LEGAL SERVICES AGREEMENT - WORKERS COMPENSATION CLAIMS (3)
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the 3(f- day of (\0l1J.hA'ou- , 2005, 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 $75.00 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 January 1, 2006 to
December 31, 2008.
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
":
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 I\groement-upon-tenaays advance 'Nritten 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-wtTNESS WHEREOF, meCit~rahd Counserhave-execUfed this-A~;freemei1ras-
of the date first written above.
Countersigned:
CITY OF CLEARWATER, FLORIDA
~~ ;(.~
~k V. Hibbard
Mayor
By:
-:ij?
William B. Horne II
City Manager
Approved as to form:
Jl.
Pamela K. Akin
_Cj1y~Attorney_________.
Attest:
Fowler White Boggs Banker
By:
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