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LEGISLATIVE CONSULTANT SERVICES AGREEMENT (2)LEGISLATIVE CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made on the 1st day of February, 2018, by and between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida 34618, (the "City") and the lobbying firm of Van Scoyoc Associates, Inc., 800 Maine Avenue SW, Suite 800, Washington, D.C. 20024 ("Consultant"). WITNESSETH: WHERAS, City issued a Request for Proposals to provide Legislative Consultant Services, attached as Exhibit A; and WHERAS, Consultant agrees to provide Legislative Consultant Services to the City as described in Consultant's Response to Request for Proposal 07-18, attached as Exhibit B; NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto do hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS CONSULTANT. Consultant is hereby authorized under the terms and conditions of this Agreement to provide Legislative Consultant Services to City as described in Exhibits A and B. SECTION 2. SCOPE OF SERVICES. Consultant shall keep City informed and active in the federal legislative process by working with City staff to advocate the City's position regarding issues before the Federal Legislature. Consultant agrees to organize a lobbying team led by Doug Gregory and Greg Burns, which shall include all the resources of the individual lobbyists of the consultant's firm to assist and represent the City on issues which shall include, but are not limited to the following: A. Explore and recommend new areas of Federal advocacy. B. Broaden business development efforts already initiated by the city to attract and enhance major corporate presence in the City of Clearwater. C. Provide research and timely written and oral information to the City. D. Monitor existing and proposed laws and regulations that affect the interests and priorities of the City. E. Proactively recommend and develop legislative positions for proposed laws and regulations that affect the interests and priorities of the City. F. Propose and develop opportunities that will access funding at the policy making level. G. Research and identify grant funding or other opportunities for funds. H. Arrange meetings for City elected officials and personnel with Congressional members and staff. Provide logistical support and attend those meetings when necessary. 1. Engage in advocacy to promote the City's position on priority issues, including appropriate interest groups, the National Association of Counties, the U.S. Conference of Mayors, and the National League of Cities. J. Build Tong -term relationships and "brand" the City of Clearwater and its officials in the eyes of Congress and Federal Agencies. SECTION 3. LOBBYING TEAM. It is understood and agreed between the City and Consultant that the responsibility for organization and leadership of the lobbying team will fall upon Doug Gregory and Greg Burns, but the consultant team will include all of the resources of the Consultant's individual lobbyists. The City reserves the right in its absolute discretion to cancel this Agreement if either Doug Gregory or Greg Bums are not responsible for the organization and leadership of the lobbying team. SECTION 4. TERM. The initial term of this Agreement shall be from February 1, 2018 through December 31, 2022. SECTION 5. PROFESSIONAL FEES FOR SERVICES. The City and Consultant agree to a monthly fee of $7,500.00, with such payments due at the first of each month. The City further agrees to pay all reasonable costs and expenses associated with pre - approved long distance travel, not to exceed $5,000.00 per year. Travel and per diem costs as well as automobile travel expenses shall not exceed that which is available to City of Clearwater employees. The City represents and warrants that these payments shall not be made with federally appropriated funds. SECTION 6. INDEMNIFICATION AND INSURANCE. Consultant agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Consultant or its employees in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Consultant shall procure and maintain during the life of this Agreement professional liability insurance in a minimum amount of one million dollars ($1,000,000.00). This provision shall survive the termination of this Agreement. SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Consultant that Consultant is not aware of any clients of the firm that currently present any direct conflict between the interests of the City and other clients of Consultant. If any potential conflict of interest arises during the time Consultant is representing the City, Consultant will promptly inform the City. In that event, Consultant and City shall agree upon a lobbyist to represent the City on any issue in conflict and agree upon the appropriate fee for said services, which shall be deducted from Consultant fee. SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and Consultant. SECTION 9. CANCELLATION OF AGREEMENT. Either party may cancel this Agreement for any reason upon thirty (30) days advance written notice to the other party. In the event of cancellation, Consultant shall immediately cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. SECTION 10. ATTORNEYS FEES. In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own costs and that jurisdiction for such an action shall be in a court of competent jurisdiction in Pinellas County, Florida. IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date first written above. Countersigned: -- CCU' I (AC( 4t05 George N. Cretekos Mayor Approved as to form: Paul Richard Hull Assistant City Attorney H. Stewart Van Scoyoc, President CITY OF CLEARWATER By: ALAA. �• /V�D�IM� William B. Horne II City Manager Attest: Rosemarie Call City Clerk