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HomeMy WebLinkAboutR-2002-164 RESOLUTION NO. 2002-164 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A RETAINER AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF DANIA BEACH AND WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., TO PROVIDE LEGAL SERVICES AS CITY ATTORNEY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE OCTOBER 1, 2002. WHEREAS, on February 10, 1998, the city commission of the City of Dania (now known as Dania Beach) adopted Resolution No. 11-98, which appointed Thomas J. Ansbro, Esq. of the law firm of Brinkley, McNerney, Morgan, Solomon & Tatum, LLP, as City Attorney, and, January 17, 2000, Attorney Ansbro joined the law firm of Weiss Serota Helfman Pastoriza & Guedes, P.A.,; and WHEREAS, the City of Dania Beach Charter authorizes the city commission to appoint a city attorney who shall serve at the pleasure of the commission; and WHEREAS, the city commission desires that Thomas J. Ansbro continue to serve as City Attorney through the law firm of Weiss Serota Helfman Pastoriza & Guedes, P.A., for the provision of legal services; and WHEREAS, Weiss Serota Helfman Pastoriza & Guedes, P.A. has been providing legal services since January 2000 and they now have presented a proposed Retainer Agreement to be effective October 1, 2002, where Paragraphs 1 through 3 set forth the restructured financial plan to provide legal services to the City of Dania Beach under the terms and provisions of the agreement attached to this Resolution as Exhibit "A", and Thomas J. Ansbro shall be primarily responsible for the delivery of legal services; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the law firm of Weiss, Serota, Helfman, Pastoriza & Guedes, P.A. shall continue to serve as City Attorney at the will of and at the pleasure of the city commission, effective October 1, 2002, and Thomas J. Ansbro shall be primarily responsible for the delivery of legal services. Section 2. That the agreement between the City of Dania Beach and Weiss Serota Helfman Pastoriza & Guedes, P.A. for the provision of legal services to the City of Dania Beach which is attached to this Resolution as Exhibit "A" is hereby accepted and the appropriate city officials are hereby authorized to execute same. 1 RESOLUTION NO. 2002- 164 Section 3. That all resolutions or parts of resolutions in conflict with this resolution are hereby repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect as of October 1, 2002. PASSED AND ADOPTED THIS 24th DAY OF SEPTEMBER, 2002. RUtERT H. CHUNN, JR. MAYOR — COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES �4� v'' COMMISSIONER MCELYEA -YES CHARLENE O NSON COMMISSIONER MIKES - ABSENT CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES . APPROVED AS TO RM AND CORRECTNESS: BY: T O AS ANS RO CITY ATTORNEY 2 RESOLUTION NO. 2002- 164 WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. ATTORNEYS AT LAW MITCHELL A.BIERMAN BROWARD OFFICE DOUGLAS R.GONZALES NINA L. BONISKE 3107 STIRLING ROAD, SUITE 300 JOHN R, HERIN,JR. JAMIE ALAN COLE FORT LAUDERDALE, FLORIDA 33312 CHRISTOPHER F.KURTZ EDWARD G.GUEDES PETER A. LICHTMAN STEPHEN J. HELFMAN KAREN LIEBERMAN* GILBERTO PASTORIZA JAMIE ALAN COLE MATTHEW H. MANDEL JOSEPH H.SEROTA BERNARD S. MANDLER* MANAGING SHARE HOLDER-BROWARD OFFICE NANCY E.STROUD ALEXANDER L.PALENZU ELA-MAURI RICHARD JAY WEISS ANTHONY L.RECIO DAVID M.WOLPIN TELEPHONE (954) 763-4242 GARY 1. RESNICK* STEVEN W.ZELKOWITZ SCOTT A. ROBIN TELECOPIER (954) 764-7770 DANA J.SCHINDLER WWW.WSH-FLALAW.COM GAIL D.SEROTA* MIAMI-DADE OFFICE ARI C.SHAPIRO THOMAS J.ANSBRO* 2665 SOUTH BAYSHORE DRIVE *SUITE 420 JEFFREY P.SHEFFEL LILLIAN ARANGO DE LA HOZ* MIAMI, FLORIDA 33133 FRANCINE THOMAS STEELMAN ALISON S.BIELER TELEPHONE(305)854-0800 * TELECOPIER (305)854-2323 SUSAN L.TREVARTHEN MITCHELL J.BURNSTEIN CARMEN I.TUGENDER ELAINE M.COHEN *OF COUNSEL DANIEL A.WEISS* July 26, 2002 VIA FACSIMILE & U.S. MAIL Ivan Pato, City Manager 100 W Dania Beach Blvd. Dania Beach, FL 33004 Re: Proposed Retainer Agreement for VVei: s, Serota Legal Services Dear Ivan: Enclosed is a proposed "'Retainer Agreement" letter, addressed to the City Commission, which would become effective October 1, 2002. Paragraphs 1 through 3 set forth the restructured financial plan, while the remainder of the provisions are standard in all of the Firm's arrangements with all of its cities. Please call me with any questions. Sincerely, Thous J. Ansbro TJA:slw 566.001 WEISS SEROTA HELFMAN PASTOKIZA & GUEDES, P.A. • ATTORNEYS AT LAW M ITCHELL A. BIER MAN BROWARD OFFICE DOUGLAS R.GONZALES NINA L.BONISKE 3107 STIRLING ROAD, SUITE 300 JOHN R. HERIN,JR. JAMIE ALAN COLE FORT LAUDERDALE, FLORIDA 33312 CHRISTOPHER F.KURTZ EDWARD G.GUEDES PETER A.LICHTMAN STEPHEN J. HELFMAN KAREN LIEBERMAN* GILBERTO PASTORIZA JAMIE ALAN COLE MATTHEW H. MANDEL JOSEPH H.SEROTA MANAGING SHARE HOLDER-BROWARD OFFICE BERNARD S. MANDLER* NANCY E.STROUD ALEXANDER L. PALE NZUELA-MAURI RICHARD JAY WEISS MICHAEL S.POPOK* DAVID M.WOLPIN TELEPHONE (954) 763-4242 ANTHONY L. RECIO STEVEN W.ZELKOWITZ GARY I.RESNICK TELECOPIER (954) 764-7770 MARK A. ROTHENBERG WWW.WSH-FLALAW.COM SCOTT A.ROBIN MIAMI-DADE OFFICE DANA J.SCHINDLER THOMAS J.ANSBRO* 2665 SOUTH SAYSHORE DRIVE *SUITE 420 GAIL D.SEROTA* LILLIAN ARANGO DE LA HOZ* MIAMI, FLORIDA 33133 - ARI C.SHAPIRO ALISON S. BIELER TELEPHONE (305)854-0800 * TELECOPIER (305)854-2323 JEFFREY P.SHEFFEL MITCHELL J. BURNSTEIN FRANCINE THOMAS STEELMAN ELAINE M.COHEN *OF COUNSEL SUSAN L.TREVARTHEN CARMEN I.TUGENDER July 26, 2002 Honorable Mayor and Commissioners City of Dania Beach,Florida 100 West Dania Beach Blvd. • Dania Beach, Florida 33004 Re: Retainer Agreement With Weiss Serota Helfman Pastoriza & Gnedes,P.A. Dear Mayor and Commissioners: On behalf of Mr. Ansbro and all of the attorneys at Weiss Serota Helfinan Pastoriza & Guedes, P.A. (the "Firm"), I would like to take this opportunity to tell you how pleased we are that you wish to continue to engage our Firm as City Attorney for Dania Beach. We have greatly enjoyed providing legal services to the City, and look forward to many years of continuing service. Based upon our discussions and negotiations with the City Manager, this letter will amend and replace the terms of our agreement with the City, effective October 1, 2002. This letter is intended to set forth our understanding as to the nature and scope of the legal services we have agreed to render for you, 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 the City will make payment. 1. Nature of Legal Services. You have engaged us to serve as City Attorney of Dania Beach and to provide other legal services to the City. 2. General Legal Services. The Firm will provide "General Legal Services"to the City for a flat fee of$275,000 per year (the "Retainer Amount"), paid in equal monthly installments. "General Legal Services"shall mean: ® Honorable Mayor and Commissioners July 26, 2002 Page 2 a. attendance at all regular and special City Commission meetings, all City Commission workshops, all meetings of the Planning and Zoning Board,Nuisance Abatement Board and Vehicle Impoundment Hearings; b. preparation, review and/or revision of all ordinances and resolutions considered by the City Commission; C. p parat,,on, rcvie and/or revision of all City contracts.for.normal City . operations and purchases; d. provision of general legal advice on municipal issues that may arise from time to time; and C. telephone calls and meetings with all City officials and staff members regarding normal day-to-day City operations. ® 3. Specialized Legal Services. The Firm will also provide "Specialized Legal Services" to the City at the rate of$150 per hour for all attorneys, together with applicable taxes, if any. It is our practice to charge for actual time expended on your behalf, but not less than 1/10th of an hour for each activity. "Specialized Legal Services" shall mean all legal services performed by the Firm for the City that are not General Legal Services and includes, but is not limited to: litigation, land use, labor, real estate, eminent domain, redevelopment, bond work, telecommunications and all legal services that are paid by others through "cost recovery." Each year, the City Manager shall set forth a budgeted amount for Specialized Legal Services. If the City requests Specialized Legal Services in excess of the budgeted amount, the Firm will notify the City Manager so that he may make the necessary budgetary adjustments. If the City or any City official is served with any lawsuits or claims that are or may be covered by any insurance policy, the City will request that the insurance company retain the Firm to provide a defense for the City at the expense of the insurance company. In addition, if the Firm represents the City on any matter as part of a group or coalition of cities, there shall be a separate retainer agreement regarding such representation. 4. Costs. In addition to the fees discussed in paragraphs 3 and 4, we anticipate that certain expenses may be incurred and advanced on your behalf. These expenses may include filing fees, recording costs, out-of-town travel expenses, delivery charges, long distance telephone charges, photocopies, special postage (express mail, certified mail and the like), computer research charges, 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, fees and expenses of experts necessary to assist in the preparation and hearing of your case, investigation costs, word WEISS SEAOTA HELFMAN PASTORIZA & GUEDES, P.A. Honorable Mayor and Commissioners July 26, 2002 Page 3 processing fees, computer charges and applicable lobbyist registration fees. In addition to our fees for legal services, you agree to pay us for such out-of-pocket expenditures. In the event unusually large costs or advances are anticipated, we reserve the right to require an additional cost deposit from you prior to undertaking the expenditures of funds on your behalf. 5. PP2,;ment of Fees and Costs. The City will pay the Firm for General Legal Services at the beginning of each month, without invoice, in an amount equal to one twelfth of the Retainer 13rnount:: Our iir,.�;ces.1'br.. Sp,eciaiized Li gal Services. will be sublrlitted to you on a monthly basis and each invoice will be due and payable when rendered. If any invoice or payment 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 legal services to you. The City 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. In the event we are ultimately required to bring suit to collect any unpaid fees and costs, the City will be required to pay reasonable attorneys' fees as well .as legal interest on the amount of any fees and costs due us. 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 liability to the City until we 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 and personal property that is preserved, protected or obtained as a result of the representation undertaken herein. Interest at the rate of 12% per annum will be added to any invoice which remains unpaid for more than 30 days after it is rendered. 6. Termination of Representation. We will serve at the pleasure of the City Commission and may be terminated at any time. 7. Representation of Other Clients. We are bound by rules of legal ethics not to represent any client if the representation of that client will be directly adverse to the interests of another client unless each such client consents to such representation after consultation, The-City Manager shall have the authority, on behalf of the City, to consent to such representations, after notice to the City Commission, if he deems it to be in the best interest of the City. 8. 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. The prior agreement between the City and the Firm shall remain in full force and effect through September 30, 2002. We appreciate your confidence in our Finn and we assure you that we will make every effort to continue to perform our services in a prompt, professional and efficient manner. WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. Honorable Mayor and Commissioners July 26, 2002 Page 4 Very truly yours, WEISS SEROTA HELFMAN PASTORIZA& GUEDES, P.A. By: 12 '--:, ie A. o e AGREED AND ACCEPTED on , CITY OF DANIA BEACH By. H. CHUNN, JR. MA R ATTEST: By: IVM JO N PATO CITY CLERK CITY MANAGER WEISS SE -ROTA HELFMAN PASTOBIZA & GUEDES, P.A. CITY OF DANIA BEACH LEGAL DEPARTMENT BUDGET FY 2002-03 General Legal Services $275,000.00 Code Enforcement, Unsafe Structures $ Specialized Legal Services: Labor $ 5,000.00 Telecommunication $ 20,000.00 Land Use $ 30,000.00 Litigation $ 20,000.00 $ 75,000.00 Total: $ Proposed Revision to WSHP&G Contract: All general legal services to be rendered for a flat annual fee of $275,000.00, payable monthly, subject to 4% annual cost of living increase. Tom Ansbro will continue to sit as City Attorney and will continue to serve as principal legal advisor to City, with all of the firm's 35 attorneys available for assistance and specialized legal services. Specialized legal services will be billed monthly at $150 per hour.