AMENDMENT TO LEGAL SERVICES AGREEMENTAMENDMENT TO LEGAL SERVICES AGREEMENT
THIS AMENDMENT is made on the ►fr`cday of February 2023, by and between
the CITY OF CLEARWATER, FLORIDA (the "City") and the law firm of GrayRobinson, P.A.
("Counsel").
WHEREAS, in April 2022, the City retained Counsel in connection with matters
pertaining to Nathaniel Brooks v. City of Clearwater and Joseph Roseto, Case No. 8:21-cv-
02967-SDM-TGW and other employment matters ("Agreement"); and
WHEREAS, due to the ongoing litigation, it is necessary to increase the initial budget
for this matter and provide for the following caps as set forth more fully below.
NOW, THEREFORE, in consideration of the promises and mutual covenants herein
contained, the parties agree as follows:
1. The foregoing recitals are true and accurate and are incorporated by reference.
2. Section 2 is hereby amended as follows:
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its
professional services in connection with the following matter: Nathaniel Brooks v. City of
Clearwater and Joseph Roseto, Case No. 8:21-cv-02967-SDM-TGW. Because Mr. Brooks
presently remains employed by the City, this Agreement shall not cover any employment
issues relating to Mr. Brooks that arise subsequent to this Agreement, unless and until those
issues formally become part of the matter. and other employment icues as they arise.
3. Section 3 is hereby amended as follows:
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel
agree to a rate of $250.00 per hour for attorney services for Gregory Hearing or other
shareholder, $185.00 per hour for attorney services for associate attorneys, and $95.00 per
hour for paralegal services. The total amount paid under this agreement shall not exceed
the following caps without prior approval from the City Council: $100,000.00 through the
filing of a motion for summary judgment (including fees paid to date), and $75,000.00 from
a ruling on the motion for summary judgment through trial, if the motion is denied in whole
or in part. Notwithstanding the foregoing, these caps shall not include amounts arising from
an interlocutory appeal relating to the qualified immunity of Mr. Roseto. ,
4. All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of
the date first written above.
GrayRobinson, P.A.
CITY OF CLEARWATER, FLORIDA
-Frank V. Hibbard
Mayor
Approved as to form:
d2/I/ 74a
David Margolis
City Attorney
[LT22-9901-548/286199/1]
2
Jennifer `owner
Interim City Manager
Attest:
1Z u
Rosemarie CaII
City Clerk