HomeMy WebLinkAboutR-99-0901J-99-985
11/16/99
RESOLUTION NO. 0 J + 9 01
A RESOI.,UTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT, AUTHORIZING THE ENGAGEMENT
OF THE LAW FIRM OF AKERMAN, SENTERFITT &
EIDSON, P.A. FOR REPRESENTATION OF THE CITY
OF MIAMI AND WALTER FOEMAN, CLERK OF THE CITY
OF MIAMI, IN ANY AND ALL MATTERS THAT HAVE
ARISEN OR WILL ARISE AS A RESULT OF THE
LAWSUIT, MIAMI ASSOCIATION OF FIREFIGHTERS,
LOCAL 587, ET AL., VS. CITY OF MIAMI, ET AL,
ELEVENTH JUDICIAL CIRCUIT COURT, CASE
NO. 99-23358, CONCERNING ISSUES RELATED TO
AMENDMENTS TO THE CITY OF MIAMI CHARTER;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT
TO EXCEED $50,000, PLUS COSTS AS APPROVED BY
THE CITY ATTORNEY, FROM THE SELF-INSURANCE
AND INSURANCE TRUST FUND, ACCOUNT CODE
NO. 515001.624401.6.661 FOR SAID SERVICES.
WHEREAS, on October 7, 1999, the Miami Association of
Firefighters, Local 587 and other plaintiffs filed a lawsuit,
Miami Association of Firefighters, Local 587, et al., vs. City of
Miami, et al., in the Circuit Court of the Eleventh Judicial
Circuit, Case No.99-23358, concerning issues related to
amendments to the City of Miami Charter; and
WHEREAS, subsequent to a referendum on the Charter
questions, plaintiffs have raised certain issues which require
ATTACH EAENT (S)I
CG3NTAICVD
CITY COMMISSION
MEETING OF
NOV 1 6 1999
Resolution No.
00- 901
retention of counsel outside the Office of the City Attorney; and
WHEREAS, it is in the best interest of the City of Miami
that the law firm of of Akerman, Senterfitt & Eidson, P.A.
("Akerman Senterfitt") be retained pursuant to the terms and
conditions set forth in the letter from Akerman Senterfitt,
attached hereto and incoroporated herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Attorney's engagement of the law
firm of Akerman, Senterfitt & Eidson, P.A. for .representation of
the City of Miami and Walter Foeman, Clerk of the City of Miami,
in any and all matters that have arisen or will arise as a result
of the lawsuit, Miami Association of Firefighters, Local 587,
et al., Eleventh Judicial Circuit Court, Case No. 99-23358,
concerning issues related to amendments to the City of Miami
Charter, in an amount not to exceed $50,000, plus costs as
approved by the City Attorney, is hereby authorized, with funds
therefor, in an amount not to exceed $50,000, hereby allocated
from the Self -Insurance and Insurance Trust Fund, Account Code
2 -
` 901
m
No. 515001.624401.6.661., for said services.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.l'
PASSED AND ADOPTED this lfth day of November , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2.36, since the Mayor did not Indicate approval of
this legislation by signing it in the designated place provided, said legislation
becomes effective with the elapse of ten (10) days fro a date of Comm
regarding same, without the Mayor exgrd1siW-4 veto/ %� issic
ATTEST:
WALTER J. FOEMAN
CITY CLERK
AP
JANDb VILARELLO
Y TORNEY
0:RCL:BSS
CTNESS:'�✓
Wafter ,) Foe , Cit;�qlerk
�i If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
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THU 15:51 FAX 85022248028 AKERMAN, 5ENTERFITT
„�
AKEKMAN, SENTEKFITT 8 E1D50N, P. A.
ATTORNEYS AT LAW
got SOUTH GRONOUGN STREET
SUITE too
TALLAMASSEE. PLORIDA 323OW722
(Sao) e22.3471
TELEGOPY (6SO) 222.8628
JOSEPH W. HATCI3ETr
Direct MO.' BSa521-8006
FTnailjhatclwtt@akerm=.com
Via Telecopier. 305-416-1801
Alejandro Vilarello, Esq.
City Attorney
City of Miami
Suite 945
444 S.W. 2nd Avenlre
Nliami, Florida 331 1-1910
November 11, 1999
Re: Miai, , iation of Firefighters, J.ocal 587, et al.,
V. Cily of Miami. ( al - base No 99-233-. '--) —
Dear Mr. Vilarello:
We are pleased to confirm our understanding regarding Akerman, Senterfitt & Eidson,
P.A.'s ("Akerman Senterfitf) representation of the City of Miami and Walter Foeman, Clerk of .
the City of Miami (collectively, "the City") in the captioned matter. Akerman Senterfitt agrees
to undertake the representation of the City in any and all matters that have arisen or Will arise as
a result of the captioned matter (hereinafter the "engagement's.
I will have primary responsibility for these matters and will be assisted by Michael Fertig,
Esq. and Nina Dole Brown, Esq. I will bill at the rate of $200 per hour. Mr. Fertig and Ms.
Brown will bill at the rate of $150 per hour. We may request that associates and/or legal
assistants assist in the representation to the extent necessary. Associates will be billed at the rate
of S125 per hour and legal assistants at the rate of $70 per hour. We will seek to allocate the use
of personnel in such a way as to be cost effective while maintaining quality representation. We
will also bill you for actual costs and expenses incurred in the representation of this matter. Bills
are generated on a monthly basis.
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TALLAHASSIM • FOOT I.AUD2RDALE • MIAMI • ORLANOO • TAMPA WEST PALM ■RACM
In g 0
UN. SENTERFI17
Alejandro Vilarello, Esq.
November 11, 1999
Rage
We have advised you that our firm has, from time to time, represented parties whose
interests have been adverse to those of the City, and we will continue to do so in matters that are
not substantially related to the engagement. However, during the course of this representation,
Akerman Senterfitt agrees that it will not engage in any legal proceedings that are adverse to the
City, so long as Akerman Senterfitt does not appear as counsel of record in such actions during
the engagement. The City agrees that it will waive any conflict that may exist emanating out of
Akerman centerfitt's involvement in the litigation in the Circuit Court of the 1 lth Judicial
Circuit stylea: Decon,a Miami Associates Ltd,. et al. City of Miami et al., Case No. 95-12055
CA(04), Circuit Court, .Dade County, and any appeals in such action. The City also agrees that
Akerman Senterfitt may represent the Department of Off Street Parking in matters adverse to'the
, long as it does not appear as counsel of record against the, v during the engagement.
We look forward to working with you on this matter and thank you for the opportunity to
represent the City. Please feel free to call me at any rime if you have any questions or continents.
Very tnlly yours,
Agreed to
Date
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