LEGAL SERVICES AGREEMENT (59)LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the �S day of � -e.�h �.r.�� 2012, by and befinreen the CITY
OF CLEARWATER, P.O. Box 4748, Clearwater, Florida 3758-4748 (the °City") and the law finn of
GERALD A. FIGURSKI, P.A:, 2550 Permit Place, New Port Richey, Floricfa 34655 ("Counsel").
WITNESSETH:
WHEREAS, the City wishes to retain Counsel to serve as Counsel to the Clearvvater Gas
System. NOW, THEREFORE, in consideration of the promises and mutual covenants herein
contair�d, the parties hereto do hereby agree as follovvs:
SECTION 1
to provide services
AgreemeM.
AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is hereby authorized
as described in this Agreemerrt and for the professionaf fees described in this
SEGTtON 2. SCOPE OF SERVICES. Counsel hefeby agrees to provide rts professional
servioes for fhe Clearwater Gas System of the City of Clearvvater.
SECTION 3. TERM. The te�m of this Agreemerrt shatl be for iwo years, beginning October 1,
2012 and expiring September 30, 2014.
SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a rate
of $175 per hour for Gerald A. Figurski, for attomey services. Professional fees for services shall not
exceed $5Q,400.OQ for the term of th�s Agreement.
SECTION 5. COMPENSABLE EXPENSES. Reimbursemerrt of expenses shall be made by
t�e City to the fiRn for reasonable out-of-pocicet expenses as de#ermined by the Cit�r Attomey without
markup, induding but not limited to iong distance caNs and facsimiles, c�ying or repr'oduang
documerrts, postage, court costs, parking costs and travel irx:urred by Counsel in performanc;e of the
duties hereunder. Travel and per d�m costs as v�ee(I as auta travel expenses shall not exceed that
which � avai{able to City of Clearwater employees.
SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel agrees to �otect, defend,
indemnify and h�d the Ciiy and its officers, employe� and agerrts fr� arid harmless from and
against any and all k�sses, penaibes, damages, setUements, costs, charges, professional fees or other
expenses or liabilities of every kind and d�arader arising out of or due to any negligent act or omission
of Counsel, it�s employees, agents and subc;orttractors in connec�on with or arising directly or irulir�ecNy
out of thi� Agreemerrt and/or tlie performance hereaf. Without timiting its Gability undet this
Agreement, Counsel shall procur�e and mairitain during the tife of th� Agreemerrt professa�nal liability
insurance in an amour�t of $1,000,000. This provision shall survive the terminaticm of this Agre,ement.
SECTION 7. CONFLICT OF INTEREST. It is understood by the City and Counsel that
Counsel is not a�ra� of any dierits of the firm that currentiy present any cor�fiid beiween the in#erests
of the City as to the CleannrateE Gag System and other dients of Counsel. If any potential canflict of
irrterest arises during the time Counsel is represerrtin9 'the CitY as to the Clean�+ater Gas System,
Counsei will promptlyy ir�farm the City. The Cityr is under rw obt�ation to �ree to permit such coriflict
re�neser�tation.
SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreemerrt shall be govemed 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 the other party. In the event of
cancet�ation, Counsel shall immediately cease work hereunder and shali be reimbursed for eligibte and
documented reimbursable expenses incurred prior to the date of cancellation. Further, it is understood
and agreed between the City and Counsel that Gera� A. Figurski wiil be the lead attomey assigned by
the firm to provide the services cor�tained herein. The City in its absolute discxetion may immediately
terminate this Agreement upon written notice to the firm if the services of this attomey are unavailable
to the City.
IN WtTNESS WHEREOF, the City and Counsel have executed this Agreement as of the date
first v+rritten above.
APproved as to form:
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Pame�a K. n
City Attomey
CITY OF CLEARWATER, FLORIDA
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William B. Home, il
City Manager
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Rosemarie Call '�
City Clerk �� e �,�
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GERALD FIGURSKI, P.A.
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F'�gurski, Esquire
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