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Honorable Mayor Zavier Garcia & Council Members City of Miami Springs October 14, 2016 Page 2 of 3 different terms or assist in obtaining outside counsel. I will lead representation of the City and be principally responsible for attending to the City's matters. I may, from time to time, assign other attorneys of the Firm, with specific, specialized experience or expertise to address a particular matter for the City. Subject to unavoidable conflicts, I will attend the regular and special City Council meetings and workshops. 2. Fees for Services. For all City Attorney services provided to the City, as referenced in Paragraph 1 above, you will be charged and agree to pay for our services a monthly flat rate of $14,000.00, with no ceiling on the amount of time expended addressing City matters. 3. Costs. In addition to the attorney's fees discussed in paragraph 2, the firm will bill the City for incidental, out-of-pocket costs such as delivery charges, long distance telephone charges, 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, 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, will continue to 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, 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. 5. Withdrawal from Representation and Termination. We reserve the right to withdraw Yom 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. Likewise, the City at any time may choose to terminate this agreement with or without cause and shall only be liable for fees and cost incurred up to the date of termination. 6. Fees for Other Services. In the event you ask us to render legal services with respect to other matters, in the absence of a written agreement specifically addressing that representation, the other matters will be handled on an hourly basis, and fees and costs will be payable under the same terms and conditions as provided for in paragraph 2 of this letter. 7. 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. We stand ready and able to commence our representation of the City at any time upon your direction. We will make every effort to ensure a seamless transition from Mr. Seiden upon his retirement. If the forgoing is agreeable, please approve these terms and authorize the City Manager to execute this letter of agreement and return an executed copy to our office. WEIC�OLER& B[ERMAN AN As sus Gwsiwnos of Bus�xns, GOVfANn11Ns &sus Lnw