Packet 3-7-16 & 3-8-16AGREEMENT FOR LEGAL SERVICES
CITY COMMISSION OF THE CITY OF ATLANTIC BEACH
THIS AGREEMENT is made and entered into this 16th day of December, 2013, by and
between the City Commission of the City of Atlantic Beach, a Florida municipality, and
Kopelousos, Bradley & Garrison, P.A. ("KBG").
WHEREAS, the City of Atlantic Beach desires to retain the legal services of KBG on an
interim basiqpursuant to the terms and conditions set forth below, and;
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WHEREAS, KBG desires to accept said engagement pursuant to the terms and
conditions set forth below, and;
WHEREAS, the parties desire to set forth their agreement in written form;
NOW, THEREFORE, for and in consideration of the foregoing and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1.Monthly Retainer. The City of Atlantic Beach shall pay KBG a monthly
retainer of$8,000.00 for the Legal Services set forth in paragraph 2 of this Agreement beginning
on December 16th, 2013, and continuing on a monthly basis thereafter.
2.Legal Services. The retainer will compensate KBG for travel time and the
following Legal Services:
a.acting as the legal advisor to, and attorney and counselor for, the City of Atlantic
Beach and its officers in matters relating to their official duties;
b.attendance and participation at regularly scheduled City Commission meetings;
Special meetings; Emergency meetings; Commission workshops; Community
Development meetings and Code Enforcement Board meetings;
c.preparing in writing, all contracts in which the City is concerned, including the
interlocal agreement with the City of Jacksonville, and giving an endorsement of
approval as to form and correctness;
d.review and preparation, if necessary, of ordinances and resolutions not concerning
the matters set forth in paragraph 3;
e.furnishing opinions on questions of law relating to the powers and duties of city
officers;
f.legal advice to the City Commissioners, the City Manager and the City of Atlantic
Beach staff;
g.legal research and preparation of legal memoranda to assist the City of Atlantic
Beach in the conduct of its business.
3. Additional Services. The monthly retainer does not compensate KBG for the
following Additional Services:
a.Prosecuting and defending against and on behalf of the City of Atlantic Beach, all
civil complaints, suits and controversies in which the City is a party;
b.representation of the City of Atlantic Beach in a controversy where another
attorney is involved;
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c.legal work associated with the issuance of bonds and other instruments by the
City of Atlantic Beach;
d.performing such other duties as may be required by ordinance or resolution of the
City Commission;
e.legal work not contemplated in paragraph 2 of this Agreement.
4.Compensation for Additional Services. The City of Atlantic Beach will
compensate KBG at the rate of $200.00 per hour, plus costs (unless the parties agree to an
alternative form of compensation) for the Additional Services described in 3(a) and (b). The
parties will negotiate the terms of compensation for the Additional Services described in and
3(c), (d) and (e) at such time as said Additional Services are required.
5.Termination of Agreement. Either party may terminate this Agreement with or
without cause. KBG must provide the City of Atlantic Beach thirty (30) days written notice;
however, the City is not required to provide advance notice.
6.Severability. If any provision or portion of this Agreement is held to be
unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portions thereof
shall be deemed severable, shall not be affected, and shall remain in full force and effect.
7.Governing Law. This Agreement shall be interpreted and construed under the
laws of the United States and the State of Florida. Any litigation arising hereunder or related
hereto shall be tried by the state courts for the County of Duval, Florida.
8.Entire Agreement Between the Parties. The parties agree that this is the entire
agreement between the parties. This Agreement overrides and replaces all prior negotiations and
terms proposed or discussed, whether in writing or orally, about the subject matter of this
Agreement. No modification of this Agreement will be valid unless it is in writing identified as
an Amendment to the Agreement and is signed by an authorized representative of the City of
Atlantic Beach and KBG.
WITNESS the following signatures pursuant to due authority.
CITY COMMISSION OF
THE CITY OF ATLANTIC BEACH,
a Florida municipality.
By:
f}+F o L VN VOc r_, AVO
KOPELOUSOS, BRADLEY & GARRISON, P.A.
By:
Rob Bradl uire
Managing Partner
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Bartle, Donna
From:Berry, Cathy
Sent:Friday, March 04, 2016 11:16 AM
To:Elected Officials; Van Liere, Nelson
Cc:Patrick W. Krechowski; Brenna Durden
Subject:City Attorney comparison chart
Attachments:City Attorney comparison chart.docx
I reached out to all cities in Florida with approximately the same population as the City of Atlantic Beach and asked for a
copy of their attorney agreements. I received responses from eight cities, including Neptune Beach. I am attaching a
chart that I created to compare and provide a general overview. I will be happy to provide the contracts if you’d like to
read them. I will place a hard copy of this chart in each of your boxes.
I am copying the two attorneys who will present to you on March 8.
Please let me now if you have any questions.
Cathy
Catherine Berry, Esq.
Human Resources Director
(904) 247‐5890
City Attorney Comparison Chart with Florida Cities of the Same Size (alpha order except for Neptune Beach)
Neptune Beach Auburndale Lady Lake Longwood New Port Richey Niceville St. Augustine Tavares
Firm GrayRobinson
Patrick Krechowski
Patton Kee Derek Schroth Fishback, Dominick Joseph Poblick No contract –
responded by e-mail
Isabelle Lopez Robert Williams
Since: 2011
1996 2005 2009 2015 1978 2014 2015
Fee Initial: 2750/mo
retainer + 150/hr
Current: 4250/mo
retainer + 200/hr
As of 10/2014
75650/year retainer +
90/hr
3000/mo retainer to
attend meetings.
Everything else is
billed at
+ 150/hr
Currently: 5350/mo
retainer + 215/hr
Not to exceed
$110,000/year as
part of City’s payroll.
3000/mo retainer +
litigation
Budget $50k/year
$124,142.24 annual
salary plus benefits
plus car allowance,
retirement
28000/year retainer
+204.75/hr
Detailed invoice with
retainer and hourly
work
Term Ongoing, 90 day
termination notice,
Oct. 1, 2019 end.
Ongoing One year, 90 days
term notice
Ongoing , term at any
time
1 year, plus option
for two additional 1
year terms. 30 day
term notice
-- 5 years with option
for 2 additional 5-yr
terms. 12 month
term notice unless
for breach, then 30
days.
Ongoing with 7 days
term notice
Insurance 2m/claim
2m/aggregate
-- 500,000 -- -- N/A --
Evaluation? Annually
Every two years -- -- -- Annually --
Conflicts During the term of
this agreement, the
City Attorney and
members of the Firm
shall observe the
requirements
regarding conflicts of
interest as set forth
in Rule 4 -1 of the
Florida Bar’s Rules of
Professional Conduct.
Neither the City
Attorney nor the Firm
-- -- -- The Attorney shall
not represent any
client, including but
not limited to, a
municipality, county,
local or state
government agency
or other person or
entity in matters that
may be directly
adverse to the City.
-- N/A The parties
acknowledge that the
attorney is a private
practitioner
practicing with the
firm of … and there
exists the possibility
that private clients of
that firm may conflict
from time to time
with the
representation of the
City. The Attorney
shall undertake
representation of any
other clients directly
adverse to the City.
agrees that neither
he, nor any of the
members of his firm,
shall accept any
employment that
would create a
conflict of interest
with his
representation of the
City as set forth in
Canon 5 of the
Florida Codes of
Professional
Responsibility.
Services not
anticipated in
ours
Occasional
attendance of City
Manger run staff
meetings
-- -- Retainer includes all
meetings, unlimited
phone conversations
with Commissioners
and City Manager
plus brief telephone
conferences of less
than 12 minutes with
Dept. Heads.
Includes up to 1 hour
of research per
Commissioner per
month arising out of
telephone
conversations
between
Commissioners and
attorney. Does not
include TCs relating
to litigation. In the
event that attorney
time for retainer
matters does not
meet or exceed 30
hours in any month,
the City will be given
Attorney shall
provide
administration,
oversight and review
of all special counsel
engagements
including those
involving other law
firms or attorneys or
use of consultants
necessary to support
all special counsel
engagements.
Quarterly Litigation
report
Annual report on
available revenue
sources and potential
revenue strategies
20 hours per week
minimum
City designates City
-- Full time attorney --
a credit . Manager to provide
policy direction and
instructions to the
Attorney in the
administration of its
duties.
Prepared by Catherine Berry, Esq.
March 4, 2016
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Bartle, Donna
From:Berry, Cathy
Sent:Thursday, March 03, 2016 11:00 AM
To:Elected Officials; Van Liere, Nelson
Subject:Finalists Chart
Attachments:Finalists Chart.docx
I’ve redone the chart I drafted for use at the first meeting to just include the two finalist firms, put it on letter‐size paper
and included a place for notes. Please let me know if you’d like me to make further revisions.
Cathy
Catherine Berry, Esq.
Human Resources Director
(904) 247‐5890
Brief Summary of RFP Proposals for City of Atlantic Beach City Attorney Finalists
GrayRobinson, P.A.
Patrick W. Krechowski ,
Esq.
50 North Laura Street
Suite 100
Jacksonville, FL 32202
(904) 632-8463
Patrick.krechowski@gray-
robinson.com
NOTES Lewis Longman &
Walker, P.A.
Brenna M. Durden, Esq.
245 Riverside Avenue,
Suite 150
Jacksonville, FL 32202
(904) 353-6410
bdurden@llw-law.com
NOTES
Compliant Response? Yes Yes
Website: www.gray-robinson.com
www.llw-law.com
Firm Makeup: 300 employees in 13
offices in Florida.
Statewide law firm with
four offices in Florida.
Firm Practice: Extensive Extensive governmental
practice
Firm Established: 1970 1994
Lead Attorney
admitted to bar:
October, 1998 November, 1985
Member in good
standing?
Yes Yes
Education: Nova Southeastern UF Law 1985
Legal Experience: Atty for Neptune Beach
Fidelity National Title
Asst Attorney General
(criminal)
Asst General Counsel –
FDEP and St. Johns River
Water Mgmt District
Shareholder, LLW
Shareholder, Mahoney,
Adams & Criser 1987-
1997
Asst Counsel, City of Jax
1985-1987
Experience
representing
municipalities?
Yes – Neptune Beach 2/11
to present
Firm - Extensive
Yes – City of Jax
Fee Proposal: Hourly rate for attorney:
$250
Monthly rate excluding
litigation: $9000
Hourly rate for attorney:
$250
Associates: $200
Paralegals and clerks:
$150
Travel time= ½ hourly rate
Plus itemized costs and
expenses to include
computer research and
copy =$.10/page
Lobbyists?
Yes, not to include AB
Team
Yes, not to include AB
Team
Possible Conflicts? Attorney for the City of
Neptune Beach
References:
City of Neptune Beach
Harriet Pruette, Mayor
hpruette@neptune-beach.com
(904) 571-1755
City of Neptune Beach
Andy Hyatt, City Manager
ahyatt@neptune-beach.com
(904) 270-2400
City of Green Cove
Springs
L. J. (Jim) Arnold, III, City
Attorney
lja3@bellsouth.net
(904) 264-3627
City of Jacksonville Beach
Susan S. Erdelyi, City
Attorney
serdelyi@marksgray.com
(904) 398-0900
St. Johns County, Florida
Patrick McCormack, County
Attorney
pmccormack@co.st -
johns.fl.us
(904) 209-0805
Municipal Servic e District
of Ponte Vedra Beach
Gary Jurenovich, Chairman
gvich@att.net
(904) 285-2221
Catherine Berry, Esq.
March 3, 2016
Please see RFP proposals for complete and accurate information.