LEGAL SERVICES AGREEMENT (106)LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the � ‘..—day
day of July, 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 a_ s Counsel for general
labor and employment matters.
NOW, THEREFORE, in consideration of the promises and mutual covenants
herein contained, the parties 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 general_labor and employment matters.
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 per hour for paralegal services. Counsel's compensation for
the professional services herein shall be limited to $5,000.00 unless an authorized
representative from the City approves an increased amount.
SECTION 4. TERM. This Agreement will be effective commencing July 1, 2026
through December 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, and 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 bein 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.
H. Hamilton Rice III,
CI
LEARWATER, FLORIDA
Owen Kohler
Interim City Attorney
Rosemarie Call
City Clerk