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Home My Public Portal About2001 Revised Retainer Agreement Legal Representation of VKB.tifERIC ASH WILIIAM G. CAPKO BETH ANN CAIt1_sON MICHELLE DItFENDF.RFER ROBERT P. DIFFENDFRFFR KENNETH W. DODGE BRENNA MALOLF DURDt:N WAYNE E. Fi OWERS MFI ISSA GROSS-ARNOLD KEVIN S. HENNFSSY January 3, 2001 Chris F. Kurtz, Esquire Weiss, Serota, Helfman, Pastoriza & Guedes, P.A. 2665 South Bayshore Drive Suite 420 Miami, FL 33133 LEWIS, LONGMAN &WALKER, PA ATTORNEYS AT LAW Re: Revised Retainer Agreement Legal Representation of Village of Key Biscayne Dear Mr. Kurtz: REPLY To: DEBORAH D. HOLTON R. STKVEN LF WIS TNRRY E. LEWIS JAMES W LINN ANNE LONCMAN G. STEPHEN MANNING DAVID E. RAMBA KENNETH G. SPIILIAS EDWIN A. STEINMEYFR STEPHEN A. WAI KEIt 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 an of representation. I that Eric Ash and Francine Shay requirements the At this time• anticipate y 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 Baymeadows 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 Boule4ard Suite 1000 West Palm Beach, Florida 33401 (561) 640-0820 • Fax (561) 640-8202 WWW.LIW-IAW.COM N PI P I N T C I -J n D C E 1 r"l o V n n' c 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. 8 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, i look forward to assisting you in this matter. Si erely ACCEP B. VILLAG.4OF KEY BIS 5Kl ss,n4,•,ti [NAME] V.t( MA---)E [TITLE] Sn I) [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.