LEGAL SERVICES AGREEMENT (91)LEGAL SERVICES AGREEMENT
THIS AGREEMENT is entered into on the ,7)1 day of February 2024, by and
between the CITY OF CLEARWATER, FLORIDA (the "City") and the law firm of Bush
Graziano Rice & Hearing, P.A. ("Counsel").
WHEREAS, the City wishes to retain a firm to serve as 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 issues as they arise.
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 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 related to Mr. Brooks that arise subsequent to this Agreement, unless and until those
issues are formally become part of this matter.
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 Sacha
Dyson, $200.00 per hour for attorney services for any other attorney, and $95.00 for
paralegal services. The total amount paid under this Agreement shall not exceed
$115,000.00 for services through trial (five-day jury) and post -trial motions.
SECTION 4. TERM. This Agreement will be effective commencing December 1,
2023 through September 30, 2025 or the end of litigation in the above -referenced case,
whichever is later.
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 Counsel or 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 expenses incurred prior to the date of
cancellation. Further, it is understood and agreed between the City and Counsel that
Gregory Hearing, 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 WITNESS WHEREOF, the City and Counsel have executed this Agreement as of
the date first written above.
Bush Graziano Rice & Hearing, P.A.
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Gregory Hearing,
[LT22-9901-598/286199/1]
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CITY OF CLEARWATER, FLORIDA
Brian Aungst, Sr.
Mayor
Approved as to form:
David Margolis
City Attorney
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[LT22-9901-598/286199/1]
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n - r '�• wrier
City Manager
Attest:
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Rosemarie Call
City Clerk