The URL can be used to link to this page

Home My WebLink About2010-214 CORIG COUNTY A7 'V LINDA MESS ER�ER CAPARELLO & SELF , P . A . 9 10 1pg COPY_ _ _ CERTIFICATION ON LAST PAGE_ Attorneys At Law J . K . BARTON , CLERK abjQ - www. lawfla . com August 25 , 2010 VIA ELECTRONIC MAIL AND U. S . MAIL Alan S . Polackwich, Esq . County Attorney Indian River County Florida County Administration Building A 1801 27th St Vero Beach, Florida 32960 - 3388 Re : Representation of Indian River County Florida Dear Mr. Polackwich, Thank you for contacting us regarding this law firm serving as outside counsel to Indian River County Florida in connection with the matters outlined below. We welcome the opportunity to be of service . You have requested our assistance as an outside legal consultant to work with the County Attorney ' s Office in connection with the County ' s review and evaluation of its 1987 electric , water and wastewater utility franchises granted by the County to the City of Vero Beach . As you direct, the scope of this work will include analysis of legal issues relating to the expiration and possible renewal of the franchises . I expect at this time that any work performed in this matter will bP (Irma by rile As governmental agency the rate for my work shall be $275 . 00 per hour . As necessary, other lawyers in the firm, paralegals , and law clerks may be utilized . The rates for such attorneys shall not exceed $ 275 per hour and for paralegals and law clerks shall be $ 75 . 00 per hour . If you would like additional information about our attorneys , practice areas , or clients , you may access our website at www . l awfla . com . In addition to these hourly fees , the client will be responsible for any actual costs and other direct charges incurred in the course of performing these legal services on your behalf. We do not normally charge for incidental telephone calls or photocopies, or standard electronic legal research of Florida judicial cases or administrative agencies . However, to the extent requested or approved such costs and charges that could be charged may include third party conference call charges , large photocopy jobs , non - standard electronic legal research, agency copy charges , overnight courier Regional Center Office Park / 2618 Centennial Place / Tallahassee, Florida 32308 Mailing Address : P. O . Box 15579 / Tallahassee, Florida 32317 Main Telephone: ( 850 ) 222 - 0720 / Fax : ( 850 ) 224 - 4359 a A TRUE COPY CERTIFICATION ON LAST PAGE Mr . Alan S . Polackwich, Esq . J . K . BARTON , CLERK August 25 , 2010 Page 2 services , travel costs (hotels , airfare, mileage , and other direct travel expenses incurred on your behalf, as applicable) , postage , and other such directly attributable costs . Generally, we will advance on your behalf client costs and seek reimbursement through our monthly billing, but in some situations we may request that such costs be directly billed to you . All costs not directly billed as well as our fee charges will be invoiced on a monthly basis by a statement itemizing the respective fees and costs incurred for the preceding month . Payment will be due in our office within 30 days of billing . As we discussed the total fees and costs for this matter shall not exceed $ 15 , 000 . 00 , and no work shall be undertaken in excess of $ 15 , 000 . 00 without your prior written authorization . We also understand that this contract shah be subject to review and approval by the County Commission for Indian River County Florida and its applicable governing laws . As a final matter , the nature of the business of providing legal services and counsel to clients today requires that many of our communications occur through the use of electronic services or that documents are stored in electronic form . These different means can include voice communications (over both traditional landline telecommunications networks as well as mobile communications utilizing combinations of wireless and landline telephone networks) , facsimile or telecopier transmissions , electronic word and data processing involving storage on computer systems and office networks , and e-mail exchanges . As attorneys , we are bound to protect client confidences within the requirements of the rules of the Florida Bar and other applicable laws and regulations . In furtherance of this duty, we have instituted a number of procedures and security measures , including both hardware and software solutions , to help protect the integrity of confidential or other important client information or third party confidential information we may be required to possess during the course of our representation . We take such obligations very seriously, but in utilizing electronic communications and storage devices our reasonable and best efforts cannot provide an absolute or complete guarantee . Therefore , if at any time you have any matter that is so sensitive or confidential as to require us to follow a procedure different from our normal practice (for example , to not send information bv fax , to not talk on a cellular telephone , or to use encryption software for e -mail messages) , please let us know so that we may establish and follow such alternative procedures . Likewise , if at any time you have questions about our normal practices or wish to institute a special practice , we will be happy to discuss such matters with you . We further understand that as a Florida governmental agency subject to the Public Records Act, Chapter 119 , Florida Statutes , that "public records" are open for inspection and copying under Florida law and that our work on behalf of the County and communications between our firm and the County may constitute public records . However, if any of our work or communications may be subject to an exemption from sections 119 . 07 ( 1 ) or 286 . 011 , Florida Statutes , or Section 24 , Article 1 of the State Constitution, then we will determine an appropriate procedure to protect such exempt material and to ensure that the applicable requirements of the law are fulfilled . �� Mr . Alan S . Polackwich, Esq . August 25 , 2010 Page 3 To confirm this representation and the above terms and conditions , please return the original of this letter with your signed acknowledgment below . On behalf of our firm, we appreciate the opportunity be of assistance to Indian River County Florida . Since , Floyd R. FRS /amb 00 0 APPROVE D. AS 7 ° ° r AMD LEGAL S�� F RCS NCS% ACKNOWLEDGEMENT OF e INDIAN RIVER COUNTY FLVXIDA eN p Cgyp�pCM Peter D . O ' Bryan , ChairmalppNAppS . PO C EY September 7 , 2010 °°� /�°y"P° ° ; ° ace COUP "` T?" �9 6 , ° G° • • • e •W • • OO � °O °� COl1 , PP°°� all a pgp°tlNN su „ STATE OF FLORIDA °�d°C�P� OISS/rj/l, INDIAN RIVER COUNTY �.pg`d• • • • • . �C �5 TH I S IS TO C ERTIFY THAT THI S IS ATRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN IS :OFFICE giS . e ' s • `° JE EY K. BAR , CL 4 :� a D . C . 00 DATE q 8 - aON °46. 19 %ER co��'�y°°� ° • N4 pli r