LEGAL SERVICES AGREEMENT - WORKERS COMPENSATION CLAIMS
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the 11#aay of ~~, 2003, by and between the
CITY OF CLEARWATER, FLORIDA (the "City") and the law firm of Fowler White Boggs Banker
("Counsel").
WIT N E SSE T H:
WHEREAS, the City wishes to retain a firm to serve as Counsel in connection with matters
pertaining to workers' compensation claims filed against the City of Clearwater.
NOW, THEREFORE, 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 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 in connection with workers' compensation claims as assigned by the City of Clearwater.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a
rate of $125.00 per hour for attorney services for shareholder level attorneys, $110.00 per hour for
attorney services for associate attorneys, and $65.00 for paralegal services. Said rates are
subject to increase within the term of this agreement by mutual agreement between counsel and
Risk Management, and it is agreed between the parties that a rate increase need not require
execution of a new agreement. It is agreed that the hourly rate will be paid during attorneys'
travel time when travel is required during representation of the city under this agreement.
Ordinary local travel to and from Counsel's office is not included in travel time to be reimbursed.
SECTION 4. TERM. This Agreement will be effective from December 1, 2003 to
December 31, 2005.
SECTION 5. 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 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 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.
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
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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
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 9. 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 fees and expenses incurred prior to the date of cancellation.
Further, it is understood and agreed between the City and Counsel that Mark E. Hungate,
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 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
costs and that jurisdiction for such an action shall be in a court of competent jurisdiction in Pinellas
County, Florida.
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the
date first written above.
By:
~RWATER' FLORIDA
· ..~ -=B. ~~ -xx.
IlIiam B. Horne II
City Manager
Approved as to form:
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Pamela K. Akin
City Attorney
Attest:
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Cy . a E. Geg.d~au
City lerk .
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Fowler White Boggs Banker
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