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HomeMy WebLinkAboutAgreement_Pension General_05/04/2009 TEQUESTA GENERAL EMPLOYEES' PENSION TRUST FUND AND THE LAW OFFICES OF PERRY $c 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 GENERAL EMPLOYEES' 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 GENERAL EMPLOYEES' 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. Employmentof Legal Counsel. The Trustees herebyemployTHE LAW OFFICES OF PERRY &JENSEN, LLC as legal counsel to the Fund and its Trustees. Page 1 of 3 2. Fee Schedule. For services under this Agreement, the Legal Counsel shall be 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 Agreement supersedes all prior agreements with the Legal Counsel, oral or written. 6. Execution. This Agreement may be executed in counterparts. Page 2 of 3 7. Insurance. The Firm will maintain at least a $1,000,000.00 legal malpractice insurance policy during the term of this agreement. Binder will 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 GENERAL PE ION TRUST F ND ~~ EMPLOYEES' THE LAW OFFICES OF PERRY & JENSEN,LLC ~' Bonni S. Je en ~l -~ ~~ Date Chairman _ /~~~~~C'/IGGt Secretary ~= ~~ ~~~ Date WITNESS: ~c ~~. As to Trustees WITNESS As to BSJladt April 24, 2009 H:\Tequesta GE 1012\Vendors\Atty\2009 LOPJ Agmt.wpd Page 3 of 3 The Law Offices of Perry & Jensen, LLC 400 Executive Center Drive, Suite 207 West Palm Beach, Florida 33401 2008 FEE SCHEDULE (Effective June 75, 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:\All Miscellaneous\ALL BOARDS\2008\Atty FEES\2008-LOOPJ Fee Schedule.wpd