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FLORIDA LEGISLATURE AND EXECUTIVE BRANCH SERVICES AGREEMENT .~ \ THIS AGREEMENT, made and entered into this IT day of ~~ 2002, by and between the City of Clearwater, a municipal corporation of the State of Ida, 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: ARTICLE I. SCOPE OF SERVICES 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 Florida Legislature and the Executive Branch as directed by the City. B. Such representation shall include, but not be limited to, the following: issues; 1. Advise and counsel the City to develop strategies with respect to the legislative 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 1/14/02. and shall terminate on 3/22/02. unless extended by prior written agreement of the parties hereto. ARTICLE III. CONSIDERATION AND PAYMENT A. The City shall pay the Consultant as consideration for services rendered pursuant to this Agreement five thousand ($5,000) dollars, paid upon execution of this agreement, upon submission of invoices as provided hereinbelow. This fee shall compensate Consultant for services related only to monitoring legislation during the 2002 Regular Session of the Legislature to ensure that legislation relating to the regulation of billboards, if filed or offered as an amendment, contains an exemption for the application of the legislation which is in substantially the same form as that contained in legislation passed during the 2001 legislative session. If such an exemption is not included, and if oIJ C,.r-,' /)) / il"/ ()",',',1 ( ".J '/ ,,' - / '-/ ,./. ~ <.. the City directs the Consultant to seek an exemption for the City, an additional fee of five thousand ($5,000) dollars shall be paid to the Consultant. 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. ARTICLE IV. NEGATION OF AGENT OR EMPOL 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 to 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 City and no other officer, official, employee, or agent of the City 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 VII. EXTENSION This Agreement may not be extended verbally or by conduct but only by a written Amendment duly executed by the parties hereto. ARTICLE VIII. 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 p8 .' . 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. ARTICLE XI. NOTICE 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 Clearwater, FL 33758-4748 William J. Peebles, P. A. 310 West College Avenue Tallahassee, FL 32301 ARTICLE XII. 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. B. William B. Horne II City Manager ~ EARWA TER, FLORIDA APPRUD AS TO FORM By: ~ Pamela K. Akin City Attorney 10 ~. fiE. e----{ w~contractor Ii)