The URL can be used to link to this page

Home My Public Portal AboutResnick - Gray, RobinsonCOMMISSIONERS SCOTT W. MORGAN, Mayor ROBERT W. GANGER, Vice -Mayor JOAN IG ORTHWEIN THOMAS 111. STANLEY DONNA S. WHITE April 26, 2016 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Attorney Gary I. Resnick GrayRobinson, P.A. 401 East Las Olas Blvd. Suite 1000 Fort Lauderdale, Florida 33301 Dear Attorney Resnick: Telephone (561)276-5116 Fa: (561)737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR I have enclosed herewith an executed copy of your Engagement Letter dated April 22, 2016. Please note that we have added a sentence to the paragraph 2. Fees for Services which reads "Total fees not to exceed $10,000.00 without Town Commission approval." If you have questions, please call. Very truly yours, William H. Thrasher Town Manager 100 SEA ROAD, GULF STREAM, FLORIDA 33483 GRAYIROBINSON ATTORNEYS AT LAW Cary I. Resnick Attorney At Law 954761-8111 GARY.RESNICK@GRAY-ROBINSON.CUN April 22, 2016 VIA ELECTRONIC MAIL Mayor Scott Morgan The Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Scottmorgan750,jzmail.com RE: Engagement Letter Dear Mayor Morgan: SUITE 1000 401 EAST LAS OLAS BLVD. (3330 1) POST OFFICE BOX 2328 FORT LAUDERDALE, FL 33303-9998 TEL 954-761-8111 FAX 954-761-8112 gray-robinson.com BOCC RAW V FORTLAUDERDALE JACRSO,vmL KEY R'FST LARELA\D MELROURVE b11A.lR NAPLES ORLANDO TALLAHASSEE TAuPA Thank you again for contacting me today. Pursuant to our discussion, this engagement letter sets forth the terms pursuant to which we will represent the Town of Gulf Stream (the "Town"). We will do our best to meet your needs in any matters we undertake for you, but as you know, we cannot and do not make any representations or warranties concerning the outcome. We will give you our best advice, render opinions, and seek to obtain the desired result and we will also communicate with you regularly as to our progress. 1. Scope of Services. We will represent the Town in connection with its project to underground the electric, cable and communications utilities in the Town, maintained and owned by Florida Power & Light, Comcast and AT&T ("Utilities"). Our services will include engaging in contract negotiations with the Utilities and working with the Town and its consultant on issues related to this project. We will perform other services upon request of the Town and will regularly keep you informed as to our progress. 2. Fees for Services. The Town will be charged and agree to pay for our services on the basis of hourly rates established from time to time for the attorneys in our Firm, together with applicable taxes if any. I will have primary responsibility for this matter and will be assisted by other attorneys in the firm. For these matters, the firm will charge an hourly rate of $300 per hour for my time and that of other shareholders and blended hourly rates of $225 for Of Counsels and Associates of the firm who assist me with this matter. These represent significant discounts from our standard rates for private clients. -�' Total fees not to exceed $10,000.00 without Town Comnission approval. 3. Costs. In addition to the fees discussed in paragraph 2, we anticipate that certain expenses may be incurred and advanced on your behalf. These expenses may include travel costs, delivery charges, long distance telephone charges, photocopies (Xerox), special postage (express k IV#6 GRAYRORINSON PROFESSIONAL ASSOCIATON Mayor Scott Morgan The Town of Gulf Stream April 22, 2016 Page 2 of 3 mail, certified mail and the like), computer research charges, filing fees, recording costs, court reporter expenses (including cost of transcript and court reporter's fee for attendance), court costs (such as filing fees, service of process, newspaper publication costs, subpoena costs, witness fees, recording fees, etc.), accounting and appraisal fees, fees and expenses of experts necessary to assist in the preparation and hearing of your case, investigation costs, word processing fees, computer charges and applicable lobbyist registration fees. In addition to our fees for legal services, you agree to pay us for such out-of-pocket expenditures. In the event unusually large costs or advances are anticipated, we reserve the right to require an additional cost deposit from you prior to undertaking the expenditures of funds on your behalf. 4. Payment of Fees and Costs. Our invoices will be submitted to you on a monthly basis and each invoice will be due and payable when rendered. You understand and agree that we have a legitimate business interest in being paid in a timely fashion and that if any invoice remains unpaid for more than 30 days after it is rendered, we reserve the right, in our discretion (subject to court approval, if necessary), to cease to provide further legal services to you. You will, however, be liable to us for the payment of any fees earned and any costs incurred by us to that time. In the event we are ultimately required to bring suit to collect any unpaid fees and costs, you understand that you will be required to pay reasonable attorneys' fees as well as legal interest on the amount of any fees and costs due us. You further understand that we have the right to retain any and all files, papers and other property coming into our possession in connection with our engagement without any liability to you until we have been paid all costs, fees and interest due us under this agreement. 5. Withdrawal from Representation. We reserve the right to withdraw from representing you if you have misrepresented or failed to disclose material facts to us, or if we disagree about the course of action which should be pursued. 6. Advanced Fees and Costs Deposit. We will not require a retainer at this time. 7. Representation of Other Clients. We are bound by rules of legal ethics not to represent any client if the representation of that client will be directly adverse to the Town unless each such client consents to such representation after consultation. Because of the relatively large size of our firm and our representation of many other clients, it is possible that there may arise in the future a dispute between another client and you. Our acceptance of the current representation of you will preclude us from accepting future representations adverse to you, which involve matters substantially related to the work we perform in the course of this engagement. However, as a condition to our undertaking the representation described in this letter, you agree that our acceptance of this engagement shall not preclude us from representing other clients in the future who may have interests adverse to you, with respect to matters not substantially related to the particular matters for which you have engaged our services. In addition, we may be asked to represent private entities seeking approvals or doing business with the Town. After our GRAYROBINSON PROFESSIONAL ASSOCIATION Mayor Scott Morgan The Town of Gulf Stream April 22, 2016 Page 3 of 3 disclosure, to the extent required by the Rules of the Florida Bar, the Town agrees to waive such conflict provided it is not related to the services for which the Town is engaging our Firm. 8. Fees for Other Services. In the event you ask us to render legal services with respect to other matters, in the absence of a written agreement specifically addressing that representation, the other matters will be handled on an hourly basis under the standard hourly rates for attorneys in our Firm, and fees and costs will be payable under the same terms and conditions as provided for in this letter. 9. Commencement of Representation. If this meets with your approval, please indicate by executing a copy of this letter in the space provided below, and returning it to our offices. Your approval of this letter constitutes your agreement regarding the fees and costs arrangement. We appreciate your confidence in our firm and look forward to working with you. If you have any questions, please do not hesitate to contact me. Very truly yours, Gray binson, PA By: Gary esnick Shareholder The terms of this representation are accepted this 26ddayof April .2016. The To; o n of Gulf Stream By. L C Print Name: William H. Thrasher Title: Town Manager Transmission Report Date/Time 04-26-2016 10:05:31 Transmit Header Text Local ID 1 5617370188 Local Name 1 This document : Confirmed (reduced sample and details below) Document size : 8.5"x11 " FAXcurerseet L . Gary Resnick obinson, P.A. _ 654-761-8112 Fax Date: 4-26-16 INumber orpages including cover sheet: 5 FRO\I: ToxnorGulrStrearrt 108 Sea Road GulfStrcam, FL 33453 no: 561-376-5116 Phone: 561-737-0168 =As Requested Urgent C FST C For Your Retjme = RcpLv ASAP Please sea attached. toFolio. VNIBiL Yc_ 'a CC: Fal Phone: Total Panes Scanned : 5 TaraI P..,os r...,rn�ed • c No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 940 19547618112 1003:1704-26-2016 00:0136 5/5 11 1 EC IHS ICP14400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print CP: Completed T5: Terminated by system HR: Host receive PR: Polled remote RP: Report FA: Fall G3: Group WS: Waiting send MS: Mailbox save FF: Fax Forward TU: Terminated by user EC: Error Correct