Contract 2024-081A2024-081 A
INTERIM LEGAL COUNSEL TO THE CITY OF CLERMONT
I SCOPE OF SERVICES
As legal counsel to the City, the Firm primarily through Christian
Waugh, Esq. and other attorneys as may be assigned, shall represent
and advise the Council, City Manager, Department and Division
Directors and other staff, including, but not limited to, attendance at
all regular and special City Council meetings; attendance at regular
and special meetings of the City's Planning and Zoning Board and
Code Enforcement Board, attendance at all other meetings,
conferences, work sessions and the like, as requested by City; review
of agenda and agenda support or back-up materials for any such
meeting(s); review and preparation of contracts as request d by the
City; review of ordinances and resolutions scheduled or proposed for
City Council consideration or action; telephone and office
conferences with city officials and staff, and maintenance by
Christian Waugh, Esq. of regular office hours at City Hall one full
day per week for provision of the services contemplated herein.
Assignment of any Partner or associate of the Firm to any of the
services contemplated herein shall be subject to approval by the
City. If it is determined and mutually agreed by the parties that if
specialized outside counsel, i.e. bond counsel, claims defense
counsel and labor' counsel for arbitration and collective bargaining
negotiations is required to represent the City, then such services shall
be outside the scope of the services of this agreement, other than
the requirement of the Firm to serve as co -counsel with outside
counsel in the specialized representation of the City. Provided,
however, the Firm shall provide pursuant to the fee set forth in II
A, below, general labor and employment counsel with regard to all
non -litigation employment matters, including but not limited to,
periodic training in labor issues such as harassment and
disciplinary matters.
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II. PAYMENT
A. Non Litigation General Matters: The City shall pay to
Waugh, PCCL (the "Firm") $8,295.33 per month without regard or
reference to the hours actually worked for all services, including
costs, such as copy, facsimile, ordinary travel, postage and
telephone charges rendered on behalf of the City. Effective
December 11, 2024 and every other year thereafter, the above -
referenced monthly base fee amount shall automatically increase by
five (5) percent.
B. Litigation (Fees not covered or reimbursed by City's
Insurance Carrier) The City shall pay to Waugh, PLLC the sum of
$165 per hour plus costs for each actual hour worked in a litigation
matter not covered by the City's insurance carrier.
C. Litigation: (Fees covered or reimbursed by City's
Insurance Carrier). In the event the Firm represents the City in
these matters, the City shall pay the Firm such sum as provided
or established by the City's carrier.
Litigation Defined: A litigation matter is defined as any action to be
instituted or pending before any Court, Judicial Officer, Arbitration
Panel, Judge, Administrative Hearing Officer, Special Master or
Magistrate, in which the City is a party.
In all matters hereunder, the Firm will submit each month to the
City Manager, or his designee, a Billing Statement of hours
expended for services rendered and costs incurred. The portion
of the statement setting forth the hours for services rendered shall
specify for each entry the amount of time expended, the lawyer by
whom the time was expended, and a description of the tasks or
services performed. The portion of the statement setting for the
costs incurred shall specify the amount for each category of costs.
The City Manager, or his designee, upon review and approval of the
invoice, will authorize payment for the costs expended, and
payment shall be processed and made in the same manner as for
all other City invoices and statements. All invoices shall be due
and payable within thirty (30) days of the date of the invoice.
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III. CONFLICT REPRESENTATION.
For all services that the Firm would otherwise provide pursuant to
Sections I and II A. above, and which, in its sole judgment, the
Firm cannot provide due to a conflict or other similar reason, the
Firm shall incur the expense of insuring that the City is
represented in the particular matter. In the event such a conflict
exists, the City shall have the right to select counsel to represent
it in the particular matter. Nothing contained herein shall affect
this agreement or the representation of the City by the Firm.
IV. TERMINATION.
The term of this engagement may be renewed annually. However,
the agreement may be terminated by either party immediately with
cause or upon thirty (30) days written notice without cause. If such
termination occurs, the Firm will be paid for all services rendered
and costs incurred, if applicable, to the date of notice of termination.
V. REPRESENTATION, COVENANTS AND WARRANTIES.
By executing this engagement letter, Christian Waugh, Waugh,
PLLC represent, covenant, and warrant to City as follows:
A. Christian Waugh, will be assigned to perform the scope of
services contemplated herein. Further any other Firm attorneys that
may be assigned shall have sufficient experience to perform the
contemplated services;
B. the Firm is not currently representing any clients before
the City or in litigation related to any order or decision of the
Council.
C. the Firm has sufficient time to execute and fulfill the duties
of legal counsel to the City and is not burdened by possibilities
or workload or by personal or other constraints that would
interfere in any material respect with the Firm's obligations
hereunder
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IV. MISCELLANEOUS.
A. Assignment. The services to be rendered under this contract
are personal to Waugh, PLLC and may not be assigned other than
as provided herein, either directly or indirectly, to any other
person or firm.
B. Amendments. This engagement letter may be amended only
by written instrument signed by the Firm and the City of
Clermont.
C. Independent Contractor Status. In the performance of legal
services hereunder, the Firm's employees are independent
contractors and shall not hold themselves out as employees, agents
or servants of the City of Clermont.
D. It is expressly agreed that upon the expiration of six
months from the effective date of this engagement agreement,
the parties shall review the terms and conditions contained
herein and make any and all mutually beneficial revisions.
E. This engagement contract shall take effect December 11.2024.
This contract of engagement shall not be binding and of no
effect until it has been executed by the authorized representative of
the City and by Christian Waugh individually and on behalf of the
firm.
Waughs PL C
By: v ,`fi
Christian Wau , Esq.
Date:
CITY OF CLERMONT, FLORIDA, as
authorized by its City Council
Tim Murry, ayor
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