Res No 024-14-14118RESOLUTION NO. 24-14-14118
A Resolution authorizing the City Manager to execute an agreement with Damian H.
Albert, Esq. and his firm to represent the City in the case of Weissberg v. City of South
Miami, case no 13-CV -23875
WHEREAS, Damian H. Albert, Esq. and Johnson, Anselmo, Murdoch, Burke,
Piper & Hochman P A have agreed to represent the City of South Miami ("City") in connection
with the case of .Michael Weissberg v. City of South Miami, case no 13-CV-23875; and
WHEREAS, the case of Weissberg v. City of South Miami involves complicated issues
regarding the federal Fair Labor Standards Act ("FLSA"); and
WHEREAS, Michael Weissberg is a police officer with the City of South Miami
and the issues raised by his complaint involve the manner of computing overtime and
compensatory time that will have a substantial effect on other police officer employed
by the City and the City's finances; and
WHEREAS, Damian H. Albert, Esq. and his firm are experts in this area of the
law involving the FLSA; and
WHEREAS, the Mayor and City Commission desire to hire outside counsel to represent
the City of South Miami in the case of Michael Weissberg v. City of South Miami, Case No 13-
CV-23875 and to pay for the cost of the legal services out of account No. 001-1500-514-3410
titled "legal services-litigation".
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Manager is authorized to execute an agreement with Damian H.
Albert, Esq. and Johnson, Anselmo, Murdoch, Burke, Piper & Hochman P A to represent
the City of South Miami in the case of Michael Weissberg v. City of South Miami, Case No 13-
CV-23875 and to fund the cost by charging account No. 001-1500-514-3410 titled 'legal
services-litigation". A copy of the agreement is attached to this resolution
Section 3. This resolution shall take effect immediately upon adoption by vote of the
City Commission.
PASSED AND ADOPTED this ~ day of February ,2014.
ATTEST: APPROVED:
~Jfi CI CLERK-~ MJ~
MAYOR
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Additions shown by underlining and deletions shown by overstriking.
Res. No. 24-14-14118
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Welsh: Yea
Commissioner Liebman: Yea
Commissioner Edmond: Yea
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RETAINER AGREEMENT
The City of South Miami (hereinafter referred to as "Client" or "you") hereby retains
and employs JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A.,
together with its attorneys, professionals, and staff members (the "Firm") to provide legal
services on its behalf in connection with civil proceedings related to the claims of
MICHAEL WEISSBERG in Case No. 13-CV-23875 on the following terms:
1. FEES: The Firm will be employed on an hourly basis. No maximum fee has
been quoted, and no guarantee of results on any specific matter has been or will be made.
All of the Firm's expressions relative to its representation are only opinions. Our fee is
based on the amount of time we devote to any given matter. It is impossible to determine in
advance how much time will be needed. The amount of time spent on any matter will
reflect all services provided by our attorneys and paralegals, including, without limitation,
conferences, telephone calls, pretrial discovery, depositions, trial preparation, document
drafting, correspondence, pleadings, negotiations, analysis, legal research, court time, and
travel to and from locations away from our offices. Any figures we quote to you for the total
charge for our services are merely estimates. Your adversaries, the opposing attorneys, or
others, may engage in activities beyond our control that require time that was not originally
contemp lated.
2. RATES: You will be billed for the actual time expended on matters at the
rate of $195.00 per hour for attorneys of the Firm, and $125.00 per hour for the Firm's
paralegals. This rate schedule may be adjusted from time to time and, if adjusted, will
affect the hourly rates of the attorneys and paralegals working on this matter.
3. RETAINERS: From time to time during the course of the litigation, we may
request additional retainers to be placed into our trust account to be billed against. Such
additional retainers shall be paid by you within 30 days of such request, or the Firm, at its
option, may withdraw from this matter and apply any remaining retainer amount to any
unpaid fees and costs. If the amount held by the Firm as a retainer exceeds the amount of the
final bill, the difference will be refunded to you. After the initial retainer is applied to pay the
Firm's fees and costs as they accrue, full payment of each monthly bill is due and payable
from new cash resources within 30 days of the date the bill is issued.
4. COSTS: We may advance costs on your behalf in such amounts as we
detennine are necessary to represent you. Such advances of costs will be for expenses,
including, without limitation, long-distance telephone calls, telegrams, fax transmissions,
postage, photocopies, computerized research, out-of-town travel expenses (including all
meals, travel, and out-of-town lodging), deposition expenses (including costs of transcripts
and court reporters' fees for attendance), court costs (such as filing fees, service of process,
Retainer Agreement
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subpoena costs, witness fees, etc.), fees for accountants, appraisers, general contractors,
subcontractors, investigators, economists, other attorneys, and other experts and
professionals that we deem necessary to assist in the preparation and handling of this matter.
You are responsible for paying all costs incurred on your behalf, including, without
limitation, the fees of any experts or professionals hired on your behalf. By this Agreement
you appoint us as your agent to hire such experts and professionals on your behalf.
5. BILLS: The Client will be billed on a monthly basis for the fees and costs
incurred in this matter. Unless the bill indicates that a portion of a retainer has b~en
applied to satisfy the fees and costs incurred, full payment of each monthly bill is due
within 30 days of the date it is issued.
6. DISPUTES: In the event it is necessary to institute legal proceedings to
collect the Firm's fees and costs or to otherwise litigate issues arising under this Retainer
Agreement, the Firm will be entitled to collect its reasonable attorneys' fees and costs from
the Client, even if the Finn chooses to represent itself, This Retainer Agreement shall be
governed by the laws of the State of Florida. The Client and the Firm do hereby agree and
consent that the courts situated in Miami-Dade County, Florida, shall have exclusive
jurisdiction to adjudicate any claim, dispute, or controversy of any nature and of any kind
arising under, pertaining to, or in any way relating to this Retainer Agreement, including,
without limitation, all issues concerning conditions, formation, prior negotiations,
perfonnance, validity, and enforceability. This mandatory exclusive jurisdiction provision
also applies to all potential disputes involving or relating to any service provider relied upon
or retained under section 4 of this Agreement. The Client expressly consents to the
jurisdiction of the appropriate state court situated in Miami-Dade County, Florida, forsaking
and waiving all other venues and jurisdictions.
7. Notwithstanding anything contained herein to the contrary, the hourly rates
shall not be adjusted and no costs in excess of $100 shall be incurred without prior
written consent of the City Manager.
DATED this I f~ day of February, 2014.
Th~mni _
BY:~-·
Steven Alexander
as City Manager
Retainer Agreement
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