LEGAL SERVICES AGREEMENT (49)LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the day of December, 2009, by and
between the CITY OF CLEARWATER, FLORIDA (the "City") and the law firm of
KLAUSNER & KAUFMAN, P.A. ("Counsel").
WITNESSETH:
WHEREAS, the City wishes to retain a firm to serve as Counsel in connection
with matters pertaining to the City's employees' benefits plan, deferred compensation
plan and money purchase plan.
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 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 in connection with the following matters: Employees' benefits
pension plan, deferred compensation plan and money purchase pension plan.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel
agree to a rate of $300.00 per hour for attorney services for KLAUSNER & KAUFMAN,
P.A.
SECTION 4. TERM. This Agreement will be effective commencing September
1, 2009.
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.
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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 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.
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. 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 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 10. CANCELLATION OF AGREEMENT. The City of Counsel may
cancel or terminate this Agreement upon ten (10) 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.
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.
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IN WITNESS WHEREOF, the City and Counsel have executed this Agreement
as of the date first written above.
Countersigned:
CITY OF CLEARWATER, FLORIDA
I i?? y: ?--
rank V. Hibbard William B. Horne, II
Mayor City Manager
Approved as to form:
bkl
amela K. Akin
City Attorney
Attest:
Cynthia E.
City Clerk
P.A. ? FVI
KLAUSNER &
By;
A. KAUFMAN
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