HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-010 Temp. Reso. #13549
January 7, 2021
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2021-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA; APPROVING AMENDMENT #12
TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC
AND THE FERGUSON GROUP, LLC, FOR FEDERAL
LOBBYING SERVICES, EXTENDING THE TERM OF THE
AGREEMENT FOR A ONE YEAR PERIOD EFFECTIVE
FEBRUARY 13, 2021 AT A COST NOT TO EXCEED
EIGHTY-FIVE THOUSAND FIVE HUNDRED ($85,500.00)
DOLLARS PER YEAR; AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AMENDMENT #12 TO THE
AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
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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 The Ferguson
Group LLC, on February 13, 2008, (a copy of said agreement is on file in the office of
the City Clerk), providing for said lobbying services for a two (2) year period; and
WHEREAS, the City of Tamarac has amended the Agreement annually providing
for continuation of lobbying services; and
WHEREAS, the current agreement expires on February 12, 2021 and provides
that the parties may renew the agreement; and
Temp. Reso. #13549 •
January 7, 2021
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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 #12 to the Agreement between the City of Tamarac and The
Ferguson Group, LLC (attached hereto as Exhibit "A"), providing for Federal Lobbying
Services at a cost not to exceed Eighty-Five Thousand Five Hundred ($85,500.00)
Dollars, extending the agreement for a one year term through February 12, 2022.
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
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Resolution. All exhibits attached hereto are incorporated herein and made a specific
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part of this Resolution.
SECTION 2: The City Commission hereby approves Amendment #12 to the
Agreement between the City of Tamarac and The Ferguson Group, LLC providing for
Federal Lobbying Services at a cost not to exceed $85,500, extending the agreement
through February 12, 2022.
SECTION 3: The appropriate City Officials are hereby authorized to execute
Amendment to the Agreement for Lobbying Services between the City of Tamarac and
The Ferguson Group, LLC, 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 •
• Temp. Reso. #13549
January 7, 2021
Page 3
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 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this -4 1 `day of `ANff , 2021.
/1/( Lae J
MICHELLE J. GOMEZ, Iyor
ATTEST:
•
JENNIFER JOHNSON, MC
City Clerk
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM BOLTON "I E'S
DIST 2: COMM GELIN
DIST 3: V/M VILLALOBOS ;
DIST 4: COMM PLACKO `df>-
I HEREBY CERTIFY that I have
approved this SQLUTION as to form.
/7/
Hans iriot �
Interim City Attorney
• /NR
Exhibit A
TAMARAC
The City For Your Life
City of Tamarac Purchasing& Contracts Division
AMENDMENT#12
TO AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
THE FERGUSON GROUP, LLC
The CITY OF TAMARAC ("City") and THE FERGUSON GROUP, LLC a Limited
Liability Company with principal offices located at 1901 Pennsylvania Ave. N.W.,
Washington, DC 20006 ("Consultant") agree to execute Amendment #12 to the original
Agreement dated February 13, 2008, amended February 4, 2010, February 9, 2011,
February 8, 2012, February 13, 2013, January 22, 2014, February 11, 2015, January
13, 2016, February 8, 2017, January 24, 2018, January 23, 2019, February 12, 2020
and January 27, 2021 providing for Lobbying Services as follows:
1. Article 1 of the agreement shall be amended as follows:
ARTICLE 1 — EFFECTIVE DATE
1.1 The effective date of this Agreement shall be for a one (1)
year period beginning on February 1-3, 2020 February 13,
2021.
2. Article 3 of the agreement shall be amended as follows:
Article 3 - COMPENSATION
3.1 The City shall pay an annual aggregate fee of $€7900
$85,500, inclusive of expenses with the exception of out of
town travel expenses and travel from Washington DC to City
which may be reimbursed subject to prior written approval by
the City.
* * *
3. Add Article 23, "Scrutinized Companies"
Article 23 — SCRUTINIZED COMPANIES
23. By execution of this Agreement, in accordance with the
requirements of F.S. 287.135 and F.S. 215.473,
IAMANAU
The City For Your Life
City of Tamarac Purchasing 8 Contracts Division
CONTRACTOR certifies that CONTRACTOR is not
participating in a boycott of Israel. CONTRACTOR further
certifies that CONTRACTOR is not 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 Article 24, "Public Records"
Article 24—PUBLIC RECORDS
24.1 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:
24.1.1 Keep and maintain public records required by the
CITY in order to perform the service;
24.1.2 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.
24.1.3 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.
2
IAMAKM;
The City For Your Life
City of Tamarac Purchasing&Contracts Division
24.1.4 Upon completion of the Agreement, transfer,at
no cost to the CITY, all public records in possession of
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.
24.2 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 Article 25, "Public Records Custodian"
Article 25 - 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
C ITYC LE RK@TAMARAC.ORG
* * *
I AIVIAKAtr
The City For Your Life
City of Tamarac Put chasing& Contracts Division
6. Add Article 26, "E-Verify"
Article 26 - "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 employ, contract with, or subcontract
IAMARAU
The City For Your Life
City of Tamarac Purchasing&Contracts Division
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.
IAIVIAHAt;
The City For Your Life
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, duly
authorized to execute same.
CITY OF TAMARAC
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````��i i i i i f f f f��/ Michele J. Gomez, Mayor
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I AMAKAU
The City For Your Life
City of Tamarac Purchasing&Contracts Division
FERGUSON OUP,J. 0
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ATTEST: Signature of GBnsultant
W.Roger Gwinn,CEO
Signet re y Type/Print Name of Consultant
Mark A.Limbaugh,President 01/07/2021
Type/Print Name Date
(CORPORATE SEAL)
STATE OF D.C. •
: ss.:
COUNTY OF Washington
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
W.Roger Gwinn _of The Ferguson Group, LLC, a CEO ,
Limited Liability Company, to me known to be the person described in and who
executed the foregoing instrument and acknowledged before me that he executed the
same. 1
WITNESS my hand and official seal this day of January 7,,,=:•---^:120
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` ignature of No a 'Tub
( State of WDC at Large
John H. Smith III
N H. III
NOTARYPU6UC STRCiTOFCOLUMBIA Print, Type or Stamp
My Commission Expires March 31,2023 Name of Notary Public
® Personally known to me or
❑ Produced Identification
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