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City of Sunny Isles Beach <br />Attu: City Clerk <br />March 4, 2019 <br />Page 4 <br />Option 2: Monthly Retainer Fee Option with Excluded Services <br />For this option, the Firm proposes a flat monthly fee of $575000 for all legal services <br />provided by the Firm to the City, other than certain excluded services. Excluded services include <br />litigation/dispute resolution (including labor arbitrations), collective bargaining with labor unions, <br />unique special projects (such as Code and Charter rewrites) and legal services for which the Firm <br />may seek cost recovery from third parties (such as for review of private development applications). <br />Under this arrangement, all excluded services would be billed hourly at $260/hour as set forth in <br />Option 1 above, except that cost recovery items will be billed to third parties at the blended hourly <br />rate of $425/hour. <br />Malpractice Claims and Insurance <br />A statement of the malpractice claims and/or ethics complaints taken against the Firm or <br />its attorneys in the last five years and the status of such actions is attached hereto as Exhibit 2. The <br />Firm's current malpractice insurance carrier is Endurance American SpecialtyInsurance <br />Company. Our current policy is a "claims made and reported policy" covering the period April <br />242 2018 to April 24, 2019. Our current maximum total policy period aggregate is $3,000,000 <br />with a self-insured retention of $75,000.00 per claim. Our Firm also carries Excess Professional <br />Liability Coverage for the same period with $3,000,000.00 of additional coverage. <br />Conclusion <br />We believe that we are perfectly suited to provide the City with all of its legal needs and <br />would be honored to serve as the City. Attomey. If you have any questions or concerns, please do <br />not hesitate to contact Lillian Arango or me at (305) 854-0800 or larango@wsh-law.com or <br />bschneider@wsh-law.com. <br />Enclosure <br />Very truly yours, <br />c <br />Brett J. Schneider <br />h/[, WE COLER& BIERMAN AN <br />` \ Ar rxx Caossaoaps or Bxxxsxs; GovEaxnssxr & rxE LnW <br />