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HomeMy WebLinkAboutR-2007-008 Weiss Serota Rate Increase RESOLUTION NO. 2007-008 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES EXISTING BETWEEN THE CITY OF DANIA BEACH AND WEISS, SEROTA, HELFMAN, PASTORIZA, COLE & BONISKE, P.A. FOR THE PROVISION OF LEGAL SERVICES AS "SPECIAL CITY ATTORNEYS", SUCH AMENDMENT TO INCREASE THE HOURLY COMPENSATION FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach Charter authorizes the City Commission to appoint "Special City Attorneys" who shall serve at the pleasure of the City Commission; and WHEREAS, the law firm of Weiss, Scrota, Helfman, Pastoriza, Cole & Boniske, P.A. proposes to continue to provide specialized legal services to the City of Dania Beach under the terms and provisions of an agreement approved by the City Commission on October 14, 2003, attached to this Resolution as Exhibit"A"; and WHEREAS, the law firm has requested an increase in the hourly rate charged for such services, which would be the first increase in the hourly rate charged for outside legal services by that firm and its predecessor law firm, Brinkley, McNerney, et al., which rate has consistently been $150.00 per hour since February, 1998; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the agreement existing between the City of Dania Beach and the law firm of Weiss, Serota, Helfman, Pastoriza, Cole & Boniske, P.A. is amended to provide that legal services provided by the firm shall be subject to a hourly rate of $180.00 per hour instead of $150.00 per hour. Section 2. That the appropriate City officials are authorized to execute any document deemed necessary by the City Attorney to evidence the amendment. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 retroactive to January 1, 2007. PASSED AND ADOPTED on January 9, 2007. PATRICIA FLURY MAYOR—COMMISSIONER AT EST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: T) ' � &,14 THOMAS J. AKSBR CITY ATTORNEY 2 RESOLUTION#2007-008 WEISS SEROTA HELFMAN PASTOKIZA GUEDES COLE & BONISKE, P.A. ATTORNEYS AT LAW A:TCHELL A.BIERMAN BROWARD OFFICE JENNIFER A.GOLDBERG NNAL.SONISKE 3107 STIRLING ROAD, SUITE 300 DOUGLAS R.GONZALES JAMIE ALAN COLE MARK B. KRAVITZ EDWARD G.GUEDES FORT LAUDERDALE, FLORIDA 33312 CHRISTOPHER F.KURTZ STEPHEN J.HELFMAN HARRIET R.LEWIS* JOHN R. HERIN,JR. JAMIE ALAN COLE PETER A. LICHTMAN GILBERTO PASTORIZA MANAGING SHARE HOLDER-BROWARD OFFICE KAREN LIEBERMAN' GARY I. RESNICK MATTHEW H. MANDEL JOSEPH H.SEROTA BERNARD S. MANDLER* NANCY E.STROUD TELEPHONE 954-763-4242 MICHAEL J.MARRERO RICHARD JAY WEISS TELECOPIER 954-764-7770 ALEXANDER L.PALE NZUELA-MAURI DAVID M.WOLPIN WWW.WSH-FLALAW.COM MICHAEL S.POPOK* STEVEN W.ZELKOWITZ ANTHONY L.RECIO MIAMI-DADE OFFICE MARK A. ROTHENBERG 2665 SOUTH BAYSHORE DRIVE •SUITE 420 SCOTT A. ROBIN THOMAS J.ANSBRO* MIAMI, FLORIDA 33133 DANA J.SCHINDLER LILLIAN ARANGO DE LA HOZ* TELEPHONE 305.854-0800 • TELECOPIER 305-854-2323 GAIL D.SEROTA* ALISON S.BIELER JEFFREY P.SHEFFEL MITCHELL J.BURNSTEIN MIA M.SINGH ELAINE M.COHEN *OF COUNSEL JOSE S.TALAVERA STEPHANIE DEUTSCH' SUSAN L. TREVARTHEN October 14, 2003 Honorable Mayor and Commissioners City of Dania Beach 100 West Dania Beach Blvd. 0 Dania Beach, FL 33004 Re: Retainer Agreement with Weiss, Serota, Helfman, Pastoriza, Guedes, Cole & Boniske;P.A. Dear Mayor and Commissioners: On behalf of all of the attorneys at Weiss, Serota, Helfman, Pastoriza, Guedes, Cole & Boniske, 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 to serve as "Special City Attorneys" 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 understanding of the will of the City Commission, this letter will amend and replace the terms of our agreement with the City, which was dated July 26, 2002 and effective October 1, 2002. This letter is intended to set forth our understanding as to the nature and scope of the legal services you have asked us 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 ternis upon which the City will make payment. 1. Nature of Legal Services. You have engaged us to serve as "Special City Attorneys" of Dania Beach, to provide legal services to the City as may be directed and authorized from time to time by you, the City Attorney or both. Honorable Mayor and Commissioners October 14, 2003 Page 2 of 3 2. Special City Attorney Services. The Firm will provide "Special City P P Y Attorney Legal Services" to the City at the rate of $150.00 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 1/10 of an hour for each activity. "Special City Attorney Services" shall mean all legal services performed by the Firm for the City that are requested and authorized by you, the City Attorney or both. You, the City Attorney or both are not obligated to request any legal services and such services will only be rendered if requested and authorized. 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 may 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 a coalition of cities, there shall be a separate retainer agreement regarding such representation. 3. Costs. In addition to the fees discussed in paragraphs 2 and 3, 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 costs of transcripts and court reporter fees 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 cases, investigation costs, word 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 4. Payment of Fees and Costs. Our invoices for Specialized Legal Services will be submitted 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 60 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, if awarded by the Court. 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. 40 5. Termination of Representation. Either party may terminate this Agreement at any time by providing written notice to the other party. WEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.A. Honorable Mayor and Commissioners October 14, 2003 Page 3 of 3 • 6. 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 Mayor shall have the authority, on behalf of the city, to consent to such representations, after notice to the City Commission, if the Mayor deems it to be in the best interest of the City. 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. The prior agreement between the City and the Firm, mentioned above, but adjusted for the retainer fee pursuant to the 2003-2004 City Budget, shall remain in full force and effect until such time as the City Attorney begins to furnish legal services on an in-house basis. This agreement will become effective at that time, effectively replacing the prior agreement. We appreciate your confidence in our Firm and we assure you that we will make every effort to continue to perform our services in a prompt, professional and efficient manner. Very truly yours, WEISS, SEROTA, HELFMAN, PASTORIZA, GUEDES, COLE & BONISKE, P.A. By: Jam' A. Cole AGREED AND ACCEPTED on1fvca. �� r;'2003. CITY OF DANIA BEACH By: r ,; Robert Antom,Mayor • WEISS SEI?OTA HELFMAN PASTOI?IZA GUEDES COLE & BONISKE, P.A. WEISS SEROTA HELFMAN PASTOKIZA COLE & BONISKE, P.A. ATTORNEYS AT LAW MITCHELL A. BIERMAN B RO WARD OFFICE PAUL S. FIGG S�TCHELL NA L. BONISKE CHAD FRIEDMAN J. BURNSTEIN 200 EAST BROWARD BOULEVARD TARA L. GOULD JAMIE ALAN COLE SUITE 1900 GREGORY A. HAILE STEPHEN J. HELFMAN FORT LAU DERDALE, FLORIDA 33301 JOHN J. KE NDRICK III GILBERTO PASTORIZA KAREN LIEBERMAN' MICHAEL S. POPOK JOHANNA M. LUNDGREN JOSEPH H. SEROTA TELEPHONE 954-763-4242 ANDREW W. MAI SUSAN L.TREVARTHEN TELECOPIER 954-764-7770 MATTHEW H. MANDEL RICHARD JAY WEISS ALEXANDER L. PALE NZUELA-MAURI DAVID M.WOLPIN WWW.WSH-LAW.COM CHRISTINA PRKIC MIAMI-DADE OFFICE JOHN J. QUICK LYNN M. DANNHEISSER 2665 SOUTH BAYSHORE DRIVE• SUITE 420 ANTHONY L. RECIO IGNACIO G. DEL VALLE MIAMI, FLORIDA 33133 SCOTT A. ROBIN DOUGLAS R. GONZALES TELEPHONE 305-854-0800 • TELECOPIER 305-854-2323 GAIL D. SEROTA' JONATHAN C.SHAMRES ESTRELLITA S.SIBILA MELISSA P.ANDERSON* OF COUNSEL EDUARDO M. SOTO LILLIAN ARANGO DE LA HOZ' MICHAEL L. STINES JAMES E. BAKER JOSE S.TALAVERA JEFF P.H.CAZEAU September 28, 2006 STEVEN E.TAYLOR RAOUEL ELEJABARRIETA JAMES E.WHITE Thomas J. Ansbro, Esq. City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: City of Dania Beach representation Dear Tom: Our firm has had the honor to represent the City of Dania Beach for the past seven years. When the firm was first retained by Dania Beach to serve as City Attorney, we agreed to provide legal services at the discounted rate of$150 per hour of attorney time. As you are aware, the discount was based to a large extent on the fact that the Firm would be providing a large amount of legal services to the City. Even though costs have continued to rise and, as a result of the change to an in-house city attorney structure, we are now doing substantially less work for the City, that rate has not been increased. As we discussed, the Firm needs to i-nerease the hourly rate for the City t $180 per hour. At your request, we are delaying the effective date of the increase until January 1, 2007. We hope that you understand that this increase is necessary, and, when factored over the seven year period,equates to an annual increase of less than 2.5% per year. We have enjoyed providing legal services to the City, and look forward to continuing to do so. /�y'truly urs, i J I ie A.