LEGAL SERVICES AGREEMENT - WORKERS COMPENSATION CLAIMS (2)
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LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the ~y of /}1AU'/h"~!//}' 2003, by and between
the CITY OF CLEARWATER, FLORIDA (the "City") and ~ce of Tim Jesaitis, P.A.
("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 and $75.00 for paralegal services. 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
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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
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 expenses incurred prior to the date of cancellation.
SECTION, 1 O. 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.
counte;~ .~
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Mayor-Commissioner
By:
CITY OF CLEARWATER, FLORIDA
~--..'7.l. ~~
illiam B. Horne II
City Manager
Approved as to form:
~~Akin
City Attorney
Attest:
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The Law Office of Tim Jesaitis, P.A.
By: ~
Tim J{s~ ..
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