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Home My WebLink AboutCity of Tamarac Resolution R-2019-013T Temp. Reso. #13233 January 9, 2019 Page 1 CITY OF TAMARAC, FLORIDA ls T RESOLUTION NO. R-2019- A RESOLUTION OF THE CIry COMMISSION OF THE CITY OF TAMARAC, FLORIDA; APPROVING AMENDMENT #10 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, 2019 AT A COST NOT TO EXCEED EIGHry-FME THOUSAND FIVE HUNDRED ($85,500.00) DOLLARS PER YEAR; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AMENDMENT #10 TO THE AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDINGFOR 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 12,2019 and provides that the parties may renew the agreement; and '"'1"X;:i;t:2313 Page 2 WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve and execute Amendment #10 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 12,2020. NOW, THEREFORE, BE IT RESOLVED BY THE CIry COMMISSION OF THE CIry 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 #10 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, 2020. 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: lf any clause, section, other part or application of this Resolution is I T I '"'l*il7;t:2313 Page 3 held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shal! become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this e 3 d 2019 I ATTEST P TEUFEL,C CIry CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM ENS. ay of MI ELLE J. GO MAYOR RECORD OF COMMISSION VOTE MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN DIST 4: YIM PLACKO I CITY ATTORNEY TAMARAC City of Tamarac Purchasing & Contracts Division AMENDMENT #10 TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE FERGUSON GROUP The CITY OF TAMARAC ('Cit!/) 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 #10 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, 2015, January 13, 2016, February 8, 2017 and Januaw 24, 2018 providing for Lobbying Services as follows: Article 1 of the agreement shall be amended as follows: ARTICLE 1 - EFFECTIVE DATE 1.1 The effective date of this Agreement shall be for a one (1) year period beginning on February 13; 2018 rebruarv 13. 2019. Add Section 23, "Scrutinized Companies" 23) 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 lsrael. CONTRACTOR further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott lsrael list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the lran Petroleum Energy Sector List, nor has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in strate 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 1 2 _ , - \- -...- (_ _. TAMARAC City of Tamarac Purchasing & Contracts Division CITY shall provide notice, in writing, to CONTRACTOR of the CITY's determination conceming the false certification. CONTRACTOR shall have five (5) days from receipt of notice to refute the false certification allegation. lf 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 enor. lf CONTRACTOR does not demonstrate that the CITY's determination of false certification was made in enor then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Stiatutes, as amended from time to time. *** 4. Add Section 24, "Public Records" 24) Public Records 24.1 The CITY is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, CONTRACTOR shall: 241.1 Keep and maintain public records required by the CITY in order to perform the service; 24.1.2 Upon requestfrom the CITY, 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 no cost to the CITY. 2'1.1.3 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 Agreement and any renewals thereof if CONTRACTOR does not transfer the records to the CITY. 24.1.4 Upon completion of the Agreement, transfer, at no cost to the CITY, all public records in possession of CONTRACTOR, or keep and maintain public records required by the CITY to perform the service. lf CONTRACTOR transfers all public records to the CITY upon completion of the Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. lf CONTRACTOR keeps and maintains public records upon completion of the Agreement, CONTRACTOR shall meet all applicable 2 L- - r"- a-.- TAMARAC City of Tamarac Purchasing & Contracts Division 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. 24.2 During the term of this Agreement and any renewals, CONTRACTOR shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. *** 5 Add Section 25, "Public Records Custodian' 25) Public Records Custodian IF GONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO GONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE GUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (e54) 5e7-3505 c rTYc LERK@TAMARAC. ORG All other provisions of the original Agreement, as amended, remain in effect as wriften L-- a-- - TAMARAG City of Tamarac Purchasing & Contracts Division lN 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. CITY OF TAMARAC ^"tttf- Iiii*;z M J. Gomez, , iesrneLtsHED1|1 963 o '-.:;SEAL ,, A U c City t Teufel,Date Ap as to and legal sufficiency: uel S.Attomey rf zo/20. Date City Clerk Date 4 ----- \- -- -(--- I -_ TAMARAC City of Tamarac Purchasing & Conlracts Division FE uso , LLC /t\ .6uL- G*;t,{ Type/Print Name of Consultant //ro/r/ Type/Print Name Date t I (coRPoRATE SEAL) SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afo in the nty aforesaid to take acknowledgments, / F e\yfittv aPPeared The Ferguson Group, LLC, a Limited L Company, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal this. day re of Notary Public State of at ,,0*'d$J*bffi[lfo,r,,u uyCmtl*n Erpnms Madr 31, 20?3 Print, Type or Stamp Name of Notary Public Personally known to me or Produced ldentification ..'i i\t-...... .....!, ti, :: .. -r-{..iyc :,''{?ro.,-=ea.'{ d I :.l.D-3 iri...* il; ,Bi tii?:r*J.,.i.qSo;:i: :,::''i:$}. Type of l.D. Produced DID take an oath, or DID NOT take an oath. 4 E