07-13-2011 - Special City � off
1 G E c, 19 X ATE R r
July 6, 2011
- PUBLIC NOTICE -
The City of Edgewater City Council will hold a workshop with the Planning
and Zoning Board on Wednesday, July 13, 2011 at 6:00 p.m. in Council
Chambers, 104 N. Riverside Drive, Edgewater, FL to discuss the CRA
District.
Immediately following the workshop City Council will hold a special
meeting for the following:
1) Amending the Agreement for Legal Services between the City and
Doran, Sims, Wolfe, Ansay & Kundid
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida,
telephone number 386- 424 -2400 ext #1102, 5 days prior to the meeting date. If you are hearing or voice
impaired, contact the relay operator at 1- 800 - 955 -8771.
FIRSTSECOND AMENDED AND RESTATED
AGREEMENT FOR LEGAL SERVICES
This AGREEMENT is entered into on the day of October, 2010 July, 2011,
between the CITY OF EDGEWATER, FLORIDA, whose mailing address is P.O. Box
100, Edgewater, Florida 32132 -0100 (hereinafter referred to as the "CITY "), and
DORAN, SIMS, WOLFE, ANSAY & KUNDID, whose mailing address is P.O. Box
15110, Daytona Beach, Florida 32115 (hereinafter referred to as the "FirmIRM ").
WITNESSETH:
WHEREAS, on January 8, 2007, the City entered into an agreement with Carolyn
S. Ansay and the law firm of Doran, Sims, Wolfe, Ansay & Kundid (f /k/a Doran, Wolfe,
Ansay & Kundid) to serve as City Attorney for the City of Edgewater;
WHEREAS, the aAgreement provided for automatic one year renewals for three
years, thereby rendering January 7, 2011 as the date of expiration of the agreement was
amended on October 20, 2011 to establish a new commencement date of January 7, 2011
and a term of three (3) years;
WHEREAS, at its meeting held October 18, 2010, the City Council unanimously
voted to retain Carolyn S. Ansay and the law firm of Doran, Sims, Wolfe, Ansay &
three y ars the parties wish to amend the Agreement to reflect the recent change in
attorneys of the FIRM who will be providing legal services to the CITY.
NOW THEREFORE, in consideration of the foregoing and the mutual
obligations contained herein, the CITY and the FIRM agree as follows:
1. The CITY does hereby retain the FIRM for the purpose of providing legal
representation to the CITY as City Attorney. The services rendered under this Agreement
are personal to the FIRM and may not be assigned, either directly or indirectly, to any
other person or law firm.
2. The FIRM will provide representation and counsel to the CITY for legal
services through its attorneys in the FIRM, including but not limited to, Carolyn S. Ansay
Aaron R. Wolfe, Michael Ciocchetti, Theodore R. Doran, Larry Sims and Michael A.
Kundid, and Aaron R. Wolfe. Carolyn S. Ansay Aaron R. Wolfe will be the primary
attorney contact between the FIRM and the CITY and will be designated as City Attorney
for the City of Edgewater. Other attorneys in the FIRM providing legal services may be
designated as Assistant City Attorney. Services may include, but are not limited to:
a. attendance at City Council meetings, work sessions, executive sessions, and
budget hearings upon the request of the City Council/City Administration;
1 (Agreements /CityAttorney -Ansay Wolfe - 20101) 1
b. review and legal research and analysis of City Council agenda, resolutions,
ordinances, memoranda, opinions, and representations of the CITY;
c. review of comprehensive plan amendments, rezonings, and development
agreements as needed;
d. preparation of oral or written opinions on legal matters as required by the
City Council and /or City Manager;
e. review and comment on contract form(s) between the CITY and
independent contractors;
f. participation in meetings and /or telephone conferences with the City
Manager and/or City Staff as designated by the City Manager, and the provision of legal
counsel, as requested;
g. keeping the City Council and the City Manager informed of legislation or
judicial opinions that have potential to impact the CITY;
h. providing legal representation and defense to legal challenges to the CITY's
ordinances, if not provided by special counsel; and
i. performance of other professional duties as may be required.
3. For matters on which the Firm provides services to the CITY, the Firm
shall be compensated for the costs and services at the rates set forth in the Compensation
Proposal attached hereto as Exhibit "A" and incorporated by reference. On or before
June 30 of each year, the CITY shall review the Compensation Proposal and determine
whether any adjustments shall be made. If adjustments are approved, said rates shall
become effective on October 1 of the new fiscal year.
The FIRM agrees to keep and maintain accurate time records showing the time
expended by each of its attorneys in representing the CITY under this Agreement. The
FIRM will detail on its billing statements specific billing entries on a daily basis showing,
at a minimum: legal matter or project reference, invoice number for the particular bill,
law firm taxpayer identification number, statement billing period, itemization of the date;
hours billed; a concise, meaningful description of the services rendered, with sufficient
detail to enable the City to evaluate the services rendered and costs; the person(s) who
performed the services for each day during which the Law Firm performed work; and the
hourly rate for each attorney or paralegal, a listing of all costs to be reimbursed, and the
total of the current bill. A summary of all monthly invoices will also be provided which
sets forth the fees and costs for each matter. The minimum billing increment shall be
one -tenth of an hour.
The CITY will reimburse the FIRM for the following expenses incurred by it in
the conduct of legal services on behalf of the CITY: overnight delivery, travel expenses
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for travel outside of Volusia County (all travel, lodging, and meals shall be at rates
allowed to public employees under City rules and regulations), court reporters' fees,
transcripts, court filing fees, and process service charges, and on -line research costs all
without mark -up or multiplier. All invoices submitted for such reimbursements shall
contain complete and detailed information supported by appropriate receipts as to the
item or charge sought to be reimbursed.
The FIRM agrees to submit billing statements to the CITY paralegal at the address
set forth herein for the FIRM's fees, costs, and/or expenses on a monthly basis not later
than the fifteenth day of the following month. The CITY agrees to pay each monthly bill
within 30 days of receipt. If the CITY has any disagreement about the amount billed, the
CITY agrees to advise the FIRM in writing within ten (10) day of receipt of the billing
statement.
4. This Agreement shall commence on January 7, 2011 for a term of three
(3) years, Both the CITY, upon the vote of the majority of the City Council, and the
FIRM reserve the right to terminate this Agreement without cause upon thirty (30) days
written notice.
5. The FIRM will make affirmative efforts to achieve cost effectiveness by
utilizing and coordinating work with the CITY's paralegal, limiting travel, using
established and acceptable forms, using the appropriate level of attorney or staff
experience required for each task, and taking other actions to improve efficiency.
6. The FIRM assures the CITY that it possesses the knowledge and
experience relating to the practice of municipal law and the areas in which it has been
engaged to provide representation to the CITY. The FIRM assures the CITY of the
highest quality of professional services in representing the CITY and the FIRM further
agrees to accept no employment which would result in a conflict of interest.
7. In the performance of legal services hereunder, the FIRM is an independent
contractor. The assigned attorneys shall not be considered employees, agents or servants
of the CITY. The FIRM and assigned attorneys do not have the power or authority to
bind the CITY in any promise, agreement or representation other than as specifically
provided in this Agreement.
8. This Agreement constitutes the entire agreement concerning employment
arrangements between the FIRM and the CITY. This Agreement may not be changed
except in writing and as signed by the authorized representatives of the FIRM and the
CITY.
9. In the event that any term, paragraph, or provision of this Agreement or its
application to any circumstances shall be deemed invalid or unenforceable, the remainder
of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
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10. This Agreement shall be governed by and construed under the laws of the
State of Florida.
LAW FIRM:
DORAN, SIMS, WOLFE, ANSAY &
KUNDID
Witness Carolyn S. AnsayAaron R. Wolfe
Partner
Witness Dated:
CITY
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie Wenzel Michael L. Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
Approved by the City Council during the
Council meeting held on the _ day of
October, 2010 under Agenda Item
(Agreements /CityAttorney -Ansay Wolfe - 20101) 4
I I
EXHIBIT "A"
COMPENSATION PROPOSAL
We propose to provide services to the City of Edgewater on all natters at the following
rates:
1. General City Services
a) Partners: $200.00 per hour
b) Associates: $170.00 per hour
c) Paralegals: $50.00 per hour
II, Development Review
a) Partners: $300,00 per hour
b) Associates: $200.00 per hour
c) Paralegals: $80.00 per hour
111. Travel
Partners and Associates: $100.00 per hour
The above rates are inclusive of most costs, both direct and indirect, (i.e., postage,
telephone, long distance, facsimile transmissions, and local mileage) with the exception of travel
outside of Volusia County and on -line research costs and, if needed, courier services and Federal
Express, all of which shall be billed in accordance with the actual charges incurred.
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