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Resolution 78-15793 i:. RESOLUTION NO. 78-15793 • A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH ERIC R. SISSER TO ACT AS THE CITY' S REPRE- SENTATIVE BEFORE THE FLORIDA STATE LEGISLATURE DURING THE LEGISLATURE 'S 1979 AND 1980 SESSIONS IN AN ATTEMPT TO PROCURE A CLAIMS BILL FOR THE CITY .RELATING TO THE ABANDONMENT OF THE MIAMI BEACH OCEAN OUTFALL BY THE CITY. WHEREAS, the City seeks to have the Florida State Legis- lature enact a claims bill in favor of the City relating to the • abandonment of the Miami Beach ocean outfall; and WHEREAS, Eric R. Sisser, a resident of Dade County, has , agreed to act as the City' s representative before the Florida State Legislature at its 1979 and 1980 sessions in an attempt to procure the enactment of a claims bill in favor of Miami Beach; and WHEREAS, Eric . R. Sisser has agreed to exert his best ef- forts before the Florida Legislature and all pertinent subcommittees and to. keep the City apprised of his efforts; and WHEREAS, an appropriate agreement has been prepared and has been approved as to form and legal sufficiency by the City Attorney, a copy of which is attached hereto and made a part hereof; and • WHEREAS, the City Manager has recommended to the City Commission that said agreement be entered into; and WHEREAS, the City Commission of the City of Miami Beach deems it to be in the best interest of the City and its residents to enter into said agreement; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be and 'they are hereby authorized and directed to execute the said agreement in the name of and on behalf of the City of Miami Beach, and the disbursing officers of the City are hereby authorized and , directed to disburse the monies required by the terms of said agree- ment from the funds of the City. PASSED and ADOPTED this 6th day of December, 1978. 41011X14 Mayor Attest: City lerk X OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 AGREEMENT AGREEMENT made this 6th day of December, 1978 , by and between the City of Miami Beach, hereinafter referred to as the "City" , located in the State of Florida, and Eric R. Sisser, here- inafter referred to as the "Representative" , residing in Dade County, Florida. WITNESSETH 1. The City hereby retains the Representative for the purpose of representing the City before the legislature of the State of Florida during its 1979 and 1980 sessions and before all pertinent committee meetings of the legislature during that period in order to attempt to procure a claims bill in favor of the City, said bill relating to the abandonment of the Miami Beach ocean outfall by the City. 2. The City agrees to pay the Representative a fee of Ten Thousand and 00/100 Dollars ($10, 000 . 00) for his services to be rendered in attempting to procure the claims bill upon the execution and delivery of this Agreement; 3 . The City further agrees that if the Representative is successful in his effort and said claims bill becomes law, it will pay the Representative additional compensation consisting of five (5) percent of the total amount recovered by it, provided, however, that the City shall be credited in the amount of the aforesaid $10 ,000 . 00 against any percentage commission accruing and earned by. said Rep- resentative under this Agreement. 4. The Representative agrees that he will exert his best efforts in front of the legislature of the State of Florida and in front of all pertinent committee meetings of the legislature in order to procure the passage of said claims bill in favor of the City. x OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 i 7 5. The Representative further agrees that he will maintain contact with the City during the course of his representation and will keep the City advisedof the efforts that he is exerting on behalf of the City and of the current status of the proposed claims bill. 6. This Agreement may be modified only in writing, which , modification shall be signed by both the parties hereto. 7. This Agreement embodies the entire Agreement between the parties hereto' and is not subject to any verbal or written terms or conditions other than those expressed herein. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF MIAMI BEACH ATTEST: / Clerk of the City of M'ami Beach by /g ayor g'.2611110434 • ERIC R. SISSER ' ro -2- 'I.. • OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 ORIGINAL RESOLUTION NO. 78-15793 (Authorizing execution of agreement with Eric R. Sisser to act as the City's representative before Fla.State Legisla- ture during 1979 and 1980 sessions re procurement of a claims bill for CMB re- lating tp abandonment of Miami Beach Ocean Outfall by the City)