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AGREEMENT FOR PROFESSIONAL LOBBYING SERVICES
The following is an Agreement between MARTIN COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as “COUNTY,” and TIMMINS CONSULTING, LLC,
hereinafter referred to as “CONTRACTOR.”
WHEREAS, CONTRACTOR has duly qualified experts in the field of state lobbying
services in support of Martin County programs; and
WHEREAS, in the judgment of the Martin County Board of County Commissioners, it is
necessary and desirable to employ the services of CONTRACTOR to assist the County with its
legislative plan and strategy for various state agency and legislative matters focusing on coastal
issues.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
PART I – SPECIAL PROVISIONS
1. SCOPE OF SERVICES: CONTRACTOR shall provide representation of the Martin County
Board of County Commissioners before the Florida Legislature and state agencies; secure
funding for coastal programs and projects which have been identified by the County as
priorities, including proactive identification of new funding opportunities; work closely with
the County Administrator and County staff in researching current issues and providing
background information; coordinate with Martin County’s Legislative Delegation in gaining
support for the County’s State Agenda; assist in drafting appropriate correspondence,
scheduling briefings and meetings, and identifying key state contacts; provide technical
assistance and guidance to the County’s Legislative Liaison in correspondence and reports;
identify key Legislative contacts relating to specific County issues; propose and implement
lobbying strategies to help support the County’s State Agenda; provide written monthly
activity reports and periodic updates on pending legislation; identify special interest groups
which may be working for or against the County’s best interest, and agencies or local
governments which may be competing for specific grants or appropriations, and help align
support for the County’s position; develop a schedule for research reports and other activities
in order to meet State guidelines, standards and deadlines.
2. REPORTS: The COUNTY is entitled to be advised as often as the COUNTY sees fit, of the
status of work which the CONTRACTOR is performing and in such detail as the COUNTY
may specify. All reports prepared or obtained under this Agreement shall be considered works
for hire and shall become the property of the COUNTY without restriction or limitation on
their use. At the termination of this Agreement, CONTRACTOR shall deliver the COUNTY
all papers, surveys, reports and other material to which the COUNTY has exclusive rights by
virtue of this Agreement, or of any business done by the CONTRACTOR on behalf of the
COUNTY. The CONTRACTOR shall submit at a minimum a written monthly report with
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each invoice outlining significant actions taken and contacts made on behalf of the COUNTY
and funding opportunities which the COUNTY may wish to pursue.
3. PAYMENT: CONTRACTOR’S compensation for the services provided hereunder shall not
exceed $22,000.00 per year. A quarterly invoice in the amount of $5,500.00 shall be submitted
by CONTRACTOR with a Summary Report outlining actions taken by the CONSULTANT
on behalf of the COUNTY. This payment shall be deemed inclusive of all costs directly
attributable to the performance of this work including but not limited to travel, copy costs, long
distance charges and thus, no costs may be separately invoiced by CONTRACTOR. The
COUNTY shall pay such invoice in accordance with Section 218, Fla. Stat.
4. KEY PERSONNEL: CONTRACTOR has represented to COUNTY that MISSY TIMMINS
will serve as lead personnel in the performance of CONTRACTOR’S duties hereunder and has
relied on that representation as inducement to entering into this Agreement. If MISSY
TIMMINS no longer performs the services provided herein, COUNTY shall have the right to
terminate this Agreement in accordance with Part II, Section 2 below.
5. LOBBYIST REGISTRATION: It is understood and agreed that CONTRACTOR may be
required to register on behalf of COUNTY pursuant to state laws and regulations. COUNTY
agrees to complete any forms, upon request by CONTRACTOR, as may be necessary to
comply with lobbyist registration requirements under Florida law that may arise as a result of
CONTRACTOR’S representation of the COUNTY during the term of this Agreement or after
its termination should reporting periods overlap.
PART II – GENERAL PROVISIONS
1. TERM OF AGREEMENT: Upon execution, this Agreement shall become effective October
1, 2018, and continue through September 30, 2019. The COUNTY shall have the option to
extend the Agreement on a month to month basis.
2. TERMINATION: Either party may terminate this agreement by giving thirty (30) days
written notice of termination to the other party. COUNTY shall only be liable for the monthly
invoice up to the termination date.
3. ASSIGNMENT AND DELEGATION: This contract may not be assigned by
CONTRACTOR without the prior written permission from COUNTY.
4. STATUS OF CONTRACTOR: The parties intend the CONTRACTOR, in performing the
services hereinafter specified, shall act as an independent contractor and shall have control of
the work and the manner in which it is performed. CONTRACTOR is not to be considered an
agent of employee of COUNTY and is not entitled to participate in any pension plan, insurance,
bonus, or similar benefits COUNTY provides its employees.
5. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING
PAYMENTS: All notices, bills, and payments shall be made in writing and may be given by
personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as
follows:
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COUNTY: County Administrator
Martin County
2401 SE Monterey Road
Stuart, FL 34996
CONTRACTOR: Missy Timmins, Managing Partner
Timmins Consulting, LLC
2910 Kerry Forest Parkway, D4-368
Tallahassee, FL 32309
6. NON-DISCRIMINATION: CONTRACTOR shall comply with all applicable federal, state,
and local laws, rules, and regulations in regard to non-discriminations in employment because
of race, color, ancestry, national origin, religion, sex, age, marital status, medical condition, or
physical or mental disability.
7. CONFLICT OF INTEREST: CONTRACTOR is aware of the conflict of interest laws of
the State of Florida, Chapter 112, Fla. Stat., as well as any applicable federal laws and
regulations, and agrees that it will fully comply in all respects with the terms of said laws.
8. JURISDICTION: This Agreement and performance hereunder and all suits and special
proceedings hereunder shall be construed in accordance with the laws of the State of Florida.
In any action, special proceeding or other proceeding that may be brought arising out of, in
connection with, or by reason of this Agreement, the laws of the State of Florida shall be
applicable and shall govern to the exclusion of the law of any other forum, without regard to
the jurisdiction in which the action or special proceeding may be instituted.
9. VENUE: Any and all legal action necessary to enforce this Agreement will be held in Martin
County, Florida.
10. INSURANCE: CONTRACTOR will maintain in full force and effect, during the term of this
contract, Standard Professional Liability Insurance with limits of not less than one Million
Dollars ($1,000,000.00) each occurrence with a maximum deductible of Fifty Thousand
Dollars ($50,000.00). A Certificate of Insurance, satisfactory to the County, evidencing such
coverage and listing County as an additional insured, shall be furnished to the County
immediately upon execution hereon and before commencement of Services under this
Agreement, with complete copies of the applicable policy to be furnished upon County’s
request. Such Certificate of Insurance shall provide County with thirty (30) days prior written
notice of any cancellation or non-renewal. CONTRACTOR must provide County with a
renewal certification thirty (30) days prior the expiration of the current Certificate of
Insurance. Failure to provide and maintain Certificates of Insurance, as required herein shall
constitute a material breach of the contract.
11. INDEMNIFICATION: CONTRACTOR shall indemnify, hold harmless, and defend the
COUNTY, 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 CONTRACTOR in performance of services.
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12. NON-APPROPRIATION: The COUNTY’S performance and obligation to pay under this
Agreement beyond the current Fiscal Year (October – September) is contingent upon an
annual appropriation by the COUNTY.
13. PUBLIC RECORDS
13.1 The CONTRACTOR shall comply with the provisions of Chapter 119,
Fla. Stat. (Public Records Law), in connection with this Agreement and shall provide access to
public records in accordance with §119.0701, Fla. Stat. and more specifically Contractor shall:
a. Keep and maintain public records required by the County to perform the
Agreement.
b. Upon request from the County’s custodian of public records, provide the County
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, Fla. Stat. or as otherwise provided by law.
c. 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 term and following completion of the Agreement if
the CONTRACTOR does not transfer the records to the County.
d. Upon completion of the Agreement, transfer, at no cost, to the County all public
records in possession of the CONTRACTOR or keep and maintain public records
required by the County to perform the Agreement. If the CONTRACTOR transfers
all public records to the County upon completion of the Agreement, the
CONTRACTOR shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the
Agreement, the CONTRACTOR shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the
County, upon request from the County’s custodian of public records, in a format
that is compatible with the information technology systems of the County.
13.2 IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT (772) 419-6959, public_records@martin.fl.us, 2401 SE
MONTEREY ROAD, STUART, FL 34996.
13.3 Failure to comply with the requirements of this Article shall be deemed a
default as defined under the terms of this Agreement and constitute grounds for termination.
14. SEVERABILITY: The terms and conditions of this Agreement shall be deemed to be
severable. Consequently, if any clause, term, or condition hereof shall be held to be illegal or
void, such determination shall not affect the validity or legality of the remaining terms and
conditions, and notwithstanding any such determination, this Agreement shall continue in
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