SHERROD & BERNARD
(770) 920-8350
CONTRACT OF ATTORNEY & CLIENT
THIS AGREEMENT is made this date, by and between the Douglas County (Georgia) Board of Education (hereinafter referred to as "Board") and the law firm of Sherrod & Bernard (hereinafter referred to as "Sherrod & Bernard"). The Board hereby employs and retains SHERROD & BERNARD to serve as General Counsel on behalf of the Board for one year beginning July 1, 2009 (“effective date”), plus extensions as provided herein (collectively referred to as “term”). This contract shall be automatically extended for an additional period of twelve (12) months upon each annual anniversary of the effective date hereof, unless the Board notifies Sherrod & Bernard in writing ninety (90) days in advance of the annual anniversary of the effective date hereof that said contract shall not be automatically extended.
In consideration of the advice, counsel, and professional services provided by Sherrod & Bernard as General Counsel, the Board agrees to pay Sherrod & Bernard according to the following schedules:
(a) For all legal matters pertaining to the Board [except financing packages which include but are not limited to bond indebtedness, sales tax revenue, notes, or other related revenue generating matters (hereinafter collectively referred to as "Funding")], the Board shall compensate Sherrod & Bernard at the guaranteed annual sum of two hundred ninety-five thousand two hundred seventy-five dollars ($295,275.00) per year payable in equal monthly installments on the first (1st) day of each month beginning July 1, 2009, (this contract including each renewal or extension hereof shall also include any percentage increase in total compensation awarded to certificated teachers beginning July 1, 2009), plus costs and expenses as outlined herein;
(b) For all funding matters, Sherrod & Bernard shall be compensated at the fair market rate for said legal services. The fair market rate is intended to be the compensation customarily paid to lead counsel representing the board on said funding matters and shall be consistent with the board’s historical rates for similar services. Sherrod & Bernard shall serve as lead issuer’s counsel on all funding matters pertaining to the Board, including but not limited to those created by contract or lease; and
(c) The Board shall reimburse Sherrod & Bernard for all actual expenses incurred for said attendance at retreats, seminars pertaining to school law and related governmental matters, including travel, accommodations, meals, and tuition/supplies, if necessary.
In addition to the fees described above, the Board shall reimburse Sherrod & Bernard for all costs and expenses incurred in connection with its representation, including but not limited to the following:
(a) Mileage @ 54 cents per mile (only for destinations outside of
(b) Photocopying costs @ 25 cents per page;
(c) Facsimile costs @ 15 cents per page;
(d) Long distance telephone calls (actual cost);
(e) Postage (actual cost);
(f) Courier fees and Federal Express Delivery (only for destinations outside of
(g) Coach class airfare (if travel exceeds 150 miles outside radius of
(h) Filing and service fees (actual cost);
(i) Private investigator and expert witness fees (actual cost);
(j) Deposition and transcript costs (actual cost);
(k) Medical records (actual cost);
(l) Subpoena witness and mileage fees (actual cost); and
(m) Any other reasonable and necessary expense actually incurred.
The Board agrees to tender full payment to Sherrod & Bernard by the first day of each month.
Except termination for legal malpractice (as determined by a court of competent jurisdiction), if terminated by the Board for any reason other than malpractice as described above, or the contract is not extended, the Board shall pay Sherrod & Bernard the balance of any term remaining hereunder plus a prorated six (6) months of compensation hereunder as guaranteed severance pay. Said payment shall be made to Sherrod & Bernard by the Board in a single payment within thirty (30) days of said termination or non-renewal. At its option and without compensation to the Board, Sherrod & Bernard may terminate this contract by giving the Board ninety (90) days advance written notice.
This is the complete and integrated agreement between the parties hereto. Time shall be of the essence. This Agreement shall be construed under the laws of the state of
Executed under our hands and seals this 15th day of June, 2009.
SHERROD & BERNARD: DOUGLAS
By: _______________________________ By: __________________________________________
KENNETH R. BERNARD, JR. Title: __________________________________________
ATTEST: _______________________________
Title: _______________________________