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HomeMy Public PortalAboutEngagement Agreement for Case No. 50-2014-CA-007123ENGAGEMENT AGREEMENT The Town of Gulf Stream (hereinafter referred to as "Client" or "you"), hereby engages, retains, and employs JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER, & HOCHMAN, P.A., including its attorneys, paralegals, staff, and other professionals (the "Firm"), to provide legal representation with respect to the litigation captioned CG Acquisition Company, Inc. v. Town of Gulf Stream; Case No. 50 2014 -CA -007123. currently pending in the Circuit Court for the 15th Judicial Circuit in Palm Beach County Florida on the following terms: 1. FEES: The Firm is employed in this case on an hourly basis. No maximum fee has been quoted, and no guarantee of results has been or will be made. All of the Firm's expressions relative to this case are only opinions. Our fee is based on the amount of time we devote to your case. It is impossible to determine in advance how much time will be needed. The amount of time spent on your case reflects all services provided by our attorneys and paralegals, including, without limitation, conferences, telephone calls, document drafting, correspondence, motions, briefs, oral arguments, negotiations, analysis, legal research, court time, and travel to and from locations away from our offices. Any figures we quote to you for the total charge for our services are merely estimates. Your adversary, the opposing attorneys, or others, may engage in activities beyond our control that require time that was not originally contemplated. 2. RATES: You will be billed for the time expended on your case at the rate of $250.00 per hour for the Firm's attorneys and $100.00 per hour for the Firm's paralegals. This rate schedule may be adjusted from time to time and, if adjusted, will affect the hourly rates of the attorneys and paralegals working on this matter. As a courtesy, the Firm's initial retainer in the amount of $7,500 has been waived for this case. 3. BILLS: You will be billed on a monthly basis for the fees and costs incurred in this case. Full payment of each monthly bill is due within 30 days of the date the bill is issued. 4. COSTS: We may advance costs on your behalf in such amounts as we determine are necessary to represent you. Such advances of costs will be for expenses, including, without limitation, long-distance telephone calls, fax transmissions, postage, photocopies, document imaging, computerized research, out-of-town travel expenses (including all meals, travel, and out-of-town lodging), deposition expenses (including costs of transcripts and court reporters' fees for attendance), court costs (such as filing fees, service of process, subpoena costs, witness fees, etc.), fees for accountants, appraisers, actuaries, investigators, economists, other attorneys, and other experts and professionals that we deem necessary to assist in the preparation and handling of your case. You are responsible for paying all costs incurred on yourbehalf, including, without limitation, the fees of any experts orprofessionals engaged on your behalf. By signing this Engagement Agreement, you appoint us as your agent to engage such experts and professionals on your behalf. 5. PUBLIC RECORDS: As part of the services provided under this Engagement Agreement, the Firm will comply with Florida's public records laws, including section 119.0701(2)(b), Florida Statues, the text of which statutory provision is hereby incorporated into the Engagement Agreement by reference as if fully printed on this page. IF THE FIRM HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE FIRM'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS ENGAGEMENT AGREEMENT, THE FIRM WILL CONTACT the Town Clerk, Rita Taylor, 100 Sea Road, Gulf Stream, FL 33483, (561) 276-5116 (rtaylor@gulf-stream.org). DATED this ZZ day of November 2016. Town of Gulf Stream William Thrasher As Town Manager 02015/36549