HomeMy Public PortalAbout13-8645 Becker and Poliakoff P.A. Sponsored by: City Manager
RESOLUTION NO. 13-8645
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER
TO ENTER INTO A NINE MONTH AGREEMENT, IN THE
AMOUNT OF$35,000 WITH BECKER AND POLIAKOFF,P.A.,FOR
STATE LOBBYING SERVICES FROM JANUARY 1, 2013 UNTIL
SEPTEMBER 30,2013,AND THEREAFTER,TO NEGOTIATE AND
EXECUTE A THREE YEAR AGREEMENT FOR FEDERAL AND
STATE LOBBYING SERVICES,IN THE AMOUNT OF$75,000 PER
YEAR,BEGINNING OCTOBER 1,2013,THROUGH SEPTEMBER
30, 2016, PAYABLE FROM ACCOUNT NUMBER 19-519312, A
BUDGETED ITEM; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Opa-locka has utilized the firm of Becker and Poliakoff, PA, as
lobbyist for the City for over seven (7)years; and
WHEREAS,pursuant to Resolution 12-8328,the City entered into contract with Becker and
Poliakoff,PA,for a two year period(including a retroactive period),for State lobbying services;and
WHEREAS,the most recent contract expired on December 31,2012,and should be renewed
until September 30, 2013; and
WHEREAS, to capitalize on greater funding sources, the City Commission desires to
include Federal lobbying services as part of the next agreement to be entered into; and
WHEREAS,the City Commission of the City of Opa-locka authorizes the City Manager to
accept the extended lobbying services agreement with Becker and Poliakoff, for State lobbying
services until September 30,2013,and thereafter,for State and Federal lobbying services,beginning
October 1,2013,and ending September 30,2016,subject to annual renewal by the City Commission.
Resolution No. 13-8645
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, Florida, hereby directs and
authorizes the City Manager to enter into a nine month agreement with Becker and Poliakoff,P.A.,
for state lobbying services from January 1,2013,to September 30, 2013,in the amount of$35,000,
annually(to be prorated), and thereafter,to negotiate and execute a three (3)year Federal and State
Lobbying Services Agreement, in the amount of $75,000 per year, beginning October 1, 2013,
through September 30, 2016, subject to annual renewal by the City Commission, payable from
account number 19-519312, a budgeted item.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 24th day of July, 2013.
• YRA AYLOR
MAYOR
Attest to: Approved as to form and legal sufficiency:
A
Jo., a Flores ;�
Jose;h . G 1 r
Ci Clerk G' ENSP I ON MARDER, PA
Ci Attorney
Resolution No. 13-8645
Moved by: COMMISSIONER JOHNSON
Seconded by: COMMISSIONER HOLMES
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting 07/24/2013 Item Type: Resolution Ordinance Other
Date: X
(EnterXin box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(EnterXin box) Yes No (EnterXin box)
X Public Hearing: Yes No Yes No
(EnterXin box)
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter Acct No.) 19-519312 (EnterX in box)
(BUDGETED)
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(EnterX in box) N/A
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) specific objective/strategy this item will address)
Enhance Organizational 0
Bus.&Economic Dev El
Public Safety 0
Quality of Education CI
Qual.of Life&City Image El
Communcation 0
Sponsor Name City Manager Department: City Manager
Short Title:
A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A
NINE MONTH AGREEMENT WITH BECKER AND POLIAKOFF, P.A. FOR STATE LOBBYING SERVICES FROM
JANUARY 1, 2013 TO SEPTEMBER 30, 2013 IN THE AMOUNT OF $35,000 ANNUALLY AND A THREE YEAR
AGREEMENT FOR FEDERAL AND STATE LOBBYING SERVICES IN THE AMOUNT OF $75,000 PER YEAR FROM
OCTOBER 1, 2013 TO SEPTEMBER 30,2016, PAYABLE FROM ACCOUNT NUMBER 19-519312(BUDGETED).
Staff Summary:
The City of Opa-locka has partnered with Becker& Poliakoff, P.A. for lobbying services for over seven (7) years. In
all those years, the firm was paid $35,000 per year for State lobbying services. We would now like to include
Federal lobbying services as part of the agreement in order to capitalize on greater funding sources at the Federal
level.
r —
Approval
(1) Retainer Agreement
(2) Firm's standard Terms of Engagement
(3) Resolution 12-8328
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Memorandum
TO: Mayor Myra L. Taylor
Vice-Mayor Joseph L. Kelley
Commissioner imothy lures
Commissioner i orothy , ohnso
Commissioner L is B anti
FROM: Kelvin Baker, Sr. , City Mana r
DATE: July 15, 2013
RE: Resolution: Becker and Poliakoff Agreement
Request: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING
THE CITY MANAGER TO ENTER INTO A NINE MONTH AGREEMENT
WITH BECKER AND POLIAKOFF, P.A. FOR STATE LOBBYING SERVICES
FROM JANUARY 1, 2013 TO SEPTEMBER 30, 2013 IN THE AMOUNT OF
$35,000 ANNUALLY AND A THREE YEAR AGREEMENT FOR FEDERAL
AND STATE LOBBYING SERVICES IN THE AMOUNT OF $75,000 PER
YEAR FROM OCTOBER 1, 2013 TO SEPTEMBER 30, 2016, PAYABLE FROM
ACCOUNT NUMBER 19-519312 (BUDGETED).
Description: The City of Opa-locka has partnered with Becker & Poliakoff, P.A. for lobbying services
for over seven (7) years. In all those years, the firm was paid $35,000 per year for State
lobbying services. We would now like to include Federal lobbying services as part of the
agreement in order to capitalize on greater funding sources at the Federal level.
Financial Impact: $75,000 per year
Implementation Timeline: Immediately
Legislative History: Resolution12-8328
Recommendation(s): Staff recommends approval.
Attachments: (1) Retainer Agreement
(2)Firm's standard Terms of Engagement
(3) Resolution 12-8328
PREPARED BY: Faye Douglas, Budget Administrator
Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale,Florida 33312-6525
BECKER&' Phone:(954)987-7550 Fax:(954)985-4176
POLIAKOFF
ADMINISTRATIVE OFFICE Reply To:
3111 STIRLING ROAD Yolanda Cash Jackson,Esq.
FORT LAUDERDALE,FL 33312 Direct Dial:(954)985-4132
954.987.7550 YJackson @becker-poliakoff.com
WW W.BECKER.POLIAKOFF.COM
B P@ BECK ER-PO L IAKOFF.COM
July 1, 2013
Kelvin Baker, City Manager
City of Opa-Locka
780 Fisherman Street
4th Floor
FT.LAUDERDALE Opa-Locka, FL 33054
FT.MYERS
FT.WALTON BEACH Re: Federal and State Lobbying Services Retainer Agreement
MIAMI
MIRAMAR Dear Kelvin:
MORRISTOWN
NAPLES On behalf of the Law Firm of Becker and Poliakoff, P.A. (hereinafter the
NEW YORK "Firm"), it is my pleasure to provide you with this proposed retainer agreement
NORTHERN VIRGINIA for extended lobbying services to the Federal and State government. As you
ORLANDO know, governmental relations have been an important part of the Firm's practice
PRAGUE since its founding over thirty five years ago. Our team of lawyers has extensive
RED BANK knowledge of governmental and administrative practices and procedures in the
SARASOTA Legislative Levels of national government.
STUART
TALLAHASSEE The Firm has various clients requiring legislative and contract monitoring
TAMPA BAY as well as government contract follow-up. The Firm has also been successful at
WASHINGTON,DL monitoring legislation, funding opportunities, and advocating either for, or
WEST PALM BEACH against,proposed laws that would affect municipal entities.
Based on my understanding of your interests and goals, I propose an
annual fee of$75,000 to be billed monthly effective July 1, 2013.
If this accurately represents your understanding,please sign and return this
letter to me as soon as possible. Also please find attached a copy of the Firm's
Standard term of Engagement,which is incorporated into all of our Agreements.
LEGAL AND BUSINESS STRATEGISTS
MEMBER OF LEGUS,NATIONAL AND INTERNATIONAL LAW FIRM NETWORK
I{elvin Baker, City Manager
City of Opa-Locka
July 1, 2013
Page 2
On behalf of Becker and Poliakoff, P.A.,we look forward to continuing to work with you
on this project and thank you for your confidence in our lobby team.
Sincerely
• `e.
A
Yo -As a Cas acks•n
Fo 4 - Firm;
AGREED AND ACCEPTED this day of , 2013.
By:
Kelvin Baker,City Manager
City of Opa-Locka
ACTIVE:4641626_1
TERMS OF ENGAGEMENT
We appreciate your decision to retain Becker & Poliakoff, P.A. (the "Finn") as your legal
counsel. This document explains how we work,our obligations to you, your obligations to us, what
we will do on your behalf, and how our charges will be determined and billed. Experience has
shown that an understanding of these matters will contribute to a better relationship between us, and
that,in turn,makes our efforts more productive.
Our engagement and the services we will provide to you are limited to the matter(s)
identified in the accompanying letter. Any changes in the scope of our representation, as described
in the letter, must be approved in writing. We will provide services of a strictly legal nature related
to the matter(s) described in the letter. You will provide us with the factual information and
materials we require to perform the services identified in the letter, and you will make such business
or technical decisions and determinations as are appropriate. You will not rely on us for business,
investment, or accounting decisions, or expect us to investigate the character or credit of persons or
entities with whom you may be dealing, unless otherwise specified in the letter. Further, there may
be tax consequences resulting from the transaction, claim, settlement, or other resolution of your
matter. Unless specified in writing by the Firm, the Firm will not be providing tax advice. The
Firm has capable and experienced tax attorneys on staff who can assist you at your request.
Confidentiality and Related Matters
Regarding the ethics of our profession that will govern our representation, several points
deserve emphasis. As a matter of professional responsibility, we are required to preserve the
confidences and secrets of our clients. This professional obligation and the legal privilege for
attorney-client communications exist to encourage candid and complete communication between a
client and his lawyer. We can perform truly beneficial services for a client, only if we are aware of
all information that might be relevant to our representation. Consequently, we trust that our
attorney-client relationship with you will be based on mutual confidence and unrestrained
communication that will facilitate our proper representation of you. Additionally, you should be
aware that, in instances in which we represent a corporation or other entity, our client relationship is
with the "entity" and not with its individual executives, shareholders, directors, partners, or persons
in similar positions, or with its parent, subsidiaries, or other affiliates. In those cases, our
professional responsibilities are owed only to that entity, alone, and no conflict of interest will be
asserted by you because we represent persons with respect to interests that are adverse to the
individual persons or business organizations who have a relationship with you. Of course, we can
also represent individual executives, shareholders,partners, and other persons related to the entity in
matters that do not conflict with the interests of the entity, but any such representation will be the
subject of a separate engagement letter. Similarly, when we represent a party on an insured claim,
we represent the insured, not the insurer, even though we may be approved, selected, or paid by the
insurer.
Fees and Billing
We encourage flexibility in determining billing arrangements. For example, we often agree
with our clients to perform services on a fixed-fee, success fee, or other basis that we and the client
believe will encourage efficiency and reflect the value of our services in relation to a particular
objective.
If you and we have agreed on a fixed fee or success fee arrangement, you agree that our fees
will not be limited to the fixed amount if you fail to make a complete and accurate disclosure of
information that we have requested and that we reasonably require for our work,or if you materially
change the terms, conditions, scope,or nature of the work,as described by you when we determined
the fixed amount, or as compared with the work normally and customarily involved in similar
engagements. If any of these events occur, you agree that our fees will be based upon the other
factors described below,unless you and we agree on a revised fixed or success fee.
If the accompanying letter does not provide for a fixed fee, our fees for services will be
determined as described in the following paragraphs.
When establishing fees for services that we render,we are guided primarily by the time and
labor required, although we also consider other appropriate factors, such as the novelty and
difficulty of the legal issues involved; the legal skill required to perform the particular assignment;
time-saving use of resources (including research, analysis, data and documentation) that we have
previously developed and stored electronically or otherwise in quickly retrievable form; the fee
customarily charged by comparable law firms for similar legal services; the amount of money
involved or at risk and the results obtained; and,the time constraints imposed by either the client or
the circumstances. We generally require a retainer in an amount that is appropriate with respect to
the proposed representation. Unless otherwise agreed, the retainer will be applied to the last
statement rendered in connection with the representation,with any unused portion being returned to
the client. The firm, in its discretion, may apply the retainer against unpaid past due bills and
may apply a cost retainer against unpaid attorney's fees.
In determining a reasonable fee for the time and labor required for a particular matter, we
consider the ability, experience,and reputation of the lawyer or lawyers in our firm who perform the
services. To facilitate this determination, we internally assign to each lawyer an hourly rate based
on these factors. If we determine that research or other work can be efficiently handled by a law
clerk or paralegal under an attorney's supervision, the time of the law clerk or paralegal will be
billed at the lowest paralegal rate applicable to the nature of the services performed.
Of course, our hourly rates change periodically to account for increases in our cost of
delivering legal services, other economic factors, and the augmentation of a particular lawyer's
ability, experience, and reputation. Any such changes in hourly rates are applied prospectively, as
well as to unbilled time previously expended. You will be advised of any change in the hourly rate
applicable to your matter. We record and bill our time in one-tenth hour (six minute) increments;
however, the minimum time that is normally billed for the total of an individual lawyer's activities
on a matter in a single day is two-tenths of an hour.
When selecting lawyers to perform services for you, we generally seek to assign lawyers
having the lowest hourly rates consistent with the skills,time demands, and other factors influencing
the professional responsibility involved in each matter. That does not mean we will always assign a
lawyer with a lower hourly rate than other lawyers. As circumstances require, the services of
product" protection afforded to services that an attorney requests from third parties, in certain
situations we may assume responsibility for retaining the appropriate service providers. Even if we
do so, however, you will be responsible for paying all fees and expenses directly to the service
providers or reimbursing us for these expenses.
Billing
We bill periodically throughout the engagement for a particular matter, and our monthly
statements are due when rendered. If our fees are based primarily on the amount of our time
devoted to the matter, our statements will be rendered monthly. In instances in which we represent
more than one person with respect to a matter, each person that we represent is jointly and severally
liable for our fees and expenses with respect to the representation. Our statements contain a concise
summary of each matter for which legal services are rendered and a fee is charged.
If our statement is not paid in a timely manner, we reserve the right to discontinue services.
Additionally, if our statement has not been paid within thirty (30) days from the date of the
statement, we impose an interest charge of one and one-half(1.5%)percent per month(an eighteen
[18%] percent annual percentage rate), from the 30th day after the date of the statement until it is
paid in full. Interest charges apply to specific monthly statements on an individual statement basis.
Any payments made on past-due statements are applied first to the oldest outstanding statement. If
you have given the Firm a deposit for attorneys' fees and/or costs that the Firm has deposited in
our trust account which is designated for use in one matter, and you fail to pay attorneys' fees or
costs for another matter the Firm is handling for you, the Firm shall have the option to disburse
those funds to the Firm to pay outstanding attorneys' fees and costs in any other matter provided
that attorneys' fees and costs in the other matter are more than 60 days past due. If collection
activities are necessary,we will be entitled to reasonable attorneys' fees and costs,whether pre-trial,
trial or appellate. Post judgment interest shall accrue at the rate of eighteen (18%) percent per
annum. In the event of a dispute over the amount of legal fees charged or the manner, nature or
extent of legal services provided, YOU AGREE TO A WAIVER OF TRIAL BY JURY. In any
such litigation,jurisdiction and venue will lie in the Judicial Circuit for Broward County,Florida, or
the county where the Firm office is located that has provided the greatest amount of services to the
Client,measured by the amount of the delinquent debt.
If you object to any portion of an invoice,you shall so notify the Firm within thirty (30)
calendar days of receipt of the invoice. You shall identify in writing the specific cause of the
disagreement and the amount in dispute, and shall pay that portion of the invoice not in
dispute in accordance with the other payment terms of this Agreement. If no dispute is
submitted within thirty (30) calendar days, the invoice will be considered due and payable
and any dispute regarding the invoice that could have been detected within said thirty (30)
day period shall be deemed waived.
Should the Firm cease to represent Client for any reason, including the Firm's voluntary
withdrawal during the pendency of any action, and any attorney's fees or costs remain unpaid, the
Firm is entitled to a charging lien and to payment of any costs and attorney's fees out of any
eventual recovery in the action (in addition to any right to a retaining lien) or other rights retained
herein.
lawyers in our firm with special skills or experience may be sought when that will either(a) reduce
the legal expense to you, (b) provide a specialized legal skill needed, or (c) help move the matter
forward more quickly. If that lawyer's regular office is in a location other than the Becker &
Poliakoff, P.A. office in the city in which you are located, you will not be charged for his or her
travel time except in the case of lawyers whose practice is concentrated in fields of law or whose
expertise is greater than that generally available in the city in which are you located. Also, to
encourage the use of such lawyers in situations where their services can provide a significant benefit
that is disproportionate to the time devoted to the matter, we may not bill for their services on an
hourly rate basis but,if you agree in advance, we will adjust the fee on an"added value"basis at the
conclusion of the matter, if and to the extent their services contributed to a favorable result for you.
In an effort to maximize efficiency and improve the quality of legal services, we have made a
substantial investment in the application of technology to the practice of law. A direct benefit of
this technology is the ability to do research, compile documents and respond to client needs in a
fraction of the time previously required;thereby substantially improving the quality of legal services
while reducing the costs. To effectively utilize technology in the law office, there are on-going
costs associated with system research,development,maintenance,upkeep, and staff training, as well
as the time expended in developing the primary source documents. Accordingly, in situations in
which a previously-developed work product is used as a primary source of a paralegal's or an
attorney's work product, a value must be applied to the previously-developed work product. This
process is known as value billing. Value billing is simply applying a weighted value to the time
expended in providing legal services, which allocates a value for the previously-developed work
product. The benefit to the client of a technologically-advanced firm is improved legal services
tailored to the client's needs in a fraction of the time and at a fraction of the cost. In many matters, a
weighted value (value billing) will be applied to a paralegal's or an attorney's efforts which utilize,
as a primary source, a previously-developed work product. If you have any questions concerning
the application of value billing to a specific matter being handled by us, please feel free to write or
call the attorney handling your matter(s).
Out-of-Pocket Expenses
In addition to legal fees, our statements will include out-of-pocket expenses that we have
advanced on your behalf and other charges (which may exceed direct costs and allocated overhead
expenses) for certain support activities. Advanced expenses will generally include such items as
travel, parking, postage, filing, recording, certification, and registration fees charged by
governmental bodies. Other charges typically include such items as toll calls, facsimile
transmissions, scanning charges, overnight courier services, certain charges for computer research
and complex document production, and charges for copying and scanning materials sent to you or
third parties or required for our use. Some such costs, including but not limited to computer
searches, computer generated documents and filings, long distance telephone calls and faxes, may
include an administrative fee charged by the Firm, as determined by the Firm from time to time.
We may request an advance cost deposit (in addition to the advance fee deposit) when we expect
that we will be required to incur substantial costs on your behalf.
During the course of our representation,it may be appropriate to hire third parties to provide
services on your behalf. These services may include consulting or testifying experts, investigators,
providers of computerized litigation support, and court reporters. Because of the legal "work
Your agreement to this engagement constitutes your acceptance of the foregoing terms and
conditions. If any of them is unacceptable to you, please advise us now so that we can resolve any
differences and proceed with a clear, complete and consistent understanding of our relationship.
Last Revised: 8/10/12
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Sponsored by: City Manager
RESOLUTION NO. 12-8328
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA TO AUTHORIZE THE CITY
MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT
WITH BECKER & POLIAKOFF, PA, TO PROVIDE STATE
LOBBYING SERVICES FOR A PERIOD S'T'ARTING
RETROACTIVELY FROM THE END OF THE PREVIOUS
AGREEMENT AND ENDING DECEMBER 31, 201.2, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, IN A TOTAL
AMOUNT OF $69,999.84, PAYABLE FROM ACCOUNT 19-
519312; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, pursuant to Resolution No. 07.7970, the contract with Becker Sr. Polia.koff,
PA (Piggybacking on West Park) was entered for a two (2) year term, with the option to renew
for two (2) years; and
WHEREAS, the City Commission of the City of Opa-locka desires to approve of Becker
& PoliakotT providing lobbying services at the slate level for a one-year period retroactive to the
end of the previous contract t l/III I - 12/31/11) and for an additional one-year period ending
December 31,2012; and
WHEREAS, the Retroactive amount to be approved is $34,999.92, of which $11,621.64
remains unpaid, and the amount fur the additional one-year agreement is 534,999.92, making the
total approval amount $69,999.84; and
WHEREAS, the City Commission of Opa-locka authorizes payment for state lobbying
services starting January 1, 2011, the date alter the previous agreement expired, and continuing
for 24 months. ending December 3 I, 2012.
NOW, THEREFORE, BE IT DULY RESOLVE!) RY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Resolution No 12-8325
Section I. 1 1w recitals to the preamble are hereby incorporated by reference.
Section 2. The City Commission of the City of Opa-locka authorizes the City
Manager to enter into and execute an agreement with Becker & Poliakoff, PA, (piggybacking on
West Park's Agreement) to provide state lobbying services for a period stalling retroactively
from the end of the previous agreement, January I, 2011, and ending on December 31, 2012, in a
form acceptable to the City Attorney, in a total amount of$69,999.84, payable from Account
Number 19-519312.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 25'1' day of January,2012.
�, IY __.----
MURA T Y LOR
MA OR
Aticst to: ,
X=
trborah S. lrh .
City Clerk
Approved as to nn.811d legal s /�.iency:
1
Josc0 S. t.ailler
City'+)ttomey
Moved by VICE MAYOR JOHN*N
Seconded by COMMISSIONER HOLMES
Commission Vote. 4-1
Commissioner Holmes: NO
Commissioner Miller YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor YES
7ai,2?i,i s i
Virus Protection
During the course of our engagement, we may exchange electronic versions of
documents and emails with you using commercially available software. Unfortunately, the
technology community is occasionally victimized by the creation and dissemination of so-called
viruses, or similar destructive electronic programs. We take the issues raised by these viruses
seriously and have invested in document and email scanning software that identifies and rejects
files containing known viruses. We also update our system with the software of various vendors'
current releases at regular intervals.
By utilizing this virus scanning software, our system may occasionally reject a
communication you send to us. We in turn may send you something that is rejected by your
system. We believe this infrequent occurrence is to be expected as part of the ordinary course of
business.
Because the virus protection industry is generally one or two steps behind new viruses,
we cannot guarantee that our communications and documents will always be virus free.
Occasionally, a virus will escape and go undetected as it is passed from system to system.
Although we believe our virus protection measures are excellent, we can make no warranty that
our documents will be virus free at all times.
Please inform us immediately in the event a virus enters your company's system via any
electronic means originating from our Firm. Through cooperative efforts we can minimize any
disruption to our communications.
Solicitation
We spend a great deal of time and resources to hire and train superior attorneys and
employees who are able to provide you with legal services conforming to our high professional
standards. Accordingly, in the event you solicit or hire a Firm attorney or employee during the
time period we are representing you and for a period of six months thereafter, you agree you will
pay the Firm an amount equivalent to twenty-five (25%) percent of that attorney or employee's
first year of base salary with your organization (including any signing bonus), plus stock or
equity in your organization equivalent to twenty-five (25%) percent of any stock or equity grant
made as part of your hiring of such attorney or employee.
Termination
Upon completion of the matter(s) to which this representation applies, or upon earlier
termination of our relationship, the attorney-client relationship will end, unless you and we have
expressly agreed to a continuation with respect to other matters. We hope, of course, that such a
continuation will be the case. The representation is terminable at will by either of us. The
termination of the representation will not terminate your obligation to pay our fees and expenses
incurred prior to the termination.
* * *
Questions About Our Bills
We invite you to discuss freely with us any questions you have concerning a fee charged for
any matter. We want our clients to be satisfied with both the quality of our services and the
reasonableness of the fees we charge for those services. We will attempt to provide as much billing
information as you require and in such customary form that you desire, and we are willing to
discuss with you any of the various billing formats we have available that best suits your needs.
Relationships With Other Clients
Because we are a large, multi-practice law firm with offices throughout Florida, in the U.S.,
and internationally, we may be (and often are) asked to represent a client with respect to interests
that are adverse to those of another client who is represented by our firm in connection with another
matter. Just as you would not wish to be prevented in an appropriate situation from retaining a law
firm that competes with Becker & Poliakoff, our firm wishes to be able to consider the
representation of other persons who may be competitors in your industry or who may have interests
that are potentially adverse to yours,but with respect to matters that are unrelated in any way to our
representation of you. The ethics that govern us permit us to accept such multiple representations,
assuming certain requirements are met.
During the term of this engagement, we agree that we will not accept representation of
another client to pursue interests that are directly adverse to your interests,unless and until we make
full disclosure to you of all relevant facts and circumstances of our undertaking the two
representations, confirm to you in good faith that we have done so, and that the following criteria
are met: (1)there is no substantial relationship between any matter in which we are representing or
have represented you and the matter for the other client; (2) any confidential information we have
received from you will not be available to the lawyers and other Becker & Poliakoff personnel
involved in the representation of the other client; (3) our effective representation of you and the
discharge of our professional responsibilities to you will not be prejudiced by our representation of
the other client; and (4) the other client has also consented, in writing, and on our full disclosure of
the relevant facts, circumstances, and implications of undertaking the two representations. If the
foregoing conditions are satisfied, you agree that we may undertake the adverse representation, and
that all conflict issues will be deemed to have been resolved or waived by you.
By making this agreement, we are establishing the criteria that will govern the exercise of
your rights under applicable ethical rules to object to our representation of another client whose
interests are adverse to yours. If you contest in good faith the facts underlying our confirmation to
you that the specified criteria have been met, then we will have the burden of reasonably supporting
those facts.