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HomeMy WebLinkAboutDocumentation_Regular_Tab 6G_5/10/2001 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. ATTORNEYS AT LAW 2001 MAY -3 AM 9: 54 NINA L.BONISKE MIAMI-DADE OFFICE GERALD T. HEFFERNAN• JAMIE ALAN COLE 2665 SOUTH BAYSHORE DRIVE JOHN R. HERIN,JR. EDWARD G.GUEDES SUITE 420 CHRISTOPHER F. KURTZ STEPHEN J. HELFMAN PETER A.LICHTMAN GILBERTO PASTORIZA MIAMI, FLORIDA 33133 KAREN LIEBERMAN• JOSEPH H.SEROTA MATTHEW H. MANDEL RICHARD JAY WEISS BERNARD S. HANDLER* DAVID M.WOLPIN TELEPHONE (305)854-0800 ALEXANDER L.PALENZUELA-MAURI STEVEN W.ZELKOWITZ TELECOPIER (305)854-2323 GARY I. RESNICK• NANCY RUBIN• WWW.WS H-F LALAW.CO GAIL D.SEROTA• THOMAS J.ANSBRO• BROWARD OFFICE DANA S.SCHWARTZ LILLIAN ARANGO DE LA HOZ• 3107 STIRLING ROAD,SUITE 300 ARI C.SHAPIRO ALISON S.BIELER FORT LAUDERDALE, FLORIDA 33312 JEFFREY P.SHEFFEL MITCHELL A.BIERMAN TELEPHONE(954)763-4242 • TELECOPIER (954) 764-7770 NANCY E.STROUD• MITCHELL J. BURNSTEIN SUSAN L.TREVARTHEN ELAINE M.COHEN CARMEN I.TUGENDER DOUGLAS R.GONZALES *OF COUNSEL DANIEL A.WEISS* May 2, 2001 VIA FEDERAL EXPRESS Mr. Michael Couzzo Village Manager Village of Tequesta 250 Tequesta Drive, Suite 300 Tequesta, Florida 33469 Re: Retainer Agreement Dear Mike: We are pleased that the Village of Tequesta ("Village")wishes to engage our Firm to perform legal services. From our experience, we have found that 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 we have agreed to render for the Village, the amount of our fees for those services,the manner in which our fees for those services shall be determined and the terms upon which the Village will make payment. 1. Nature of Legal Services. The Village has engaged us to represent the City as employment and labor counsel. 2. Fees for Services. The Village will be charged and agrees to pay for our services on the basis of hourly rates established from time to time for the attorneys in our Firm, together with applicable taxes if any. It is contemplated that Edward G. Guedes will have primary responsibility for this matter and will be assisted by other attorneys in the Firm, including, but not limited to, David Mr. Michael Couzzo May 2, 2001 Page 2 Leibowitz and Nina L. Boniske. The Firm will charge a blended hourly rate of $175.00 for all attorneys working on employment and labor matters. It is our practice to charge for actual time expended on behalf of the Village,but not less than 2/10ths of an hour for each activity. 3. Costs. In addition to the fees discussed in paragraph 2, we anticipate that certain expenses may be incurred and advanced on behalf of the Village. These expenses may include filing fees, recording costs, out-of-City travel expenses, delivery charges, long distance telephone charges, photocopies (xerox), special postage (express mail, certified mail and the like), computer research charges, 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, fees and expenses of experts necessary to assist in the preparation and hearing of a case, investigation costs, word processing fees, computer charges and applicable lobbyist registration fees. In addition to our fees for legal services, the Village agrees to pay us for such out-of-pocket expenditures. 4. Payment of Fees and Costs. Our invoices will be submitted to the Village on a monthly basis and each invoice will be due and payable when rendered. The Village must understand that 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 Village. The Village will, however, be liable to us for the payment of any fees earned and any costs incurred by us to that time. In the event we are ultimately required to bring suit to collect any unpaid fees and costs, the Village understands that it will be required to pay reasonable attorneys' fees as well as legal interest on the amount of any fees and costs due us. The Village further understands that we have the right to retain any and all files, papers and other property coming into our possession in connection with our engagement without any liability to the Village until we have been paid all costs, fees and interest due us under this agreement. The Village 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. 5. Withdrawal from Representation. We reserve the right to withdraw from representing the Village 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. 6. 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, your signature of this letter will constitute such consent from each of you with respect to the matter or matters specifically described in the paragraph of this letter entitled "Nature of Legal Services." Please be advised that from time to time we are called upon by clients to represent them as to requests for various approvals and as to other matters with respect to the Village. We will consult with WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. Mr. Michael Couzzo May 2, 2001 Page 3 the Village about any potential conflict of interest in our representation of those clients in accordance with Rule 4-1.7 of the Rules Regulating the Florida Bar, and so long as such representation is not in an adversarial position to the City, the Village agrees to consent to such representation. 7. Fees for Other Services. In the event the Village asks us to render legal services with respect to matters that fall outside the scope of this agreement, the Firm will endeavor to obtain formal approval from the Village Council before rendering such services. However, should the circumstances require that the services be rendered in order to protect the Village's interests before formal approval can be obtained from the Village Council, the Firm will render perform such services on an hourly basis, and fees and costs will be payable under the same terms and conditions as provided for in paragraphs 2 and 3of this letter. As soon thereafter as practicable, the Firm will proceed to obtain formal approval from the Village Council for the services already rendered and any others that may thereafter be required. 8. Commencement of Representation. If the foregoing is agreeable, please acknowledge this understanding and agreement by signing this letter on behalf of the Village and delivering it to us. We appreciate the Village's confidence in our Firm and we assure you that we will make every effort to perform our services in a prompt and efficient manner. Sincerely, WEISS SEROTA HELFMAN PASTORIZA&GUEDES,P.A. By: &Ikkal,>keeled) Edward G. Guedes AGREED AND ACCEP'1ED on , 2001. Village of Tequesta,Florida By: Michael Couzzo Village Manager cc: Richard Jay Weiss, Esquire Joseph H. Serota, Esquire WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A.