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HomeMy WebLinkAboutItem #07 Approval of Professional Services Contract with State Legislative Consultants GrayRobinson She Ce of Good L , '::: .... AGENDA ITEM COVER SHEET Meeting Date: 11 -2 -10 Item # Reviewed By: Contact Name: Robert Frank Department Director. Contact Number: 1500 City Manager: Subject: Renewal of Professional Services Contract with State Legislative Consultants GrayRobinson Background Summary: In 2007, the City awarded a Request for Proposals (RFP #007 -003) agreement with legislative consulting services GrayRobinson. The contract term was for 1 year with two additional one year terms. Issue: The current agreement with GrayRobinson expired on Sept. 30, 2010. Staff would like to continue a month to month basis agreement effective Oct.1, 2010. The new agreement would be at the same rate of $42,000 annually, plus expenses not to exceed $4,200 per year. This contract will be continuing and may be terminated upon 30 days written notice, with or without cause. Recommendations Staff recommends approval of a new agreement with GrayRobinson at a cost of $42,000 annually plus expenses and authorization for the Mayor to sign the necessary agreement. Attachments: Copy of Previous Contract Proposed Contract - forthcoming Financial Impact: The $42,000 annual cost is budgeted. Type of Item: (please mark with an "x') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. .8114,041Q1(A• N/A Reviewed by () N/A SUITE 1400 GRAY R 0 B I N S O N 301 EAST PINE STREET (32801) P.O. BOX 3068 CLERMONT ATTORNEYS AT LAW ORLANDO, FL 32802 -3068 FORT LAUDERDALE rte 407 - 843 -8880 JACKSONVILLE FAX 407 - 244 -5690 gray- robinson.com KEY WEST Frederick W. Leonhardt LAKELAND Attorney At Law MELBOURNE 407 - 244 -5655 NAPLES FLEONHARDTAGRAY- ROBINSON.COM ORLANDO TALLAHASSEE October 1, 2007 TAMPA City of Ocoee Attention: Robert Frank, City Manager 150 N. Lakeshore Drive Ocoee, FL 34761 -2258 Re: City of Ocoee RFP #07 -003 — Legislative Consulting Services Engagement Agreement Dear Mr. Frank: We are pleased that you have engaged us to perform work for the City of Ocoee (the "City ") as your legislative and executive governmental consultant on all such matters. The purpose of this letter is to confirm the terms of our engagement, based on the tasks laid out in the City's Request for Proposal. We acknowledgement receipt of the City of Ocoee Request for Proposals RFP #07 -003 for Legislative Consulting Services (the "RFP "). In response to the RFP, we submitted our proposal dated May 17, 2007 (the "RFP Response "). The RFP and the RFP Response are incorporated herein by this reference and made a part of this Engagement Agreement. We agree to comply with all of the requirements set forth in the RFP and our RFP Response and to perform the Scope of Work as set forth in the RFP for the fee set forth herein. will be principally responsible to handle this matter assisted by attorney Chris Carmody, consultants Robert Stuart, Chris Hansen, and other members of our firm. We will not change the personnel principally responsible for this matter without your prior approval. For this representation, we will charge an annual flat fee retainer of $42,000.00, payable in monthly installments. For the installments of February, March, and April, the retainer will be $5,000.00 per month. For all other installments, the retainer will be $3,000.00 per month. If, at any time, you desire that we perform any additional work, outside of the Scope of Work in the RFP, we will enter into a separate fee agreement for any such additional representation. However, we will not perform any work for which an additional fee will be charged without your express written authorization. We acknowledge that our engagement by the City is non - exclusive and that the City may, in its sole discretion, award any additional services, whether in the areas covered by the Scope of Services, or in any additional areas, to any third party, or such services may be performed by the City employees. ORLA_593460.3 GRAYROBINSON PROFESSIONAL ASSOCIATION October 1, 2007 Page 2 The attorney - client privilege is an important subject that we raise with our clients. As a matter of professional responsibility, we are required to preserve the confidences of our clients. This professional obligation and the legal privilege accorded attorney - client communications exist to encourage candid and complete communication between client and attorney. The attorney - client privilege can be lost if our written or oral communications are shared inappropriately with others. We should discuss in advance any intention you have to include others in this confidential relationship. At the same time, we understand that our written communications with the City are subject to the Florida Public Records Law and we agree to comply with all of the requirements of such law. We will invoice the City monthly for the retainer and reimbursable expense. Payment for our services shall be due within 30 -days of receipt of each invoice in accordance with the Florida Prompt Payment Act. Our statements may include charges for related expenses and services, such as photocopying, computerized research, travel, long distance telephone, telecopy, document production and binding and delivery service to the extent required by the particular assignment. These charges will be itemized and charged in accordance with the reimbursable cost outline set forth in our RFP Response. We will seek your authorization in advance for any reimbursable expense payment of $250 or more. Travel expenses shall not exceed $50.00 per day. Our aggregate reimbursable expenses in any month will not exceed 10% of the agreed upon retainer for that month and will not exceed $4,200 per year, unless we obtain your prior written approval to exceed these amounts. Should you have a question about any statement, please call me. The term of our engagement will be for a one (1) year term commencing on October 1, 2007 and terminating on September 30, 2008. By written notice to us, the City may extend the term of this Engagement Agreement for two (2) additional one (1) year terms. As in any professional relationship where mutual trust and confidence are essential, it is appropriate for you and for Gray Robinson, P.A. to be able to terminate our engagement at any time by reasonable written notice. In any such event we agree to provide the City with at least thirty (30) days prior written notice of any such termination. If our engagement is terminated, we understand that you will take whatever steps are necessary to evidence that we are free from any obligation to perform further, and to pay us for unpaid fees for legal services rendered and charges or related expenses and services incurred to the date of termination. Because of the size of our firm and our representation of other clients, it is possible that there may arise in the future a dispute between another client and City of Ocoee. Our acceptance of the current representation will preclude us from accepting future representations adverse to you which involve matters substantially related to the work we perform in the course of this engagement. We do, however, reserve the right to continue to represent existing and new clients adverse to the City so long as such representation is unrelated to the work which we are performing under this Engagement Agreement and does not involve the representation of ORLA_593460.3 GRAYRORINSON PROFESSIONAL ASSOCIATION October 1, 2007 Page 3 parties adverse to the City in litigation or a contested administrative proceeding. We agree that we will not represent anyone adverse to the City in litigation or a contested administrative proceeding without you prior written consent, which consent may be withheld. We would appreciate your acknowledging that this letter correctly reflects the terms of our engagement by signing, dating and returning to me the enclosed copy of this letter. There is a space for this acknowledgment below my signature. We are very pleased to be working with you. Sincerely, -1110. , _ V Frederick W. Leonhardt FWL:dbl Acknowledged and agreed to by the City of Ocoee, Florida this % day of October, 2007. ATTEST: CITY OF OCOEE, FLORIDA 9 ,1 Beth Eikenberry, C Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON JULY 17, 2007 [� LEGALITY this 1st day of October, 2007. UNDER AGENDA ITEM NO. J FOLEO LARDNER LLP By: '` City Attorney \l0 \1071 -# 1158224 v1 ORLA_593460.3 SUITE 1400 GRAY O B I N S O N 301 EAST PINE STREET (32801) P.O. Box 3068 FORT LAUDERDALE ATTORNEYS AT LAW ORLANDO, FLORIDA 32802-3068 JACKSONVILLE TEL 407-843-8880 KEY WEST FAX 407-244-5690 LAKELAND Frederick W. Leonhardt MELBOURNE Attorney At Law MIAML 407 - 244 -5655 NAPLES FLEONHARDT C[A1,GRAY- ROBINSON.COM ORLANDO TALLAHASSEE October 27, 2010 TAMPA City of Ocoee Attention: Robert Frank, City Manager 150 N. Lakeshore Drive Ocoee, FL 34761 -2258 Re: Legislative Consulting Services Engagement Agreement Dear Mr. Frank: We are pleased that you have re- engaged us to perform work for the City of Ocoee (the "City ") as your legislative and executive governmental consultant on all such matters. The purpose of this letter is to confirm the terms of our engagement. I will be principally responsible to handle this matter assisted by attorney Chris Carmody, consultants Robert Stuart, Chris Hansen, and other members of our firm. We will not change the personnel principally responsible for this matter without your prior approval. For this representation, we will charge a monthly fee of $3,000.00, except for the months of February, March, and April, for which we will charge $5,000.00 a month. This represents an annual flat fee retainer of $42,000.00. If, at any time, you desire that we perform any additional work, outside of the Scope of Work in the RFP, we will enter into a separate fee agreement for any such additional representation. However, we will not perform any work for which an additional fee will be charged without your express written authorization. We acknowledge that our engagement by the City is non - exclusive and that the City may, in its sole discretion, award any additional services, whether in the areas covered by the Scope of Services, or in any additional areas, to any third party, or such services may be performed by the City employees. The attorney - client privilege is an important subject that we raise with our clients. As a matter of professional responsibility, we are required to preserve the confidences of our clients. This professional obligation and the legal privilege accorded attorney - client communications exist to encourage candid and complete communication between client and attorney. The attorney - client privilege can be lost if our written or oral communications are shared inappropriately with others. We should discuss in advance any intention you have to include others in this confidential relationship. At the same time, we understand that our written communications with the City are subject to the Florida Public Records Law and we agree to comply with all of the requirements of such law. ORLA_593460.3 www.gray-robinson.com CRAYROBINSON PROFESSIONAL ASSOCIATION October 27, 2010 Page 2 We will invoice the City monthly for the retainer and reimbursable expense. Payment for our services shall be due within 30 -days of receipt of each invoice in accordance with the Florida Prompt Payment Act. Our statements may include charges for related expenses and services, such as photocopying, computerized research, travel, long distance telephone, telecopy, document production and binding and delivery service to the extent required by the particular assignment. These charges will be itemized and charged in accordance with the reimbursable cost outline set forth in our RFP Response. We will seek your authorization in advance for any reimbursable expense payment of $250 or more. Travel expenses shall not exceed $50.00 per day. Our aggregate reimbursable expenses in any month will not exceed 10% of the agreed upon retainer for that month and will not exceed $4,200 per year, unless we obtain your prior written approval to exceed these amounts. Should you have a question about any statement, please call me. Our engagement will be on a continuing month -to -month basis. As in any professional relationship where mutual trust and confidence are essential, it is appropriate for you and for Gray Robinson, P.A. to be able to terminate our engagement at any time by reasonable written notice. In any such event we agree to provide the City with at least thirty (30) days prior written notice of any such termination. If our engagement is terminated, we understand that you will take whatever steps are necessary to evidence that we are free from any obligation to perform further, and to pay us for unpaid fees for legal services rendered and charges or related expenses and services incurred to the date of termination. Because of the size of our firm and our representation of other clients, it is possible that there may arise in the future a dispute between another client and City of Ocoee. Our acceptance of the current representation will preclude us from accepting future representations adverse to you which involve matters substantially related to the work we perform in the course of this engagement. We do, however, reserve the right to continue to represent existing and new clients adverse to the City so long as such representation is unrelated to the work which we are performing under this Engagement Agreement and does not involve the representation of parties adverse to the City in litigation or a contested administrative proceeding. We agree that we will not represent anyone adverse to the City in litigation or a contested administrative proceeding without you prior written consent, which consent may be withheld. ORLA_593460.3 GRAYROBINSON PROFESSIONAL ASSOCIATION October 27, 2010 Page 3 We would appreciate your acknowledging that this letter correctly reflects the terms of our engagement by signing, dating and returning to me the enclosed copy of this letter. There is a space for this acknowledgment below my signature. We are very pleased to be working with you. Sincerely, aet . 1 4. W Frederick W. Leonhardt FWL:rfs Acknowledged and agreed to by the City of Ocoee, Florida this day of , 2010. ATTEST: CITY OF OCOEE, FLORIDA By: Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON NOVEMBER 2, 2010 LEGALITY this — day of , 2010. UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney # 3567065 vl ORLA_593460.3