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

property transfer related costs. Attorney may advance 68 and will then invoice the costs monthly. 69 VIT. File Opening Fee, $ 2. 50 each. 70 71 6. Invoices of the annual flat rate fee 72 a) Attorney shall provide monthly invoices for 1/12th 73 plus all costs incurred on behalf of the City. The City shall review and promptly pay all 74 invoices within fifteen ( 15) days of presentation. 75 b) Each invoice shall include an itemization of the hours spent on a matter and a 76 concise meaningful description of the services rendered with sufficient detail to enable 77 the City to understand the work done. 78 79 7. Miscellaneous 80 a) Attorney will make reasonable effort to City Council, City contact the one business day of an 81 Manager, or any member of the City Administration within 82 inquiry or request for assistance. least 83 b) The Attorney will provide a status report on all open litigation files at 84 quarterly. 85 c) The attorney will provide evidence of insurance coverage for Workers' in the 86 Compensation, General Liability, Automobile Liability, and Professional Liability 87 amounts meeting the City requirements for professional service contracts. 88 89 8. Independent Contractor 90 In the performance of legal services, the Attorney is an independent contractor. The 91 The Attorney shall not be considered an employee, agent, or servant of the City.  the in any promise, 92 Attorney does not have the power or authority to bind City 93 agreement, or representation other than as specifically authorized by the City Council. 94 95 9. Amendments 96 This Agreement may be amended ftom time to time by written consent of each 97 party. 98 99 10. Other Agreements No prior or present agreements or representations shall be binding on the City or 100 101 the Attorney unless included in this Agreement. 102 103 11. Binding Effect 104 This Agreement shall bind the parties hereto but shall not be assignable in any 105 form or manner by either party. 106 107 Duly Executed by: 108 109 Toni L. Craig, Attorney at Law 110 City of Fort Walton Beach III 112 113 114 115 By: Mike Anderson, Mayor 116 F or the Council 117 118 119 120 Attest: 121 Helen Spencer, City Clerk  REVISED 1 AGREEMENT FOR CONTRACT LEGAL SERVICES 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 10 City desires to appoint Attorney to provide contract legal services relating to the 11 City' s legislative, administrative, quasi-judicial, and litigation requirements. Attorney 12 represents that she is fully qualified to provide such contract legal services. 13 14 2. Scope of Services 15 City hereby agrees that Toni L. Craig shall be the City Attorney for the City of 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 18 Manager. Utilization of any professional staff of Attorney on behalf of the City is 19 authorized, so long as that staff may be directed by the Attorney. If the Attorney should 20 determine 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 25 City and the Attorney. This Agreement shall continue in full force and effect from 1 July 26 2005 until terminated with forty- five ( 45) days notice by the City Council or ninety ( 90) 27 days notice by the Attorney. If Attorney is unable to perform all the duties enumerated in 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 33 government legal services pursuant to the direction of the City Council and City 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 38 Agencies, pursuant to the Code of Ordinances of Fort Walton Beach, Florida, and tasking 39 by City Council. 40 c) Counsel and representation regarding all legislative, administrative, and quasi- 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.  REVISED 46 5. Compensation 47 The Attorney shall be compensated as follows. 48 24th of the a) An annual flat rate fee of $78, 500, payable monthly by paying 1/ 49 annual amount on the first and third Friday of each month. The first payment shall be 50 made on July 1, 2005. In the event of termination pursuant to the terms of this agreement, 51 the Attorney shall be entitled only to such compensation as she has earned on a pro rata 52 basis to the date of the termination. 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 55 annually, for all costs associated with attendance at and travel to professional educational 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 II. Copies, 50~ per page. 61 III. 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 67 property transfer related costs. Attorney may advance these costs as necessary 68 and will then invoice the costs monthly. 69 VII. File Opening Fee, $ 2. 50 each. 70 71 6. Invoices 72 a) Attorney shall provide monthly invoices that itemize the hours and costs 73 incurred on behalf of the City and reconcile the monthly payments of the flat rate fee. 74 The City shall review and promptly pay all invoices for costs within thirty ( 30) days of 75 presentation. 76 b) Each invoice shall include an itemization of the hours spent on a matter and a 77 concise meaningful description of the services rendered with sufficient detail to enable 78 the City to understand the work done. 79 80 7. Miscellaneous 81 a)Attorney will make reasonable effort to contact the City Council, City 82 Manager, or any member of the City Administration within one business day of an 83 inquiry or request for assistance. 84 b) The Attorney will provide a status report on all open litigation files at least 85 quarterly. 86 c) The attorney will provide evidence of insurance coverage for Workers' 87 Compensation, General Liability, Automobile Liability, and Professional Liability in the 88 amounts meeting the City requirements for professional service contracts.  REVISED 89 8. Independent Contractor 90 In the performance of legal services, the Attorney is an independent contractor. 91 The Attorney shall not be considered an employee, agent, or servant of the City. The 92 Attorney does not have the power or authority to bind the City in any promise, 93 agreement, or representation other than as specifically authorized by the City Council. 94 95 9. Amendments 96 This Agreement may be amended from time to time by written consent of each 97 party. 98 99 10. Other Agreements 100 No prior or present agreements or representations shall be binding on the City or 101 the Attorney unless included in this Agreement. 102 103 11. Binding Effect 104 This Agreement shall bind the parties hereto but shall not be assignable in any 105 form or manner by either party. 106 107 Duly Executed by: 108 109 110 City of Fort Walton Beach Toni L. Craig, Attorney at Law 111 112 113 114 115 By: Michael G. Anderson, Mayor 116 F or the Council 117 118 119 120 Attest: 121 Helen Spencer, City Clerk  CITY COUNCIL MEETING May 10, 2005 Regular Agenda Board/ Committee Appointments: Beautifcation Com it e /Tree Board Council Action 1st 2nd Vote: Agenda Item Number: RG - 15  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM TO: Joyce Shanahan, City FROM: DATE: SUBJECT: May 4, 2005 Beautification Mw Helen Spencer, City Cler . Commit ee/Tree Board Vacancy BACKGROUND: There is currently one vacancv on the Beautification Committee/ Tree Board for an unexpired term. Rachael Barton was appointed to the Committee on December