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HomeMy Public PortalAboutWeiss, Serota, Helfman, Pastoriza, Cole & Boniske- Ganger AgreementWEISS SEROTA HELFMAN COLE & BIERMAN AT THE CROSSROADS OF BUSINESS, GOVERNMENT & THE LAW BRETT). SCHNEIDER, ESQ. BSCHNEIDER@WSH-LAW.COM December 22, 2017 VIA E-MAIL [gdunham(@gulf-stream.org) Greg Dunham, Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: Retainer Agreement Dear Mr. Dunham: We are pleased that you have decided to engage this Firm to represent former councilmember Robert Ganger in a deposition in the lawsuit titled Stop dirtygovernment LLC v. Town of Gulf Steam. We apologize in advance for the formality of this letter, but it is our Firm's policy to enter into a written retainer agreement with new clients. 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 Gulf Stream, 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 Gulf Stream will make payment. 1. Nature of Legal Services. You have engaged us to represent Robert Ganger in a deposition in the above referenced lawsuit. 2. Fees for Services. With regard to the fees and costs incurred for our services, you will be charged and agree to pay for our services on the basis of our hourly rates. For this matter, the Firm has agreed to charge a discounted blended hourly rate of $250.00 for all attorney time. It is our practice to charge for actual time expended on your behalf, but not less than 2/10ths of an hour for each activity. All of our rates are reviewed and may increase on October 1 of each year. 3. Costs. In addition to the attorneys' fees discussed in paragraph 2, certain expenses, including photocopying charges, fax charges, postage, long distance 120o North Federal Hwy., Suite 312, Boca Raton, FL 33432 1954-763-4242 1 www.wsh-law.com Greg Dunham, Town Manager December 22, 2017 Page 2 telephone calls, computerized research charges, tolls, courier charges, express mail charges, filing fees, recording costs, out-of-town travel expenses, court reporter costs (including the costs of transcripts and court reporter's fee for attendance), court costs (such as filing fees, service of process, subpoena costs, witness fees, etc.), mediator fees, accounting and appraisal fees, expert fees and expenses, trial/hearing exhibit costs and investigation costs (if any), will be itemized and billed to you. 4. moment of Fees and Costs. Our invoices will be submitted to Gulf Stream on a monthly basis and each invoice will be due and payable when rendered. You 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 you. Gulf Stream will, however, be liable to us for the payment of any fees earned and any costs incurred by us to that time, together with any applicable taxes. In the event we are ultimately required to bring suit to collect any undisputed unpaid fees and costs, you understand that Gulf Stream will be required to pay reasonable attorneys' fees as well as legal interest on the amount of any fees and costs due us. Gulf Stream 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 you until we have been paid all costs, fees and interest due us under this agreement. Interestat 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 Gulf Stream if it misrepresents or fails to disclose material facts to us, or if we disagree about the course of action which should be pursued. 6. Disputes. Any dispute arising from this Agreement shall be resolved through final and binding arbitration in Palm Beach County, Florida and the Agreement shall be governed by Florida law. 7. 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." 8. Fees for Other Services. In the event you ask us to render legal services with respect to other matters, in the absence of a written agreement specifically �1 WEISS SEROTA HELFMAN COLE & BIERMAN A ii. i t'r.,....... ... . I@ a.i,. G, -- Fvi1.- Greg Dunham, Town Manager December 22, 2017 Page 3 addressing that representation, the other matters will be handled on an hourly basis, and fees and costs will be payable under the same terms and conditions as provided for in paragraph 2 of this letter. 9. Commencement of Representation. If the foregoing is agreeable to you, please acknowledge your understanding and agreement by signing this letter and forwarding it back to me. We appreciate your confidence in our Firm and assure you that we will make every effort to perform our services in a prompt and efficient manner. If you have any questions or comments concerning this engagement letter, please let me know. Otherwise, please indicate your agreement with the foregoing by signing this engagement letter and returning it to me. Very truly yours, WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. Brett J. Schneider . y , Zol®- AGREED AND ACCEPTED on this 2 l tday of DeGa JanuarX , 0 7 Town of Gulf Stream WE SS COLER& B ERMAN HELFAN A, nn Cno,mnnw u: Rua.. r,, cnvxrvu:wr 6 vu Ln,,