LEGAL SERVICES AGREEMENT (87)LEGAL SERVICES�AGREEMENT
THIS AGREEMENT is made on the /-X dayof E
� , 2022 by and between
the CITY OF CLEARWATER PENSION TRUSTEES (hereafter 'TRUSTEES') and the law firm of
BANKER, LOPEZ, GASSLER P.A., 360 Central Avenue — Suite 700, St. Petersburg, FL 33701.
WITNESSETH:
WHEREAS, the TRUSTEES wish to retain a law firm to serve as Counsel in connection with
matters pertaining to pension claims filed pursuant to the City of Clearwater Employees' Pension Plan.
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 defense of pension claims as assigned by the Pension Advisory Committee. Counsel
will consult with the City's Human Resources director regarding the strategy and defense of pension claims.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The TRUSTEES and Counsel agree to
a rate of $165.00 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 $95.00 for
paralegal services. The TRUSTEES and Counsel agree these rates automatically increase to $180.00 per
hour for legal services performed by Mark E. Hungate, Esq., or for other shareholder level attorneys within
the firm, $130.00 per hour for legal services by associate attorneys and $105.00 for paralegal services
effective January 1, 2023. Otherwise, rates are subject to increase within the term of this agreement by
mutual written agreement between Counsel and the TRUSTEES 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 TRUSTEES under this
agreement.
SECTION 4. TERM. This Agreement will be effective from June 1, 2022 to May 31, 2026.
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 Counsel or
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 TRUSTEES and Counsel that
Counsel is not aware of any clients of the firm that currently present any conflict between the interests of
the TRUSTEES and other clients of Counsel. If any potential conflict of interest arises during the time
Counsel is representing the TRUSTEES, Counsel will promptly inform the City Attorney. The TRUSTEES
are 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 TRUSTEES and Counsel.
SECTION 9. CANCELLATION OF AGREEMENT. The TRUSTEES or Counsel may cancel or
terminate this Agreement upon ten (10) days advance written notice. 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 TRUSTEES and Counsel that Mark E. Hungate, Esquire, will be the lead attorney assigned by the firm
to provide the services contained herein. The TRUSTEES in their absolute discretion may immediately
terminate this Agreement upon written notice to the firm if the services of this attorney are unavailable to
the TRUSTEES.
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, an authorized representative of the City of Clearwater Pension
Trustees and outside Counsel have all executed this Agreement as of the date first written above.
Apprgved as to form:
David Margolis
City Attorney
BOARD OF TRUSTEES OF THE EMPLOYEES' PENSION
PLAN OF THE CITY OF CLEARWATER, FLORIDA
By:
f¢ Fi '1- ibbard
Chairperson
Attest:
Rosemarie Call
City Clerk
BANKER L PEZ G SL. R '.A.
By:
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Mark E. Hungate, Esq. �o