PAUL GILFOYLE CASE LEGAL SERVICES AGREEMENT
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LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the ~ day of i~ ,1996, by and
between the CITY OF CLEARWATER, FLORIDA (the "City") an the law firm of BAVOL,
BUSH & SISCO, P.A., Tampa, Florida ("Counsel").
WIT N E SSE T H:
WHEREAS, the City wishes to retain a firm to serve as Counsel to the City in
defense of the following lawsuit: Anne-Marie Ceroke Lindsey. as guardian of Paul W.
Gilfoyle v. City of Clearwater, Circuit Civil No. 95-1129-CI-19.
NOW, THEREFORE, in consideration of the premises and mutual covenants
herein contained, the parties hereto do hereby agree as follows:
SECTION 1. AUTHORfZA TION 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 and facilities in defense of the City in the litigation of Anne-Marie
Cheroke Lindsey. as guardian of Paul W. Gilfoyle v. City of Clearwater, Circuit Civil No.
95-1129-CI-19.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel
agree to a rate for attorney services of $150 per hour for the partners, Charles Bavol and
Ronald Bush, $100 per hour for the associates, and $65 per hour for paralegal services.
SECTION 4. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the City to the firm for reasonable out-of-pocket expenses 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. BILLING. Billing statements should be submitted monthly. Billing
statements should be task based and include a description of the work performed by
each attorney and paralegal, the amount of time expended and the hourly rate.
SECTION 5. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect,
defend, indemnify and hold the City and its officers, employees and agents free and
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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 in excess of $1,000,000. This provision shall survive the termination of this
Agreement.
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. COMPLIANCE WITH RECYCLED PAPER ORDINANCE. Per
Ordinance 5059-90, the City and Counsel agree to the following:
A. All reports submitted to the City shall use recycled paper when it is available at
a reasonable price and of satisfactory quality to meet contractual performance standards.
For the purposes of this paragraph, the price of recycled paper shall be considered
"reasonable" if its cost is no more than ten percent higher than the lowest price offered for
non-recycled paper.
B. All reports submitted to the City shall use both sides of paper sheets whenever
practical.
C. Counsel shall be responsible for maintaining records documenting usage of
recycled paper for reports submitted to the City in fulfillment of contractual obligations.
Counsel shall submit such records to the City according to procedures to be established
by the Purchasing Manager.
SECTION 9. TERM. This Agreement will be effective for one year from the date
of execution.
SECTION 1 O. 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
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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
Charles Bavol and Ronald Bush will be the lead attorneys 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 these attorneys
are unavailable to the City.
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as
of the date first written above.
Countersigned:
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Rita Garvey
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By: ~ /ij &;-6/
E Iiza be . Dep~
City Manager
Approved as to form and
legal sufficiency:
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Attest:
City Attorney
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~ia E. Goudeay,. ~_ :..
City Clerk '-:---'
WITNESSES:
BAVOL, BUSH & SISCO, P.A.
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