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HomeMy WebLinkAboutLewis, Longman, & Walker Engagement Letter for Pension Attorney Services - 2024 03 22Attorneys at Law Ilwdaw.com REPLY TO: TALLANASSEE February 15, 2024 City of Winter Springs c/o Brian Dunigan Director of Operations 1126 East State Road 434 Winter Springs, FL 32708 bdunigan@winterspringsfl.org Re: Legal Representation of City of Winter Springs —Pension Matters (LLW File 0967-001) Dear Mr. Dunigan: Lewis, Longman &Walker, P.A. ("LLW") has represented the City of Winter Springs on pension matters since 2001, and a new engagement agreement is now needed. The purpose of this Agreement is to document the terms of our professional relationship. A solid attorney -client relationship is built on a clear understanding of the terms of the relationship. Therefore, I ask that you review this letter with care and then either confirm your agreement to these terms or state any different or additional terms that the City would like us to consider. 1. Client. Unless and until agreed by all parties in writing, LLW's only client in this matter is the City of Winter Springs, whose primary address is 1126 East State Road 434, Winter Springs, FL 32708. 2. Services. LLW will provide advice and representation to the City on pension matters, as requested by the City. Any additional matters that the City may asl< us to undertake must be covered by a separate Engagement Agreement and will require a separate conflict check. 3. Professional Fees. I will be the shareholder in charge of this matter, and I will be primarily responsible for providing and supervising the legal services required. My hourly rate for public pension matters is $405.00. 1 will be responsible for ensuring that this matter is staffed in a manner adequate and appropriate to the requirements of the representation. The rates for other LLW attorneys range from $275.00 to $405.00 per hour. The rate for paralegals/law clerks is 1ACKSONVILLE ST. PETERSBURG TALLAHASSEE TAMPA WEST PALM BEACH 245 Riverside Ave. 100 Second Ave. South 315 South Calhoun St. 301 West Platf St. 360 South Rosemary Ave. Suite S10 Suite 501-S Suite 830 Suite 364 Suite 1100 Jacksonville, FL 32202 St. Petersburg, FL 33701 Tallahassee, FL 32301 Tampa, FL 33606 West Palm Beach, FL 33401 T:904.353.6410 T:727.245.0820 T:850.222.5702 T:813.775.2331 T:561.640,0820 F:904353,7619 F:727.290.4057 F:850.224.9242 F:561,640,8202 See Things Differently"`' City of Winter Springs February 15, 2024 Page 2 $240.00 per hour. These rates will be in effect through December 2024 and are subject to change in January of each subsequent year. If rates are changed the City will be notified. 4. Communication and Cooperation. In order for us to serve as the City's counsel, it is essential that we are able to contact the City, and that the City respond to our requests for inforrnation or documents as expeditiously and completely as possible. We may also require client personnel be made available to meet with us in relation to representing the City in this matter. It is my understanding that Brian Dunigan will be the City's primary client contact for this matter. I can be reached by telephone at 850-597-0744 or by e-rnail at gthomas@llw-law.com. I endeavor to return all telephone calls or e-rnails within 24 hours during the business week; however, if the City is ever unable to reach me, please contact my assistant, Elizabeth, by telephone at 850-222-5702 or by e-mail at esirman@llw-law.com. 5. Costs. LLW will charge the City for direct costs incurred on the City's behalf for this representation. 6. Billing and Payment. We will bill the City on a monthly basis for professional services rendered and expenses incurred in connection with this matter. Our services will be billed in tenth of an hour increments rounded up to the nearest increment, with a minimum entry for the task of one tenth of an hour. The City agrees to pay the amount of each invoice in full in accordance with Florida's Prompt Payment Act (Section 218.70, etc., Fla. Stat.). Payments received will be applied to the outstanding invoices specified by the payrnent. if a specific invoice is not specified, the payment will be applied to the oldest outstanding invoice. If you have any questions about an invoice or if the City disputes any items or any invoice, the City agrees to notify me in writing within fifteen (15) days of the billing date of the question or concern. If no issues are raised within this time period, the firm will assume the City does not have any dispute with the invoice. 7. Public Records. LLW will keep and maintain public records required by the City to perform the service. However, the parties agree that the nature of the retention contemplated herein does not render LLW a "public agency" within the meaning of the term in Chapter 119, Florida Statutes. Upon request of the City's custodian of public records, as identified in the next section, LLW will provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 4885-7809-9032, v. 1 City of Winter Springs February 15, 2024 Page 3 For public records requests that require significant administrative time or the use of technology to fulfill, LLW will prepare an estimate of the cost of fulfilling the public records request and provide same to the City in writing. If the City has a policy regarding the manner of calculating charges for significant administrative time or the use of technology, LLW will follow the policy in developing the cost estimate. The City's policy will be attached hereto upon execution by the City. If the City does not have a specific policy for calculating charges for significant administrative tirne or the use of technology, LLW shall develop the estimate based on LLW's actual cost. Significant administrative time will be considered time in excess of 30 minutes. Labor costs shall be estimated based on 1.25 x the hourly rate of the lowest paid LLW member capable of performing the work. The cost of technology shall be estimated based on actual cost, with no mark-up. LLW will ensure that public records maintained or created in connection with this representation that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement term and following completion of the representation if LLW does not transfer the records to the City. Upon completion of the representation, LLW shall transfer, at no cost to the City, all public records in possession of LLW related to the representation, in the format in which those records were ordinarily kept, provided that all electronic records shall be produced to the City in a format that is compatible with the City's information technology systems. If the City desires the records to be transferred in a format that is different than the above -referenced format, LLW shall prepare a cost estimate for the records conversion upon request and provide the converted records to the City upon approval of the cost estimate. LLW shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. LLW may retain duplicate copies of non-exempt and non - confidential public records after the record copies are transferred to the City. If the City receives a public records request for materials the record copies of which are maintained by LLW, the City shall immediately notify LLW of the request in writing. LLW will provide the records to the City, or allow the records to be inspected or copied within a reasonable time, as directed by the City. If the City desires for LLW to review the records for responsiveness and/or exemption/privilege, the City shall advise LLW of its desire in writing and LLW shall provide the service at the rates provided herein. If the City should direct LLW to "certify' a public record, the City should provide LLW with direction on the desired format of such certification along with the records request. 4IIII5-7309-9032, v. 1 City of Winter Springs February 15, 2024 Page 4 1126 East State Road 434 Alinter SrpIngs,, FL 32708 Aalling Address 9. Representation of Other Clients; Conflicts. From time to time Lewis, Longman &Walker attorneys represent clients before various governmental entities in zoning, land use, water- r-elated, environmental, short-term rental and other non -retirement matters. It is possible that our attorneys may undertake the representation of clients in future zoning, land use, water - related, environmental, short-term rental or other matters that may involve the City or come before the City Commission or City boards. Neither I nor any attorney who may perform pension work for the City will be involved in any such matters, and the firm's representation of clients in such matters will not limit the exercise of my independent professional judgment, or that of any other attorney who may work on pension matters, with respect to the matters we will be handling for the City. Accordingly, the City agrees that it will not seek to disqualify Lewis, Longman & Walker, P.A. from representing firm clients in zoning, land use, water -related, environmental, short-term rental or other non -pension matters that may involve or come before the City or its boards. We will notify the City if a potential conflict should arise with respect to our firm's representation of any clients in the future, and we recognize that the City reserves the right to terminate our services at any time. LLW engages in legislative lobbying efforts on behalf of numerous public and private clients, individuals, corporations, local governments and industry associations, including short-term rental entities. Further, while the Firm works to inform all of its clients of its lobbying efforts and does regularly pursue matters that are supportive of local governments, it is understood that the political process inherently produces differences of political opinion. Such political differences oc;a,in,i 4885-7809-9032, v. 1 City of Winter Springs February 15, 2024 Page 5 may not amount to a conflict of interest under the Rules of the Florida Bar, but we recognize that the City reserves the right to terminate our services at any time. We sincerely thank you for choosing LLW to assist in this matter. If the City agrees with tlIU foregoing terms and conditions, please sign in the space provided at the bottom of this Agreement, return a copy to me, and retain a copy for the City's records. On behalf of LLW, I look forward to assisting the City in this matter. Sincerely, Glenn E. Thomas Shareholder Lewis, Longman & Walker, P.A. ACCEPTED BV: City By: [PRINT NAME] Al (TITLE] [DATE] [Email Address] ( 07) J95- 9? 57 [Work Telephone Number] [Cell Phone Number] alS�sii7-i 4885-7809-9032, v. 1 City of Winter Springs February 1S, 2024 Page 6 BILLING CONTACT: [PRINTED NAME] [EMAIL ADDRESS [WORK TELEPHONE NUMBER] [CELL PHONE NUMBER] 4885-7809-9032, v. 1