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