STATE LOBBYING SERVICES AGREEMENTSTATE LOBBYING SERVICES AGREEMENT
THIS AGREEMENT is made on then day of September, 2020 by and between
the City of Clearwater, Florida, P.O. Box 4748, Clearwater, Florida 33758 ("the City")
and the Law Firm of Dean, Mead & Dunbar, 215 S. Monroe Street, Suite 815,
Tallahassee, Florida 32301 ("Consultant").
WITNESSETH:
WHEREAS, in 2020, the City issued a Request for Qualifications to the Law Firm
of Dean, Mead & Dunbar to provide State Lobbying Services, attached as Exhibit A; and
WHEREAS, Consultant agrees to provide State Lobbying Services to the City as
described in Consultant's Qualifications Submittal proposal, attached as Exhibit B the
primary lobbyists under the agreement pursuant thereto were Peter Dunbar and Martha
Edenfield;
NOW, THEREFORE, in consideration of the promises and mutual covenants
here in 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 State
Lobbying Services to City as described in Exhibits A and B. The estimated allocation of
time for said services is reflected on the Addendum in Exhibit C.
Section 2. SCOPE OF SERVICES. Consultant shall keep City informed and
active in the state legislative process by working with city staff to advocate the City's
position regarding issues before the state legislature and various state agencies.
Consultant agrees to organize a lobbying team led by Peter Dunbar and Martha
Edenfield 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. Strategic governmental relations program development and planning;
B. Lobbying and advocacy before administrative agencies;
C. Proactive issue identification and management;
D. Timely assessment of information which may affect the City;
E. Legislative monitoring and lobbying;
F. Regulatory agency representation;
G. Assessment of budgetary and regulatory issues;
H. Regular updates and city -related issues;
I. Administrative Branch representation; and
J. Issue Analysis
Section 3. LOBBYING TEAM. It is understood and agreed between the City and
Consultant that the lobbying team shall consist of two members and that responsibility
for organization and leadership of the lobbying team will fall upon Peter Dunbar and
Martha Edenfield 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 Peter Dunbar or Martha Edenfield is not responsible for
the organization and leadership of the lobbying team.
Section 4. TERM. The term of this Agreement shall be October 1, 2020 through
September 30, 2024.
Section 5. PROFESSIONAL FEES FOR SERVICES. The City and Consultant
agree to an annual flat fee for state lobbying services of Forty -Eight Thousand
($48,000). Consultant shall bill City Four Thousand ($4,000) per month. Special projects
before executive agencies that are not included in the Scope of Services will be agreed
to in advance and billed separately at the hourly rates of $200 to $350 an hour as
approved by the City Manager. Expenses shall not exceed 10% of the contract amount
per year.
Section 6. COMPENSABLE EXPENSES. Reimbursement of expenses shall be
made by the City to the Firm for reasonable out-of-pocket expenses as determined by
the City Manager without markup, for long distance calls and facsimiles, copying or
reproducing documents, postage, court costs, parking costs and travel incurred by
Consultant in performance of the duties hereunder. Travel and per diem costs as well
as automobile travel expenses shall not exceed that which is available to City of
Clearwater employees. Expenses shall not exceed $4,800 per year.
Section 7. 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 like of this Agreement professional liability insurance in
a minimum amount of one million dollars ($1,000,000). This provision shall survive the
termination of this Agreement.
Section 8. 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. With
regard to those clients which the Firm began representing after the City of Clearwater's
initial representation, all conflicts would be resolved in favor of the City of Clearwater.
Section 9. 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 10. 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 11. 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 of and Consultant have executed this Agreement as
of the date first written above.
Countersigned:
ank Hibbard
Mayor
Approved as to form:
Paul Richard ull
Assistant City Attorney
Dean, Mead & Dunbar
Cit5b-1
(At .
Peter M. Dunbar, Esq.
CITY OF CLEARWATER, FLORIDA
By: l44444 -William B. Horne II
City Manager
Attest:
Rosemarie Call
City Clerk
EXHIBIT "C"
CONTRACT ADDENDUM
By mutual consent of the parties hereto and consistent with the enactment of revisions
to Sections 11.045 and 112.3215 and related provisions of the Florida Statutes during
the 2005-B Special Session of the Legislature, the contract with Dean, Mead & Dunbar
(hereinafter referred to as "Firm") is revised to identify the services and the
compensation for said services in the following categories:
1. Lobbying before the Legislature: The client and Firm agree that the portion
of time and services under the Agreement that is to be devoted to influencing
or attempting to influence legislative action or non -action through oral or
written communication or attempting to obtain the goodwill of members of the
Legislature and employees of the Legislature shall be equal to fifty percent
(50%) of the total time and services to be provided under this Agreement. The
annual compensation to be paid for these services shall be $24,000.00.
2. Lobbying before the Executive Branch: The client and Firm agree that the
portion of time and services under the Agreement that is to be devoted to
influencing or attempting to influence an agency with respect to a decision of
the agency in the area of policy through oral or written communication or
attempting to obtain the goodwill of an agency official or employee shall be
equal to twenty-five percent (25%) of the total time and services to be
provided under this Agreement. The Annual compensation to be paid for
these services shall be $12,000.00.
3. Other Non -Lobbying Services: The client and Firm agree that the portion of
time and services under the Agreement to be devoted to non -lobbying
services for the client, its members and employees, including, but not limited
to, educational written and oral offerings and briefings, legal
intergovernmental communications with local governments and local
government associations and the preparation of written opinions and reports
for the client, shall be equal to twenty-five percent (25%) of the total time and
services to be provided under this Agreement. The annual compensation to
be paid for these services shall be $12,000.00.
Except as modified hereby, the terms and conditions of the contract with Dean, Mead &
Dunbar are ratified and confirmed to be effective this 1st day of October, 2020.
DEAN, MEAD & DUNBAR
By: IXC . 6/11d...
Peter M. Dunbar "Rosemarie Call
City Clerk
CITY OF CLEARWATER