Fort Walton Beach Council agenda — 09-21-2010 Special-City Attorney Selection — reading text

Compensation, City agrees to compensate Counsel as follows: a) $ 175. 00 per hour for attorneys; b) $ 75. 00 per (lour for legal assistants; c) No tee will be generated by routine co .. tions with the Mayor, City Council members, the City Manager, the City Clerk, and DI e ds, not exceeding fifteen minutes and unrelated to real estate transactions, litigation a whic ' ° r.not require research or 4.:.., I,, documents preparation; . d) Counsel will represent City ' publ nce issuanceg" Coans as Local Counsel at die rate of .3% of the atnoutlt of the ad tf 1 0,000, 000. 0' `. 2% of any amount over $ 10, 000,000.00, with a minimum fee of $ , contingent upo the closing of the financing issue or load. For issuances requiring valida additional non -contingent hourly fee will be paid for the validation litiga ' process, includ peals, if any, at the hourly rates provided above; and e) Counsel' s general bi ' 1g p as foll^ s: no fee will be charged for travel to and from home or office to City I; r e is billable as incurred; travel expenses will be billed I ' ity Travel ursemen ate; copy and printing charges are billed at the rate of $3 page;`• distance to hone charges are billed at a flat rate of $3. 00 per call with extended ovs ' ally bill alts ( confere es, etc.) as incurred; postage charges are billed as incurred; and facsinl 11s111' ion and receip arges are $ 1. 00 per page. Counsel' s time records are kept in one -ten he minimum being one -tenth hour. All work assigned to C ' I be 1plisl orneys or legal assistants of Counsel under the q; directio . City Attu nuns unicipal clients share time and expense for attendance of one attorn each the Flon 1111c ey' s Association Annual Conference ( Seminar) and the I have the option to cancel the contract with thirty ( 30) days from unsel will have the option to cancel the contract with ninety ( 90) r" 5. Billin . Counsel shall provide monthly invoice with fees and expenses. The City Manger shall have statement payment approval authority for City. 6. Other Agreements. This Agreement sets forth the entire Agreement between the parties. No prior or present agreements or representations shall be binding upon City or Counsel unless included in this Agreement. No modification or change to this Agreement shall be binding upon the parties unless in writing and executed by the party for parties to be bound thereby. City of Fort Walton Beach Agreement  SAMPLE AGREEMENT-SUBJECT IQ CHANGES PRODUCED BY SELECTIQN PROCESS) 7. Sevembility, Should any part of this Agreement be determine by a court of competent jurisdiction to be contrary to applicable law, the remainder of the Agreement shall remain in full force and effect. 8. Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. 9. Governing Law and Venue. The parties intend `' ihis Agreement and the relationship of the parties shall be governed by the laws of the State Venue for any action arising out of this Agreement between the parties shall be excl > Gadsden County, Florida and no where else. 10. Binding Erects, This Agreement shat Aff in 3ing ' upon the ' hereto and upon their successors and assigns. "' IN WITNESS WHEREOF, the parties of this m x set their hads and seals on the say and year first above written. CITY OF FORT WALTON BEACH By: rf MIKE ANDERS . Mayor Attest: HELEN SPENC Clty c , 171 i; PLEA. PERRY, P. A. ATT 7 YS AT LAW By: >' J. JEROMP' ` 1, Attorney at Lei a; gAvvp_ do kily or iwi wool h twltlli rtwullunhcn lt .ccutlrtn t.d x City of Fort Walton Beach Agreement  SECTION VI SUBMISSION SIGNATURE Firm /Individual( s) Pleat & Perry, P. A.M. Jerome Miller, Esa, Address: 4477 Lexendary Drive, Suite 202 City: Destin State: Florida Zip: 32541 Telephone: 850 650 -0599 Fax: L850) 650 -4402 Email: Lry , pleatperry.com Website Address: www.pleatperr.com Type of Business (Corporation, Partnership, Other -Specify): Corporation_ Tax ID Number ( 131N /SSN) 59- 3478525 Authorized Signature: Date: Professional Referei 1. Craig Barker, 726 Beach Drive, Destin, Florida 32541 L850) 376 -1400 crai g. barkerecox. net City of Destin Councilman 1997 -2001; Mayor 2002 -2009 2. Mary Lou Reed, Executive Director; Workforce Development Board Okaloosa Walton Counties, Inc. 81h 109 Avenue, Shalimar, Florida 32579: ( 850) 651 -8623 mlreed u,iobgplus02. com 3. Mel Ponder, 4 Welaka Court, Destin, Florida 32541 850) 865 -0816; meRthebeaehfla.com City of Destin Councilman 2002 -2006  CITY OF DESTIN CALENDAR OF EVENTS MONTHLY EVENING MEETINGS 1St & 3rd Monday: City Council Meetings 3rd Thursday: Local Planning Agency Meetings 1" Thursday as needed) 2nd Thursday: Code Enforcement Board Meeting Wednesday: Board of Adjustment Community Redevelopment Agency Board Meetings preceding City Council meetings as needed g: \wp_ docs \city of fort walton beach\ fortwaltonbeach .destincalendar.doc  CNA LAWYERS PROFESSIONAL LIABILITY POLICY DECLARATIONS A enc Branch: Poliev Number: Insurance is provided by Continental Casualty Company, 700324 912 169705439 333 S. Wabash Ave. Chicago IL 60604 A Stock Insurance Company. IA. NAMED INSURED AND ADDRESS: NOTICE TO POLICYHOLDERS: Pleat & Perry, P. A. This is a Claims Made and Reported policy. It applies only to 4477 Legendary Drive, Suite 202 those claims that are both first made against the insured and Destin, FL 32541 reported in writing to the Company during the policy period. Please review the policy carefully and discuss this coverage with your insurance agent or broker. 11B. PREDECESSOR FIRM(S): See Declarations Addendum 2. POLICY PERIOD: Inception: 07/ 01/ 2010 Expiration: 07/ 01/ 2011 at 12: 01 A.M. Standard Time at the address shown above 3. LIMITS OF LIABILITY: Each Claim: $ 2,000,000 Inclusve of Claims Expenses Aggregate: 52, 000,000 Death or Disability and Non -Practicing Each Claim: 51, 000,000 Extended Reporting Period Limit of Liability: Aggregate: $ 2, 000,000 4. DEDUCTIBLES:. Aggregate: 510,000 Inclusive of Claims & penes I. 5. POLICY PREN TM: Annual Premium: $ 16, 346. 00 Surcharges/ Taxes: Amount: Florida Hurricane Catastrophe Fund $ 163. 46 Florida Insurance Guaranty Association Regular 2009 $ 171. 63 Total Amount: $ 16, 681. 09 Includes CNA Risk Management Seminar Credit of S- 155. 00 6. FORMS AND ENDORSEMCNTS ATTACHED AT INCEPTION: G- 118011 -A ( Ed. 04/2008), G- 118012 -A (Ed. 03/ 1999), G- 118016 -A (Ed. 04/ 2008), G- 118024 -A ( Ed. 04/2008), G- 1 18039 -A09 ( Ed. 06/2008), G- 118065 -A09 (Ed. 09/2007), G- 145184 -A (Ed. 06/2003), GSL- 11512 -XX (Ed. 10/2008), GSL -12439 -XX (Ed. 03/ 2009) 7. WHO TO CONTACT: To report a claim: CNA Insurance Companies 333 S. Wabash, 39 South Chicago, IL 60685 Att: Regional Director, GSL Lawyers Claims Phone 312 -822 -6466 Fax 866 -419 -6308 www.cna.com /claims 1 07112/ 20) 0