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

that my workload for the City will be steady through the end of the 2009 —2010 fiscal year but want to do what I can to assist in reducing the City's general fund budget through an immediate amendment to my contract. Today, the Finance Director advised that there is a need to reduce the current year general fund expenses by 2. 11%. 1 believe they are also looking at a 2009 -2010 reduction of 8%. 1 propose.the following to help meet those goals: Current Proposed Budgeted Amount 101,101, 000000 98,803.75 Oct 1- January 31 42, 683.75 Feb 1-Sep 30 Remaining in Budgeted Amount 58, 316.25 Per month 7,289.53 Proposed Monthly Flat Rate for Feb - Sep 70030. 00 56,2400 Savings Total 2, 076.25 Savings for 08 - 09 FY as Percentage 2.06% FY 09 -10 Total Budget 90,000 Flat Rate per Month Oct 1, 2009 —Sep 7500 34, 2010 Reduction Percentage 10.893% InIn return,return, I wouldwould provide provide aa weeklyweekly statusstatus reportreport ofof mymy workwork insteadinstead ofof itemizeditemized bil ingbil ing statements.statements. Making billing entries and keeping track of every six minutes of time I spend on City work is very very time consuming in itself if anyone has questions, please contact me. Otherwise, t will work with the City Manager to put this matter and a request for your review of my work and efforts on the March 10 Council agenda. Thank you. Toni L. Craig Attorney at Law Fla Bar. No 115444 Board Certified, City, County, Local Government Low PO Box 2917 Fort Walton Beach FL 32549 850) 243 -6969 Fax: ( 850) 244 -8929 w_ ww.tonicra la.i nfo CONFIDENTIALRY N0110E: This email is from Toni L Craig, Attorney at Law, and is intended only for the use of the addressee. If you received this email In error, please notify me immediately, delete the email from your computer and do not copy or disclose It to anyone else. If you are not an existing client of Toni L Owig, Attorney at Latin, do not construe anything in this email to make you a client unless specifically stated. Do not disclose anything to me in any reply that you expect to be kept confidential. Ifyou are a cNent, you should keep the contents of this email confidential to preserve the attorney -client or work product privilege. 5  CONTRACT FOR LEGAL SERVICES 2008 This Agreement is made and- entered into on , 2008, by and between the City of Fort Walton Beach, a Florida municipal c oration, P07 Miracle Strip Parkway, SW, Fort Walton Beach, Florida. 32548, ( " City ") and Toni L. Craig, Attorney at Law, Fla. Bar No. 115444, 908 Pineview Blvd, Fort Walton Beach, Florida 32547, ( "Attorney "). 1. Purpose City desires to appoint Attorney to provide contract legal services relating to the City' s legislative, administrative, quasi-judicial, and litigation requirements. Attorney represents that she is fully qualified to provide such contract legal services. 2. Scope of Services City hereby agrees that Toni L. Craig shall be the City Attorney for the City of Fort Walton Beach, Florida. Attorney agrees to provide the specific legal services stated in this Agreement, and otherwise as tasked by the City Council or as requested by the City Manager. If the Attorney determines that additional legal representation is advisable, the Attorney shall consult with the City regarding the hiring of additional representation. 3. Term This. Agreement contemplates a continuing and ongoing relationship between the City and the Attorney. This Agreement shall continue in.full force and effect from I February 2008 until terminated with sixty (60) days notice by the City Council or ninety (90) days notice by the Attorney. If Attorney is unable to perform all the duties enumerated in this Agreement for a period of 14 days or :more, the City Council may terminate this Agreement without the requisite 60 -day notice. 4. Scope of Legal Services Attorney agrees to perform and conduct all necessary and proper municipal government legal services pursuant to the direction of the City Council and City Manager, to include, but not limited to, the following services: a) Representation in asserting or defending all federal, circuit, and county civil and administrative hearing or litigation matters, including appeals. b) Counsel and representation at all meetings of the City' s Council, Boards, and Agencies, pursuant to the Code of Ordinances of Fort Walton Beach, Florida, and tasking by City Council. c) Counsel and representation regarding all legislative, administrative, and quasi-judicial matters, excluding bond issuance and refinancing. d) Counsel and representation on capital leasing issues. e) Attendance; at Charter Officers meetings and staff meetings as tasked by the City Manager or necessary for Attorney to accomplish the scope of legal services. R F„ 5. Compensation The Attorney shall be compensated as follows. a) An hourly rate of $125 per hour billed in increments of one -tenth of an hour ( i.e., . 1, 2, . 3, etc.). sco b) The City shall pay a monthly retainer fee of VM on the first Friday of each month. This retainer shall be considered earned upon payment and applied to the current month' s fee. The first monthly retainer fee of $7000 shall be paid on the first Friday of February 2008. c) On or before the fifth of each month, the Attorney shall provide a complete electronic billing invoice for the previous month. The billing invoice shall reconcile the' retainer as applied to the total billing and include all additional hours and costs for the previous month. The City shall pay any additional fee and costs on or before the third Friday of each month. The first billing invoice shall be provided on or before 5 February 2008. d) Each invoice shall include an itemization of the hours spent on a matter and a concise meaningful description of the services rendered with sufficient detail to enable the City to understand the work done. e) In the event of termination pursuant to the terms of this agreement, the Attorney shall be entitled to the hourly fee of $125 per hour for hours worked to the date of the termination. f) The City shall provide an allowance for the Attorney, not to exceed $ 2000 annually, for all costs associated with purchasing, attending, and traveling to professional educational seminars and courses that are directly related to the Scope of Services of this Agreement. Such reimbursement shall be paid upon submittal of receipts by the Attorney. g) Other charges: I. Copies, 50¢ per page. H. Postage, as used. III. Computer research database charge, $ 125 per month. IV. 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 property transfer related costs. Attorney may advance these costs as necessary and will then invoice the costs monthly. 6. Miscellaneous a) Attorney will make reasonable effort to contact the City Council, City Manager, or any member of the City Administration within one business day of an inquiry or request for assistance. b) The Attorney will provide a status report on all open litigation files at least quarterly, or as soon as possible after the end of each quarter. c) The Attorney will provide evidence of insurance coverage for Workers' Compensation, General Liability, Automobile Liability, and- Professional Liability in the amounts meeting the City requirements for professional service contracts. d)If attorney for any reason cannot attend a regularly scheduled meeting of the Council, and attendance of legal representation is necessary as determined- by the Mayor, the Attorney shall arrange for a qualified attorney, approved by the City Council, to attend said meeting. 7 7. Independent Contractor In the performance of legal services, the Attorney is an independent contractor. The Attorney shall not be considered an employee, agent, or servant of the City. The Attomey does not have the power or authority to bind the City in any promise, agreement, or representation other than as specifically authorized by the City Council. However, the Attorney is authorized to use City seal for all correspondence and documents relating to the City. 8. Amendments This Agreement may be amended from time to time by written consent of each party. 9. Other Agreements No. prior or present agreements or representations shall be binding on the City or the Attorney unless' included in this Agreement. 10. Binding Effect This Agreement shall bind the parties hereto but shall not be assignable in :any form or manner by either party. City of Fort Walton, Beach Toni L. Craig, Attorney at Law By: Michael G. Anderson,,Mayor Toni L. Craig For the Council Attest: k &- Z - 5 Helen Spencer, p Clerk N.  CITY COUNCIL SPECIAL MEETING August 16, 2010 Special Meeting Agenda Process to Replace City Attorney Synopsis: Council to direct course ofaction for the replacement ofthe City Attorney Agenda Item Number: 3. 2  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: August 12, 2010 TO: Honorable Mayor and Council Members FROM: Robert T. Mearns, City Mana SUBJECT: City Attorney Replacement 7P Background 1. 1 Section 53 of the City Charter mandates that the City Council appoint the City Attorney. 1. 2 The City Attorney has submitted her resignation effective September 30, 2010. 1. 2 The City Council must appoint a replacement City