HomeMy WebLinkAboutCity of Tamarac Resolution (233)Page 1
Temp. Reso #9858
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-233
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
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 express an 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 and State levels; and
WHEREAS, the City of Tamarac solicited letters of interest and qualification
statements for firms interested in providing lobbyist services to the City (attached hereto as
Exhibit 1"); and
WHEREAS, proposals were received from the following firms-
1 . Ronald L. Book, P.A.
2. Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A.
3. Ericks Consultants, Inc.
4. Pennington, Moore, Wilkinson, Bell & Dunbar, Inc.
5. Lawrence J. Smith
6, Tidewater Consulting, Inc.; and
WHEREAS, staff reviewed the proposals and determined that all firms met the
minimum qualifications required in the solicitation, and were invited to make presentations
before the Mayor and Commissioners on December 13, 2001; and
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Page 2
Temp. Reso #9858
WHEREAS, after evaluation of the documents submitted and presentations made
by the proposing firms, with the exception of Tidewater Consulting, Inc., which chose not to
make a presentation, the Mayor and Commission ranked Ronald L. Book, P.A. as the most
qualified proposer; and
WHEREAS, in January 2002, the Commission determined to delay the hiring of a
lobbyist; and
WHEREAS, at the Budget Workshop Meeting of July 10, 2002, the Mayor and
Commission directed the City Manager to resume negotiations with Tallahassee Lobbyist,
Ron Book.
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 an
agreement between the City of Tamarac and Ronald L. Book, P.A. for lobbying services
(attached hereto as Exhibit "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.
SECTION 2: The appropriate City Officials are hereby authorized to execute an
agreement between the City of Tamarac and Ronald L. Book, P.A., (attached hereto as
Exhibit "2"), for lobbying services.
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Page 3
Temp. Reso #9858
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 11t" day of September, 2002.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
I
�F
ITCHELL S. K F
CITY ATTORNEY
RON BOOK, LOBBYIST/rkt
JOE SCHREIBER, Mayor
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER AYE
DIST 1: V/M. PORTNER AYE
DIST 2: COMM. MISHKIN AYE
DIST 3: COMM. SULTANOF AYE
DIST 4: COMM. ROBERTS AYE
--Ire
FCFI . - Ronald 1,_BoA, P fl. Q
t-I i1Y OF 1,'.`,iA' 1rr'.. LRUI OLII(lS
PROIWIHOI NON11011
August 2, 2002 ,, �C
---4 M NO
Mr. Jeffrey L. Miller > C
m "®
City Manager p =-
City of Tamarac
7525 N.W. 88"' Avenue
V
Tamarac, Florida 33321-2401
Re: Contract for Services / City of' Tamarac
I am really happy things have worked out with the City and that I will be representing
your interests and that of your taxpayers over the text year. I assure you my firm will
work aggressively to honor the confidence ):ou have place in us.
As you requested, enclosed are the executed agreements that I am returning to you.
I await your instructions and further communication.
Sincerely;
Ronald L. Book
R-LB:sh
Enclosure
(oo(oide (e01e(2 2999 nor rfim1 191 Street, PN 6 - Mara, Aorida 33180 ielephoiie (305) 935-i866 - Eax (305) 935-9131
101(dSC (oIIPQP RVP�l1P, SUIIe 302 TallahaffeP, larida 323oi - (850) 22y-2859
City of Tamarac
Finance Department, Purchasing Division
7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401
Telephone: (954) 724-2450 Facsimile (954) 724-2408
Website: www.tamarac.org
DATE: NOVEMBER 2, 2001
REQUEST FOR LETTERS OF INTEREST
ALL INTERESTED PARTIES:
Temp. Reso. 49858
Exhibit 1
A "* W11L6X#R4L1M
The City of Tamarac, Florida, hereinafter referred to as CITY, will receive sealed Letters of
Interest (L.O.I_) together with the Qualification Statements and Proposal Form included herein
and any other information relative to the experience, expertise or proficiency of the Proposer, at
the Purchasing Office, City Hall, 7525 NW 88' Avenue, Tamarac, Florida 33321, (954) 724-
2450, for furnishing the services described below:
STATE AND FEDERAL LOBBYIST SERVICES
The City of Tamarac seeks 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.
Letters of Interest must be received and time stamped by the Purchasing Division, either by mail
or hand delivery, no later than 4:00 p.m. local time on November 21 2001. Facsimile submittals
will not be accepted. Late submittals, additions or changes will not be accepted under any
circumstances. Any uncertainty regarding the time an L.O.I. is received will be resolved against
the Proposer.
CITY reserves the right to reject any or all L.O.I.'s, to waive any or all L.O.I.'s received, to re -
advertise for L.O.I.'s, to award in whole or in part to one or more Proposers, or take any other
such actions that may be deemed to be in the best interests of the CITY.
*na Flurry, CPP
Purchasing & Contracts Manager
Publish: Sunday, November 4`" & November 11", 2001
Equol Opportunity Employer
1'cmp. Reso. 49858
Exhibit 1
I. STATEMENT OF THE WORK
The City of Tamarac is requesting proposals from qualified candidates/firms to perform the
responsibilities of a lobbyist. Given the many legislative issues currently impacting the City,
ethical, professional and experienced lobbying is sought to encourage responsive and
responsible decision making at the Federal and State levels. Additionally, the lobbyist is to serve
as an information provider, advocate and consultant to the City regarding Federal and State
legislative and administrative issues.
The lobbyist will be responsible for serving in a consulting and advisory capacity for all issues
proposed or pending before the Senate and House of Representatives at the State and Federal
levels that may impact upon the City. This will include issues at the Federal and State levels that
may come up in regular sessions, special sessions, sub -committees and committees, as well as
any meetings of the Broward County delegation and its committees and/or sub -committees.
II. SCOPE OF SERVICES
Working in consultation and conjunction with the City Manager and/or his designee, the
following are areas of general responsibility for the lobbyist:
1. Contact and communicate with agencies and officers of Federal and State government
as directed by City Manager.
2. Establish and maintain liaisons with Federal and State agencies, officers and elected
officials.
3. Obtain and provide information and data relating to all matters concerning the specific
interests of the City of Tamarac.
4. 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.
5. 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.
6. 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.
7. Lobby on behalf of City -sponsored legislation and on specific bills and issues as
directed by City Manager.
& Assist the City of Tamarac in identifying funding opportunities.
9. Assist the City of Tamarac in obtaining Federal and State permits and appropriations.
K
y
Temp. Reso. #9858
Exhibit 1
10. Submit monthly reports to City Manager that reflect progress toward accomplishing the
objectives of the City.
11. Appear before the City Commission to report on legislative activity at least once per
quarter and/or as directed by City Manager.
12. Provide specific recommendations on Federal and State legislative and administrative
action.
III. CURRENT CONCERNS
The successful candidate will exercise particular diligence in areas of concern as directed by
City Manager. Current areas of concern include:
1. Sources of funding for those programs identified in the City's Five Year Capital
Improvement Program and Strategic Plan.
2. Maximization of leveraging opportunities.
3. Technical assistance in the development of a legislative agenda that reflects the
needs of the City as well as a strategy for the agenda's promotion.
4. Urban Redevelopment funding, technical assistance, policies, procedures, and other
opportunities. .
IV. LEVELS OF ACTIVITY
The specific assignments involve five levels of lobbyist activity which are defined as follows:
Monitors: Systematically tracks legislative and administrative activity regarding issues of
interest to the City.
2. Informs: Obtains information on issues of interest to the City as requested and/or directed
by City Manager and reports to City Manager and City Commission as outlined.
3. Educates: Makes specific recommendations to City Manager and City Commission
regarding legislative and administrative responses to Federal and State legislative and
administrative activity.
4. Supports: Communicates with coalitions of states, cities, counties and other special
interest groups in order to enhance the probability of the City accomplishing its objectives.
5. Advocates: Creates and implements a strategy to accomplish the City's objectives as
directed by City Manager.
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V. SUBMISSION REQUIREMENTS
1. Firm Qualifications
Temp. Reso. #9858
Exhibit 1
a) Must be registered lobbyist.
b) Proposers must state their two areas of greatest expertise and experience and
provide the following information:
Experience and ability in providing similar consulting services.
Past performance and references from same.
c) Include information relative to experience and expertise in working with
municipalities on legislative and governmental issues, as well as the availability
and adaptability of the Proposer's services to the needs requested by the City. In
addition, provide a description of the legislative tracking system/format the
proposer will use (and sample forms) to keep the City Commission abreast of
issues.
d) Describe the Proposers experience and success rate in obtaining State and
Federal permits and funding for their clients_
e) Provide listing of only individuals who will be directly involved with this project,
including resumes, certifications and home office location of each key person.
f) Provide information that describes the firm's current workload.
g) List of five (5) references representative of related past experience to include, as a
minimum, a contact person, company name, phone number, and brief description
of project.
h) Please disclose any potential conflict of interest due to any other clients, contracts
or property interest. Include a notarized Statement certifying that no member of
your firm's ownership, management or staff currently has a vested interest that
might be considered a conflict of interest. Failure to submit this information with
your proposal may result in the rejection of your proposals.
2. Copies of Submission
One (1) original and five (5) copies should be submitted to the City of Tamarac, 7525 NW
8W' Avenue, Tamarac, Florida 33321, to the attention of Lynda S. Flurry, CPPO, Purchasing
and Contracts Manager.
3. Addenda Additional Information
Any addenda or answers to written questions supplied by the City to participating Proposers
shall become part of this Request for Letters of Interest and the resulting contract. The
Proposer's Certification form shall be signed by an authorized company representative,
dated and returned with the Letter of Interest.
No negotiations, decisions or actions shall be initiated by the Proposer as a result of any
discussions with any City employee. Only those communications, which are in writing from the
Purchasing and Contracts Manager, may be considered as a duly authorized expression. Also,
only communications from Proposers, which are signed, and in writing will be recognized by the
City as duly authorized expressions on behalf of the Proposer.
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'Femp. Reso. #9858
Exhibit 1
VI. INDEMNIFICATION
GENERAL INDEMNIFICATION: To the fullest extent permitted by laws and regulations,
Successful Proposer shall indemnify, defend, save and hold harmless the CITY, its officers,
agents and employees, harmless from any and all claims, damages, losses, liabilities and
expenses, direct, indirect or consequential arising out of or in consequential arising out of or
alleged to have arisen out of or in consequence of the services furnished by or operations of
the Successful Proposer or his subcontractors, agents, officers, employees or independent
contractors pursuant to the Contract, specifically including but not limited to those caused by
or arising out of any act, omission, negligence or default of the Successful Proposer and/or
his subcontractors, agents, servants or employees in the provision of the services under the
Contract.
VII. PUBLIC ENTITY CRIMES FORM
"A person or affiliate as defined in 287.133, Florida Statutes, who has been placed on the
convicted vendor list maintained by the Florida Department of Management Services
following a conviction for a public entity crime, may not submit a bid on a contract to provide
any goods or services to the City of Tamarac, may not submit a bid on a contract with the
City of Tamarac for the construction or repair of any public building or public Work, may not
submit bids on leases of real property with the City of Tamarac, may not be awarded to
perform Work as a contractor, Supplier, sub -contractor, or consultant under a contract with
the City of Tamarac, and may not transact business with the City of Tamarac in an amount
set forth in 287.017, Florida Statutes, for Category Two for a period of thirty-six (36) months
from the date of being placed on the convicted vendor list."
Vill. SELECTION/NEGOTIATION PROCESS
The City Manager or designee will evaluate proposals and select those firms meeting
minimum/mandatory requirements for further evaluation.
Each firm shall submit documents that provide evidence of capability to provide the services
required for the review for qualification purposes. The qualified firms will be contacted via
telephone and a follow-up letter to prepare for a presentation to the City Commission so that a
final(s) can be selected. The City Manager or designee will then attempt to negotiate an
agreement, which can be recommended to the Tamarac City Commission for award.
IX. RIGHT TO REJECT PROPOSALS
Submission of a proposal indicates acceptance by the firm of the conditions contained in the
request for proposals unless clearly and specifically noted in the proposal submitted and
confirmed in the contract between the City of Tamarac and the firm selected.
The City of Tamarac reserves the right without prejudice to reject any of all proposals.
5
Temp. Reso. #9858
Exhibit 1
X. QUESTIONS ABOUT THE LOI
Questions regarding the project or the proposal process shall be directed in writing to Lynda
Flurry, Purchasing and Contracts Manager, City of Tamarac, 7525 NW 88th Avenue, Tamarac,
FL 33321 or by fax (954) 724-2408.
CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE PURCHASING
AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE REGARDING THEIR
REQUEST FOR LETTERS OF INTEREST MAY BE GROUNDS FOR ELIMINATION FROM THE
SELECTION PROCESS.
XI. INSURANCE REQUIREMENTS
Consultant agrees that he or she will, in the performance of work and services under this
Agreement, comply with all Federal, State and Local laws and regulations now in effect, or
hereinafter enacted during the term of this Agreement that are applicable to Consultant, its
employees, agents or subcontractors, if any, with respect to the work and services described
herein.
Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount
as required by the City's Risk Manager before beginning work under this Agreement including, but
not limited to, Workers' Compensation Insurance, Unemployment Insurance, Consultant's Liability
Insurance, and all other insurance required by law. Consultant shall maintain such insurance in full
force and effect during the life of this Agreement. Consultant shall provide to the City's Risk
Manager certificates of all insurances required under this section prior to beginning any work under
this Agreement.
Consultant shall indemnify and save the City harmless from any damage resulting to them for
failure of either Consultant or any subcontractor to take out or maintain such insurance.
The following are required types and minimum limits of insurance coverage, which the Consultant
agrees to maintain during the term of this contract:
ERRORS AND OMISSIONS LIABILITY
MINIMUM LIMITS/AGGREGATE
$1,000,000/2,000,000
Neither Consultant nor any subcontractor shall commence work under this contract until they have
obtained all insurance required under this section and have supplied owner with evidence of such
coverage in the form of a Certificate of Insurance and endorsement.
The City shall approve such certificates.
ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at least A VII per Best's Key Rating
Guide; be licensed to do business in Florida.
All policies provided shall be Occurrence not Claims Made forms. The Consultant's insurance
policies shall be endorsed to add the City of Tamarac as an Additional Insured. The Consultant
shall be responsible for all deductibles.
n.
Temp. Reso. #9858
Exhibit 1 .
All of the policies of insurance so required to be purchased and maintained shall contain a provision
or endorsement that the coverage afforded shall not be canceled, materially changed or renewal
refused until at least thirty (30) calendar days written notice has been given to the City by certified
mail.
GOVERNING LAW:
INTERESTED CONSULTANTS WILL AGREE THAT CONTRACTS SHALL BE GOVERNED BY
THE LAWS OF THE STATE OF FLORIDA. VENUE WILL BE BROWARD COUNTY.
XII. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH L.O.I.
The following documents are to be executed, notarized, (if applicable) and submitted as a
condition to the Request for Letters of Interest:
a) Offeror's Certification
b) Non -Collusive Affidavit
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Temp. Reso. #9858
Exhibit 1
OFFEROR'S CERTIFICATION
WHEN OFFEROR IS AN INDIVIDUAL
IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this
day of .2001.
Witness
Witness
Signature of Individual
Printed Name of Individua
Business Address
City/State/Zip
Business Phone Number
State of Florida
County of
On this the day of 2001, before me, the undersigned Notary Public of
the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge
that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
NOTARY PUBLIC
SEAL OF OFFICE:
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
Paqe 1 of 4
Temp. Reso. #9858
OFFEROR'S CERTIFICATION Exhibit 1
WHEN OFFEROR IS A SOLE PROPRIETORSHIP OR OPERATES UNDER
FICTITIOUS OR TRADE NAME
IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this
day of , 2001.
Witness
Witness
State of Florida
County of
Printed Name of Firm
By:
Signature of Owner
Printed Name of Individual
Business Address
City/State/Zip
Business Phone Number
On this the day of , 2001, before me, the undersigned Notary Public of
the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge
that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
Page 2 of 4
Temp. Reso. #9858
Exhibit 1
OFFEROR'S CERTIFICATION
WHEN OFFEROR IS A PARTNERSHIP
IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this
day of , 2001.
Witness
Witness
State of Florida
County of
Printed Name of Partnership
By:
Signature of General/Managing Partner
Printed Name of Partner
Business Address
City/State/Zip
Business Phone Number
State of Registration
On this the day of , 2001, before me, the undersigned Notary Public of
the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge
that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
Page 3 of 4
Temp. Reso. #9858
OFFEROR'S CERTIFICATION Exhibit 1
WHEN OFFEROR IS A CORPORATION
IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this
- day of , 2001.
01
(CORPORATE SEAL)
ATTEST:
By Secretary
State of Florida
County of
Printed Name of Corporation
Printed State of Incorporation
Signature of President or
Authorized Officer
Printed Name of President or
Authorized Officer
Corporation Address
City/State/Zip
Business Phone Number
On this the day of , 2001, before me, the undersigned Notary Public of
the State of Florida, the foregoing instrument was acknowledged by
and
[Name of corporate officer(s) and his/her/their corporate title(s)]
of on behalf of the corporation.
[Name of corporation and state of place of incorporation]
WITNESS my hand
and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
NOTARY PUBLIC
SEAL OF OFFICE:
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
Page 4 of 4
NON -COLLUSIVE AFFIDAVIT
State of
)ss.
County of.
deposes and says that:
Temp. Reso. #9858
Exhibit ].
being first duly sworn,
1. He/she is the (Owner, Partner, Officer,
Representative or Agent) of
the Offeror that has submitted the attached Proposal,
2. He/she is fully informed respecting the preparation and contents of the
attached Proposal and of all pertinent circumstances respecting such
Proposal;
3, Such Proposal is genuine and is not a collusive or sham Proposal;
4. Neither the said Offeror nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have
in any way colluded, conspired, connived or agreed, directly or indirectly, with
any other Offeror, firm, or person to submit a collusive or sham Proposal in
connection with the Work for which the attached Proposal has been
submitted; or to refrain from bidding in connection with such Work; or have in
any manner, directly or indirectly, sought by agreement or collusion, or
communication, or conference with any Offeror, firm, or person to fix the price
or prices in the attached Proposal or of any other Offeror, or to fix any
overhead, profit, or cost elements of the Proposal price or the Proposal price
of any other Offeror, or to secure through any collusion, conspiracy,
connivance, or unlawful agreement any advantage against (Recipient), or any
person interested in the proposed Work;
5. The price or prices quoted in the attached Proposal are fair and proper and
are not tainted by any collusion, conspiracy, connivance, or unlawful
agreement on the part of the Offeror or any other of its agents,
representatives, owners, employees or parties in interest, including this
affiant.
Signed, sealed and delivered
in the presence of:
Witness
Witness
Printed Name
Title
Page 1 of 2
State of Florida
County of
Temp. Reso. 49858
Exhibit 1
On this the day of , 2001, before me, the undersigned Notary Public
of the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
Page 2 of 2
Temp. Reso. #9858
Exhibit 2
/_Tr]:7:I =1►4I=1al
BETWEEN THE CITY OF TAMARAC
AND
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 principa offices 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.
1
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.
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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.
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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.
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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.
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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: r
�.c�y►J L � ��
Marion Swenson, CIVIC
City Clerk
Date. �d 0
CITY OF TAMARAC
o Schreiber, Mayor _C
Date: c7 / / 5('/, v
Je y Miller, City Manager
Date:
r vfasTford gal
/Suffi ie
Cq tlt'L'
Odhell S. Kraft, City A torney
R
ATTEST:
Signature
5t/612.1.l t l r tiI r_ - <_ r i nJ
Type/Print Name
STATE OF FLORIDA
COUNTY OF Oft I - Off[)C-
RONAW t OOK, P.A.
i
Signature
(4 L, I& , (C
Type/Print Name of Consultant
Date: C?-
ACKNOWLEDGEMENT
IM9
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 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 , 2002.
NOTARY PUI(J�, 5t4FJlj�ffida at
Large
g .z f" <' :Cr: �rwaon t TADW90
Zir, Sep. 18, M
cw Iuc
(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