TO OBTAIN THE ASSISTANCE WITH RESPECT TO LEGISLATIVE AND ADMINISTRATIVE MATTERS AT THE FEDERAL LEVEL
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AGREEMENT
THIS FIRST AMENDMENT is made and entered into this I :;/-- day of
~c.k ,2000, by and between the CITY OF CLEARWATER, FLORIDA, whose
address is Post Office Box 4748, Clearwater, Florida 33758-4748 (hereinafter referred to
as the ("CITY"), and ALCALDE AND FAY, whose address is 2111 Wilson Boulevard, 8th
Floor, Arlington, Virginia 22201 (hereinafter referred to as the "SERVICE PROVIDER").
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 has been selected by the City to provide Federal
Lobbing Services by that proposal dated December 20, 1999, and incorporated herein by
reference.
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 provide those services in that proposal dated
December 20, 1999, and as further described below:
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 of 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.
Term
The term of this agreement shall begin on March 1, 2000, and shall terminate on
December 31,2002, unless extended by written agreement of both parties.
Payment by the City
The CITY shall pay the SERVICE PROVIDER a sum not to exceed $5,500.00 per
month for professional services, and up to $7,800.00 per year for out-of-pocket
expenses as determined by the City Manager or designee, for travel, telephone tolls,
copying, messenger service, parking, transportation and postage. Payment shall be
made on a monthly basis, upon submission of invoice and progress reports.
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 purposes 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 thirty (30) calendar days prior to 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.
Countersigned:
CITY F CLEARWATER, FLORIDA
By:
Michael J. Roberto
City Manager
Approved as to form:
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Assistant City Attorney
Attest:
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ALCALDE AND FAY
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By._ .. ./ / -
Hector Alcalde
President and CEO
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