CONTRACT FOR REPORTING SERVICES 08/01/97 TO 07/31/98
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CONTRACT FOR REPORTING SERVICES
This AGREEMENT made this 9TH day of September, 1997, by and between the
City of Clearwater, Florida (City), P. O. Box 4748, Clearwater FL 33758, and D & D
Reporting Service, Inc. (Reporter), 915 Chestnut St. Clearwater, FL 34617, a Florida
corporation.
WHEREAS, City and City's authorized outside counsel agree to utilize Reporter
for any depositions, City Commission closed-door sessions, or other hearings or
matters at which court reporting services are required by City; and
WHEREAS, Reporter agrees to provide court reporting services to City as well
as to City authorized outside counsel;
NOW THEREFORE, the City and Reporter do hereby agree as follows:
1. SCOPE. Reporter agrees to provide court reporting services to City, for
any depositions, City Commission closed-door sessions, or other hearings or matters at
which court reporting services are required by City.
2. TERM. Begins on August 1,1997, and ends on July 31,1998. Reporter
shall also have the option to renew for two (2) additional one (1) year terms under the
same conditions by giving City thirty (30) days written notice prior to the expiration of the
preceding term.
3. REPORTS. Reporter agrees to provide to City reports on all services
upon request by the City. All reports shall comply with City's recycled and recyclable
products code requirements, Clearwater Code Section 2.601.
4. COMPENSATION. The City will pay Reporter for reporting services
based on the following rates:
Attendance:
First Hour
after first hour
$30.00
20.00
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Original page rate
$2.50
Copy page rate
1.00
Expedited Transcript
3.50
Ascii disks
No Charge
Travel
No charge within Pasco, Pinellas and
Hillsborough County
Reporter shall deliver all transcripts of depositions or meetings to the City
within eight (8) days of such deposition or meeting, otherwise City shall receive a ten
per cent (10%) reduction on any amount due for each day such transcript is delayed.
5. METHOD OF PAYMENT. Reporter shall bill City according to the
rates described herein. City agrees to pay all invoices under the terms of the Florida
Prompt Payment Act F.S. 218.70.
6. CONTACTS FOR RESPONSIBILITY. Denise A. Herrold will manage
and supervise the performance of this Agreement on behalf of Reporter. Associated
with Denise A. Herrold will be staff members whose experience and qualifications are
appropriate for these services. The City will be represented by Pamela K. Akin, City
Attorney, or her designee for all matters relating to this Agreement.
7. TERMINATION OF CONTRACT. Either party may terminate this
contract by giving the other party thirty (30) days written notice of its election to do so
and by specifying the effective date of such termination. The Reporter shall be paid for
its services through the effective date of such termination. Further, if Reporter shall fail
to fulfill any of its obligations hereunder, this contract shall be in default, the City may
terminate the contract, and Reporter shall be paid only for work completed.
8. NON-DISCRIMINATION. There shall be no discrimination against any
employee who is employed in the work covered by Agreement, or against applicants for
such employment, because of race, religion, color, sex, or national origin. This provision
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shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rate of payor other
forms of compensation; and selection for training, including apprenticeship.
9. INTERESTS OF PARTIES. Reporter covenants that its officers,
employees and shareholders have no interest and shall not acquire any interest, direct
or indirect, which would conflict in any manner or degree with the performance of
services required to be performed under this Agreement.
10. INDEMNIFICATION AND INSURANCE. Reporter 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 Reporter or its employees in
connection with or arising directly or indirectly out of this Agreement and/or the
performance hereof.
11. PROPRIETARY MATERIALS.
Upon termination of this Agreement, Reporter shall transfer, assign and
make available to City or its representatives all property and materials in Reporter's
possession belonging to or paid by the City.
12. 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 attorney fees and 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 and Reporter, have executed this Agreement on the
date first above written.
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SIGNATURE PAGE FOR AGREEMENT BETWEEN D&D REPORTING SERVICE
and THE CITY OF CLEARWATER, FLORIDA
Countersigned:
CITY OF CLEARWATER, FLORIDA
By: ~
Rita Garvey
Mayor-Commissioner
Michael J. Roberto
City Manager
Approved as to form and
legal sufficiency:
Attest:
p~a t. tn
City Attorney
s:/agreementlD&D Reporting
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