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
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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.
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SEAL
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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.