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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 2 tiliu'_ 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 * * * 3 i 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. 5 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. 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. 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. 2 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. 3 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. 4 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. 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 7