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HomeMy WebLinkAboutAgreement_Pension General_06/15/2008TEQUESTA GENERAL EMPLOYEES' PENSION TRUST FUND AND HANSON, PERRY &JENSEN, P.A. ATTORNEY ENGAGEMENT AGREEMENT This Agreement, effective June 15, 2008, is entered into by and between the Board of Trustees ("Trustees") of the TEQUESTA GENERAL EMPLOYEES' PENSION TRUST FUND ("Fund") and the law firm of HANSON, PERRY &JENSEN, P.A. ("HPJ"). WITNESSETH: WHEREAS, the Fund has been established for the purpose of providing retirement and related benefits to eligible Participants and Beneficiaries and defraying reasonable expenses of administering the Fund; and WHEREAS, Ordinances of the Village of Tequesta creating the Pension Plan permits the trustees to "employ independent legal counsel at the fund's expense ..."; and WHEREAS, the Trustees desire that HPJ serve as Counsel with respect to the Fund, and HPJ 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 employ the law firm of HANSON, PERRY &JENSEN, P.A. as legal counsel to the Fund and its Trustees. 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 $200.00 per hour for attorney time, plus any HANSON, PERRY &JENSEN, P.A. West Palm Beach, Florida costs necessarily incident to representation by the Legal Counsel. This fee is effective June 15, 2008 and is 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 may include: 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 advice 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. There is no additional charge for travel time. 4. Legal Counsel Contacts. Primary attorney responsible for providing services to the Fund 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. 7. Insurance. HPJ will maintain at least a $1,000,000.00 legal malpractice insurance policy during the term of this agreement. 8. Term and Termination. This agreement is at will and can be terminated by either party in accordance with HPJ's ethical obligations to the Fund. HANSON, PERRY & JENSEN, P.A. West Palm Beach, Florida Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. OF TRUSTEES OF THE TA GENERAL EMPLOYEES IJL71 V IV ~I' l~ IV /~ ~ ~ ~ ~, ~ /J l = ~ ~- Chairman Secretary ~-4- a~ Date WITNESS: As to Trustees LAW OFFICE OF HANSON, PERRY &JENSEN, P.A. . ~ ~ l l ; --~ __._~ ~ ~ ~- ~- Bonni S. Jens~n $ - y -ag Date WITNESS: As to Legal Counsel BSJ/ka July 14, 2008 H:\Tequesta GE 1012\VendorsWtty\2008-HPJ agmt DRAFT.wpd HANSON, PERRY &JENSEN, P.A. West Palm Beach, Florida Page 3 of 3 i~ x . ~ Hanson, Perry & Jensen, P.A. 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:WII Miscellaneous\ALL BOARDS\2008\FEES\2008-CURRENT Fees-no trvl.wpd