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HomeMy WebLinkAboutRESOLUTION NO 16 10 394STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 16-10-394 RESOLUTION AND AGREEMENT BY THE CITY OF MIL TON APPOINTING JARRARD & DA VIS, LLP AS CITY ATTORNEYS NOW THEREFORE, BE IT ORDAINED BY THE City of Milton that this Resolution reflects the agreement of the City of Milton that Jarrard & Davis, LLP ("J&D") are hereby appointed to serve as City Attorneys under the following terms and conditions. 1. Designated Areas of Responsibility J&D shall be responsible for the general legal representation of the City of Milton and all of its agencies, employees, elected officials, and departments irrespective of the nature or type of legal matter involved, and specifically including but not limited to, matters of litigation, property acquisition, zoning, contract review and negotiation, and general counsel and advice. (The "Representation"). 2. Rate of Fees The Representation as defined above shall be provided at a billable rate of $175.00 per hour for attorney services and $75.00 per hour for paralegal services. 3. Billing Methodology A copy of J&D's billing policies are attached hereto as Exhibit A. 4. Conflict Counsel In the event that J&D is presented with a legal conflict on a certain matter for which J&D has responsibility, and no waiver of conflict is secured, the City Council, upon becoming apprised of such conflict by J&D, shall appoint different counsel to handle the matter in resolution of the conflict. J&D is authorized to provide a recommendation regarding selection of conflict counsel and, absent unusual circumstances, conflict counsel shall charge a rate that is the same as set forth in paragraph 2. 5. Expenses Expenses incurred such as computerized research, postage, copying, transcripts, court reporters, expert witness fees , and other out-of-pocket expenses shall be billed directly to the City. 6. Termination This appointment may be terminated at any time, with or without cause, upon formal vote of the City of Milton to so terminate. SO RESOLVED, this 17111 day of October, 2016. CITY OF MIL TON Joe LockwooG2f / Exhibit A JARRARD & DA VIS, LLP BILLING POLICIES Our Firm's standard policies provide for billing for our legal services on a monthly basis. Our invoices include a description of the services performed by attorneys or paralegals on a legal project. Also, we include a list of out-of-pockets expenses, which may include copying, online research, postage, filing fees, and other costs. Jarrard & Davis, LLP bills in 1/10 of an hour increments. Thus, 0:01 -6:00 minutes of attorney or paralegal time is billed as a .1, 6:01 -12:00 minutes is billed as a .2 and so forth. Payment of an invoice is due within thirty (30) days from receipt by a client. We reserve the right to impose an interest charge at a rate of one and one-half percent ( 1 Yi % ) per month on the outstanding balance of an account. We encourage our clients to contact us if they have any questions regarding an invoice or the performance of our legal services. Our fees for legal services are based on the amount of time expended by an attorney or paralegal on a project, to include travel time. Where possible, we attempt to have a matter addressed by an attorney or paralegal at the lowest possible billing rate, keeping in mind the risk level and complexity of an assignment. In the case of a new client or a special project (which may include such matters as large corporate transactions, litigation or arbitration, or projects which require immediate attention), we may request an advance or special retainer. Also, in these cases, we may arrange with our client an alternate arrangement for payment, such as at the closing of a transaction.