SERVICE PROVIDER WITH RESPECT TO LEGISLATIVE AND ADMINISTRATIVE MATTERS AT THE FEDERAL LEVEL
y
AGREEMENT
THIS AGREEMENT is made and entered into on this JD~ day of Fe-~n)Ct.nt
2007, 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 six years beginning January 1, 2007 to 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 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,
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
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
$6,500, in addition to $3,000 per year for out-of-pocket expenses as determined by the City
Manager or designee, including travel, ~ostage, courier, copies, and long distance telephone
calls. At the beginning of the 3rd and 5t year of the contract, the monthly retainer will be
adjusted by the CPI for the previous year. Payment shall be made on a monthly basis, upon
submission of invoice and progress reports, as per "Responsibilities of the SERVICE
PROVIDER," Paragraph 5.
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, as 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 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, cost or expense of whatsoever kind of nature
including, but no way of limitation, attorney "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, and agents.
J
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 Ruleswhich 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 AGREEMENTto be executed
by their respective and duly authorized officers the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
~.--e p:',t/~
~nk V. Hibbard
Mayor
By42~ ~~
William B. Horne
City Manager
Approved as to form:
Attest: