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HomeMy WebLinkAboutResolutions 22-01-579 - 01/19/2022 - Appointing Jarrard & Davis as City Attorney' STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 01— 57 g RESOLUTION AND AGREEMENT BY THE CITY OF MILTON APPOINTING JARRARD & DAVIS, 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 the billable rates set forth in the Schedule of Hourly Rates attached hereto as Exhibit A. 3. Billing Methodology A copy of J&D's Statement of Client Policies and Electronic Research and Billing Policy are attached hereto as Exhibit B. 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 final vote of the City of Milton to so terminate. SO RESOLVED, this 19 day of , 2022. CITY OF MILTON May eyton Jamison IEXHIBIT A SCHEDULE OF HOURLY RATES Partner Rates• Founding Partners (Ken Jarrard & Angela Davis) $275.00 /hour Partners and of Counsel $250.00 /hour Associate Rates: Tier 1 Associate $200.00 /hour Tier Associate $215.00/hour Tier 3 Associate $225.00 /hour Tier 4 Associate $240.00 /hour Paraleeal Rates: ' Paralegal $150.00 /hour EXHIBIT B I STATEMENT OF CLIENT 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, 0-6 minutes of attorney or paralegal time is billed as a .1, 6:01 — 12 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 % %) 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. We look forward to working with your company and encourage you to contact us if you have any questions regarding these policies. ELECTRONIC RESEARCH BILLING POLICY Jarrard & Davis, LLP currently uses Westlaw/WestlawNext as its electronic research provider. Westlaw/WestlawNext is a subscription -based service that requires payment of a fixed monthly rate that is based upon the number of users and the scope of services used. Our monthly cost for the subscription to this service is allocated to each Client/matter based on the number of transactions and the source database used for the research. Additional costs for research performed outside of our monthly subscription plan are charged to the related Client/matter. Jarrard & Davis, LLP tries to limit "out of plan" research outside whenever possible, and resorts to "out of plan" research only if such research is determined to be in the best interest of the client. No additional charges are added to the allocated research fee. Jarrard & Davis, LLP only bills the cost of our monthly electronic research fee, based on the method described above, less any "firm" or "in-house" research. Any research for in-house or "firm" related matters are not allocated to our clients.