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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-062Temp. Reso. #13945 May 24, 2023 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 2023- O(� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND RETAIL STRATEGIES LLC FOR RETAIL RECRUITMENT PROFESSIONAL SERVICES TO THE CITY OF TAMARAC FOR A CONTRACT SUM OF $40,000.00 ANNUALLY IN AN AMOUNT NOT TO EXCEED $100,000.00 IN TOTAL OVER THE TERM OF THE AGREEMENT, UTILIZING CONTRACT PRICING, TERMS AND CONDITIONS PER THE AGREEMENT #RFP NO. 22-3410-02R BETWEEN THE CITY OF LAUDERDALE LAKES, FLORIDA AND RETAIL STRATEGIES LLC EFFECTIVE ON JUNE 1, 2023 THROUGH SEPTEMBER 30, 2023 WITH UP TO TWO (2) ADDITIONAL ONE (1) YEAR RENEWAL OPTIONS, IN THE EVENT THAT THE AGREEMENT IS RENEWED BY THE CITY OF LAUDERDALE LAKES. SUCH RENEWALS SHALL AUTOMATICALLY OCCUR UPON APPROVAL OF RENEWAL TERMS BY THE CITY OF LAUDERDALE LAKES, FLORIDA; BUT SHALL NOT EXTEND BEYOND SEPTEMBER 30, 2025; PROVIDING FOR THE EXTENSION AND RENEWAL OF THE AGREEMENT OR APPROVAL OF ASSIGNMENTS AND OTHER AMENDMENTS TO THE AGREEMENT AND EXPENDITURE OF APPROPRIATED FUNDS BY THE CITY MANAGER OR APPROPRIATE CITY OFFICIALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER ERRORS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is committed to maximizing economic development and to recruiting retail and restaurant businesses to the community in support of the City's economic development vision and Strategic Plan 2040 goals for a vibrant and economically resilient community, and WHEREAS, as provided by City Code Section 6-148 (d), which states that the Purchasing Officer may utilize contracts with other governmental agencies, the City Temp. Reso. #13945 May 24, 2023 Page 2 of 5 desires to enter into an agreement with Retail Strategies LLC, to provide Retail Analysis and Retail Recruitment Professional Services, including market retail trade area research services, commercial real estate analysis services and retail recruitment services utilizing the terms, conditions and pricing in Agreement #RFP and Contract No. 22-3410-02R between the City of Lauderdale Lakes, Florida and Retail Strategies LLC, a copy of the Agreement between Retail Strategies LLC and the City of Lauderdale Lakes is on file with the City Clerk and incorporated into this Resolution by this reference; and WHEREAS, it is the recommendation of the Assistant City Manager/Director of Community Development and the Economic Development Manager that the City Commission approve the Agreement between the City and Retail Strategies LLC, utilizing the terms, conditions and pricing in Agreement #RFP No. 22-3410-02R between the City of Lauderdale Lakes, Florida and Retail Strategies LLC, a copy of the Agreement between Retail Strategies LLC a copy of which is attached to this Resolution as Exhibit I ", and WHEREAS, the award and approval of an Agreement for retail recruitment professional services will utilize contract pricing, terms and conditions per the City of Lauderdale Lakes Agreement RFP and Contract No. 22-3410-02R with Retail Strategies, LLC for an annual contract sum of $40,000.00 in an amount not to exceed $100,000.00 in total (FY23 prorated $20,000; FY24 $40,000; FY25 $40,000) over the life of the Agreement from June 1, 2023 through September 30, 2025, provided that the City of Tamarac elects to annually renew and appropriate funds, and provided that the Agreement is renewed annually by the City of Lauderdale Lakes; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems the Temp. Reso. #13945 May 24, 2023 Page 3 of 5 Agreement it to be in the best interest of the business owners, residents, and visitors of the City of Tamarac and to approve the Agreement between the City and Retail Strategies LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: Section 1. The foregoing whereas clauses are ratified and confirmed as being true and correct, are the legislative and administrative findings of the City Commission and made a specific part of this Resolution; all exhibits referenced and attached hereto are incorporated herein and made a specific part of this Resolution. Section 2. The Agreement between the City and Retail Strategies LLC, attached to this Resolution as Exhibit "'I", is approved utilizing the terms, conditions and pricing of City of Lauderdale Lakes, Florida Agreement #RFP No. 22-3410-02R and the City Manager or the appropriate City Officials are authorized to execute, extend or renew the Agreement or approve assignments and other amendments to the Agreement, and expend budgeted funds on behalf of the City. Section 3. The award and approval of the Agreement for retail recruitment professional services will utilize contract pricing, terms and conditions per the City of Lauderdale Lakes Agreement RFP and Contract No. 22-3410-02R (Exhibit 2) with Retail Strategies, LLC for an annual contract sum of $40,000.00 in an amount not to exceed $100,000.00 in total (FY23 prorated $20,000; FY24 $40,000; FY25 $40,000) over the life of the Agreement from June 1, 2023 through September 30, 2025, provided that the City of Tamarac elects to annually renew and appropriate funds, and provided that the Temp. Reso. #13945 May 24, 2023 Page 4 of 5 Agreement is renewed annually by the City of Lauderdale Lakes. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Any scrivener or typographical errors that do not affect intent may be corrected with notice to and authorization of the City Attorney and City Manager without further process. Section 6. If any clause, section, other part, or application of this Resolution is 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. "The remainder of this page is intentionally left blank" Temp. Reso. #13945 May 24, 2023 Page 5 of 5 Section 7. This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 24th day of May 2023 ATTEST: KIM ERLY EJILLON, CMC CITY CLERK /4k&Jia%- MICH04LUE J. GOMEZ MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: V/M BOLTON DIST 2: COMM. DANIEL DIST 3: COMM. VILLALOBOS DIST 4: COMM. WRIGHT APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THIS —CITY OF TAMARAC ONLY. HAN;S OTTINOT CITY ATTORNEY TAMARti City of Tamarac The City For Your Life Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND RETAIL STRATEGIES, LLC THIS AGREEMENT is entered into on aqV^ MA 20,'�3 between the City of Tamarac , a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 (City) and Retail Strategies, LLC a Florida Foreign Limited Liability Corporation with principal offices located at 2200 Magnolia Avenue South, Suite 100, Birmingham, AL 35205 (Contractor) for the purpose of providing Retail Analysis and Recruitment Services to the City of Tamarac. The parties hereby agree to the following terms and conditions. In return for valuable consideration in an amount not to exceed $40,000.00. Contractor shall comply with the terms and conditions within the City of Lauderdale Lakes Contract Agreement #22-3410-02R attached hereto as Exhibit A. All terms and conditions of the contract documents set forth in Exhibit A are incorporated herein as if set forth in full, except as modified by the proposal specific to the City of Tamarac as set forth in Exhibit B attached hereto dated February, 2023 and incorporated herein as if set forth in full. 2. Upon execution of this Agreement, all references made to the City of Lauderdale Lakes Contract Agreement #22-3410-02R in Exhibit A and the February, 2023 Proposal for the City of Tamarac in Exhibit B shall be interpreted as pertaining to the City of Tamarac, and all terms and conditions of Exhibit A and Exhibit B shall be deemed as having been implemented for use within the City of Tamarac. It is understood that wherever the words "agency name" or "agency board name" appear, they shall be read as "City of Tamarac" and "City of Tamarac Commissioners". 3. Term: The term of this Agreement shall be concurrent with the term set forth in Exhibit A, through September 30, 2023, effective on the date of approval of this Agreement. The City reserves the right to renew this Agreement for up to two (2) additional one (1) year terms for up to an additional two (2) years, in the event that the Agreement is renewed by the City of Lauderdale Lakes. Such renewals shall automatically occur upon approval of renewal terms by the City of Lauderdale Lakes; but shall not extend beyond September 30, 2025. 4. This agreement, Exhibit A and Exhibit B constitute the entire agreement between the City and the Contractor. In the event of a conflict between these documents, this Agreement shall prevail, followed in precedence by Exhibit B and Exhibit A in that order. 5. Contract Sum and Payments: The Contract Sum for the above work shall not exceed Forty Thousand Dollars and no cents ($40,000.00) annually for the initial term of the Agreement through September 30, 2023. The Contractor shall pro -rate the $40,000 annual fee to provide for services beginning on or after June 1, 2023 for a total amount of not to exceed Five Thousand Dollars and No Cents ($5,000.00) per month for the period June 1, 2023 to September 30, 2023 for a total Contract Sum for that period of Twenty Thousand Dollars and no Cents ($20,000.00). The Contract Sum for any approved renewal terms shall not exceed Forty Thousand Dollars and no Cents ($40,000.00) annually All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. TAMARAC of Tamarac The City For Your Life Purchasing and Contracts Division 6. Insurance: In addition to the insurance requirements stated in the Contract Agreement contained in Exhibit A, Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. The following minimal insurance coverage shall be provided: a. Worker's Compensation Insurance: The Contractor shall procure and maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -Contractor that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. b. Comprehensive General Liability: The Contractor shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. The City must be named as a certificate holder and an additional insured for General Liability coverage unless Owners and Contractors' Protective Coverage is also provided or required. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. C. Business Automobile Liability: The Contractor shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. This coverage shall be an "Any Auto" type policy. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. TAMARAC of Tamarac The City For Your Life Purchasing and Contracts Division d. In the event that sub -contractors used by the Contractor do not have insurance, or do not meet the insurance limits, Contractor shall indemnify and hold harmless the City for any claim in excess of the sub -Contractors' insurance coverage, arising out of negligent acts, errors or omissions of the sub -contractors. e. Contractor shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. f. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. Indemnification: a. The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. b. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. C. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. d. The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. e. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. MARAC T.0 - of Tamarac The City For Your Life Purchasing and Contracts Division Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 8. Non -Discrimination & Equal Opportunity Employment: During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, genetic information or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, genetic information or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 9. Independent Contractor: This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 10. Assignment and Subcontracting: Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. TAM1 ARRAC City of Tamarac The City For Your Life Purchasing and Contracts Division 11. Termination: a. Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. b. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 12. Public Records a. The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City in order to perform the service; 2. Upon request from the City's custodian of public records, provide the public agency 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 this chapter or as otherwise provided by law. 3. 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 contract term and following completion of the contract if the contractor does not transfer the records to the City. 4. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, 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 contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. b. During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall TAMARAC of Tamarac The City For Your Life Purchasina and Contracts Division be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 13. Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor 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, or has Contractor 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 Contractor of the City's determination concerning the false certification. Contractor 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, Contractor 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 Contractor 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. 14. E-Verify As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/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 subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. 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. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Agreement Subject to Funding TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement; and is subject to termination based on lack of funding. 15. Venue: This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 16. Signatory Authority: The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 17, Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 18. No Construction Against Drafting Party: Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 19. Notice Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services or by messenger service, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 NW 88t" Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Ottinot Law, P.A. 5944 Coral Ridge Drive, PM #201 Coral Springs, FL 33076 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Attn: Hans Ottinot CONTRACTOR Retail Strategies, LLC 2200 Magnolia Avenue South Suite 100 Birmingham, AL 35205 Attn: Robert R. Jolly, Jr., CEO/Principal Tel: (205) 314-0386 20. Public Records Custodian 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 CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK(aD-TAMARAC.ORG Remainder of Page Intentionally Blank 13 of Tamarac TAMARAC The City For Your Life and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its CEO/Principal duly authorized to execute same. -L OF iAMq R'/ EgTAB��SHE� : o 1963 =0 ' SEAL : O ATTEST: '',,,,COU�N0.` � Kimberly Dillon, CIVIC City Clerk n61 0112023 Date ATTEST: Signature of Corporate Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC A/z, Michellb J. Gomez, May r �- /2.5 4C>Z'A Date ApproqedJ� t9jorm and legal sufficiency: �s Ottiriot, City Attorney D e RETAIL STRATEGIES, LLC ComparyOame Signature of CEO/Principal Robert R. Jolly, Jr. CEO/Principal �•�• !�' 1 Date TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF AWYa lm ' :SS COUNTY OF 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 Robert R. Jolly, Jr. CEO/Principal of Retail Strategies, LLC a Limited Liability Corporation duly registered as a Florida Foreign Limited Liability Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this —4 day of , 2023 4&, &oa , Signature of Notary Public State of= V%A KaKr) Print, Type or Stamp Name of Notary Public Personally known to me or Produced Identification Type of I.D. Produced DID take an oath, or DID NOT take an oath. 10 EXHIBIT A RETAIL RECRUITMENT This section outlines what Retail Strategies (the “consultant”) will provide to Lauderdale Lakes, Florida (the “client”). A. RESEARCH 1. Identify market retail trade area using political boundaries, drive times and radii and custom boundary geographies 2. Perform market and retail GAP analysis for trade area (i.e. leakage and surplus) 3. Conduct retail peer market analysis 4. Tapestry lifestyles – psychographic profile of trade area / market segmentation analysis 5. Customized retail market guide including aerial map with existing national retailer brands and traffic counts 6. Identification of at minimum 30 retail prospects to be targeted for recruitment 7. Updates provided on retail industry trends 8. Custom on-demand demographic research – historical, current, and projected demographics – to include market trade areas by radius/drive time, and custom trade area B. REAL ESTATE ANALYSIS 1. Identify/Evaluate/Catalog priority commercial properties for development, re- development and higher and best use opportunities 2. Identification of priority business categories for recruitment and/or local expansion 3. Active outreach to local brokers and landowners C. RETAIL RECRUITMENT 1. Retail recruitment plan delivered to client summarizing all customized analytics, target zones for real estate and retail categories for recruitment focus. 2. Pro-active retail recruitment for targeted zones 3. Will contact a minimum of 30 retailers, restaurants, brokers and/or developers 4. Updates on new activity will be provided to Client’s designated primary point of contact via Basecamp, telephone, or email on a monthly and/or as needed basis 5. One market visit per calendar year included in agreement, any travel outside of the agreement shall be approved and paid for by the contracting entity 6. Conference representation- updates provided according to the yearly conference schedule 1 Retail Strategies Proposal Prepared for: Tamarac, Florida May 2023 2 Opportunity in Tamarac RETAIL STRATEGIES In a preliminary analysis Retail Strategies has identified a trade area of 100,000+ consumers with an 1.5% growth percentage over the next 5 years. In addition to studying the market size, we ran two analysis that show the demand for new business in the community. The two analysis showed $102+ million dollars being spent on goods and services outside of the community, and 25+ businesses who have located in similar communities to Tamarac but have not yet located in Tamarac. This information shows a tremendous opportunity to recruit new, quality of life enhancing, retailers and restaurants to the community to keep dollars local. Retail Recruitment Services 3 RETAIL STRATEGIES Approach & Methodology Trade Area Identification By utilizing mobile data, analytics and real estate acumen, we identify consumer opportunity, demand, traffic counts, shopping patterns that answer key questions for retailers. Business Recruitment Categories After reviewing key demographic information, we deliver a list of priority business categories for recruitment and/or expansion that will elevate your community. Mobile Data Collection An industry-leading report which utilizes cell phone data to identify the location of consumers that visit a defined shopping area within the community. Retailer Void Analysis Identifying businesses that have entered similar communities but not your market provides an initial list of realistic prospects. Psychographic Analysis Tapestry Lifestyles define the type of consumers by breaking down demographics, consumer preferences, expenditures, and cultural ideals through psychographic profiles. Consumer Spending Patterns Drilling down into each retail segment to identify and understand your consumers’ spending patterns. The process begins with market analysis. We take the deep dive into data, advanced analytics, and proprietary tools we developed to uncover and define the potential in your community. Retail Strategies assembled industry-trusted data providers that are used by national pharmacy, grocery, and restaurant brands. This data consistently delivers the highest level of accuracy and allows our team to analyze over 3,365 individual variables (per geography) to provide the deepest, most reliable, information possible to our Clients. Peer Community Analysis Identification and comparison of similar communities to measure your retail base and identify opportunities from a categorical perspective. Real Estate Analysis A real estate study that identifies opportunities for strategic focus properties, underutilized assets, development zones, and redevelopment zones. Gap Analysis Examining the market supply and demand (leakage and surplus) within the trade area to uncover categories of retail desired by your community. Discover: Research Retail Recruitment Services 4 RETAIL STRATEGIES Approach & Methodology Discover:Real Estate Analysis We bring our real estate professionals to your community for a Boots on the Ground analysis to view and inventory properties, sites and buildings. Our team uncovers your underutilized real estate assets and identifies sites and properties for development, redevelopment, highest and best use, or vacancies to be filled. Discover:Community Input Each community is engaged in a meaningful dialogue to identify past efforts, interests and goals for retail. Our process is built around creating a relationship with you and getting communication and information flowing. This is partnership. We know that no one knows your community better than you. Your buy-in to our recruitment approach is vital to us being successful for you. Discover:Local Real Estate Professionals Your dedicated team will identify and conduct outreach to property owners, brokers, developers, retailers, restaurants, and all other industry players to connect the dots to your market. We understand that property owners can sometimes be the biggest hinderance to retail growth, your team will deploy specific strategies to influence all local parties. Retail Recruitment Services 5 RETAIL STRATEGIES Approach & Methodology Connect: Retail Recruitment Strategy and Plan At the end of our Discovery process -we combine your data, analytics, real estate, and community vision to create your Retail Recruitment Plan and Strategy. This 70+ page document highlights our research on the community, demographic information, retail analysis and our Boots on the Ground real estate analysis. Identified are the top prospects (minimum of 30) where our team of experts will perform outreach to match your real estate and market opportunities. Retail Strategies will present the Plan for approval before implementation. As your partner, your buy-in is vital to our efforts and our success. Once approved, your dedicated team will kick into high gear to connect with the retail, restaurant, hospitality and real estate community to move the needle on business recruitment. Connect: Community Marketing Guide You will receive a customized Marketing Guide that showcases critical market intelligence, data, real estate information, and advanced analytics to illustrate the top facts to industry professionals that position you for economic growth. These flyers can be printed and/or uploaded to your website. Retail Recruitment Services 6 RETAIL STRATEGIES Approach & Methodology Marketing and Representation Our team attends more than a dozen retail real estate conferences including ICSC Orlando, ICSC Southeast, ICSC Vegas and RetailLive! Retail Strategies attends these shows to meet with industry leaders and market your opportunities. At conferences, we set up meetings with targeted retailers, restaurants, brokers, and developers on your behalf. Following the conference, you receive an update on who we met with, what was said, and what our next steps are for your community. Advance: Retail Recruitment Utilizing our connections and 150 years of collective real estate experience Retail Strategies will be reaching out to property owners, brokers, developers, retailers, restaurants and industry players to connect the dots to your market. Our connections are deeply rooted in trust and success which gives Tamarac the upper hand in connecting with the right partners. Retail Recruitment Services 7 A.RESEARCH 1.Identify market retail trade area using political boundaries,drive times and radii and custom boundary geographies 2.Perform market and retail GAP analysis for trade area (i.e.leakage and surplus) 3.Conduct retail peer market analysis 4.Tapestry lifestyles –psychographic profile of trade area /market segmentation analysis 5.Customized retail market guide including aerial map with existing national retailer brands and traffic counts 6.Identification of at minimum 30 retail prospects to be targeted for recruitment 7.Updates provided on retail industry trends 8.Custom on-demand demographic research –historical,current,and projected demographics –to include market trade areas by radius/drive time,and custom trade area A.REAL ESTATE ANALYSIS 1.Identify/Evaluate/Catalog priority commercial properties for development,re- development and higher and best use opportunities 2.Identification of priority business categories for recruitment and/or local expansion 3.Active outreach to local brokers and landowners A.RETAIL RECRUITMENT 1.Retail recruitment plan delivered to client summarizing all customized analytics,target zones for real estate and retail categories for recruitment focus. 2.Pro-active retail recruitment for targeted zones 3.Will contact a minimum of 30 retailers,restaurants,brokers and/or developers 4.Updates on new activity will be provided to Client’s designated primary point of contact via Basecamp,telephone,or email on a monthly and/or as needed basis 5.One market visit per calendar year included in agreement,any travel outside of the agreement shall be approved and paid for by the contracting entity 6.Conference representation-updates provided according to the yearly conference schedule Scope of Work Retail Recruitment Services 8 RETAIL STRATEGIES Investment We appreciate the opportunity to partner with Tamarac! Our services will help reduce your $102 million in annual retail leakage, pay a return by adding jobs, increasing property taxes, and new businesses that enhance your community. Retail Strategies’ agreements are annual with defined prices for up to two additional years of service. The Client will have the option to extend or discontinue the agreement each year. The lead time on a real estate transaction is typically 18-36 months. To fully realize the benefits of the investment and maximize the seeds we plant in year 1, we recommend a 3- year partnership. Retail Recruitment Fees Year 1 $40,000 Year 2 $40,000 Year 3 $40,000 9 RETAIL STRATEGIES Recap Retail recruitment is a marathon, not a sprint. Our partnerships are built to provide the foundational support and relationships to take your community forward as quickly as possible. We Multiply and Enhance Your Staff We Make Sure Your Story is Heard