Amended Item 3A - Contract for City AttorneyAGENDA ITEM:
SUBMITTED BY:
DATE:
STRATEGIC PLAN:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Recruitment of City Attorney
Catherine Berry, J.D., Director of Human Resources
March 14, 2016
None
AMENDED AGENDA ITEM #3A
March 14,2016
BACKGROUND: In a special called meeting on March 8, the Commission voted to
direct the City Manager to negotiate a contract with the firm of Lewis, Longman and Walker,
P.A., which he has done. The contract, a copy of which is attached, provides for compensation
in a hybrid format as follows: lewis, Longman and Walker will attend All City Commission
meetings, Special Called Commission Meetings, Code Enforcement Meetings and Community
Development Board meetings and prepare for such meetings, for a monthly retainer of $4500,
which is $225/hour, for up to 20 hours. All other services are "non-retainer services" and shall
be billed at an hourly rate of $250 an hour in time increments of .10 hours. Paralegal time shall
be billed at $150 an hour and an associate's time will be billed at $200 an hour. Litigation
services in Federal or State Court, if any are requested, shall be billed at $250 an hour.
Lobbying, pension and public finance/bond services shall be provided, upon request, at
negotiated rates. Preapproved out-of-pocket costs will be reimbursed. Travel time or mileage
in Duval County will not be charged and outside of Duval County will be billed at one half (1/2)
the agreed hourly rate. LLW will be responsible for advising the City Manager when fees and
costs reach $7,000 a month. Compensation mav be negotiated on an annual basis.
RECOMMENDATION: The City Manager be directed to enter into the attached contract
with Lewis, Longman and Walker, P.A. on behalf of the City.
ATTACHMENTS: Contract for Legal Services
BUDGET: $96,000 currently budgeted for legal services
REVIEWED BY CITY MANAGER: ~n 4, ~":«
CONTRACTFORLEGALSERVICES
AMENDED AGENDA ITEM #JA
March 14, 2016
THIS CONTRACT FOR LEGAL SERVICES, hereinafter referred to as the "Agreement," is
made and entered to be effective this 16th day of March, 2016, by and between the City of Atlantic
Beach, Florida, hereinafter referred to as the "City" and Lewis, Longman & Walker, P.A., hereinafter
referred to as "LL W."
Recitals
A. The City is a political subdivision of the State of Florida, and maintains its principal place of
operations at the City of Atlantic Beach City Hall, 800 Seminole Road, Atlantic Beach, Florida
32233.
B. LL W is a Professional Association organized and existing under the laws of the State of Florida,
and has its local place of business and office at 245 Riverside A venue, Suite 150, Jacksonville, FL,
32202.
C. LL W was the successful responder to RFP # 16-02, issued by the City of Atlantic Beach on January 26,
2016.
D. Pursuant to the terms of the RFP, the parties have negotiated the terms and conditions contained in this
agreement.
THEREFORE, in consideration of the premises and mutual covenants expressed herein and
pursuant to the RFP response submitted by LL W, and for other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged by the parties, the parties agree as follows:
1. Recitals
The recitals outlined above are true and correct and are incorporated into and made a part of this
Agreement.
2. Incorporate by Reference
The parties hereby incorporate by reference into this Agreement the City's needs and requirements
detailed in RFP #20 16-02, as well as LL W' s response to the RFP, considered by the City Commission.
Further, LL W agrees to perform any and all services pursuant to this Agreement in a professional
manner consistent with and as presented in LL W' s response to RFP #20 16-02.
3. Position
The City hereby engages LL W to serve as and to perform the duties and responsibiliti~s of City
Attorney pursuant to the Charter of the City of Atlantic Beach and the general laws of the State
of Florida. LL W designates and the City accepts Brenna M. Durden, Esq. as the primary attorney
for City legal work. Brenna Durden may utilize the services of other attorneys and staff in LL W
as she deems appropriate for City legal work. Any attorney designated in Brenna Durden's
absence shall meet the minimum requirements outlined ~ RFP #20 16-02.
4. Services to be Performed
AMENDED AGENDA ITEM #3A
March 14, 2016
A. General. LL W shall serve as the City Attorney, who shall act as legal advisor to, and
Attorney and counselor for, the City and all of its officers in matters relating to and within
the scope of their official duties. All of the resources of LL W will be available to support
that role. Specifically, Brenna Durden, Esq. will have the assistance, when necessary, of other
members of LL W, secretarial staff, paralegals, law research and technical support. It is
expected that Brenna Durden, Esq. or her designate will provide such duties required
pursuant to the Charter of the City of Atlantic Beach and the general laws of the State of
Florida.
B. Legal Services: The legal services to be provided on a recurr-ing basis may include but will
not be limited to the following:
1. To perform the duties and responsibilities pursuant to the Charter of the City of Atlantic
Beach and the general laws of the State of Florida.
2. Advise, research, assist and render written opinion, when requested, to the City on a wide
variety oflegal areas including but not limited to: general municipal law, labor law, general,
state and federal laws relating to municipal government, intergovernmental relations and rules
and regulations.
3. Legal advisor and counselor for all departments and all of its officers in matters relating to
their official duties.
4. Prepare, review, or advise on all contracts, bonds, and all other legal and official instruments
in which the Municipality is concerned and shall endorse on each his approval of the form and
corr-ectness.
5. Review all agenda items.
6. Advise, research and assist the City on a wide variety of legal areas including hqt not limited
to: grants, budgets, bonds, user fees, impact fees, franchise fees, property taxes, special
assessments, public disclosure issues, and laws against discrimination.
7. Advise, research and assist the City on a wide variety oflegal areas including but not limited
to: housing, subdivision and land use law, comprehensive planning, zoning regulations and
property rights, eminent domain, economic development activities, public utilities, code
enforcement, building codes, real estate law, annexations.
8. Advise, research and assist the City on a wide variety oflegal areas including but not limited
to: contract law, environmental law, franchise law, municipal leases, purchasing and
procurement.
9. Advise, research and assist the City on a wide variety of legal areas including but not limited
to: personnel matters including collective bargaining, union negotiations, arbitration,
employee grievances, including advice on the creation of policies and procedures.
10. Advise, research and assist the City on a wide variety oflegal areas including but not limited
to: criminal prosecution, litigation and trial activity, tort law and proactive methods to avoid
litigation.
11. Code Enforcement Board attorney.
12. Prosecute and defend on behalf of the City all complaints, suits and controversies in which the
City is a party except where the City's defense is provided either by contract or law by a third
party.
J 3. Furnish the City Commission, the City Manager and the head of any department, his opinion
on any question of law relating to any matter concerning their respective power and duties.
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AMENDED AGENDA ITEM #3A
March 14, 2016
14. Advise the City Commission as to their compliance or non-compliance with the provisions of
the Charter and Florida Statutes.
15. Attend all meetings of the City Commission, either in person or by his duly desi~ated
representative to supply those legal services as may be needed during the meeting.
16. Provide Counsel and legal services for City boards, task forces and committees duly
authorized by City Commission.
17. Assist the City in preparation, drafting, revisions of codes, ordinances, resolutions,
amendments, leases, policy and procedural manuals, and other documents at the request of the
City Commission and/or City Manager.
18. Assist, revise, review and/ or advise with acquisition requirements with appropriate
departments, evaluate any special legal or cost problems, develop acquisition timetables,
make preliminary cost estimates and obtain or develop proper legal descriptions of real estate
transactions. Prepare documents necessary for routine land purchases and/or sales. All such
transactions shall be deemed to be routine unless the Attorney contacts the City in advance
and obtains the City's approval that the transaction contemplated is non-routine.
19. Submit, as part of the annual budget process, anticipated expenditures, and revenues.
20. Provide monthly report to City Manager summarizing legal services activities.
21. Provide all required documentation to the external auditor as part of annual audit.
22. Coordinate and supervise specialized legal services provided by outside counsel.
23. Keep the City Commission, City Manager, and City Clerk informed oflegislation or judicial
opinions that have potential impact to the City.
24. Meet with City Manager and/or designee on an as needed basis to provide for the operational
necessity ofthe City.
25. Assist in preparation, drafting, revisions of contracts, amendments to the contracts and other
legal documents at the request of the commission and/or City Manager.
26. Advise City Commission, City Manager and City Clerk at least once a year on Svnshine Law
and public records law, home rule, legislative and quasi-judicial bodies; and all other areas of
municipal law, legislative and judicial opinions that could potentially impact the City.
27. Perform any other duties as assigned by the City Charter, or as directed by the City
Commission.
5. Compensation. The City shall pay LL W the following compensation for the various types of
legal services provided by LL W:
Brenna Durden, Esq. (or her designee when she has an unavoidable scheduling conflict) will
attend All Regular City Commission meetings, Special Called Commission Meetings, Code
Enforcement Board Meetings and Community Development Board Meetings and prepare for
such meetings, up to twenty (20) hours per month for a monthly retainer of $4,500 ($225/hour).
If more than twenty (20) hours in any given month is required to provide these services, then
LL W shall bill an hourly rate of $250 for any time over twenty (20) hours. All other services are
"non-retainer services" and shall be billed at an hourly rate of $250 in time increments of .10
hours. Paralegal time shall be billed at $150 an hour and associate time will be billed at $200 an
hour. Litigation services in Federal court, State court or administrative hearings, or if!
anticipation of litigation, if any are requested, shall be billed at $250 an hour. Lobbying, pension
and public finance/bond services shall be provided, upon request, at negotiated rates.
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6. Billing
AMENDED AGENDA ITEM #3A
March 14, 2016
Costs: Preapproved out-of-pocket costs incurred by LL W, such as for courier fees, court reporter
fees, etc., will be reimbursed to LL W within 30 days of City's receipt of an invoice. Westlaw is
only charged if necessary to reimburse for costs incurred outside the regular plan with prior
approval of the City. Per diem travel will only be charged if pre-approved by the City Manager.
LL W shall not charge for secretarial services. Travel time or mileage to and from all City
functions located inside Duval County will not be charged. Travel time and costs to functions
located outside Duval County will be billed in accordance with Chapter 112, Florida Statutes,
and at one half (1/2) the agreed hourly rate.
LL W will be responsible for advising the City Manager when fees and costs reach $7,000 a
month.
Compensation may be renegotiated on an annual basis.
LL W will submit an itemized statement to the City for each month for Legal Services and
payment shall be due upon receipt.
7. Controlling Law
This Agreement and the validity, execution, construction, interpretation, performance and
enforcement thereof shall be governed by the substantive and procedural laws of the State of
Florida. Venue shall be in Duval County.
8. Termination
Either party may terminate this agreement without cause at any time. The City will be obligated to pay
LL W for all work completed as of that date. LL W will be obligated to continue representation in, and
be compensated at the applicable rate, for all critical matters until new representation can be found, to
provide the City with all documentation and files relating to matters of the City and all of its other
obligations under the Rules Regulating the Florida Bar.
9. Severability
The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of
any other provision. In the event that any provision of this Agreement is held to be invalid, the
remaining provisions shall be deemed to be in full force and effect as if they had been executed by
both parties subsequent to the expungement or judicial modification of the invalid provision.
10. Integration
The Agreement sets forth and establishes the entire understanding between the City and LL W
relating to the engagement of LL W by the City. Any prior discussions or representations by or
between the parties are merged into and rendered null and void by the Agreement. No
amendment or modification of this Agreement shall be valid or effective unless it is in writing and
properly executed by all parties thereto.
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11. Notice
AMENDED AGENDA ITEM #3A
March 14,2016
Any notice required or permitted under this Agreement shall be sent by certified mail to (a) the
City at its principal place of operations and (b) to LL W at its local place of business and office.
12. Conflicts oflnterest
During the term of this Agreement, Brenna Durden, Esq. and members of LL W shall observe the
requirements regarding conflicts of interest as set forth in the Rules Regulating the Florida Bar and its
Rules of Professional Conduct.
13. Attorneys Fees
In any litigation, lawsuit, legal or other proceedings brought in connection with the construction,
interpretation, meaning, validity, performance or enforcement of this Agreement, the prevailing
party shall be entitled to receive all of its costs and reasonable attorney's fees from the other party.
14. Annual Evaluation
The City Commission may conduct an annual evaluation of the performance of LL W.
15. Files
All files generated as a result of this Contract are the property of the City of Atlantic Beach and
shall be turned over promptly upon request after resolution of all compensation issues.
During resolution of compensation issues, the City shall be provided liberal access to its files in order
to protect its legal interests. During the course of representation, and continuing during custody of
the City's files, LLW will comply with GS1-SL and the Florida Bar's record retention
requirements, and will comply with Chapter 119, Florida Statutes.
IN WITNESS WHEREOF, the parties executed this Agreement in Duval County, Florida, to be
made and entered into the day and year first written above.
CITY OF ATLANTIC BEACH,
a Florida municipality.
By: ____________________________ ___
Nelson Van Liere, City Manager
LEWIS LONGMAN & WALKER, P.A.
By: ________________________________ __
Brenna Durden, Esq., Shareholder
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