LEGAL SERVICES REGARDING CLEARWATER GAS SYSTEM
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LEGAL SERVICES AGREEMENT
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THIS AGREEMENT is made on the ~ day of ~2002, by and between the
CITY OF CLEARWATER, P.O. Box 4748, Clearwater, Florid 33758-4748 (the "City") and the law
firm of FIGURSKI & HARRILL, A FLORIDA GENERAL PARTNERSHIP, The Holiday Tower, Suite
350,2435 U.S. Highway 19, Holiday, Florida 34691 ("Counsel").
WIT N E SSE T H:
WHEREAS, the City wishes to retain Counsel to serve as Counsel to the Clearwater Gas
System. 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 professioral fees described
in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its professional
services for the Clearwater Gas System of the City of Clearwater.
SECTION 3. TERM. The term of this Agreement shall be for one year, beginning October 1,
2002 and expiring September 30, 2003.
SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a
rate of $175 per hour for Gerald A. Figurski, for attorney services. Professional fees for services shall
not exceed $25,000.00 for the term of this Agreement.
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 e<ceed 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, its employees, agents and subcontractors in conne;tion 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 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 conflia between the interests
of the City as to the Clearwater Gas System and other clients of Counsel. If any potential conflict of
interest arises during the time Counsel is representing the City as to the Clearwater Gas System,
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Counsel will promptly inform the City. The City is under no obligation to agree to permit such 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 I1llY 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 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 Gerald A. Rgurski 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.
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the date
first written above.
CI~WATER' FLORIDA
By. t12~A~t:1C
William B. Horne, II
City Manager
Approved as to form:
Attest:
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Pamela K. Akin
City Attorney
~aMk7:(!h~~
..f)w;, Cynt a E. Goudeau =-1'
o City Clerk
FIGURSKI & HARRILL, A Florida
General Partnership
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