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2010-214
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2010-214
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Last modified
2/24/2016 9:58:15 AM
Creation date
10/1/2015 2:25:46 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Correspondence
Approved Date
09/07/2010
Control Number
2010-214
Agenda Item Number
13.A.
Entity Name
Messer Caparello & Self,P.A.
Subject
Legal consultant wastewater utility franchise
Outside legal counsel
Supplemental fields
SmeadsoftID
9778
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a <br /> A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> Mr . Alan S . Polackwich, Esq . J . K . BARTON , CLERK <br /> August 25 , 2010 <br /> Page 2 <br /> services , travel costs (hotels , airfare, mileage , and other direct travel expenses incurred on your <br /> behalf, as applicable) , postage , and other such directly attributable costs . Generally, we will advance <br /> on your behalf client costs and seek reimbursement through our monthly billing, but in some <br /> situations we may request that such costs be directly billed to you . All costs not directly billed as <br /> well as our fee charges will be invoiced on a monthly basis by a statement itemizing the respective <br /> fees and costs incurred for the preceding month . Payment will be due in our office within 30 days of <br /> billing . <br /> As we discussed the total fees and costs for this matter shall not exceed $ 15 , 000 . 00 , and no <br /> work shall be undertaken in excess of $ 15 , 000 . 00 without your prior written authorization . We also <br /> understand that this contract shah be subject to review and approval by the County Commission for <br /> Indian River County Florida and its applicable governing laws . <br /> As a final matter , the nature of the business of providing legal services and counsel to clients <br /> today requires that many of our communications occur through the use of electronic services or that <br /> documents are stored in electronic form . These different means can include voice communications <br /> (over both traditional landline telecommunications networks as well as mobile communications <br /> utilizing combinations of wireless and landline telephone networks) , facsimile or telecopier <br /> transmissions , electronic word and data processing involving storage on computer systems and office <br /> networks , and e-mail exchanges . As attorneys , we are bound to protect client confidences within the <br /> requirements of the rules of the Florida Bar and other applicable laws and regulations . In furtherance <br /> of this duty, we have instituted a number of procedures and security measures , including both <br /> hardware and software solutions , to help protect the integrity of confidential or other important client <br /> information or third party confidential information we may be required to possess during the course <br /> of our representation . We take such obligations very seriously, but in utilizing electronic <br /> communications and storage devices our reasonable and best efforts cannot provide an absolute or <br /> complete guarantee . Therefore , if at any time you have any matter that is so sensitive or confidential <br /> as to require us to follow a procedure different from our normal practice (for example , to not send <br /> information bv fax , to not talk on a cellular telephone , or to use encryption software for e -mail <br /> messages) , please let us know so that we may establish and follow such alternative procedures . <br /> Likewise , if at any time you have questions about our normal practices or wish to institute a special <br /> practice , we will be happy to discuss such matters with you . We further understand that as a Florida <br /> governmental agency subject to the Public Records Act, Chapter 119 , Florida Statutes , that "public <br /> records" are open for inspection and copying under Florida law and that our work on behalf of the <br /> County and communications between our firm and the County may constitute public records . <br /> However, if any of our work or communications may be subject to an exemption from sections <br /> 119 . 07 ( 1 ) or 286 . 011 , Florida Statutes , or Section 24 , Article 1 of the State Constitution, then we <br /> will determine an appropriate procedure to protect such exempt material and to ensure that the <br /> applicable requirements of the law are fulfilled . <br />
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