LEGAL SERVICES AGREEMENT (63)LEGAL SERVICES AGR,�EMENT
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THIS AGREEMENT is made on the � day of ��" , 2013, by and
between the CIN OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Fbrida
33758-4748 (the "C'i1y") and JAY DAIGNEAULT, ESQ., Frazer, Hubbard, Brandt, Trask,
Yacavone, Metz & Daigneault, LLP, 595 Main St., Dunedin, FL 34698 ("CounseP').
WITNESSETH:
WHEREAS, the City wishes to retain Counsel to provide Attomey Servic�s to the
Community Development Board and the BuildinglFlood Board of Adjustment and
Appeals.
NOW� THEREFORE, in consideration of the promises and mutual covenants
herein contained, the parties hereto do hereby agree as foUows:
SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is
hereby authorized to provide attomey services as described in and for the professional
fees described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to pr�vide attomey
services to the Community Development Board and the BuildinglFlood Board of
Adjustment and Appeals, which shall include legat 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 May 17, 2013 and will
continue until terminated in accordance with Section 9 herein.
SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and Counsel
agree to a rate of $150.00 per hour for attomey services, 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 reasonabte out-of-pocket expenses as
determined by the City without markup, including but not limited to long distance calls and
facsimiles, 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. The
City will reimburse Counsel fvr photocopies at the statutory rate of $0.15 per single-sided
page and $0.20 per double-sided page.
SECTiON 6. � INDEMNIFICATION AND INSURANCE. Counsel agrees to protect,
defend, indemnify ahd hotd the City and its o�cers, emptoyees and agents free and
harmless from and against any and all losses, pena�ies, damages, settlements, costs,
charges, professiona! fees or other expenses or liabilitres of every kind and character
arising out of or due to any negligent act or omissan of Counsel, its emplQyees, ac,�ents
and subcontractors in connection with or arising direcdy 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
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 shatl be
govemed by and construed in acoordance with the laws of the State of Florida. This
Agreement may be amended �nly 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 el'�gible 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:
THE CITY OF CLEARWATE�
By. . c�e�<<t l� C�t Il�i
George N. Cretekos
Mayor
Attest:
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Pamela K. Akin Rosemarie Call
City Attomey City Clerk
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