The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-2024-002Temp. Reso. #14055 January 10, 2024 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2024- D O �;), A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORID& APPROVING AMENDMENT #15 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, 2024 AT A COST NOT TO EXCEED EIGHTY-FIVE THOUSAND FIVE HUNDRED ($85,500.00) DOLLARS PER YEAR; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AMENDMENT #15 TO THE AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac Commission has expressed its interest in retaining the services of a qualified professional lobbyist to represent the City of Tamarac's legislative, administrative and funding interests at the Federal, State and Local levels; and WHEREAS, the City of Tamarac entered into an Agreement with The Ferguson Group LLC, on February 13, 2008, (a copy of said agreement is on file in the office of the City Clerk), providing for said lobbying services for a two (2) year period; and WHEREAS, the City of Tamarac has amended the Agreement annually providing for continuation of lobbying services; and WHEREAS, the current agreement expires on February 12, 2024, and provides that the parties may renew the agreement; and Temp. Reso. #14055 January 9, 2024 Page 2 of 3 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 #15 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, 2025. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing `WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission hereby approves Amendment #15 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, 2025. SECTION 3: The appropriate City Officials are hereby authorized to execute Amendment to the Agreement for Lobbying Services between the City of Tamarac and The Ferguson Group, LLC, attached hereto as Exhibit "A". SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is Temp. Reso. #14055 January 9, 2024 Page 3 of 3 held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION & This Resolution shall become effective immediately upon its passage and adoption. ,,,y PASSED, ADOPTED AND APPROVED this / day of S�^�� `l, 2024. ATTEST: KIFJIBER _Y DILLON, CMC CITY CLERK 'VAICHELLE J. 6OrAEZ MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ -I�� DIST 1: COMM. BOLTON �— DIST 2: V/M WRIGHT JR DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL -5 APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE C4-TY OF TAMARAC ONLY. ANS OTTINOT TY ATTORNEY City of Tamarac TAMARAC The City For Your Life AMENDMENT #15 TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE FERGUSON GROUP, LLC Purchasing & Contracts Division The CITY OF TAMARAC ("City") and THE FERGUSON GROUP, LLC a Limited Liability Company with principal offices located at 1901 Pennsylvania Ave. N.W., Washington, DC 20006 ("Consultant") agree to execute Amendment #15 to the original Agreement dated February 13, 2008, amended February 4, 2010, February 9, 2011, February 8, 2012, February 13, 2013, January 22, 2014, February 11, 2015, January 13, 2016, February 8, 2017, January 24, 2018, January 23, 2019, February 12, 2020 January 27, 2021, February 13, 2022, and January 25, 2023 providing for Lobbying Services as follows: 1. Article 1 of the agreement shall be amended as follows: ARTICLE 1 — EFFECTIVE DATE 1.1 The effective date of this Agreement shall be for a one (1) year period beginning on February 14 2023 February 13, 2024. 2. Article 3 of the agreement shall be amended as follows: Article 3 - COMPENSATION 3.1 The City shall pay an annual aggregate fee of $85,500, inclusive of expenses with the exception of out-of-town travel expenses and travel from Washington DC to City which may be reimbursed subject to prior written approval by the City. 3. As required by Florida Statute, Consultant reaffirms compliance with Section 23 "Scrutinized Companies" of the Agreement as amended. Article 23 — SCRUTINIZED COMPANIES I AMARAC: The City For Your Life City of Tamarac Purchasing & Contracts Division 23. By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, CONSULTANT certifies that CONSULTANT is not participating in a boycott of Israel. CONSULTANT further certifies that CONSULTANT is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has CONSULTANT been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to CONSULTANT of the CITY's determination concerning the false certification. CONSULTANT shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONSULTANT shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONSULTANT does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 4. As required by Florida Statute, Consultant reaffirms compliance with Section 26 "E-Verify" of the Agreement as amended. Article 26 - "E-VERIFY 26. As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., CONSULTANT and its sub -Consultants shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. CONSULTANT shall require each of its sub -Consultants to provide CONSULTANT with an affidavit stating that the sub - Consultant does not employ, contract with, or subcontract with an unauthorized alien. CONSULTANT shall maintain a copy of the sub -Consultant's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, CONSULTANT, or any sub-Consultant/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. CITY, upon good faith 1 AMAKAU The City For Your Life City of Tamarac Purchasing & Contracts Division belief that a sub -Consultant knowingly violated the provisions of this section; but CONSULTANT otherwise complied, shall promptly notify CONSULTANT and CONSULTANT shall immediately terminate the contract with the sub -Consultant. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. CONSULTANT acknowledges that upon termination of this Agreement by the CITY for a violation of this section by CONSULTANT, CONSULTANT may not be awarded a public contract for at least one (1) year. CONSULTANT further acknowledges that CONSULTANT is liable for any additional costs incurred by the CITY as a result of termination of any contract for a violation of this section. CONSULTANT or sub -Consultant shall insert in any subcontracts the clauses set forth in this section; requiring the sub -Consultants to include these clauses in any lower tier subcontracts. CONSULTANT shall be responsible for compliance by any sub -Consultant or lower tier sub - Consultant with the clauses set forth in this section. All other provisions of the Original Agreement, as amended, remain in effect as written. G I AMAHA(; The City For Your Life Citv of Tamarac Purchasing & Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Amendment to Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONSULTANT, duly authorized to execute same. OARAR��, Gam: EsiPg��s o :� • SEAL ,• O; ATTEST: '''qRJ COU\A, Kimberly Dillon,'CMC City Clerk 01�1at20 7A.,- Date CITY OF TAMARAC Mich Ile J. Gomez, May r 1olaa Ltent Sucuoglu, City Manager - Date Appr ra form and legal sufficiency: Wak,50ttinot, City',Attorney j Date I AMAKAU The City For Your Life Citv of Tamarac ATTEST: Signature Mark Limbaugh, President ,T,ypt11 rir:d Name THf h � " (COt�. E SEAL) n F a' .District of Columbia COUNTY OF Washington Purchasing & Contracts Division FERGUSON ROUP LC Signature of donsultant W. Roger Gwinn Type/Print Name of Consultant January 02, 2024 Date ss.: I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared W. Roger Gwinn of The Ferguson Group, LLC, CEO , Limited Liability Company, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal this. day of January 2 , 2024 Signature of Notary Public State of Washington, DC at Large JOHN H. SMITH III NOTARY PUBLIC DISTRICT OF COLUMBIA My Coeimis w E)iras March 31, 2028 John H. Smith III 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. I