LEGAL SERVICES AGREEMENT (84)LEGAL SERVICES AGREEMENT
141
THIS AGREEMENT is made on the w day of October, 2021, by and between the CITY
OF CLEARWATER, FLORIDA (the "City") and the law firm of UNICE SALZMAN JENSEN, P.A.
("Counsel").
WITNESSETH:
WHEREAS, the City wishes to retain a firm to serve as Counsel for the Municipal Code
Enforcement Board.
NOW, THEREFORE, in consideration of the premises 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 to represent the Municipal Code Enforcement Board.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a
rate of $175.00 per hour for attomey services for Andrew Salzman, Esquire or other shareholder,
$150.00 per hour for attorney services for associates, and $90.00 per hour for paralegal services.
SECTION 4. TERM. This Agreement will be effective commencing immediately and will be
effective through September 30, 2026.
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. 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 or its employees 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 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 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.
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.
Approved as to form: Attest:
tik-1
Pamela K. Akin
City Attorney
THE CITY OF CLEARWATER, FLORIDA
By:
rank Hibbard
Mayor
J.1.401/1_ alit- Lit
Rosemarie Call
City Clerk
[GM21-9700-023/27725711]
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GM21-9700-023/277257/11