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HomeMy WebLinkAboutContract111) 0 SEAT" HOME OF PELICAN ISLAND AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT made and entered into this 24`h day of January 2018 by and between the City of Sebastian, a Florida Municipal Corporation (hereinafter referred to as "City') and James D. Stokes (hereinafter referred to as James Stokes) pursuant to the following terms and conditions. WHEREAS, the City desires to retain James Stokes as a part-time contractual City Attorney for the City of Sebastian; and WHEREAS, the City expects James Stokes to perform all the responsibilities and obligations required as City Attorney, as illustrated in Section III of this Agreement and pursuant to the City Charter, Codes and Ordinances, and applicable State and Federal regulations; and, WHEREAS, James Stokes is willing to enter into a relationship with the City of Sebastian to perform the services as provided; NOW THEREFORE in consideration of the mutual covenants contained herein, the City and James Stokes, hereby agree as follows: I. APPOINTMENT The City hereby appoints James Stokes as the City Attorney of the City of Sebastian effective Thursday, 25 January 2018. TERM OF AGREEMENT The term of this Agreement will continue until either party terminates the Agreement with written notice. Within the first six (6) months of James Stokes' employment with the City of Sebastian, the City shall be required to present any notice to terminate without cause with thirty (30) days written notice. Thereafter, if the City desires to terminate without cause, sixty (60) days written notice to James Stokes is required. In the event James Stokes wishes to terminate the agreement, sixty (60) days written notice is required. Written notice from the City will be presented by the City Manager as an authorized agent of the City only after such action has been directed by the City Council. III. DUTIES OF THE CITY ATTORNEY It is understood that James Stokes has been retained to act as City Attorney to provide general legal representation to the City as prescribed by the City Charter. These duties include providing legal services to the City Council and functioning as legal counsel to the City Clerk and City Manager at their request. This mission will include, but not limited to, representation in the areas of general local government law, employment law, land use law, real property law, environmental law, election law and constitutional law. Specific duties include: 1. Attendance at Regular and Special Meetings of the City Council and attendance at the meetings of the Planning and Zoning Commission. 2. Attendance and representation of the City at quasi-judicial board meetings other than City Council meetings. 3. Attendance and representation of the City at Special Magistrate hearings. Drafting of pleadings, orders, and related documents pertaining to Special Magistrate hearings. 4. Providing legal advice on general matters of the City to members of the City Council. 5. Conducting office hours as needed at City Hall for the purpose of advising the City Clerk, City Manager and City Department Head staff on general legal matters that arise while conducting the day-to-day operations of the City. The City shall provide secretarial, office space, equipment, and other administrative support for this function. Said office hours may be established by mutual consent of James Stokes, the City Clerk and the City Manager. 6. Drafting and executing resolutions, ordinances, agreements, contracts and other legal documents as required by the City Council, the City Clerk and City Manager. 7. Serving as a member of the City Investment Committee, which has oversight for the investment of City Funds. 8. Administrating the City's general liability claims. 9. Other matters that are deemed mutually agreeable between the parties that are not provided above. IV. COMPENSATION The City will compensate James Stokes at a rate of $8,250 per month, exclusive of complex litigation or matters assigned to insurance counsel. With the approval of the City Council, complex litigation will either be handled internally at a rate of $200 per hour or shall be assigned to outside counsel. Special projects may be assigned to James Stokes which may be compensated separately. This compensation includes costs that are incidental to the position such as travel, per diem and out-of-pocket expenses. The terms and conditions relating to compensation may be renegotiated by either party with thirty (30) days written notice hand delivered by petitioner to opposing party. V. INDEMNIFICATION Subject to any limitation imposed by Florida law, the City shall defend, save harmless and indemnify James Stokes against any tort, professional liability claim/demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring out of James Stokes acting within the course and scope of his duties as City Attorney. VI. GOVERNING LAW The Agreement shall be subject to and governed by the laws of the State of Florida and venue for its enforcement shall be in Indian River County, Florida. VII. MODIFICATIONS No provision of this Agreement may be changed or modified except by written agreement executed by both parties hereto. VIII. ENTIRE AGREEMENT The Agreement constitutes the entire Agreement between the parties and contains all the Agreements described herein between the parties with respect to the subject matter hereof. Said Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this Agreement, not withstanding Section V herein. IX. NOTICES All notices, consents, requests, instruction, approvals and other communications provided for herein shall be validly given, made or served in writing and delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested, to the hereinafter designated address: To the Employer: City of Sebastian Attn: Mayor 1225 Main Street Sebastian, Florida 32958 With Copy to: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, Florida 32958 To City Attorney: James D. Stokes, Esq. X. ENFORCEMENT In the event that it should become necessary for either party to retain the services of an attorney to enforce the terms of this Agreement, the prevailing party in any litigation which is brought on this Agreement shall be awarded all of its costs and expenses including but not limited to reasonable attorney's fee. This provision shall apply to such expenses incurred at the trial and all appellate levels, without respect to who is the initiating party and shall apply to an action for declaratory relief if the party instituting its asserts specific contentions concerning the Agreement which are filed upon the Court. IN WITNESS WHEREOF, the City of Sebastian has caused this Agreement to be executed by its Mayor and duly attested by its City Clerk and James Stokes has executed this Agreement, as of the day and year first above written. CITY OF SEBASTIAN, A Florida municipal corporation Jars D. 9tokes City Attorney ATTEST: WAJC.�t,A.yY� nette Williams, MMC City Clerk