AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this ____ day of February, 2007, by and
between the City of Orlando, a municipal corporation of the State of Florida, hereinafter referred
to as the “City,” and Southern Strategy Group hereinafter referred to as the “Consultant.”
WHEREAS, the City requires representation before the Florida Legislature and the
Executive Branch on matters which greatly impact the City; and
WHEREAS, the Consultant is in the business of providing such services and has agreed
to provide such services to the City upon the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the mutual promises, agreements and
undertakings herein contained and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties hereto agree as follows:
ARTICLE I. SCOPE OF SERVICES
A. During the term of this Agreement, the Consultant shall represent the City with
respect to issues relating to municipal issues, which may come before the Florida
Legislature and the Executive Branch as directed by the City.
B. Such representation shall include, but not be limited to, the following:
1. Advise and counsel the City to develop strategies with respect to the
municipal legislative issues;
2. Provide the City with periodic written status reports as to the Consultant’s
progress on legislative matters;
3. Represent the City at appropriate meetings regarding legislative matters;
4. Monitor legislative activities and contact legislators and other appropriate
individuals on behalf of the City; and
5. Daily electronic forwarding of relevant newspaper articles, analyses and
important governmental announcements.
ARTICLE II. TERM OF AGREEMENT
This Agreement shall take effect as of February 5, 2007, and shall continue on a month-
to-month basis. Either party may terminate this Agreement with thirty (30) days written notice.
ARTICLE III. COMPENSATION
A. The City shall pay the Consultant as consideration for services rendered pursuant
to this Agreement, $6,500 per month, exclusive of travel expenses, upon
submission of invoices as provided herein below.
B. Reimbursement shall be made to the Consultant for travel expenses in accordance
with the City’s Reimbursable Expenses Policy (Section 133.3 of the Policies and
Procedures Manual), attached hereto as Composite Attachment “A.” All travel
expenses must receive prior written approval from the City.
C. The Consultant shall submit invoices on or about the first day of each month.
Payment for invoices will be due within thirty (30) days of submission of the
ARTICLE IV. NEGATION OF AGENT OR EMPLOYEE STATUS
The Consultant shall perform the services provided by this Agreement as an independent
consultant and nothing contained herein shall in any way be construed to make the Consultant or
the employees of the Consultant to be representatives, agents, subagents, or employees of the
City. The Consultant certifies the Consultant’s understanding that the City is not required to
withhold any federal income tax, social security tax, state and local tax, to secure workers’
compensation insurance or employer’s liability insurance of any kind, or to take any other action
with respect to the Consultant’s officers and employees.
ARTICLE V. INTERESTS OF MEMBERS OF THE CITY
No member of the governing body of the City and no other officer, official, employee, or
agent of the City who exercises any functions or responsibilities in connection with the carrying
out of the services to which this Agreement pertain shall have any personal interest, direct or
indirect, in this Agreement or the Consultant.
ARTICLE VI. INTEREST OF THE CONSULTANT
The Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, in any project to which this Agreement pertains or any other interest
which would conflict in any manner or degree with its performance of the services hereunder.
The Consultant further covenants that no person having such interest shall be employed in the
performance of the Agreement.
ARTICLE VII. EXTENSION
This Agreement may not be extended verbally or by conduct but only by a written
Amendment duly executed by the parties hereto.
ARTICLE VIII. COMPLIANCE WITH LAW
A. The Consultant shall comply with the applicable requirements of Federal, State
and local laws and all Codes and Ordinances of the City as amended from time to
B. The City shall be responsible for preparing any lobbying disclosure forms as may
be required by Florida law.
C. This Agreement shall be governed by and construed in accordance with the laws
of Florida, including its conflict of laws provisions.
ARTICLE IX. DISCLOSURE OF INFORMATION
A. All press inquiries are the responsibility of the City.
B. All oral communications and written correspondence are strictly confidential,
except as may otherwise be provided by the Florida Public Records Law.
ARTICLE X. INSURANCE REQUIREMENTS
The Consultant, at its own expense, shall keep in force and at all times maintain during
the term of this Agreement the following insurance overage:
Professional liability coverage with a minimum policy limit of one million dollars
($1,000,000) per claim ($100,000 deductible); and
Automobile liability coverage with a minimum policy limit of three hundred
thousand dollars ($300,000) combined single limit for bodily injury and property
The Consultant shall provide, upon request, proof of its insurance coverage to the City.
ARTICLE XI. INDEMNITY
The Consultant shall indemnify, hold harmless, and defend the City, its representatives,
employees, and elected and appointed officials, from and against all claims, damages, losses, and
expenses of any sort, including reasonable attorney’s fees and costs, and reasonable attorney’s
fees and costs on appeal, arising out of or resulting from any services as may be described or
provided in the Agreement, caused by any negligent act or omission of the Consultant, any of its
agents or employees, or anyone for whose act or acts it may be liable.
ARTICLE XII. PRIMARY CONTACT
David Rancourt is the primary contact for the City on executive branch issues. John
Thrasher is the primary contact for the City on legislative branch issues. The City must receive
prior notice of any change to these designations.
ARTICLE XIII. NOTICE
Any notice provided under this Agreement shall be given by certified mail, return receipt
requested to the parties at the following addresses:
CITY: City Clerk
City of Orlando
400 S. Orange Avenue
Orlando, Florida 32801
City of Orlando
400 S. Orange Avenue
Orlando, Florida 32801
(407) 246-2295 Telephone
(407) 246-2854 Fax
CONSULTANT: Southern Strategy Group
P. O. Box 10570
Tallahassee, Florida 32302
(850) 671-4401 Telephone
(850) 671-4402 Fax
ARTICLE XIV. ENTIRE AGREEMENT
It is expressly understood and agreed by the parties hereto that the provisions embodied
in this Agreement contain all covenants, agreements, obligations and stipulations agreed upon by
the parties upon execution thereof. This Agreement may be modified or amended at any time by
mutual agreement in writing of the parties.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, including its conflict of laws provisions.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on
the date first written above.
CITY OF ORLANDO
SOUTHERN STRATEGY GROUP
Name & Title, Typed or Printed
P. O. Box 10570
Tallahassee, Florida 32302
APPROVED AS TO FORM AND LEGALITY
for the use and reliance of the
City of Orlando, Florida, only.
Date: , 2007
133.3 SUBJECT: REIMBURSABLE EXPENSES
Provide rules governing reimbursable expenses for consultants and other contractors.
Ensure that limitations are fully understood.
This procedure amended by City Council October 27, 1997; re-formatted April 2004.
Chief Administrative Officer, as an appointed official, serves at the pleasure of, and
receives direction from the Mayor.
:4 METHOD OF OPERATION:
A. Dollar Limits Identified by Task
Consultant agreements and other contracts should include strict upset limits (not
estimates) for reimbursable expenses. Dollar limitations should be identified by
B. Definition of Reimbursable Expenses
Reimbursable expenses are defined as actual out-of-pocket expenses necessary in
the performance of a contract. Contracts should not provide for reimbursement of
traditional business operating expenses, but not limited to, computer time, word
processing time, and minor copying. Contracts should not provide for
reimbursement of expenses which could be categorized as "entertainment." Any
reimbursement of business operating expenses or "entertainment" expenses requires
advance written approval of the Mayor or CAO. "Entertainment" expenses shall
include sporting events, theatrical productions, concerts and similar activities, but
do not include breakfast, lunch or dinner.
C. Reasonableness of Expenses
Consultant agreements and other contracts should state that payment of
reimbursable expenses will only be made for reasonable actual expenses.
D. Advanced Approval For Consultant or Contractor Travel
The Project Manager or other City official as specified in the contract (hereinafter,
"City official") should require the consultant to submit travel itineraries for advance
approval. For ease of invoice review, the Project Manager or City official should
assign a Trip Number at this time which the consultant will use to document all
receipts submitted for reimbursement of travel expenses.
E. Specific Travel Expense Limitations for Consultants and Other Contractors
Consultant agreements or contracts should include provisions consistent with City
Policy for employee travel, as follows:
1. Airline Travel
All travel should be by economy or tourist class, at the lowest fares obtainable.
2. Car Rentals
Car rentals should be small or mid-sized cars, arranged at the most economical
rate. The City will not reimburse for car rental insurance.
Expenses may vary but should be reasonable. Government rates should be
requested whenever possible. In Orlando, the Project Manager or City official
should be contacted to obtain local government rates at nearby hotels.
Reimbursement for meals in Orlando and for travel to major cities (a list of
which is maintained by the Accounting and Control Bureau) should be based
on the actual cost of each meal not to exceed the following:
Breakfast $ 6.00 includes tip & tax
Lunch $ 9.00 includes tip & tax
Dinner $15.00 includes tip & tax
Reimbursement for non-major cities should be based on actual cost, not to
exceed the following:
Breakfast $ 5.00 includes tip & tax
Lunch $ 7.00 includes tip & tax
Dinner $13.00 includes tip & tax
In cases where the traveler did not find it necessary to spend the night out of
town, but was unable to return home by 7:00 p.m. in time for dinner,
reimbursement will be allowed for the evening meal. Similarly, when the
traveler finds it necessary to leave home before 7:00 a.m., reimbursement for
breakfast would be in order.
Gratuities (tips) are recognized as a legitimate part of the cost of travel and a
proper charge against the City when such expenses are necessary. All
payments of this type should be kept to a minimum.
6. Telephone Calls
Necessary telephone calls may be claimed on the reimbursement voucher. In
the case of tolls against the hotel bill, the points and parties between which the
calls were made must be stated on the voucher with the reason they were made.
If out of town travel extends three (3) days or more, one 3 minute personal call
home is allowable for reimbursement. No other personal calls are
F. Alcoholic Beverages
Reimbursements for alcoholic beverages are strictly prohibited.
G. Local Travel
Travel between locations within Orange County may be reimbursed, but only up to
the maximum rate allowed by the Internal Revenue Service.
H. Subcontract Services
Reimbursement is permitted for subconsultant services rendered in support of the
scope of work. Fees paid for such services shall be according to the same terms
and priorities identified herein. No surcharge will be payable to the prime
consultant for reimbursable expenses incurred by subcontractors.
I. Review of First Invoice
A formal, thorough review of the first invoice submitted for payment should be
made with the consultant's or contractor's representative.
J. Invoice Approval and Signature
The Project Manager or City official should sign each invoice indicating approval.
The contract payment should not be released prior to this approval.
K. Expense Documentation
The Project Manager or City official should request legible receipts from the
consultant or contractor and explanatory details sufficient to explain the reason for
the expenditure and its relationship to the contract task. Where appropriate, Travel
Expense Reports should be submitted with associated receipts.
L. Questionable Reimbursed Costs
Expenses that have been reimbursed to the consultant but are deemed questionable
by the Project Manager or City official after the fact, should be reviewed with the
consultant or contractor and additional supporting documentation obtained. Any
unjustified amounts should be returned to the City with interest at 1% per month.
M. Procedure for Reimbursement
The City's Invoice format should be used by contractors and consultants for each
task for submission of that task's reimbursable expenses.
Reimbursable Expense Form and/or other appropriate expense forms.
:6 COMMITTEE RESPONSIBILITIES:
This procedure adopted by City Council March 26, 1990, October 27, Item 2A-34;
amended June 14, 1993, Item 4-Q; amended July 24, 1995, Item.7-U; amended October
27, 1997, Item 5-DD; re-formatted April 2004.
:8 EFFECTIVE DATE:
This procedure effective October 27, 1997.