Fort Walton Beach Council agenda — 06-24-03 regular Council agenda — reading text

chair from among its COI'l1:'{ designated to serve for terms' of 1, 2, and 3 years the authority shall select a select from among itt;" the respectively; the remaining commissioners st)all be missioners. An authority shall of 4 each, from the commissioners a vice chair; and it may employ a secrt( , ma esignated to serve for terms years date of their appointment. Thereafter, each commis- tary, who shall be the executive director, technical" ns< oft/ sioner shall be appointed as aforesaid for a term of experts, and such other officers, agents, and employ., and temporary, as it may require and cer, office of 4 years, except that a vacancy shall be fined for ees, permanent shall determine their qualifications, duties, and com..., of f the unexpired term by an appointment by the mayor such services it require, an, timl with the approval of the goveming body within 60 days pensation. For legal as may after such vacancy occurs. Each housing authority cre- authority may call upon the chief law officer of the cijy not l,! 1 its counsel and legal staff. Art pov ated pursuant to this chapter shall have at least one or may employ own jl1'.I commissioner who shall be a resident who is current in authority may delegate to one or more of its agents or 1 I rent in a housing project or a person of low or very low employees .such powers or duties as it may deem out, pro' income who resides within the housing authority' s juris- proper. " diction and is receiving rent subsidy through a program ( 3) Notwithstanding the limitation contained in sub- mer administered by the or public housing agency section ( 1) on the number of commissioners of a hous' part authority 930  RAfFT 1 AGREEMENT FOR CONTRACT LEGAL SERVICES 2 3 This Agreement is made and entered into on the day of June 4 2003, by and between the City of Fort Walton Beach, a Florida municipal 5 corporation, 107 Miracle Strip Parkway, SW, Fort Walton Beach, Florida, (" City"), 6 and Toni L. Craig, d/b/ a Toni L. Craig, P. A.,a Florida corporation, 151 Mary 7 Esther Blvd., Suite 408, Mary Esther, Florida, (" Attorney"). 8 1. Purpose. 9 City desires to appoint Attorney to provide contract legal services relating 10 to the City' s legislative, administrative, quasi-judicial, and litigation requirements. 11 Attorney represents that she is fully qualified to provide such contract legal 12 services. 13 2. Scope of Services. 14 a) City hereby agrees that Toni L. Craig, d/b/ a Toni L. Craig, 15 P. A.,shall be the City Attorney. Attorney agrees to provide the 16 specific legal services stated in this Agreement, and otherwise as 17 tasked by the City Councilor City Manager. 18 b) Utilization of all of the professional staff of Attorney on behalf of City 19 is authorized, as directed by Attorney; 20 c) Should Attorney determine that additional attorney representation 21 would be advisable, Attorney shall first obtain the authorization of 22 the City Council. 23 24 3. Term. 25 This Agreement contemplates a continuing and ongoing relationship between 26 City and Attorney. This Agreement shall continue in full force and effect, subject 27 to agreed upon amendments, unless and until terminated upon forty-five (45) If 28 days notice by the City Council and ninety ( 90) days notice by Attorney. 1  D!RAFT 29 Attorney is unable to perform all the duties enumerated in this Agreement for a 30 period of 14 days or more, the City Council may terminate this Agreement 31 without the requisite notice provided for elsewhere in this Agreement unless 32 authorized by the City Council. 33 4. Specific Legal Services Rendered. 34 Attorney agrees to perform and conduct all necessary and proper 35 municipal government legal services pursuant to the direction of the City Council 36 and City Manager, to include, but not limited to, the following services: 37 a. Representation in asserting or defending all federal, circuit, and 38 county civil and administrative litigation matters, including appeals. 39 b. Counsel and representation at all meetings of the City' s Council, 40 Boards, and Agencies, pursuant to Code of Ordinances of Fort Walton Beach, 41 Florida, and tasking by City Council; 42 c. Counsel and representation regarding all legislative, administrative, 43 and quasi-judicial matters, excluding bond issuance and refinancing; and 44 d. Counsel and representation on capital leasing issues. 45 e. If Attorney for any reason can not attend a required meeting, she 46 shall arrange for a qualified attorney, approved by the City Council, to attend said 47 meeting( s) and shall be solely responsible to fees for services for that attorney. 48 5. Compensation. 49 a. An annual flat rate of $65,000, payable monthly by paying 50 1/ 12th of the annual amount, for the first year of this contract; In the event of 51 termination pursuant to the terms of this agreement, Attorney shall be entitled 2  DRAFT the date 52 only to such compensation as shall have accrued on a pro rata basis to 53 of said early termination. 54 b. If retained for a second year of contract services, an annual flat rate 55 of $68, 250, payable monthly by paying 1/ 12th of the annual amount, for the 56 second year. 57 c. The annual flat rate includes all services outlined in Section 4 58 above. 59 d. City shall provide for Attorney an allowance, not to exceed $ 2000 Florida 60 annually, for all costs associated with attendance at and travel to the 61 Municipal Attorneys Association Conference and one other professional 62 education seminar per year. Payment will be made upon submittal of receipts. 63 e. Other charges: 64 I. Long- distance telephone charges, as billed by telephone 65 company; 66 II. Copies, 25rf, per page; 67 iii. Postage, as used; 68 IV. Facsimile, received or sent, 50rf, per page; 69 v. Computer research database charge, $ 100 per month; 70 VI. All outside costs, including but not limited to, clerk' s fees, 71 service fees, court reporter fees, expert witness fees, mileage and travel Florida, title searches, 72 expenses for travel outside of Okaloosa County, 73 appraisals, and other property transfer related costs; 3  DRAfT of the City 74 vii. Attorney may advance costs incurred on behalf 75 and invoice those costs monthly; 76 viii. File Opening Fee, $ 2. 50 each for all files opened after July 77 1, 2003. 78 6. Invoices. 1/ 1 ih 79 a. Attorney shall provide monthly invoices of the monthly shall review and 80 payment and all costs incurred on behalf of the City. The City 81 promptly pay all invoices within thirty (30) days of presentation. 82 b. Each invoice shall be submitted in a format that includes, at a of 83 minimum itemization of the hours spent with a concise meaningful description the 84 the services rendered, with sufficient detail to enable the City to understand 85 services rendered. 86 7. Miscellaneous Attorney will make reasonable effort to contact City Council and/ or 87 a. 88 staff within one business day on an inquiry or request for assistance. 89 b. The Attorney will provide a status report on all open files bi- monthly 90 c. The Attorney will provide evidence of