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Contract 2022-023ASHEPARD, SMITH, KOHLMYER b HAND, RA. ATTORNEYS 6 COUNSELORS AT LAW SHEPARDFORM.COM Brian Bulthuis, City Manager City of Clermont 685 W. Montrose Street Clermont, FL 34711 RE: Special Counsel to City of Clermont Code Enforcement Board Dear Mr. Bulthuis: It is with great pleasure that Shepard, Smith, Kohlmyer. and Hand, P.A ("Firm") submits to you the following as its proposed letter of engagement to set forth the terms of my engagement with the City of Clermont ("City') to serve as a Special Counsel to the Code Enforcement Board. I. SCOPE OF SERVICES. The Firm will serve on an as needed basis, as Special Counsel to the City's Code Enforcement Board. In that capacity, a qualified Firm attorney will attend all Code Enforcement Board hearings; serve as legal counsel to the Board in accordance with its authority under Chapter 162, Florida Statutes, the City Code, and all other applicable law and participate in all matters in which my law firm or I do not have a conflict. II. PAYMENT. The City shall pay to my law firm, Shepard, Smith, Kohlmyer and Hand, P.A., the sum of $135.00 per hour for each actual attorney hour worked and $65.00 per hour for paralegal hour worked with regard to this engagement. For hearings as scheduled by the City and confirmed by the Firm, there will be a minimum of one (1) hour charged for attendance at the hearing. The City shall pay for the costs of long-distance telephone calls, postage, and mileagefor travel from the Firm's office in Maitland to the City, at the actual rate incurred by the Firm. All other costs shall be paid only if pre -approved by the City. For attorney travel time to and from City Hall, the Firm shall invoice, and the City shall pay the sum of $75.00 per hour. In all matters hereunder, my Firm will submit each month to you or your designee, a Billing Statement of hours expended for services rendered and costs incurred. All invoices 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. III. TERMINATION. The term of this engagement may be renewed annually. However, the agreement may be terminated by either parry 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. 22.1772 fax IV. MISCELLANEOUS. A. Assignment. The services to be rendered under this engagement letter shall primarily be provided by Samuel Reda, however, in the event of a scheduling conflict or other unavailability, any qualified attorney of the Firm may provide services hereunder. 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 and its attorneys are independent contractors and shall not hold themselves out employees, agents or servants of the City of Clermont. This letter of engagement shall not be binding and of no effect until it has beenexecuted by the authorized representative of the City and by the Firm. Shepard, Smith, Kohlmyer and Hand, P.A. By: Samuel S. Reda, Esq. Date: 02/ 18/2022 CITY OF CLERMONT, FLORIDA, By: Brian Bn ulthuis, as City Manager Date: 3 '' I _ ZZ Cc: Tracy Howe, City Clerk City of Clermont 685 W. Montrose Street Clermont, FL 34711