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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; tfLrr+-a[..i 1e..g.c :e p.'e czn-a`t )Acs &9Cr7 4e-e. tC0 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; 1 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 2 1 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 1 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.