Loading...
HomeMy WebLinkAbout2026 Stokes, James D. ContractAGREEMENT FOR LEGAL SERVICES THIS AGREEMENT made and entered into this 'R. day of January 2026 by and between the City of Sebastian, a Florida Municipal Corporation (hereinafter referred to as "City") and James D. Stokes (hereinafter referred to as Attorney) pursuant to the following terms and conditions. WHEREAS, the City desires to retain James D. Stokes as City Attorney for the City of Sebastian on a contractual basis; and WHEREAS, the City expects Attorney 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, Attorney 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 Attorney, hereby agree as follows: I. APPOINTMENT The City hereby appoints James D. Stokes as the City Attorney of the City of Sebastian effective February 1, 2026. II. TERM OF AGREEMENT The term of this Agreement will continue until either party terminates the Agreement with sixty (60) days written notice. 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 D. 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, City Manager, and City Clerk as requested. 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. Maintaining office hours for the purpose of advising the City Manager, City Clerk, and Department Directors 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. 6. Drafting and executing resolutions, ordinances, agreements, contracts and other legal documents as required by the City Council, the City Manager or the City Clerk. 7. Administrating the City's general liability claims. 8. Other matters that are deemed mutually agreeable between the parties that are not provided above. 9. Attorney shall be available 24/ 7 to the Council, City Manager, City Clerk, and Department Directors. He shall be physically in the office a minimum of three (3) days per week, in addition to the evening meetings set -forth herein, for a minimum of thirty (30) hours per week on average. Specific days of the week shall be coordinated with the City Manager to insure the most comprehensive support for City operations. Absences for vacation or continuing legal education shall be coordinated with the City Manager, but shall never be in conflict with a City Council meeting. IV. COMPENSATION The City will compensate Attorney at a rate of $16,500 per month, exclusive of complex litigation or matters assigned to insurance counsel. Attorney shall remain an independent contractor and shall not be entitled to any employee benefits. City Council retains the right to assign special projects to Attorney which may be compensated separately, or provide an earned bonus at their sole discretion. City Council shall provide an annual increase to Attorney's compensation at the same time such annual increase is provided to the other Charter Officers. V. INDEMNIFICATION As allowed by Section 111.07, Florida Statutes, and other applicable law, the City shall defend, save harmless and indemnify Attorney 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 Attorney acting within the course and scope of his duties with the City. This provision shall survive termination of this Agreement. 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. AGREEMENT FOR LEGAL SERVICES PAGE 2 OF 3 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. 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: With Copy to: To City Attorney: X. ENFORCEMENT City of Sebastian Attn: Mayor 1225 Main Street Sebastian, Florida 32958 City of Sebastian Attn: City Manager 1225 Main Street Sebastian, Florida 32958 James D. Stokes (by hand delivery) 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 attorneys 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, duly attested by the City Clerk, and James D. Stokes, as of the day and year first above written. FOR ATTO EY: J D. STOKES FOR CITY OF SEBASTIAN: FRED JONES Mayor Cathy Testa Acting City AGREEMENT FOR LEGAL SERVICES PAGE 3 OF 3