LEGAL SERVICES AGREEMENT (102)LEGAL SERVICES AGREEMENT
THIS AGREEMENT is entered into on February 19, 2026, 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, Appeal
Number 25-14524-D, Nathaniel Brooks v. City of Clearwater, FMCS Case #250925-
09977, and other employment issues that may arise relating to Mr. Brooks.
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 matters: Nathaniel Brooks v. City of
Clearwater and Joseph Roseto, Appeal Number 25-14524-D, Nathaniel Brooks v. City of
Clearwater, FMCS Case #250925-09977, and other employment issues that may arise
relating to Mr. Brooks.
SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel
agree to a rate of $325.00 per hour for attorney services for Gregory Hearing, Sacha
Dyson, and Charles Thomas, $225.00 per hour for attorney services for any other
attorney, and $125.00 for paralegal services. Counsel's compensation for the
professional services herein shall be limited to $100,000.00 unless an authorized
representative from the City approves an increased amount.
SECTION 4. TERM. This Agreement will be effective commencing February 1,
2026 through December 1, 2027, or the end of litigation in the above -referenced cases,
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 30 days advance written notice to the other party.
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 and Sacha Dyson will be the lead attorneys 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.
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IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as
of the date first written above.
Bush Graziano Rice & Hearing, P.A.
Greg•ry Hearing, Esq.
CITY OF CLEARWATER, FLORIDA
Bruce
Mayor
Approved as to form:
Interim City Attorney
Attest:
Rosemarie CaII
City Clerk