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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-2701 1 Temp. Reso # 9159 - October 3, 2000 Revision # 1 — October 5, 2000 Page 1 CITY OF TAMARAC RESOLUTION NO. R-2000-270 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND MITCHELL CEASAR FOR LOBBYING SERVICES; APPROVING BUDGET TRANSFERS; 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 research assistance; and WHEREAS, Mitchell Ceasar has counseled the City on various legislative and grants 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 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 an agreement between the City of Tamarac and Mitchell Ceasar for lobbying services. 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. 1 11 Temp. Reso # 9169 - October 3, 2000 Revision # 1 - October 5, 2000 Page 2 Section 2: The appropriate City Officials are hereby authorized to execute an agreement between the City of Tamarac and Mitchell Ceasar, attached hereto as "Exhibit A", for lobbying services. Section 3: Any and all necessary budget transfers are hereby approved. Section 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portion or applications of this Resolution. Section 6: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this 11th day of October, 2000. JOE SCHREIBER, MAYOR ATTEST: "" h* J J I-vi Jill. e-In- ARION SWE CSON, C M C CITY CLERK RECORD OF COMMISSI(J!+ VOTE I HEREB CERTIFY th I have A o e thi solu ' n as to ors Uf CHELL SJJ RAFT CITY ATTORNEY MAYOR SCHREIBER,,,..,.,. DIET t: COMM. PORTNER� DIST 2 COMM. MISHKIN .w, DIST 3: COWL SWMOF DIST 4: hM RO@EM ww-� AGREEMENT THIS AGREEMENT made and entered into by and between the City of Tamarac, a municipal corporation of the State of Florida, hereinafter referred to as "CITY" and Mitchell Ceasar, an individual, hereinafter referred to as "CONSULTANT." IN CONSIDERATION OF THE MUTUAL COVENANT AND PROMISES which the parties set forth below, CITY and CONSULTANT agree as follows: EMPLOYMENT, F CQN5 ULTANT CITY hereby employs CONSULTANT for the purpose of providing lobbying services as may be directed by the CITY through the office of the City Manager. Such service area shall include local, regional, state wide (Tallahassee). CONSULTANT shall assist CITY on issues, as well as advising on availability of program funding sources. CONSULTANT shall lobby to obtain funding allocations by the State of Florida, Broward County, or the Federal Government. CONSULTANT agrees that all reports and communications from the CONSULTANT will be directed to the City Manager. CONSULTANT shall submit monthly written reports to the City Manager detailing plans, efforts and accomplishments on behalf of the CITY. The report shall document all meetings (including the time, place, duration and subject matter of such meetings), and all relevant verbal and written communications carried out pursuant to this Agreement. CONSULTANT agrees to appear quarterly at City Commission meetings to formally report on his activities. 2. COMPENSAT,ION CITY agrees to pay CONSULTANT at a rate of THIRTY FOUR HUNDRED DOLLARS ($3,400.00) a month, not to exceed. FORTY THOUSAND EIGHT HUNDRED DOLLARS ($40,800.00) through the following twelve months. Payment will be made during the second pay period of the month immediately following the month for which service is involved. CONSULTANT agrees to submit monthly written invoices to the City Manager. No additional compensation for expenses is authorized by the terms of this Agreement, unless by receipt for monies expended outside Broward County, This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by CONSULTANT, without the prior written consent of City Commission. l.�I ?NI•ADr-301IJ11VA CITY and CONSULTANT agree that notwithstanding any other terms or provisions of this Agreement, CONSULTANT is without authority to bind the CITY to any obligations, pledge, agreement or covenant. All final action of the CITY, required as a result of CONSULTANT's services, shall be approved by either the City Manager or the City Commission as appropriate under law. 5. TERMINATION This Agreement may be terminated by the CITY upon 30 days written notice by the CITY to the CONSULTANT of such termination in which event the CONSULTANT shall be paid his compensation for services performed to termination date. All finished or unfinished documents, studies, memorandums, and reports prepared by CONSULTANT shall become the property of CITY and shall be delivered by CONSULTANT to CITY prior to the final check being issued. 6. INDEMNIFICATION OF CITY CONSULTANT, by execution of this Agreement, agrees to indemnify and save harmless and defend CITY, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission or act of CONSULTANT, its agents, servants or employees in the performance of services under this Agreement. 7. NOTICES Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested. The parties designate the following as the respective places for giving of notice, to -wit: CITY OF TAMARAC City Manager Tamarac City Hall 7525 NW 88" Avenue Tamarac, Florida 33321 CONSULTANT Mitchell Ceasar 8181 West Broward Blvd. Suite 300 Plantation, Florida 33324 MODIFICATION Any provision, covenant or condition of this Agreement may not be modified or waived unless in writing and duly executed by both parties to this Agreement. 9. EFFECTIVE DATE This Agreement shall be effective OCTOBER 21, 2000 and shall terminate on October 20, 2001. 10, SEVERABILITY All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a Court of competent jurisdiction, this Agreement shall be interpreted as if such invalid agreements or covenants were not contained herein. 11. COMPLETE AGREEMENT IN WRITTEN DOCUMENT This written Agreement embodies the whole Agreement between the parties and there are no inducements, promises, terms, conditions, or obligations made or entered into by either CITY or CONSULTANT other than contained herein. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed. CITY ATTEST: MARION SWENSON, CMC CITY CLERK CITY TTORNEY This day of October, 2000 CITY OF TAMA By: 6J6SEPIf SCHREIBER MAYOR This c;C� day of October, 2000 -Z;� 1 JEFF#Y MILLER CITY MANAGER This -95 day of October, 2000 ATTEST: MITCHELL CEASAR spliiro�) c_ o)crof PRINTED SIGNATURE Sworn to and subscribed before me this day of October, 2000. S G ATURE OF OPTARY PRINTED IGNATI JRE OF NOTARY My Commission Expires: This It day of October, 2000 UNDA MEFHABER "�`•' = MY COMMISSION # CC 857802 �,�.. EXPIRES: July26, 2003 y` ••�',�,��,.• bonded Thru Notary Pu61ic Undenvrttera City of Tamarac 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-1230 • Facsimile (954) 724-2454 Jeffrey L. Miller City Manager jeffm@tamorac.org October 16, 2000 Mitchell Ceasar, Esq. 8181 West Broward Boulevard Suite 300 Plantation, Florida 33324 Dear Mr. Ceasar: am pleased to advise you that at its meeting of October 11, 2000, the Tamarac City Commission approved a resolution authorizing the execution of an agreement between the City of Tamarac and Mitchell Ceasar, as the City's Lobbyist. Enclosed is a copy of the executed agreement, and a copy of the resolution for your records. It is important that there be frequent communication on issues of mutual interests. The City looks forward to working with you. /wbn Sincerely, J ?/re'y>L. Miller City Manager Equal Opportunity Employer