LEGAL SERVICES AGREEMENT (52)LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on thev`ld day vf .emb�e.Y, 2011, by and between the CITY
O�' CLEARWATER, P.O. Box 4748, Clearwater, Florida 3758-4748 (the "Gity") and the law firm of
GERALD A. F'IGURSKI, P.A., 2550 Permit Place, New Port Richey, Florida 34655 ("Counsel").
WITNESSETH:
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. Caunsel is hereby autharized
to nrovide setvices as des�ribed -in this Agreemer�t and for the pr�fessional fiees described in this
Agreement.
SECTION 2. SCOP� 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,
2011 and expiring September 30, 2a12.
SECTION 4. PROFESSIONAL FEES FOR SERVIC�S. The City and Counse� agree to a rate
af $175 per hour for Gerald A. Figurski, for attorney servic�s. Professional fees for services shall not
exceed $25,0OO.OQ far the term af 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 lang 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 auta travel expenses shall not exceed that
which is available to City of Clearwater employees.
SECTION 6. INDEMNI�ICATIDN AND INSURANCE. Counsel agrees to protect, defend,
indemnify and hold the City and its ofFcers, employees and agents free and harmless fram and
against �ny and all losses, penalties, d�mages, settlemer4s, cost�, charges, professianai �ees or ott�er
�xp�nses or liabilities af every kind and character arising out of or due to any negligent act ar omission
of Counsel, its employees, agents and subcontractars in connection with or arising directly or indirectly
out of this Agreement and/or the pertormance hereof. Without limiting its liability under this
Agreement, Counsel shall procure and maintain dunng the life of this AgreemEnt professional liability
insurance in an amount of $1,00O,OOp. This provisian shall survive the terminatian af this Agreement.
SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Counsel that
Counsel is not aware of any clients of th� firm that currently present any conflict between the interests
of the City as to the Clearwater Gas System and ather clients af Counsel. If any potential conflict of
interest arises during the time Counsel is representing the City as to the Clearwater Gas System,
Counsel will promptly inform the City. The City is under no obligation to agree to permit such conflict
representatian.
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 upan 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 ta the date of cancellatian. Further, it is understood
and agre�d between the City and Counsel that Gerald A. Figurski 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 natice ta 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
Approved as to form:
CITY OF CLEARWATER, FLORIDA
� o /� r •
liam B. Horne, II
City Manager �.
Attest:
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Pamela . Akin Rosemarie Call
City Attorney City Clerk
GERALD A. FIG SKI, P.A.
Gera . igurs � Esquire
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