LEGAL SERVICES AGREEMENT (70)LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the 7 `h day of 49,2 CJAt M.. L. , 2015, by and between
the CITY OF CLEARWATER, FLORIDA (the "City ") and the law firm of BANKER, LOPEZ,
GASSLER P.A. ( "Counsel "), 501 First Avenue North, Suite 900, St. Petersburg, FL 33701. Counsel's
new address effective December 7, 2015, will be 360 Central Avenue — Suite 700, St. Petersburg, FL
33701.
WITNESSETH:
WHEREAS, the City wishes to retain a law 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 $140.00 per hour for legal services performed by Mark E. Hungate, Esq., or for other shareholder level
attorneys within the firm, $110.00 per hour for legal services by associate attorneys, and $75.00 for
paralegal services. The City and Counsel agree these rates automatically increase to $150.00 per hour for
legal services performed by Mark E. Hungate, Esq., or for other shareholder level attorneys within the
firm, $120.00 per hour for legal services by associate attorneys and $85.00 for paralegal services effective
January 1, 2019. Otherwise, rates are subject to increase within the term of this agreement by mutual
written 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.
SECTION 4. TERM. This Agreement will be effective from January 1, 2016 to December 31,
2020.
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,
indemnity 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
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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 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. ATTORNEY'S 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
attorney's fees 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:
- � et9 rk t n C. (\t ICO
George N. Cretekos,
Mayor
Pamela K. Akin, Esq.
City Attorney
CITY OF CLEARWATER, FLORIDA
By:
to
ML,c;at'
William B. Horne, II
City Manager
Attest:
24/—
Rosemarie Call
City Clerk
BANKER LOPEZ GASSL P.A.
By:
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Mark E. Hungate, Esq. ///lo 01-0/S-