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Home My WebLink AboutCity of Tamarac Resolution R-97-2591 Temp. Reso # 8022 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97PZ5-9 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, P.A., AS THE CITY'S LOBBYIST; 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, the law firm of Mitchell Ceasar, P.A., 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, the law firm of Mitchell Ceasar, P.A. has served in the capacity of lobbyist as the City's lobbyist, and Grants Liaison in 1990; and WHEREAS, the Mayor and City Commission have indicated a preference for the law firm of Mitchell Ceasar, P.A. as lobbyist and recommend entering into an agreement with Mitchell Ceasar, P.A. as lobbyist for the City; 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 approve Mitchell Ceasar, P.A. as the City's Lobbyist. 2 Temp. Reso # 8022 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That 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: That the appropriate City Officials are hereby authorized to enter into an agreement between the City of Tamarac and the law firm of Mitchell Ceasar, P.A. for lobbyist services (attached hereto as "Exhibit A"). SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. 1 r; 1 1 3 Temp. Reso # 8022 PASSED, ADOPTED AND APPROVED this day of 0 r�, 1997. ATTEST: CAROL A. EVANS City Clerk I HEREBY CERTIFY that I have r v d this RESOL ION as to form. CHELL S. K FT City Attorney Lobbyist/rkt O�;Le "l-A J SCHREIBER ayor Recom OF MAYOfi ols-t 1: COMNI. N DIST $� V �� DISC` 3. DIST #: 11 VOTE • A G R E E M E N T 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 indi- vidual, 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: 1. EMPLOYMENT OF CONSULTANT 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 fund- ing allocations by the State of Florida, Broward County, or the Federal Government. CONSULTANT agrees that all reports and communicatins from the CONSULTANT will be directed to the City Manager. CONSULTANT shall submit monthly written reports to the City Manager detail- ing plans, efforts and accomplishments on behalf of the CITY. The report shall document all meetings (including the time, place, durhtion 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. COMPENSATION CITY agrees to pay CONSULTANT at a rate of THREE THOUSAND DOLLARS ($3,000.00) a month, not to exceed THIRTY SIX THOUSAND DOLLARS ($36,000.00) 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 original receipt for monies expended outside Broward County. • 3. ASSIGNMENT This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circum- stances, by CONSULTANT without the prior written consent of City Commission. 4. CONSULTANT WITHOUT AUTHORITY TO BIND CITY CITY and CONSULTANT agree that notwithstanding any other terms or provisions. of this Agreement, CONSULTANT is without authority to bind the CITY to any obligation, 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 unfin- ished documents, studies, memorandums, and reports prepared by CONSULTANT shall become the property of CITY and shall be deliv- ered by CONSULTANT to CITY prior to the final check being issued. 6. INDEMNIFICATION OF CITY CONSULTANT, by execution of this Agreement, agrees to indem- nify 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 per- formance 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 88th Avenue Tamarac, Florida 33321 - 2 - • rI • CONSULTANT Mitchell Ceasar 8181 West Broward Blvd. Suite 300 Plantation, Florida 33324 S. 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 8? 1997 and shall terminate on October 21 1998. 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 compe- tent 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, berms, condi- tions, or -obligations made or entered into by either CITY or CONSULTANT other than contained herein. IN WITNESS WHEREOF, the parties hereto have caused these pre- sents to be executed. CITY 7�TTEST: ROBERT NOE CITY MANAGER CITY OF TAMARAC By: c a� J EPH` C/HREIBER MAYOR ATTEST: This 22 day of October, 1997 CAROL E ANS By' CITY C E 1 /�/ ® / ROBERT NOE CITY MANAGER MITCHELL S . KRAFT CITY ATTORNEY - 3 - This _2 day of October, 1997 10 • ATTEST: MITCHELL CEASAR Mitchell-Ceasar �- This 22 day of October, 1997 PRINTED SIGNATURE 4- A -