HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-014Temp. Reso. #13884
January 25, 2023
Page 1 of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023- 014
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORID& APPROVING AMENDMENT #14
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, 2023 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 #14 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, 2023, and provides
that the parties may renew the agreement; and
Temp. Reso. #13884
February 8, 2023
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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 #14 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, 2024.
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
part of this Resolution.
SECTION 2: The City Commission hereby approves Amendment #14 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, 2024.
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. #13884
February 8, 2023
Page 3 of 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 W& day of SkN'41fLJ , 2023.
ATTEST:
KIMBE LY DILLON, CMC
CITY CLERK
1 _
MICHELLE J. 6AEZ
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: V/M BOLTON
DIST 2: COMM. WRIGHT JR
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE
OF THE CITY OF TAMARAC ONLY.
Z�
/HANS OTTINOT
CITY ATTORNEY
Crt y of Tamarac
TAMARAC
The City For Your Life
AMENDMENT #14
TO AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
THE FERGUSON GROUP, LLC
Purchasing & Conbacts 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 414 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 February 13, 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 CebFuaF , 13, 2922 February 13,
2023.
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 $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
requirements of F.S. 287.135 and F.S. 215.473,
City o1 Tamarac,
TAMARAC
The City For Your Life
,,, hasinci & Contracts Division
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.
4. As required by Florida Statute, Consultant reaffirms compliance
with Section 26 "E-Verify" of the Agreement as amended.
Article 26 - "E-VERIFY
26. As a condition precedent to entering into this Agreement,
and in compliance with Section 448.095, Fla. Stat.,
CONSULTANT and its sub -Consultants shall, register with
and use the E-Verify system to verify work authorization
status of all employees hired after January 1, 2021.
CONSULTANT shall require each of its sub -Consultants to
provide CONSULTANT with an affidavit stating that the sub -
Consultant does not employ, contract with, or subcontract
with an unauthorized alien. CONSULTANT shall maintain a
copy of the sub -Consultant's affidavit as part of and pursuant
to the records retention requirements of this Agreement.
City, CONSULTANT, or any sub-Consultant/subconsultant
who has a good faith belief that a person or entity with which
it is contracting has knowingly violated Section 448.09(1),
Fla. Stat. or the provisions of this section shall terminate the
contract with the person or entity. CITY, upon good faith
belief that a sub -Consultant knowingly violated the
provisions of this section; but CONSULTANT otherwise
TAMARAC
The City For Your Life
City of Tamarac a
complied, shall promptly notify CONSULTANT and
CONSULTANT shall immediately terminate the contract with
the sub -Consultant. An agreement or contract terminated
under the provisions of this section is not a breach of
contract and may not be considered such. Any agreement
or contract termination under the provisions of this section
may be challenged pursuant to Section 448.095(2)(d), Fla.
Stat. CONSULTANT acknowledges that upon termination of
this Agreement by the CITY for a violation of this section by
CONSULTANT, CONSULTANT may not be awarded a
public contract for at least one (1) year. CONSULTANT
further acknowledges that CONSULTANT is liable for any
additional costs incurred by the CITY as a result of
termination of any contract for a violation of this section.
CONSULTANT or sub -Consultant shall insert in any
subcontracts the clauses set forth in this section; requiring
the sub -Consultants to include these clauses in any lower
tier subcontracts. CONSULTANT shall be responsible for
compliance by any sub -Consultant or lower tier sub -
Consultant with the clauses set forth in this section.
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.
TA PAi'''
ESTABLIS'�EO •:
_ 1965
�0,'• SEP.L •' O
ATTEST: ','f�,4 • .... N;�y, �,.
Kimberly Dlllon, CMC
City Clerk
CITY OF TAMARAC
Mich Ile J. omez, or
Kqjhleen GOnn, City Manager
f Z7 2.3
Date
I Z;) 3 Approved as to form and legal sufficiency:
Date n
Anvt_hK� -14 • I
Hans Ottinot, City Att rney
I-aLv I a 3
Date
City of Tamarac
ATTEST:
Coe
Signature
Mark A. Limbaugh, President
Type/Print Name
(CORPORATE SEAL)
STATE OF District of Columbia
COUNTY OF Washington
TA.0�MA�RAC
The City For Your Life
Pwchasing & Contracts Division
FE GUSON GROUP LC
.;
Signature of 9,6nsultant
W. Roger Gwinn, CEO
Type/Print Name of Consultant
January 9, 2023
Date
ss.:
•
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the Sate
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
W. Roger Gwinn
of The Ferguson Group, LLC, a
Partnership
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.
9th
WITNESS my hand and official seal this day of January202
\1
S : Signature of Notary Public
��,••''Y-a'' • State of WDC at Large
C.�I,vy
JOHN H. SMITH Ili
NOTARY PUBLIC DISTRICT OF COLUME
MYCommission Expires March 3t �n�^
District of Columbia: SS
John H. Smith III
Print, Type or Stamp
Name of Notary Public
0 Personally known to me or
❑ Produced Identification
Subscri and sworn to Wore me, In my presence, Type of I.D. Produced
❑ DID take an oath, or
John H.Smith lll, Notary Pu , .. ® DID NOT take an oath.
My commission expires March 31, 2023.