Environmental Legal Services
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AGREEMENT FOR ENVIRONMENTAL LEGAL SERVICES
This Agreement for Environmental Services ("Agreement") is made this 10th day of
January, 2005, between Ilene Munk Gaekwad ofIMG & Associates, LLC., (Attorney) and
the City of Salina, (City). In consideration of the mutual promises set forth herein, Attorney
and City agree as follows:
1.
2.
Scope of Services: Attorney will perform certain services upon assignment by
the City and at the direction of the City Manager. The ("Services") for City
may include;
a.
Providing environmental counsel to the City on matters related to the
environmental issues surrounding the former Schilling Air Force Base
Project in Salina, Kansas.
b.
Providing environmental counsel to the City on matters related to
property sale and acquisition.
c.
Providing environmental counsel to the City on matters related to
drinking water and groundwater quality and usage.
d.
Providing environmental legal counsel to the City on matters related to
air quality.
e.
Providing environmental legal counsel to the City on matters related to
the release of hazardous substances or contaminants within the City
limits for which environmental response or remediation may be
required.
f.
Providing environmental legal counsel to the City on other matters as
they may arise relating to the environment, land usage, environmental
exposure or risk minimization matters.
Compensation: City shall compensate Attorney for Services rendered at a rate
equal to the off- retainer rate for legal services provided to the City by Clark,
Mize and Linville, Chartered. City also agrees to reimburse Attorney for all
out of pocket expenses incurred in connection with the performance of
Services.
3.
Invoices and Payment: Attorney will submit invoices for Services once a
month, which City shall pay within thirty days of receipt of the invoice.
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4.
Reliance on data: Attorney will not be responsible for the quality of the data
submitted to her, which she utilizes in the formation of advice to the City if
that data is generated and submitted by the City or some third party. The
quality and completeness of data impacts the advice given to clients,
particularly in the environmental arena.
5.
Confidentiality: Each party shall retain as confidential all information and
data furnished to it by or through the other party in connection with this
Agreement when such information is designated or understood to be
confidential. Each party acknowledges that disclosure of information to the
City Attorney, or anyone acting on his behalf shall not be a violation of the
terms of this Agreement. Sharing of documents and files with the City
Attorney or anyone acting on his behalf shall be deemed appropriate and not a
breech of confidentiality for the City Attorney or the Attorney under this
Agreement.
6.
Conflict of Interest Waiver: The parties specifically agree to waive any
presumed or apparent Conflict of Interest regarding representation of parties
on the former Schilling Air Force Base environmental project. City
acknowledges and agrees that sharing the professional legal services of
Attorney with regard to the Schilling matter is in the best interests of the City
of Salina from an economic and strategic perspective. City has previously
entered into an agreement with regard to the waiver of the potential conflict of
interest, and confidentiality issues as relate to the joint representation of the
City, the Salina Airport Authority, Unified School District Number 305 and
Kansas State University College of Technology and Aviation by Attorney.
Both City and Attorney intend to continue to operate under the provisions of
that waiver. The offices ofIMG & Associates will serve as the primary site
for housing the City's legal files for the Schilling matter, with full access to
those files for city staff and the city attorney.
7.
Term and Termination of Agreement: In addition to all other legal and
equitable rights that may be available, either party may terminate this
Agreement at any time by providing written notice to the other.
8.
Entire Agreement: This Agreement constitutes the entire contract between the
parties with respect to the subject matter hereof.
By:
By:
IMG & ASSOCIATES, LLC
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Ilene Munk Gaekwad
Attes .
Lieu Ann Elsey, City Cler