HomeMy WebLinkAboutAgreement_Pension Public Safety_05/04/2009TEQUESTA PUBLIC SAFETY OFFICERS' PENSION TRUST FUND
AND
THE LAW OFFICES OF PERRY & JENSEN, LLC
This Agreement for legal services, effective June 15, 2008 was entered into by and
between the Board of Trustees ("Trustees") of the TEQUESTA PUBLIC SAFETY
OFFICERS' PENSION TRUST FUND ("Fund") and THE LAW OFFICES OF PERRY &
JENSEN, LLC ("the Firm")
WITNESSETH:
WHEREAS, the Village of Tequesta has enacted a pension plan, providing for the
creation and operation of the TEQUESTA PUBLIC SAFETY OFFICERS' PENSION
TRUST FUND ("the Fund"); and
WHEREAS, the Pension Plan provides that the Trustees are solely responsible for
administering for the Fund; and
WHEREAS, the Pension Plan provides that the Trustees are required to engage the
services of professional legal counsel to assist and advise the Trustees in the performance
of their duties; and
WHEREAS, the Trustees desire that the Firm serve as Counsel with respect to the
Fund, and the Firm is willing to so serve.
NOW THEREFORE, in consideration of the mutual agreement herein contained, it
is covenanted and agreed as follows:
1. Employment of Legal Counsel. The Trustees hereby employTHE LAW OFFICES
OF PERRY &JENSEN, LLC as legal counsel to the Fund and its Trustees.
2. Fee Schedule. For services under this Agreement, the Legal Counsel shall be
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entitled to receive from the Trustees a fee for legal services rendered on behalf of
the Fund and its Trustees at a rate of $200 per hour for attorney time, plus any
costs necessarily incident to representation by the Legal Counsel. This fee was
effective June 15, 2008 and was guaranteed for one year. Attached as Exhibit A
is the schedule of fees and costs.
3. Services Provided. The legal services covered under this agreement shall include
but not be limited to the following: attendance at all regular meetings of the
Trustees; response (whether written or verbal) to all written and telephone inquiries
from trustees and fund service providers, including any legal research necessary;
drafting, review and revision of all contracts with service providers; preparation of
Fund amendments as necessary; drafting of policies and procedures necessary to
guide the trustees in performing their duties; review and advise on all unusual
pension applications, such as disability pension applications; litigation, any hearings
held by the pension board, preparation of IRS applications, drafting of a restated
pension plan and any other legal work required by the Board.
4. Legal Counsel Contacts. Primary attorney responsible for providing services shall
be Bonni S. Jensen.
5. PriorAgreements. This AgreementsupersedesallprioragreementswiththeLegal
Counsel, oral or written.
6. Execution. This Agreement may be executed in counterparts.
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7. Insurance. The Firm will maintain at least a $1,000,000.00 legal malpractice
insurance policy during the term of this agreement. Binderwill be provided annually
to the Board of Trustees.
8. Term and Termination. This agreement is at will and can be terminated by either
party in accordance with the Firm's ethical obligations to the Fund.
9. Fiduciary Responsibility. The Firm acknowledges that it is a fiduciarywith respect
to the Board of Trustees in accordance with the Rules Regulating the Florida Bar.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date(s) indicated below.
TEQUESTA PUBLIC SAFETY
OFFICERS' PENSION TRUST FUND
Chairman
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re ary
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Date
WITNESS:
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s to Trustees
THE LAW OFFICES OF PERRY &
JENSEN, LLC
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Bonni S. Je se '
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Date
WITNESS:
Co ti
As to L al Counsel
BSJ/ka
April 24, 2009
H:\Tequesta PS 1011\VendorsWtty\2009 LOPJ Agmt.wpd
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The Law Offices of Perry & Jensen, LLC
400 Executive Center Drive, Suite 207
West Palm Beach, Florida 33401
2008 FEE SCHEDULE
(Effective June 15, 2008)
COSTS/FEES AMOUNT PER
Attorney Fees $200 Hour
Legal Assistant $ 75 Hour
Office Assistant $ 25 Hour
Travel Time* $100 Hour
Photocopies $0.25 Page
Faxes (no change) $0.50 Page
Postage and Shipping charges will continue to be billed at the current rates
set by the service providers. (No change)
*Travel time will not be billed to this Fund for local travel. Travel time is billed only when
traveling on behalf of the Fund outside of Palm Beach County.
H:\Tequesta PS 1011\Vendors\Atty\LOPJ 2008-CURRENT Fees-no trvl.wpd