2019-09-24 Ex 07Law Offices
John R. Cook
P.O. Box 515 ♦ Okeechobee, FL 34973
Telephone 863-467-0297 ♦ Fax 863-467-4047
September 13, 2019
i criminal law
♦ family law
• wills & probate
\s we discussed, ! am placing renewal of my contract for legal services on the September 24th
agenda to ensJre continued coverage on October 15`. Per my memo to the city council last week, I do
not intend to submit a proposal to any RFP in the event the council wishes to explore the hiring of legal
counsel.
.'vii existing contract would continue, with compensaton monthly as recentiy budgeted for
2019-2020; and with existing benefits, for an indeterminate time period until new represent tion c_ri be
secured.
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Law Offices
Vii► l John R. Cook
805 S.W. Park Street • Okeechobee, Florida 34974
Telephone 863-467-0297 • Fax 863-467-4798
October 11, 2005
To: City Council
re: attorney contract renewal
I attach for your review a proposed contact for legal services, with the following
explanation:
• criminal law
• family law
• wills & probate
1. My existing contract was executed in April, 1988, and some of the terms are no longer
applicable, and the legal work has changed somewhat since then.
2. The figure arrived at for the monthly contract rate of $2100.00 is arrived at because the
current rate of $1725.00 has not been adjusted since budget year 1998; if one were to compute an
annual increase at the modest rate of 1.5% per year, which I did, that type of increase would
yield a salary for budget year 2006 of approximately $2100.00. I have also proposed to tie in
future increases annually to that of all general employees, to avoid having to request such an
increase in the future.
3. The litigation rate of $75.00 per hour has not changed in 16 years; since the private rate
now exceeds $200.00 per hour in most areas, I have requested a municipal rate of $100.00 per
hour.
4. The current rate of one-half day work at the city is $125.00; I propose to increase that
to $150.00.
5. The severance package is new; my rationale on that is now I spend approximately 50%
of my practice on city meetings and work, which has necessarily reduced the amount of private
work I can do. Therefore, if terminated without cause, the severance will permit me a time period
with severance pay to re -build my private practice.
6. The increases in this contract do not require a budget amendment, as these sums are in
the current budget with the funds allocated for outside legal work and other various purchases
that come out of the legal budget.
I do not wish to impose any terms the city is uncomfortable with; therefore, I am willing
to discuss any or all of the contract and negotiate further with the city administrator if the council
wishes to do so.
John R. Cook
City Attorney
AGREEMENT FOR ATTORNEY SERVICES
This Agreement entered into by and between the City of Okeechobee, Florida (CITY)
and JOHN R COOK, (Attorney).
In consideration of the mutual covenants and provisions contained herein, , CITY and
Attorney agree as follows:
TERM
1. The term of this Agreement shall be for a period of one (1) year from the date of
execution by CITY, unless terminated sooner as provided for herein. This Agreement
may be renewed annually upon mutual consent of the parties.
SERVICES
2 . Services to be performed.
CITY contracts with Attorney for categories of services considered basic
services, and additional services, for which additional fee requirements are set forth
hereafter.
A. BASIC services: Attorney shall attend and perform the following
functions as a part of monthly services: attend city council meetings; attend code board
meetings; attend zoning/planning meetings; attend technical review meetings; attend
all specially called meetings; attend staff meetings as called or necessary, to be paid at
a monthly rate in such amount as approved by the city council during the annual
budget process..
02-
B. ADDITIONAL services; Attorney may perfornn the following services at
the request of staf'or city council:
-work at city hall weekly on various city related projects in one-half day increments;
-consult with outside professionals 'such as engineers, attorneys, grant personnel,
building inspector, planning consultants, or similar personnel who must confer with
the Attorney on city related issues.
pre -litigation or litigation legal matters regardless of whether suit is filed.
all of which attorney will be paid on a per diem or hourly basis as approved by city
council during the annual budget process.
3. Attorney shall personally perform the legal services described herein while at
all times complying with all requirements of the Rules of Professional Conduct, the
Rules Regulating The Florida Bar, and the practice and procedures of courts within the
Circuit. Attorney may not reassign or subcontract any appointed case to another
attorney or allow another attorney who is not approved by the CITY.
4. Attorney shall render to, and on behalf of CITY all professional legal services
reasonably required therein related to pending matters from the time of
commencement, to, and including a final adjudication, or disposition. In performing
any work under this Agreement, Attorney shall provide competent representation to the
CITY. Competent representation requires the legal knowledge, skill, thoroughness and
preparedness reasonably necessary for that representation. Attorney's business
relationships outside of this contract shall not interfere with the performance of the
services specified herein.
COMPENSATION
5. Attorney shall be compensated as follows, with initial contract rate and hourly
rate attached hereto as exhibit "A":
a. Attorney shall be paid for basic services a monthly retainer, which basic payment
shall be increased annually at the same percentage increase as general employee pay
increases, or in such other amount as approved by the city council during the annual
budget process.
b. Attorney shall be paid for additional services at a set hourly rate for one-half day
work at such hourly rate as approved by the city council during the annual budget
process.
c. Attorney shall be paid for litigation at a set hourly rate as approved by the city
council during the annual budge process.
d. Attorney's fees provided may include, but not be limited to, Attorney's fees,
costs and expenses . Attorney must submit a detailed accounting and documentation
for reimbursement for costs and necessary expenses. Attorney is entitled to payment
for, and CITY will pay on behalf of Attorney such costs and expenses as, but not
limited to, office supplies and office space, and all materials, equipment, and facilities
necessary for the support of personnel in the performance of legal services under this
Agreement.
e. Attorney shall be provided in the annual budge such sums as approved by the
CITY for continuing legal education conferences, per diem and travel, up to a total of
30 hours of education per calendar year.
f. Attorney shall not retain and shall not be compensated for the use of experts or
other specialists to perform services which are services that attorneys ordinarily
perform, without prior consent of the city council or city administrator.. CITY shall not
pay for duplicate work of attorneys, experts or other professionals.
areniad to delete
ta..Lat:. 1. by
the City Cburcil
10/18/300
k. The parties to this Agreement stipulate and agree that in areas of litigation,
nothing in this Agreement shall be deemed to constitute a waiver of the Attorney's
right to demonstrate in court cases, by motion to the Court in an individual case, that
the unusual and extraordinary circumstances of that case merit or justify the award of
Attorney's fees in excess of the applicable hourly rate set by the city for litigation, but
only to the extent such additional fees are to be paid by the adversary to the CITY.
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m. In addition to the above, the CTTY will allocate sufficient funds in the annual
budge to pay the annual costs and expenses for the Attorneys coverage in the health
insurance plan adopted by the CITY for its general employees for each calendar year,
which is for single coverage only.
nIn addition to the above, the CITY will allocate sufficient funds in the annual
budget to pay for cell phone service for use of cell phone by the Attorney; such phone
may be used for private purposes other than for the CITY, but any additional time,
minutes, charges or expenses attributable to such private use shall be calculated and
reimbursed to the CITY.
It is understood that all payments and benefits herein although contractual, are
subject to availability of funds at approval of annual budget No part of compensation
or benefits shall be reduced or deleted from this contract without further written
amendment to this contract
QUALIFICATIONS OF ATTORNEY
6. Attorney represents that he or she:
a. Is a member in good standing of The Florida Bar.
b. Meets at least the minimum experience and continuing education requirements
identified by the Florida Bar.
c. Has the skills and ability to provide competent representation in cases pertinent to
municipal law.
d. Will notify CITY and the Chief Judge of the Judicial Circuit of any fording of
probable cause by The Florida Bar, and disciplinary actions taken by The Florida Bar
or any court, and of any non -confidential consent agreements entered into between
Attorney and The Florida Bar.
LICENSES/FLORIDA BAR MEMBERSHIP
7. Attorney shall be responsible for obtaining and maintaining Attorney's municipal
or county occupational licenses and any licenses or professional fees required pursuant
to the laws, ordinances, rules, or regulations of any municipality, county, or the State
of Florida . Attorney shall throughout the term of this Agreement be a member in good
standing with The Florida Bar.
INDEPENDENT CONTRACTOR
8. The parties agree that this Agreement does not create the relationship of attorney
and client between Attorney and CITY; that such relationship, if any is created, is
restricted to Attorney and those persons on whose behalfAttorney furnished the legal
services provided herein. This Agreement is not intended to and shall not be construed
to create the relationship of agent, servant, employee, partnership, joint venture, or
association between CITY and Attorney. Attorney is, and shall at all times be, deemed
an independent contractor and shall be wholly responsible for the manner in which
Attorney performs the services required by the terms of ibis Agreement. Attorney
exclusively assumes responsibility for the acts of Attorney's employees, agents,
subcontractors, and all others acting at the direction of or on behalf of Attorney, as
they relate to the services to be provided under this Agreement. Attorney and
Attorney's agents and employees shall not be entitled to any rights or privileges of
employees of CITY, including but not Iimited to, compensation insurance and
unemployment insurance. It shall be the sole responsibility of Attorney to comply with
all applicable federal, state, county, and municipal statutes, ordinances, rules, and
regulations in the performance of Attorney's obligations under this Agreement.
NO ASSIGNMENT
9. Attorney shall not delegate or assign this Agreement, whether in whole or in part,
without the prior written consent of CITY nor shall Attorney assign any monies due or
to become due to Attorney under this Agreement without the prior written consent of
CITY.
7
NO PROHCBI HON ON PRIVATE PRACTICE
10. Nothing in this Agreement shall preclude Attorney from representing privately
retained clients. . Attorney shall not be prohibited from engaging in the private practice
of law, provided that no private case shall be accepted that may cause a conflict of
interest with a case appointed to Attorney under this Agreement.
SOLE COMPENSATION
11. Attorney agrees and acknowledges that the compensation to be paid pursuant to
this Agreement shall be the sole, exclusive, and full compensation to which Attorney
shall be entitled for cases Attorney is appointed to pursuant to this Agreement.
BILLING REQUIREMENTS FOR REIMBURSEMENT
a.. The following information must be attached to any billing by Attorney:
(1) Certification of Time — If Attorney is billing on a hourly basis, Attorney shall
itemize Attorney's legal services in a certification of time in increments The following
certification shall be affixed to the face of the Attorney's Certification of Time: "I
certify the time reflected on this Certification of Time is accurately reported herein,
was performed by me in conformance with the requirements of my Agreement with the
CITY. I have not received payment from any source for any of the time reflected
herein, and that under the terms of my Agreement with the CITY payment of this
invoice is,r,x„ sate." (signed by Attorney, with bar number recorded under the
signature).
(2) Certification of Costs and Expenses (Note: certification of costs does not have
to be submitted if no costs were expended or if Attorney's hourly rate is inclusive of
Attorney's fees, costs and expenses). The following certification shall be affixed to the
face of the Attorney's invoice to CITY: "I certify the costs and expenses for services
and products reflected on this invoice are accurately reported herein, were
satisfactorily performed or received, were necessary for the performance of my duties
set out herein; transactions were in accordance with the Florida statutes and all
applicable laws and rules of the State of Florida, and that under the terms of my
Agreement with the CITY payment of this invoice is appropriate." (signed by
Attorney, with bar number recorded under the signature).
RECORD RETENTION/AUDIT
12. Attorney shall keep detailed records to enable CITY to verify all costs,
expenses and Attorney's time expended representing a cases appointed under this
Agreement and shall make such records available to CITY in any proceedings to
recover costs from whomever may be obligated to reimburse CITY . The records
include supporting documentation necessary to adequately evaluate and substantiate
payments made under this Agreement.CITY may, at its discretion, audit or inspect
Attorney's books and financial records relating to services under this Agreement at any
and all reasonable times in connection with the conflict cases. Attorney agrees to retain
and to make available for inspections, upon reasonable notice, all books, statements,
ledgers and other financial records (financial records) relating to services under this
Agreement for a period of five (5) years from the date of each payment, or until all
Federal or State audits that may relate to each payment are complete for the applicable
fiscal year, whichever is later, unless ordered sealed by the Court. All financial records
shall be made available to CITY at Attorney's place of business. Attorney agrees to
maintain the confidentiality of Attorney's records pursuant to all laws related to privacy
and confidentiality with respect to Court and client records. In the event of withdrawal
by Attomey from a case, or upon termination of this Agreement for any reason, work
materials that are not protected by the attorney/client privilege and the work -product
privilege shall, pursuant to s. 27.40(8), within 15 days of receiving notice from the
successor attorney, be turned over to such conflict attorneys as may be subsequently
retained by the CITY
9
INSURANCE
13. For all time periods under this contract, the Attorney shall obtain a package of
professional liability insurance with CITY as named insured in a minimum sum of one
million dollars ($1,000,000.00), the premiums of which shall be paid as provided
herein.
TERMINATION
14. This Agreement may be terminated as follows:
a. In addition to any other remedy authorized by law, CITY shall have the right to
terminate this Agreement immediately if, in its sole opinion Attorney or Attorney's
agents or employees fail to comply with the terms of this Agreement, including the
providing of quality legal services.. Such failure shall constitute a material breach of
this Agreement by Attorney. In the event of breach of duty or this contract by Attorney,
Attorney shall not be entitled to payment of Attorney's fees, costs and expenses for
work performed except such work completed prior to termination. Such termination
shall be by vote of the city council, with a 3/5 vote required for cause or breach; and a
4/5 vote required for termination without cause. In the event of termination without
cause, the CITY shall be liable for, and pay to, Attorney an agreed and liquidated
severance package consisting of a total of three (3) months of basic services pay.
b. The Attorney may terminate this agreement at any time upon sixty (60) day written
notice to the CITY; If the CITY is unable to obtain replacement legal services in the
interim, this agreement may survive and continue on such terms, and for such period
as the parties may agree.
c. When either party desires to give notice of termination of this Agreement to the
other, it must be given by written notice, sent by certified or registered United States
mail, with return receipt requested, addressed to the party for whom it is intended., at
the place last specified for giving of notice in compliance with the provisions of this
paragraph. For the present, the parties designate the following for giving notice:
CITY: 55 S.E. 3' Avenue, Okeechobee, Florida 34972
ATTORNEY 4114 S.W. le Street, Okeechobee, Florida 34974.
NO WAIVER/GOVERNING LAW
15. No waiver by either party of any existing default by the other party shall be
deemed to waive any subsequent default. All rights hereunder are cumulative, not
alternative, and are in addition to any other rights given by law. The validity,
construction, and of this Agreement shall be governed by the laws of the
State of Florida and the Florida Constitution. Venue for all actions arising from or
related to this Agreement shall be in Okeechobee County, Florida.
SEVERABILITY
16. The terms and conditions of this Agreement shall be deemed to be severable.
Consequently, if any clause, term, or condition hereof shall he held to be illegal or
void, such determination shall not affect the validity or legality of the remaining terms
and conditions, and notwithstanding any such determination, this Agreement shall
continue in full force and effect unless a particular clause, term, or condition held to be
illegal or void renders the balance of the Agreement impossible to perform.
AMENDMENT OR RENEWAL OF AGREEMENT
17. This Agreement expresses the understandings of the parties concerning all
matters covered. The annual renewal of this Agreement shall occur without further
action or writing of the parties, subject to the right of CITY to terminate as set out
herein. Any addition to, or alteration of, the terms of this Agreement, whether by
written or verbal understanding of the parties, their officers, agents, or employees shall
not be valid unless in the form of a written amendment to this Agreement and formally
approved by the parties, less and except annual amendment to salary or fees and costs,
which may be amended by vote of the city council at a regularly called meeting.
/1
ENTIRE AGREEMENT
20. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained
in this document. Accordingly it is agreed that no deviation from the terms thereof
shall be predicated upon any prior representations or agreements whether oral or
written. This is the entire agreement of the parties. It may only be changed by an
agreement in writing signed by both parties.
les E. Kirk, Mayor
City of Okeechobee, Florida
1Aritnt i "A"
1. BASIC SERVICES: From and after this agreement, subject to annual review and
alteration as provided herein, the attorney shall be paid the monthly contract rate of $2100.00.
2. ADDITIONAL SERVICES: From and after this agreement, subject to annual review
and alteration as provided herein, the attorney shall be paid:
A. Litigation work @ $100.00 per hour
B. Per Diem one-half day work @ the City at the rate of $150.00 per day.
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