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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-184Page 1 Temp. Reso #10805 Rev. #1 — Sept. 19, 2005 REV. #2 — Sept. 26, 2005 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005--L6-4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AMENDMENT #4 TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND MITCHELL CEASAR, P.A., FOR LOBBYING SERVICES EXTENDING THE AGREEMENT FOR AN ADDITIONAL ONE (1) YEAR PERIOD AT A COST OF $40,000.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac Commission has expressed an interest in retaining the services of a qualified professional lobbyist to provide the City of Tamarac with grants procurement assistance ; and WHEREAS, Mitchell Ceasar, P.A. has counseled the City on various legislative and grant issues; and WHEREAS, the City of Tamarac entered into an Agreement with Mitchell Ceasar, P.A. on November 9, 2001 (attached hereto as Exhibit "A") providing for said lobbying services for a one (1) year period; and WHEREAS, the City of Tamarac executed an Amendment to Agreement between the City of Tamarac and Mitchell Ceasar, P.A. on October 21, 2002 for an additional one (1) year period (attached hereto as Exhibit "B"); and Page 2 Temp. Reso #10805 Rev. #1 - Sept. 19, 2005 REV. #2 - Sept. 26, 2005 WHEREAS, the City of Tamarac executed Amendment #2 to Agreement between the City of Tamarac and Mitchell Ceasar, P.A. on September 24, 2003 for an additional one (1) year period (attached hereto as Exhibit "C"); and WHEREAS, the City of Tamarac executed Amendment #3 to Agreement between the City of Tamarac and Mitchell Ceasar, P.A. on October 21, 2004 for an additional one (1) year period (attached hereto as Exhibit "D"); and WHEREAS, the existing agreement expires on October 20, 2005 and provides that the parties may terminate, renew and/or renegotiate the agreement; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute Amendment #4 to the Agreement between the City of Tamarac and Mitchell Ceasar, P.A. for lobbying services extending said services for an additional one (1) year period at a cost of $40,000 per year (attached hereto as Exhibit "E") NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing 'WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to execute Amendment #4 to the Agreement between the City of Tamarac and Mitchell Ceasar, P.A., (attached hereto as Exhibit °E"), for lobbying services extending the agreement for an Page 3 Temp. Reso #10805 Rev. #1 — Sept. 19, 2005 REV. #2 — Sept. 26, 2005 additional one (1) year period at a cost not to exceed Forty Thousand ($40,000.00) Dollars, and to amend the budget as required. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this JEday of 5-,,o WPtyl b r' , 2005. r r"JOE SCHREIBER, Mayor ATTEST: i.I-L. Y O J 1-474^J RECORD OF COMMISSION VOTE: MARION SWENSO , CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: WM TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. i i 1 4 11JEL S. GOR N INTERIM CITY ATTORNEY AGREEMENT '�BV FWS0 10805 EMBrr A BE'RVEEN THE CITY OF TAMARAC AND MITCHELL CEASAR THIS AGREEMENT is made and entered into this day of 2C0 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City-,) and Mitchell Ceasar, P.A. an individual with principal offices located at 8181 West Broward Boulevard, Suite 201, Plantation, Florida 33324 (the "Consultant") to provide for Lobbying 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 if anached to this Agreement or repeated therein. 2) Scope of Work The Consultant shall perform all work for the City required by the contract documents as set forth below: Consultant shall establish and maintain liaisons with governmental agencies, bfficers and elected officials as necessary to provide requilred services. Consultant shall provide grant related and locailobbying services as maybe direc-,edby the City through the office of the City Manager. Such ser\,ice shall include local and tegional lobbying services as required. c) Consultant shall investigate, identify and advise the City on availability of potential grant and program funding sources for those Projects identified in the City's Five Year Capi,al Improvements Program and Strategic Plan. . C-Or.sLillant shall lobby to obtain funding al)oca,lions by Federal C-OveirnMeit, Slate of Ficrida, Broward County, and Broward Couny School Board or arly other funding 5OJrCe appropriale and available. 0 COr-su!tant agrees that all reports and comrnjri.�at ior�,s from f."e ConsLj!'ant will be I d:rected to the City Manager or designee, Consultant shall submit mon!Yy wriften reports to the City Manager detailing specific plans, efforts and accornplls.�ments on behalf of the City, The reportshall document all meetings, and all relevant verbal and V.1rit-,en communications carried out pursuant to this Agreement. Consultant shall appear quarterly at City Commission meetings to formally report on i7clivities. g) Consultant shall comply with any and all Federal, State, and local laws and regulations now in effect. or hereinafter enacted during the term of this Agreement, which are applicable to the Consultant, its employees, agents or subConsultants, if any, with respect to the work and services described herein. 3) Time of Commencement and Performance EvalUMItion The term of this Agreement shall be for one year beginning October 21, 2001 through October 20. 2002. 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 pr . ior to renewal or at a specific date and lime determined by the City of Tamarac Commission, the Consultant will preseni 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 reporls as outlined in Paragraph 2(e). If the results of the Performance Evaluation are positive, the City of Tamarac Comrn�ssion may consider an increase in compensation to take. effect in the renewal Agreement. 4) Contract Sum Consultant shall per -form the services described in Paragraph 2. Upon satisfactory perfcrimance of said services described in Paragraph 2. the City will pay Consultani an amount of Twenty Five Thousand and/no Dollars (-S25,000) annually, payable in eleven month ly installments of $2,083.33 with a final installment of $2,083,37. 2 5) Payments Paymen twill be made upon completion, delivery, and acceptance by the City of the writien report as detailed in Article 2 and submission of an invoice for Said report. Consul, -ant shall not incur costs for performance of servicc-s under this Agreement in excess of said amount without the prior written authorization of the City Oanager or designe e. Wnsurance Consultant shall obtain at Consultant's expense all necessary insurance in such formand amount as required by theCity's Risk Managerbefore beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General I Liabiliry, and all other insurance as required by the City, including Pircgessional Liability when appropriate. Consultant shall maintain such insurance in full force and eff ect during the life of this Agreement. Consultant shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Consultant will ensure that all subConsullants comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. . Consultant shall indemnity and hold the City harmless for any damages resulting It I's; from failure of the Consultant to take out and maintain su�h insurance. Consui an Liability Insurance policies shall be endorsed to add the City as an additional insured. Consultant shall be responsible for payment of alldeductibles andselt-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, V I it camanes, liability. and expenses (including attorneys' fees) in connection w h 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 ils elected or aPpointed officials and employees. The above provisions shall survive the termination of this Agreement and shall perlain to any occurrence during the term of this Agreement, even though the claim may be rnade after the termination hereof. Nolhing contained herein is intended nor shall be construed to waive City's righ'.s 27d immuni!ies under the common law or Florida Statutes 768,28, as amended from time I .0 I;me. 8) N on-Dis cri mi nation The Consultant agrees that it shall not 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-disCrimi nation. The Consultant furiher agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any ViOlatlO,rl 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 Consul tan t shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof. shall not be subcontracted without the prior written consent of the city. 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, %,.,Ith return receipt requested, addressed to the party for whom it is intended at the fdlowlng addrC-SSES. C17Y Ci,y Manag'er City of Tamarac 7525 N.W. 88th Avenue Tamarac. FL 33321 ' With a copy to City A-lorney at the same address. 4 CONSULTANT Mitchell Ceasar 8181 West Broward Boulevard Suite 201 Plantation, Florida 33324 12) Termination This Agreement may be terminated by City or Consultant for cause or by the Cilry for convenience, upon thirty (30) days of written notice by the terminating party to [he other party for such termination in which event the Consultant shall be paid its compensation for services performed 10 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 indemnity the city against loss pertaining to this termination. 13) Agreement Subject to Funding This agreement shall remain in full force and eff ect 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 Slate of Florida as now and hereatter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 15) Signatory Authority The Consultant shall provide the City with copies of requisite documenta'ion evidencing that the signatory for Consultant has the authority 10 enter into this Agreement. 16) Severabillty; 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 unenfcrceability without invalidating the remaining Provisions hereof oraffecting the validity c; r enforceabil I ity of such provisions in any other jurisdiction. The nonenforcement of any 1 0 affe #' I e p,ovision by e ther party shall not constitute a Waiver of that Provision nor shall it c h cnfc�rceability of 1.�at provision or of the remainder of IKS Agreemeni. 17) Merger; Amendment 5 This Agreement constitutes the entire Agreement behveen 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 Mitchell Ceasar duly authorized to execute same. ATTEST: Marion Swe son, CIVIC City Clerk Date: VQ ATTEST: Signature Type; Print Name CITY OF TAMARAC Schreiber, Mayor Date: 11.14.01 Jeffrey L. Miller, City Manager Date: 01 App o e s to formCandlal Su c' n Mitchell S. Kraft, y MITCHELL CEASAA Signature t t CC. #�.%40/ Type/Print Name of Consultant Date: i t-c� u I I ECwP RESO 10805 EXHIBIT B AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND MITCHELL CEASAR, P.A. The City of Tamarac (City) and Mitchell Ceasar, P.A. an individual with principal offices located at 8181 West Broward Boulevard, Suite 201, Plantation, Florida 33324 (Consultant) agree to amend the original Agreement to provide for Lobbying Services dated November 9, 2001 as follows: Per the terms of Section 3 of the original Agreement dated November 9, 2001, the City and Mitchell Ceasar exercise the renewal option for a period effective October 21, 2002 through October 20, 2003. Section 3 of the original Agreement shall be amended as follows: 3) Time of Commencement and Performance Evaluation The term of this Agreement shall be for one year beginning. October 21 2002 through October 20, 200,3. 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. f Section 4 of the original Agreement shall be amended as follows: 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 Tweici4y-44veThirty Thousand and/no Dollars (4254gg4 30 000 annually, payable in elevefl--twelve monthly installments of � 52500 0n All other provisions of the original agreement remain in effect as written. V'Jprds are deleticns from agreement. 1'VorCs urderbr_ Aare additions to agreement. ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OFR�t �I 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 Mitchell Ceasar, an individual, to me known to be the persons) described herein and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal this +� day of %io U • 2001. "'V, "'0." ) /-/, V 6�?� Of","ti NOTARY PUBLIC, S of Florida at Large u�� Kl ��EFHAeER MY COMMISSIDW CC B57BQ2 EXPIRES. Juh 26 2= (Name of No . Type as Commissioned) (Personally known to me or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath 7 r fra-s D, . V; . siotl alld Con, TEMP FESO 10805 EXHBIT C AMENDMENT #2 TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND MITCHELL CEASAR, P.A. The CITY OF TAMARAC (City) and Mitchell Ceasar, P.A., a Florida corporation, with principal offices located at 8181 W. Broward Blvd., Suite 201, Plantation, FL 33324, (Consultant) agree to amend the Agreement for lobbyist services dated November 9, 2001 and amended October 24, 2002, as follows: 1. Per the terms of Section 3 of the original Agreement dated November 9, 200 1, the City and Consultant agree to exercise the renewal option for a term effective October 21, 2003, through October 20, 2004. 2. Section 2 of the agreement shall be amended as follows: 2) Scope of Work * * a h) Consultant agrees not to represent or negotiate with Ci!y Officials on behalf of any client that is in ne-gotiations with the City or who has a Proposal for goods or services Pending with the City. 3. Section 3 of the agreement shall be amended as follows: 3) Time of Commencement and Performance Evaluation The term of this agreement shall be for one year beginning QGtGber-�, � October 21, 2003 through Grtebel: 29, 2003 October 20,_2004. 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. 4. Section 4 of the a'greement shall be� amended as follows: 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 ThiFty Thausaffd-ThiEly Four Thousand and/no Dollars ($39,090�-LJ24.0001 annually, payable in tv� eleven monthly inst2liments of 45�.� 52..833.33 and one monthly installment of $2,833.37. * 0 * All other provisions of the original agreement remain in effect as written. Words atl;w k44.%e deletions f70M the 29rCEMer't. Worc!s unde1med are add�.Dnz to the agreernent IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement between the City of Tamarac and Mitchell Ceasar, P.A. to provide for Lobbying Services on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing byand through its Mayor, Joe Schreiber, and Mitchell Ceasar signing on his own behalf. ATTEST: r\larion Swenson, CIVIC City Clerk J I "1 Cate' ' ATTEST: ,i � ignature Type/Print Name Sworn and subscribed to me this day of ��e.Z. , 2002 ignature o Not ry Printed Name of Notary My Commission Expires CITY OF TAMARAC Joe Schreiber, Mayor Date . J')7 Jeffrey L. Nfiller, City Manager Date Appr ved'�as to j and legal sufficiency: Miichell Krgft, City Attorney Date Mitchell Ceasar, P.A. „► i ! -u L. Date 2 C!y r)' Tam 9 ra c Pur>>asi.ng and Con,.wac!_-]iV,SiOn _qW ATTEST: /7o_oratLeS_�e�c­re ta _rO Type/Print Name of Corporate Secy. (CORPORATE SEAL) STATE OF FLORIDA Mitchell Ceasar, P.A. C mpany Name Signature of President Mitchell Ceasar Type/Print Name of President q /_�- -S Date CORPORATE ACKNOWLEDGEMENT SS COUNTY OFRI- 0 i �l 1 HEREBY CERTIFY that on this dad, hefr►rn me, an Officer duty authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Mitchell Ceasar, President of Mitchell Ceasar, P.A., a Florida Corporation, to me known to be the person(s) described in end who executed the foregoing instrument and acknowledged before me that helshe executed the same. IN!TNESS my hand and official seal this=day of4 20 63 Signature of Notary Public ---- Mate of Florida at Large UNDA KIEFNABEH MY CDI.1MISSIDW DD 229581 �� / �T# EXPIRES: Juy26,2DG7 / (,�,� ,� A"L�j.��L�t� ,.W*.V:.. '_moM Tnru Noah POW UndOW40's Print, Type or Scamp Name of Notary Public 0 Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or Er DID NOT take an oath. pLi,eiasrng a -id ConfraC's DT '? �; ° 70mara---� ecuted IN WITNESS WHEREOF, the parties hereby made signat reX the City of this Amendment to Agreement on the respective dates under each Tamarac signing through its City Manager and itsCity Commission osigning n' ng by aind1ng by and through its through its Mayor, Joe eio execute sameiber. and . Ceas , 9 President, duly authorized CITY CITY OF TAMARAC Joe Schreiber, Mayor Date (zj/Ifferey ill , City Manager ATTEST: �iL�,. �Y>>� r , �✓ Date Marion Swenson, CMC amity Clerk � /�?V c .�) Date Date as to form at suff ncy: � i . Kra C' am y CITY OF 2A)1AR.,-X CITY 3fGR 64 ;f 7 , 4, .- . . , re. t TEMP RESO 10805 EXHBIT D AMENDMENT#3 TO AGREEMENT 13ETWEEN THE CITY OF TAMARAC AND MITCHELL CEASAR, P.A, The CITY OF TAMARAC ("City") and MITCHELL CEASAR, P.A., an individual with principal offices located at 8181 West Broward Boulevard,, Suite 201, Plantation, Florida 33324 (Consultant) agre6 to execute Amendment 43 to the original Agreement dated November 9, 2001 providing for Lobbying Services as follows: Per the terms of Section 3 of the original Agreement dated November 9, 2001, as amended by the City Commission on September 24, 2003, the City and Consultant agree to exercise the renewal option for a term effectve October 21, 2004 through September 10, 2005. 2. Section 3 of ihe Agreement shall be amended as follows: 3) Time of Com'mencement and Performance Evaluation The term of this Agreement shall be for one year beginning on Getebe 2 1. 299a Optober 21 through Oetebeio�- �,� QgLo �er 0 �2()05� Upon expiration of this terrm, 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. written. All , other provisions of the original Agreement. as amended, remain in effect a� IN WITNESS WHEREC)F, the parties have made and executed this Arnendment to Agreement on the respective dates under each signature, CITY OF TAMARAC, signing by and through its Mayor and City Manager. and Consultant, MITCHELL CEASAR, P.A., duly FROM : ---- . 2j./,Lu/v4 jo:jZ-kA 54724Z454 CITY OF TAMARAC CITY MGR C UO3 C fn 01. ;authoriiedlto execute same. CITY OF TAMARAC Joe SchrElber. Mayor Date ATTEST: Jeffrey L. Miller, City Manager Marion Swenson, CMC---� Date City Clerk Approved as to form and legal sufficiency: Date Mitchell S, Kraft, City Attorney ATTEST: -0- e Signature.of Consultant MITCHELL CEASAR Type/Print Name of Consultant Type/Print Name Vale (CORPORATE SEAL) 2 CITY Op TA}l.4RAC CITY .MGR �nol Y%tr• c1 r�r;��►r,9;; STATE OF FLORIDA COUNTY OF�P-: ss.: 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, p®rsonall appeared MITCHELL CEASAR, an individual, to me known to be the person described i executed the foregoing instrument and acknowledged before me that same. he execut dvthe WITNESS my hand and official seal this. /'11 day of J9 2004, Signature o otary Public " • UNDAKIEFKWR State of Florida at Large ttr y My COMMISSION # DD 229681 _x. EXPIRES: JWy X W n""'M nw non PL6hcuwr+r N Joe Print, Type or Stamp ,, �� Name of Notary Public: E Personally known to me or ❑ Produced Identification Type of I. D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath_ TR #10526 Exhibit "D" authorized to execute same. ATTEST: Marion Swen on, CIVIC City Clerk Date ATTEST: Signature Type/Print Name (CORPORATE SEAL) CIITy/Y OF TAMARAC ,,'Joee rSchreiber, Mayor' V Date Jeffrey L. iller, City Manager - Date - - - A G, /,,Apprer s to f r nd I sufficiency: Mitchell S. Kraft, Cit Attorney Date Signature of Consultant MITCHELL CEASAR Type/Print Name of Consultant Date 0ec- City of Tamarac Purchasing & Contracts Division AMENDMENT #4 TO AGREEMENT BETWEEN THE CITY OF TAMARAC UL, L MITCHELL CEASAR, P.A. The CITY OF TAMARAC ("City") and MITCHELL CEASAR, P.A., an individual with principal offices located at 8181 West Broward Boulevard, Suite 201, Plantation, Florida 33324 (Consultant) agree to execute Amendment #4 to the original Agreement dated November 9, 2001 providing for Lobbying Services as follows: Per the terms of Section 3 of the original Agreement dated November 9, 2001, as amended by the City Commission on September 24, 2003, and on September 22, 2004, the City and Consultant agree to exercise the renewal option for a term effective October 21, 2005 through September 10, 2006. 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 for one year beginning on GGtobe-r 21,2004 October 21, 2005 through Ortober 20, 2005 October 20, 2006. 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. 4. Section 4 of the agreement shall be amended as follows: 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 ThiFty FOUF Thousand Forty Thousand and/no Dollars0? 40 000 annually, payable in eleven monthly installments of $2,833-_33 3 333.33 and one monthly installment of $2- ,37 3 333.37. t City of Tamarrac Purchasing & Contracts Division All other provisions of the original Agreement, as amended, remain in effect as written. 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, MITCHELL CEASAR, P.A., duly authorized to execute same. ATTEST: Marion Swenso , CIVIC City Clerk Date ATTEST: Signature /4Qrk Mee lcir Type/Print Name (CORPORATE SEAL) CITY OF TAMA,RAC Job chreiber, Mayor Date Jeffr ler, City Manager Q Date Approv d as to form and legal sufficiency: m el S. Goren, Interim City Attorney Date Signature of Consultant Mitchell Ceasar Type/Print Name of Consultant Date City of Tamarac t Purchasing & Contracts Division STATE OF FLORIDA ss.: COUNTY OF 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 MITCHELL CEASAR, 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 if—�' , 2005. 0 -k-�YI. Signature oflNotary Public State of Florida at Large .µ+ Marion Serphos My Commission DD260279 Expires October 24 2007 Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or [ r DID NOT take an oath. 3