LEGAL SERVICES AGREEMENT - WORKERS COMPENSATION CLAIMS (5)
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LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the ~ day of ~~ ,2005, by and
between the CITY OF CLEARWATER, FLORIDA (the "City") and The Law Office 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 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
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
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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.
Countersigned:
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R:t:atik V. Hibbard
Mayor
CITY OF CLEARWATER, FLORIDA
By: ~c.a
William B. Horne II
City Manager
A7I1~ed as to fonn:
Pamela K. Akin
City Attorney
Attest:
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Cy ia E. Goudeau
City Clerk
The Law Office of Tim Jesaitis, P.A.
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