LEGAL SERVICES AGREEMENT (66)LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the day of , 2014, by and between the
CITY OF CLEARWATER, FLORIDA (the "City ") and th law firm of Richards, Gilkey, Fite,
Slaughter, Pratesi & Ward, P.A. ( "Counsel ").
WITNESSETH:
WHEREAS, the City wishes to retain a firm to serve as Counsel in the purchase of parking
spaces in a parking garage to be constructed on the portion of the Pelican Walk Plaza, 483
Mandalay Ave., Clearwater, Florida, that is currently used as a surface parking lot.
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 for the following matters: Representation of the City of Clearwater in the purchase of
parking spaces in a parking garage to be constructed at 483 Mandalay Ave., Clearwater, Florida.
Counsel will not advise City as to the scope of City's municipal authority under City Charter or State
law. Counsel will not identify, raise or advise the City on any permitting, approval, ADA, tax, bond,
or environmental issues.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a
rate of $ 325.00 per hour for attorney services for Emil Pratesi and Carlton Ward. The maximum
fees and compensable expenses paid pursuant to this Agreement shall be $ 40,000.00, unless
amended as provided in Section 8 below.
SECTION 4. TERM. This Agreement will be effective commencing April 17, 2014.
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. INSURANCE. Counsel shall procure and maintain during the life of this
Agreement professional liability insurance in an amount in excess of $1,000,000. City
acknowledges having received a copy of the Counsel's current policy. 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 aware that the firm currently represents Divaco, Inc., a company that is involved in a
condemnation case against the City, Divaco, Inc. v. City of Clearwater, Case No. 07- 2045CI -15.
City and counsel are not aware of any other 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 and shall have the right to withdraw from further
representation of 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 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 Emil Pratesi, Esquire, and Carlton
Ward will be the attorneys 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 these attorneys are unavailable to the City.
SECTION 10. 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.
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the
date first written above.
Countersigned:
George N. Cretekos
Mayor
Approved as to form:
Pamela K. Akin
City Attorney
RICH = +S, GILKEY, F
By:
Attest:
CITY OF CLEARWATER, FLORIDA
William B. Horne II
City Manager
Rosemarie Call
City Clerk
SLAUGHTER, PRATES! & WARD, P.A.
vt.
By: Emil Pratesi, Esq.
[GM14- 9216B- 024/147075/1]
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