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HomeMy WebLinkAbout2024 01 08 Regular 502 - Retainer of Additional Legal Counsel Regarding the Joint Legislative Auditing Committee, Auditor General Operational AuditREGULAR AGENDA ITEM 502 CITY COMMISSION AGENDA | JANUARY 8, 2024 REGULAR MEETING TITLE Retainer of Additional Legal Counsel Regarding the Joint Legislative Auditing Committee, Auditor General Operational Audit SUMMARY FUNDING SOURCE RECOMMENDATION Staff recommends the Commission discuss and provide further direction. 198 JAMIE A. COLE MEMBER Broward Managing Director JCOLE@WSH-LAW.COM December 27, 2023 (Via EMAIL: phursh@winterspringsfl.org) Mr. Philip Hursh Interim City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: JLAC/Auditor General Operational Audit and Inspector General Investigation Dear Mr. Hursh: We are pleased that the City of Winter Springs (“City”) has decided to engage our Firm to represent the City in connection with the referenced matter. From our experience, we have found that clients appreciate a frank and open discussion and understanding of the services that we will perform and the basis upon which they will be expected to pay for those services. This letter is intended to set forth our understanding as to the nature and scope of the legal services we have agreed to render for you, the amount of our fees for those services, the manner in which our fees for those services shall be determined and the terms upon which you will make payment. 1.Nature of Legal Services. You have engaged us to represent the City in connection with the JLAC/Operational Audit by the Auditor General of the State of Florida and the inspection by the Inspector General. 2.Fees for Services. You 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. It is contemplated that I, Jamie Cole, will be your primary contact at the Firm, working with others at our firm. The City will be charged a discounted rate of $500 per hour for time incurred by me and other partners at the Firm, $400 per hour for associate attorneys and $150 an hour for paralegals. Hourly rates will increase by 4% on October 1 of each year, beginning on October 1, 2024. It is our practice to 199 Interim City Manager Philip Hursh December 27, 2023 Page 2 of 3 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I GAINESVILLE I WSH-LAW.COM charge for actual time expended on your behalf, but not less than 2/10ths of an hour for each activity. The fees for services shall not exceed $50,000 unless this retainer agreement is approved by the City Commission. 3.Costs. In addition to the attorneys’ fees discussed in paragraph 2, you will be charged for delivery charges, long distance telephone charges, printing and photocopies, postage, faxes, and computer research expenses. Non-incidental costs such as court reporter expenses (including cost of transcript and court reporter's fee for attendance), court costs (such as filing fees, travel expenses, service of process, newspaper publication costs, subpoena costs, witness fees, recording fees, etc.), accounting and appraisal fees, expert fees, trial/hearing exhibit costs, investigation costs, and applicable lobbyist registration fees, will also be itemized and billed. 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 must understand 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, together with any applicable taxes. 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 thi s agreement. You also agree to the imposition of a charging lien for any monies due us on all real and personal property that is preserved, protected or obtained as a result of the representation undertaken herein. Interest at the rate of 12% per annum w ill be added to any invoice, which remains unpaid for more than 30 days after it is rendered. 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. There will not be a retainer required in this matter. 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 interests of another client unless each such client consents to such representation after consultation. If this letter is addressed to more than one person, your signature of this letter will constitute such consent from each of you with respect to the matter or matters specifically described in the paragraph of this letter entitled "Nature of Legal Services." 200 Interim City Manager Philip Hursh December 27, 2023 Page 3 of 3 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I GAINESVILLE I WSH-LAW.COM 8.Commencement of Representation. If the foregoing is agreeable to you, please acknowledge your understanding and agreement by signing this letter and delivering it to us, together with payment of the retainer and/or cost deposit set forth above, if any. We appreciate your confidence in our Firm and we assure you that we will make every effort to perform our services in a prompt and efficient manner. Very truly yours, WEISS SEROTA HELFMAN COLE + BIERMAN, PL By:______________________ Jamie A. Cole AGREED AND ACCEPTED on ________________________, 2023. CITY OF WINTER SPRINGS By:____________________________________________ Philip Hursh, Interim City Manager December 28th 201