LEGAL SERVICES AGREEMENT (39)
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the /(tJ- day of ~, 2007, by and between the
CITY OF CLEARWATER, P.O. Box 4748, Clearwater, Flor~4748 (the "City") and the law
firm of AKERMAN, SENTERFITT & EIDSON, P.A., Citrus Center, Suite 1700, 255 South Orange
Avenue, P.O. Box 231, Orlando, Florida 32801 ("Counsel").
WIT N E SSE T H:
WHEREAS, the City wishes to retain Counsel to serve as Counsel to the Clearwater Gas
System. 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 Clearwater Gas System of the City of Clearwater. .
SECTION 3. TERM. The term of this Agreement shall be for one year, beginning October
1, 2007 and expiring September30, 2008.
SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to
a rate of $280.00 per hour for attorney services for William L. Pence and $260.00 per hour for
attorney services for Robyn D. Neely. Professional fees for services shall not exceed $25,000.00
for the term of this Agreement.
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. 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. Further, it is
understood and agreed between the City and Counsel that William L. Pence will be the lead
attorney 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 this attorney are unavailable to the City.
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the
date first written above.
CITY OF CLEARWATER, FLORIDA
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William B.Horne, II"..' ,
City Manager ..<'. . :..;
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Approved as to form:
Mia K. Akin
City Attorney
Attest:
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AKERMAN, SENTERFITT & EIDSON, P.A.
By:/fIjP6~ 0( ~
illiam L. Pence
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