23To:
From:
Date:
SUBJECT:
BACKGROUND:
AMOUNT:
ACCOUNT No.:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
2001
The Honorable Mayor & Members of the;....::-pission
"octo, M;,iliU,. Ph.D" C;,y """"" !J L. _ L
December 6, 20 I I Agenda Item No.:.d _3
A Resolution relating to proposed annexation; authorizing the City Manager to
execute a letter agreement with the law firm Genovese Joblove & Battista, P.A
to represent the city for the proposed annexation application of properties
currently residing in unincorporated Miami-Dade County. The expenditure
amount is not to exceed $45,000 will be expensed to account No. 001-1310-
513-3450.
The City of South Miami would like to retain the law firm of Genovese Joblove
& Battista, P.A to represent the city in the annexation process. It is essential
that the city engages a firm that can advise and provide legal services as to the
best way to undertake the proposed annexation project. A copy of the letter
of engagement is attached and made part by reference.
Not to exceed $ 45,000.
City Manager's Office -Contractual Services 001-1310-513-3450
DOCUMENTATION: Copy of Letter Agreement from Genovese Joblove & Battista, P.A Law firm.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
~7
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
RESOLUTION NO. ______ _
A Resolution relating to proposed annexation; authorizing the City Manager to
execute a letter agreement with the law firm Genovese Joblove & Battista, P.A.
to represent the city for the proposed annexation application of land in
unincorporated Miami-Dade County. The expenditures not to exceed $4S,000
associated with this project will be charged to account No. 001-1310-513-3450.
WHEREAS, the city of South Miami would like to retain the law firm of Genovese Joblove &
Battista, P.A. to represent the city in the possible annexation process; and
WHEREAS, it is essential that the city engages a firm that can advise and provide legal
services as to the best way to undertake the proposed annexation project with positive end
results; and
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA;
Section 1. The Mayor and City Commission desire to retain the law affirm of Genovese
Joblove & Battista, P.A. to represent the city in the annexation process. It is essential that the city
engages a firm that can advise and proVide legal services as to the best way to undertake the
proposed annexation project. The expenditures not to exceed $45,000 associated with this
project will be charged to account No. 001-1310-513-3450. A copy of the letter of engagement is
attached and made part by reference.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this __ day of ___ -', 2011
ATIEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
43 CITY ATIORNEY
. GENOVESE
JOBLOVE&
BATTISTA
PA
Attorneys at Law
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Att: Mr. Hector Mirabile, ph.D,
City Manager
HE: Annexation
Dear Mr. Mirabile:
October 20, 2011
Alfredo L. Gonzalez, Esq.
Telephone: (305)349-2324
Email: Ago!17.alez@gjb-law.com
We are pleased that you have decided to retain GENOVESE JOBLOVE & BATTISTA,
P .A. (the "Firm") to represent you in regard to your proposed Annexation application of land in
unincorporated Miami-Dade County. Consistent with the rules of professional responsibility
which govern all attorneys, it is our Firm's practice to advise clients in writing of the terms and·
conditions under which we undertake a representation.
Based upon our discussions, we have a general understanding of the issues and general
strategy that you would like to pursue in connection therewith. We will work with you to
develop such strategy, including the review of documents and meetings with the respective
parties involved and others, if and when necessary.
I will have primary responsibility for this matter, and will use other attorneys and legal
assistants in our Firm in the best exercise of his professional judgment. Our Film will provide
legal services to you and bill for those services and requisite out-of-pocket expenses on a
monthly basis in accordance with the provisions set forth herein and in our Standard Terms and
Conditions, which are annexed to and made a part of this letter agreement. Partoers' hourly rates
range :frorn $325 to $525, Associates' hourly rates range from $210 to $310, and the current
hourly rate for our paralegal, Alia Fuentes-Alfonso, is$135.00 My hourly rate is $420.00 per
hour. My partner Simon Ferro and Richard Sarafan will bill at $420.00 per hour.
We will require a retainer in the amount of $1 0,000.00 which will be applied to fees and
costs. The purpose· of requiring this retainer is to pay for the services incurred and analysis of
strategies to be pursued in connection· with efforts andlor for the preparation of any documents or
pleadings or attendance at hearings on your behalf in this matter. We believe an initial budget
for the work is $45,000.00 (Budget). The retainer is not an estimate of the fees that may be
Bank of America Tower. 100 Southeast Sffcond Street, 44th Floor· Miami, Florida 33131 • Telephone: 305.349.2300 • Facsimile: 305.349.2310
City of South Miami
October 20, 2011
Page20f5
incurred, which could be either substantially more depending upon the circumstances of the case.
The Budget is only lin estimate of fees and may be exceeded depending on the complexity of the
case. We will bill you monthly, and draw against this retainer at our discretion. To the extent
that our fees and costs exceed the retainer or Budget, you will be responsible for payment of
those fees and costs when billed. If at the conclusion of our services, our fees and costs are less
than any remaining unapplied retainer, you will be refunded the difference.
We want to assure you that we will endeavor to serve you effectively and strive to .
represent your interests vigorously and efficiently. To advance these goals, you agree to disclose
fully and accurately all pertinent facts and keep ns apprised of all developments in this matter.
You further agree otherwise to cooperate fully with us and to be available to attend such
meetings as are appropriate.
Please review this agreement carefully and if you have any questions concerning the
foregoing terms and conditions, do not hesitate to contact me. If this agreement is acceptable to
you, please acknowledge that you have reviewed it, understand it, and desire to retain this Firm ,
on the basis of the terms of this letter and attachment by signing and delivering to us the enclosed
copy. We recommend that you keep a copy of this letter and our Standard Terms in your file.
Sincerely,
THE ABOVE REPRESENTATION IS ACCEPTED
AND AGREED TO:
CITY OF SOUTH MIAMI, a municipal corporation
By: ______________________________ _
GENOVESE JOBWVE & BATTISTA, PA • 100 Southeast Second Street, 44th Floor. Miami, Florida 33131 • Telephone: 3OS.3492300 • Facsimile 305.349.2310 . . .
.'
City of South Miami
October 20, 2011
Page 3 of5
STANDARD TERMS AND CONDITIONS OF ENGAGEMENT
1. Fees: We take into acCount many factors in billing for services rendered. The
principal factor is our schedule of hourly rates, and most statements for services are the product
of the time worked (in units of tenths of an hour) multiplied by the hourly rates for the attorneys
and legal assistants who did the work. The client will be billed for all time spent on its behalf,
including without limitation conferences, telephone calls, drafting, research, and travel.
It is impossible to determine in advance how much time will be needed, since that
depends on many things beyond our control. Any fignres we give you for the cost of all or part
of our engagement are merely estimates.
Our schedule of hourly rates for attorneys and other members of the professional
staff is based on years of experience, specialization in training and practice, level of professional
attainment, and overhead costs. We reconsider our schedule of hourly rates annually, and may
revise them at that time. If we change our rates, the new rates will go into effect only upon
notice to the client. Upon request, we will provide a client with the rates of those professional
staff working on an engagement.
2. Costs: It is usually necessary for us to incur, as agent for our clients, expenses for
items such as filing fees, travel, lodging, meals, toll telephone calls, photocopying, facsimiles
("fax"), and courier services. Many engagements require substantial amounts of costly ancillary
services such as outside duplication services and computerized legal research. The client is
responsible for all costs incurred on the client's behalf. In order to allocate these expenses fairly
and to keep our hourly rates as low as possible 'for those matters which do not involve such
expenditures, these items are separately itemized on our statements as "costs advanced" or
"disbursements" .
Major out-of-pocket expenses, including outside fees and expenses (such as
printing costs, filing fees, etc.), will not be advanced by us unless special arrangements are made
in advance. They will be billed directly or forwarded to our client.
It is agreed that the Firm, at your cost and expense is authorized to engage the
services of all professionals necessary to complete the annexation including but not limited to:
surveyors, political consultants, pollsters, public relations, accountants, etc. All necessary
professionals shall be retained only after you have authorized their retention and cost of their
services.
3. Billing: Fees and expenses will be billed monthly. Payment is due within thirty
(30) days of presentation· of the statement, unless we agree otherwise in writing. In order to
minimize the likelihood of errors or miannderstandings, you agree to review each bill promptly
and to advise us immediately of any dispute they may have about it. If we have not received
actnal notice that you dispute a bill within thirty days after the date indicated at the top of the
bill, they will be deemed to have reviewed the bill and determined that it is completely correct
and incontestable.
4. Late Payments: We are confident that our clients make every effort to pay us
promptly. Occasionally, however, a client has difficulty in making timely payment.. To avoid
GENOVESE ]OBLOVE & BATI'ISTA, p.~ • 100 Southeast Second Street, 44th Floor. Miami, Florida 33131 • Telephone: 305.349.2300 • Facsimile 305.349.2310
City of South Miami
October 20, 2011
Page40f5
burdening those clients who pay their statements promptly with higher fees reflecting the added
costs we incur as a result of Clients who are delinquent, we reserve the right to impose an
interest/service charge of one percent per month for late payments. In no event will the service
charge be greater than permitted by applicable law.
5. Non-Payment of Fees and Costs: Failure to pay any statement rendered when
due will constitute a default. In the event of a default, you agree that in our discretion we may
immediately cease all legal services on your behalf or discontinue our representation (subject to
our ethical obligations and any other applicable provision oflaw).
In the unlikely event that we are required to institute legal proceedings to collect fees and
costs owed by the client, the prevailing party will be entitled to reimbursement of its reasonable·
attorneys' fees and other costs of collection.
6. Termination: The client has the right to terminate our representation by written
notice at any time. In that case, the Client is not relieved of the obligation to pay for all services
rendered and costs incurred on its behalf prior to receipt of such ·notice. We have the same right
to terminate our engagement, subject to an obligation to give the Client reasonable notice to
arrange alternative representation.
7. Applicable Law: The laws of the State of Florida will govern the interpretation
of this agreement, inCluding all rules or codes of ethics which apply to the provision of services by us. . .. .... ... .. ... . . .. .• . ..
8. Payment by Others: Sometimes another party to a transaction agrees to pay our
client's legal fees, or a court may order our Client's adversary to pay all or a part of its legal fees
and costs. However, in such case our client remains primarily liable for payment of all fees and
costs. Any amounts received from others will be credited to the Client's account.
9. Litigation: In the event we are the prev~ling party in legal proceedings over any
dispute between us which arises under or is in any way related to this agreement, including but
not limited to collection of funds owed us, we are entitled to costs and reasonable attorneys fees
for all of such proceedings, whether we represent ourselves or hire other attorneys to represent
us. Jurisdiction and venue for such lawsuit is exclusively proper in Miami-Dade County,
Florida, and you voluntarily submit to this state's jurisdiction for this matter. In the event
. collection efforts are initiated, the prevailing party will be entitled to recover its attorneys' fees
and costs.
GENOVESE JOBLOVE & BATTISTA; PA • 100 Southeallt Second Slreet, 44th Floor • Miam~ Florida 33131 • Telephone: 305.349.2300 • Facsimile 305.349.2310
City of South Miami
October 20, 2011
Page 5 of5
Beneficiary Bank:
ABA or Routing #:
Bank Address:
WIRING INSTRUCTIONS
US Century Bank
067015397·
100 SE 2 St., Ste. 130, Miami, Fl. 33131
Beneficiary Name: Genovese Joblove & Battista PA
IOTA Account-
Account 33026496
Beneficiary Address: 100 SE 2 St. 44th Floor, Miami, FL 33131
GENOVESE JOBWVE & BKITISTA, PA • 100 Southeast .Second Street 44th Floor' Miami, Florida 3.3131 • Telephone: 305.349.2300 • Facsimile 305.349.2310