AGREEMENT - INTERIM CITY ATTORNEY
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AGREEMENT
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THIS AGREEMENT, made and entered into this ~ day of April, 1994, by
and between the City of Clearwater (hereinafter referred to as the "City"), and Alan S.
Zimmet (hereinafter referred to as the "Zimmet").
WHEREAS, the City wishes to retain Zirnrnet to act as Interim City Attorney.
NOW, THEREFORE, in consideration of the premises and the mutual benefits
which will accrue to the parties hereto, it is mutually understood and agreed as follows:
1. The City hereby retains Zirnrnet to act as Interim City Attorney.
Zimmet will have the duties and rights provided for in the City's Charter for the City
Attorney. Zimmet will perform the scope of work described below.
2. Zimmet agrees to provide the services described in this Agreement.
3. The scope of the work to be provided by Zimmet shall include directing
the existing staff of the City's Legal Department, overseeing the litigation being handled
by the City's current legal department staff, overseeing the assignments and make
assignments to the current staff of the City's Legal Department, assuring that appropriate
staff are assigned to attend all necessary City Commission and other board meetings, and
reviewing the litigation being handled by outside counsel.
4. This Agreement does not include the three existing cases that are
being handled by Zimmet on behalf of the City, namely, Church of Scientology Flag Service
Organization, Inc. v. City of Clearwater, et aI., Americans United For Separation of
Church and State, et al. v. City of Clearwater, et aI., and The City of Clearwater and
Sidney Klein v. Church of Scientology Flag Service Organization, Inc.
5. Notwithstanding anything contained herein to the contrary, the
relationship of Zimmet to the City will be that of an independent contractor and is not
intended to and shall not be considered as the relationship of employer/employee.
6. Zimmet will be paid a retainer of $2,000.00 per month for the services
to be provided under this Agreement. This retainer will cover the first twenty (20) hours
of work performed by Zirnrnet each month. Zimmet will be compensated at the rq,te of
$125.00 per hour for work performed beyond the initial twenty (20) hours per month
covered by the retainer. The monthly retainer will commence effective May 1, 1994. For
the period of time between the commencement of this Agreement and May 1, 1994,
Zimmet will be compensated at the rate of $100.00 per hour for the first twenty (20) hours
for work performed and $125.00 per hour for worked performed for each hour above twenty
(20) hours. Zimmet will be compensated ,at the rate of $125.00 per hour for any litigation
work that Zimmet is requested to make an appearance on behalf of the City, its employees,
or officers. Any out of pocket expenses incurred by Zimmet on the City's behalf beyond
the Legal Department's budget will be submitted to the City Commission for approval.
7. The City will make available to Zimmet, in connection with the
services to be provided by Zimmet under this Agreement, the staff of the City's Legal
Department. This includes, but is not limited to, the attorneys and secretarial staff
assigned to the Legal Department. Additionally, the City will make available, all
equipment and services that are presently made available to the Legal Department.
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8. The City will be billed monthly for fees and costs incurred during the
preceding month. Zirnrnet will provide itemized bills. All invoices are required to be paid
upon receipt. In the event any invoice is not paid within thirty days of the date of the
invoice, Zimmet reserves the right to suspend the rendition of legal services and/or to
terminate the attorney/client relationship. Additionally, any outstanding invoice not paid
in accordance with Section 218.70, et seq. Fla.Stat., will bear interest in accordance with
~218.70, et seq.
9. This Agreement shall commence upon the date first written above and
shall terminate upon the City's hiring of, and the commencement of employment of, a
permanent city attorney. Notwithstanding anything contained herein to the contrary, the
parties may terminate this Agreement without cause by providing the other party with
seven (7) days written notice of said termination.
10. Zirnrnet shall not use information relating to its representation of the
City obtained during and due to its representation of the City as Interim City Attorney
pursuant to this Agreement to the disadvantage of the City unless the City consents after
consultation as provided in Rule 4-1.8 of the Rules Regulating The Florida Bar.
11. Zimmet will act as Chairman of the City Attorney Selection
Committee without charge.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first above written.
CITY OF CLEARWATER
By:
By:
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