HomeMy WebLinkAbout1998-034 Legal Services Agrmt - Cable & Telecommunications•
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FLORIDA:
RESOLUTION NO.
34-98
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF NORTH PALM BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO A RETAINER AGREEMENT WITH
LEIBOWITZ & ASSOCIATES, P.A., ATTACHED AS EXHIBIT
"A" FOR THE PURPOSE OF SECURING LEGAL COUNSEL AS
TO TELECOMMUNICATION MATTERS AND CABLE LAW;
AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
Section 1 The Village Council of the Village of North Palm Beach, Florida, does
hereby approve the retainer agreement with Leibowitz & Associates, P.A. attached as Exhibit "A",
which agreement is for the purpose of securing legal counsel as to telecommunication matters and
cable law.
Section 2 The Mayor and Village Clerk are hereby authorized and directed to execute
the retainer agreement with Leibowitz & Associates, P.A. set forth in Exhibit "A" for and on behalf
of the Village of North Palm Beach, Florida.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 27th
(Village Seal)
AY OF AUGUST
ATTEST/7- l ti" gebn�
VILLAGE CLERK t
OR
, 1998.
LE IBOWITZ Bc ASSOCIATES, P.A.
JOSEPH A. BELISLE
ILA L. FELD
ALLISON K. RIFT
MATTHEW L. LEIBOWITZ
Mr. Dennis Kelly
Village Manager
Village of North Palm Beach
501 U.S. Highway 1
North Palm Beach, FL 33408
Dear Mr. Kelly:
SUITE 1450
SUNTRUST INTERNATIONAL CENTER
ONE SOUTHEAST THIRD AVENUE
MIAMI, FLORIDA 33131-1715
Revised
August 24, 1998
Re: Retainer Agreement
TELEPHONE (305) 530.1322
TELECOPIER (305) 530-9417
E-MAIL Broadlaw®aol.com
This letter shall serve as the Retainer Agreement by which the Village of North Palm
Beach (hereinafter "the City") retains the legal services of Leibowitz & Associates, P.A.
(hereinafter the "Law Firm") as set forth below.
Scope of Legal Services
On an on -going basis, the Law Firm is available to provide the City with advice and
counsel as to telecommunications and cable law. In addition, we are available to keep the
City advised of relevant judicial proceedings.
The Law Firm shall, in general, provide legal service to the Village in connection
with telecommunications and cable matters at the blended hourly rate of Two Hundred
($200.00) Dollars for all attorney time (Option A). In the altemative, at the Village's
option, as designated below, the Law Firm will provide such services at the Law Firm's
current hourly rates for individual attorneys listed below (Option B). Travel time to and
from meetings will be billed at the agreed upon hourly rate.
A
Mr. Dennis Kelly
August 24, 1998
Page 2
Matthew L. Leibowitz $385
Joseph A. Belisle $300
Ila L. Feld $200
Allison K. Hift $150
Paralegal, Senior $ 85
Paralegal, Junior $ 65
We review and adjust our fee structure annually.
In addition to fees, the Law Firm shall be entitled to payment and reimbursement of
all out-of-pocket expenses including, without limitation, travel (as approved by the Village
Manager), long distance telephone calls, air express charges, printing and hand -delivery
charges. Photocopies are billed at the rate of twenty-five cents ($0.25) per copy and
facsimile transmissions at two dollars ($2.00) per page. Charges in connection with travel
outside the Tri-County area and employment of outside professionals, including, but not
limited to, accountants and engineers resulting from rendering the above -referenced legal
services shall require the Village's prior approval and will be billed to the Village at cost.
We bill on a monthly basis for work performed and costs incurred. Each statement
will reflect services rendered through the 25* of each month. All sums for services
performed and costs incurred are due and payable upon receipt of our statement and shall
accrue interest if outstanding for more than 30 days at the rate of 1-1/2% per month.
If any statement is not paid within 60 days, we reserve the right to discontinue legal
services. However, we will not discontinue services without giving you prior notice,
suggesting alternate employment of other counsel, allowing reasonable time to employ other
counsel, delivering all papers and property to which you are entitled and we are obligated
to deliver, and cooperating with counsel subsequently employed to ensure that your interests
will not be prejudiced by the discontinuance. If necessary, we will employ collection
services to ensure payment of overdue accounts, shall be litigated exclusively in the
appropriate state court having subject matter jurisdiction and venue in Miami, Dade County,
Florida.
Either party may terminate this Agreement without cause by giving three (3) days
prior written notice, provided that the Law Firm is paid for services rendered through the
date of termination.
LEIBOWITZ & ASSOCIATES, P.A.
SUITE 1450, ONE SOUTHEAST THIRD AVENUE, MIAMI, FLORIDA 33131.171E • TELEPHONE (3051 530-1322
Mr. Dennis Kelly
August 24, 1998
Page 3
Please acknowledge your understanding and willingness to abide by the terms of this
Agreement by signing the attached copy in the space designated and returning same to our
office.
Sincerely,
Matthew L. Leibowitz
ILF:AB
The Village of North Palm Beach, Florida, hereby agrees to retain the Law Firrn of
Leibowitz & Associates, P.A., pursuant to Option A as described above.
Village y�.Idi1►•al( ach
By.
Title:
A`/oR.
Date: 4'sD I 1 , 1998
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ATTEST:
LEIBOWITZ & ASSOCIATES. P.A.
SUITE 1450, ONE SOUTHEAST THIRD AVENUE, MIAMI, FLORIDA 33131-1715 • TELEPHONE (305) 530-1322