LEGAL SERVICES AGREEMENT (57)LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the � day of.�u� , 2012, by and befinreen the
CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida 33758-4748 (the "City")
and GINA GRIMES, ESQ., Hill, Ward & Henderson, Suite 3700 Barnett Plaza, 101 Kennedy Bivd.,
Tampa, FL 33602 ("Counsel").
WITNESSETH:
WHEREAS, the City wishes to retain Counsel to provide Attorney Services to the
Community Development Board, the Building/Flood Board of Adjustment and Appeals, and other
boards as necessary.
NOW, THEREFORE, in consideration of the promises and mutual covenants herein
contained, the parties hereto do hereby agree as fotlows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is hereby
authorized to provide attorney services as described in and for the professional fees described in
this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide attorney services
to the Community Development Board, the Building/Flood Board of Adjustment and Appeals, and
other boards as necessary, which shall include legal advice, document and ordinance preparation,
attendance at board meetings, and other services as directed by the City.
SECTION 3. TERM. This Agreement will be effective from June 1, 2012 and shall remain
in effect unless cancelled pursuant to Section 9.
SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a
rate of $150.00 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 City to Counsel for reasonable out-of-pocket expenses as determined by the
City 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 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
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 City and Counsel that
Counsel is not aware of any clients of the firm that currently present any conflict befinreen 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. CANCELLATION OF AGREEMENT. The City 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.
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the
date first written above.
Approved as to form:
�
amela K. Akin
City Attorney
Attest:
THE CITY OF CLEARWATER
By: — �c���e � ���.�kds
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
GINA K. GRIMES, ESQ.
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