CHRISTIANSEN & DEHNER LEGAL SERVICES AGREEMENT
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LEGAL SERVICES AGREEMENT
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THIS AGREEMENT IS made on the .2!L- day of ~~~ , 2000, by and between the
BOARD OF TRUSTEES OF THE EMPLOYEES' PENSION PLAN of the CITY OF
CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida 33758-4748 (the "Board") and the
law firm of CHRISTIANSEN & DEHNER, P.A., 63 Sarasota Center Boulevard, Suite 107,
Sarasota, Florida 34239 ("Counsel").
WIT N E SSE T H:
WHEREAS, the Board wishes to retain Counsel to provide Pension Attorney Services to
the Board.
NOW, THEREFORE, in consideration of the promises and mutual covenants herein
contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is hereby
authorized to provide pension attorney services as described in and for the professional fees
described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide pension
attorney services to the Board, which shall include legal advice, document and ordinance
preparation, and other services as directed by the Board.
SECTION 3. TERM. This Agreement will be effective from October 1, 2000 through
September 30, 2001.
SECTION 4. PROFESSIONAL FEES FOR SERVICES. The Board and Counsel agree to
a rate of $180.00 per hour for attorney services, and $90.00 per hour for travel time from October
1, 2000 through December 31, 2000, and thereafter shall be $210.00 per hour for attorney
services, and $105.00 per hour for travel time, plus reimbursement for reasonable compensable
expenses subject to Board approval.
SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall be
made by the Board to the firm for reasonable out-of-pocket expenses as determined by
the Board without markup, including but not limited to long distance calls and facsimiles,
copying or reproducing documents, postage, court costs, parking costs and travel
incurred by Counsel in performance of the duties hereunder. Travel and per diem costs
as well as auto travel expenses shall not exceed that which is available to City of
Clearwater employees.
SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect, defend,
indemnify and hold the Board 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 Counsel, its employees, agents and subcontractors in connection with or arising
directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its
liability under this Agreement, Counsel shall procure and maintain during the life of this Agreement
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professional liability insurance in an amount of $2,000,000. This provision shall survive the
termination of this Agreement.
SECTION 7. CONFLICT OF INTEREST. It is understood by the Board and Counsel that
Counsel is not aware of any clients of the firm that currently present any conflict between the
interests of the Board and other clients of Counsel. If any potential conflict of interest arises
during the time Counsel is representing the Board, Counsel will promptly inform the Board. The
Board is under no obligation to agree to permit the conflict representation.
SECTION 8. 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 Board and Counsel.
SECTION 9. CANCELLATION OF AGREEMENT. The Board may cancel or terminate
this Agreement upon ten days advance written notice to Counsel. In the event of cancellation,
Counsel shall immediately cease work hereunder and shall be reimbursed for eligible and
documented reimbursable expenses incurred prior to the date of cancellation. Further, it is
understood and agreed between the Board and Counsel that H. Lee Dehner and Scott R.
Christiansen will be the lead attorneys assigned by the firm to provide the services contained
herein. The Board in its absolute discretion may immediately terminate this Agreement upon
written notice to the firm if the services of this attorney are unavailable to the Board.
IN WITNESS WHEREOF, the Board and Counsel have executed this Agreement as of the
date first written above.
BOARD OF TRUSTEES OF THE
EMPLOYEES' PENSION PLAN OF THE
CITY OF CLE WATER, FLORIDA
By:
Approved as to form:
J~ Akin
City Attorney
Attest:
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Cyn 'a E. Goudeau
City erk
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CHRISTIANSEN & DEHNER, P.A.
By: dt~f::jJJ~
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