LEGAL SERVICES AGREEMENT (90)LEGAL SERVICES AGREEMENT
S
THIS AGREEMENT is made on the 2i� day of ',2 , 2023, by and
between the CITY OF CLEARWATER, FLORIDA, P.O. Box 4748, Clearwater, Florida
33758-4748 (the "City") and TRASK DAIGNEAULT LLP, 1001 South Fort Harrison Ave,
Suite 201, Clearwater, FL 33756 ("Counsel").
WITNESSETH:
WHEREAS the City wishes to retain Counsel to provide Attorney Services to the
Community Development Board, Building and Flood Board of Adjustment and Appeals, Civil
Service Board and the Nuisance Abatement Board; and
WHEREAS the City retained Counsel to provide legal services to the Community
Development Board and Building and Flood Board of Adjustment and Appeals in 2013 at the
hourly rate of $150.00; and
WHEREAS the City retained Counsel to provide legal services to the Nuisance
Abatement Board in 2015 at the hourly rate of $150.00; and
WHEREAS the City and Counsel entered into a Legal Services Agreement in 2019 to
provide legal services to the Community Development Board, the Building and Flood Board
of Adjustment and Appeals and the Nuisance Abatement Board at the hourly rate of $160.00;
and
WHEREAS the City retained Counsel to provide legal services to the Civil Service
Board in 2021 at the hourly rate of $175.00; and
WHEREAS Counsel has requested an increase in the hourly rates for the Community
Development Board, the Building and Flood Board of Adjustment and Appeals, the Nuisance
Abatement Board and the Civil Service Board; and
WHEREAS the purpose of this Legal Services Agreement is to address that request;
and
WHEREAS all prior legal services agreements between the City and Counsel shall
become null and void upon the execution of this Legal Services Agreement.
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 to the Community Development Board,the Building and Flood Board of Adjustment
and Appeals, Civil Service Board and the Nuisance Abatement Board, which shall include legal
advice, document preparation, attendance at board meetings, and other services as directed
by the City.
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SECTION 3. TERM. This Agreement will be effective July 1, 2023, and will continue
until September 30, 2026, unless terminated in accordance with Section 9 herein.
SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and
Counsel agree to a rate of $225.00 per hour for attorney services, plus reimbursement
for reasonable compensable expenses subject to City approval.
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
govemed 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.
ATTEST:
fp ( Rosemarie Call, ity CI fr
CITY OF CLEARWATER
a municipal corporation
Bnan J. Aung0r., Mayor
APPROVED AS TO FOM:
David Margolis, City Attorney
TRAS
Bv:
, LP
ay Daiault, Managing Partner
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