HomeMy WebLinkAboutDocumentation_Regular_Tab 20_07/14/2005 ����
MEMORANDUM
DATE: 07/11/O5
TO: The Mayor and Members of Council
THRU: Michael R. Couzzo, Jr., Village Mana���.._.._-_.
FROM: Gwen Carlisle, Village Clerk�
RE: ADDITIONAL MATERIALS — VILLAGE COUNCIL REGULAR
MEETING AGENDA — JULY 14, 2005
The following agenda materials aze attached:
20. _ Council approval to enter into a Contract for Attorney Scott Hawkins with
Jones Foster Johnston & Stubbs, P.A. [Tab 20]
AGREEMENT F4R VILlAGE ATTORNEY
FQR THE VILL.AGE OF TEQUESTA, F�ORiDA
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THIS AGREEMENT, dafied this day af , 2A05,
betwesn the VI�.LAGE OF TEQUESTA, a municipal corparatian of the State of
FEorida, t�ereinaftsr referred ta as "#he Village," and .lanes, Faster, Johnston &
Stubbs, P..A. hereinafter referred to as "the Firm.."
1. TERM OF EMPL�YMENT: The Village appoints and shail empfoy
Scott G. Hawkins, Es�uire of the Firm as its Village Attorney for a filvo-year term.
This Agreement sha11 be automatically renewed for a like term unless either the�.�..�_a..�°
Village or the Firm terminates the Agreement at any #ime #e�-eat�'upan si�y
(60} days prior written notice of its in#enti�n to do sa. In the event the Agreement
is not renewed, the Firm shali be paid for the comptetion of any and all {egal
services rendered to the Vi((age in accordance with this Agreement.
2. DUTIES OF THE FIRM: The Firm shall render legal services to the
Village as may be required, including, but not limited to:
(a} Attendance at al{ regular or special meetings of the Village
Council and Vilfage Counci! Workshop meetings; attendance �f the Village's
� Plannin� and Zaning Advisory Bpard meetings as needed;
(b} The preparation or review af all ordinances, resolutians and
ather lega) instnaments far legal form and sufficiency so as to carry aut the
� Village's business and legistative affairs;
(c) The researr,h af lega! questians presented for pucposes of
rendifiion of written or oral legal opinions. The Firm shall render legal adviGe and
written or oral opinians to the ViElage Council, its Manager and Village
departments at the Council's or Village Manager's request,
(d} Such legat assistance as may be re�uired for the prpper
legaf functioning of the various departments of Village government consistent
with the Village's charter; and
(e} The representation and/ar management of li#igation involving
the Vi!lage, as direc#ed by the Vi1lage, including bond validation proaeedings.
3. COMPENSATiON: For legal services rendered by the Firm, the
Village shall pay cornpensatian based upon such hourly fees as estab(ished by
the Firm. These lega( services may include: ���
{a} Attendance at, preparation for, and travel to alt regular or
special meetings of the Village Councif, Village Council workshop rneetings at the
request af the Village Mana�er or Vi(lage Council, regular meetings of the
Planning and Zoning Advisary Board and Special Maste� Hearings as needed,
attendanae at other meetings as directed, "
(b} The preparation of, or review of, all ardinance, resplutions,
contracts and other Eegal documents, or instruments for lega! form and
suffiaiency so as to carry out the��Village's business and legislative affairs.
{c) The Village Caunci( or the Village Manager may identify
specific wark programs for the Village Attomey ta work on during #he term of this
Agreement. .
(d) A# the Village Managers or CounciPs decisian, the Firm shall
prepare officia! Vil[age documents and/o� such other (egal instruments as are
necessary ta c out the Village's business and legislative afFairs.
(e} lf this Agreement is terminated, -��#-�a�se, prior to the �
end af the t , e Firm shall be entitled to fhe fees earned as af fihe terminatian �
date. °�" .
,-- ttorney agrees fihat he shatl not be entit{�d to campensation ���
fo outine telephone onferences with the Village Manager, ��� /
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Paralegals shap be billed at $135/hour, Attorneys sha[l be billsd at no mors than
$2QO/haur for the first year of this agreement and $21 Q/hou r for the second year,
depending upon their experience and complexi#y of #he litigation or assignment.
4. EXPENSES:
(a) The Viltage shalf be responsible for a«thorized travef
expenses ou#side of Pafm Beach County.
(b) The Village shall be responsible for reimbursing the Firm for
out-af-pocket expenses, including, but nat limited to, printing or copying, postage,
court reporter services, filing fees, long distance telephane Galfs and facsimile
Gharges.
5. CONFLICTS:
(a} The Village recognizes and acknowledges that the Firm is
: engaged in a law �rm business witn a practice, which invoSves several different
lega# disciptines and multiple clienfs. The Village recognizes and acknowledges
thaf the Firm presently, oc may in the #u#tare, represent clients inctuding other
govemmenfial entities, provided there is no potential canffict of inferest as defined
by the rtales regulating The Fiorida Bar.
(b) The Village agrees to identify any actual or perceived
conflicts of interest it perceives the Firm to have and to review same with the
Firm in advance of the Firm's under�aking or continuing the representation.
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(c} The Firm hereby acknowledges and agrees ta disclose any
and a!1 potential conflicts of interest as defined by the rules regulating The Florida
Bar.
6. AMENDMENT: This Agreement shall only be amended in writing
and upon executian by the parties.
Michae{ R. Couzzo, Jr. Scott Hawkins, Esquire
Viilage Manager Village Attamey
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