AGREEMENT FOR LIMITED SPECIAL COUNSELAGREEMENT FOR LIMITED SPECIAL COUNSEL
THIS AGREEMENT FOR LIMITED SPECIAL COUNSEL ("Agreement") is made and
entered by and between the City of Clearwater ("City") and Allen, Norton & Blue, P.A. ("Law
Firm").
WITNESSETH:
WHEREAS, the City desires to retain the services of the Law Firm for the limited purpose
of representing and defending the City with respect to the lawsuit entitled Jamie M Lascko v. City
of Clearwater, Case No. 24 -000704 -CI (Fla. 6th Cir. Ct. 2024) ("Lascko Litigation"), and
WHEREAS, the Law Firm agrees to represent and defend the City's interests in the Lascko
Litigation.
NOW THEREFORE, in consideration of the following mutual covenants and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged by all
parties hereto, Law Firm and the City agree as follows:
1. The City hereby engages Law Firm to represent and defend it in the Lascko
Litigation, in accordance with applicable law, applicable court rules, and the Rules
Regulating the Florida Bar.
2. Brian Koji shall be the primary and responsible attorney for Law Firm to provide
representation to the City. Other attorneys and staff may perform supporting
services on these matters provided that the City is informed and is not disagreeable
to such arrangement.
2. The billing rate for attorneys, including Brian Koji, will be $250.00 per hour. The
billing rate for paralegals will be $110.00 per hour.
4. The City will pay reasonable costs and out-of-pocket expenses, other than local
travel expenses in the Tampa Bay region.
5. Law Firm will send a monthly itemized billing statement showing the correct
amount of time for each person who renders billable services, the hourly rate, the
amount of fees for the services and the services provided. Clerical services are
deemed to be overhead and not billable as paralegal time. The billing will also
itemize the expenses. Travel confined to the Tampa Bay region will be considered
overhead and will not be billed to the City. The City will pay Law Firm invoices
on its next billing cycle, not to exceed forty-five (45) days after receipt of the
invoice.
6. The City is a governmental entity, funded by taxes. Accordingly, the Law Firm
agrees to endeavor to employ cost-saving measures, including the use of the City's
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offices and personnel where practicable, use of legal assistants, and similar cost-
saving devices.
7. For the duration of this Agreement, the Law Firm will not accept or represent clients
in matters adverse to the City without prior authorization.
8. The term of this Agreement shall commence on the date it is approved by the City
and shall remain in effect until the Lascko Litigation has concluded, unless
terminated by the parties prior to that time.
9. This Agreement is terminable by either party upon fifteen days written notice by
one to the other. As long as the Law Firm is not in breach of this Agreement, the
City will pay the Law Firm for all services rendered up to the date of the receipt of
the notice of termination. The Law Firm will not terminate the Agreement at such
a time or in such a manner that the rights of the City in the Lascko Litigation will
be prejudiced.
10. This Agreement shall be modified only by a written agreement duly executed by
the City and Law Firm.
11. Unless expressly stated herein to the contrary, nothing in this Agreement, whether
express or implied, is intended to confer any rights or remedies under or by reason
of this Agreement on any persons other than the parties hereto and their respective
legal representatives, successors and permitted assigns. Nothing in this Agreement
is intended to relieve or discharge the obligation or liability of any third persons to
any party to this Agreement, nor shall any provision give any third persons any
right of subrogation or action over or against any party to this Agreement.
12. This Agreement contains the entire agreement between the Parties. There are no
other representations, warranties, promises, agreements or understandings, oral,
written or implied, among the Parties, except to the extent reference is made thereto
in this Agreement.
13. The Firm shall comply with public records laws as set forth in Section 119, Florida
Statutes, and shall specifically: (1) keep and maintain public records that ordinarily
and necessarily would be required by the City in order to perform the service; (2)
provide the public with access to public records on the same terms and conditions
that the City would provide the records and at a cost that does not exceed the cost
provided in Section 119, Florida Statutes, or as otherwise provided by law; (3)
ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and
(4) meet all requirements for retaining public records and transfer to the City, at no
cost, all public records in possession of the Firm upon termination of the Contract
and destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must
be provided to the City in a format that is compatible with the information
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technology systems of the City. If the Firm does not comply with a public records
request, the City shall enforce the contract provisions in accordance with the
contract.
IN WITNESS WHEREOF, the parties have signed this Agreement as the dates and year
written below.
ALLEN, NORTON & BLUE, P.A., CITY OF CLEARWATER,
By:0,
Name::
Title: a , older Attorney
By:
Name:
Title:
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Countersigned:
Brian J. Aun
Mayor
CITY OF CLEARWATER, FLORIDA
By:
Approved asto fo m: Attest:
90,/
David Margolis
City Attorney
Jennir Pwrier
City Manager
Rosemarie Call
City Clerk