Res No 072-18-15105RESOLUTION NO._°I2-1_8^1_51J)5
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida,to hire an attorney with expertise in Florida election laws to provide outside
legal counsel concerning a questionnaire or poll asto the voters'interest in a
Charter amendment.
WHEREAS,the Florida election law prohibits theuse of public funds to promote a
candidate or issue that will be placed onan election ballot;and
WHEREAS,a majority of the members of theCity Commission would liketopollthe
voters tosee if there is interest in changing the voting requirements of theCity Charter to allow
forless restrictive land useand development regulation;and
WHEREAS,the City Commission desires tohirean expert inthe area of the Florida
election laws that concern the polling of voters.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,THAT:
Section 1.TheCity Attorney is instructed tohirean attorney ("outside counsel"),
whoisan expert in Florida election law,to provide legal advice totheCity with regard tothe
polling ofvoters concerning their interest in changing the voting requirements oftheCity Charter
to allow forless restrictive landuseand development regulation.The outside counsel shall work
through the City Attorney whoshall oversee the work of outside counsel.
Section 2.The hourly rate shallnot exceed $300 per hour.
Section 3.Severability.If any section clause,sentence,or phrase of this resolution isfor
any reason held invalid or unconstitutional bya court of competent jurisdiction,the holding shall
not affect the validity of the remaining portions of this resolution.
Section 4.Effective Date.This resolution shall become effective immediately upon
adoption.
PASSEDANDADOPTED this 3J^_day of April 2018.
LTTEST:APPROVED
READ AND/AP
LANGUAGE
n
O FORM,
EXECUTION
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Welsh
Commissioner Liebman:Yea
Commissioner Gil:Yea
5-0
Yea
Yea
Yea
AGREEMENT FOR LEGAL SERVICES AND REPRESENTATION
TheCity of SouthMiami,byandthroughitsCity Attorney,Thomas Pepe (hereinafter
"Client")hereby retainsand employs MarkHerron of MesserCaparello,P.A.,Post Office Box
15579,Tallahassee,FL 32317 (hereinafter "attorney"),to provide advice and counsel concerning
issues regarding potential placement of acharter amendment atafuture city election.
1.INITIAL PAYMENTS;
Client acknowledges thatinorderfor Attorney to commence representation inthis matter that
Client shallpaytothe Attorney:
•A non-refundable retainer in the amount of $-0-;and
•An advanced feedeposit of $-0-asanadvancefee payment tobe applied againstlegal
fees incurred and costs incurred on behalf of client.Attorney reserves therightto request
that such payment be replenished from time to time as Client is billed forfeesearnedand
costs incurred on behalf of client.Upon conclusion of the representation,any unearned
feesand costs deposit will bereturnedtoClient.
2.COST ADVANCES:
The attorney shall have the authority to make costadvancesonthe client's behalf insuch
amounts as attorney shall determine best torepresentthe client,which advances shallbefor
expenses,including,butnot limited to,long-distance telephone calls,postage,photocopying
(Xerox),telecopying,word processing,out-of-town travel expenses (including all meals and
lodging while out-of-town),deposition expenses (includingcost of transcriptandcourt reporter's
feeforattendance),courtcosts(suchasfilingfees)andfeesand expenses of otherexperts which
are deemed necessary toassistinthepreparationandtrialortheproperhandling of thecaseorthe
matter for which theattorneyis being retained.
3.PERIODIC BILLING.LEGAL FEES:
Legalfeesandcostpayableunderthis Agreement shallnot exceed $3,000.00.
Theattorneywill compute monthly billingsforcostadvancesandforlegalfeesbaseduponan
hourlycharge of $300.00perhour.Thehourlyrateshallincludetimespentonthetelephone,in
negotiationforlegalresearch,fortraveltoandfromlocationsawayfrom attorney's office,for
courtoradministrativeappearances,andondrafting of allnecessarypapers,letters,and
documents.
Theattorneyreservestherighttoannually review andadjustthe hourly ratessetforthhereinto
reflectchanges,if any,intheattorneys'standard hourlyrate.Theclientwillreceivepriornotice
of any adjustments.
Attorney's billswillberendered monthly.Interestwillbechargedandaddedtothebalance of
youraccount commencing andtotheextentthatsameremainsunpaid30daysaftertherendering
of periodicbillingforsaidamount.Interest willbe charged attherate of 12%perannum.
Interestshall commence running30daysafterthestatement of accountisrenderedbythe
attorney to the client.
Inthe event itis necessary toinstitutesuitforthecollection of feesandadvancesduetothe
attorneybytheclient,theclientwillpay,inadditiontoany judgment forsuchfeesandadvances,
allcostsandexpensesnecessitatedthereby,including reasonable attorney'sfeesforsuit.
Theprovisions of thisagreementattheattorney's discretion maybedisclosedtotheCourtin
connectionwithanyapplicationbyattorneyforfeesforservicesthatmayberenderedonthe
client's behalf,andtheattorneyhastherighttoadvisetheCourt of anyamountsthathavebeen
received on account of fees.
4.ATTORNEY'S FEES FROM ADVERSE PARTY:
Undercertain circumstances,the client may beentitledto attorney's feesfromtheadverseparty.
Becausefeesandcostsawardsaretotallyunpredictable,itis expressly acknowledged thatitisthe
client's responsibility topayall of theattorney'sfee.Amounts collectedfromtheadverseparty
will becreditedtoyouraccount.TheCourtaward of fees,if any,doesnotsetor limit the
attorney's feeinanyway.The collection of feesfromtheadversepartyisanadditionalservice
onthe client's behalf,andthe client is expected topaytheattorneyafurtherfeeonthesamebasis
asissetforthinthe Agreement for performing such service.
5.TERMINATION OF REPRESENTATION:
The attorney shall have therightto withdraw fromthecase if the client does not make payments
required inthis agreement,if the client has misrepresented orfailedto discuss material facts with
the attorney,or if the client failsto follow the attorney's advice.If any of these events shall
occur,the client shall execute such necessary documents as will permit the attorney to withdraw.
The attorney shall have alienonall documents,property,or money inthe attorney's possession
forthe payment of all sums duetothe attorney fromthe client under the terms of this Agreement.
6.REPRESENTATIONS:
The client acknowledges thatthe attorney has made noguaranteesinthe disposition of anyphase
of the matter or matters for which the attorney hasbeenretained,andall expressions relative toit
are only the opinions of the attorney.
The provisions of thisretainer agreement shallapplytothe matter referenced aboveandtosuch
further matters,asthe attorney shall handle forthe client from time to time,unless other
arrangements are made in writing between expenses andusforfees.
I have readthe foregoing andI understand andacceptitstermsandconditions:
/VL-Mark zxsz^^#pT'Herron
CLIENT ATTORNEY
April 4,2018
Date Date