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HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-013 Ferguson Group Lobbying Svcs. Temp. Reso. #13718 January 03, 2022 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2022- ,':' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; APPROVING AMENDMENT #13 TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE FERGUSON GROUP, LLC, FOR FEDERAL LOBBYING SERVICES, EXTENDING THE TERM OF THE AGREEMENT FOR A ONE-YEAR PERIOD EFFECTIVE FEBRUARY 13, 2022 AT A COST NOT TO EXCEED EIGHTY-FIVE THOUSAND FIVE HUNDRED ($85,500.00) DOLLARS PER YEAR; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AMENDMENT #13 TO THE AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN • EFFECTIVE DATE. WHEREAS, the City of Tamarac Commission has expressed its interest in retaining the services of a qualified professional lobbyist to represent the City of Tamarac's legislative, administrative and funding interests at the Federal, State and Local levels; and WHEREAS, the City of Tamarac entered into an Agreement with The Ferguson Group LLC, on February 13, 2008, (a copy of said agreement is on file in the office of the City Clerk), providing for said lobbying services for a two (2) year period; and WHEREAS, the City of Tamarac has amended the Agreement annually providing for continuation of lobbying services; and WHEREAS, the current agreement expires on February 12, 2022 and provides I* that the parties may renew the agreement; and Temp. Reso. #13718 • January 03, 2022 Page 2 WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve and execute Amendment #13 to the Agreement between the City of Tamarac and The Ferguson Group, LLC (attached hereto as Exhibit "A"), providing for Federal Lobbying Services at a cost not to exceed Eighty -Five Thousand Five Hundred ($85,500.00) Dollars, extending the agreement for a one-year term through February 12, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing `WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits attached hereto are incorporated herein and made a specific • P P part of this Resolution. SECTION 2: The City Commission hereby approves Amendment #13 to the Agreement between the City of Tamarac and The Ferguson Group, LLC providing for Federal Lobbying Services at a cost not to exceed $85,500, extending the agreement through February 12, 2023. SECTION 3: The appropriate City Officials are hereby authorized to execute Amendment to the Agreement for Lobbying Services between the City of Tamarac and The Ferguson Group, LLC, attached hereto as Exhibit "A". SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is • • Temp. Reso. #13718 January 03, 2022 Page 3 held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ��� day of T , 2022. MIC ELLE J. GOME MAYOR • ATTEST: J NIF JOH, VON, C M C CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: V/M GELIN DIST 3: COMM VILLALOBOS DIST 4: COMM. PLACKO I HEREBY CERTIFY that I have approveld is RESOLUTIOfl as to form. City of Tamarac TAMARAC The City For Your Life AMENDMENT #13 TO AGREEMENT BETWEEN THE CITY OF TAMARAC ► D, THE FERGUSON GROUP, LLC Purchasing & Contracts Division The CITY OF TAMARAC ("City") and THE FERGUSON GROUP, LLC a Limited Liability Company with principal offices located at 1901 Pennsylvania Ave. N.W., Washington, DC 20006 ("Consultant") agree to execute Amendment #13 to the original Agreement dated February 13, 2008, amended February 4, 2010, February 9, 2011, February 8, 2012, February 13, 2013, January 22, 2014, February 11, 2015, January 13, 2016, February 8, 2017, January 24, 2018, January 23, 2019, February 12, 2020, January 27, 2021 and January 26, 2022 providing for Lobbying Services as follows: 1. Article 1 of the agreement shall be amended as follows: ARTICLE 1 — EFFECTIVE DATE 1.1 The effective date of this Agreement shall be for a one (1) year period beginning on February 13, 2022. 2. Article 3 of the agreement shall be amended as follows: Article 3 - COMPENSATION 3.1 The City shall pay an annual aggregate fee of $95,000 85 500, inclusive of expenses with the exception of out of town travel expenses and travel from Washington DC to City which may be reimbursed subject to prior written approval by the City. 3. As required by Florida Statute, Consultant reaffirms compliance with Section 23 "Scrutinized Companies" of the Agreement as amended. Article 23 — SCRUTINIZED COMPANIES 23. By execution of this Agreement, in accordance with the of Tamarac 4 TAMARAC The City For Your Life Purchasing & Contracts Division requirements of F.S. 287.135 and F.S. 215.473, CONSULTANT certifies that CONSULTANT is not participating in a boycott of Israel. CONSULTANT further certifies that CONSULTANT is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has CONSULTANT been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to CONSULTANT of the CITY's determination concerning the false certification. CONSULTANT shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONSULTANT shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONSULTANT does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. As required by Florida Statute, Consultant reaffirms compliance with Section 26 "E-Verify" of the Agreement as amended. Article 26 - "E-VERIFY Definitions: "Agency" or "Public Employer" for purposes of this section shall mean the City of Tamarac, a Municipal Corporation which is a political subdivision of the State of Florida. "CONSULTANT" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "CONSULTANT" includes, but is not limited to, a vendor or consultant. "Subconsultant" means a person or entity that provides labor, supplies, or services to or for a CONSULTANT or another subconsultant in exchange for salary, wages, or other remuneration. "E-Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows TAMARAC The City For Your Life City of Tamarac Purchasing & Contracts Division participating employers to electronically verify the employment eligibility of newly hired employees. Effective January 1, 2021, public and private employers, CONSULTANTs and subconsultants will begin required registration with, and use of, the E-verify system in order to verify the work authorization status of all newly hired employees. CONSULTANT acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by CONSULTANT to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/subconsultants/ subconsultants) assigned by CONSULTANT to perform work pursuant to the contract with the City. The CONSULTANT acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Tamarac. Should Vendor become the successful CONSULTANT awarded for the above -named project, by entering into this Agreement, the CONSULTANT becomes obligated to comply with the provisions of § 448.095, FL. Statutes, as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees; and requiring all Subconsultants to provide an affidavit attesting that the Subconsultant does not employ, contract with, or subcontract with, an unauthorized alien. The CONSULTANT shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a Subconsultant knowingly violates the statute, the Subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the CONSULTANT, the CONSULTANT may not be awarded a public contract by the City for a period of 1 year after the date of termination. By signing below, the Vendor acknowledges these terms shall be an integral part of its bid and the Contract. All other provisions of the Original Agreement, as amended, remain in effect as written. TAMARAC The City For Your Life City of Tamarac Purchasing & Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Amendment to Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONSULTANT, duly authorized to execute same. 0F •TAyq Z ; EST ,BLISHED•; m Q 1963 SEAL •O, ATTEST: ''%4C7 " • '(`� � e ifer J nton, M i y Clerk Dat CITY OF TAMARAC 4&uc-76 Mich Ile J. Gomez, M or Date leen Gunn, City Manager form and n, Jr., C I sufficiency: City of Tamarac ATTEST: Signature Mark Limbaugh, President TAMARAC The City For Your Life Purchasing & Contracts Division FEPA4SON OUP C Signature of Consultant W. Roger Gwinn, CEO Type/Print Name of Consultant January 12, 2022 Type/Print Name Date (CORPORATE SEAL) STATE OF District of Columbia COUNTY OF Washington ss.: I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared W. Roger Gwinn of The Ferguson Group, LLC, a CEO , Limited Liability Company, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal this JOHN H. SMITH III NOTARY PUBLIC DISTRICT OF COLUMBIA My Commission Expires March 31, 2023 day of January / Signature of Notary Public ( State of WDC at L ge ,era',; I � Print, Type or Stamp Name of Notary Public ❑x Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑x DID NOT take an oath.