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Home My WebLink AboutDocumentation_Regular_Tab 06G_05/10/2001 � r,� �'~ G ��1+ s��` y �a � �� , , � a,�: � a4 �� ;,� � ��h��`K� MEMORANDUM TO: Mayor/Council FROM: Michael R. Couuo, Jr. , Village Manager ► DATE: May 2, 200 I �'" "��-'—'--,� SUBJECT: Retainer Agreement for Employment and Labor Legal Services I am providing for your review and use, a copy of the retainer agreement with the law firm of Weiss, Serota, Helfman, Pastoriza & Guedes, P.A. for employment and labor services. I have had experience with this firm, and found them to be very responsive and capable. This agreement has now been forwarded to Village Attorney Randolph for review and comment. M RC/rr Attachment Word\MyDocumenu\Couao\Retainer Agreement Memo Ntay z, Zoo1 VIA FEDERAL EXPRESS Mr.lVfichael Couzzo Village Manager Village of Tequesta 250 Tequesxa Drive, Suite 300 Tequesta, Florida 33469 RC: Retainer A r��ment Dear Mike: We aze pleased that the V'illage of Tequesta ("V'illage") wishes to engage our F'um to peiform legal services. From our experience, we have found th�t cfierns appreciate a fra.nk and open discussion and understanding of the services that we will perfarm 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 natwe 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 seivices shall be determined and the terms upon which the V'illage will make paymerrt. 1. LY��ure nf i.�g�l Ser vicec , The V"illage has engaged us to represent the City as employment and labor counsel. 2. Feec fnr 4ervi�PC. 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 Finn, together with applicable taxes if any. It is contemplated that Edward G. Guedes will have primary responsibility for this rnatter and will be assisted by other attorneys in the Fum, including, but not limited to, David � Mr.1VTichael Couzzo May 2, 2001 Page 2 Leibowitz and Nu�a L. Baniske. T'he Firm will charge a blended hourly rate of $175.00 for all attomeys working on employrnent and labor matters. It is our practice to chazge for actual time expended on behalf of the V'illage, but not less than 2/l Oths of an hour for each activity. 3_ rnctc. In addition to the fees discussed in paragraph 2, we anticipate tha.t certain expenses may be incurred and advanced on behalf of the Village. These �penses may include filing fees, recording costs, out-of-City travel e�enses, 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 fiee fpr attendance), court costs (such as filing fees, service of process, newspaper publication costs, subpoena costs, witness fees, recording fees, etc.), accaunting 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 ser�rices, the V"illage agrees to pay us for such out-of-pocket expend.itures. 4. PAVmen of Fee� ��d C"�ct�. pur invoices will be submitted to the V'illage on a monthly basis and ea.ch invpicE will be due and payable when rendered. The V'illage must understand that if any invaice remains unpaid for more than 30 da.ys after it is rendered, we reserve the right, in our diseretion (subject to court approval, if necessary), to cease to provide further legal services to the V'iltage. The V'illage will, however, be fiable to us for the payment of any fees earned and any costs incuired by us to that time. In the event we are ultitnately required to bring suit to collect any unpaid fees and costs, the Village understands that it will be required to pay reasonable attomeys' fees as well as legal urterest on the amount of any fees and costs aue us. The Village further understands that we ha.ve the right to retain any and all files, papers and other properiy coming into our possession in connection with our engagement without any liability to the V'illage until we ha.ve bee�n paid all costs, fees and interest due us under this agreemern. The Village also agees to the imposition of a chazging lien for any monies due us on all real and personal property that is preserved, protected or obtained as a result of the repres�ntation undertaken h�rein. Tnterest 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 frnm Renr[�centatinn. We I�SEN6 tlle Tigllt to Wit�1dI''dW $Om representing the V'illage 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. R�►nrvicentatinn nf nther C_, .lipntc. 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 persan, your signature of this l�lter 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 ofLegal Services." Please be advised that from time to time we are called upon by clients to represEmt them as to requests for various approvals and as to other matters with respect to the V'lllage. We will consult with � IV�.1Vlichael Couzzo May 2, 2001 Page 3 the Y�llage about any potential conflict of ixtterest in our representation of those clients in accordance with Rule 41.7 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. F�c for nther ServicPC, In the event the Village asks us to render legal services with respect to ma,tters that falt outside the scope of this agreemerrt, the Firm will endea.vor to obtain farmal approval from the V'illage Couneil before rendering such services. However, should the circumstances requu that the services be rendered in order to protect the V'illage's i�terests before formal approval can be obtained from the V'illage Couneil, the Firm will render perform such services on an howly basis, and fees and costs wili be payable under the same terms and conditions as provided for in paragraphs 2 and 3of this letter. As soon thereafter as practieable, the Furn will proceed to obtain formal approval from the V'illage Couneil for the services alrready rendered and any others #hat may thereafter be required. $_ f'nmmencemen_ t nf R�nr�_cPnt�tion. If the foi'egOitlg is agreeable, please acknowledge this understanding and agreemen�t by signing this letter on behalf of the Village and delivering it to us. We appreciate the V'illage's corYfidence in our Firm and we assure you tha.t we will make every effort to perform our services in a prompt and efficient manner. Sincerely, WEISS SEROTA �:[�:LFMAN PASTORTZA & GUEDES, P.A. B Edward G. Guedes AGREED AND ACCEPTED on , 2001. Village of Tequesta, F�orida B Michael Couzza Vfllage Manager cc: RiGhard Jay Weiss, Esquire Joseph H. Serota, Esquire .l