Loading...
1998-034 Legal Services Agrmt - Cable & Telecommunications• RESOLUTION NO. 34-98 FLORIDA: A RESOLUTION OF THE V]LLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VII,LAGE 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 d'ueded 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. (Village Seal) ATTEST: Section 3. This resolution shall take effect immediately upon its adoption. 27th AUGUST 1998. I LEIBOWITZ & ASSOCIATES, P.A. JOSEPH A. BELISLE ILA L. FELO ALLISON N. RIFT MATTHEW L. LEI90WITZ surrE laso SUNTRUST INTERNATIONAL CENTER ONE SOUTHEAST THIRD 4VENUE MIAMI, FLORIDA 33131-1113 TELEPHONE (3031 830.1322 TELECOPIER f303) 330-9417 E-MAIL t3rcadlaw®aoi.com Revised August 24, 1998 Mr. Dennis Kelly Village Manager Village of North Palm Beach 501 U.S. Highway 1 North Palm Beach, FL 33408 Re: Retainer Agreement Dear Mr. Kelly: 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 Leal Services d On an on-going basis, the Law Firm is available to provide the Ciry with advice and counsel as to telecommunications and cable law. In addition, we aze available to keep the Ciry 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) Dollazs for all attorney time (Option A). In the alternative, 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. 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 $ gg Pazalegal, 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-0f--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 dollazs ($2.00) per page. Charges in connection with travel outside the Tri-County azea 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 monttily 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 coopcratir,g with cou;,scl subsequertiy employed to ensure tr`tat 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. Lsisowxrz & Associeras, P.A. SUITE 1450, ONE SOUTHEAST THIRD AVENUE, MIAMI, FLORIDA 33131.1715 • TELEPHONE (303) 530-1322 Mr. Dennis Kelly August 24, 1998 Page 3 Please acimowledge 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 Firm of Leibowitz & Associates, P.A., pursuant to Option A as described above. ATTEST: t age C erc LEtsow:rz & Assoc><sras. P.A. SUITE 1460, ONE SOUTHEAST THIRD AVENUE. MIAMI, FLORIDA 33131-1 7 1 6 ~ TELEPHONE (306) 530-1322 Title: A~/p~ Date:i ,,Q ~ I , 1998