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LEGAL SERVICES RE-FRATERNAL ORDER OF POLICE LODGE 10 - MEHR - PEARN - HEINZ VS JONES LEGAL SERVICES AGREEMENT ti-- THIS AGREEMENT is made on the ~ day of between the CITY OF CLEARWATER, FLORIDA (the THOMPSON, SIZEMORE & GONZALEZ ("Counsel"). WIT N E SSE T H: , 2003, by and the law firm of WHEREAS, the City wishes to retain a firm to serve as Counsel in the matter of: James E. Mehr, and Anthony Pearn and James M. Heinz v. City of Clearwater, Florida, Fraternal Order of Police Lodge 10, and Cynthia P. Jones, Case No. 8:02-CV-1313-T- 24TBM. 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: James E. Mehr, and Anthony Pearn and James M. Heinz v. City of Clearwater, Florida, Fraternal Order of Police Lodge 10, and Cynthia P. Jones, Case No. 8:02-CV- 1313-T-24TBM SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a rate of $150.00 per hour for attorney services for Thomas Gonzalez, Esquire and Deborah C. Brown, Esquire, and $125.00 per hour for attorney services for Richard L. Bradford, Esquire and Luis Cabassa, Esquire. SECTION 4. TERM. This Agreement will be effective commencing immediately. Counsel has been providing professional services for this matter since September 2002, under its general contract with the City. SECTION 5. 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 6. 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 Counselor 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. SECTION 7. 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. Ifany 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 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 City and Counsel. SECTION 9. COURT REPORTER SERVICES. The City has a contract with D & . D 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 1 O. 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 Deborah S. Crumbley, Esquire, will be the lead attorney assigned by the firm to provide 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 11. 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. 2 IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the date first written above. THE CITY OF CLEARWATER, FLORIDA By: B. ~J AL ~t -~-- nan~ Mayor Approved as to form: Attest: Jg Pamela K. Akin City Attorney . ['. THOMPSON, SIZEMORE & GONZALEZ, P.A. BY~ Thomas Gonz z, qu e 3