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HomeMy Public PortalAboutPleat & Perry Int. Attorney AgreementDoc Contracts Year 11 2012 i III 11 i City of Crestview City Clerk Coversheet i II A C T S * 5/3/2019 AGREEMENT THIS AGREEMENT made and entered into this qtt day of t ' l ! , 2012 by and between the City of Crestview, a Florida municipal corporation, and ' leat & Perry, P.A., Attorneys at Law, with its principal place of business located at 4477 Legendary Drive, Suite 202, Destin, Florida 32541, hereinafter referred to as "Counsel". WTTNESSETH: WHEREAS, City desires to continue to contract with Counsel for the purposes of providing interim municipal attorney services to the City; WHEREAS, Counsel represents that Counsel is fully qualified to handle such legal services; WHEREAS, Counsel agrees to provide the specified services in accordance with terms NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations herein, the parties hereby agree as follows: and hereof. 1. Purpose of Agreement. The purpose of this Agreement is to set forth the continuing terms and conditions under which Counsel shall provide interim municipal legal services to the City relating to the City's legislative, administrative, quasi-judicial, and litigation requirements. manner: 2. Scope of Services. Counsel agrees to perform and conduct services in the following (a) J. Jerome Miller will hold the title of"City Attorney;" (b) Utilization of all of the professional staff of Counsel on behalf of City is authorized, as directed by the City Attorney; (c) Counsel shall perform all necessary and proper local government legal services pursuant to the direction of the City Council, Mayor, City Clerk, and City Administrative Assistant; (d) Should Counsel determine that attorney representation in addition to that provided by Counsel would be advisable, City Attomey shall first obtain the authorization of the City Council; (e) Specialists or experts may be needed for unusual or unique legal matters which may require an expertise not possessed by Counsel or where a conflict may exist for Counsel. Counsel will not employ or otherwise incur an obligation to pay specialists or experts for services in connection with services herein without prior approval of the City Clerk or City Administrative Assistant; 3. Compensation. City agrees to compensate Counsel as follows: (a) for legal assistants; (b) agreement; and At the hourly rates of $175.00 per hour for attomeys and $75.00 per hour No public finance issuances and loans services are contemplated by this (c) Counsel's general billing policies are as follows: no fee will be charged for travel to and from home or office to City Hall; other travel time is billable as incurred; travel expenses will be billed based on City Travel Reimbursement Rate; copy and printing charges are billed at the rate of $.35 per page; long distance telephone charges are billed at a flat rate of $3.00 per call with extended or specially billed calls (conferences, etc.) as incurred; postage charges are billed as incurred; and facsimile transmission and receipt charges are $1.00 per page. Counsel's time records are kept in one -tenth hour increments, with the minimum being one -tenth hour. All work assigned to Counsel will be accomplished by attorneys or legal assistants of Counsel under the direction of City Attorney. 4. Term. City will have the option to cancel the contract with thirty (30) days from notification, without penalty. Counsel will have the option to cancel the contract with ninety (90) days from notification, without penalty. The parties contemplate that Counsel will apply for permanent engagement. The interim term is intended to support transition to a permanent City Attomey in the event that Counsel is not selected. Such services periods may overlap. The parties will fully cooperate in such a transitional period. 5. Billing. Counsel shall provide monthly invoice with fees and expenses. The City Clerk 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. 7. Severability. 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 chap 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 that this Agreement and the relationship of the parties shall be govemed by the laws of the State of Florida Venue for any action arising out of this Agreement between the parties shall be exclusively in Okaloosa County, Florida and no where else. 10. Binding Effects. This Agreement shall be binding upon the parties hereto and upon their successors and assigns. City of Crestview Agreement Page 2 of 3 11. Effective Date. This Agreement shall be effective April 9, 2012, nunc pro tuns April 2, 2012. IN WITNESS WHEREOF, the parties of this Agreement have set their hands and seals on the say and year fast above written. CITY OF TVIEW B Att ,J City Council President EIIZABETH ROY City Clerk PLEAT & PERRY, P.A. ATTORNEYS AT LAW OME MILLER Attorney at Law g:\wp docs\city of cat.view\crestview.intetmiaconbactdoc City of Crestview Agreement Page 3 of 3