance of the
Services by the Village Manager.
3.3. Contractor’s invoices must contain the following information for prompt payment:
3.3.1. Name and address of the Consultant;
3.3.2. Purchase Order number;
3.3.3. Contract number;
3.3.4. Date of invoice;
3.3.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers
will be rejected);
3.3.6. Name and type of Services;
3.3.7. Timeframe covered by the invoice; and
3.3.8. Total value of invoice.
Failure to include the above information will result in the delay of payment or rejection of
the invoice. All invoices must be submitted electronically to payables@keybiscayne.fl.gov.
4. Subconsultants.
4.1. The Consultant shall be responsible for all payments to any subconsultants and shall
maintain responsibility for all work related to the Services.
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4.2. Consultant may only utilize the services of a particular subconsultant with the prior written
approval of the Village Manager, which approval may be granted or withheld in the
Village Manager’s sole and absolute discretion.
5. Village’s Responsibilities.
5.1. Village shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the Village,
and provide criteria requested by Consultant to assist Consultant in performing the
Services.
5.2. Upon Consultant’s request, Village shall reasonably cooperate in arranging access to
public information that may be required for Consultant to perform the Services.
6. Consultant’s Responsibilities; Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion of this Agreement, it is determined that the Consultant’s Deliverables
or Services are incorrect, not properly rendered, defective, or fail to conform to Village
requests, the Consultant shall at Consultant’s sole expense, immediately correct its
Deliverables or Services.
6.2. The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws applicable to and necessary to perform the
Services for Village as an independent contractor of the Village. Consultant further warrants
and represents that it has the required knowledge, expertise, and experience to perform the
Services and carry out its obligations under this Agreement in a professional and first class
manner.
6.3. The Consultant represents that it is an entity validly existing and in good standing under
the laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the Village.
7.2. The Consultant shall not be prohibited from representing or providing like services to
persons or entities other than the Village so long as the Consultant shall avoid any
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representation or relation which would create an adversarial position or conflict of interest,
as first determined by the Village Attorney and Village Council.
7.3. The Consultant shall not take on any client or matter that would jeopardize the
Consultant’s ability to devote the time, resources and efforts necessary to fulfill its
obligations to the Village.
8. Termination.
8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar
days’ written notice to the Consultant, or immediately with cause.
8.2. Upon receipt of the Village's written notice of termination, Consultant shall immediately
stop rendering Services unless directed otherwise by the Village Manager.
8.3. In the event of termination by the Village, the Village shall be obligated to compensate
the Consultant only for the pro-rated monthly compensation incurred up to the date of
termination, provided that the Consultant has first complied with the provisions of
Paragraph 8.4.
8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps,
and data pertaining to the Services and the project to the Village, in a hard copy and
electronic format within fourteen (14) days from the date of the written notice of
termination or the date of expiration of this Agreement.
9. Insurance.
9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance
of such types and in such amounts not less than those specified below as satisfactory to
Village, naming the Village as an Additional Insured, underwritten by a firm rated A-X or
better by A.M. Best and qualified to do business in the State of Florida. The insurance
coverage shall be primary insurance with respect to the Village, its officials, employees,
agents, and volunteers naming the Village as additional insured. Any insurance maintained
by the Village shall be in excess of the Consultant’s insurance and shall not contribute to
the Consultant’s insurance. The insurance coverages shall include at a minimum the
amounts set forth in this section and may be increased by the Village as it deems necessary
or prudent.
9.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property under
the care, custody and control of Consultant. The General Aggregate Liability limit
and the Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
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policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontractor or agent of the Consultant shall be allowed
to provide Services pursuant to this Agreement who is not covered by Worker’s
Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village,
reflecting the Village as an Additional Insured (except with respect to Professional
Liability Insurance and Worker’s Compensation Insurance), no later than ten (10) days
after award of this Agreement and prior to the execution of this Agreement by Village and
prior to commencing Services. Each certificate shall include no less than (30) thirty-day
advance written notice to Village prior to cancellation, termination, or material alteration
of said policies or insurance. The Consultant shall be responsible for assuring that the
insurance certificates required by this Section remain in full force and effect for the
duration of this Agreement, including any extensions or renewals that may be granted by
the Village. The Certificates of Insurance shall not only name the types of policy(ies)
provided, but also shall refer specifically to this Agreement and shall state that such
insurance is as required by this Agreement. The Village reserves the right to inspect and
return a certified copy of such policies, upon written request by the Village. If a policy is
due to expire prior to the completion of the Services, renewal Certificates of Insurance
shall be furnished thirty (30) calendar days prior to the date of their policy expiration.
Each policy certificate shall be endorsed with a provision that not less than thirty (30)
calendar days’ written notice shall be provided to the Village before any policy or
coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval
of the Village.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker’s
Compensation Insurance, the Village is to be specifically included as an Additional
Insured for the liability of the Village resulting from Services performed by or on behalf
of the Consultant in performance of this Agreement. The Consultant’s insurance,
including that applicable to the Village as an Additional Insured, shall apply on a primary
basis and any other insurance maintained by the Village shall be in excess of and shall not
contribute to the Consultant’s insurance. The Consultant’s insurance shall contain a
severability of interest provision providing that, except with respect to the total limits of
liability, the insurance shall apply to each Insured or Additional Insured (for applicable
policies) in the same manner as if separate policies had been issued to each.
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9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be
reasonably approved by the Village. The Consultant shall be responsible for the payment
of any deductible or self-insured retentions in the event of any claim.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate
against any of its employees or applicants for employment because of their race, color, religion,
sex, or national origin, and will abide by all Federal and State laws regarding
nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys’ fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses charged
for representation at both the trial and appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1. Consultant shall indemnify and hold harmless the Village, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, arising from Consultant’s performance or non-
performance of any provision of this Agreement, including, but not limited to, liabilities
arising from contracts between the Consultant and third parties made pursuant to this
Agreement. Consultant shall reimburse the Village for all its expenses including
reasonable attorneys’ fees and costs incurred in and about the defense of any such claim
or investigation and for any judgment or damages arising from Consultant’s performance
or non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the
Village nor shall anything included herein be construed as consent to be sued by third
parties in any matter arising out of this Agreement or any other contract. The Village is
subject to section 768.28, Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
service, addressed to the parties (or their successors) at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
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14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida, or, if in Federal Court,
the Southern District of Florida.
15. Entire Agreement/Modification/Amendment.
15.1. This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this
document.
16. Ownership and Access to Records and Audits.
16.1. Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the Village which are conceived, developed or made by Consultant during the term of this
Agreement (“Work Product”) belong to the Village. Consultant shall promptly disclose
such Work Product to the Village and perform all actions reasonably requested by the
Village (whether during or after the term of this Agreement) to establish and confirm such
ownership (including, without limitation, assignments, powers of attorney and other
instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant’s possession
or control in connection with Consultant’s performance under this Agreement. The Village
Manager or her designee shall, during the term of this Agreement and for a period of three
(3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any records of the Consultant involving transactions related to this
Agreement. Consultant additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. Consultant shall 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 Agreement, and following
completion of the Agreement until the records are transferred to the Village.
16.3. Upon request from the Village’s custodian of public records, Consultant shall
provide the Village 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 by Chapter 119, Florida Statutes, or as otherwise provided by law.
16.4. Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the Village.
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16.5. Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the Village Manager, at no cost to the Village,
within seven (7) days. All such records stored electronically by Consultant shall be
delivered to the Village in a format that is compatible with the Village’s information
technology systems. Once the public records have been delivered upon completion or
termination of this Agreement, the Consultant shall destroy any and all duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements.
16.6. Any compensation due to Consultant shall be withheld until all records are received
as provided herein.
16.7. Consultant’s failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the Village.
16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. 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.
Custodian of Records: Jocelyn B. Koch
Mailing address: 88 West McIntyre Street
Key Biscayne, FL 33149
Telephone number: 305-365-5506
Email: jkoch@keybiscayne.fl.gov
17. Nonassignability, Non-Exclusivity.
17.1. This Agreement shall not be assignable by Consultant unless such assignment is
first approved by the Village Manager. The Village is relying upon the apparent
qualifications and expertise of the Consultant, and such firm’s familiarity with the
Village’s area, circumstances and desires. Specifically, the Village is relying upon Jim
Davenport, who is designated by the Consultant as the primary point of contact and
principal performer of the Services under this Agreement. In the event that the
aforementioned individual can no longer perform the Services under this Agreement, this
Agreement shall automatically terminate.
17.2. The Consultant hereby acknowledges that this Agreement is non-exclusive as to the
Services being provided and generally any lobbying the Village may have done on its
behalf. The Village reserves the right to hire one or more additional individuals and/or
firms to represent its interests and otherwise provide lobbying consulting services before
the federal government. So as to maximize the benefit to the Village, the Village Manager
and/or designee shall coordinate representation effort by multiple lobbying professionals.
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18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the Village with respect
to all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services under this
Agreement, and in particular shall obtain all required permits from all jurisdictional agencies
to perform the Services under this Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation, breach
or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed and
shall be fully enforceable by either party.
23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee working
solely for the Consultant, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the Village requires
all contractors doing business with the Village to register with and use the E-Verify system to
verify the work authorization status of all newly hired employees. The Village will not enter
into a contract unless each party to the contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
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how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please
visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-
in-e-verify. By entering into this Agreement, the Contractor acknowledges that it has read
Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by
Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits
from subcontractors; and has executed the required affidavit attached hereto and incorporated
herein.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year as first stated above.
VILLAGE OF KEY BISCAYNE
By:
Steven C. Williamson
Village Manager
Attest:
By:
Jocelyn B. Koch
Village Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
Village Attorney
Addresses for Notice:
Village of Key Biscayne
Attn: Village Manager
88 West McIntyre Street
Key Biscayne, FL 33149
305-365-5514 (telephone)
305-365-8936 (facsimile)
swilliamson@keybiscayne.fl.gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Chad Friedman, Esq.
Village of Key Biscayne Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 33134
cfriedman@wsh-law.com (email)
CAPITAL CITY CONSULTING, LLC
By:
Name:
Title:
Entity:
Addresses for Notice:
(telephone)
(facsimile)
(email)
With a copy to:
(telephone)
(facsimile)
(email)
Jared Rosenstein
Partner
Capital City Consulting, LLC
Jared Rosenstein
124 W. Jefferson Street
Tallahassee, FL 32301
(850) 222-9075
Jared@cccfla.com
Breannah Goodson
124. W Jefferson Street
Tallahassee, FL 32301
(850) 222-9075
Breannah@cccfla.com
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Contract No. ______________________ Exhibit A: Scope of Services
EXHIBIT A
SCOPE OF SERVICES
The Village of Key Biscayne (“Village”) desires to engage a qualified lobbying consultant to
represent and advance the Village’s goal, objectives and interests (the “Services”) before the
executive branch of the State of Florida, especially the Florida Division of Emergency
management (“FDEM”), the Federal Emergency Management Agency (“FEMA”), and other
similar governmental emergency management and disaster recovery agencies, departments, or
boards. The Scope of Services to be provided to the Village shall include:
1. Developing and executing a government relations plan of action to represent the Village
before the executive branch of the State of Florida, especially FDEM, FEMA, and other
similar governmental emergency management agencies, departments, or boards to support
the Village’s interests and goals in connection with infrastructure, mitigation, and
emergency response and recovery efforts.
2. Assisting the Village in resolving and recuperating outstanding reimbursement requests
submitted to FDEM and/or FEMA, including requests submitted under the FEMA Public
Assistance Grant Program.
3. Supporting the Village throughout the emergency response and recovery coordination
process prior to and after submission of reimbursement requests to FDEM and FEMA, as
applicable, including reimbursement requests made in connection with the FEMA Public
Assistance Grant Program.
4. Providing grant coordination, execution, administration, and support services for Hazard
Mitigation Grant Program (HMGP) grants and similar infrastructure, mitigation, and
emergency response and/or recovery grants.
5. Advocating for the implementation, renewal, and expansion of infrastructure, mitigation,
and emergency response and recovery grants before Florida executive officials, including,
but not limited to, the Sargassum Seaweed Matching Grant Program and the Biscayne Bay
Water Quality Improvement Grant Program.
6. Facilitating meetings with key officials of the Florida executive branch, including the
Governor’s Office and FDEM, and FEMA to strengthen relationships and keep them aware
of the Village’s current and projected interests and goals.
7. Providing expertise and input on strategies for the Village to implement and pursue its
interests and goals in a professional and image conscious manner.
8. If requested, facilitating, coaching, and preparing the Village for meetings and
communicating with relevant State and/or FEMA officials, staff, and leadership in
connection with the Village’s interests and goals.
9. Representing and advocating for the Village’s interests and positions before State executive
branch, including FDEM, and FEMA to facilitate the Village’s desired outcomes.
10. Monitoring legislative and regulatory changes that may affect the Village’s goals and
interests, and informing and assisting the Village in making necessary tactical or technical
moves and/or changes to influence desired outcomes for the Village.
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