HomeMy WebLinkAboutReso 2024-3688RESOLUTION NO. 2024 - 5&66
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING FIRST AMENDMENT TO THE AGREEMENT WITH RONALD
L. BOOK, P.A. FOR PROFESSIONAL LEGISLATIVE RELATIONS AND LOBBYING
SERVICES, IN A TOTAL AMOUNT NOT TO EXCEED SEVENTY-TWO THOUSAND
FIVE HUNDRED DOLLARS AND NO CENTS ($72,500.00), EFFECTIVE FROM
AUGUST 1, 2024, THROUGH JULY 31, 2025, ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND TO DO
ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on August 17th, 2023, via Resolution No. 2023-3544, the City Commission of
the City of Sunny Isles Beach (the "City") approved an Agreement with Ronald L. Book, P.A.
("Lobbyist") for Professional Legislative Relations and Lobbying Services (the "Services"), in an
amount not to exceed $72,500; and
WHEREAS, since 1998 the City has contracted the Lobbyist for the provision of Services;
and
WHEREAS, the Lobbyist has performed well overall, assisting the City in securing grant
monies from State and County agencies; and
WHEREAS, the City and the Lobbyist desire to continue their professional association
and wish to approve First Amendment to the Agreement for the Services, in an amount of Sixty -
Five Thousand Dollars and No Cents ($65,000.00), in addition to Seven Thousand Five Hundred
Dollars and No Cents ($7,500.00) for reimbursements, for a total amount not to exceed Seventy -
Two Thousand Five Hundred Dollars and No Cents ($72,500.00), effective from August 1, 2024,
through July 31, 2025, in accordance with the professional Services agreement, attached hereto
as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of First Amendment. The City Commission hereby approves the First
Amendment to the Agreement with Ronald L. Book, P.A. for legislative relations and lobbyist
services, in a total amount not to exceed Seventy -Two Thousand Five Hundred Dollars and No
Cents ($72,500.00), effective from August 1, 2024, through July 31, 2025, attached hereto as
Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to
execute said agreement and to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
@BCL@440BD4D3.doc Page 1 of 2 209
PASSED AND ADOPTED this 181h day
Larisa Svechin, Mayor
ATTEST: APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Mauricio etancur, P
MC, City Clerk 46n E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved b Seconded by: �t/,�//S_S0 {� .5��
f/��1� Y �
Vote:
Mayor Svechin ��� (Yes) (No)
Vice Mayor Lama ✓(Yes) (No)
Commissioner Joseph ✓ (Yes) (No)
Commissioner Stuyvesant .7' es) (No)
Commissioner Viscarra es) (No)
@BCL@440BD4D3.doc Page 2 of 2 210
SNNNY qF
F FIRST AMENDMENT TO THE AGREEMENT BETWEEN
zoF se
THE CITY OF SUNNY ISLES BEACH AND RONALD L. BOOK, P.A.
5e . FLOR
CST o NO
THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF
SUNNY ISLES BEACH ("City") and RONALD L. BOOK, ESQUIRE, an attorney, and
member of the Florida Bar, doing business as RONALD L. BOOK, P.A. (hereinafter referred to
as "Contractor"), executed this day of July 2024, is made a part of the original Agreement
between the City and Contractor, dated August 1, 2023 ("the Agreement"), attached hereto as
Attachment "A." The City and Contractor hereby agree as follows:
1. OPTION TO RENEW. Effective August 1, 2024, the City hereby elects to exercise its
option to renew the Agreement for one (1) year, as set forth in Section 3 of the original Agreement.
There are no remaining renewals.
2. ADDITIONAL COMPENSATION. City and Contractor also wish to amend Section 5
of the Agreement, entitled "Compensation," to provide additional compensation for the one (1)
year renewal term, in the amount of Sixty -Five Thousand Dollars ($65,000.00), with an additional
amount not to exceed Seven Thousand Five Hundred Dollars ($7,500.00) for reimbursement of
reasonable costs, resulting in a total contract amount not to exceed Seventy -Two Thousand Five
Hundred Dollars ($72,500.00).
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties, dated August 1, 2023, shall
remain in full force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements, or provisions contained in any other
document or attachment, including but not limited to Attachment "A."
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of
the date mentioned above.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
RONALD L. BOOK, P.A. — FIRST AMENDMENT Pagel of 4 211
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
RONALD L. BOOK, P.A.
BY:
STATE OF FLORIDA:
COUNTY OF W ( *tQ :
L. Book, Esquire
The foregoing instrument was acknowledged before me by means of {`physical presence or ❑
online notarization, this _ day of July 2024, by Ronald L. Book, Esquire.
(SEAL)
Personally Known Produced Identification _
Type of Identification Produced:
No ary Public, Stat of Florida
{Si nature of Not Public)
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
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[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
RONALD L. BOOK, PA- —FIRST AMENDMENT Page 2 of
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
CITY OF
ISLES BEACH
Svechin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
RONALD L. BOOK, P.A. — FIRST AMENDMENT Page 3 of 4 213
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
RONALD L. BOOK, P.A. — FIRST AMENDMENT Page 4 of 4 214
4 SJNNY /,, s
O _ B7
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
0% ,o
AND RONALD L. BOOK, P.A.
OI tV fNot
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this 151day of August, 2023, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and RONALD L. BOOK, ESQUIRE, an
attorney, and member of the Florida Bar doing business as RONALD L. BOOK, P.A. (hereinafter
referred to as "Contractor"), whose address is 4000 Hollywood Blvd., Suite 677-S, Hollywood,
Florida 33021.
RECITALS
WHEREAS, the City is in need of Contractor to provide professional services for
coordination of the City's legislative relations and lobbying requirements ("Services"); and
WHEREAS, Contractor has the necessary experience to provide the desired Services; and
WHEREAS, pursuant to Section 62-13(B) the City's procurement code, contracts for
professional services are exempt from the City's competitive bidding procedures; and
WHEREAS, the City wishes to contract with Contractor to provide the desired
professional Services and shall pay Contractor annual compensation of Sixty -Five Thousand
Dollars and No Cents ($65,000.00), with reimbursable costs and expenses in an amount not to
exceed Seven Thousand Five Hundred Dollars and No Cents ($7,500.00), for a total contract
amount not to exceed Seventy -Two Thousand Five Hundred Dollars and No Cents ($72,500.00)
for the period of August 1, 2023 through July 31, 2024;
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. SERVICES. Contractor shall provide all necessary legislative relations and lobbying
services to the City, including advising the City Attorney and City Manager of any new legislation
that may affect the City. Such services shall include work for the purposes of securing funds and
grants for various purposes from State, Federal, and other sources promoting intergovernmental
cooperation in achieving the City's objective of securing funds and grants for parks and recreation
purposes, crime prevention, economic development, tourism, beautification, and traffic and
streetscape environment, beach renourishment, and other purposes. Contractor shall regularly
report the status of his efforts to the City Manager and the City Attorney.
The Services shall be performed by Contractor to the full satisfaction of the City. If the Contractor
fails to complete the Services pursuant to the terms of this contract and City must undertake the
completion of performance of Services, Contractor agrees to indemnify the City for all costs
incurred with respect to the completion of those Services and any damages the City may suffer as
a result of the Contractor's failure to perform the Services.
RONALD L. BOOK, P.A.
215
City of Sunny Isles Beach 18070 Collins Avenue. Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the initial term of this Agreement shall commence on August I, 2023 and shall
terminate on July 31, 2024. The City Manager may choose to extend this Agreement for one (1)
additional year at the same contract price.
The provisions of Sections 15 and 16 entitled "Indemnification and Waiver of Liability," and
..Compliance with Law," respectively. shall survive termination of this Agreement.
5. COMPENSATION. During the term of this Agreement. in whatever capacity rendered.
the City shall pay Contractor compensation for the Services performed under this Agreement
annually, in the amount of Sixty -Five Thousand Dollars ($65,000.00), and reimburse Contractor
for reasonable costs in an amount not to exceed Seven Thousand Five Hundred Dollars
($7,500.00), for a total contract amount not to exceed Seventy -Two 'Thousand Five Hundred
Dollar's ($72,500.00) under the following conditions:
a. Disbursements. Contractor shall be reimbursed by City for reasonable costs.
including travel expenses, telephone, copy fees. Federal i✓xpress, and postage. Such
costs shall not exceed Seven Thousand Five hundred Dollars ($7,500.00) for
contract year 2023-2024. If Contractor is traveling on behalf of several clients, the
City shall be responsible for such costs on a pro -rated basis.
b. Payment Schedule. Contractor shall submit invoices to the City on a monthly basis.
invoices received from the Contractor pursuant to this Agreement will be reviewed
by the initiating City Department. If services have been rendered in conformity
with the Agreement, the invoice will be sent to the Finance Department for
payment. Invoices must reference the Agreement number assigned hereto.
Invoices will be paid in accordance with the State of Florida Prompt Payment Act.
The City will pay properly submitted Contractor invoices within thirty (30) days of
receipt, for completed and accepted deliveries or specified services and/or goods,
unless the City notifies the Contractor in writing of the dispute, before payment is
due.
Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission. if the City should not appropriate or otherwise make available funds
sufficient to purchase the Services procured pursuant to this Agreement, the City
may unilaterally terminate any and all contractual or other obligations herein
without any further liability or penalty upon twenty (20) days' notice to Contractor.
d. Final Invoice. In order for both parties herein to close their books and records. the
Contractor will clearly state "final invoice" on the Contractor's linalllast billing to
the City, This certifies that all services have been properly performed and all
charges and costs have been invoiced to the City. Since this account will thereupon
be closed. any other additional charges, if not properly included on this filial
invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead. or any other expenses or costs unless any such expense or cost is incurred by Contractor
RONALD L. BOOK PA 2
216
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
with the prior written approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any
form of indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement, or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been undertaken
by the City. Contractor shall be responsible for any and all of its own expenses in performing its
duties as contemplated under this Agreement. The City shall not be responsible for any expense
incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or
pay Social Security services and that such obligations shall be that of the Contractor, other than
those set forth in this Agreement. Contractor shall furnish its own transportation, office and other
supplies as it determines necessary in carrying out its duties under this Agreement.
7. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in
a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate the
Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
particular terns of the Agreement and grant Contractor ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an amount
equal to the actual cost of a third party to cure such failure. If Contractor fails,
refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
(i) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
(ii.) Notwithstanding the foregoing, the Conti -actor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
B. Termination for Convenience. The City and Contractor, respectively, at their sole
discretion may, terminate this Agreement at any time upon thirty (30) days advance
written notice to the other. In the event of such termination, the City shall be
RONALD L. BOOK PA
217
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
obligated for costs incurred prior to the termination notice. The terms of Paragraph
7A(i) and A(ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
8. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of ten (10) years subsequent to the expiration or
termination of this Agreement, disclose to any person or entity, other than in the discharge of the
duties of the Contractor under this Agreement, any information which the City designates in
writing as "confidential." As a violation by the Contractor of the provisions of this Section could
cause irreparable injury to the City and there is no adequate remedy at law for such violation. the
City shall have the right, in addition to any other remedies available to it at law or in equity, to
enjoin the Contractor from violating such provisions.
9. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device, in the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO T141S AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY
WAIVE ANY RiGHTS EITHER PARTY MAY HAVETO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity. or of any other immunity, defense, or privilege enjoyed
by the City pursuant to Section 768.28, Florida Statutes,
10. NOTICES. All notices and other communications required or pennitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service.
or (iii) by electronic mail (E -Mail) with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
RONh(:) I BOOK PA
218
City of Sunity Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
If to the City:
Stan Morris
With a copy to:
City Manager
City Attorney
City ol' Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Avenue
18070 Collins Avenue
Fourth Floor
Fourth Floor
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1776
Tel: (305) 792-1766
slnorrisc sibfl.net
aboileau cr n nlaw.com
If to the
Ronald L. Book, Esq.
Contractor:
Ronald L. Book, P.A.
4000 Hollywood Blvd., Suite 677-S
Hollywood, Florida 33021
Tel: 305-935-1866
ron c rlbook a.com
11. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
A. Contractor shall keep and maintain public records required by the City to perform the
service.
13. Upon request from the City.. Contractor shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes,
or as otherwise provided by law.
C. Contractor shall 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 contract if
the Contractor does not transfer the records to the City.
D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all
public records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public
records to tite City upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public records
upon completion of the contract, the Contractor shall meet all applicable requirements
for retaining public records. All records stored electronically must be provided by
Contractor to the City, upon request from the City, in a format that is compatible with
the information technology systems of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RONALD 1. BOOK PA
219
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 41'
Floor, Sunny Isles Beach, Florida 33160.
12. MALPRACTICE INSURANCE. The Contractor shall carry lawyer`s professional
malpractice insurance or other form of insurance, which shall provide coverage of not less than
Five Hundred Thousand Dollars ($500,000.00).
13. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil
rights ordinances and with Title V1 of the Civil Rights Act of 1984 as amended, Title Vlll of the
Civil Rights Act of 1968 as amended, Title I of the Housing and Community Development Act of
1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not
discriminate against any employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or
status with regard to public assistance.
The Contractor will take affirmative action to ensure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination,
rates of pay or other forms of compensation, and selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Contractor agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U,S.C. 708), which
prohibits discrimination against the handicapped in any Federally assisted program.
14. CONFLICT OF INTEREST. Contractor shall not be prohibited from representing or
providing the like services to other persons and entities besides City, so long as Contractor shall
avoid any representation or relation which would create a conflict of interest, as determined by the
City Attorney and City Manager. Further. Contractor shall not take on any client or matter that
would jeopardize Contractor's ability to devote time. resources, and effort necessary to fulfill the
Services to the City hereunder.
15. INDEMNIFICATION AND WAIVER OF LIABILITY. 3b the fullest extent permitted
by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives,
officers. directors, officials, and employees from any claims, liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by
the professional negligence, error or omission of the Contractor or persons employed or utilized
by the Contractor in performance of Services under this Agreement.
Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
or pay for an attorney selected by the City to defend City. its agents, representatives, officers.
directors, officials, and employees from and against any and all causes of action, demands, claims,
losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses,
caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor,
including those of their employees, agents, servants, or officers, or accruing, resulting from, or
RONALD I. BOOK PA 6
220
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3 113 Fax
directly related to the subject matter of this Agreement including, without limitation, any and all
claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any lawsuit
or other proceeding is brought against City by reason of any such claim, cause of action or demand.
Contractor shall, upon written notice frorn City. resist and defend such lawsuit or proceeding by
counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum due Contractor under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents
specific consideration to the Contractor for the indemnification set forth in this Agreement.
16. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations, and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws') and shall obtain and maintain any and all material pert -nits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede and take priority over any inconsistent or conflicting provisions that are contained in
any other document.
18. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is
listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of
Israel is prohibited. Contractors must certify that the company is not participating in a boycott of
Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be
terminated at the City's option if it is discovered that the entity submitted false documents of
certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in
business operations in Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018, shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Attachment "A". Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to the Contractor of the City's determination concerning
the false certification. The Contractor shall have ninety (90) days following receipt of the notice
to respond in writing and demonstrate that the determination was in error. If the 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 Florida Statute
Section 287.135.
19. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal
governments, to verify the employment eligibility of all new public employees through the U.S.
Department of Homeland Security's E -Verify System, and further provides that a public employer
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City of Sunny Isles Reach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
may not enter into a contract unless each party to the contract registers with and uses the E -Verify
system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a
subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the
subcontractor does not employ, contract with. or subcontract with an unauthorized alien. In
accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Contractor during the
contract term. Further, Contractor must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verily
requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website
(https://www.e-verify.goviemployerslcnrolling-in-e-verify) and follow the instructions. The
Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment "B".
20. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions ofthis Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be decreed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
F. This Agreement shall not be subject to assignment by either party hereto.
[SIGNATURE PAGE TO FOLLOW]
RONALD L. BOOK PA
222
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the dad= and year first written above.
WITNE
4s6Aa"
Si iature
DUNS
Print Name .
ATI
BY:
BY:
Department Head
R AL L. BOOK, P.
r`
Ronald L. Book, Esquire
CITY OF/SUNNY ISLES BEACH
B .
Larisa Svec ' avor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:�ftJ
Ant --."or Nabors, Giblin &
Nickerson, P.A., City Attorney
RONALD L BOOK PA 9
223
City of Sunny Isles Beach 18070 Collins Avenue, Sunny lslcs Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
Contractor Anti -Boycott Certification
RONALD L BOOK PA
224
ti�pnt nrn
Of OE
1
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
(PURSUANT TO FLORIDA STATUTE § 287.135
on behalf of���d
Print Name Company Name
certifies that Qi cca tid L. ` xy4l A does not.
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Cuba or Syria.
225
Cily of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "B"
E -Verify Affidavit
RONALD L BOOK PA I i
226
Florida Statute 448.095 directs all public employers. including municipal governments, to verify the
employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -
Verify System, and further provides that a public employer may not enter into a contract unless each party
to the contract registers with and uses the E -Verify system.
Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor the
subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles
Beach are required to verify employee eligibility using the E -Verify system for all existing and new
employees hired by the contractor during the contract term. Further. the contractor must also require and
mainWn the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to
ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit
the E -Verify website (https://www,e-verify,gov/employers/enrolling-in-e-verifv) and follow the
instructions. The contractor must, as usual, retain the 1-9 Forms for inspection.
By affixing your signature below you hereby affirm that youwill comply with E -Verify requirements.
r—Q nLk-rhl a /
Company
-Offeror Signature
Print Name
Federal Employer Identification umber (FEINT
Date
0 -61 -
-Tule
Sworn to and subscrbed before me on this this t day of j Ci _77 2023
By LA L. 4411,1V L
Imo` Is personally known to me
❑ Has produced identlficabon (type of dentification produced
S gnat re of Notary Pub'"
PrW or Stamp of Notary Public Expftatio4nate
'ftf. NWWy PWOIQ state of Fh"Ms
00ftft Maiidiolla
W Cammi mon HM 102731
Exomros 03I1612A25
227
i Pp #�a s4r
F � FLO
C,r h Q F 5 ..} N
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Stan Morris, City Manager
DATE: J u ly 18, 2024
RE: Approval of a First Amendment to the Agreement with Ron Book, P.A. for
Lobbying Services
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
Since 1998, the City has contracted Ronald L. Book, P.A. for the provision of professional legislative and
lobbyist services. Mr. Book has performed well with securing grant monies from State and County
agencies and assisting with other legislative matters. The City requests that Mr. Book continue to
provide legislative relations and lobbyist services. The First Amendment is for the period of August 1,
2024, through July 31, 2025.
ADDITIONAL INFORMATION:
The total contract amount is the same as recent past years, $72,500.00, which is the aggregate of
$65,000 (compensation) and $7,500 (reimbursements).
FUNDING SOURCE:
Funds have been appropriated in account no. 001-2-5120-431001-00000.
ATTACHMENTS:
Resolution
First Amendment
Item Number: 10.M
208