HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-008 • Temp. Reso #13545
January 14, 2021
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2021-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA; APPROVING AMENDMENT #18
TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC
AND RONALD L. BOOK, P.A., FOR LOBBYING SERVICES,
EXTENDING THE AGREEMENT FOR ONE YEAR
THROUGH JANUARY 25, 2022 NUNC PRO TUNC, AT A
COST NOT TO EXCEED FIFTY-NINE THOUSAND FOUR
HUNDRED DOLLARS ($59,400.00) PER YEAR;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE THE AMENDMENT TO THE AGREEMENT FOR
LOBBYING SERVICES; 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 Ronald L. Book,
P.A. on September 11, 2002, (a copy of said agreement is on file in the office of the City
Clerk), providing for said lobbying services for a one (1) year period; and
WHEREAS, the City of Tamarac has amended the Agreement annually providing
for continuation of lobbying services; and
WHEREAS, the existing agreement is in effect through January 25, 2021 and
• provides that the parties may terminate, renew and/or renegotiate the agreement; and
Temp. Reso #13545 •
January 14, 2021
Page 2
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to approve and
execute Amendment #18 to the Agreement between the City of Tamarac and Ronald L.
Book, P.A. providing for Lobbying Services at a cost not to exceed $59,400 extending
the agreement through January 25, 2022, attached hereto as Exhibit "A".
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 #18 to the
Agreement between the City of Tamarac and Ronald L. Book, P.A., providing for
lobbying services at a cost not to exceed $59,400, extending the agreement through
January 25, 2022.
SECTION 3: The appropriate City Officials are hereby authorized to execute the
Amendment to the Agreement for Lobbying Services between the City of Tamarac and
Ronald L. Book P.A., 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
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or •
Temp. Reso #13545
January 14, 2021
Page 3
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this , 7 t�i day of �j , 2021.
Vei :(MICLE J. GOMEZ MAYOR
ATTEST:
11) JENNJI4 JOH SON, C
City Clerk
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST l: COMM BOLTON
DIST 2: COMM.GELIN _
DIST 3: VIM VILLALOBOS
DIST 4: COMM.PLACKO
I HEREBY CERTIFY that I have
approv i ESOLUTION as to form.
I City Atto ney
•
TAMARAC
City of Tamarac The City For Your Life Purchasing& Contracts Division
AMENDMENT #18
TO AGREEMENT
BETWEEN THE CITY OF TAMARAC
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 N.E. 191 Street, PH6, Aventura, Florida,
33180 ("Consultant") agree to execute Amendment#18 to the original 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, as amended by the City Commission on August
27, 2003, August 25, 2004, September 11, 2005, September 13,
2006, September 27, 2007, September 10, 2008 January 27, 2010,
January 26, 2011, January 11, 2012, January 26, 2013, January 26,
2014, January 26, 2015, January 26, 2016, January 11, 2017,
January 26, 2018, January 23, 2019 and January 8, 2020 the City
and Consultant agree to exercise the renewal option for a term
effective January 26, 2021.
* * *
2. Section 3 of the agreement shall be amended as follows:
3) Time of Commencement and Performance Evaluation
The term of this Agreement shall be January 26, 2021 through
January 25, 2022. 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.
* * *
3. Add Section 18, "Scrutinized Companies"
18) Scrutinized Companies
By execution of this Agreement, in accordance with the
requirements of F.S. 287.135 and F.S. 215.473, CONTRACTOR
certifies that CONTRACTOR is not participating in a boycott of
Israel. CONTRACTOR further certifies that CONTRACTOR is not
IMI�i�'I
TAMARAC
the City For Your Life
City of Tamarac Purchasing& Contracts Division
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 CONTRACTOR 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 CONTRACTOR of the
CITY's determination concerning the false certification.
CONTRACTOR 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, CONTRACTOR shall
have ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination of false certification
was made in error. If CONTRACTOR 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. Add Section 19, "Public Records"
19) Public Records
19.1 The CITY is a public agency subject to Chapter 119, Florida
Statutes. The CONTRACTOR shall comply with Florida's
Public Records Law. Specifically, CONTRACTOR shall:
19.1.1 Keep and maintain public records required by the
CITY in order to perform the service;
19.1.2 Upon request from the CITY, provide the public
agency with a copy of the requested records or allow the
records to be inspected or copied within a reasonable
time at no cost to the CITY.
19.1.3 Ensure that public records that are exempt or
confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by
law for the duration of the contract term and following
completion of the Agreement and any renewals thereof
if CONTRACTOR does not transfer the records to the
CITY.
19.1.4 Upon completion of the Agreement, transfer, at
no cost to the CITY, all public records in possession of
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TAMARAC
The City For Your Cite
City of Tamarac Purchasing& Contracts Division
CONTRACTOR, or keep and maintain public records
required by the CITY to perform the service. If
CONTRACTOR transfers all public records to the CITY
upon completion of the Agreement, CONTRACTOR
shall destroy any duplicate public records that are
exempt or confidential and exempt from public records
disclosure requirements. If CONTRACTOR keeps and
maintains public records upon completion of the
Agreement, CONTRACTOR shall meet all applicable
requirements for retaining public records. All records
stored electronically must be provided to the CITY, upon
request from the CITY's custodian of public records in a
format that is compatible with the information technology
systems of the CITY.
19.2 During the term of this Agreement and any renewals,
CONTRACTOR shall maintain all books, reports and
records in accordance with generally accepted
accounting practices and standards for records directly
related to this contract.
5. Add Section 20, "Public Records Custodian"
20) Public RECORDS CUSTODIAN
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
* * *
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TAMARAC
The City For Your Lite
City of Tamarac Purchasing& Contracts Division
6. Add Section 21, "E-Verify"
21) "E-Verify
Definitions:
"Agency"or"Public Employer"for purposes of this section shall mean
the City of Tamarac, a Municipal Corporation which is a political
subdivision of the State of Florida.
"Contractor" means a person or entity that has entered or is
attempting to enter into a contract with a public employer to provide
labor, supplies, or services to such employer in exchange for salary,
wages, or other remuneration. "Contractor" includes, but is not
limited to, a vendor or consultant.
"Subcontractor" means a person or entity that provides labor,
supplies, or services to or for a contractor or another subcontractor
in exchange for salary, wages, or other remuneration.
"E-Verify system" means an Internet-based system operated by the
United States Department of Homeland Security that allows
participating employers to electronically verify the employment
eligibility of newly hired employees.
Effective January 1, 2021, public and private employers, contractors
and subcontractors will begin required registration with, and use of,
the E-verify system in order to verify the work authorization status of
all newly hired employees. Contractor acknowledges and agrees to
utilize the U.S. Department of Homeland Security's E-Verify System
to verify the employment eligibility of:
a) All persons employed by Contractor to perform employment
duties within Florida during the term of the contract; and
b) All persons (including sub-
vendors/subconsultants/subcontractors) assigned by
Contractor to perform work pursuant to the contract with the
City. The Contractor acknowledges and agrees that use of the
U.S. Department of Homeland Security's E-Verify System
during the term of the contract is a condition of the contract
with the City of Tamarac.
Should Vendor become the successful Contractor awarded
for the above-named project, by entering into this Agreement,
the Contractor becomes obligated to comply with the
provisions of § 448.095, FL. Statutes, as amended from time
to time. This includes but is not limited to utilization of the E-
Verify System to verify the work authorization status of all
newly hired employees; and requiring all Subcontractors to
provide an affidavit attesting that the Subcontractor does not
TAMARAC
The City For Your Life
City of Tamarac Purchasing& Contracts Division
employ, contract with, or subcontract with, an unauthorized
alien. The Contractor shall maintain a copy of such affidavit
for the duration of the contract. Failure to comply will lead to
termination of this Contract, or if a Subcontractor knowingly
violates the statute, the Subcontract must be terminated
immediately. Any challenge to termination under this provision
must be filed in the Circuit Court no later than 20 calendar
days after the date of termination. If this contract is terminated
for a violation of the statute by the Contractor, the Contractor
may not be awarded a public contract by the City for a period
of 1 year after the date of termination. By signing below, the
Vendor acknowledges these terms shall be an integral part of
its bid and the Contract.
All other provisions of the Original Agreement, as amended, remain in effect
as written.
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ism Ns
TAMARAC
The City Far Your Lite
City 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, Ronald L. Book, P.A.,
duly authorized to execute same.
CITY OF TAMARAC
fea-
Mich Ile J. Gomez, Mayl
— I I —2(-12-;
ATTf`S i Michael C. Cernech City Man er
ESTASLIShIE
_ AOD '• �:_ Y 9
Je► iln s gft C Q\ Date
City Cre,r(, ...... . ' �
, �9°'COUN-c\`�\
—/ t4b26%g_y A form and legal sufficiency:
Date
O.t inot,IInte im City Attorney
itZA2
Dat
6
-II
TAMARAC
Iho Clly far Yaur Lilo
City of Tamarac Purchasing&Contracts Division
ATTEST:
Signs a Consultant
Signature Type/Print Name,- Co sultant
cc,
Type/Print Name Date
(CORPORATE SEAL)
STATE OF FLORIDA• I�t� •
COUNTY OF +hl✓V"
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 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 OFCMAAW:-.-2,6) 26)
Signat ra•of-Notary Public
BONETTE MOSCHELLA State of Florida at Large
MY COMMISSIOtf#GG084325 �// /� /1 t
1 '6a / �`L &f EXPIRES March 9.2021 t
Print, Type or Stamp
Name of Notary Public
ersonally known to me or
❑ Produced Identification
Type of I.D. Produced
DID take an oath, or
❑ DID NOT take an oath.
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
RONALD L. BOOK, P.A.
THIS AGREEMENT is made and entered into this // day of � :,;,,.,_. 200a--
by and between the City of Tamarac, a municipal corporation with principal :ffices 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.
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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.
i. 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.
I. 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 transferor 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.
CITY OF AMARAC
' .-- —C--e-- Z-v---k-
Schreiber,, Mayor
Date: '1! «( °
ATTEST:
Je D r y iller, City Manager
.cis-cam 7,14< r-�
Marion Swenson, CMC Date: 0 ?—
City Clerk qb
Date: eV/elf 9Y ro d as to form and legal
u lc' nc •
. OL
Mi hell S. aft, City orney
6
ATTEST: RONA 00K, P.A. /t
Signature Signature
-e I s / n
L
Type/Print Name Type/Print Name of Consultant
Date: ( 1 ( ?—
ACKNOWLEDGEMENT
STATE OF FLORIDA •
:SS
COUNTY OF plI m[-01-06
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 J/ day of S�'�Y , 2002.
NOTARY P a of�Fk clda at
Large _
•
(Name of Notary Public: Print, Stamp, or
Type as Commissioned)
( PPersorially known to me or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath
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