The URL can be used to link to this page

Home My WebLink AboutR-2005-102 Moskowitz Mandel et al CRA Counsel RESOLUTION NO. 2005-102 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE LAW FIRM OF MOSKOWITZ, MANDELL, SALIM & SIMOWITZ, P.A., AS SPECIAL COUNSEL TO THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY TO PERFORM CERTAIN SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach City Charter, Part III, Article 5, Section 2, authorizes the City Commission to employ special counsel 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 the law firm of Moskowitz, Mandell, Salim & Simowitz, P.A. to serve as special counsel to the Dania Beach Community Redevelopment Agency to perform certain services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the law firm of Moskowitz, Mandell, Salim & Simowitz, P.A. is appointed by the Dania Beach City Commission to serve as special counsel to the Dania Beach Community Redevelopment Agency to perform certain services. Section 2. That the firm shall be compensated at the rate of$6,000.00 per month for services as specified in the May 24, 2005 letter submitted to the City by Mr. Moskowitz. Payment of$5,000.00 to the firm for services rendered prior to June 1, 2005, is also authorized. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 June 28, 2005. ANNE CASTRO MAYOR-COMMISSIONER A, TEST: ROLL CALL: COMMISSIONER ANTON - YES -�I� CJ COMMISSIONER BERTINO - YES LOUISE STILSON COMMISSIONER MCELYEA - YES CITY CLERK VICE MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS RX AND CORRECTNESS BY: THOMAS J. A S RO CITY ATTORNEY • • 2 RESOLUTION#2005-102 LAW OFFICES MOSKOWITZ, MANDELL, SALIM & SIMOWITZ, P.A. 800 CORPORATE DRIVE • SUITE 510 FORT LAUDERDALE, FLORIDA 33334 MICHAEL W. MOSKOWITZ`• BROWARD (954)491-2000 SCOTT E. SIMOWITZ BOCA RATON (561) 750-7700 CRAIG J. MANDELL TELECOPIER (954) 491-2051 WILLIAM G. SALIM, JR." EMAIL mmss@rn msslaw.com SCOTT M. ZASLAV' '------ ARI J. GLAZER^ TODD A. ARMBRUSTER OF COUNSEL ANDREW K. FISHMAN ------- SHIRLEY D. WEISMAN, P A ALSO ADMITTED IN NY & DC' ALSO ADMITTED IN MA" ALSO ADMITTED IN NY & CT' Michael W.Moskowitz ALSO ADMITTED IN NY^ mmoskowitz@mrnsslaw.com CERTIFIED CIRCUIT COURT MEDIATOR* May 24, 2005 ATTORNEY WORK PRODUCT ATTORNEY CLIENT PRIVILEGED Confidential Document containing thoughts and impressions of counsel regarding anticipated or pending litigation; not subject to disclosure under Florida Public Records Act until the conclusion of litigation. See Section 119.07(3)(1), Fla. Stat. The Parties to the proceeding would include the City of Dania Beach and certain owners of real property that may be subject to an eminent domain action. VIA E-MAIL AND HAND-DELIVERY Ivan Pato, City Manager City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Re: Dania Beach Community Redevelopment Agency (CRA) Dear Ivan: Following up on our initial letter of interest dated July 2, 2004, and our subsequent meetings and discussions with you, this letter will confirm our agreement to serve as special counsel for the Dania Beach CRA as it proceeds forward with its plans for the redevelopment of downtown Dania Beach. Subject to acceptance by the CRA, the terms and conditions of our representation would be as follows: 1. In our July 2, 2004 correspondence, we had suggested an initial legal budget for the first fiscal year in the amount of $75,000.00. As the process has been somewhat slower than anticipated in developing, we would propose to bill the CRA $5,000.00 for all legal services performed to date, including through tonight's CRA meeting. As our services rendered to date, on an hourly basis, would far exceed this amount, we trust that this is satisfactory to the CRA. If so, we will render our invoice in the amount of $5,000.00 for all services rendered to date. 2. Our initial proposal was to establish a legal budget for the first fiscal year in the amount of $75,000.00. We would propose that this amount be revised to Ivan Pato, City Manager May 24, 2005 Page 2 reflect a budget of $72,000.00, payable at the rate of $6,000.00 per month commencing June 1, 2005, and on the first day of each month thereafter. This monthly retainer amount will encompass and include all legal services necessary for the CRA, excluding litigation and eminent domain proceedings. The legal services will include attendance at all CRA meetings; attendance at such other meetings as requested, by the CRA or City staff; responding to legal inquiries and requests for assistance; negotiations with affected property owners; contracts with property owners and the like. All of our ordinary costs, including secretarial, photocopying, -facsimile, telephone charges and the like, would likewise be included within the monthly retainer amount. The only costs that are not included, and which will be billed monthly as incurred, will be those out-of-pocket costs incurred by or through a third party, as for instance for appraisal services, filing fees, third party photocopying charges, Federal Express or delivery charges and the like. Those costs will be billed to the CRA at cost, without mark-up or additional charge. 3. For the monthly $6,000.00 fee proposed to begin commencing June 1, 2005, and for each month thereafter, we would propose to render a monthly invoice setting forth the retainer amount, and any additional costs, if any, incurred. • Such invoice will be due upon receipt. 4. This agreement would be for an initial term of twelve months commencing June 1, 2005 through May 31, 2006. 5. The monthly retainer amount would include all ordinary and necessary services for the CRA, as discussed above, excluding litigation or eminent domain proceedings. These will be billed separately, on an hourly basis plus costs incurred. Invoices for all litigation and/or eminent domain proceedings will be separately identified by particular matter or property involved. We would bill for our services as litigation counsel at the following reduced hourly rates: Michael W. Moskowitz $225.00 per hour William G. Salim, Jr. $225.00 per hour Craig J. Mandell $225.00 per hour Scott E. Simowitz $225.00 per hour Scott M. Zaslav $200.00 per hour Ari J. Glazer $200.00 per hour Todd A. Armbruster $150.00 per hour Andrew K. Fishman $150.00 per hour Any other associate $150.00 per hour Paralegals $ 60.00 per hour Ivan Pato, City Manager May 24, 2005 Page 3 Alternatively, we would be willing to bill all attorneys' time at the blended rate of $210.00 per hour. 6. In addition to the hourly rates set forth above, we would also bill for costs incurred on the same basis as is set forth in paragraph 2 above. In particular, we will not bill for secretarial, photocopying, facsimile, telephone charges and the like. We will however bill for out-of-pocket costs incurred by or through a third party, as for instance appraisal services, filing fees, third party photocopying charges, Federal Express or delivery charges, and the like. Those costs will be billed to the CRA at cost, without mark-up or additional charge. 7. It is anticipated that Michael Moskowitz and William G. Salim, Jr. will perform the majority of the services necessary. However, we have specified the reduced hourly rates of all of our partners and associates so that the CRA will have a clear understanding of the rates to be charged in the event that the services of these individuals are utilized. Alternatively, for litigation and eminent domain matters, we can bill, at your option, the $210.00 per hour blended rate. We trust that this letter adequately sets forth the terms and conditions of our proposed • relationship. Should it meet with the approval of the CRA, we would appreciate your formal acceptance thereof. Should you have any questions or comments, please do not hesitate to contact us. Otherwise, we certainly look forward to working with you, and the CRA, in proceeding with the redevelopment of downtown Dania Beach. Very truly yours, MOSKOWITZ, MANDELL, SALIM & SIMOWITZ, P.A. j By: 1_'-MICHAEL . MOSKOWITZ MWM/cl H:\WGS\2478.01\PATO L04.doc • • CITY OF DANIA BEACH MEMORANDUM TO: Mayor and City Commission Ivan Pato, City Manager Larry Leeds, Community Development Director Patty Varney, Finance Director FROM: Tom Ansbro, City Attorney DATE: June 20, 2005 RE: Appointment of Special Counsel for CRA Board • As discussed at the recent meeting of the City Commission sitting as the CRA Board, it is necessary to formalize the appointment of the law firm of Moskowitz, Mandell, Salim & Simowitz, P.A., to serve as Special Counsel to the CRA. A copy of the firm's May 24, 2005 letter outlining the services is attached. Included in the letter was a proposal to compensate the Finn for its recent past services for the lump sum of$5,000.00. The Resolution of appointment includes authorization to pay that sum. This Resolution is ready for City Commission consideration and adoption. TJA:slw Attachments •