HomeMy WebLinkAboutLetter(City of 4Thami
JORGE L. FERNANDEZ
City Attorney
September 17, 2007
David E. Cardwell, Esq.
The Cardwell Law Firm
8815 Conroy Windemere Road #336
Orlando, Florida 32835
Re: Engagement Letter for Professional Legal Services
Special Counsel for creation of the Coconut Grove Business Improvement
District as a special taxing district under Florida law
Dear Mr. Cardwell:
Telephone: (305) 416-1800
Telecopier: (305) 416-1801
E-MAIL: Law@ci.miami.fl.us
This letter will confirm our agreement as to the nature and scope of legal services
to be performed in the representation of the City of Miami as special counsel for the
creation of the Coconut Grove Business Improvement District as a special taxing district
under Florida law, any drafting related to new City Code ordinances, revisions to related
existing ordinances, resolutions, public notices, and other documents necessary to create
the Coconut Grove Business Improvement District, review of applicable and pertinent
documents and information concerning the creation of the special taxing district,
including plans, projections, and financial analysis prepared by other consultants, and
rendering of any required legal opinions regarding the creation of the special taxing
district.
1. Scope of Legal Services. It is agreed that The Cardwell Law Firm (hereinafter
referred to as the "Firm") shall provide legal services consisting of representation of the
City of Miami in connection with the above -referenced matters by counseling, giving
legal advice, formulating legal strategy, drafting any required ordinances, revisions to
related existing ordinances, resolutions, public notices and other documents necessary to
create the Coconut Grove Business Improvement District, review of applicable and
pertinent documents and information concerning the creation of the special taxing
district, including plans, projections, and financial analysis prepared by other consultants,
and rendering of any required legal opinions regarding the creation of the special taxing
district. It is agreed that David E. Cardwell will be the sole attorney to attend Coconut
Grove Business Improvement Committee meetings, any related Miami Parking Authority
meetings, any required community meetings, any meetings with property owners and/or
business owners and/or residents, and any City Commission meetings, unless there are
extreme circumstances that do not permit his presence. Once the Firm is engaged to
OFFICE OF THE CITY ATTORNEY/444 S.W. 2nd Avenue, Suite 945/Miami, Florida 33130-1910
Engagement Letter for Professional Legal Services
Special Counsel for creation of the Coconut Grove Business Improvement District
September 17, 2007
Page 2 of 4
render legal services as described above, the Firm is expected to abide by the City
Attorney's decisions concerning the objectives of representation. The Firm's contact
within the City Attorney's Office is Assistant City Attorney, Robin Jones Jackson, who
has been assigned to monitor this matter.
2. Contact with City Personnel or Officials. In some instances, it may be
necessary for the Firm to communicate' directly with City management or other City
personnel, including but not limited to, management and personnel from the Miami
Parking Authority and the Coconut Grove Business Improvement Committee. Before
such communication, the Firm shall advise the City Attorney of the nature of the intended
communication, and shall promptly provide copies of all related correspondence to the
City Attorney.
3. Contact with Third Parties or Media. In matters relating to this engagement,
the Firm shall have no contact or communication with interested or affected third parties,
such as property owners, business owners, residents, community associations, state, or
local elected officials, state, or local regulators, developers, contractors, etc., or anyone
related to them, without prior approval of the City Attorney. In addition, the Firm shall
also have no contact with the media in matters relating to this engagement without the
prior approval of the City Attorney.
4. Junior Lawyers and Paralegals. The Office of the City Attorney favors the
practice of using experienced junior lawyers or paralegals to work on matters whenever
possible, without having a more senior lawyer re -work the project.
5. Fees and Billing. The Firm will be compensated for services at the rate of One
Hundred and Seventy -Five Dollars and No Cents ($175.00) per hour. Payment in full of
the Firm's statements are due within thirty (30) days from the time the Firm's statement
is received by the City Attorney. Statements must be submitted to the City Attorney
monthly and such statements will be promptly forwarded to both the Miami Parking
Authority and the Coconut Grove Business Improvement Committee for payment. Please
be advised that at this time, the 2007-2008 budget for the Coconut Grove Business
Improvement Committee contains $10,000.00 for legal services and related costs for the
creation of the special taxing district. Any legal services and related costs beyond the
$10,000.00 budgeted amount would require prior approval by the City Commission. Each
statement submitted for payment must include the following information:
a. Description of Legal Services. A specific description of the
services performed by the attorney or paralegal showing the amount of time spent and the
corresponding charge;
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Engagement Letter for Professional Legal Services
Special Counsel for creation of the Coconut Grove Business Improvement District
September 17, 2007
Page3of4
b. Minimum Billing Increments. In instances where minimum billing
increments are used, the services will be aggregated so that the total actual time spent
meets the minimum billing increment. ,
c. Expenses. An itemization of all allowable costs, expenses and
disbursements (see below).
6. Payment of Fees, Costs, Expenses and Other Disbursements. The City's
Coconut Grove Business Improvement Committee through funding administered by the
Miami Parking Authority shall be responsible for fees, costs and expenses associated
with the Firm's rendering of these legal services as follows: any state, or local filing fees
for required State of Florida, Miami -Dade County, or other similar applications or
submissions; long distance telephone charges; Federal Express or other courier service
fees; in-house photocopying (see below); outside photocopying, binding and exhibit
preparation expenses; and postage. All other costs, expenses or other disbursements,
including experts, consultants, and any travel or travel -related per diem expenses (see
travel and per diem below), shall require' prior written approval from the City Attorney.
All costs and expenses billed to the City will be at the Firm's actual cost, without any
mark-up. All billings for costs, expenses and disbursements must be accompanied by
backup documentation, such as invoices from the vendor of services, etc. The following
are our requirements regarding particular costs and expenses:
a. Travel and Per Diem Expenses: Any travel must be approved by
the City Attorney. Previously approved travel and travel -related per diem expenses will
be reimbursed in accordance with Section 112.061, F.S. Documentation accompanying
such charges must reflect the time, nature, purpose and appropriateness of the
disbursement. The Firm is expected to travel in a prudent, cost-effective manner.
b. Photocopying Charges. Reimbursement will be made for charges
at the Firm's cost of photocopying (at a,rate of Fifteen Cents ($0.15) per page or less).
Large individual projects in excess of Two Hundred and Fifty Dollars and No Cents
($250.00) must be pre -approved by the City Attorney.
7. No Conflicts of Interest. The Firm certifies that no conflict of interest
currently exists with regard to the rendering of these legal services to the City. If a
conflict has been disclosed, the Firm's disclosure will be brought to the attention of the
City Commission for its determination whether the conflict should be waived by the City.
If a conflict arises in the future concerning an unrelated matter in which the City is a
party, the City will either waive any such conflict, or allow the Firm to withdraw its legal
representation of the City. In any event, the City may be willing to waive the general
prohibition against the Firm representing a party against the City, a former client, in a
subsequent matter. The City Attorney agrees that the providing of legal services to third
A-0500462
Engagement Letter for Professional Legal Services
Special Counsel for creation of the Coconut Grove Business Improvement District
September 17, 2007
Page 4 of 4
parties concerning the City does not constitute a conflict, so long as the Firm does not
engage in providing any legal services that involve litigation against the City.
If the foregoing terms are agreeable to the Firm, please acknowledge same by
executing this letter and returning it to this office. Representation shall commence upon
approval by the City Commission of this outside counsel representation and your
completion of the acknowledgement below of the foregoing terms and conditions and
receipt thereof by the City Attorney.
V
yours,
Or b- Fernandez
Ci • • orney
AGREED AND ACCEPTED this day of , 2007.
ATTORNEY ADDRESSEE:
By:
David E. Cardwell, Esquire
The Cardwell Law Firm
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