11:35 38524?6?58 CITY OF l-R 621? 67' THIS AGREEMENT is made and entered into this 1" day of April 2003. by and Whela :11: City of Homestead, a Florida municipal corporation and Kuvin 8: LLC ("Kuvin Siettin?), whose attorneys are members of the Florida Bar. THE PARTIES HERETO DO COVENANT AND AGREE. AS FOLLOWS: PURPOSE The purpose of This Agreement is to provide for the CITY 10 retain the legal services of Kuirin E: Stettin. LLC for all the litigation ragl?remunta as described in paragraph II herein below- IL LEGAL SEREIQE A. Kuvin Stmin shall provide all necessary trial and appellatc litigation serviccs to the CITY, for all assigned claims and cases; subject to the direction of the CITY, including dcfense of elaims and litigation made agaimt thv: CITY, and the of claims or litigation brought by the CITY, including but not limited to personal injun,r and property damage Iitigatiun The defense of liability claims shall also include any pre?litigation assistance requested by CITY for the Risk Management program- Th: parties agree that Kuvin 8c Stenin shall also handle suhmgation cases in which the CITY seeks to recover from thizl'rgties renamed by legal funds paid by 1b: CITY. The parties agree that 3r. Stet-5n shall ?150 handle all workers compensation procaedings through the trial level. I D??noii IBX1532263 11:35 3852475758 CITY OF HR PAGE @326? D. The parties agree that Kuvin at'Steuin will aka ntcpare biannual Status reports for City Cowgi- and the City?s auditors as part of this contract, and will coordinate the timing with the City Attorney. E. The parties further agree that any appellate work. shall be in adt?tion to the compensation act forth herein but only with the express direction by the City Manager. F- The parties anticipate in good faith that Kuvin 3t Stettin will be performing The same type of legal services that have been provided in the past. G. Risk Manager, Karen Muir, is designated liaison hereunder and Ku?n a: Stenin shall coordinate all of its services and contact with CITY through her- Farmer, Itan a: 5min shall kecp her apii?sed of all proceedings including pretrial win-less interviews. meditations, arbitrations, pretrial conferences and trials; Claims or case files. for which it is not necessary for Knvin a; Stacie to actively attend to, stun be closed by Knvin Stettin. so as to avoid any unnecessary expense to CIT Y. H. Kuvin 6t Stattin shall not represem the City on those police liability cases for which legal representatiOn is provided under the terms of the Florida Police Chiefs' Self Insurance Fund coverage agreement except as directed by the Homestead City Manager. 1- meetings are anticipated to be held at? at City Hal] with the Risk Manager to review ail open cases for which they are pmviding defense work on the City?s behalf. oj?aosi 11:35 38524175758 CITY OF HR PNSE 34.16? QQMPENSAIION A. CITY shall pay Steam 11m of for legal services for Workers (Summation eaters.00 for legal services on liability cases. The mtal compensation shall be $14,790.00 except as pIOVided herein. A uric-time payment of $750.00 shall be paid on 6f1f03 to Kuvin and LLC in ?rm of an annual increase far this contract pctiod. The $750.00 payment is comparable to the bonus received by city employees this year in lieu of pay increascs. limit: is: Swain shall min additional compensation at ?an rats of $125.00 per billable hour on such oll'ler mum that require extraordinary time. but only with the prior approval of the Homestead City Manager. Examples include pron-acted trials and complex legal matters. At the time of execution of this contract, the when anticipate the following legal matters may fall into: tl?r. EW- 13. City shall pay Elwin 3c Swain no later than the ?fteenth day of each month for the legal services provided in the immediately preceding month. For paymcm on or hcforc May 15. 2003 will b: for services provided during month of April 2003. Further, any authorized additional compensation shall be invoiced by the 15?? day of the month foIlowing the month in which the sci-vices arr: provided, and shall he paid by the City within ten work-hag days of receipt of the invoice. 3 Tana/2663 11:35 3852476758 CITY OF HR PAGE 35:6? C- the duratiOn of this agreement, the parties agree to discuss the total compensation after six months by reviewing the number of hours devoted to legal sordoes provided to the CITY. IV- EFFECTIVE DA T10 This Agreement shall be effective retroaCtive to April 1? 2003 and shall be for the term of one year. This Agreement shall be suhjaCt to another renewal for an additional one (1) year term at the Option of the CITY. and for such additional terms thereafter as the parties mutua?y agree. In the event CITY elects to exercise its option for a renewal term, CITY shall do so by notifying Kuvin. Steam of such renewal prior to the expiration of the initial term hereof. The City will-determine at its discretion whether increases in compensation are in order for the renewal term based on prior your performance. V. TION The City Council, at its disaretitm, may tor-in?rm; .iris Agreement at any time upon thirty (30) days notice, if not satis?ed with the services provided hereunder. Emir: 8r Sterdn shall not have a similar right of termination and recognizes that the lack of mutuality of this termination provision does not impair the validity of such provirion; and that this provision is supported by other valuable consideration and by other covenants intovidod by this and to that extent recognizes that the covenants hereof are dependent and not sever-able. mm?nx Kuvin 6: Stattin shall not be prohibited from representing other persons and emities basides CITY, so long as Kuvin Stet?n shall avoid any representation, which may [and to create a con?ict of interest, as determined by the City Attorney. Further, Kuvin Srettin 4 B?Hno5g 11:35 3952:376753 CITY IJF HOMESTEAD HR PAGE shall not take on any client or matter, which would jeopardize Kuvin Stettin?s ability to devote the time, resources and effort necessary to ful?ll its obligations to CITY hereunder. It is estimated that Kuvin t5: Swain will be required to devote a minimum of 1400 hours per year for work hereunder. VII- Kuvin 6: Steak: shall can)? lawyer?s professional malpractice insurance. it shall be in a form satisfactory to the CITY ?3 Risk Manageri and shall provide coverage of not less than $500,000. A current certi?cate of insurance shall be kept 011 ?le by Kuvin a: Stetiin with the CITY ?5 Risk Manager. WII- A. The City shall provide Ktm'n Stettin LLC- Trust Account with an initial sum 0f 52,500.00 to cover miscellaneous expenses for 1011 cases such as court ?ling fees and court reporters fees, mdiations bills, expert witness fees: costs of medical examinations and other such miscellaneous expert. This amount will be replenished by the when the balance held by Kuvin a: Stem]: falls below ssobno. A statement shall be sent to the Homestead's Risk Manger showing all we charges drawn agains: the amount and the balance on hand- The Risk Manager must approve all payments in advance. B. Kuvin Stem shall maintain records of the time devoted to the Work performed for the City and shall submit statements to the CITY. C, With exception of costs placed in Kuvin 8t Stenin, ELLC Account, Kwin Stettin shat} be reimbursed by CITY for necessary legal cams, including court costs, 5 93H9053 1831532663 11:35 3652476?58 CITY OF FDMESTEAD I-R PAGE 8736? witness fees, service of process fees. ether investigatioe fees and specialized legal research fees (approved in advance by the Risk Manager) bout-t reporter fees. long distanee telephone charges, coming fees, federal express and postage, unless paid in advance by the CITY, subject to and in aecardanee with the procedures of the CITY. Coats shall be billed as a separate cempomnt of the pertinent montluy invoice. IX. NOT 55 LE This Agreement shall not be subject to assignment by either party hereto- IN WHNZESS WHEREOF the undersigned parties have executed this Agreement 011 the date indicated above. WHNESSED: E: LLC BY: Print Name: Eric L- Ste?in. Esq. [Managing Member} CITY OF HOMESTEAD APPROVED AS TO LEGAL FORM . r_ AND SUFFICIENCY. YWA City Attorney for 1:?le - lav-in mute 5 ?j?nesi