Fort Walton Beach Council agenda — 09-14-2010 Special-City Attorney Condidates — reading text

200272005; 2006- 2008 Board Secretary, 2003 -2005 Board of Directors, Green Hill Center for North Carolina Art, 2006 -2008; Exhibitions & Programs Chair, 2007 Volunteer,, Women' s Resource Center, 1999 -2008 Sunday School Teacher, 2005 -2008 North Carolina Bar Association, Poverty Law Committee, YLD, 2005 North Carolina State Bar,.Conducted Ethics Interviews of Bar Candidates, 2005 LAW FIRM Pro Bono Committee Chairman, 2006 -2010; Committee Member 2003- 2005 Co- Chair, Recruiting Research and Strategies Committee, 2006 -2010 Personnel Committee, 2006 -2010 Recruiting Oversight Committee, 2006 -2010 Risk Management Committee, 2008 -2010 United Way Campaign Co- Chair, 2006  Winter E. Spires, Esq. Partner Winter E. Spires, Esq. is a partner at Pleat & Perry, P.A. law firm in Destin and has been with the firm since 2006. Winter graduated from the University of Florida with Honors (2002) and attended law school at the Florida State University College of Law 2005) and was admitted to practice law in 2006. Winter focuses her practice on general civil litigation and real estate. Professional & Community Involvement Destin Area Chamber of Commerce Walton Area Chamber of Commerce American Bar Association Destin Forward Leadership Class (2007 -2008) Okaloosa Walton Bar Association Children' s Issues Committee of The Florida Bar, Family Law Section Emerald Coast Emerging Leaders Phi Alpha Delta Law Fraternity Education: University of Florida ( B. A., 2002) Florida State University College of Law (J. D., 2005) Phi Alpha Delta Law Fraternity Practice Areas: Criminal Law Family Law Collections Foreclosure Litigation and Defense (Mortgagee and Mortgagor) Landlord/ Tenant General Civil Litigation Bar Admissions: Florida ( 2005) U. S. District Court, Northern District of Florida ( 2009) Persona{: Born in Donaldsonville, Georgia, she now resides in Freeport, Florida. Winter is married to Kodi Belford. firm. bio.WES.doc  SAMPLE AGREEMENT -SUBJECT O CHANGES PRODUCED BY SELECTION PROCESS) AGREEMENT THIS AGREEMENT made and entered into this day of , 2010 by and between the City of Fort Walton Beach, a Florida municipal corporation, of 107 Miracle Strip Parkway SW, Fort Walton Beach, Florida 32548, hereinafter referred to as " City" and Pleat & Perry, P. A., Attorneys at Law, with its principal place of business located at 4477 Legendary Drive, Suite 202, Destin, Florida 32541, hereinafter referred to as " Counsel ". WITNESSETH: WHEREAS, City desires to contract with Counsel for the ` oses of providing municipal attorney services to the City; . 6,. {,, WHEREAS, Counsel represents that Counsel is ful unified tolNe such legal services; and „. WHEREAS, Counsel agrees to provide ified ices in acco ` with tenns hereof. in NOW, THEREFORE, cots ' deration of the , tual covenants, promises, and representations herein, the parties hereby, a follows: I. Purpose of Agreement. The rpo Agreem is to set forth the continuing terms and conditions under which Counsel sha rov' 1 gal services to the City relating to the City' s legislative, add ' ' ive, quasi -ju =' and Iiti requirements. 2. perform and conduct services in the following manner: J. Je title of "City Attorney.” M; ( b) n the professional staff of Counsel on behalf of City is authd{' As directed by i' A iey, and the additional attorneys principally expected to provide sii: gervices are Dal le , Elizabeth V. LaFollette and Winter E. Spires; Cou shall perform all necessary and proper local government legal services pursuant td ttlbdirepl of the City Council and City Manager; d) ``' Should Counsel determine that attorney representation in addition to that provided by Counsel would be advisable, City Attorney shall first obtain the authorization of the City Council; Specialists or experts may be needed for unusual or unique legal matters e) which may require an expertise not possessed by Counsel or where a conflict may exist for Counsel, Counsel will not employ or otherwise incur an obligation to pay specialists or experts for services in connection with services herein without prior approval of the City Manager;  SAMPLE AGREEMENT- SUBJECT TO CHANGES RODU!CED Y SELECT, ON PROCESS) f) Counsel will promptly disclose conflicts of interest immediately to the City Council upon identification, with recommendation for resolution. Resolution shall be in the discretion of the City Council or as required by applicable professional standards. 3. Compensation. City agrees to compensate Counsel as follows: a) $ 175. 00 per hour for attorneys; b) $ 75. 00 per hour for legal assistants; c) No fee will be generated by routine co at with the Mayor, City Council members, the City Manager, the City Clerk, and Dep a ds, not exceeding fifteen minutes and unrelated to real estate transactions, litigation a whic ;:. not require research or documents preparation;,* d) Counsel will represent City public f . ance issuancegJoans as Local Counsel at the rate of .3% of the amount of the id throu 2% of any 10, 000,000.0 " .'``: amount over $ 10, 000,000.00, with a minimum fee of $ , 00 ° - the closing of contingent upo ' the financing issue or loan. For issuances requiring valida an additional non -contingent hourly fee will be paid for the validation litiga ' process, include eals, if any, at the hourly rates provided above; and e) Counsel' s general bi ' ig ' e as foll s: no fee will be charged for travel to and from home or office to City I; r b is billable as incurred; travel expenses will be billed b ity Travel ursemen ate; copy and printing charges are billed at the rate of$.354 pag ; distance to hone charges are billed at a flat rate of $3. 00 per call with extended or= : Ily bill alts ( confere es, etc.) as incurred; postage charges are billed as incurred; and facsill nsm ion and receip ages are $ 1. 00 per page. Counsel' s time records are kept in one -ten n e minimum being one -tenth hour. All work assigned to, (yd ' I be' plishe orneys or legal assistants of Counsel under the directio ity Attu oun unicipal clients share time and expense for attendance of one attonl + each the Flort uticip t ey' s Association Annual Conference ( Seminar) and the Local , ument Law Sec Annua eminar. 7w 4. "` nn. City 11 have the option to cancel the contract with thirty ( 30) days from notification, with enalty. ounsel will have the option to cancel the contract with ninety ( 90) days from notificah t penalty. 5. Billin ' Counsel shall provide monthly invoice with fees and expenses. The City Manger shall have statement payment approval authority for City. 6. Other Agreements. This Agreement sets forth the entire Agreement between the parties. No prior or present agreements or representations shall be binding upon City or Counsel unless included in this Agreement. No modification or change to this Agreement shall be binding upon the parties unless in writing and executed by the party for parties to be bound thereby. City of Fort Walton Beach Agreement  SAMPLE AGREEMENT-SUBJECT TO CHANGES PRODUCED BY„HLECTIOD1 PROCESS) 7. Sevembility. Should any part of this Agreement be determine by a court of competent jurisdiction to be contrary to applicable law, the remainder of the Agreement shall remain in full force and effect. 8. Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship ofany of the provisions of this Agreement. 9. Governing Law and Venue. The parties Xintend '' this Agreem ent and the relationship of the parties shall be governed by the laws of the Sida.Venue for any action arising out of this Agreement between the parties shall be excGadsden County, Florida and no where else, ls' e 10. Binding Effects, This Agreement shal upon the i hereto and upon their successors and assigns. IN WITNESS WHEREOF, the parties of this set their h and seals on the say and year first above written. CITY OF FORT WALTON BEACH By: MIKE ANDERS Mayor Attest: HELEN SPENCEI i4 yi PLE .- "! PERRY, P. A r4,;, y3; ATTO YS AT LAW;` 1h V gAwp_docs\ cily (411111 %V41I1lN) h tmilruct.doc: City of Fort Walton Beach Agreement  SECTION VI SUBMISSION SIGNATURE Firm /Individual( s) Pleat & Perry, P. A. J/. Jerome Miller,_Esa. Address: 4477 Legendary Drive, Suite 202 City: Destin