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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-215Temp. Reso. ##11090 October 31, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AMENDMENT #1 TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE RUSS REID COMPANY, FOR FEDERAL LOBBYING SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac Commission desires to retain the services of a qualified, professional lobbyist to represent the City of Tamarac's legislative, administrative and funding interests at the Federal and State levels; and WHEREAS, the City of Tamarac entered into an agreement with the Russ Reid Company on December 14, 2005 (attached hereto as Exhibit A) providing for said federal lobbying services for a one year period; and WHEREAS, the existing agreement expires on November 30, 2006 and provides that the parties may terminate, renew and/or renegotiate the agreement; and 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 execute Amendment #1 to the Agreement between the City of Tamarac and the Russ Reid Company for federal lobbying services for an additional one year period (attached hereto as Exhibit B). Temp. Reso. #11090 October 31, 2006 Page 2 NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; 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 upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to execute Amendment #1 to the Agreement between the City of Tamarac and the Russ Reid Company (attached hereto as Exhibit B) for federal lobbying services. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. 1 1 1 1 Temp. Reso. #11090 October 31, 2006 Page 3 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 9'01 day of Rcv , 2006. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. G3DIZEN CITY ATTO EY 0 _n MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO Ace— DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER Dec-14-05 05:8Apm From- T-420 P-002/011 F-015 City of Tamarac _(e_ Purchasing and Contracts DivisOn AGREEMENT BETWEEN THE CITY OF TAMARAC AND RUSS REID COMPANY EX011BIT"4 _ � / 0v TICS AGREEMENT made and entered into this 10 day of !V'-U4A4V' , 2005, by and between the City of Tamarac, a municipal corporation of th State of Florida, hereinafter referred to as "City", and Russ Reid Company, a J r r fly Corporation, with principal offices located at 2000 L Street, NW, Suite 350, Washington, ❑C 20036, hereinafter referred to as "Consultant": and, WHEREAS, the City requires government relations services at the Federal level: WHEREAS, the City requires certain professional services in connection with the provision of government relations services and the development of a government relations program designed for use at the Federal level; and, WHEREAS, the Consultant represents that it is capable and prepared to provide such services: NOW THEREFORE, In consideration of the promises contained herein, the parties hereto agree as follows; ARTICLE 7 - EFFECTIVE DATE 1.1 The effective date of this Agreement shall be for a one (1) year period beginning December 1, 2005 through November 30, 2006, 1.2 Upon expiration of this term, the parties may choose to renew the Agreement by mutual written agreement for the same rate as provided herein, for a term to be set In the renewal agreement. ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT The Consultant shall perform the services in accordance with the provisions contained in this Agreement and the Consultant's proposal provided to the City of Tamarac, dated September 15, .2005, attached hereto as hi ,and incorporated herein as if set forth in full. Additional scope of work may be specifically designated and additionally authorized by the City. Such additional authorizations will be in the form of a Purchase Order or written Change Order. Each Purchase Order or written Change Order shall set forth a specific scope of services, the amount of compensation and the required completion date. In the event of a conflict between this Agreement, and ?s it A, the provisions of this Agreement shall govern_ In its capacity as a consultant, the Consultant shall make its best efforts to assist the City in pursuing government relations objectives. The nature of these objectives shall be determined by the City with the advica and assistance of the Consultant. I - UACOWRACT5'1t*edeml Lobbying Services 12-13.05, Russ Reid (s).aoc Uac-14-0 O :Japm hrom- of Tamarac 1-4Za I'-UMU11 r-u19 and Contracts Divisi,)n In this role, Consultant shall plan and implement all legislative strategies designed to accomplish the City's initiatives, assist in the preparation of supporting materials for the initiatives, develop meetings with Members of Congress and staff to advance the Initiatives, and serve as a liaison to'federal agencies relevant to the initiatives. ARTICLE 3 — COMPENSATION 3.1 The City shall pay Consultant Ten Thousand Dollars and No Cents, ($10,000.00) per month, for an annual aggregate fee of One Hundred Twenty Thousand Dollars and No Cents ($120,000.00), in accordance with the provisions contained Exhibit A. 3.2 Reimbursable expenses shall be compensated at the actual cost. No additional overhead or profit may be claimed as an expense. All invoices submitted for reimbursement of actual expenses incurred pursuant to the terms of this Agreement shall include copies of paid receipts, invoices, or other documentation acceptable to the City. Such documentation shall be sufficient to establish that the expense was actually incurred and necessary in the performance of the Services described in this Agreement. ARTICLE 4 - STANDARD OF CARE Consultant shall exercise the same degree of care, skill, and diligence in the Performance of the Services as is ordinarily provided by a professional under similar circumstances. ARTICLE 5 - INDEMNIFICATION 5.1, Consultant shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily Injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged negligent act or omission of the Consultant and any sub -Consultant, anyone directly or Indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b)- violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights in the performance of the Work; or c). liens, claims or actions made by the Consultant or any sub -Consultant under workers compensation acts, disability benefit acts, other employee benefit acts or any statutory bar. Any cost or expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Consultant. 5.2. 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. z - UACONTRAC7W1Fnderal Lbbbying Scai'v/cEa 12-13-05- RUSS R&iC (3).rfoo uec-I4-Ut 05:40pm From- T-429 P-004/011 F-015 City of Tamarac 0 Purchasin.0 and Contracts Division 5.3. The Consultant 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. 5.4. 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 Consultant under the Indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law orsection 768,28, Florida Statutes, as amended from time to time. ARTICLE 8 — NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Consultant will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. 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 Consultant shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Consultant further agrees that he/she will ensure that Sub -consultants, if any, will be made aware of and will comply with this nondiscrimination clause. ARTICLE 7 INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the parties. It is the Intent of the parties that the Consultant 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 Consultant shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Consultant's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Consultant, which policies of Consultant shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Consultant's funds provided for herein. The Consultant 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 Consultant and the City and the City will not be liable for any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or overtime premiums. a U:IC01VTRAQT$lFedera1 Lobbying Services 12-13-05- Russ Reid (3).doc Dec-14-05 05:40pm From- T-429 P-005/011 F-015 City of Tamarac� Purrh�sin �nC Contracts Division ARTICLE 8 PAYMENTS 8.1 Fees: The City shall pay in full the Contract Sum to the Consultant on a quarterly basis as noted in Article 3 of this Agreement unless the parties agree otherwise. The City shall pay the Consultant subject to the provisions of this Agreement, subject to any additions and deductions by subsequent change order provided in the contract documents. Payments for Fees shall be made under the following quarterly schedule during the contract period: December 1"t, March 1st, June 11' and September lit 8.2 EUgl rRos: A statement of actual expenses incurred shall be made to the City at the and of each month for expenses Incurred during the previous month. The statement shall be made payable monthly, 8.3 Payments shall be processed in accordance with The Florida Prompt Payment Act, F.S., Part VII, Chapter 218_ 8.4 Federal funds may not be used to pay Consultant's fees or expenses. 8.6 Payments shall be remitted to the Russ Reid Company, 2 North Lake Avenue, Suite 600, Pasadena, CA 91101 at the times provided by this article. ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the services, Consultant will comply with applicable regulatory requirements applicable generally to Its business operations including federal, state, and local laws, rules regulations, orders, codes, criteria and standards, ARTICLE 1e — INSURANCE 10.1 Consultant shall obtain at Consultant'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, including Professional Liability when appropriate. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant 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 Consultant will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement, 10.2 Consultant shall indemnify and hold the City harmless for any damages resulting from failure of the Consultant to take out and maintain such insurance, Consultant's Liability Insurance policies shall be endorsed to add the City as an additional insured. Consultant shall be responsible for payment of all deductibles and self-insurance retentions on Consultant's UACONTRACTS1Federal LobbyIng SOMCBs 72-13-05- R44�3 Raid (3),doc Dec-14-05 06:41pm from- T-429 P.0061011 F-015 Ciy of Tamarac V1 Purchasing and Contracts Division Liability Insurance policies. ARTICLE 11 - CITY'S RESPONSIBILITIES The City shall be responsible for providing access to all project records and for providing project -specific information as required to facilitate the efficient and effective execution of the services to be provided by the Consultant as provided in this Agreement. ARTICLE 12 - TERMINATION OF AGREEMENT 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon thirty (30) days written notice by the terminating party to the other party for such termination in which event the Consultant shall be paid its compensation for services performed up to the termination date, including services reasonably related to termination, In the event that the Consultant abandons this Agreement or causes It to be terminated, Consultant shall indemnify the City against loss pertaining to this termination. 12.2 Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant 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 Consultant of written notice of such neglect or failure. ARTICLE 13 - NONDISCLOSURE OF PROPRIETARY INFORMATION Consultant shalt consider all information provided by City and all reports, studies, calculations, and other documentation resulting from the Consultant's performance of the Services to be proprietary unless such information is available from public sources. Consultant shall not publish or disclose proprietary information for any purpose other than the performance of the services without the prior written authorization of City or in response to legal process. ARTICLE 14 - UNCONTROLLABLE FORCES 14.1 Neither the City nor Consultant shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which Is beyond the reasonable control of the nonperforming party. It includes, but Is not limited to tire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions, 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or 5 U.1CONMACMFOdarai lobbying services 12-13.05- Russ Reid (3).doc Dpc-14-05 05:42pm From- T-429 P-00T/011 F-015 of Tamarac �- „- Purchasinq and Contracts Divisian remediable, and which the nonperforming parry could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming parry shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 15 - GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Broward County. ARTICLE 16 - MISCELLANEOUS 16.1 Non -waiver: A waiver by either City or Consultant of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is In writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 16.2 Severabiiity! 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. 16.3 The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. 16.4 Merger, Amendment: This Agreement constitutes, the entire Agreement between the Consultant and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Consultant and the City. 16.5 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 patty to the Agreement, and each party expressly waives the right to assfart such a presumption in any proceedings or disputes connected with, arlsing out of, or involving this Agreement. 6 u.'1CCNTRACTMFederal Lobbying Services 12-13.05- Russ Reid (3).doc Dec-14-05 05.42pm From- T-420 P.006/011 F-015 City of Tamarac ^ PUrChasing, n«d Contracrs Diyisbin 16.6 Binding Authority: Each person signing this Agreement on behalf of either parry individually warrants that he .or she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this.Agreement. 16.7 Headings: Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. ARTICLE 17 - SUCCESSORS AND ASSIGNS The City and Consultant each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives. ARTICLE 18 - CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 18 - TRUTH -IN -NEGOTIATION CERTIFICATE Execution of this Agreement by the Consultant shall act as the execution of a truth - in -negotiation certificate certifying that the contract amount charged by Consultant in this Agreement is based upon the standard amount charged to state and local governmental clients of Consultant for the same or substantially similar service. ARTICLE 20 - OWNERSHIP OF DOCUMENTS Consultant may be required to work in harmony with other Consultants or Sub - Consultants relative to providing information requested in a timely manner and in the► specified form. Any and all documents, records, disks, original drawings, or other information shall become the property of the City upon completion for its use and distribution as may be deemed appropriate by the City. ARTICLE 21 - FUNDING 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. ARTICLE 22 w NOTICE 7 UACONTRACTSTodero! Lobbying Services 12-13-05- Russ Reid (3).doa DOG-14-0 0!40m From- 1-4zv F-HY/uli F-uio City o/ iamarnc 0 PurchaSing and Contracts Divishm 22.1 Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY: City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321-2401 With a copy to the City Attorney at the following address: City Attorney City of Tamarac Goren, Cherof, Doody & Ezrol, P.A, 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 CONSULTANT: Mark D. McIntyre Senior Vice President Russ Reid Company 2000 L Street, NW, Suite 350 Washington, DC 20036 22.2 Notices shall be effective when received at the address specified above. Changes In the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received, however, facsimiles received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day, The original of the notice must additionally be mailed as required herein. 22.3 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Consultant and City, Remainder of Page Intentionally Blank 9 -- UACoNTRACr"oderal Lohoying 5ervlcas 12-13-05- Ruas Reid (3).doc Dec-14-05 05:43pm From- T-429 P-010/011 F-015 AlMh Aof Tamarac r"cn�1►esi�f ar+d Cantroate pfvi6%11 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respecOo dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONSULTANT, signing by and through its Senior Vice President, duty authorized to execute some. C TY OF T MARAC r t J e Schreiber, Mayor Date ATTEST: Jeffrey ill r, City Manager Marion Swenson, CM per; City Clerk g�fl Apo v as to jorm and legal suffidency: Date I G7S Sa uei S. G ren, rim City Attorney Date ATTEST' RUSS REID COMP. Cpmpart ame = Signature of Corporate Secretary Aldlhatijre�ii,i Mark D. McIntvre Type/Print Name of Corporate Secy. Senior Vice President fz.Jlz��Q,S- 1� I y z0of Date Date (CORPORATE SEAL) N N City of Ti marac Purchasing & Gorittacts Division , *1111, I'll, "I'll" "I'll'I'l-11111-11.1Ill'-,-,-,"""-,""'ll""I'll""Il.I AMENDMENT #1 TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND RUSS REID COMPANY The CITY OF TAMARAC ("City") and RUSS REID COMPANY., a California corporation, with principal offices located at 2000 L Street, NW, Suite 350, Washington, DC 20036, (Consultant) agree to execute Amendment #1 to the original Agreement dated December 14, 2005 providing for Lobbying Services as follows: 1. Per the terms of Section 1 of the original Agreement dated December 14, 2005, the City and Consultant agree to exercise the renewal option for a 1 year period effective December 1, 2006 through November 30, 2007. 2. 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 December 1, 2005 t#reUgh November 30, 2096 December 1, 2006 through November 30, 2007. All other provisions of the original Agreement, as amended, remain in effect as written. Clrr of T�mar�ac �__ _ Purchasing & ConL= s plvision .._. �-. 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, signing by and through Its Senior Vice President duly authorized to execute same. ATTEST: Marion Swenson, CMC City Clerk Date CITY OF TAMARAC Beth Flansbaum-Talabisco, Mayor Date Jeffrey L_ Miller, City Manager Data Approved as to form and legal suffipiency: Samuel Goren, City Attorney Date ATTEST: Signature of C I fsn ignature "rype/Print Name (CORPORATE SEAL) Type/Print Name of Consultant L/ Date 99b■A sin/910'8 V88-1 _u�oa� wcpl�ll 90-OE-Lap of Tamarac & 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, signing by and through its Senior Vice President duly authorized to execute same. ATTEST:. Marion Swenson, MC City-­Cterk - o Da&- ATTEST: Signature Type/Print Name (CORPORATE SEAL) CITY qFTAPRAC eth Flansbaum-Talabisco, Mayor -11 1??l o Dat I Jeffref f. Wier, City Manager -1.11.q1 o& Date AppVoyed as to form and legal sufficiency: 0 bo uel Goren Attorney Date Signature of C Ian Type/Print Name of Consultant Date 0-a-)-a6 of Tarr7arac CORPORATE ACKNOWLEDGEMENT WASHINGTON DC itPurchasir)rg & Cwtracts Division 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 Mark D. Mcintyre, Senior Vice President of Russ Reid Company, a California Corporation, 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 of22t , 2006. C. ANASTASI, Notary Public, Districtof Columbia My Commission Expires April 14, 2011 District of Columbia Subscribed and sworn to before me, in my presence, this 214�1 day of 20 by Notary Public My Commission Expires Q.�k Signature of Notary Public at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or n' Produced Identification Type of I.D. Produced DID take an oath, or ❑ DID NOT take an oath.