Fort Walton Beach Council agenda — 08-16-2010 Special-Resignation and Replace City Attorney — reading text

EC HS CP14400 002 981 8502436806 04: 07: 16 p. m. 08- 13- 2010 00 :00: 16 1/1/ 11 11 EC HSHS CP28800CP28800 003 981981 618509947191618509947191 04: 07: 16 p. m. 08 - 13 - 2010 00: 00: 28 111 1 EC HS CP14400 004 981 8502443068 04: 07: 16 p. m. 08 - 13 - 2010 00: 00: 35 1/ 1 1 EC HS CP14400 005 981 8502431471 04: 07: 16 p. m. 08- 13- 2010 00: 00: 16 1/ 1 1 EC HS CP31200 006 981 96545982 04: 07: 16 p. m. 08 - 13 - 2010 00: 00: 19 1/ 1 1 EC HS CP28800 007 981 8508623001 04: 07: 16 p.m. 08 - 13 - 2010 00: 00: 34 111 1 EC HS CP14400  CBroadcast Report Date /Time 08 - 13 - 2010 04: 23: 08 p.m. Transmit Header Text Local ID 1 8508339640 Local Name 1 City Hall No. Job Remote Station Start Time Duration I Pages Line Mode Job Type I Results 008 981 8508621708 04: 07: 16 p. m. 08 - 13 - 2010 00: 00: 35 1/ 1 1 EC HS CP14400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print CP: Completed TS: Terminated by system HR: Host receive PR: Polled remote RP: Report FA: Fail G3: Group 3 WS: Waiting send MS: Mailbox save FF: Fax Forward TU: Terminated by user EC: Error Correct  CITY COUNCIL SPECIAL MEETING August 16, 2010 Special Meeting Agenda Accept Short Notice of Resignation of City Attorney Synopsis: City Attorney has submitted her resignation effective September 30, 2010. City Attorney' s contract requires that ninety ( 90) days notice be given when resigning Agenda Item Number: 3. 1  TONI L CRAIG PO Box 2917 ATTORNEY 105 Lewis St Ste 102 Fort Walton Beach FL 32549 -2917 s PHONE: ( 850) 243 -6969 FAX: ( 850) 244 -8929 City, County, Local E -MAIL: toni @tonicraig. info Government Law WEB SITE: www.tonicraig. info 11 August 2010 Mayor & Council City of Fort Walton Beach 107 Miracle Strip Pkwy SW Fort Walton Beach, FL 32548 Re: Resignation as City Attorney Dear Mayor & Council, Please accept this as notice of my resignation as City Attorney effective on September 30, 2010. Thank you, and please contact me if necessary. Sincerely, J CC: City Manager City Clerk Local Government Law - Marital & Family Law - Real Property Law - Guardianships  AMENDMENT TO CONTRACT FOR LEGAL SERVICES 2008 This Amendment to Contract for Legal Services 2008 is made and entered into on March 10 , 2009, by and between the City of Fort Walton Beach, a Florida municipal corporation, 107 Miracle Strip Parkway, SW, Fort Walton Beach, Florida. 32548, ( " City ") and Toni L. Craig, Attorney at Law, Fla. Bar No. 115444, PO Box 2917, Fort Walton Beach, Florida 32549, ( "Attorney"). 1. Purpose Pursuant to Section 8, Amendment, of the Contract for Legal Services 2008, this Amendment revises the provisions of Section 5, Compensation, of that contract. 2. Compensation Section 5, Compensation, ofthe Contract shall be amended to provide as follows: The.Attorney shall be compensated as follows. a) The City shall pay a monthly retainer fee of $7030 on the first Friday of each month for the months of February —September 2009. Beginning on October 1, 2009, the City shall pay a monthly retainer fee of $7500 on the first Friday of each month. The retainer shall be considered earned upon payment and applied to the current month' s fee. b) In the event of termination pursuant to the terms of the Contract, the Attorney shall be entitled to the hourly fee of $125 per hour for hours worked in the month to the date of termination. c) The City shall reimburse and pay for all outside costs, including but not limited to, clerk' s fees, service fees, court reporter fees, expert witness fees, mileage and travel expenses for travel outside of Okaloosa County, Florida, title searches, appraisals and other pmperty transfer related costs. Attorney may advance these costs as necessary and will then invoice the costs as expended. d) Attorney shall provide a weekly summary of legal services conducted on behalf of the City. Such summary will be provided to the City Council by Monday of each week for the week preceding. 3. Other ProAsions All other provisions of the Contract shall remaidin full force and effect. City of Fort Walton Beach Toni L. Craig, Attorney at Law i Anderson, Mayor By:. 71 Michae . For the Council Toni L. Craig Attest: rjJ< A&Yj 1. elen Spencer, Cio Clerk 2  I TONI L.CMG etOV6'16 CE Clty, County, Local Govemment Law A ATIAw fVNNN Marital & Family Law 1 March 2009 Tor Mayor & Council CC: City Manager Re: Attorney Contract for Legal Services Pursuant to my email dated February 24, 2009, attached for reference, k request your consideration of an amendment to our Contract for Legal Services 2008. The proposed amendment is attached along with a copy of my February 2009 billing statement. I am also enclosing my memorandum of December 28, 2007, [ note. originally misdated], as background about the changes made in January 2008 for the Contract for Legal Services 2008. When the amendment was made in January 2008, l had billed 839.05 hours for January — December 2007. In 2008, 1 billed 785. 53 hours, an average of 65.5 hours per month. For January through February 28, 2009, 1 have billed 146.60 hours, or an average of 73.3 hours per month. It is my opinion that, barring some unusual circumstances in the City' s legal scenarios, as the City has seen in 2007 and 2008, this Job requires 60-65 legal hours per month. At this time of other concerns for the City; no matter the actual hours spent, the cost of routine general legal advice should not be one of those concerns. This proposed amendment will accomplish two cost savings for the City: 1) it will reduce the current fiscal year budgeted amount by 2. 0696; 2) it will. set the cost for the 2009 -2010 fiscal year for your general legal services back to the 2007 dollar amount of a fixed annual rate of $90,000. That rate will be a 10.893% savings on the 2008 -2009 fiscal year budget. As an aside.. I have provided similar fee savings to my other local government and private clients. Finally, if anyone has comments, review, or would otherwise like to speak to me regarding my legal services for the City, please contact me directly. Thank you. Recommendation: Motion to approve the Amendment to Contract for Legal Services 2048 and authorize the Mayor to execute the Contract. Po Box 2917 105 Lewis St 5be 102 Sincerely, Fort Walton Such FL 32549 MOW: ( 850) 243 -6969 FAX: ( 850) 244 -8929 E-MAru tonicrN90cox.net WEB SITE: www.tonlcraig. infa Joni oC Craig 3 t From: DMAjiL To: Mike Anderson": " mmWchQ&[ J . oro ": : ft IK L_ I[ alfwb.ora "; " WA ullen(c' Mb.ora "; " ho ( 1e "afwb.ora yes,. Qdfwb. grgr "; " vmillerfth.ora "; ! aMffl1j@f t. ora" Co. nRobeft Warns "; "Brandy Wunker" Subject: Budget Cut Proposal -- City AtMmey Services Date: Tuesday, February 24, 20091: 53: 0(3 PM Mayor & Council I believe I provide the City with the best value available for legal services! I am one of only 184 attorneys state -wide who are Board Certified in City, County, and Local Government Law. From Pensacola to Leon County, there are only 3 of us. I believe that 2007 and 2008 were unprecedented years for the City' s legal expenses and that my legal expenses grew as a result. I fully anticipate