HomeMy WebLinkAboutRes 1990-16 Naming Attorney for Gladwin/CEB Case LawsuitRESOLUTION NO. 16-90
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
APPROVING AN AGREEMENT ATTACHED AS EXHIBIT "A". BETWEEN SHERR,
TIBALLI, FAYNE, SCHNEIDER, SHEPTOW, KOPELMAN & BYRD AND THE
VILLAGE, WHEREBY SHERR, TIBALLI, FAYNE, SCHNEIDER, SHEPTOW,
KOPELMAN & BYRD IS RETAINED AS ATTORNEY TO DEFEND THE VILLAGE IN
THE APPEAL OF RANSOM F. GLADWIN AND MILDRED GLADWIN FROM THE
VILLAGE CODE ENFORCEMENT BOARD.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North
Palm Beach, Florida, hereby approves the Agreement between Sherr,
Tiballi, Fayne, Schneider, Sheptow, Kopelman & Byrd and the
Village, whereby Sherr, Tiballi, Fayne, Schneider, Sheptow,
Kopelman & Byrd is retained as attorney to defend theVillage in
:the appeal of Ransom F. Gladwin and Mildred Gladwin from, the
Village Code Enforcement Board. A copy of such Agreement is
attached hereto and made a part hereof.
Section 2. The Mayor and Village Clerk are hereby
authorized and directed to execute the Agreement set forth in
Exhibit "A" for and on behalf of the Village.
Section 3. This Resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED THIS 14TH DAY OF JUNE, 1990.
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Mayor
Village Clerk
EXHIBIT "A"
06/06/90\WP50\RETAINER.NPB
RETAINER AGREEMENT
THIS AGREEMENT is made this 14th day of June , 1990,
by and between the VILLAGE OF NORTH PALM BEACH, FLORIDA, a
municipal corporation having an address at 501 U.S. Highway One,
North Palm Beach, Florida 33408, Attention: Village Manager (the
"Village"), and SHERR, TIBALLI, FAYNE, SCHNEIDER, SHEPTOW,
KOPELMAN & BYRD, having an address at 824 U.S. Highway One,
Suite 100, North Palm Beach, Florida 33408, Attention: Barry B.
Byrd, Esquire (the "Attorneys").
In consideration of the mutual covenants herein set forth, and
other good and valuable considerations, receipt of which is hereby
acknowledged by each party, the Village agrees to retain the
Attorneys to serve as special counsel to the Village, upon terms
and conditions herein set forth, for the following matter:
CODE VIOLATION AND CODE ENFORCEMENT ACTION
BETWEEN THE VILLAGE AND MR. AND MRS. GLADWIN.
1. Attorneys' Reoresentatiye. Barry B. Byrd shall serve as
the primary representative of the Attorneys in representing the
Village and communicating with the Village concerning the matter.
2. Fees. The Village shall pay to the Attorneys fees on an
hourly basis at the hourly rates charged by the Attorneys or legal
assistants in the Firm; provided however, that the Attorneys agree
that the maximum hourly rate for senior attorneys shall be $150.00
per hour. The Attorneys shall keep the Village advised of when
fees exceed $2,000.00, and shall bill the Village monthly.
3. Costs. The Attorneys shall be reimbursed by the Village
of actual costs incurred by the Attorneys related to the matter.
Such costs shall include travel (at $0.25 per mile), photocopies
(at $0.25 per page), long distance phone calls, special courier
services, special postage in excess of the expense for minimum
weight first class mail, and authorized out-of-pocket expenses,
such as depositions, witness fees and recording costs, if any.
4. Termination. The Attorneys shall serve at the pleasure
of the Village, and either party may terminate this Agreement upon
thirty (30) days written notice to the other party.
5. Retainer. The Village shall pay to the Attorneys upon
signing hereof an initial retainer deposit in the sum of $ none .
•
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement effective as of the date set forth above`':
r
ATTEST
Village Clerk
"VILLAGE'
VILLAGE OF NORTH PALM BEACH,
,4e.,te_,r e)l@ By:
"ATTORNEYS"
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SHERR, TIBALLI, FAYNE, SCHNEIDER,
SHEPTOW, KOPELMAN be BYRD
By:"3ar�ry 8.