HomeMy Public PortalAbout2001-05 Agreement with Lewis, Longman and Walker, PARESOLUTION NO. 2001-5
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED AGREEMENT ON BEHALF
OF THE VILLAGE, WITH LEWIS, LONGMAN & WALKER,
P.A.; PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to execute the attached
Agreement, on behalf of the Village, with the firm of Lewis, Longman & Walker, P.A.
Section 2. The law firm of Lewis, Longman & Walker, P.A. will provide legal
representation for the Village of Key Biscayne in the case of Wakefield et. al. v. Shalub, BP Amoco,
et. al., Case Number 00-0634 CIV-KING or any other work assignment recommended by the law
firm of Weiss Serota Helfman Pastoriza & Guedes, P.A. and subject to the approval of the Village
Manager.
Section 3. The Village Manager is authorized to execute the attached letter agreement
dated January 3, 2001 in accordance with the terms and conditions described.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 9th day of January , 2001.
CONCHITA H. ALVAREZ, VILLAGE CLERK
APPROVED A TO FORM AND LEGAL SUFFIC
RICHARD . WEI • , VILL GE ATTORNEY
a
MAYOR JOE I. RASCO
ERIC ASH
WILLIAM G. CAPKO
BETH ANN CARLSON
MICHELLE DIFFENDERFER
ROBERT P. DIFFENDERFER
KENNETH W. DODGE
BRENNA MALOUF DURDEN
WAYNE E. FLOWERS
MELISSA GROSS-ARNOLD
KEVIN S. HENNESSY
January 3, 2001
Chris F. Kurtz, Esquire
Weiss, Serota, Helfulan,
Pastoriza & Guedes, P.A.
2665 South Bayshore Drive
Suite 420
Miami, FL 33133
EWIS, LONGMAN &WALKER, PA
TTORNEYS AT LAW
Re: Revised Retainer Agreement
Legal Representation of Village of Key Biscayne
Dear Mr. Kurtz:
REPLY To:
DEBORAH D. HOLTON
R. STEVEN LEWIS
TERRY E. LEWI
JAMES W LINN
ANNE LONGMAN
G. STEPHEN MANNING
DAVID E. RAMB;
KENNETH G. SPILLIAS
EDWIN A. SrEINMEYER
STEPHEN A. WALKER
West Palm Beach
VIA FACSIMILE
(305) 854-2323
On behalf of the law firm of Lewis, Longman & Walker, P.A., I thank you sincerely for
the opportunity to work with you and your consultants on the above referenced matter. Terms
and conditions of representation by the Firm will be as follows:
1. Supervision. I will be the shareholder in charge of this matter and will be
primarily responsible for providing and supervising the legal services required. I will be
responsible for ensuring that this matter is staffed in a manner adequate and appropriate to the
requirements of the representation. At this time, 1 anticipate that Eric Ash and Francine Shay
may be involved in this matter. We shall use our best judgment to determine the amount of time,
who is to perform specific tasks and work, and the nature of the services to be performed in your
best interests.
2. Professional Fees. You will be charged a fee for legal services which is the
product of the amount of time devoted to the matter and the current schedule of billing rates for
those involved. The hourly rates for the Firm's billing professionals is as follows: Attorneys
$175.00; Paralegals and Law Clerks $75.00 to $95.00.
Jacksonville Office
9428 Bavmeadows Road
Suite 625
Jacksonville. Florida 32256
(904) 737-2020 • Fax (904) 737-3221
Tallahassee Office
Post Office Box 10788 (32302)
125 South Gadsden Street • Suite 300
Tallahassee. Florida 32301
(850) 222-5702 • Fax (850) 224-9242
West Palm Beach Office
1700 Palm Beach Lakes Bouleva.
Suite 1000
West Palm Beach. Florida 33401
(561) 640-0820 • Fax (561) 640-8202
W W W. LLW-LAW.COM
HELPING SHAPE FLORIDA'S FUTURE`"
Chris F. Kurtz, Esquire
Weiss, Serota, Helfman,
Pastoriza & Guedes, P.A.
January 3, 2001
Page 2
You will be charged for all time expended in connection with this representation
including, but not limited to, the preparation of pleadings and documents, preparation of
correspondence, review of correspondence and other documents received, consultation,
telephone calls, office conferences, attendance at hearings, travel to and from locations away
from our office, legal research, conferences and telephone calls with opposing attorneys. We
agree to limit our travel time charges to the Village from Palm Beach County to one hour. This
representation is not on a fixed fee basis. Any amounts we quote you for the total cost of our
services are merely estimates. Your adversary, the opposing attorney or attorneys or others may
engage in activities beyond our control requiring us to expend additional time not originally
contemplated.
3. Costs and Expenses. You will be charged for costs and expenses incurred on your
behalf for this representation. Attachment 1 sets forth the most commonly incurred costs and
expenses. We may advance these costs and seek reimbursement in our billings or we may at
our discretion require you to deposit these costs with us before the costs are incurred.
4. Billing and Payment. The Firm will bill you on a monthly basis for professional
services rendered and expenses incurred in connection with this matter, less any retainer
amounts applied against these services and expenses. You agree to pay the amount of each
statement in full within thirty (30) days of the billing date. Should you question or dispute any
items or any statement, you agree to notify us in writing of any such question or dispute
within fifteen (15) days of the billing date. Your failure to so notify us of any question or
dispute shall be considered your acceptance of the statement in full. Balances outstanding
more than forty-five (45) days from the date due shall cause us to cease working on your matter
until such balances are paid in full or, in the event of litigation, to file a motion with the court to
withdraw from representing you, unless other arrangements have been made in advance. Any
amounts remaining unpaid for more than thirty (30) days from the date of billing shall bear
interest at the rate of twelve (12%) percent per annum, compounded daily, until paid.
5. Court Awarded Fees. In litigation matters, the court will sometimes order your
adversary to pay part or all of your fees and out-of-pocket costs expended on your behalf in the
matter at the trial and/or appellate level. Because fees and costs awards are totally
unpredictable, court orders must be considered to be merely "on account" and you are
primarily liable for payment of the total fees and costs. Amounts received pursuant to a court
order will be credited to your account. The court award of fees or costs, if any, does not set or
limit our fees in any way nor your liability to the Firm for fees and costs.
Chris F. Kurtz, Esquire
Weiss, Serota, Helfman,
Pastoriza & Guedes, P.A.
January 3, 2001
Page 3
6. Default. In the event any suit or action is brought to enforce the provisions of this
Agreement, whether pursuant to paragraph 6 above or in any other administrative or judicial
proceeding, the prevailing party shall be entitled to an award of reasonable attorneys' fees and
costs incurred in such proceedings, including appeals. It is also agreed that jurisdiction and
venue of such actions shall be in Palm Beach County, Florida.
Provided the foregoing terms and conditions are acceptable, please sign in the space
provided at the bottom of the letter, return the original to me and retain a copy for your records.
On behalf of the Firm, -1 look forward to assisting you in this matter.
ACCEPT',D B,,':A 'le
Si cerely
VILLAGBiOF KEY BIS
5 '1 L 5 5. /�. G �•, ti
V ltb'a
[NAME]
Xrd- ,
[TITLE]
2. LOR1
[DATE]
ATTACHMENT 1
Cost/Expense Typical Charges
Computer Research
Actual usage + proportionate share of base subscription.
Court Reporters
Direct invoice from vendor to client or paid from retainer.
Delivery Charges
Actual amount invoiced to firm. Mode of delivery based on need
and economy.
Messenger Service
Actual amount invoiced to the firm.
Overnight Express Actual amount invoiced to the firm.
Telefacsimile Outgoing: Actual telephone charge + $.75/page.
Incoming: No charge
Photocopying
Inside copies: $0.25/page
Outside services: Actual amount invoiced to firm.
Secretarial Overtime
No charge
Telephone Charges
Actual long distance and cellular charges + proportionate share of
base subscriptions.
Temporary Help
Actual amount invoiced to the firm. (with prior client approval)
Travel-Local/Surface
We will not charge mileage for automobile travel in the tri-county
area (Dade, Broward, Palm Beach) otherwise reasonable mileage
or actual rental charges.
Travel -Out -of -Town
Intrastate: Actual common carrier charges for coach.
Interstate: Actual common carrier charges for business class.
Meals/Accommodations: Lowest corporate seasonal rate
available, reasonable business related meal expenses.
Word Processing
No charge
Other Expenses
Actual cost invoiced to the firm. In selected cases, these items
may be directly invoiced from vendor to client.