HomeMy WebLinkAbout2010-234 id - 54 io
GREENSPOON MARDER , P . A.
250 S . Australian Avenue , Suite 700
West Palm Beach , FL 33401
(561 ) 227=2370 = Phone
(561 ) 653 =3937 - FAX
RETAINER AGREEMENT
GREENSPOON MARDER , P . A. ( " Firm ") , is pleased to represent INDIAN RIVER COUNTY,
( " Client" ) , 1801 27th St . , Vero Beach , FL 32960 , This Agreement explains the terms of
our retention .
NATURE OF REPRESENTATION
The Firm will represent and assist the Client with general bankruptcy consulting and
representation in bankruptcy matters filed under Title 11 of the United States Code .
COSTS
The Client is responsible for all out of pocket expenses associated with the firm ' s
representation of the Client , including but not limited to , filing fees , court reporter fees ,
deposition and transcript fees , mediation fees , expert witness report and appearance fees ,
witness subpoenas , photocopies , express mail delivery , postage , and travel expenses .
APPLICABLE HOURLY FEES
The hourly fee the Firm will bill the Client will be $225 . 00 an hour .
BILLING
The Client will be billed on an hourly basis for work performed and costs incurred ,
and will receive invoices on a monthly basis . Each monthly invoice for legal services
rendered and cost incurred is payable within 30 days of receipt .
In the event representation of the Client includes the defense of any lawsuits , the
Client understands that the Firm may request an additional retainer to be paid specifically
for representation in that lawsuit . The Firm has the right decline representation of the
Client in any lawsuit if the parties cannot reach an agreement with respect to the payment
of an additional retainer for said representation .
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NON - PAYMENT OF FEES
In the event of non - payment , the Firm shall have a lien on all documents , property ,
or money in our possession for all money due under this Agreement . The Client shall pay
all attorneys ' fees and costs necessitated by non - payment . If any lawsuit arises out of our
attorney/client relationship , the Firm is shall be entitled to recover any and all costs of
collection including court costs and a reasonable attorney' s fee . Venue for any such action
shall lie exclusively in Palm Beach County , Florida .
OBLIGATION OF ATTORNEY AND CLIENT
The attorney is an officer of the Court and is bound by the rules regulating the
Florida Bar , The Client acknowledges and understands that while the attorney accepts this
employment and promises to render professional legal services to the best of his/her ability
during the continuation of this employment , the attorney makes no warranties ,
representations , or guarantees of the representation , and that payment of fees to the Firm
for legal services rendered is not contingent upon a desired result .
The Client agrees to fully cooperate with the attorney , to do nothing which would
compromise the attorney ' s professional ethics , and not to request or require the attorney to
do anything in violation of the Rules of Professional Conduct . If the Client misrepresents or
fails to disclose any material facts , refuse to follow the attorney ' s advise , or fail to be
available as necessary for preparation , conferences , depositions , hearings , or other Court
proceedings , the attorney may withdraw from representation .
The Client acknowledges and understands that the attorney ' s obligation of loyalty to
the client applies to the discharge of his/her professional duties and does not imply an
obligation on the part of the attorney to adopt a personal viewpoint favorable to the interest
or desires of the client .
REASONABLENESS OF FEES
If at any time the Client believes the invoice is not reasonable , the Client will notify
us in writing within thirty (30) days of the date of the invoice , and the Firm will review the
invoice . If no notice is received , it is understood that the invoice is accepted as correct ,
accurate , and reasonable . The reasonableness of any disputed additional fee over and
above the minimum fee shall be settled by the Professional Arbitration Committee of the
Palm Beach County Bar Association , which will be the final determination of its
reasonableness . The minimum periodic hourly billing is not subject to arbitration .
UTILIZATION OF LAWYER ' S TIME TO CLIENT ' S BEST INTEREST
On occasion , the lead attorney in your matter may be faced with conflicts in his/her
schedule which will require him/her to assign a portion of the work in your case to another
attorney in the firm . Unless the client and attorney agree to the contrary , attorney , at
his/her sole discretion , shall have the right to either assign other qualified attorneys in the
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firm to handle certain aspects of your case , or have same postponed to a time when
he/she will be available to give :it his/her personal attention .
THIS CONTRACT SHALL ACT AS A STIPULATION FOR WITHDRAWAL
AT ANY TIME IF THE LAW FIRM IS NOT PAID
ITS FEES AND COSTS AS AGREED TO BY THIS CONTRACT
THIS IS A LEGAL BINDING CONTRACT BETWEEN INDIAN RIVER COUNTY AND THE
LAW FIRM OF GREENSPOON MARDER , P. A . PRIOR TO SIGNING , PLEASE
CAREFULLY READ THIS RETAINER AGREEMENT IN ITS ENTIRETY .
Approved , and Accepted this 5th day of October, 2010 ,
Attest: J . K Barton , Clerk INDIAN RIVER COUNTY, Florida
By its Board of County Commissioners
By. By :
M Av RE >=nJ C �Fv , De ut
a uPgr Peter D . O ' Bryan airman
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• •sate Approved by BCC : _October 5 , 2010
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Approved : s ? AW.oved as to form and legal sufficiency:
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J A . Baird , County Administra olrl ' ,. ,, ,. • ° Alan S . ola6kw' ch , Sr , , my Attorney
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Approved , and Accepted this day of October, 2010 .
GREE509m
MARDER , P . A.
B y . 1,
Chad S . Paiva , Esq . , For the Firm
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