Fort Walton Beach Council agenda — 05-10-05 — reading text

behalf of City is authorized, as directed by Attorney. c) Should Attorney determine that additional attorney representation would be advisable, Attorney shall first obtain the authorization of the City Council. 3. Term. This Agreement contemplates a continuing and ongoing relationship between City and Attorney. This Agreement shall continue in full force and effect, subject to agreed upon amendments, unless and until terminated upon forty- five ( 45) If days notice by the City Council and ninety ( 90) days notice by Attorney. is unable to perform all the duties enumerated in this Agreement for a Attorney period of 14 days or more, the City Council may terminate this Agreement without the requisite notice provided for elsewhere in this Agreement unless authorized by the City Council. 4. Specific Leaal Services Rendered. 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 litigation matters, including appeals. b) Counsel and representation at all meetings of the City' s Council, Boards, and Agencies, pursuant to 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) If Attorney for any reason can not attend a required meeting, she shall to attend said arrange for a qualified attorney, approved by the City Council, to fees for services for that meeting( s) and shall be solely responsible attorney. 1 5. Compensation. a) An annual flat rate of $65, 000, payable monthly by paying 1I12th of the annual amount, for the first year of this contract; In the event of termination pursuant to the terms of this agreement, Attorney shall be entitled only to such compensation as shall have accrued on a pro rata basis to the date of said early termination. b) If retained for second year of contract services, an annual flat rate of a 68, 250, payable monthly by paying 1/ 12th of the annual amount, for the second year. c) The annual flat rate includes all services outlined in Section 4 above. d) City shall provide for Attorney an allowance, not to exceed $ 2000 annually, for all costs associated with attendance at and travel to the Florida Municipal Attorneys Association Conference and one other professional education seminar per year. Payment will be made upon submittal of receipts. e) Other charges: I. Long- distance telephone charges, as billed by telephone company; II. Copies, 25~ per page; III. Postage, as used; IV. Facsimile, received or sent, 50~ per page; V. Computer research database charge, $ 100 per month; VI. 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; VII. Attorney may advance costs incurred on behalf of the City and invoice those costs monthly; VIII. File Opening Fee, $ 2. 50 each for all files opened after July 1, 2003. 6. Invoices. a) Attorney shall provide monthly invoices of the monthly 1/ 12th payment and all costs incurred on behalf of the City. The City shall review and promptly pay all invoices within thirty ( 30) days of presentation. b) Each invoice shall be submitted in a format that includes, at a minimum itemization of the hours spent with a concise meaningful description of the services rendered, with sufficient detail to enable the City to understand the services rendered. 7. Miscellaneous. a) Attorney will make reasonable effort to contact City Council and/ or staff within one business day on an inquiry or request for assistance. b) The Attorney will provide a status report on all open files bi- monthly. c) The Attorney will provide evidence of insurance coverages for Workers' Compensation,General Automobile Liability, Professional Liability in Liability, the amounts meeting the City requirements for professional services contracts. 2  1 AGREEMENTFORCONTRACTLEGALSER~ CES 2 3 This Agreement is made and entered into on the _ day of June 2005, by and 4 between the City of Fort Walton Beach, a Florida municipal corporation, 107 Miracle, 5 Strip Parkway,SW, Fort Walton Beach, Florida, ("City") and Toni L. Craig, Attorney at 6 Law, Fla. Bar No. 115444, 151 Mary Esther Blvd., Suite 408, Mary Esther, Florida, 7 (" Attorney"). 8 9 1. Purpose to the 10 City desires to appoint Attorney to provide contract legal services relating 11 City' s legislative, administrative, quasi-judicial, and litigation requirements. Attorney such contract legal services. 12 represents that she is fully qualified to provide 13 14 2. Scope of Services the City of 15 City hereby agrees that Toni L. Craig shall be the City Attorney for 16 Fort Walton Beach, Florida. Attorney agrees to provide the specific legal services stated 17 in the Agreement, and otherwise as tasked by the City Council or as requested by the City on behalf of the City is 18 Manager. Utilization of any professional staff of Attorney 19 authorized, so long as that staff may be directed by the Attorney. If the Attorney should 20 detennine that additional attorney representation would be advisable, the Attorney shall 21 consult with the City regarding the hiring of additional representation. 22 23 3. Term 24 This Agreement contemplates a continuing and ongoing relationship between the and effect from 1 July 25 City and the Attorney. This Agreement shall continue in full force 90) 26 2005 until terminated with forty- five (45) days notice by the City Councilor ninety ( If is unable to perform all the duties enumerated in 27 days noticeby Attorney. Attorney the 28 this Agreement for a period of 14 days or more, the City Council may terminate this 29 Agreement without the requisite 45- day notice. 30 31 4. Scope of Legal Services 32 Attorney agrees to perform and conduct all necessary and proper municipal of the City Council and City 33 government legal services pursuant to the direction 34 Manager, to include, but not limited to, the following services: 35 a) Representation in asserting or defending all federal, circuit, and county civil 36 and administrative hearing or litigation matters, including appeals. 37 b) Counsel and representation at all meetings of the City' s CounciL Boards, and and tasking 38 Agencies, pursuant to the Code of Ordinances of F ort Walton Beach, Florida, 39 by City Council. 40 Counsel and representation regarding all legislative, administrative, and quasi- c) 41 judicial matters, excluding bond issuance and refinancing. 42 d) Counsel and representation on capital leasing issues. 43 e) If attorney for any reason can not attend a required meeting, she shall arrange 44 for a qualified attorney, approved by the City CounciL to attend said meeting, and shall 45 be solely responsible for fees for services for that attorney. 46 y 47 5. Compensation 48 The Attorney shall be compensated as follows. 49 a) An annual flat rate fee of $78, 500, payable monthly by paying 1/lih of the 50 annual amount. In the event of termination pursuant to the terms of this agreement, the on a pro rata basis 51 Attorney shall be entitled only to such compensation as she has earned 52 to the date of the tennination. 53 b) The annual flat rate fee includes all services outlined in Section 4 above. 54 c) The City shall provide for the Attorney an allowance, not to exceed $ 2000 educational 55 annually, for all costs associated with attendance at and travel to professional 56 seminars and courses that are directly related to the Scope of Services of this Agreement. 57 Payment of such reimbursement shall be paid upon submittal of receipts. 58 d) Other charges: 59 I. Long- distance telephone charges, as billed by telephone company. 60 ll. Copies, 50~ per page. 61 m. Postage, as used. 62 IV. Facsimile, received or sent, $ 1 per page. 63 V. Computer research database charge, $ 125 per month. 64 VI. All outside costs, including but not limited to, clerk' s fees, service 65 fees, court reporter fees, expert witness fees, mileage and travel expenses for 66 travel outside of Okaloosa County, Florida, title searches, appraisals and other these costs as necessary 67