AGREEMENT TO OBTAIN ASSISTANCE WITH RESPECT TO LEGISLATIVE AND ADMINISTRATIVE MATTERS AT THE FEDERAL LEVELAGREEMENT
THIS AGREEMENT is made.and entered into on this I91h day of February 2009,
by and between The City of Clearwater, Florida (hereinafter referred to as the "CITY"),
and Alcalde and Fay (hereinafter referred to as the "SERVICE PROVIDER") for a period
of three years beginning March 1, 2009 through December 31, 2012.
WITNESSETH
WHEREAS, the CITY desires to obtain the assistance of the SERVICE PROVIDER
with respect to legislative and administrative matters at the federal level, and
WHEREAS, the SERVICE PROVIDER is uniquely qualified to provide such
assistance.
NOW, THEREFORE, and in consideration of the promises and the mutual covenants
herein contained, the parties hereto agree as follows:
Responsibilities of the Service Provider
The SERVICE PROVIDER shall:
1. Meet with the CITY Manager or his/her designee(s) at mutually
agreed upon times with respect to federal executive and legislative
actions having a bearing on the CITY's fiscal and programmatic
interests;
2. Implement the CITY's federal legislative agenda;
3. Establish and maintain working relationships with the executive and
legislative branches of the federal government that will enhance the
CITY's position with respect to:
a. Financial assistance applications,
b. Regulatory procedures,
c. Legislation,
d. Budget authorizations and appropriations, and
e. Grant efforts and grant opportunities having applicability to City's
priorities,
f. Other areas, as directed.
4. Represent the CITY at Washington, D.C. area conferences or
meetings as requested; and
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5. Provide to the CITY monthly invoices for payment and routine written
progress reports detailing the services that have been rendered in this
AGREEMENT.
Responsibilities of the CITY
The CITY shall:
1. Meet with the SERVICE PROVIDER and provide guidance with respect to
the provision of services;
2. Formulate and develop a legislative agenda, which shall be updated
regularly, that will facilitate the SERVICE PROVIDER in the
performance of his duties; and
3. Provide relevant documents, correspondence and such published
materials as may facilitate the provision of services.
Terms of Payment by the CITY
The CITY shall pay the SERVICE PROVIDER a monthly retainer not to exceed
$5500 monthly inclusive of out-of-pocket expenses, in addition to preauthorized travel
which should not exceed $1,000 annually, for the provision of services outlined herein.
Payment shall be made on a monthly basis upon submission of invoice.
Professional Independence of the Service Provider
It is understood and agreed that the SERVICE PROVIDER is not an agent,
employee or representative of the CITY or any of its agencies. The SERVICE PROVIDER
is, and shall remain, an independent professional with respect to all services performed
under this AGREEMENT. No partnership relationship between the CITY and the
SERVICE PROVIDER is created or intended by this AGREEMENT. No associate or
employee of this SERVICE PROVIDER shall be deemed to be an employee of the CITY
for any purpose whatsoever.
Indemnification and Hold Harmless
The SERVICE PROVIDER shall hold harmless, indemnify, and defend the CITY
against any claim, action, loss, damage, injury, liability, cost or expense of whatsoever
kind of nature including, but no way of limitation, attorney's fees and court costs
arising out of bodily injury, personal injury, damage to tangible property, or claims
arising out of incidental to the performance of this CONTRACT, whether or not due to
or caused in part by the negligence of other culpability of the CITY, excluding only the
sole negligence or culpability of the CITY. The following shall be deemed to be
indemnities: The CITY of Clearwater, Florida, its employees, members, officers,
employees, and agents.
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Cancellation or Termination
Either the SERVICE PROVIDER or the CITY shall have the right to terminate this
AGREEMENT, in whole or in part, upon 30 calendar days prior written notice by
registered mail.
Conflict of Interest
The SERVICE PROVIDER agrees to abide and be governed by Florida Statutes
and CITY Rules which may have a bearing on the services involved in this
AGREEMENT, including, but not limited to, those affecting conflict of interest.
Paragraph Headings
The paragraph headings appearing herein shall not be deemed to govern, limit,
modify or in any manner, affect the scope, meaning or intent of the provisions of this
AGREEMENT. No representations or warranties shall be binding upon either party
unless expressed in writing herein.
.IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be
executed by -their respective and duly authorized officers the day and year first above
written.
COUNTERSIGNED:
THE CITY OF CLEARWATER, FLORIDA
_ &
Frank V. Hibbard William B. Horne
Mayor CITY Manager
APPROVED AS TO FORM:
.U ILI Pamela K. Akin
CITY Attorney
ATTEST:
?C
ua E. Goudeau
Clerk Ca? 0
1
ALCALDE D F Y:
By:
Hector Alcalde
Founder & Chief Executive Officer
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