STATE LOBBYING SERVICES AGREEMENTSTATE LOBBYING SERVICES AGREEMENT
THIS AGREEMENT is made on the ay ofJtLh("y , 2024 by and between
the City of Clearwater, Florida, P.O. Box 4748, Clearwater, Florida 33758 ("the City")
and the Law Firm of Jones Walker, 106 East College Avenue, Suite 120, 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; and
WHEREAS, Consultant agreed to provide State Lobbying Services to the City as
described in Consultant's Qualifications Submittal proposal. The primary lobbyists under
the agreement pursuant thereto were Peter Dunbar and Martha Edenfield;
WHEREAS, we are remaining with our current lobbyists as they move to a new
firm, Jones Walker;
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 the original agreement between the City of
Clearwater and Dean Mead & Dunbar dated September 2, 2020.
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 January 18, 2024 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 Attorney. 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 Attorney 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
govemed 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:
CITY OF CLEARWATER, FLORIDA
By:
Bri. n Tungst,Jfef Poi
Mayor City Manager
Approved as to form:
David Margolis
City Attorney
Jones Walker
Peter M. Dunbar, Esq.
Xd-4-LI/IL-60,a--
Rosemarie Call
City Clerk
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 Jones Walker LLP is revised
to identify the services and the compensation for said services in the following categories:
1. Lobbying before the Legislature: The client and Jones Walker 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. Lobbvina before the Executive Branch: The client and Jones Walker
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-Lobbvina Services: The client and Jones Walker 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 research, election demographic
analysis, attendance at meetings of the client and related travel, 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 Jones Walker
are ratified and confirmed to be effective this Say of January 2024.
JONES WALKER LLP
By?V .. (, . Zta4Aiedft.,
Peter
M. Dunbar
CITY OF CLEARWATER
Rosemarie Call