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HomeMy WebLinkAboutCity of Tamarac Resolution (292)I Temp. Reso #9907 Sept. 23, 2002 Rev. #1-9/30/02 Rev. #1-10/10/02 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-292 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE 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 has determined that a lobbyist is necessary and appropriate for legislative and grants procurement assistance; and WHEREAS, Mitchell Ceasar 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 has served in the capacity of lobbyist and grants liaison previously; and WHEREAS, the current Agreement between the City of Tamarac, Florida and Mitchell Ceasar, P.A. (attached hereto as Exhibit "A") expires on October 20, 2002 and provides that the parties may terminate, renew and/or renegotiate upon expiration of the term; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to execute an Amendment to the Agreement between the City of Tamarac and Mitchell Ceasar, P.A. for 2 Temp, Reso #9907 Sept. 23, 2002 Rev. #1-9/30/02 Rev. #1-10/10/02 Lobbying Services providing for continuation of the Agreement for an additional one (1) year term at a fee of Thirty Thousand ($30,000,00) Dollars annually. 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 an Amendment to the Agreement between the City of Tamarac and Mitchell Ceasar, P.A. for Lobbying Services (attached hereto as Exhibit "B"). SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict, SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction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. L, 3 Temp. Reso #9907 Sept. 23, 2002 Rev. #1-9/30/02 Rev. #1-10/10/02 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 9t" day of October, 2002. ATTEST: MARION SWENSON, CMG CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. t p M /rP r MITCHELL 5: KRAF CITY ATTORN"EY MITCHELL CEASAR/RKT JOE SCHREIBER Mayor RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE TEMP. RESO #9907 EXHIBIT A AGREEMENT BETWEEN THE CITY OF TAMARAC MITCHELL CEASAR THIS AGREEMENT is made and entered into this C- day of , 2M 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 may be 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. PA 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 nationai origin, and to abide by all federal and State laws regarding non-discrimination. The Consultant further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. *• 9) Independent Consultant Consultant is an independent Consultant under this Agreement. Personal services provided by the Consultant shall be by employees of the Consultant and subject to supervision by the Consultant, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Consultant. 10) Assignment and Subcontracting Consultant shall not 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. 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 City for convenience, upon thirty (30) days of written notice by the terminating party to the other party for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. 13) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 14) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 15) Signatory Authority The Consultant shall provide the City with copies of requisite documentation evidencing that the signatory for Consultant has the authority to enter into this Agreement. 16) 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: V a J ATTEST: Signature Type/Print Name CITY OF TAMARAC Schreiber, Mayor A Date if-i4-CI Jeffrey AAller, City Manager Date: P..12J..-0f A%Inth: e s to form and I�al Su Mitchell S. Kraft, MITCHELL CEASAR Signature �t� till C���Yt Type/Print Name of Consultant Date: i t--o`t - 0 l ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF &oLut9PIL �° 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 - day of %JO U ° 2001 RY PUBLIC, Sld_e of Florida at Large _ LINDAKIEFHABER MY COMMISSION 4 CC EXPIRES, July 3� ly 26, 2003 (Name of NotI-rtffifftO-11 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 Tem.p...R.e§o #9907 Fxhihit "R" 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--2-1, 2004. gtober , ; . 02 through Octeber-20, 2002 October 20 2003. 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. 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 Twenty-FiveThirty Thousand and/no Dollars ($2 000) ( ),_.Q_ £7.). annually, payable in elever'k twelve monthly installments of $2 0833 33 2500 CM ill) a -final instailrnent of $2,08137 All other provisions of the original agreement remain in effect as written. Words ctF Gk thFouql4 are deletions from agreement. Words underlined are additions to agreement- . . .... .... . . 1 Temp_. _Res_o #9907 Exhibit "B" 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 FWATUNINIIII Signature Type/Print Name Sworn and subscribed to me this day of Signature of Notary Printed Name of Notary My Commission Expires: , 2002 CITY OF TAMARAC Joe Schreiber, Mayor Date Jeffr L. P iller, City Manager Date AP 7rvekz s to form ar,legal sufficiency: 61 -� ""'Mitchell S. Kraft, 6ty Attorney Date Mitchell Ceasar, P.A. Date 2 "emp. _oso _9907 ............................................. 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 OctGber-2-1,-2004 October 21 2002 through October--20 2002 October 20, 2003. 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. 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 �,A,enty FiveThirty Thousand and/no Dollars 2-5,000- $30 000 annual) payable in eteve�twelve monthly installments of $2�3-33 $2500.00 with a Hai ....................... ir1­Sta-4ReRt of $2 082 27 All other provisions of the original agreement remain in effect as written. Words str hFougi4 are deletions from agreement. Words underlined are additions to agreement- 1 T-emp:._Re_s.ca.._#9 9 0 7. Exhibit "B" 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. AT EST: Marion Swenson, CIVIC City C:Igrk Date /_� UMN Signature Type/Print Name Sworn and subscribed to me this day of Signature of Notary Printed Name of Notary My Commission Expires: , 2002 CITY OF TAMARAC Joe Schreiber, Mayor / 0 lei rr Date Jeffr Iler, City Manager Date .Xpl' e has to,, m arm --legal sufficiency: Mitchell S. Kraft, City Attorney Date Mitchell Ceasar, P.A. Date 2 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 9etebe-r�1--001 October 21, 2002 through-0staber-20-,2-GG2 October 20, 2003. 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. 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 Twenty F'v2Th�rty_Thousand and/no Dollars (2009) L$2Q,000 annually, payable in eleven- -twelve monthly installments of $2-,0-83-33 12500.00wAh--a- final installment of $2 083 ` 7 All other provisions of the original agreement remain in effect as written. Words st-ruok-thFGugh are deletions from agreement. Words underlined are additions to agreement. / 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 Datei w`, r 1 ignature Type/Print Name Sworn and subscribed to me this %4, day of ch-)4o�eiL , 2002 `signature of Notary Printed Name of Notary My Commission Expires CITY OF TAMARAC 1-7�� Jeffrey/'C. Nfiller, City Manager Date Appr ived-,�s to rfc ml and legal sufficiency: e. i,f ce n Kraft, City Attorney ef,. Date Mitchell Ceasar, P.A. ,/,) r � _& L,--- Date f W, �.. wrvaramrex..nr.+w�+m�nr�.lkaa++a..,a....�..e:�'�•