LEGAL SERVICES AGREEMENT (2)
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LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the ~ day of Ookbvv , 1997, by and
between the CITY OF CLEARWATER, FLORIDA (the "City") and the law firm of
Thompson, Goodis and Thompson ("Counsel").
WIT N E SSE T H:
WHEREAS, the City wishes to retain a firm to serve as Counsel in the following
matter: Ewa Skowronek, as Widow and Personal Representative of Estate of Wieslaw
Skowronek, Deceased, etc., et aI., United States District Court Case No. 97-2293-Civ-T-
99E.
NOW, THEREFORE, in consideration of the premises 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 services as described in this Agreement and for the
professional fees described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its
professional services for the following matter: Ewa Skowronek, etc., et al. United States
District Court Case No. 97-2293-Civ-T-99E.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel
agree to a rate of $125.00 per hour for attorney services for James B. Thompson,
Esquire, $100.00 per hour for attorney services for associate attorneys.
SECTION 4. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to the firm for reasonable out-of-pocket expenses as determined by
the City Attorney 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 5. INDEMNIFICATION AND INSURANCE. Counsel 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 Counsel or its employees 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 professional liability insurance in
an amount in excess of $1,000,000. This provision shall survive the termination of this
Agreement.
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SECTION 6. CONFLICT OF INTEREST. It is understood by the City and Counsel
that Counsel is not aware of any clients of the firm that currently present any conflict
between the interests of the City and other clients of Counsel. If any potential conflict of
interest arises during the time Counsel is representing the City, Counsel will promptly
inform the City. The City is under no obligation to agree to permit the conflict
representation.
SECTION 7. 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 City and Counsel.
SECTION 8. COURT REPORTER SERVICES. The City has a contract with D &
o Reporting Services for all court reporter services, including the use of court reporter
services by the City's outside counsel. Counsel agrees to use D & D Reporting Services
whenever possible.
SECTION 9. COMPLIANCE WITH RECYCLED PAPER ORDINANCE. Per
Ordinance 5059-90, the City and Counsel agree to the following:
A. All reports submitted to the City shall use recycled paper when it is available at
a reasonable price and of satisfactory quality to meet contractual performance standards.
For the purposes of this paragraph, the price of recycled paper shall be considered
"reasonable" if its cost is no more than ten percent higher than the lowest price offered for
non-recycled paper.
B. All reports submitted to the City shall use both sides of paper sheets whenever
practical.
C. Counsel shall be responsible for maintaining records documenting usage of
recycled paper for reports submitted to the City in fulfillment of contractual obligations.
Counsel shall submit such records to the City according to procedures to be established
by the Purchasing Manager.
SECTION 10. EFFECTIVE DATE. This Agreement will be effective commencing
October 2, 1997.
SECTION 11. CANCELLATION OF AGREEMENT. The City or Counsel 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 City and Counsel that
James B. Thompson, Esquire, will be the lead attorney assigned by the firm to provide
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the services contained herein. The City 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 City.
SECTION 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 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 Counsel have executed this Agreement as
of the date first written above.
Countersigned:
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CITY OF CLEARWATER, FLORIDA
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Ri a Garvey
Mayor-Commissioner
By:
Michael J. Roberto
City Manager
Approved as to form:
Attest:
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Pamela K. ;tin
City Attorney
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City Clerk / ---' '
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THOMPSON, GOODIS, AND THOMPSON,
By:
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