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HomeMy WebLinkAbout1991 08 22 - Negotiation PhaseJ. CHARLES GRAY GORDON H. HARRIS RICHARD M. ROBINSON PHILLIP R. FINCH PAMELA O. PRICE JAMES F. PAGE, JR. PHILIP H. TREES WILLIAM A. BOYLES THOMAS A. CLOUD BYRD F. MARSHALL. JR. J. MASON WILLIAMS, M LEO P. ROCK, JR. O. ROBCRTSON OILG CHARLES W. SELL JACK A. KIRSCHENSAUM JAMCS W. PCCPLES XG FORREST S. FIELDS, JR. 0000� GRAY, HARRIS & BOBINSOIV PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 1200 SOUTHEAST BANK BUILDING 201 EAST PINE STREET POST OFFICE BOK 3068 ORLANDO, FL 32802.3060 GLASS BANK BUILDING 506 NORTH ORLANDO AVENUE POST OFFICE SOX 320757 COCOA BBACH, FL 32936-0757 TELEPHONE 1407) 843-8680 TELEPHONE (407) 783-2218 FAX 1407) 2M-5880 FAX (407) 783-2287 WRITERS DIRECT DIAL PLEASE REPLY TO: Orlando August 22, 1991 Robb McClary City Manager City of Sebastian P.O. Box 780127 Sebastian, Florida 32978 THOMAS O SHAW PAUL J. MORRIS ALAN R. BUTTERWORTH DEBORAH S. HERNANDEZ PAUL S. GUINN, JR. DAVID L. SCHICK JACK K. MCMULLEN ORLANDO L. EVORA SUSAN D. TASSELL FREDERICK W. RICHARDS RICHARD E. BURKE LORI R. DENTON ANTHONY J. COTTER TRACY A. BORGERT JOHN B. SHOEMAKER LISA 4 FRANK' MICHAEL K. WILSON MARK S. WALKER MALCOLM R. KIRSCHENBAVM OF COUNSEL MEMBER OF NEW YORK AND CONNECTICUT BARS ONLY VIA FACSIMILE 407/589-5570 AND U.S. MAIL RE: Representation of City of Sebastian - Negotiation Phase with Indian River County Dear Mr. McClary: As you recall, we were engaged to provide legal services as special attorney to the City on water and sewer matters by Sebastian City Council action of March 27, 1991. You were later authorized to submit an agreement to City Council to authorize my firm to proceed with the negotiations with certain agreements in preparation of other necessary documents in order to modify certain agreements between the City and Indian River County relating to the provision of water, sewer and sewer service within the City. The following arrangement is made with our firm regarding fees and costs: (1) As with all prior legal services, our firm will charge for our services on an hourly basis at $175.00 per hour for all lawyers. I will be responsible for all legal work performed (however, we reserve the right to utilize other members and employees of the firm whenever, in our discretion, we deem it appropriate). Other non -lawyer personnel (such as paralegals) will be charged at their prevailing hourly rate, which typically ranges between $40.00 to $60.00 per hour. GRAY, HARRIS 8C ROBINSON PROFESSIONAL ASSOCIATION Robb McClary August 22, 1991 Page 2 (2) In addition to the fees, the firm expects to reimbursed for all out-of-pocket costs incurred in connection with rendering legal services to the City, including without limitation expenses for travel (at the state approved rate of $.20 per mile), word processing, telephone, document production, xeroxing, postage, air freight and stenographic overtime. (3) Our statement for fees and costs will be submitted on a monthly basis and are to be paid within thirty (30) days of receipt of the statement. I have also attached a copy of the firms policy regarding fees and expenses, and that document is incorporated by reference as a part of this representation letter. You also requested that I develop an estimate for fees and costs for the completion of the negotiation of the agreements with Indian River County. As you know, it is very difficult to predict the amount of time and effort that will be involved in order to negotiate these utility agreements with Indian River County; a lot of it will depend upon the reasonableness of a party outside of our control and the control of the City. However, at the present time, I believe a reasonable estimate of fees and costs to be in the neighborhood of $30,000.00. Please indicate acceptance of our representation and agreement regarding the fee and cost arrangement by signing a copy of this letter in the appropriate place below and returning it to our office. An extra copy is being forwarded with the original copy by U.S. Mail for execution by the Mayor. You can keep the extra copy for your files. You have authorized and directed us to take all actions which we deem advisable on your behalf. We will notify you promptly of all significant developments and consult with you in advance as to any significant decisions attendant to those developments. We appreciate the confidence and trust you have reposed in us in selecting us to act on your behalf. We encourage you to communicate with us at any time on the status or progress of this or any other matters. GRAY, IIARRIS & Roui NSON PROFESSIONAL ASSOCIATION Robb McClary August 22, 1991 Page 3 We look forward to working with you. If there are any questions, please don't hesitate to contact me. Sincerely, GRAY, HARRIS & ROBINSON, P.A. By: C� Q' Thomas A. Cloud SIGNED UNDER PROTEST Accepted: [�/li Mayor Date: TAC: jlm Enclosure: Policy Regarding Fees and Costs GRAY, HARRIS & ROBINSON, P.A. POLICY REGARDING FEES AND COSTS Quality legal service and good results for you require skill and time. These are our "stock and trade". Generally our fees are based on our skill and our time expended. It is always proper for you, our client, to discuss fee arrange- ments, progress in the matter, or details of a particular bill. This short statement explains the basis of our charges. If you have any questions, please do not hesitate to ask. Consultation: If you come to our office for an initial consultation, charges, if any, will be based on the time spent with you. If our consultation with you reveals the need for further study of the law or the facts of your case before an opinion can be rendered, this further step will be discussed with you and a reasonable fee, calculated on the same basis, will be charged. Our hourly rates vary depending upon the skill and experience of the attorney assigned to your matter. Use of Paralegals or Law Clerks: We will use, when it is in your interest to do so, the services of a paralegal or law clerk employed by the firm. The rates for the paralegals and law clerks are less than the rates of our lawyers and vary depending upon skill and experience. Lexis Research. Document Production and Other Costs: Occasionally we will use computerized research (Lexis) to assist us in handling your matters. Lexis computer research permits us to research cases throughout the state and country which have particular applicability to the legal matter which we are handling for you. This research service can save a lawyer many hours of research time. We are charged by Lexis for each minute of use of the computer. We will bill you a flat fee per hour for the use of the computer plus the normal hourly rates of the lawyer conducting the Lexis research. This service will only be used when we believe that it will save you money to do so. You will also be charged for document production, postage, reproduction, telecopies, couriers, express mail, long-distance telephone costs and other out-of-pocket costs. All costs will be itemized on our statement to you. Standardized Fees: We can quote a fixed fee for some standardized services, which will be paid in advance unless other arrangements are made at the outset. In some cases, our fee may be fixed by the court or by law. Variable Fees• In most matters (for example, a court action, contract negotiation or tax planning) it is generally impossible for us to predict in advance how much time and skill will be required. Because of these uncertainties, it is more equitable to avoid a fixed fee arrangement. We shall be pleased, however, to furnish you with an estimate based on our experience in similar cases. This estimate is not binding and will not take into account unforeseen complications or difficulties. Retainers: It is frequently the practice of lawyers, and it is the policy of our office, to request a reasonable retainer. The retainer is in the nature of a deposit for our time. We may also request a deposit for costs and expenses at the time we agree to proceed with your matter, which will be placed in our Trust Account and drawn on to pay such direct costs. Contingent Fees: In some situations, it is the custom of lawyers to arrange with their clients for a contingent fee. These agreements provide that the attorney shall receive a fixed percentage of the total recovery as his compensation for handling the case, plus our costs as outlined above. No compensation is payable in the event he is unsuccessful in obtaining monetary recovery. In the event that you wish to be considered for a contingency billing arrangement we will discuss the same with you. It is the policy of the firm to accept no contingency cases unless the same are approved by the Firm's Executive Committee. Statements for Fees: Our lawyers and paralegals will keep accurate records of the time expended and service performed on your matters. When you receive your statement, we shall outline for you the nature of the pro- fessional service rendered and the fee which we consider reasonable. The fee will be, in most cases, based mainly on the time devoted to your work and the professional skill involved. The Supreme Court of Florida has ruled that where a favorable result has been obtained for the client a "reasonable attorney's fee" should consider that favorable result and may result in a fee greater than just a normal hourly rate. We will charge such a fee where we believe it is justified and in accordance with the Supreme Court's guidelines. Although time expended is the major fee - determining criterion, ultimately the total and final fees will be based on a more comprehensive measure of the reasonable value of our services. Factors other than the amount of time required, such as the uniqueness and complexity of the questions involved, the skill required to provide proper legal representation, familiarity engagements caused by the acceptance of this engagement, the magnitude of the matter, the results achieved, customary fees for similar legal services, the nature and length of our relationship with you will all have a significant bearing on the reasonable value of the services performed. You, of course, may discuss your fees with us at any time you have a question regarding the same. Costs advanced on your behalf will be noted on the statement. In some cases, costs will be billed separately from fees, which may be billed at a later date. Withdrawal From Representation: We reserve the right to withdraw as your counsel in the event you fail to honor your agreement with respect to our legal fees or for any just reason as permitted or required under the Florida Code of Professional Responsibility or as permitted by the rules of courts of the State of Florida. In the event of our withdrawal you will promptly pay for all services rendered by us prior to the date of withdrawal. Commencement of Representation: Our representation of you will not commence until we receive a signed copy of the letter to which this statement is attached, together with payment of any retainer specified therein.