KBG for legal servicesAGREEMENT 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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