Exhibit
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CITY ATTORNEY AGREEMENT
This Agreement is made this 5th day of Mav . 2004 by the undersigned, CITY OF
TREASURE ISLAND, FLORIDA , (hereafter, "Client", or "CITY") who hereby agree(s) to
retain the firm of MAURA J. KIEFER, ESQUIRE (Hereafter, "Firm" or "CITY ATTORNEY1')
to serve as the City Attorney for the CITY.
Whereas, the CITY desires to retain Maura J. Kiefer, Esquire to serve as the City Attorney for the
City of Treasure Island, Florida, and,
Whereas, Maura J. Kiefer, Esquire accepts the position of City Attorney for the City of Treasure
Island, Florida,
WHEREFORE, the parties agree as follows
1. TERM. The effective date of this Contract shall be as of the date first above written, and shall
continue for one (1) year, and shall continue thereafter in the sole discretion of the CITY,
pursuant to its City Charter, as amended, and any Ordinances enacted thereto. Nothing in this
Agreement shall limit the right of the City Commission to terminate this Agreement, with or
without cause.
2. COMPENSATION.
A.) Monthly Fee
The CITY agrees to pay the ATTORNEY the sum of $2,900.00 for legal fees every month, as a
flat fee for the legal services contracted herein, and as set forth in the Scope of Services set forth
below in Paragraph 3 below.
For any legal services not included in the normal Scope of Services, the CITY agrees to pay the
ATTORNEY as set forth in Paragraph 4 below.
B.) Costs.
The Monthly Legal Fee does not include costs, such as postage, long distance telephone charges,
courier fees, printing and copying costs, photographs, etc... However, the Firm will not bill for
everyday, minor copying costs, faxes, Westlaw legal research, computer charges, minor postage,
minor telephone charges, etc...The Firm considers this to be a part of their obligation to provide
normal, monthly legal services under this Agreement.
The Firm agrees to advance payment for any and all non-substantial billable expenses, such as
courier fees, postage, court reporter fees, etc. The Firm agrees to submit for reimbursement an
itemized statement of all incurred out-of-pocket expenses on a monthly basis, or as otherwise
desired by the CITY.
The parties agree that substantial expenses - over $500.00 or as otherwise agreed - will be
discussed and approved, when feasible, with the Mayor or City Commission prior to incurring
same. In that event, the vendor for any approved substantial expense will be either submitted for
payment directly to the CITY, or pre-paid by the Firm, and included in the Firm's monthly
statement.
The Firm will not bill for travel expenses to City meetings. Only pre-approved, long distance
travel will be submitted for reimbursement.
3. SCOPE OF SERVICES.
A) Normal, Monthly Scope of Services. The CITY ATTORNEY will provide all usual
and customary legal services expected from a City Attorney, including, but not limited to:
drafting Ordinances and Resolutions; Charter interpretation and amendments; daily and
continuous advice to the Mayor, Vice-Mayor, City Commissioners, City Manager and all
appropriate appointed and elected officials relating to the legal matters of the CITY; attendance
at all Code Enforcement Board hearings and advise them accordingly; attendance at all meetings
of the City Commission, the P&Z Board and additional meetings as requested, but that, on
occasion the Firm may be represented by a Firm Partner or associate in the absence of the CITY
ATTORNEY.
B) Monthly Status Reports
The Firm will promptly provide the City Commission and the City Manager with written status
reports on pending matters on a monthly basis. It is also recommended that written reports be
provided immediately after critical events, and in time for productive discussion at Commission
meetings.
C) Continuous Advice on Ethics and Sunshine Law Issues
The Firm will, without solicitation, advise the Commission of commissioner discussions or
actions which hold potential violation of Ethics or Sunshine Law violations.
4. ADDITIONAL LEGAL SERVICES.
1) LITIGATION: ADMINISTRATIVE PROCEEDINGS. From time to time, the CITY may
engage in litigation, or administrative proceedings, either as plaintiff, defendant, witness or
participant. Further, appointed officials of the CITY may require legal representation before
licensing Boards or other agencies, for which the CITY has agreed to fund (hereafter,
collectively, "litigation"). In the event litigation ensues, the CITY agrees to retain and
compensate the Firm as follows for litigation-related services:
CITY ATTORNEY:
ASSOCIATE ATTORNEY:
PARALEGAL:
$75.00 per hour
$45.00 per hour
$25.00 per hour
Further, any and all other costs, expenses of litigation, and fees, including expert witness fees,
will be paid by the CITY, and shall be paid timely when incurred. All costs will be detailed in
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the Firm's invoices, with copies of bills from all vendors. Substantial costs, such as expert
witness fees, shall be discussed and pre-approved by the CITY before the Firm contracts for
same.
2) SPECIALIZED LEGAL SERVICES. In the event the CITY requires specialized legal
services, such as municipal bond financing, the Firm may suggest to the CITY that it retain the
services of a qualified, legal firm to provide same (hereafter, "SPECIALIST"). In that event, the
CITY ATTORNEY will negotiate and oversee any such contract, and will bill the
SPECIALISTS' time to the CITY from the Office of the City Attorney /There will be no
additional charges for this oversight process. The CITY will pre-approve any such outside
contract.
5. CONFLICT OF INTEREST AVOIDANCE.
The CITY ATTORNEY agrees not to undertake future representation nor to continue the present
legal representation of any person or entity in a matter adverse to the CITY's legal interest
relating to CITY matters during the term of the contract and for two (2) years after the expiration
or termination of any such contract. The CITY ATTORNEY agrees that such representation is a
prima facie conflict of interest and understands that the CITY will not agree to waive such
conflict for any reason.
6. PROHIBITED CONTRIBUTIONS
The CITY ATTORNEY will not offer any contribution to a candidate for City elective office
(including elected officers and officers-elect) during an incumbent's term or to a new candidate
prior to and following the award of a contract to that Firm by the City Commission. The term
"Firm" includes proprietors of proprietorships, all partners of partnerships and all officers,
directors and holders of ten (10%) percent or more of the outstanding shares of corporations, and
their immediate families.
7. STATEMENT OF EQUAL EMPLOYMENT OPPORTUNITY.
The CITY ATTORNEY hereby represents that it has, prior to entering this Agreement, complied
with the following equal employment opportunity clause, which is incorporated hereint:
"1. The Firm will not discriminate against any employee or applicant for employment because of
race, religion, color, sex, national origin, or age. The contractor, subcontractor, vendor, supplier,
or lessee will take affirmative action to ensure that applicants are employed and that employees
are treated during employment without regard to their race, religion color sex, national origin,
or age. Such action will include, but not be limited to, the following: employment; upgrading;
demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of
compensation and selection for training, including apprenticeship. The contractor, subcontractor,
vendor, supplier or lessee agrees to post in conspicuous places available to employees, and
applicants for employment, notices to be provided by the City setting forth the provisions of this
Equal Employment Opportunity Clause.
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2. The Firm states that all qualified applicants will receive consideration for employment without
regard to race, religion, color, sex, national origin or age.
3. The Firm will comply with all provisions of Executive Order No. 11246 and the rules,
regulations, and relevant orders of the Secretary of Labor or other Federal Agency responsible for
enforcement of the equal opportunity and affirmative action provisions applicable and will
likewise furnish all information and reports required by the Commission, if any for purposes of
investigation to ascertain and effect compliance with this program.
4. In the event of the Firm's noncompliance with the nondiscrimination clause of the contract or
with any of such rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part, and the contractor, subcontractor, vendor, supplier, or lessee may
be declared ineligible for further City contracts in accordance with procedures in Executive Order
No. 11246, and such other sanctions may be imposed and remedies invoked as provided in the
said Executive Order, or by rule, regulation, or order of the Secretary of Labor, or as may
otherwise be provide by law.
8. INSURANCE.
The FIRM agrees to provide the CITY with proof of liability insurance, naming the City as an
Additional Insured, as required by the provisions of the CITY's Request for Proposal. Attached
hereto as Exhibit "A" and incorporated herein by reference is a copy of the Proof of Insurance as
required by this Agreement. Any changes in insurance limits, terms or conditions will be
discussed and agreed upon by the CITY beforehand, except for changes made by the Carrier on
its own and over which the CITY ATTORNEY has no control.
9. MISCELLANEOUS. The CITY and the CITY ATTORNEY are signing this Agreement on
their own behalf and in any representative capacity appropriate to the circumstances. Whenever it
is stated that the CITY shall approve or agree to any item, it is understood and agreed that such
authority derives from the City Charter, and all interpretations under this Agreement shall be
subject to, and superceded by, the CITY's Charter and Ordinances.
Effective on the (late fust above written.
CITY OF TREASURE ISLAND:
MAURA J. KIEFER, ESQ.:
Maura J. Kiefer, Esq.
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RESOLUTION NO. 07-02
A RESOLUTION OF THE CITY OF TREASURE ISLAND CITY
COMMISSION APPROVING A RETAINER INCREASE FOR THE CITY
ATTORNEY.
WHEREAS, the City Commission has conducted the annual evaluation of the City
Attorney; and
WHEREAS, the City Commission sets the retainer of the City Attorney.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF TREASURE
ISLAND DOES RESOLVE:
1.
2.
The City Attorney's retainer shall be adjusted by a factor that is a
combination of a 3.7 percent cost of living increase and a 5 percent merit
increase for a total of 8.7 percent. The City Attorney's new monthly
retainer will be $3,247.
This resolution is effective retroactive to October 1, 2006.
The foregoing Resolution was offered during the Regular Session of the City
Commission of the City of Treasure Island, Florida, sitting on the 2nd day of January,
2007 by Commissioner Collins who moved its adoption, was seconded by
Commissioner Bildz and upon roll call the vote was:
YEAS: Collins, Gayton, Kraus, Bildz, Maloof
NAYS: None
ABSENT OR ABSTAINING: None
fary Maloof, Mayor
ATTEST:
OCU~OY-^
Av^n
Dawn Foss, City Clerk
+RESOLUTION NO. 07- 58
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TREASURE ISLAND INCREASING THE HOURLY RATES OF THE
CITY ATTORNEY PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Attorney has requested an increase in her hourly rates from
the original rates established in May of 2004;
WHEREAS, the City Attorney has not received a rate increase to date, and
further she has waived any request to increase her retainer for the next fiscal
year;
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF TREASURE
ISLAND DOES RESOLVE:
1.
The hourly rates for the City Attorney are increased as follows:
City Attorney:
Associate attorneys: $45
Paralegals:
$25
2.
$110
$65
$35
This Resolution shall amend the terms of the city attorney's
existing contract accordingly. All other terms shall remain in
effect.
The foregoing Resolution was offered during Regular Session of the City
Commission of the City of Treasure Island, Florida, sitting on the 7th day of
August, 2007, by Commissioner Minning who moved its adoption; was seconded
by Commissioner Bildz and upon roll call, the vote was:
YEAS:
Commissioners Minning, Bildz, Collins, Gayton, Mayor Maloof
NAYS:
None
ABSENT OR ABSTAINING: None
ATTEST:
ajg'-m ~m
Dawn Foss, City Clerk
fairy H. Maloof, M
RESOLUTION NO. 10-67
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TREASURE
ISLAND AMENDING THE CONTRACT FOR PROFESSIONAL SERVICES WITH
MAURA J. KIEFER AS CITY ATTORNEY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Maura J. Kiefer of Maura J. Kiefer, P. A. has served as the city attorney for the City
of Treasure island, Florida since May of 2004 ; and
WHEREAS, the city attorney has received only one increase to her retainer, and one hourly rate
increase in the past six years; and,
WHEREAS, it is not anticipated that the rate increase will create any increase to the proposed
FY 2010-2011 budget; and,
WHEREAS, the City Commission finds that the requested increase to the contract is appropriate
and reasonable.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TREASURE ISLAND, FLORIDA, THAT:
Section 1. The City Attorney Contract is amended to increase the litigation related
hourly rate from $1 10.00 to $150.00 per hour for litigation related matters; and to
increase the hourly rate to $125.00 per hour for non-litigation related matters. Nonlitigation will be defined as those matters where the City has not yet been notified of an
intent to sue, litigate, appeal or file an administrative claim and/or is not a party to a suit
or administrative proceeding.
Section 2. All other provisions of the contract shall remain in full force and effect.
Scction 3. This Resolution shall become effective on October I, 2010.
The foregoing Resolution was offered during Regular Session of the City Commission oi the City
of Treasure Island, Florida, sitting on the 8th day of September, 2010, by Commissioner Bildz
who moved its adoption; and was seconded by Commissioner Caldwell and upon roll call, the
vote was:
YEAS: Commissioners Bildz, Caldwell, Mayor Minning
NAYS: Commissioners Collins, Coward
ABSENT OR ABSTAINING: None
Robert Minning, Mayor
ATTEST:
\
YX.IOVN ^
Dawn M. Foss, City Clerk
Res 10-67, City Allorney Contract Amendment 9-8-10
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