REPRESENTATION BEFORE FLORIDA LEGISLATURE AND EXECUTIVE BRANCH
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AGREEMENT
THIS AGREEMENT, made and entered into this -2.3U day of M.<l1"('n , 2001,
by and between the City of Clearwater, a municipal corporation of the State of Florida,
hereinafter referred to as the "City," and William J. Peebles, P.A., Attorney At law,
hereinafter referred to as the "Consultant," the business address of which is 310 West
College Avenue, Tallahassee, Florida 32301.
WHEREAS, the City requires representation before the Florida Legislature and the
Executive Branch on matters which greatly Impact the City; and
WHEREAS, the Consultant is in the business of providing such services and has agreed
to provide such services to the City upon the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the mutual promises, agreements and
undertaking herein contained and other good and valuable consideration, the receipt
and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
ARnCLE J. SCOPE OF SERVJCES
A. During the term of the Agreement, the Consultant shall represent the city
with respect to issues relating to outdoor advertising, and the regulation of billboards
which may come before the Rorlda Legislature and the Executive Branch as directed by
the City.
B. Such representation shall Include, but not be limited to, the following:
1. Advise and counsel the City to develop strategies with respect to the
legislative issues;
2. Provide the City with periodic written status reports as to the
Consultant's progress on legislative matters; and
3. Represent the City at appropriate Florida Legislative and Executive
meetings.
ARTICLE II. PERIOD OF AGREEMENT
This Agreement shall take effect as of 3/23/01 I and shall terminate on
5/5/01 r unless extended by prior written agreement of the parties hereto.
ARnCLE III. CONSIDERAnON AND PAYMENT
A. The City shall pay the Consultant as consideration for services rendered
pursuant to this Agreement ten thousand ($10,000) paid upon execution of this
agreement, upon submission of invoices as provided hereinbelow.
B. The Consultant shall submit an Invoice to the City which shall include only the
agreed upon fee and expenses directly incurred on the City's behalf.
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ARTICLE IV. NEGATION OF AGENT OR EM POL YEE STATUS
The Consultant shall perform the services provided by the Agreement as an
independent consultant and nothing contained herein shall in any way be construed 1:0
constitute the Consultant or the assistants of the Consultant to be a representative,
agent, subagent, or employee of the City or any political subdivision of the State of
Florida. The Consultant certifies the Consultant's understanding that the City is not
required to withhold any federal income tax, social security tax, state and local tax, to
secure workers' compensation insurance or employer's liability insurance of any kind, or
to take any other action with respect to the Consultant's officers and employees.
ARTICLE V. INTERESTS OF MEMBERS OF THE CITY
No member of the governing body of the Oty and no other officer, official,
employee, or agent of the Oty who exercises any functions or responsibilities in
connection with the carrying out of the services to which this Agreement pertain shall
have any personal interest, direct or indirect, in this Agreement.
ARTICLE VI. INTEREST OF THE CONSULTANT
The consultant covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, in any project to which this Agreement pertains or any
other interest which would conflict in any manner or degree with its performance of the
services hereunder. The Consultant further covenants that in the performance of this
agreement, no person having such Interest shall be employed,
ARTICLE YD. EXTENSION
This Agreement may not be extended verbally or by conduct but only by a written
Amendment duly executed by the parties hereto.
ARTICLE VII. COMPLIANCE WITH LAW
The Consultant shall comply with the applicable requirements of Federal, State and
local laws and all Codes and Ordinances of the City as amended from time to time.
ARTICLE IX. TERMINATION
This Agreement may be terminated by the City, in writing, for the convenience of
the City or if ever it is determined that the Consultant has failed to meet the
requirements of this Agreement and Consultant fails to cure such failure within thirty
(30) days after written notice from the City.
ARTICLE X. INSURANCE REQUIREMENTS
The Consultant, at its own expense, shall keep in force and at all times maintain
during the term of this Agreement automobile liability coverage in the minimum amount
of Three Hundred Thousand Dollars ($300,000) combined single limit for Bodily Injury
and Property Damage.
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ARTICLE XI. NOTICE
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Any notice provided under this Agreement shall be given by certified mail, return
receipt requested to the parties at the following addresses:
City Clerk
City of Clearwater
Post Office Box 4748
OealWater, FL 33758-4748
William J. Peebles, P. A.
310 West College Avenue
Tallahassee, FL 32301
ARTICLE XU. ENTIRE AGREEMENT
It is expressly understood and agreed by the parties hereto that the provisions
embodied in this Agreement contain all covenants, agreements, obligations and
stipulations agreed upon by the parties upon execution thereof. This Agreement may be
modified or amended at any time by mutual agreement in writing of the parties.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida, including its conflict of laws provisions.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals on the date first written above.
CITY OF CLEARWATER, FLORIDA
By:W~~"J:t
William B. Horne II
Interim City Manager
APPROVED AS TO FORM AND LEGAUTY
For the use and reliance of the City of
Clearwater, Florida, only.
J[
City Attorney
. 2001
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Wi'm J. Peebles
Attest:
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C hia: E. Go,yd'eau
Ci y Clerk -.::."
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