ASSIST WITH LEGISLATIVE AND ADMINISTRATIVE MATTERS AT THE FEDERAL LEVEL
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AGREEMENT
THIS AGREEMENT is made and entered into on this t.:t' day ofJ:if~998,
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 not to exceed one year (12 months) from the date noted
above.
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, and
e) 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.
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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 sum not to exceed $60,000, in
addition to $7,000 for out-or-pocket expenses as determined by the City Manager or
designee, including travel, postage, courier, copies, and long distance telephone calls.
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, and 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, liability, 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, employees, and
agents.
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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 Rules which 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 AGREEMENT to be
executed by their respective and dully authorized officers the day and year first above
written.
CITY OF CLEARWATER, FLORIDA
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By:
Rita Garvey
Mayor-Commissioner
Michael J. Roberto
City Manager
Approved as to form:
Attest:
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Assistant City Attorney
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ALCALDE AND FAY
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By:
ector Alcalde
President and CEO
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