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Home My WebLink AboutR-77-0721MEA:bk 8/26/77 "s U P'C. RTWE FOLLOW" RESOLUTION NO. 7 7" 7 2 l A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR SPECIAL LEGAL SERVICES, (A COPY OF WHICH IS ATTACHED HERETO) WITH FRATES FLOYD PEARSON STEWART RICHMAN & GREER, TO PROSE- CUTE AND/OR DEFEND ALL ASPECTS OF THE EMINENT DOMAIN ACTION TO BE FILED IN THE CIRCUIT COURT OF DADE COUNTY, FLORIDA, TO BE STYLED CITY OF MIAMI V. FLORIDA EAST COAST RAILWAY COMPANY, ET AL., INCLUDING ALL WORK IN THE CIRCUIT COURT AND ALL WORK IN THE APPELLATE AND SUPREME COURTS, IF NECESSARY, AND AUTHORIZING THE FINANCE DIRECTOR TO PAY THE AMOUNTS REQUIRED FROM THE PARKS FOR PEOPLE BONDS FUNDS. WHEREAS, the City contemplates entering to an Eminent Domain proceeding against the Florida East Coast Railway Company, et al. in order to obtain certain property bounded by Biscayne Bay on the east, Biscayne Boulevard on the west, Northeast 6th Street (as extended on the south and Northeast 9th Street (as extended on the north (as more fully described in the Contract); and WHEREAS, the City Attorney has indicated that he cannot at the present time, fully prosecute the Florida East Coast Railway condemnation case due to the complexities thereof and the limita- tions'on staff time; and WHEREAS, the City Attorney has recommended that the City hire outside counsel for this case; and WHEREAS, certain attorneys known to have expertise in the area of Eminent Domain were considered by the City Commission; and WHEREAS, the City Commission has selected Frates Floyd Pearson Stewart Richman & Greer to represent the City in this matter; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager be, and he is hereby authorized to enter into a Contract for Special Legal Services, (a copy of which is attached hereto) with Frates Floyd Pearson Stewart Richman & Greer to prosecute and/or defend all aspects of the Eminent Domain action to be filed in the Circuit Court of Dade CITY COMMISSION MEETING OF S E P 1977 7 7 - 7 2 RESOLUTION MO. REWUU.S:..... ............. K..._. 1 Comity, Florida, to be styled City of Miami v. Florida East Coast ttailiay Company, et al., including all work in the Circuit Court and all work in the Appellate and Supreme Courts, if necessary. Section 2. The Finance Director be, and he is hereby, authorized to pay the amounts required from the Parks for People Bonds funds. PASSED AND ADOPTED this STH day of SEPTEMBER 1977 ATTEST: -471 CI 'RY CLERK PREPARED AND APPROVED BY: MICHEL E. ANDERSON Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: GEOR F. KNOX, JR. City Attorney 2 MAURICE A. FERRE MAYOR 77-721 COI TitAC;`T P0R SP1;CiA_t, LF(, \L SflR'VIC1.S T1liS AGREEMENT, made and entered into this day of AU ttst, i977, fir and between Till: CTTY OF M1:1111, a Municipal corporation of the State of Florida, (hereinafter referred to as the "City") and PRATES FLOYI) PEARSON STEWART RICl1MAN & GREER, P.A. (hereinafter referred to as "Attorneys"). WITNESSETII W1IEItLAS,. the City contemplates entering into an tminent Domain proceeding against the Florida East Coast Railway Company, et al, to acquire the property legally described in City of Miami Commission Resolution No. 77-630; and WIIEREAS, the City Attorney has indicated that he cannot, at the present time, fully prosecute this matter, due to the complexities thereof and the limitations on staff time; and WHEREAS, TIIE City Attorney has recommended that the City hire otitside counsel for this ease; and WHEREAS, certain attorneys known to have expertise in the area of Eminent Domain were considered by the City Commission; and WHEREAS, the City Commission has selected PRATES FLOYD PEARSON 'STEWART RICH,IAN & GREER, P.A. to represent the City in this matter and has authorized the City Attorney to enter into a contract with FRA'TES FLOYD PEARSON STEWAR'T RICIIM AN & GREER, P.A. for special legal services; NOW, 'TIIEREFORE, in consideration of the mutual covenants hereinafter set forth to be observed and performed, the parties hereto covenant and agree as follows: ATTORNEYS AGREE AS FOLLOWS: - A. That they will prosecute and/or defend the City in the case to be styled City of Miami v. Florida Eat Coast Railway Cornpany, et al. for the eondemn-ttion of the property legally described in City of 111iami Commission :Resolution No. 77-G30, said resolution being passed by the City of Miami Commission on July 23, 1977, including all preparation, trials, appeals and supplemental hearings rcl;a!ing to said proceedings. 13. That all files pertaining to the cause in controversy, as provided for 1r1 this contract, shall be the property of the City and upon termination of the suit in " UPPORT E 77-721 RMIat c!otitrVorsy tliocomplete files 1:11,111 be stiiinittecl to the City Attorneys 011ie°, upon IL U5t tTYAcRE.Es AS FOLLOWS As To pay Attorneys on an hourly basis for all legal SorVideS f011oWs: William S. prates $150.00 per hour All other partners $125.00 per hour Associates $ 75.00 per hour Paralegal assistants $ 50.00 per hour City shall be responsible for the payment of all costs and eXpenses inetitsred by Attorneys including fees and costs of till experts. C. All fees and costs shall be billed monthly and shall be paid within thirty (30) days of billing. D. City of Miarni checks for the services herein rendered by Attorneys shall be mailed to Attorneys at One Biscayne Tower, Twenty -Fifth Floor, Miami, Florida 33131. BOTH PARTIES AGREE AS FOLLOWS: A. In no event shall the legal fees incurred by City to Attorneys for all 'H.Work in the trial and appellate courts related to this matter exceed the sum of Three Hundred Thousand Dollars ($300,000.00), notwithstanding the fact that the total sum for legal services on an hourly basis as shown in paragraph 2A could be a greater amount. B. That this Agreement shall in no way restrict the private practice of Attorneys and shall not preclude Attorneys from litigating against the City in other cases prior to the final conclusion of Attorneys' services under this Agreement. C. Attorneys shall be deemed to be independent contractors, and not agents or employees of the City, and shall not attain any rights under the Civil Service or Pension Ordinances of the City, or any rights generally afforded classified or unclassified employees; further, Attorneys shall not be deemed to he entitled to Florida Workmen's Compensation benefits as employees of the City. D. City has instructed attorneys to proceed with the condemnation of said property pursuant to Florida Statute Chapter 74, Proceedings Supplemental 'Po Eminent Domain (”Quiek Take"). City has chosen to "Quick Take" the said property after due and deliberate consideration. City has advised Attorneys it has sufficient funds based on recent appraisals, to proceed under Florida Statute Chapter 74, and any other Ern inent Domnin statute, This contract may be altered or amended only upon the written 71 • fibs tit or both parties ties hereto, IN WITNESS WHEREOF, the parties hereto have catt4ed this instrutncht to be executed in their names by the persons thereunto legally qualified to do so, all as of . the date and year hcrcinabove first written. ATTEST: City Clerk itnessest • •/' 'I'III's CITY OF MIAMI, a Municipal corporation of the State of Florida City Manager PRATES FLOYD PEARSON STEWART ItICIIMAN (Sc GItEEIt, P.A. One Biscayne Tower Twenty -Fifth Floor Miami, Florida. 33131 Phone: (305) 377-0241 • , By I APPROVED AS TO FORM AND LEGALITY: George 1'. Knox, Jr. City Attorney, City of Miami •`• #� Williatn S. Frutes•-• L ' c Honorable Member$ of the City Commission George F.,Knox, Jr. City Att v 11 AUG 29 AH 11: 3? August 26, 1977 Outside Counsel Representing City in FEC Condemnation Case I.esolution Pursuant to the instructions of the City Commission, I have negotiated an agreement with the law firm of Frates Floyd Pearson Stewart Richman & Greer. The contract provides for an hourly rate for each member of the firm expected to participate in the litigation. The agreement also provides that notwithstanding the total number of hours that the law firm works on this case, the maximum legal fees incurred by the City shall not exceed $300,000. GFK : MEA : bk Encl. NH, .".NOW r R4rES nOIERT L,FLO/0 PAY H. PEARSON t ARRY T,. STEV,4pT GEPA!. F. RICtINAN JAI,E S D. LITTLE ALA'. G.GRECR YE,.NETH J. WEIL DEPTHA CLAIPE LEE J;IIN IA.nRUMeAUGH $TF.PHEN N. ZACK sHcrr$YLL HAR TENS DUNAJ V. H. EIRUCE HARPER,JR, N.APVIN C. CHAVIS LAW OFFICES rt3ATES F LOYD PEARSON STEWART RICHMAN & GREER PROFESSIONAL ASSOCIATION DONALD R. THOMrsoN PHILLIP E, V:ALY,FR RICHARD S.PACHLIN !TRUCE A,CHRISTrNSEN ANDREW J. HIRADITO JAPES P,TILGHMAN URSULA MANCUSI•UNGARO GARY D. FOX WILLIAM M, DOURERLEY S. DANIEL PONCE MARGTIA P. NILES SCOTT D.SHEFTALL Oeorge F, Knox, Jr, City Attorney City of Miami 174 E•', Flagler Street Miami, Florida Dear Mr. Knox: We are enclosing our proposed Contract for Special Legal Services, 014k dt 0AYNE 70WEn irWWtNTY-F-IFTH FLOOR 101AM1, F'LORIDA 33131 AREA CODE 30S 'tLEPHONE 377-0241 L;ROWARD 523-4297 In view of the past negotiations with other attorneys, it might be appropriate for me to state that we Have not been asked, nor have we offered, our opinion concerning the advisability of a "Quick Take" procedure. It is our thought that this is a policy matter for the Commission to determine. WSF : mg Enclosures 'Aland Delivered Sincerely yours, Wm. S. Frates 7 -721