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HomeMy WebLinkAbout2019 - Retainer�1 WEISS SEROTA HELFMAN COLS & BIERMAN AT THE CROSSROADS OF BUSINESS, GOVERNMENT & THE LAW MITCHELL J. BURNSTEIN mburnstein@wsh-law.com 1 954-763-4242 October 3, 2019 Via U.S. Mail and Electronic Mail [jstokes@cityofsebastian.org] James D. Stokes, City Attorney City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Representation of the City of Sebastian in Defense of Challenges to Recent Voluntary Annexation Dear Mr. Stokes: We are pleased to have an opportunity to work with the City of Sebastian ("Client") in connection with the above -referenced matter. From our experience, we have found that our clients appreciate a frank and open discussion and understanding of the services that we will perform, and the basis upon which they will be expected to pay for those services. This letter is intended to set forth our understanding as to the nature and scope of the legal services that we have agreed to render for the Client, the amount of our fees and costs for those services, the manner in which our fees and costs for those services will be determined, and the terms upon which the Client will make payment. 1. Scone of Engagement. Our Firm is being engaged to represent the Client in defense of challenges to recent voluntary annexation. We will provide legal counsel to the Client in accordance with this letter and in reliance upon information and guidance that the Client provides to us. We will endeavor to keep the Client reasonably informed of the progress of the matter and of any significant developments, and to respond to the Client's inquiries during the course of our engagement. Zoo E. Broward Blvd., Suite igoo, Ft. Lauderdale, FL 33301 1954-763-4242 1 www.wsh-law.com James D. Stokes, City Attorney City of Sebastian October 3, 2019 Page 2 2. Staffing and Fees. Daniel Abbott will have primary responsibility for this matter, although other attorneys may work on it as well. The Client will be charged and agrees to pay for our services at the blended rate of $300 per hour for all attorney work, and $125 per hour for all paralegal work, together with applicable taxes, if any. There will be no charge for travel time as part of this engagement. It is our practice to charge for actual time expended on the Client's behalf, but not less than 2/10ths of an hour for each activity. All of our rates are reviewed on an annual basis and may be increased each year. 3. Cooperation. To enable us to represent the Client effectively, it agrees to cooperate fully with us in all matters relating to this agreement, and to disclose to us fully and accurately all facts and documents that may be relevant, or that we may otherwise request. The Client agrees to make a designated representative reasonably available to attend meetings, conferences, hearings, and other proceedings. 4. Costs. The Client is responsible for timely direct payment or reimbursement to the Firm for all non -incidental costs, such as computer research, delivery charges, recording, title searches, court reporter expenses (including cost of transcript and court reporter's fee for attendance), court costs (such as filing fees, service of process, newspaper publication costs, subpoena costs, witness fees, recording fees, etc.), accounting and appraisal fees, experts' fees, trial/hearing exhibit costs, investigation costs, and applicable lobbyist registration fees. S. Pavment of Fees and Costs. Our invoices will be submitted to the Client on a monthly basis and each invoice will be due and payable from the Client when rendered. If any invoice remains unpaid for more than 30 days after it is rendered, we reserve the right, in our discretion (subject to court approval, if necessary), to cease to provide further legal services to the Client. The Client will, however, be liable to us for the payment of any fees earned and any costs incurred by us to that time, together with any applicable taxes. We will retain any and all files, papers and other property coming into our possession in connection with our engagement without any liability to the Client until we have been paid all costs, fees and interest due us under this agreement. The Client also agrees to the imposition of a charging lien for any monies due us on all real and personal property that is preserved, protected or obtained as a result of the representation undertaken herein. Interest at the rate of 12% per annum will be added to any invoice which remains unpaid for more than 30 days after it is rendered. 6. Withdrawal from Representation. We reserve the right to withdraw from representing the Client if it has misrepresented or failed to disclose material facts to us, or if we disagree about the course of action which should be pursued. WE COLR&Alv B ERMAN E AT THE CROSSROADS OF BURNES5, GOVERNMEnT & THE LAW James D. Stokes, City Attorney City of Sebastian October 3, 2019 Page 3 7. Representation of Other Clients. We are bound by rules of legal ethics not to represent any client if the representation of that client will be directly adverse to the interests of another client, unless each such client consents to such representation after consultation. If this letter is addressed to more than one person, the Client's signature of this letter will constitute such consent with respect to the matter or matters specifically described in the paragraph of this letter titled "Scope of Engagement." 8. Fees for Other Services. In the event the Client asks us to render legal services with respect to other matters, in the absence of a written agreement specifically addressing that representation, the other matters will be handled on an hourly basis, and fees and costs will be payable at our customary hourly rates for such services, with no maximum or minimum amounts. 9. Commencement of Representation. If the foregoing is agreeable to the Client, please have it acknowledge its understanding and agreement by signing this letter and delivering it to us. We appreciate your confidence in us and we assure you that we will make every effort to perform our services in a prompt and efficient manner. Very truly yours, WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. By: R\� 1k 6UJZX�1— Mitchell J. Burnstein AGREED AND ACCEPTED on October 9 2019. CITY OF SEBASTIAN By Print name: James D. Stokes Title: City Attorney WEISS SEROTA HELFMAN COLE & BIERMAN AT THE CROSSROADS OF BusiwSS. Goytmw T & THE law