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Home My WebLink About2023 AgreementMBBACK DOMINICK ATTORNEYS AT LAW 1947 LEE ROAD WINTER PARK, FLORIDA 32789-1834 G. BEN EISHDACK J1893-1983) IULIAN K. DOMINICK (1924-2003) MARK F AHLERS A KURT ARDAMAN JOHN F, BENNETT J, GIFFIN CIIUMLEY RICHARD S. GELLER ERIC B. IONTZ ,I rr FRY R JONTZ DANIEL W. LANGLEY ANDREW W. MAI BRANDON POWNALL CHARLES R. STEPTER, JR. MIC14AEL D. TEMPKJNS March 9, 2023 City of Sebastian C/O Manny Anon, Jr., Esq. 1225 Main Street Sebastian City Hall Sebastian, FL 32958 manonna ciwofsebastian ory RC: Retainer Agreement for Legal Services Dear Mayor Jones: TEL (407) 262-8400 PAX (407) 262-0402 WWW.FISHBACKLAW COM FLORIDA BAR BOARD CERTIFIED IN CITY, COUNTY AND LOCAL GOVERNMENT Thank you for retaining the law firm of Fishback Dominick LLP (herein "Fishback Dominick" or the "firm") to represent City of Sebastian. This letter constitutes the engagement agreement between the City of Sebastian (sometimes herein the "City") and Fishback Dominick, and this letter outlines the terms of the firm's legal representation and fee schedule for services to the City is sometimes herein referred to as "you" or "client." Fishback Dominick's attorneys' fees are based upon the time spent, including travel time, at the hourly testes in effect for firm attorneys, paralegals and legal assistants that perform the work. Attorney and paralegal time will be billed in quarter of an hour increments. Our hourly rates are as follow: Andrew Mai $275.00/hr. Attorneys $275.00/hr. Paralegals $125.00/hr. Legal Assistants $85.00/hr. Invoices for attorneys' fees and out-of-pocket disbursements, authorized by the City Manager, will be rendered on a monthly basis, Such monthly bills will be due within twenty (20) days from the date mailed. Invoices will be sent to you at the above specified address, either by e-mail or U.S. mail. The turn reserves the right to withdraw from its representation of you in the event invoices are not promptly paid in full, including withdrawing as legal counsel in pending administrative proceedings or litigation. With regard to cost reimbursement, authorized by the City Manager, the City agrees to reimburse the Firm for its out-of-oocket costs, including court filing fees, court reporter's fees, long distance telephone calls, facsimile charges, electronic research (e.g. Lexis-Nexis and Westlaw), real estate closing costs, express delivery charges, postage, printing, costs of reproducing documents (in film copies billed at $0.05 per copy/.07 per double sided copies), and necessary travel exuenses at IRS standard mileage rates (this does not include mileage back and forth from law firm to City Hall or Indian River Courthouse) and other similar expenses. The rendering of title commitments and issuance of title insurance policies incident to the purchase or sale of real estate by City, if any, will be in accordance with applicable promulgated rates for such insurance plus cost of title search. The Firm may, at the City Manager's discretion, serve as title agent on all transactions involving the. City's purchase or sale of real property, unless otherwise directed by the City Council. Real estate transaction and closing services will be charged at hourly rates set forth above. For legal services involving the City Attorney's issuance of an opinion letter concerning the legality of the City's issuance of general obligation bonds, revenue bonds, or other types of bonds or notes, if requested by the City Manager, the Firm shall receive a lump sum fee for such services to compensate the Firm not only for the time incurred in reviewing and revising the bond documents and the draRing of an legal opinion letter, but also to compensate the Firnr for the risks associated with issuing the opinion letter based on the following: 005 of bond amount for bonds up to $5,000,000 (minimum $7,500); Over $5,000,000 — Charge the above up $5,000,000 plus .0015 of amounts over $5,000,000. In order to enable the firm to effectively represent you, you agree to openly and freely communicate with, and provide requested information and documents to the firm, and keep the firm apprised of all developments relating to each matter for which the firm is involved. Pursuant to the Florida Rules of Professional Conduct 4-1.2(a), a lawyer shall abide by a client's decision whether to settle a matter. It is your decision whether to settle any matter, and at what value or consideration. Work product, including without limitation, legal research, memoranda, and notes, generated by the four and its lawyers and other personnel during the course of representation remains the sole property of Fishback Dominick at all times. The firm will maintain any original records you furnish us in our client file (or files). At the conclusion of the matter (or earlier, if appropriate), it is your obligation to advise the firm as to which, if any, of the original records in our files you wish us to turn over to you. We will retain any remaining records in our files for a reasonable period of time and ultimately destroy them in accordance with our record retention program schedule then in effect. In the event that our representation is terminated and you have not paid for all services rendered and/or other charges accrued on your behalf to the date of our withdrawal, the firm may, to the extent permitted by law, assert a retaining lien against any of your records and other items remaining in our possession until such charges are paid. The parties agree that any dispute regarding Fishback Dominick's engagement on this matter will be adjudicated in state court in Indian River County, Florida. Florida law will apply without regard to conflict of law principles. This Agreement may be executed in any number of counterparts, the aggregate of which shall constitute a single document. Electronic and/or facsimile and copies of original signatures to this Agreement are sufficient and will be treated as originals. Our legal services may be terminated by either you or Fishback Dominick at any time; however, any attorneys' fees and costs incurred by my firm to the date of termination shall be paid in full. Further, you shall pay Fishback Dominick for my services rendered and expenses incurred to transition cases and matters to other legal counsel retained by you. Please indicate your agreement with the above by executing below and returning a signed copy to me. I look forward to working with you on this matter. Thank you again for retaining my firm's services. Sincerely, AN� MAI AWMJcmc I agree to the above terms and conditions of representation. CITY OF SEBASTIAN = By: -_ FRED JONES Mayor of the City of Sebastian Date: n3h5/-?0.23 ATTEST: nette Williams, MMC City Clerk 1.14.p , Approved o fo for Reliance the of S tian only: any r ity Attorney