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Home My Public Portal About2015 Agreement for Legal Services.tifFebruary 6.2015 Via E -Mail Transmission Mr. John C. Gilbert Village Manager, Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 Re: Agreement for Legal Services by and Between Shubin & Bass, P.A. and the Village of Key Biscayne Dear Village Manager Gilbert: This Agreement for Legal Services ("Agreement") represents the agreement of the Village of Key Biscayne ("Village," "you" or "Client") to retain Shubin & Bass, P.A. ("Legal Counsel") to perform legal services for Client. 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 you, the manner in which our fees for these services shall be determined, and the terms upon which you will make payment of our fees and costs. 1. Nature of Legal Services: You have retained Legal Counsel to represent your interests with respect to the initiation of litigation against the City of Miami pertaining to a proposed commercial event and exhibition venue at Marine Stadium. The scope of this representation shall include representing the Village in any conflict resolution proceeding required under the Florida Governmental Conflict Resolution Act (Fla. Stat. §§ 164.101- 164.1061). 2. Fees and Costs for Services: Except as otherwise provided herein, Legal Counsel acknowledges and agrees that its fees shall be calculated on a discounted hourly basis. The discounted hourly rate for all the firm's attorneys shall be a "blended rate" of $295.00. meaning that all attorneys, regardless of their hourly rates (which range from $215 to $650/hr) shall be billed to the Village at this hourly rate. Paralegal time shall be billed at $85.00 per hour. Legal counsel shall keep track of its time on an hourly basis, as set forth above, and Village of Key Biscayne shall be provided with monthly invoices of such time. You also agree to be responsible for the payment of any costs reasonably necessary to assist this firm in its representation of you. For purposes of this Agreement, "costs" shall include, but not be limited to, the following: filing fees, photocopying charges, facsimile charges, witness fees, expert witness costs, deposition costs, court reporter costs, travel expenses, and all 21r) other out-of-pocket expenses incurred on your behalf. Reimbursement of costs shall be as provided in this Agreement 3. Payment of Fees and Costs: You shall be billed monthly for time spent and costs incurred on your behalf. You also agree to pay each bill within sixty (60) days from receipt, unless we agree to a different arrangement in writing. In the event that the outstanding balance reaches or exceeds Five Thousand Dollars ($5,000.00) for more than thirty (30) days, you consent to Legal Counsel's withdrawal and agree that said withdrawal shall not prejudice Legal Counsel's ability to collect said balance. Similarly, you acknowledge that Legal Counsel shall bill you at its hourly rate for its efforts in collecting past due monies, whether or not a formal action to collect such monies is commenced. In the event that any action is commenced to recover funds owed under this Agreement, the prevailing party shall be entitled to recover their attorney's fees and costs. In any such action, venue shall be in Miami -Dade County. Florida. 4. No Representations or Warranties Concerning the Ultimate Fees and Costs or Likelihood of Success: You expressly agree and acknowledge that Legal Counsel has made no representation or warranty to you concerning the ultimate fees and costs that will be incurred representing you through the conclusion of this Matter. The parties recognize and acknowledge that legal fees for work on the Matter can get very high very fast due to the procedures that govern such representations. Moreover, you further agree and acknowledge that Legal Counsel has made no representation or warranty to you concerning the likelihood of success in this Matter. 5. Acknowledgement of Ethics Laws: Client expressly acknowledges that certain local, state, and federal rules regarding lobbying could be implicated by this Matter. Client agrees to abide by all such rules which are or may become applicable. 6. Acknowledgement and Waiver of Potential Conflicts: You expressly understand and acknowledge that Legal Counsel may represent certain interests and advocate certain legal positions that seek to challenge the entitlement and development of real property or which address appropriate governance issues under Chapters 718 or 720 of the Florida Statutes. Such representation includes, by way of illustration, challenges to the validity of certain land development regulations, challenges to certain entitlement processes, challenges to the enactment and adoption of certain development orders as inconsistent with state -mandated comprehensive development master plans, and other land use based challenges. With respect to the impact of private restrictions and statutory provisions on the use of real property, these challenges include attempts by affected parties to limit the uses of real property through their enforcement. In both capacities, Legal Counsel maintains an active litigation and appellate practice where such issues are routinely litigated and where such issues shall continue to be litigated. The direct possibility exists in any such case that an issue of law or policy might be decided which could adversely impact the Matter. You expressly acknowledge this possibility and waive (or agree to waive), to the extent permitted by applicable rules governing the practice of law and the conduct of lawyers, any such actual or implied conflict which could arise by virtue of Legal Counsel's normal and routine practice. Legal Counsel agrees to promptly notify Client of any actual or implied conflict of which it becomes aware. 3 Client acknowledges that Legal Counsel maintains on -going representations with many units of local government and is engaged in representations of property owners and developers throughout the State of Florida, including the Village of Key Biscayne. No conflict of interest exists or shall be deemed to exist if, when, and where one of Legal Counsel's other clients engages in a project of the same nature as the Matter, and their representation shall not serve to preclude Legal Counsel from representing clients in the Village of Key Biscayne. In the event that a conflict of interest arises between you and a previously existing client, the parties to this agreement agree and acknowledge that Legal Counsel may, consistent with the applicable rules governing the practice of law, continue to represent Legal Counsel's previously existing client, so long as it does not in any manner relate to this particular engagement. 7. Termination Agreement and File Retention: At the conclusion of this Matter. we will retain your legal files for a period of six (6) years after we close our file. At the expiration of the six (6) year period, we will destroy these files unless you notify us in writing that you wish to take possession of them. We reserve the right to charge administrative fees and costs associated with researching, retrieving, copying and delivering such files. 8. Commencement of Representation: If the foregoing represents the Client's understanding of our agreement, please execute this Agreement below, indicating your approval and acceptance of same, and return it to us at the below -referenced address. Payments may be made via wire transfer as set forth below: Shubin & Bass. P.A. City National Bank 25 West Flagler Street Miami, Fl. 33130 Attention Orlando Martinez ABA#066004367 Operating account #1953868977 On behalf of the entire firm, we appreciate your confidence in us, and we assure you that we shall make every effort to perform our services for you in a prompt and efficient manner. Sincerely, SHUBIN & BASS, P.A. 46 SW 1st Street, Third Floor Miami, Florida 33130 Telephone (305) 381-6060 Facsimile (305) 381-9457 ishubin@shubinbass.com By: ^- .• JOHN K. SHUBIN, ESQ. THE FOREGOING HAS BEEN READ, UNDERSTOOD, AND AGREED TO, this day of February, 2015, who represents and warrants that he/she has read this agreement and understood its terms. VILLAGE OF KEY BISCAYNE hn C. Gilbe Manager Date: