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Home My WebLink AboutR-2006-027 Cypen and Cypen RESOLUTION NO. 2006-027 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE LAW FIRM OF CYPEN & CYPEN TO ASSIST THE CITY IN REVIEW OF CERTAIN PENSION LAW MATTERS AS SPECIAL CITY ATTORNEY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach City Charter, Part III , Article 5, Section 3, authorizes the City Commission to employ special city attorneys who shall serve under terms and conditions as may be determined by the City Commission; and WHEREAS, the Dania Beach City Commission desires to appoint Cypen & Cypen as a special City Attorney to assist the City in review of certain pension law matters, involving and related to the new general employees' participation in the Florida Retirement System and related matters; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That the law firm of Cypen & Cypen is appointed by the Dania Beach City Commission to serve as special City Attorney to assist the City in review of pension law matters. Section 2. That Cypen & Cypen shall be compensated for its legal services at an hourly rate of $200.00 provided, however that the total cost of such services shall not exceed $2,000.00. All statements submitted by Cypen and Cypen for services rendered shall be subject to review and approval by the City Attorney. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its • passage and adoption. PASSED AND ADOPTED on February 14, 2006. ( 6,L—, ANNE CASTRO MAYOR-COMMISSIONER ATTEST: ROLL CALL: -w ,�'l COMMISSIONER ANTON - YES --�o) COMMISSIONER BERTINO - YES LOUISE STILSON, CMC COMMISSIONER MCELYEA - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AST FORM AND CORRECTNESS BY: , AIA THOM S J. A R CITY ATT RNEY 2 RESOLUTION #2006-027 e • CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Mary McDonald, Human Resources Director/Risk Manager Patty Varney, Finance Director FROM: Thomas J. Ansbro, City Attorney DATE: February 3, 2006 RE: Appointment of Cypen & Cypen as Special City Attorney for Pension Ordinance Revision Matters • As I briefly mentioned at the last City Commission meeting, I am preparing the General Employee's Pension Ordinance revisions pertaining to the new vesting period (6 rather then 8 years) and provisions requiring newly hired employees to join the Florida Retirement System ("FRS"). In addition, provisions regarding the Deferral Retirement Option Program ("DROP") need to be reviewed and updated and they are somewhat complex. I request that a firm experienced in Florida Pension law be given the opportunity to review my revisions, to ensure that they are in compliance with state and federal laws, since I have not performed pension law work for over 25 years. Alison Bieler of Cypen & Cypen has agreed, at my request, to provide the City a "governmental rate" of$200.00 per hour (fifty dollars less than the firm's regular rate). That is especially reasonable in light of the firm's statewide reputation and extensive experience in municipal pension matters. I recommend that the firm be retained subject to the terms outlined in the retainer agreement Mrs. Bieler provided us (copy attached). If the City Commission agrees, this is ready for City Commission approval (by Resolution). TJA:slw Attachments I.Aw OFFICES CYPEN & CYPEN 025 ARTHUR.000FREY ROAO P.O. BOX 402099 MIAMI BEACH, FLORIOA 3-31 44009 9 www.cypen.com FACSIMILE: 305.539.0070 M IAMI: 305.532.3200 B ROWARO:994.6d2.3200 February 2, 2006 Thomas J. Ansbro, Esquire City Attorney City of Dania Beach a 100 West Dania Beach Boulevard Dania Beach, Florida 33004 a. Re: Review of Pension and Retirement .Issues Our File No. 14237 Dear Tom: We arc pleased that the Office of the City Attorney wishes to engage our firm to perform legal services. From our experience, we have found that clients appreciate a frank and open discussion and understanding of the services that we will perform and the basis upon which they will be expected to pay for those services. This letter is intended to set forth our understanding as to the Mature and scope of the legal services we, have agreed to render for your office, the amount of our fees for those services, the manner in which our fees for those services shall be determined and the terms upon which you will make payment. 1. Nature of Legal Services. You have engaged us to evaluate legal issues regarding the City's retirement plans. Our services will include legal research and analysis,document review, and evaluation of other materials and information provided by the City to our firm. Additional legal work will be billed at the agreed upon hourly rate. �. Fees for Services. The Office of the City Attorney will be charged and agrees to pay for our services on the bads of hourly rates established from time to time for the attorneys in our Thomas J. Ansbro, Esquire February 2, 2006 Page Two firm together with applicable taxes,if any. It is contemplated that Aliscn S. 13ielcrwill have primary responsibility for this matter. Her hourly rate for this representation is!200.00. Although the hourly rates for the members of the firm range from S250.00 to S450.00, the rate of$200.00 per hour will not be exceeded without.your approval. It is our practice to charge for actual time expended but no less that 2/10ths of an hour for each activity. 3. Costs. In addition to the fees discussed in paragraph 2, we anticipate that certain expenses maybe incurred and advanced on your behalf. These expenses may include filing fees, recording costs, out-of-tovvn travel expenses, delivery charges, long distance telephone charges, Photocopies (xerox), special postage (express mail, certified mail and the like), computer research charges,court reporter expenses(including cost of transcript and court rzporter'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, fees and expenses of experts necessary to assist in the preparation and hearing of your case, investigation costs, word processing ® fees, computer charges and applicable lobby registration fees. Tn addition to our fees for legal services,you agree to pay us for such out-of-pocket expenditures. In the event unusual lv large costs or advances are anticipated,we reserve the right to require an additional cost deposit from you prior to the undertaking the expenditures of funds on your behalf. • 4. Payment of Fees and Costs. Our invoices will be subniitted 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 (subject to court approval, if necessary), to cease to provide further b gal services to your office. Your office will, however,be liable to us for payment of any fees ean,,;d and any costs incurred by us to that time, together with any applicable taxes. In the event we are ultimately required to bring suit to collect any unpaid fees and costs. You understand that your office will be required to pay reasonable attorney's fees as well as legal interest on any amount of any fees and costs due as. You further understand that we have the right to retain any and all files,papers and other property coming into our possession in connection with our engagement without any Iiability to you until v vc have been paid all costs, fees and interest due us under this agreement. You also agree to the imposition of a charging lien for any monies due us on all real property that is preserved, protected or obtained as a result of the representation undertaken herein. Interest at the rate: of 12%, per annurn will be added to any invoice which remains unpaid for more than 30 days after its rendered. CYPEN & CYPEN Thomas .T. Ansbro, Esquire • February 2, 2006 Page Three 5. Withdrawal from Representation. We reserve the right to withdraw from representing the Office of the City Attornev if you have misrepresented or failed to disclose material facts to us, or if we disagree about the course of action which should I)e pursued. 6. Advanced Fees and Costs Deposit. In order to retain the services of this tine,your office will not be required to pay a retainer for fees and costs. 7. Representation of Other Clients. We are bound by rules of legal ethics not to represent any other client if the representation of that client will be dir_etly adverse to the interests of another client unless such client consents to such representation after consultation. if this letter is addressed to more than one person, your signature of this letter will constitute such consent from each of you with respect to the matter or matters specifically described ill the paragraph of this letter entitled "Nature of Legal Services." Please be advised that from time to time we are called upon by clients to represent them as to requests for various approvals and as to other matters with respect to your City. You recognize and acknowledge that by signing this Ietter,you will be deemed to have waived anypotential conflict • of interest in our representation of those clients, and so long as such representation is not in an adversarial position to the City. 8. 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. 9. Commencement of Representation. If the foregoin¢; is agreeable to you, please acknowledge your understanding and agreement by signing this letter and delivering itto us,together with payment of the retainer and/or cost deposit set forth above, if any. • J CYPEN & CYPEN Thomas J. Ansbro, Esquirc February 2, 2006 Page Four We appreciate your confidence in our firm and we assure you that we will make evety effort to perfonn our services in a prompt and efficient manner. Cordially yours, CYPEN & CYPEN Alison S. Bieler For the Finn ASB/arc AGREED AND ACCEPTED on ` , 200b. OFFICE OF THE CITY ATTOILNEY DANIA BEACH, FLORIDA By. ��. Asbro,""'siquire Thorn s J. Dania Beach City Attorney 4 • CYPEN & CYPEN