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2006-101
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Last modified
8/9/2016 11:58:35 AM
Creation date
9/30/2015 9:36:49 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/29/2006
Control Number
2006-101
Agenda Item Number
Administraors signature
Entity Name
Shulkman, Rogers, Gandal, Pordy & Ecker, P.A.
Subject
Attorney/client Agreement for 800 MHz re-banding
Supplemental fields
SmeadsoftID
5547
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the County's final Re -banding agreement negotiated with Nextel according to reimbursement <br />guidelines established by the TA. <br />The Firm understands that the Firm's Legal Fees will ultimately be paid by the 800 N1HZ Transition <br />Administrator (the "TA") on the County's behalf, or directly from Nextel Communications via a <br />draft order from the TA. The Firm will assume the risk of payment or reimbursement of Legal Fees <br />and costs through Nextel and/or the TA. However, if, as part of the engagement the County asks <br />the Firm to perform work on the County's behalf which the Firm reasonably believes will be <br />outside the scope of Legal Fees and costs reimbursable by the TA, the Firm will promptly inform <br />the County in writing. The County may then either (1) ask the Firm not to perform the requested <br />work, or (2) ask the Firm to proceed with the requested work, in which case the County should be <br />aware that the County will continue to be responsible for any Legal Fees and costs for such services <br />the County requested but which are disallowed by the TA as being outside the scope of work on the <br />project. <br />All monthly statements will be sent to the County Attorney and John King, Director of Emergency <br />Services, for review and approval, and it will be the County's responsibility to submit such <br />statements to the TA for payment according to procedures set out by the TA. The County will make <br />its best efforts to submit bills from the Firm to the TA in a timely manner. The TA will then pay the <br />Firm directly on the County's account and behalf. If the TA or Nextel pays the County and does <br />not pay the Firm, the Firm will expect to be paid within fifteen days of County's receipt of <br />compensation from the TA, or directly from Nextel for any Legal Fees submitted to the TA for <br />payment to the extent the TA or Nextel has paid the County directly. <br />Failure to receive payment for any bill by the sixtieth day after the TA issues a charge order for <br />payment or payment is received directly by the County from TA or Nextel will ordinarily result in a <br />discontinuance of legal services. Allowance will be made for administrative delays within the TA. <br />If the TA fails to notify Nextel that a payment is due the Firm within sixty days, the Firm will not <br />hold the County responsible for the administrative delay. if payment is due directly from Nextel, <br />the Firm will not hold the County of Indian River responsible for Nextel's internal administrative <br />delay. The Firm will not, however, discontinue services without giving the client notice of such <br />intended discontinuance. The Firm will suggest other counsel, allowing reasonable time for the <br />client to employ other counsel; deliver all papers and property to which the client is entitled and <br />which the Firm is obligated to deliver; cooperate with counsel subsequently employed; and <br />otherwise endeavor to assure that the client's case will not be prejudiced by the discontinuance. <br />Should the TA refuse to reimburse the Firm for Legal Fees as defined herein, the Firm reserves the <br />right to protest such refusal through the FCC's processes, at no additional cost to the County. In the <br />event that neither the TA nor Nextel pay for Legal Fees as defined herein, the Firm and the County <br />agree that, other than Legal Fees for services which the client requests which are disallowed by the <br />TA as being outside the scope of work on the project, all such Legal Fees shall be evenly split <br />between the Firm and the client. However, in no event will the County be obligated to the Firm for <br />Legal Fees in excess of Ten Thousand ($10,000.00) Dollars without the prior express written <br />consent of the County. <br />Representation in Other Matters. The Firm is not presently aware of any potential conflicts <br />of interest that would or may interfere with the Firm's full representation of the County's interests. <br />
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