LEGAL SERVICES AGREEMENT (53),� _. ...
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the�� day o Q�� 2011, by and between the
CITY OF CLEARWATER, P.O. Box �47�F8, Clearwater, Florida 33758�748 (the "City") and the law
firm af WILLIAM J. PEEBLES, P.A., 310 College Avenue, P.O. Box 10930, Tallahassee, Florida
32301 ("Counsel").
WITNESSETH:
WHEREAS, the City wishes to retain Caunsel to serve as Counsel to the Clearwater Gas
System. NQW, THEREFORE, in consid�ration of the promises and mutual covenants herein
contained, the parties hereto do hereby agree as fiollows:
SECTION 1. AU'THORIZATION TO PROCEED AS C�UNSEL. Counsel is hereby
authorized to provide services as described in this Agreement and for the prafessional fees
described in this Agreement.
SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees ta provide its professional
services for the Clearwater Gas System of the City af Clearwater.
SECTION 3. TERM. The term of this Agreement shall be for one year, beginning
October 1, 2011, and expiring on September 30, 2012.
SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and C�unsel agree to a
rate af $150 per hour for William J. P�ebles, and Karen M. Peterson for attomey services.
Professional fees for services shall not exceed $25,0�O.OQ for the term of this Agreement.
SECTION 5. COMPENSABLE EXPENSES. R�imbursement 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 ar
reproducing documents, pastage, caurt costs, p�rking casts and travel incurred by Caunsel in
pertormance 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 emplayees.
SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to protect, defend,
indemnify and hald 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 omissian af Counsel, its employees, agents and subcontractars in connection with or arising
directly or indirectly out of this Agreement and/or the performance hereof. This provision shall
survive the termination of this Agreement.
S�CTION 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 canflict 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 anly by a writing duly entered into by the City and CounsEl.
SECTION 9. CANCELLATION OF AGREEMENT. The City may cancel or terminate this
Agreement upon t�n days advance written notice to Counsel. In the event af cancellation,
Counsel shall immediately cease work hereunder and shall be reimbursed far eligible and
documented reimbursable expenses incurred prior to the date of cancellation. Further, it is
understood and agreed between the City and Counsel that William J. Peebles will be the lead
attorn�y assigned by the firm to provide the services contained herein. The City in its absolute
discretion may immediately terminate this Agreemen# upon written notice to the firm if th� servic�s
of this attorney are unavailable to the City.
IN WITNESS WHEREOF, the City and Counsel have �xecuted this Agreement as of the
date first written abave. -
Approved as to form:
L
Pamela K. kin
City Attorney
CITY OF CL�ARWATER, FLORIDA
�'/1 ��,�dd�����_�, :•
liam B. Horne, II `�
City Manager �S. �1 oFr�C��f
�►.
Attest: � ��i l, $'
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n �_ e�''
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Rosemane Call �
City Clerk ���T��
LIAM J. PEEBLES, P.A.
William J. Peeble
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