HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-188Temp. Reso #10226
August 12, 2003
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- :'.`..
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 RONALD L. BOOK, P.A., FOR
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 Ronald L. Book on
September 11, 2002 (attached hereto as Exhibit A) providing for said lobbying services for
a one year period; and
WHEREAS, the existing agreement expires on September 10, 2003 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 Ronald L. Book, P.A.
for lobbying services for an additional one year period (attached hereto as Exhibit B).
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.
Temp. Reso #10226
August 12, 2003
Page 2
SECTION 2: The appropriate City Officials are hereby authorized to execute
Amendment #1 to the Agreement between the City of Tamarac and Ronald L. Book, P.A.
(attached hereto as Exhibit B) for 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repealed to the extent of such conflict.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.
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 27`h da� of August, 2003.
r'
JO SCHREIBER, Mayor
ATTEST:
RECORD OF COMMISSION VOTE: /
MARION SWENSON, CMC MAYOR SCHREIBER L
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS i
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
Z�7
MITCHELL S. KR4,TX
CITY ATTORNEY
of Tarnarac
ATTEST:
Signature
Type/Print Name
(CORPORATE SEAL)
STATE OF FLORIDA
Pure,imising and Contiocts Division
Signature of Consultant
•
Type/Print Name of Consultant
Date
ACKNOWLEDGEMENT
: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 Ronald L.
Book, an individual, 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.
I
WITNESS my hand and official seal this l 1 day of.!2Q
n.'ri�L JANIFT P• MAGIN
MY COMMISSION M 00 002553
EXPIRES: March 13, 2005
"� i r\ Bonded 7hru Notary Public Underwriters
S•I1 nature of Notary Public
State of Florida at Large
� i l
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.
TR# 10226
Exhibit A
AGREEMENT
BETWEEN THE CITY OF TAMARAC
RONALD L. BOOK, P.A.
THIS AGREEMENT is made and entered into this //day of 200_�-
by and between the City of Tamarac, a municipal corporation with principal effices located
at 7525 N.W. 88th Avenue, Tamarac, Florida 33321 (the "City") and Ronald L. Book, P.A. a
Corporation with principal offices located at 2999 NE 191 Street, PH 6, Aventura, Florida
33180 (the "Consultant") to provide for Lobbyist Services.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Consultant agree as follows:
1) The Contract Documents
The contract documents consist of this Agreement, conditions of the contract,
specifications, all addenda issued prior to, and all modifications issued after execution of
this Agreement. These contract documents form the Agreement, and all are as fully a part
of the Agreement as if attached to the Agreement or repeated therein.
2) Scope of Work
Working in consultation and conjunction with the City Manager and/or his
designee, the following are areas of general responsibility for the lobbyist:
a. Contact and communicate with agencies and officers of Federal and State
government as directed by City Manager.
b. Establish and maintain liaisons with Federal and State agencies, officers and
elected officials.
c. Obtain and provide information and data relating to all matters concerning the
specific interests of the City of Tamarac.
d. Monitor Federal and State legislation and rule -making processing by Federal
and State agencies (whether pending, introduced or initiated during the term
of this contract) which impact the operation, revenues and/or required
expenditures of the City as discovered by the Proposer or as directed by City
Manager.
e. Act as an official representative of the City with members of the Federal and
State delegations, governmental agencies and persons involved in governmental
affairs affecting the City as directed and authorized by City Manager.
f. Arrange meetings with Federal and State legislators for City Commissioners and
City staff as necessary, and be prepared to participate in said meetings as
required.
g. Lobby on behalf of City -sponsored legislation and on specific bills and issues as
directed by City Manager.
h. Assist the City of Tamarac in identifying funding opportunities.
Assist the City of Tamarac in obtaining Federal and State permits and
appropriations.
j. Submit monthly reports to City Manager that reflect progress toward
accomplishing the objectives of the City. During the legislative sessions, weekly
reports will be required unless City Manager determines otherwise.
k. Appear before the City Commission during a regularly scheduled workshop, to
report on legislative activity, at least once per quarter or as directed by the City
Manager.
Provide specific recommendations on Federal and State legislative and
administrative action.
3) Time of Commencement and Performance Evaluation
The term of this Agreement shall be for one year beginning upon approval and
execution by the City Commission. Upon expiration of this term, the parties may
choose to terminate, renew and/or re -negotiate the Agreement by written agreement
signed by the parties hereto for a term to be set in the renewal agreement.
Thirty days prior to renewal or at a specific date and time determined by the City,
the Consultant will present a report outlining specific accomplishments, which were of
benefit to the City during the preceding contract term and expectations for future year
accomplishments. The annual performance evaluation process will incorporate this
information as well as the quality and timeliness of reports as outlined in Paragraph 2.
If the results of the Performance Evaluation are positive, the City of Tamarac
Commission may consider an increase in compensation to take effect in the renewal
Agreement.
K
4) Contract Sum
Consultant shall perform the services described in Paragraph 2. Upon satisfactory
performance of said services described in Paragraph 2, the City will pay Consultant an
amount of Thirty -Five Thousand and no/100----($35,000.00) annually, payable in eleven
monthly installments of $2,916.66 with a final installment of $2,916.74.
5) Payments
Payment will be made monthly upon completion, delivery, and acceptance by the
City of the written report as detailed in Paragraph 2 and submission of an invoice for said
report. Consultant shall not incur costs for performance of services under this Agreement
in excess of said amount without the prior written authorization of the City Manager or
designee.
6) Insurance
Consultant shall obtain at Consultant's expense all necessary insurance in such
form and amount as required by the City's Risk and Safety Officer 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
Officer certificates of all insurances required under this section prior to beginning any work
under this Agreement. The Consultant will ensure that all subconsultants comply with the
above guidelines and will retain all necessary insurance in force throughout the term of this
agreement.
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 Liability Insurance policies.
7) Indemnification
The Consultant 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 the work
performed by the Consultant or its officers, employees, agents, subConsultants, or
independent Consultants, excepting only such 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.
9
Nothing contained herein is intended nor shall be construed to waive City's rights
and immunities under the common law or Florida Statutes 768.28, as amended from time
to time.
8) Non -Discrimination
The Consultant agrees not to discriminate against any of its employees or applicants
for employment because of their age, handicap, race, color, religion, sex, or national origin,
and to abide by all federal and State laws regarding non-discrimination. The Consultant
further agrees to insert the foregoing provisions in all subcontracts hereunder except
subcontracts for standard commercial supplies or raw materials. Any violation of such
provisions shall constitute a material breach of this Agreement.
9) Independent Consultant
Consultant is an independent Consultant under this Agreement. Personal services
provided by the Consultant shall be by employees of the Consultant and subject to
supervision by the Consultant, and not as officers, employees, or agents of the City.
Personnel policies, tax responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the Consultant.
10) Assignment and Subcontracting
Consultant 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.
V.
11) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice, sent by registered United States mail,
with return receipt requested, addressed to the party for whom it is intended at the
following addresses.
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONSULTANT
Ronald L. Book, P.A.
2999 NE 191 Street, PH 6
Aventura, Florida 33180
12) Termination
This Agreement may be terminated by City or Consultant for cause or by the City for
convenience, upon thirty (30) days of 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 to 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.
13) Agreement Subject to 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.
14) 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.
5
15) Signatory Authority
The Consultant shall provide the City with copies of requisite documentation
evidencing that the signatory for Consultant has the authority to enter into this Agreement.
16) 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 nonenforcement 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.
17) 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.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature. City of Tamarac, through its Mayor and
Ronald L. Book duly authorized to execute same.
ATTEST:
Marion Swenson, CIVIC
City Clerk
Date: G Y
CITY OFj LAMARAC
Schreiber, Mayor
Date: ��lY(/0
Je r y L. iller, City Manager
Date: - - ( / I it p L _--
AA ro d as to form and legal
u ic' nc
o/
6L
Mi hell S. aft, CitjAfiorney
6
ATTEST:
Signature
Type/Print Name
STATE OF FLORIDA
COUNTY OF -040C
Signature
�oV1 Ct' k I (' . &--, ((-
Type/Print Name of Consultant
Date
ACKNOWLEDGEMENT
SS
-� ( 3 ( ( c] L
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 Ronald L. Book, an individual, to me known to be the person(s)
described herein and who executed the foregoing instrument and acknowledged before
me that he executed the same.
WITNESS my hand and official seal this 3/ day of S�`L y 2002.
NOTARY P atprpf,FMda at
Large
(Name of Notary Public: Print, Stamp, or
Type as Commissioned)
( Personally known to me or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath
7
.........
AMENDMENT #1
TO AGREEMENT
AND RONALD L. BOOK, P.A.
The CITY OF TAMARAC (City) and Ronald L. Book, P.A., a Florida corporation,
with principal offices located at 2999 NE 191 Street, PH 6, Aventura, Florida 33180
(Consultant) agree to amend the Agreement dated September 11, 2002 providing for
lobbying services as follows:
1. Per the terms of Section 3 of the original Agreement dated September 11, 2002, the
City and Consultant agree to exercise the renewal option for a term effective September
11, 2003 through September 10, 2004.
2. Section 2 of the agreement shall be amended as follows.-
2) Scope of Work
m� Consultant agrees not to represent before or negotiate with City Officials on
behalf of any client currently either under negotiation with the City or who has a
proposal for goods or services pending with the City.
3. Section 3 of the agreement shall be amended as follows:
3) Time of Commencement and Performance Evaluation
The term of this agreement shall be for one year beginning on September 11
2002-September 11, 2003 through September-1---2003-September 10, 2004. Upon
expiration of this term, the parties may choose to terminate, renew and/or re -negotiate
the Agreement by written agreement signed by the parties hereto for a term to be set in
the renewal agreement.
All other provisions of the original agreement remain in effect as written.
Words stmsk threugh are deletions from the agreement. Words underlined. are additions to the agreement
of Tamarac
and Coat acts D"VisiOtl
IN WITNESS WHEREOF, the parties hereby have made and executed this
Amendment to Agreement on the respective dates under each signature, the City of
Tamarac signing through its City Manager and its City Commission signing by and
through its Mayor, Joe Schreiber, and Ronald L. Book, P.A., duly authorized to execute
same.
CITY OF TAMARAC
Joe Schreiber, Mayor
Date
_J h
ATTEST: Jeffrey :' Miler, City Manager
Marion Swenson, CIVIC Date
City Clerk
Appro
_.. edo j 1 �,as to foam and legal su ,� ency:
Date �.
Mitchell S.' Kraft, City Attorney
Date