LEGAL SERVICES AGREEMENT (6)
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LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the c?/~ay of "h "d ,1999, by and
between the CITY OF CLEARWATER, FLORIDA, P. O.~ Clearwater, FL
33758-4748 (the "City") and the law firm of AKERMAN, SENTERFITT & EIDSON, P.A.,
Citrus Center, 255 South Orange Avenue, P.O. Box 231, Orlando, Florida 32802-0231
("Counsel").
WIT N E SSE T H:
WHEREAS, the City wishes to retain a firm to serve as Counsel in the following
matter: Dr. And Mrs. Carlos Berry property located at 107 Harrison Avenue, Belleair
Beach, FL 33786
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 for the following matter: Dr. And Mrs. Carlos Berry property located
at 107 Harrison Avenue, Belleair Beach, FL 33786
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel
agree to the following rates: William L. Pence - $205 per hour; Timothy A. Smith - $190
per hour; Robyn D. Neely - $175 per hour; and Geoffrey B. diMauro - $120 per hour.
SECTION 4. 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 5. 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 Counselor 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.
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SECTION 6. 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 7. 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 8. COURT REPORTER SERVICES. The City has a contract with D &
D Reporting Services for all court reporter services, including the use of court reporter
services by the City's outside counsel. Counsel agrees to use D & D Reporting Services
whenever possible.
SECTION 9. EFFECTIVE DATE. This Agreement will be effective upon
signatures by both parties.
SECTION 1 O. 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. Further, it is understood and agreed between the City and Counsel that
William L. Pence, Esquire, will be the lead attorney assigned by the firm to provide the
services contained herein. The City in its absolute discretion may immediately terminate
this Agreement upon written notice to the firm if the services of this attorney are
unavailable to the City.
SECTION 11. 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.
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SIGNATURE PAGE FOR AGREEMENT BETWEEN
AKERMAN, SENTERFITT & EIDSON, P.A., and CITY OF CLEARWATER
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as
of the date first written above.
Countersigned:
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Brian Aungst ~
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By: ~
Michael J. Roberto
City Manager
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Approved as to fonn:
Jlh. Akin
City Attorney
Attest:
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~ynt a . GOUd..at... .~
o 'City Clerk
AKERMAN, SENTERFITT & EIDSON, P.A.,
By: W~ ~~fj&gg
William L. Pence, Esquire
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