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Home My Public Portal About2021 One year agreement extensionAugust 16, 2021 Village Council Michael W. Davey, Mayor Edward London, Vice Mayor Frank Caplan Luis Lauredo Allison McCormick Brett Moss Ignacio J. Segurola Village Manager Steven C. Williamson VIA E-mail Akerman, LLP Mr. Spencer Crowley Three Brickell City Centre 98 Southeast Seventh Street, Suite 1100 Miami, FL 331-31 T: 305 982 5549 F: 305 374 5095 Email:spencer.crowley@akerman.com RE: 1 -year extension of the Professional Services Agreement for the development of a long term federal,state and local strategy for obtaining financial assistance and regulatory approval of beach nourishment activities by Ackerman, LLP (the "Consultant") for the Village of Key Biscayne (the "Village") Dear Mr. Crowley: Pursuant to the Professional Services Agreement (the "Agreement") between the Village of Key Biscayne ("Village") and Ackerman, LLP. ("Consultant") dated August 28, 2019, the Village hereby confirms its desire to extend the term of the Agreement for one additional year by where the second renewal term shall commence on August 29, 2021. Should you have any questions, please contact my office at (305)365-5514 or SWilliamson(a).keybiscayneM.gov Reg even C. Williamson illage Manager 88 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5511 • www.keybiscayne.fl.gov MISSION STATEMENT:" 1(1 PROVIDE ASAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROL'it RESPONSIBLE GOVERNMENT." 1 aker man August 16, 2019 Village of Key Biscayne Village Council 88 West McIntyre Street Key Biscayne, FL 33149 Re: Engagement Letter re Beach Nourishment Issues Dear Sir or Madam: Spencer Crowley Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Suite 1100 Miami, FL 33131 T: 305 982 5549 F: 305 374 5095 Thank you for asking Akerman LLP to assist the Village of Key Biscayne, Florida regarding beach nourishment issues. Initially, our scope will consist of assisting with development of a long term federal, state and local strategy for obtaining financial assistance with, and regulatory approval of, beach nourishment activities. We will work closely with other consultants including Colleen Castille, Alcalde and Fay and Moffat and Nichols on this scope. I will oversee most of the work and will serve as your primary contact at the Firm. Other attorneys and professionals may work on this matter from time to time, as necessary and in the most cost-efficient manner possible. The Firm bills for our services on an hourly basis at established rates for each professional. My current hourly rate is $555.00. For this initial scope of work, we estimate that our fees will not exceed $5,000 monthly, and additional project specific estimates can be provided when elements of the plans are approved for implementation. This Agreement is for a term of 1 year, with two (2) additional 1 -year renewals available upon agreement of both parties. It is the Firm's policy to require a cost and fee retainer prior to the opening of a new file. Based on the anticipated fees and costs for this matter, the Firm would typically require a retainer in the amount of $5,000. However, in this case, the Firm has agreed to waive the retainer as a courtesy. The Firm's standard billing policies are attached to this letter. I would greatly appreciate if you would acknowledge the terms of our engagement by executing and returning a copy of this letter to me, at your earliest convenience. We very much look forward to working with you on this matter. Sinc T. Spencer Crowley 490974 17. I " August 16, 2019 Page 2 Agreed and consented to as set forth above: VILLAGE OF KEY BISCAYN FLORIDA U1/I By: Name: Ac e,`CQg 1\31,c j VI Date: R(a" i i Ct 49097417;1 August 16, 2019 Page 3 Policy Statement on Billing Practices 1. General Overview. This policy statement is issued in order to inform our clients of the billing practices of Akerman LLP (the "Firm"). Its purpose is to inform our clients of matters which commonly arise in the context of the business relationship between the Firm and its clients. Inevitably, situations arise which are unanticipated. In such event, a solution shall be found utilizing the principles set forth herein. If the terms of this Policy Statement differ from the engagement letter, then the terms of the engagement letter shall supersede any inconsistent terms herein. 2. Retainer Agreement and Fee. Representation is generally undertaken by virtue of a written engagement letter executed by and between the Firm and the client. In the case of corporate clients, the general practice of the Firm is to require the signature of a responsible individual on the engagement letter. The engagement letter governs the fees to be charged by the Firm and the duties to be performed. The engagement letter incorporates this policy statement by reference. 3. Firm Billing Practices. a. Progress Billing. Fees are generally calculated on an hourly rate basis. Paralegal services are also charged at an hourly rate, although lower than the attorney rate. These rates may be adjusted periodically as a function of the overall pricing policies of the Firm. Unless a matter is to be billed on a different basis, the fee portion of a bill will be calculated by multiplying the hourly rate then in effect for each attorney or paralegal times the number of hours (or portion thereof) worked by each attorney or paralegal. Statements are transmitted to clients not less often than monthly and payment is expected upon receipt. Charges outstanding over 30 days accrue interest at the rate of 10 percent per annum. All fees and expenses are payable in U.S. currency or drafts or checks payable in U.S. currency. b. Expenses. All clients are responsible for expenses incurred by the Firm in connection with the client's business. These out-of-pocket expenses include, but are not limited to, administrative fees for extraordinary accounting services, extraordinary secretarial or word processing time, long distance telephone calls, cellular phone charges, copy expenses, parking costs, express mail charges, facsimile charges, associated counsel and expert fees, court reporter charges, witness fees, deposition transcripts, suit filing fees, process server fees, travel expenses including but not limited to mileage, food and lodging and all expenses. c. Fee Policy. Attorneys' hourly time rates are based upon all factors which the Firm considers in the operation of its business. All attorney time in connection with a matter, including attorney administrative time on behalf of a matter, is billed. Except for overtime, the Firm does not charge on an hourly basis for the services of its secretarial staff or its administrative staff. d. Security for Fees and Expenses. Intentionally deleted. 4. Employment of Additional Professionals. If the Firm deems it necessary to employ additional professionals with specialized skills and, after consultation with the client, the client deems it appropriate to do so, additional professionals may be employed by the Firm. In such event, where appropriate, the Firm will employ such professionals in the name of the client. Notwithstanding the form of employment of the professional, however, the client is obligated to pay the fees of the professional in full, upon the rendering of a statement. The Firm reserves the right to request and obtain an additional retainer to defray the fees and expenses of additional professionals employed in connection with a client 49097417,1 August 16, 2019 Page 4 matter. All fees and expenses of additional professionals shall be subject to the security provisions, interest provisions and other applicable provisions of this Policy Statement on Billing Practices. 5. Withdrawal From Representation. The client must fully cooperate with the Firm in a number of respects, which includes timely payment of progress billings. If we do not receive the full cooperation of the client or progress billings are not paid on a timely basis, we reserve the right to withdraw from representing the client. 6. Full Disclosure. We encourage our clients to read and reread this Policy Statement from time to time, and to have a full and complete understanding of it prior to executing our engagement letter. The members of the Firm are available to answer any questions concerning it. It is our goal to serve our clients and avoid misunderstandings of any kind. 7. uisposition of Hies/copies/Lien tor Amounts Due. With respect to the files involving any Client matter, the Firm will furnish copies of documents to Client as the matter progresses. If, at a later date, Client desires additional copies of said documents, the Firm may furnish those copies at a reasonable charge, to the extent the Firm has those copies and provided that the Client has paid in full all statements rendered. The Firm reserves the right at any time to dispose of its files after providing 30 days written notice to Client. 490974 17; I