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HomeMy Public PortalAboutPleat & Perry Attorney AgreementAGREEMENT THIS AGREEMENT made and entered into this ;r day of 'i + 'ham. , 2012 by and between the City of Crestview, a Florida municipal corporation, hereina r referred to as "City" and Pleat & Perry, P.A., Attorneys at Law, hereinafter referred to as "Counsel". WITNESSETH: WHEREAS, City desires to continue Counsel for the purposes of providing municipal attorney services to the City; and hereof. 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: 1. Purpose of Agreement. The purpose of this Agreement is to set forth the continuing terms and conditions under which Counsel shall provide municipal legal services to the City relating to the City's legislative, administrative, quasi-judicial, and litigation requirements. 2. Scope of Services. Counsel agrees to perform and conduct services in the following manner: (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 Counsel; (c) Counsel shall perform all necessary and proper local government legal services pursuant to the direction of the City Council, Mayor, City Clerk, City Council Administrative Assistant, and Department Directors; (d) Should Counsel determine that additional attorney representation would be advisable, Counsel 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 Counse. 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. 3. Compensation. City agrees to compensate Counsel as follows: (a) $175.00 per hour for attorneys for hourly services other than litigation; with hourly litigation services at the rate of $225.00 per hour for attorneys; (b) $75.00 per hour for legal assistants; (c) No fee will be generated by routine consultations with the Mayor, City Council members, City Clerk, City Council Administrative Assistant, and Department Directors, not exceeding fifteen minutes and unrelated to real estate transactions, employment, litigation and which do not require research, document review, or documents preparation; (d) Counsel will represent City on public finance issuances and loans services as local counsel at the rate of .4% of the amount of the issuance through $10,000,000.00 and .3% of any amount over $10,000,000.00, with a minimum fee of $8,000.00, fees contingent upon the closing of the financing issue. For issuances requiring validation, an additional non -contingent hourly fee will be paid for the validation process, including appeals, if any, at the litigation hourly rates provided above; and (e) 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 the statutorily authorized rates; copy 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 and $6.00 per long distance call. Counsel's time records are kept in quarter-hour increments rounded up to the nearest tenth hour. All work assigned to Counsel will be accomplished by attorneys or legal assistants of Counsel under the direction of counsel. Counsel's municipal clients share time and expense for attendance of one attorney at the Florida Municipal Attorney's Annual Conference (Seminar) and the Local Government Law Section Seminar. 4. Term. The services under the Agreement are a continuation of services with the agreement beginning July 1, 2012. This Agreement contemplates a continuing and ongoing relationship between City and Counsel. This Agreement shall continue in full force and effect, subject to agreed upon amendments, unless and until terminated upon sixty (60) days notice by the City and ninety (90) days notice by Counsel. 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. 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 or parties to be bound thereby. 7. Binding Effects. This Agreement shall be binding upon the parties hereto and upon their successors and assigns. IN WITNESS WHEREOF, the parties of this Agreement have set their hands and seals on the say and year first above written. CITY O By: Attest. • --- '� . ucci, IlI City Council President Eliz. Seth M. Roy Ci Clerk Pleat & Perry, P. A. ATTORNEYS AT LAW . Jerome iller