HomeMy WebLinkAboutAgreementMBBACK 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
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Approved o fo for
Reliance the of S tian only:
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ity Attorney