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Home My Public Portal AboutGS Retainer Agreement 06.15.21 (Ward Damon)WARD DAMON A"I'rORNEYSAT LAW June 14, 2021 4420 BEACON CIRCLE WEST PALM BEACH, FL 33407 Telephone: (561) 842-3000 Facsimile: (561) 842-3626 www.warddamon.com Gregory Dunham, Town Manager Town of Gulf Stream, Florida 100 Sea Road Gulf Stream, FL 33483 RE: Employment Matters Dear Mr. Dunham, I. Jeffrey Pheterson, Esquire jphetersonAwarddamon. com Thank you for retaining Ward, Damon, Posner, Pheterson & Bleau (the "Firm" or "Ward Damon") as your legal counsel regarding the above -referenced matter. This letter will confirm the terms of the Firm's representation. In addition, this letter will explain our fees and billing procedures, as well as what you, (the "Client"), can expect from us and what we expect from the Client. The Firm will represent the Client in this matter on an hourly rate basis. This Agreement will be for a total amount not to exceed $15,000 — the threshold permitted for the Town Manager. In the event it would come close to that amount, the parties agree to bring this before the Town Commission for approval. Any other matters that the Client wishes the Firm to handle will be the subject of a separate agreement. The Firm is not, for example, advising the Client under this agreement on the tax consequences of the real or potential outcome of any litigation, corporate tax issues, or regulatory and compliance issues. Time spent by I. Jeffrey Pheterson is currently charged at the rate of $350.00 per hour and time spent by other Firm attorneys will range from $250.00 per hour and be capped at $350.00 per hour. Time spent by any law clerk or paraprofessional is currently charged at $175.00 per hour. Our hourly rates are subject to change from time to time during our representation in this matter. You will be charged for out-of-pocket costs such as required out -of -plan computerized database access and usage (e.g., Lexis and other databases), postage, photocopying, etc. In addition, you will be charged for other necessary disbursements and other services, which include such things as filing fees, certified or registered mail, courier services, expedited mail delivery (e.g., FedEx), deposition costs, travel costs, and the fees and expenses of investigators and experts, if needed. These disbursements are billed on an out-of-pocket basis and will be included on each invoice. June 15, 2021 Page 2 of 3 We bill fees and other services on a monthly basis and payment is due upon the Client's receipt of the invoice. REASONABLENESS OF FEE If at any time you believe the Firm's interim periodic hourly bills are not fair and reasonable, you agree that you will notify the Firm within thirty (30) days of the date of the questioned invoice, and together, you and the Firm will review the invoice. If no notice is received, it is understood that the invoice is accepted by you as correct and accurate, and as setting forth fair and reasonable charges for services rendered To begin work on the file, the Firm does not require that the Client at this time provide a retainer. Any unpaid balances will accrue interest at the rate of 1.5% per month (18% annually) beginning thirty (30) days from the statement date. If at any time the Client wants to terminate our services, please notify the undersigned in writing. Likewise, if at any time we find that we are unable to continue representing the Client, we will notify you in writing. We reserve the right to terminate our representation if the Client fails to comply with the terms of this fee agreement, or as allowed by the terms of the Florida Rules of Professional Conduct, and the client agrees not to contest our withdrawal from any court or administrative proceeding in such event. As soon as possible after any such termination, a final statement will be prepared and sent to the Client. Should the Firm's representation be terminated for any reason, the Client agrees to promptly pay, within the following thirty (30) days, for all attorneys' fees and costs incurred through the date of such termination. In the event any action is brought to enforce this Agreement, such action shall be brought in accordance with the Agreed Dispute Resolution Process set forth on page 4 of this engagement letter, with venue for any related court cases being in Circuit Court in Palm Beach County, Florida. The prevailing party in any proceedings shall be entitled to recover its costs of enforcement including, without limitation, reasonable attorneys' fees and court costs required to collect any balance due, in court or in the Agreed Dispute Resolution Process. We will perform the legal services which we have agreed to undertake on the Client's behalf in a professional manner and we will keep you informed of all material developments in a reasonable and timely manner. To enable us to do this, the Client agrees to disclose such facts as are requested and which are reasonably necessary for us to perform the services for which they have retained us. Although we may give the client our professional judgment regarding a matter, as to the likelihood of a favorable outcome on a particular case, the amount of a potential recovery, what a clause in a document says, or whether a particular contract or negotiation will result in the desired outcome, we are never able to guarantee any of these. We will, however, endeavor to give the Client our best judgment in light of the law and the particular facts made known to us. June 15, 2021 Page 3 of 3 After you have had the opportunity to review this proposed fee agreement, please feel free to call me with any comments or questions you may have. If the agreement meets with your approval, please sign where indicated below to evidence your agreement with the matters set forth herein and return same to me. We look forward to working with you on this matter. Very truly yours, L Jeffrey Pheterson I. Jeffrey Pheterson, Esquire For the Firm Me hereby accept the legal representation by Ward Damon as described above. Town of Gulfstream Florida By: Date: Title::'--. itle: