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