LEGAL SERVICES AGREEMENT (76)LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made on the / day of DG7c a. 2017, by and between
the CITY OF CLEARWATER, P.O. Box 4748, Clearwater, Florida 33758-4748 (the "City") and the
law firm of MCCARTER ENGLISH, Twelfth Floor, 1015 15th Street, N.W., Washington, D.C. 20005
("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 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 professional 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 five years, beginning
October 1, 2017 and expiring September 30, 2022.
SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to
legal fees in accordance with the attached schedule. These fees will continue for the term of this
Agreement unless Counsel gives the City thirty (30) days written notice of an increase in fees, in
which case such increased fees will be substituted for the above -designated fees unless the City
terminates as provided for herein. Professional fees for services shall not exceed $125,000.00 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 exceed that which is available to City of Clearwater employees.
SECTION 6. INSURANCE. Counsel shall procure and maintain during the life of this
Agreement Professional Liability Insurance providing coverage for errors and omissions with a
combined single limit in excess of $10,000,000.
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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 legal conflict 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 only 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 ten days advance written notice to Counsel. 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 John Gregg or in his absence, Jeffrey Janicke, 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 these attorneys are unavailable to the City. Counsel reserves its right to terminate its
representation of the City, subject to the limitations set forth in the Rules of Professional Conduct of
the District of Columbia Bar.
IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the
date first written above.
Approved as to form:
Pamela K. Akin
City Attorney
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CITY OF CLEARWATER, FLORIDA
1DLCA-w -
William B. Horne 1I
City Manager
Attest:
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Rosemarie Call
City Clerk
McCarte
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John P. Gr
Partner
2
ATTACHMENT 1
Timekeepers and Hourly Billing Rates
Name
Title
Hourly
Rate
John P. Gregg
Principal
$495
Jeffrey K. Janicke
Associate
$365
Kevin Conoscenti
Associate
$365
Daniel Flint
Associate
$325
Amanda Dumville
Associate
$335
Nathan Howe
Associate
$285
Law Clerk
$175
Joanna Hurt
Paralegal
$125
Deborah McCraw
Legal Assistant
$110
Olivia Nono
Legal Assistant
$110
EXPENSES:
Mileage: (not to exceed federal rate)
Travel: (actual out of pocket)
Copying: 15 cents per page
FERC Filings: $25 per filing
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