LEGAL SERVICES AGREEMENT (109)LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the /` day of MAtQi'Y1,1=g.ey , 2026, 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
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, in June 2023, Counsel and the City executed an updated Legal Services
Agreement wherein the rate for the representation of the various boards was increased to a
uniform hourly rate of $225.00; and
WHEREAS, Counsel resigned from its representation of the Community Development
Board in March 2026; and
WHEREAS, the June 2023 Legal Services Agreement has expired pursuant to the
term set forth in Section 3 of said agreement; and
WHEREAS, Counsel desires to continue to represent the City of Clearwater Building
and Flood Board of Adjustment and Appeals, the Nuisance Abatement Board, and the Civil
Service Board; 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 THEREFOR 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.
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SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide attomey
services to the Building and Flood Board of Adjustment and Appeals, Civil Service Board, and
the Nuisance Abatement Board, which shall include legal advice and consultation; document
preparation; representation to the boards at board meetings, for appellate proceedings, and
for other legal proceedings; and such other legal services as directed by the City.
SECTION 3. TERM. This Agreement will be effective December 1, 2026, and will
continue until November 30, 2029, unless terminated in accordance with Section 9 herein.
SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and
Counsel agree to a rate of $285.00 per hour for attorney services, plus reimbursement
for reasonable compensable expenses subject to City approval. Compensation for
professional services provided under this Agreement shall not exceed $30,000.00 unless
an authorized representative of the City approves an increased amount.
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.
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
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costs and that jurisdiction for such an action shall be in a court of competent jurisdiction in
Pinellas County, Florida.
SECTION 11. CERTIFICATION REGARDING DIVERSITY, EQUITY, AND INCLUSION.
Pursuant to Section 287.139, F.S., Counsel certifies that it does not and will not use City funds
to require its employees, contractors, volunteers, vendors, or agents to ascribe to, study, or be
instructed using materials relating to diversity, equity, and inclusion, as defined in Section
166.04971 (1), F.S.
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of
the date first written above.
CITY OF CLEARWATER,
a Florida municipal corporation.
ATTEST:
Rosemarie Call, City
Date: 11 -ID •P(?
APP O FORM:
Owen Kohle City Attorney
Date: ///6$ ca 6
TRASK DAIGNEAULT, LLP,
a Florida corporation.
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EXHIBIT "A"
NO COERCION FOR LABOR OR SERVICES ATTESTATION
Pursuant to Section 787.06(14), F.S., this form must be completed by an officer or representative
of a nongovernmental entity when a contract is executed, renewed, or extended between the
nongovernmental entity and a govemmental entity.
TRASK DAIGNEAULT, LLP does not use coercion for labor or services as defined in Section
787.06, F.S.
Under penalty of perjury, I declare that I have read the foregoing statement and that the facts
stated in it are true and correct.
Signature:
Printed Name' yAn,1)nc. 1). /110,24
Title: i'ipnolC2iiiies P,Mrruf/2 . reibx 7AibitiatiLT LLQ'
Date: ///9/702-4.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me by meansphysical presence or o online
notarization, this =day of tCjJer r .Qr , 2026 by , as
of who is/are personally known to me or o who
has/have produced a driver's license as identification.
(NOTARIAL SEAL)
Notary Public Stets of Plodds
Ashley M. Hill
My Commission Mil 727125
Expire,/ 101212029
m
Notary Pu c, State of Florida
Name of Notary: nShi.6,4
My Commission Expires: pi ° .o
My Commission No.: tia-1,695
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