HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-2191
Temp. Reso. #10241
September 11, 2003
Page 1
Rev. 1 — 9/18/03
Rev. 2 — 9/23/03
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- ,/9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE
AMENDMENT #2 TO AGREEMENT BETWEEN THE CITY OF
TAMARAC AND MITCHELL CEASAR, P.A., FOR LOBBYING
SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Tamarac desires to retain the
services of a qualified, professional lobbyist to represent the City of Tamarac for legislative
and grants procurement assistance; and
WHEREAS, Mitchell Ceasar, P.A. has counseled the City on various legislative and
grant issues in the past and is familiar with the City's Charter and Code; and
WHEREAS, Mitchell Ceasar, P.A. has served in the capacity of lobbyist and grants
liaison previously; and
WHEREAS, the City of Tamarac entered into an agreement with Mitchell Ceasar,
P.A. on November 9, 2001 (attached hereto as Attachment 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 Attachment B); and
Temp. Reso. #10241
September 11, 2003
Page 2
Rev. 1 — 9/18/03
Rev. 2 — 9/23/03
WHEREAS, the existing agreement expires on October 20, 2003 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 #2 to Agreement between the City of Tamarac and Mitchell Ceasar, P.A. for
lobbying services for an additional one year period (attached hereto as Attachment C).
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 #2 to Agreement between the City of Tamarac and Mitchell Ceasar, P.A.
(attached hereto as Attachment C) for lobbying services.
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.
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Temp. Reso. #10241
September 11, 2003
Page 3
Rev. 1 — 9/18/03
Rev. 2 — 9/23/03
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 24th day of September, 2003.
ATTEST:
MARION SMENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTbN as to form.
MITCHEA S. K
CITY ORP
E SCHREIBER, Mayor
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABI
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
IL'. hCbZW 999U7
EXHIBIT A
AGREEMENT TEMP. RESO. #10241
ATTACHMENT A
BETWEEN THE CITY OF TAMARAC
� 91
MITCHELL CEASAR
THIS AGREEMENT is made and entered into this day of AO-, 20L I
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 attached 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:
a) Consultant shall establish and maintain liaisons with governmental agencies, officers
and elected officials as necessary to provide required services.
b) Consultant shall provide grant related and local lobbying services as maybe directed by
the City through the office of the City Manager. Such service shall include local and
regional 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 Capital
Improvements Program and Strategic Plan.
d) Consultant shall lobby to obtain funding allocations by Federal Government, State of
Florida, Broward County, and Broward County School Board or any other funding
source appropriate and available.
e) Consultant agrees that all reports and communications from the Consultant will be
directed to the City Manager or designee. Consultant shall submit monthly written
reports to the City Manager detailing specific plans, efforts and accomplishments on
behalf of the City. The report shall document all meetings, and all relevant verbal and
written communications carried out pursuant to this Agreement.
f) Consultant shall appear quarterly at City Commission meetings to formally report on
activities.
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 Evaluation
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 prior to renewal or at a specific date and time determined by the City
of Tamarac Commission, 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(e).
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.
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 Twenty Five Thousand and/no Dollars ($25,000) annually, payable in eleven
monthly installments of $2,083.33 with a final installment of $2,083.37.
N
5) Payments
Payment will be made upon completion, delivery, and acceptance by the City of the
written report as detailed in Article 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 Manager 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 Manager 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.
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
3
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-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.
1 Q) Assignment and Subcontracting
Consultant 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,
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.
2
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 Cityfor
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.
15) $ignatory 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) 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
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
5
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
Mitchell Ceasar duly authorized to execute same.
ATTEST:
Marion Swe son, CIVIC
City Clerk
Date:
ATTEST:
Signature
Type/Print Name
CITY OF TAMARAC n
Schreiber, Mayor
0
Date:
I(•I4--0t
Jeffrey L. Miller, City Manager
Date: 11- I '-"1--"i
App o e s to form and I al
Su c' n
Mitchell S. Kraft, tak9orney
MITCHELL CEASAR
Signature
Type/Print Name of Consultant
Date:
ACKNOWLEDGEMENT
STATE OF FLORIDA
4
COUNTY OF B 2I
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(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 + A day of ��o , 2001.
(VOTARY PUBLIC, S of Florida at
Large LINDA KIEFWER
MY COMMISSION I cC SSW
'ri•_ a +r _ EXPIRES; J* 26. 20M Ii
(Name of Now
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
TEMP. RESO. #10241 -
ATTACHMENT 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 20,_2g03. Upon expiration of this
October 21 2002 through
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.
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 TwMTh_ jrty Thousand and/no Dollars 9983 3j$ 0,000) annually,
payable in efeve+�—twelve monthly installments of $29833-34 $2500.00
ef
All other provisions of the original agreement remain in effect as written.
Words are deletions from agreement. Words underlined are additions to agreement.
I
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 by and through
its Mayor, Joe Schreiber, and Mitchell Ceasar signing on his own behalf.
.._ATTEST:
Marion Swenson, CIVIC
City Clerk
Date'
ATTEST
ignature
Type/Print Name
Sworn and subscribed to me this
day of2002
4i;g�na�ture Not ry
Printed Name of Notary
My Commission Expires
CITY OF TAMARAC
Joe Schreiber, Mayor
Date
Jeffrey L. iller, City Manager
Date
Appr vedts tom and legal sufficiency:
Mitchell Kraft, City Attorney
Date
Mitchell Ceasar, P.A.
Date
09/23/03�10:54 FAX 9547242454 CITY OF TAMARAC CITY MGR U 002
µ Purchasing and Contracts Divisi
Gity or Tamarac on TR 10241
Attachment 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, 2001, 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
t
h) Consultant a revs not to re resent or negotiate with Ci Officials on behalf of
any client that is in ne otiatio is 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 OGtO )eF 24, 200a
_October 21, 2003 through 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 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 Thi Four Thousand and/no pollars4$ag 09 34 000
annually, payable in tweWe- eleven monthly installments of $2500,$0- 2 833.33 and
one month) installment of 2 833.37.
t
All other provisions of the original agreement remain in effect as written.
Words s k4i;ewq0-are deletions from the agreement. Words underlined are additions to the agreement
09/123/03 10:55 FAX 9547242454 CITY OF TAMARAC CITY MGR 14003
Glty 0 Tamarac
Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties hereby have made and executed this
Amendment to Agreement on the respective dates under each signature, the City of
Tamarac signing through its City Manager and its City Commission signin
g
through by rd
through its Mayor, Joe Schreiber, and Mitchell Ceasar, P.A., signing by
President, duly authorized to execute same.
CITY OF TAMARAC
chreiber, Mayor
,0 .
Date
ATTEST: "effreyfiller ity Manager
/.� a3
Marian Swenson, CMC Date
City Clerk
p Approved fo nd al iciency:
Date
Mitchell S. Kra City A omey
Date
09/23/03 10:55 FAX 9547242454 CITY OF TAMA?;2AC CITY MGR
Z004
Purchasing and Contracts Division
CIty o! Tarnarac
ATTEST: Mitchell Ceasar, P.A-
Company Dame
(CorporatSignature of President
,,� Mitchell Ceasar
Type/P int Name of Corporate Secy. Type/Print Name of President
/C?
(CORPORATE SEAL) (Date
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY O1= /cow
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared Mitchell
n Y Pinrida r;nrooration, to me known to be the
Ceasar, l-'r�51uiIL ui iniiu�,2II Ceasar, ,
foregoing instrument and acknowledged before
person(s) described in and who executed the
me that he/she executed the same.
1,A,11'rMFSS my hand and official seal this aj3 day of 20 63
Signature o Notary Public
State of Florida at Large
r' )A KIEFHABER
cx
fir$: a hr„+,iC1N#DD229581 Print, Ty a or tamp
Ft-S: ,{uiy 26, 2007
SRf;44�i;,r,:N°Inrrr'uwicu°de""'"e`$ Name of Notary Public
ersonally known to me or
Q Produced Identification
Type of I.D. Produced
0 DID take an oath, or
[.r L)ID NOT take an oath.