PENSION PLAN
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LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the L day of ()('/e;~ , 1999, by and
between the BOARD OF TRUSTEES OF THE EMPLOYEES' PENSION PLAN OF THE
CITY OF CLEARWATER, FLORIDA (the "Board") and the law firm of THOMPSON,
SIZEMORE & GONZALEZ ("Counsel").
WIT N E SSE T H:
WHEREAS, the Board wishes to retain a firm to serve as Counsel in the following
matter: David E. Krieger v. City of Clearwater, et aI., Circuit Civil Case No. 99-4820-CI-21.
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:
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The Board and Counsel
agree to a rate of$150.00 per hour for attorney services for Mark A. Hanley, Esquire.
SECTION 4. TERM. This Agreement will be effective commencing immediately.
SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall
be made by the Board 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 Board 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
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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 Board and
Counsel that Counsel is not aware of any clients of the firm that currently present any
conflict between the interests of the Board and other clients of Counsel. If any potential
conflict of interest arises during the time Counsel is representing the Board, Counsel will
promptly inform the Board. The Board 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 Board and
Counsel.
SECTION 9. COURT REPORTER SERVICES. The Board has a contract with D
& D Reporting Services for all court reporter services, including the use of court reporter
services by the Board's outside counsel. Counsel agrees to use D & D Reporting
Services whenever possible.
SECTION 1 O. CANCELLATION OF AGREEMENT. The Board 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 Board and Counsel that
Mark A. Hanley, Esquire, will be the lead attorney assigned by the firm to provide the
services contained herein. The Board 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 Board.
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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IN WITNESS WHEREOF, the Board and Counsel have executed this Agreement
as of the date first written above.
BOARD OF TRUSTEES
OF THE EMPLOYEES' PENSION PLAN
OF THE CITY OF CLEARWATER, FLORIDA
By:
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Brian J. Aungs
Chairperson
Approved as to form:
Attest:
Jt-
Pamela K. Akin
City Attorney
J~Z,
.a E. Goudeau
lerk
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ONZALEZ, P.A.
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