LEGAL SERVICES AGREEMENT (64)LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the 9 day of 'crr4 , 2013, by and
between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida
33758 -4748 (the "City ") and ALAN ZIMMET, ESQ., Bryant Miller Olive, One Tampa City
Center, 201 N. Franklin St, Suite 2700, Tampa, FL 33602 ( "Counsel ").
WITNESSETH:
WHEREAS, the City wishes to retain Counsel to provide Attorney Services in the
matter of Thomas Petersen and Inge Spatuzzi v. City of Clearwater and Deborah Clark.
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 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 as follows: Representation of the City of Clearwater in the matter of Thomas
Petersen and Inge Spatuzzi v. City of Clearwater and Deborah Clark, Case No. 13-
008224 -CI.
SECTION 3. TERM. This Agreement will be effective September 6, 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 $250.00 per hour for attorney services and $125.00 per hour for
paralegals and law clerks, to a maximum of $40,000, not to exceed $30,000 without prior
written consent.
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,
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 for 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 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
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. 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:
THE CITY OF CLEARWATER
By:
Attest:
George N. Cretekos
Mayor
City Attorney
Attest:
[LT13- 9100 -0 5/132083/1]
Rosemarie Call
City Clerk
ALAN ZIMMET, ESQ.
BRYANT MILLER OLIVE
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