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HomeMy WebLinkAbout1999 12 13 Regular Item A COMMISSION AGENDA ITEM A Consent Informational Public Hearings Regular X December 13, 1999 Regular Meeting ~ Mgr. / Dept. Authorization REQUEST: City Manager requesting the City Commission to approve a contract of services with Anthony A. Garganese, Esquire of Amari & Theriac, P,A. to perform the duties of City Attorney of the City of Winter Springs. PURPOSE: The purpose of this agreement is to formalize the appointment of the City Attorney and related terms and conditions of the appointment. CONSIDERATIONS: On September 27, 1999 the Commission approved the appointment of Anthony A. Garganese, Esquire of Amari & Theriac, P ,A. to fill the position of City Attorney. The Commission directed the City Manager to work with Mr. Garganese in preparing a contract formalizing the terms and conditions of the appointment. FUNDING: No additional funding is required. ~~ CITY OF WINTER SPRlNGS REGULAR MEETING - DECEMBER 13, 1999 REGULAR AGENDA ITEM "A" PAGE 2 OF 2 STAFF RECOMMENDATION: It is recommended that the Commission review and approve the proposed contract with any amendments it deems appropriate. ATTACHMENTS: A. Proposed Contract COMMISSION ACTION: >. AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES is entered into between ANTHONY A. GARGAN ESE, ESQUIRE OF AMARI & THERIAC, P.A. (hereinafter: the "City Attorney"), 96 Willard Street, Suite 302, Cocoa, Florida 32922 and THE CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation, whose post office address is 1126 East State Road 434, Winter Springs, Florida 32708 (the "City"). This Agreement shall bind the parties upon its execution by their representatives and shall become effective upon the date of the last signature. RECIT ALS: WHEREAS, on September 27, 1999, pursuant to Section 6.02, City of Winter Springs Charter, the City Attorney was appointed by the Mayor and approved by the City Commission to serve as the City's City Attorney; and WHEREAS, the City Attorney is Florida Bar Board Certified in the area of city, county, and local government law and has the expertise necessary to continue to perform the duties and responsibilities outlined in this Agreement; and WHEREAS, the City Attorney desires to provide legal services to the City and the City desires to receive such services; and WHEREAS, the parties mutually desire to finalize in writing this Agreement for legal services; and WHEREAS, the City Commission finds this Agreement is in the best interests of the public health, safety, and welfare of the City of Winter Springs. NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the parties agree as follows: 1.0 ENGAGEMENT OF THE CITY ATTORNEY. The City hereby engages the City Attorney, and the City Attorney agrees to perform the services set forth below. The City Attorney understands and agrees that all services contracted for are to be performed solely by the City .. \'- . Attorney and may not be subcontracted for or assigned unless provided in this 2.0 SCOPE OF SERVICES. A. City Attorney agrees to represent the City in all legal proceedings and will perform all other duties assigned by the City Commission in accordance with City of Winter Springs, City Charter, Section 6.02, and any amendments or modifications thereto. In furtherance of the responsibilities designated under the City Charter, the City Attorney agrees under the direction of the Winter Springs City Commission and Winter Springs City Manager to perform certain professional legal services more particularly described as follows: 1) Prepare and file pleadings, motions, or briefs which may be required and represent the City in any and all litigation (including but not limited to actions brought by or against the City in a judicial or administrative forum and all appeals), except such actions as may be assigned to special counselor be covered by an insurance policy naming the City as the insured or actions jointly defended with the City of Winter Springs; 2) Initiate and conduct discovery including depositions on behalf of the City and represent the City in discovery initiated by opposing parties; 3) Represent the City and attend City Commission meetings (unless excused from attendance by the City Commission); 4) Draft/R.eview ordinances, resolutions, contracts, and correspondence relating to the transaction of City business and affairs; 5) Perform legal research and render legal advice; 6) Review and analyze City legal files, data, documents and other materials concerning the matters referenced in this paragraph and advise on recommended legal course of action; 7) Attend and participate in meetings, conference calls, field trips or similar functions and report on the status of the legal matters; 8) Act as an intermediary and legal advisor for the City when special counselor insurance defense counsel is appointed to represent the City in any legal proceeding; 9) Assist in bond transactions and 2 bids; 10) Act as City Attorney pursuant to the City's Charter and this Agreement; 11) Prepare formal legal opinions; 12) Provide legal representation, as set forth above, to City boards including the Planning and Zoning Board, Land Planning Agency, Board of Adjustment, or other Boards as required by the Winter Springs City Commission or City Manager; 13) Prosecute cases before the City's Code Enforcement and Drug Nuisance Board and defend on appeal Board decisions rendered in such prosecutions; 14) Complete real property transactions; 15) Prosecute code enforcement citations before a court of competent jurisdiction; and 16) Such other legal services required by the City Commission or City Manager. B. As City Attorney deems appropriate and in specialized matters, the City Attorney may recommend to the City use of special legal counsel for defined purposes. If recommended by City Attorney, the City Manager may approve use of special counsel for an expenditure oflegal fees payable to the special legal counsel not to exceed the City Manager's spending authority approved by the City Commission. All other requests to utilize special counsel shall be subject to prior approval of the City Commission. C. The City Attorney shall be bound by the requirements of Section 112.313(2), (4), (5), (6), and (8), Florida Statutes (code of ethics). The City Attorney shall represent no private individual or legal entity before the City in any proceeding or matter. D. As determined to be necessary by City Attorney from time to time to perform the services hereunder, the other attorneys associated with the City Attorney's law firm shall serve as Assistant City Attorneys and provide legal services in accordance with the terms and conditions of this Agreement. 3 3.0 CONSIDERATION. A. Compensation - Fees and Expenses. 1. The City shall be billed at a rate of $110.00 per hour for legal services provided under this Agreement, and $45.00 per hour for paralegals of the City Attorney (if any). Premium rates will not be paid for overtime work. Upon request by the City Attorney, the City's City Commission may be asked to review and adjust this rate of compensation. 2. Routine expenses such as local phone calls, routine copies, routine postage, local travel expenses, word processing, and clerical or secretarial services are overhead and will not be separately compensated. Although not currently charged City by City Attorney, City Attorney reserves the ability to charge for photographic copies, out-of-state long distance phone calls and facsimile transmissions (as charged by the long distance carrier), at rates commensurate with the general rate charged to other clients of the City Attorney. 3. ,Billing for services performed shall be on a monthly basis. Billable hours shall be measured in 6 minute increments. All bills shall denote what attorney conducted the work, a brief explanation of the type of work performed, the date on which the work was performed, and the amount of time expended in perfonning the work. Reimbursement of costs for items such as exhibits, title insurance commitment and policy, enviromnental studies, appraisals, surveys, transcripts and witness fees will be at cost to the City Attorney and will also be billed monthly. Billing invoices will be paid within fifteen days after receipt by City. B. Travel. In addition to the above compensation for fees and costs, justified and reasonable travel expenses which are directly and exclusively related to the professional services 4 rendered under this Agreement will be reimbursed in accordance with Section 112.061, Florida Statutes. Pursuant to Section 112.061, Florida Statutes, attorneys of the firm with whom the City Attorney practices are designated as authorized travelers during the life of this Agreement. For the purposes of computing travel expenses, the City Attorney's place of business shall be utilized for computation of all travel expenses. c. Sales Tax. The City Attorney shall not be exempted from paying Florida state sales and use taxes to the appropriate governmental agencies or for payment by the City Attorney to suppliers for taxes on materials used to fulfill its contractual obligations with the City. The City Attorney shall not use the City's exemption number in securing such materials. The City Attorney shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. The City shall reimburse the City Attorney for sales tax paid on cost items passed through to the City. D. No Pledge of Credit. The City Attorney shall not pledge the City's credit or make the City a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 4.0 DOCUMENTATION. A. The City Attorney shall submit monthly written invoices. All invoices shall be submitted to the City Manager at Winter Springs City Hall. B. The City Attorney shall maintain a file(s), available for inspection by the City Manager, containing documentation of costs and fees incurred in connection with this Agreement. The file(s) shall be maintained for a period of one year after the cost or fee is incurred by the City Attorney, unless otherwise notified in writing by the City specifying the document to be maintained. 5 5.0 PUBLIC RECORDS. As provided by Florida Statutes, anything, by whatsoever designation it may be known, that is produced by or developed in connection with this Agreement shall remain the exclusive property of the City and may not be copyrighted, patented, or otherwise restricted as provided by Florida Statutes. Neither the City Attorney nor any other individual employed under this Agreement shall have any proprietary interest in any product(s) delivered under this Agreement. The reasonable cost of preparing and photocopying the documents for the City may be charged for said services. 6.0 TERMINATION OF AGREEMENT. A. In the event this Agreement is terminated by either party for convenience or cause, all finished or unfinished documents, data, studies, correspondence, reports and other products prepared by or for the City Attorney under this Agreement shall be made available to and for the exclusive use of the City. B. The City Commission may terminate this Agreement for any reason or for its convenience (without cause) by giving written notice to the City Attorney, including the effective date of termination. The City Attorney may at any time terminate this Agreement for any reason or for convenience (without cause) by giving thirty (30) days written notice to the City, including the effective date of termination. Upon termination of this Agreement by either party, the City Attorney shall honor the provisions of Rule 4-1.16, of the Code of Professional Conduct of the Florida Bar. 7.0 CITY ATTORNEY EVALUATION. The City may evaluate the City Attorney's performance under this Agreement at its reasonable discretion and at reasonable intervals. 8.0 AMENDMENTS. Either party may, from time to time, request changes under this Agreement. Such changes which are mutually agreed upon shall be incorporated in written 6 amendments to this Agreement. 9.0 AGREEMENT AS INCLUDING ENTIRE AGREEMENT. This instrument, including any attaclunents, embodies the entire agreement of the parties. There are no other provisions, terms, conditions, or obligations. This Agreement supersedes all previous oral or written communications, representations or agreements on this subj ect. 10.0 CHARTER OFFICER. The City Attorney is a Charter officer of the City of Winter Springs. 11.0 LIABILITY. The City shall defend the actions of the City Attorney as City Attorney. The City Attorney shall maintain, during the period of this Agreement, a professional liability insurance policy or policies affording a minimum one million dollars in professional liability coverage for the professional services to be rendered to City under this Agreement. 12.0 ADMINISTRATION OF AGREEMENT. A. The City contract administrator is the City Manager. City Attorney is contractor administrator for himself and the law firnl in which he is affiliated. All written and verbal approvals referenced in this Agreement (unless specified as being required to be obtained from the City Commission) must be obtained from the parties' contract administrators or their designees. From time to time either party may notify the other, making a unilateral change in the person named by said party as the contract administrator for said party. This contract shall be governed by and construed under the laws of the State of Florida. B. Any attorney of the law firm with whom the City Attorney is affiliated may provide legal representation under this Agreement to the City, its officers and employees. The City Attorney may refer work under this Agreement to attorneys in said law firm. 7 . ., ... C. The City of Winter Springs, acting by and through its Mayor and City Commission as a collegial body, shall be considered City Attorney's client. IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the date set forth below. CITY OF WINTER SPRINGS, FLORIDA: DATE APPROVED BY CITY COMMISSION December 13, 1999 By: Paul P. Partyka, Mayor._ , I AITE~~j~ WITNESSES: e~g~ Name: f!//li/:>y de /VAle i-L PrintN~~~~~~ CITY ATTORNEY: ~ By:' ' Anthony A. Garganese, Esquire Date, '7/>/17 Print 8