Res No 128-23-16061RESOLUTION NO. 128-23-16061
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO THE 2022-
2023 BUDGET, AUTHORIZING A TRANSFER OF SS0,000
FROM THE CITY MANAGER'S CONTINGENCY
ACCOUNT TO THE CITY ATTORNEY'S LEGAL
SERVICES RETAINER ACCOUNT; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
WHEREAS, on September 21, 2022, the City of South Miami ( the "City") adopted
Ordinance No. 24-22-2445, approving the Adopted Budget for the Fiscal Year 2022-2023 (the
"Budget"); and
WHEREAS, a transfer of $50,000 is being requested out of the City Manager's
Contingency Account No. 001.1310.513.9920 to the City Attorney's Legal Seivices Retainer
Account No. 001.1500.514.3120; and
WHEREAS, the Budget was adopted based on a contract with the previous City Attorney,
which contract included a severance payment of$99,128; and
WHEREAS, the previous City Attorney's services were terminated as of December 31,
2022, and the current City Attorney was retained effective January 1, 2023; and
WHEREAS, the City Attorney Department is comprised of three (3) line items under the
Budget as follows: ( 1) "Legal Services Retainer" intended for payment of the City Attorney's
General Municipal Services on a flat fee basis, (2) "Outside or Other Professional Legal Expenses"
intended for payment of supporting legal services required by the former City Attorney under the
Budget but applied to Excluded Services by the cu1Tent City Attorney as set forth in the current
City Attorney's retainer agreement, and (3) "Non-Professional Legal Expenses" intended for
payment of administrative/clerical staff and expenses required by the former City Attorney under
Page 1 of3
Res. No. 128-23-1606 l
the Budget but included under the General Municipal Services flat fee by the current City Attorney;
and
WHEREAS, the tennination of the fonner City Attomey resulted in the City's payment
of the severance payment of$99,128 pursuant to his contract with the City, resulting in the Legal
Services Retainer line item exceeding the Budget by $56,089; and
WHEREAS, the line item for "Outside or Other Professional Legal Expenses,, is currently
over budget by $19,990, with Excluded Services by the current City Attorney including work
relating to Labor, City Hall Redevelopment, area-wide changes to the Land Development Code,
Annexation, litigation including resolution of the Stunnas Fit matter and the Parking Garage
condominium and taxation issues, and code enforcement cases involved in Administrative
Tribunals such as the Tien Property; and
WHEREAS, because the current City Attorney includes supporting administrative work
within its general services tlat tee retainer, the "Non-Professional Legal Expenses,, line item has
an approximate surplus of $32,871, which can be used to offset the overall appropriation of the
City Attorney Department; and
WHEREAS, in order to fund the remaining September invoices for Fiscal Year 2023, the
line item requires a transfer of $50,000; and
WHEREAS, the Mayor and City Commission desire to transfer funds in the amount of
$50,000 from the City Manager's Contingency Account No. 001.1310.513.9920, with a current
balance of $99,500, to the City Attorney's Legal Services Retainer Account No.
001.1500.514.3120; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
Page 2 of3
Res. No. [28 -23-1606 1
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Recitals Adopted. Th e foregoi ng recitals are hereby ratified and confirmed
as bein g tme and they are in corporated into this Reso lu tion by reference as if set forth in full herein.
Section 2. Authorization. The City Commission hereby authorizes the C ity Manager
to transfer funds in the amount of $50,000 from th e City Manager's Conti ngency Account No.
001.13 10.5 13.9920, with a current balance of $99,500, to the City Attorney's Legal Services
Retainer Accou nt No. 00 1.1500.5 14.3 120 under the Budget for the Fiscal Year 2022-2 023.
Section 3. Implementation . The City Manager is hereby authorized to take any and
a l I actions ne cessary to implement the purposes of th is Resolution.
Section 4. C orrections. Confo1mi ng language or technical scrivener-type corrections
may be ma de by th e City Atto rney for any conforming a m en dments to b e incorporated into th e
fi na l Resolu tion fo r s ignatu re.
Section 5. Effective Date. T hi s Resol ution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 3rd day of October, 2023.
ATTEST:
k~ CITY CLE~
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
' ..
CITY ATTORNEY
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bon.ich:
Commissioner Call e :
Commissioner Liebman:
5-0
Yea
Yea
Yea
Yea
Comm issioner Corey: Yea
Page3of3
Agenda Item No:7.
City Commission Agenda Item Report
Meeting Date: October 3, 2023
Submitted by: Jaclyn Cuesta
Submitting Department: Finance Department
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO THE FISCAL YEAR 2022-2023 BUDGET, AUTHORIZING A
TRANSFER OF $50,000 FROM THE CITY MANAGER’S CONTINGENCY ACCOUNT TO THE CITY
ATTORNEY’S LEGAL SERVICES RETAINER ACCOUNT; PROVIDING FOR IMPLEMENTATION,
CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-FINANCE DEPT.)
Suggested Action:
Attachments:
Memo-Budget_Transfer_FY23-City_Attorneys.docx
47D5110-Resolution_-_Budget_Transfer_FY_2023_City_Attorney_CA_v2.docx
Res No 176-22-15929 Weiss Serota.pdf
Weiss Serota FY 23 Payments To-Date (9-28-23).pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM: Genaro “Chip” Iglesias, City Manager
DATE: October 3, 2023
SUBJECT: Budget Transfer from City Manager’s Contingency Account to the City Attorney’s
Legal Services Retainer Account to maintain a positive ending balance for the
City Attorney’s Department after all remaining invoices for FY 23 have been
processed
RECOMMENDATION:Staff recommends approving a budget transfer of $50,000 from the City
Manager’s Contingencyaccount, with a current balance of $99,500to fund
the overage created by the 4-month severance paid to the previous City
Attorney as well as billing from Weiss Serota (the Firm) for excluded
services, which includes litigation, labor, and special projects.
BACKGROUND:The City Attorney Department, which is comprised of three (3) line items,
requires a transfer of $50,000 to fund the department and process the
remaining September invoices for FY 23. Reflected below is the Adopted
FY 23 budget for the City Attorney Department:
The budgetary line itemforLegal Services Retaineris used to pay the Firm’s
General Municipal Services. This line items exceeds the FY 23 budget by
$56,089. This includes the 4-month severance of $99,128 that was paid to
the former City Attorney per his contract with the City of South Miami.
2
THE CITY OF PLEASANT LIVING
CITY ATTOR N EY BUDGET FY 2022-2023
001-1500-514
ACTUAL ACTUAL BUDG ET EST IMATE ADOPTED
ACCT NO ACCOU NT CLASSIFICATIO N FY 19/20 FY 20/21 FY 21/22 FY 21/22 FY 22/23
0011500 5143120 LEGAL SERVICES - RETA INER 276,580 282 ,310 28 4,851 284,851 29 7,385
0011 500 5143410 OUTSIDE PROFESS . LEGAL SRVCS 49 ,664 16,543 35,000 35 ,000 60,000
0011500 5144065 NON -PROF ESSIONAL LEGAL EXPENSES 12,208 21 ,264 65,000 65 ,000 40,000
TO TAL OP ERATIN G EXPEN SES 338,452 3 20 ,117 384,85 1 384,851 397,3 85
TO TAL LEGA L SERV ICE S 338,452 3 20 ,117 384,85 1 384,851 397,3 85
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
In addition, the accountfor “Outside or OtherProfessional Legal Expenses”
which is used to pay for the Firm’s “Excluded Services,“ is currently over
budget by $19,990. Excluded Services includes work relating to work
relating to Labor, City Hall Redevelopment, area-wide changes to the Land
Development Code, Annexation, litigation including resolution of the
Stunnas Fit matter and the Parking Garage condominium and taxation
issues, and code enforcement cases involved in Administrative Tribunals
such as the Tien Property. The Weiss Serota Billing Detail is attached for
FY 23 as of September 28, 2023.
Additional Services is defined in their agreement and provided below for
your review:
Additional services, including without limitation labor and
employment representation, litigation, eminent domain,
specialized services, costs for any legal fees paid or recoverable
from third parties (including development projects or applications
subject to cost recovery), Requests for Proposals or Qualifications
for real estate or construction not covered as general services or
infrastructure, bond work, or Special Projects as further described
herein (collectively "Excluded Services,”shall be billed onan hourly
basis. Litigation includes adversarial proceedings before
administrative tribunals, courts, mediators, arbitrators, and
appellate tribunals. Special Projects include non-recurring,
unanticipated major projects (e.g., rewrite of land development
regulations, Evaluation and Appraisal Report and related
Comprehensive Plan amendments, general obligation bonds) not
already identified in the City's current adopted budget for the
2022-2023 Fiscal Year.
Because the current City Attorney includes supporting administrative work
within its general services flat fee retainer, the Non-Professional Legal
Expenses line item has an approximate surplus of $32,871, which helps in
balancing the overall appropriation of the department.
Pursuant to the City's Charter, expenditures may not legally exceed
appropriations at the departmental level. The department level is the legal
level of budgetary control. Accordingly, funded expenditures from one line
item within the same department can be applied against other line items
within the same department.
3
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
FUNDING:Transfer $50,000 from City Manager’s Contingency Account,
001.1310.513.9920, with a current balance of $99,500; to City Attorney’s
Legal Services Retainer Account, 001.1500.514.3120 for $50,000.
ATTACHMENTS:PROPOSED Resolution
Resolution 176-22-15929
Weiss Serota FY 2023 Billing Detail
4
THE CITY OF PLEASANT LIVING
9
RESOLUTION NO: 176-22-15929
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, approving the law firm of Weiss Se rota Heitman Cole & Bierman, P .L., as
City Attorney, and appointing Tony Recio and Lilian Arango as the City Attorneys;
authorizing the Mayor to execute an agreement for legal services; providing for
severability; providing for an effective date.
WHEREAS, Section 7 of the City of South Miami (the "City") Charter provides that the City
Commission shall appoint the City Attorney to serve as the legal advisor for the City; and
WHEREAS, the City Attorney position is open and is in need of filling on a permanent
basis; and
WHEREAS, pursuant to Section S.H of the Charter, contracts for legal services approved
by the City Commission are not subject to competitive bidding procedures; and
WHEREAS, Tony Recio and Lilian Arango meet the criteria established in Section 7 of the
Charter for appointment as lead City Attorneys, and the law firm of Weiss Serota Heitman Cole
& Bierman, P.L., is well qualified, can provide diverse and specialized legal services, and has a
distinguished track record of serving municipalities in South Florida as their counsel; and
WHEREAS, the Commission finds it in the City's best interest to approve the law firm of
Weiss Serota Helfman Cole & Bierman, P.L. for rendering of legal services to the City, and to
appoint Tony Recio and Lilian Arango as lead City Attorneys.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA THAT:
Section 1. Recitals. The foregoing recitals are true and correct, and are adopted as if fully
set forth in the body of this Resolution.
Section 2. Appointment. The Mayor and City Commission approve the law firm of Weiss
Serota Helfman Cole & Bierman, P.L. for rendering of legal services to the City, and appoint Tony
Recio and Lilian Arango as lead City Attorneys.
Section 3. Contract for Legal Services. The Mayor is authorized to enter into, on behalf
of the City, the agreement for legal services with Weiss Serota Helfman Cole & Bierman, P.L., for
services as City Attorney, attached as Exhibit "A."
Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Page 1 of 2
10
Res. No. 176-22-15929
Section 5. Effective Date. This reso lution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 20 t h day of December, 2022.
ATTEST:
READ AND APPROVED AS TO FORM,
Page 2 of 2
APPROVED:
COMMISSION VOTE:
Mayor Fernandez:
Vice Mayor Bonich:
Commissioner Calle:
5-0
Yea
Yea
Yea
Commissioner Corey : Yea
Commissioner Liebman : Yea
11
City Commission Agenda Item Report
Meeting Date: December 20, 2022
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Resolution
Agenda Section :
Subject:
Agenda Item No:9.
A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving the law firm of
Weiss Serota Heitman Cole & Bierman, P.L., as City Attorney, and appointing Tony Recio and Lilian Arango as
the City Attorneys; authorizing the Mayor to execute an agreement for legal services; providing for severability;
providing for an effective date. 3/5 (Mayor Fernandez)
Suggested Action:
Attachments:
Resolution Appointing WSH as City Attorney -rev .docx
South Miami Retainer 12-13-22v.pdf
12
>.~<W SS SEROTA ~ HELFMAN COLE + BIERMAN
VIA E-Mail: jfernandez@southmiamifl.gov
Honorable Mayor Javier Fernandez
& Commissioners
City of South Miami
6130 Sunset Drive
Sou t h Miami, Florida 33143
Re: Retainer Agreement for Legal Services
Dear Mayor Fernandez:
Decembe r 21, 2022
TON Y RECIO . PARTN ER
trecio@wsh-law.com
We are pleased that the City of South Miami (the "City") w ishes to engage our Firm to perform
legal services as the City Attorney. Our Firm is the preeminent full-service municipa l law firm in
Florida dedicated to serving as the "one-stop shop" for municipalities seeking the services of a law firm
that has the expertise to handle virtually all of the legal issues faced by municipalities .
This letter is intended t o set forth our underst a ndi ng as to the nature and scope of t he legal
se rvi ces we will provide for the City, the amount of our fees for those services, the manner in which our
fees for those services shall b e deter mi ned and th e te rms upo n which you will m ake payment.
1. Nature of Legal Services. You have engaged our Firm to serve as the City Attorney. We
will provide all legal services to the City customarily performed by city attorneys and as required by the
City Charter and direc ted by the City Commission an d administration. Our services will include the
following:
a) Attendance at regu lar, special. and emergen cy meetings of the City Commission, the
Environmental Review & Preservation Boa r d (the "ERPB "), and the Planning Board;
b) Legal coun sel consis tent with role of Ci ty Attorney for the Mayor and Ci ty Commission, City
Manager, City Cle rk , the ERPB , the Pla nning Bo ard, a nd the h eads of all City departments upon
request (including telephone ca ll s, ema ils , tele co n fer ences, a nd video conferences);
c) Preparation, revi ew fo r legal sufficiency, a n d/or re vi ew of all or dinan ces, resolution s, co ntract s
for general servi ces or infrastructure , and other written instruments;
d) Pr eparation of legal op ini on s on matt er s affecting t he City when directed by the City
Comm ission or the City Manager;
e) Attendance at City Manager staff meetings upon request ; a nd
f) Performance of all duties requ ir ed of the City Attorney pursuant to the City Charter and City
Code
(collect ively, "Gener al Municipal Services").
2800 PO C E DE LEON BOU L EVAR D. 12 th F L OO R. CO RAL GABLES. F LOR IDA 33 134
13
Honorable Mayor Javier Fernandez
& Commissioners
City of South Miami
December 21, 2022
Page2
Additional services, including without limitation labor and employment representation,
litigation, eminent domain, specialized services, costs for any legal fees paid or recoverable from third
parties (including development projects or applications subject to cost recovery), Requests for Proposals
or Qualifications for real estate or construction not covered as general services or infrastructure, bond
work, or Special Projects as further described herein (collectively "Excluded Services"), shall be billed on
an hourly basis. Litigation includes adversarial proceedings before administrative tribunals, courts,
mediators, arbitrators, and appellate tribunals . Special Projects include non-recurring, unanticipated
major projects (e.g . rewrite of land development regulations, Evaluation and Appraisal Report and
related Comprehensive Plan amendments, general obligation bonds) not already identified in the City's
current adopted budget for the 2022-2023 Fiscal Year .
2. Fees for Services. The Firm will provide General Municipal Services to the City at a fixed
or flat fee of $20,000 per month or $240,000 annually. The fixed or flat fee does not include Excluded
Services which may be performed by our firm and, with the exception of costs for any legal fees paid or
recoverable from third parties (including development projects or applications subject to cost recovery),
billed on an hourly basis, at a rate of $300 per hour for attorneys and $150 per hour for paralegals, or flat
rates mutually agreed upon as an excluded matter may arise. Legal fees paid or recoverable from third
parties (including development projects or applications subject to cost recovery) will be billed for
payment by third parties at adjusted market rates.
The flat fee rate includes a discount to enable absorption of your current City Attorney's
severance package. The City will not be charged for travel-related expenses to and from the City (e .g.
tolls, mileage) for providing General Municipal Services. The flat or fixed fee, and hourly rates for
Excluded Services, will be adjusted by a 3% increase annually. For Excluded Services, it is our practice
to charge for actual time expended on your behalf, but not less than 2/lOths of an hour for each activity.
3. ~-In addition to the fees discussed in paragraph 2, we anticipate that certain
expenses may be incurred and advanced on your behalf. These expenses may include recording costs,
out-of-town travel expenses, delivery charges, long distance telephone charges, photocopies (xerox),
special postage (express mail, certified mail and the like), computer research charges, court reporter
expenses (including cost of transcript and court reporter's fee for attendance), court costs (such as filing
fees, service of process, newspaper publication costs, subpoena costs, witness fees, recording fees, etc .),
accounting and appraisal fees, expert fees, trial/hearing exhibit costs, and investigation costs. In
addition to our fees for legal services, you agree to pay us for such out-of-pocket expenditures. We agree
to seek approval from the City prior to incurring expenses that exceed $500 in any calendar month.
4. Payment of Fees and Costs. Our invoices will be submitted to you on a monthly basis
and each invoice will be due and payable when rendered. You must understand that if any invoice
remains unpaid for more than 30 days after it is rendered, we reserve the right, in our discretion (subject
to court approval, if necessary), to cease to provide further legal services to the City. You will, however,
be liable to us for the payment of any fees earned and any costs incurred by us to that time, together
with any applicable taxes.
MIAMI I FT . LAUDERDALE I BOCA RATON I TAMPA I GAINESVILLE I WSH-LAW.COM
14
Honorable Mayor Javier Fernandez
& Commissioners
City of South Miami
December 21. 2022
Page 3
5. Representation of Other Clients. We are bound by rules of legal ethics not to represent
any client if the representation of that client will be directly adverse to the interests of another client
unless each such client consents to such representation after consultation. Should such a situation
arise, you will be immediately informed and a proposed manner to address the conflict will be provided
byus.
6. Withdrawal from Representation . The City at any time may choose to terminate this
retainer agreement with or without cause and shall only be liable for any fees and costs incurred to the
date of termination. We, likewise, reserve the right t o withdraw from representing the City if you have
misrepresented or failed to disclose material facts to us , or if we disagree about the course of action
which should be pursued.
7. Commencement of Representation. If the foregoing is agreeable to you, please
acknowledge your understanding and agreement by having the Acknowledgement and Agreement
section below executed . We stand ready and able to commence representation effective January 1, 2023 .
We appreciate your confidence in our Firm and we assure you that we will make every effort to
perform our services in a prompt and efficient manner and ensure a seamless transition from City
Attorney Thomas Pepe.
Thank you for your consideration of our Firm .
Very truly yours,
WEISS SEROT A HELFMAN COLE & BIERMAN, P .L.
__ __.. --Tony Recio
Lillian Arango
MIAMI I FT . LAUD ERD ALE I BOCA RATON I TAMPA I GA INESV ILLE I W SH-LAW.COM
15
Honorable Mayor Javier Fernandez
& Commissioners
City of South Miami
December 21, 2022
Page4
Acknowledgement and Agreement
Having been duly authorized by an affirmative vote of the City of South Miami Comm ission, the
undersigned has read this retainer agreement and on behalf of the City of South Miami, agrees to the
terms set forth herein.
AGREED AND ACCEPTED on t£Le..rv~~r 10 I 2022 .
CITY OF SOUTH MIAMI
TR /ms
MIAMI I FT . LAUDER DA L E I BOCA RA TON I TAM PA I GA INESV ILL E I W SH-LAW.COM
16
~~<WEI ~ HELFMAN
VIA E-Mail: jfernandez@southmiamifl.gov
Honorable Mayor Javier Fernandez
& Commissioners
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
S SEROTA
COLE + BIERMAN
December 13, 2022
TONY RECIO , PARTNER
trecio@wsh-law.com
Re: Retainer Agreement for Legal Services
Dear Mayor Fernandez:
We are pleased that the City of South Miami (the "City") wishes to engage our Firm to perform legal
services as the City Attorney. Our Firm is the preeminent full-service municipal law firm in Florida dedicated to
serving as the "one-stop shop " for municipalities seeking the services of a law firm that has the expertise to
handle virtually all of the legal issues faced by municipalities .
This letter is intended to set forth our understanding as to the nature and scope of the legal services
we will provide for the City , the amount of our fees for those services , the manner in which our fees for those
services shall be determined and the terms upon which you will make payment.
1. Nature of Legal Services . You have engaged our Firm to serve as the City Attorney. We will
provide all legal services to the City customarily performed by city attorneys and as required by the City Charter
and directed by the City Commission and administration . Our services will include the following:
a) Attendance at regular , special , and emergency meetings of the City Commission , the Environmental
Review & Preservation Board (the "ERPB "), and the Planning Board ;
b) Legal counsel consistent with role of City Attorney for the Mayor and City Commission, City Manager,
City Clerk , the ERPB , the Planning Board , and the heads of all City departments upon request
(including telephone calls, emails , teleconferences , and video conferences);
c) Preparation , review for legal sufficiency, and/or review of all ordinances , resolutions, contracts for
general services or infrastructure , and other written instruments ;
d) Preparation of legal opinions on matters affecting the City when directed by the City Commission or
the City Manager;
e) Attendance at City Manager staff meetings upon request; and
f) Performance of all duties required of the City Attorney pursuant to the City Charter and City Code
(collectively , "General Municipal Services").
Additional services , including without limitation labor and employment representation , litigation ,
eminent domain , specialized services , costs for any legal fees paid or recoverable from third parties (including
development projects or applications subject to cost recovery), Requests for Proposals or Qualifications for real
estate or construction not covered as general services or infrastructure, bond work , or Special Projects as
further described herein (collectively "Excluded Services"), shall be billed on an hourly basis. Litigation includes
adversarial proceedings before administrative tribunals , courts, mediators , arbitrators, and appellate tribunals .
Special Projects include non-recurring, unanticipated major projects (e .g. rewrite of land development
2800 PONCE DE LEON BOULEVARD, 12 th FLOOR, CORAL GABLES, FLOR IDA 33134
17
Honorable Mayor Javier Fernandez
& Commissioners
City of South Miami
Decembe r 13, 2022
Page 2
regulations , Evaluation and App raisal Report and related Comprehensive Plan amendments , general
obligation bonds) not already identified in the City's current adopted budget for the 2022-2023 Fiscal Year.
2 . Fees for Services . The Firm will provide General Municipal Services to the City at a fixed or
flat fee of $20 ,000 per month or $240 ,000 annually . The fixed or flat fee does not include Excluded Services
which may be performed by our firm and , with the exception of costs for any legal fees paid or recoverable from
third parties (including development projects or applications subject to cost recovery), billed on an hourly basis ,
at a rate of $300 per hour for attorneys and $150 per hour for paralegals , or flat rates mutually agreed upon as
an excluded matter may arise. Legal fees paid or recoverable from third parties (including development projects
or applications subject to cost recovery) will be billed for payment by third parties at adjusted market rates.
The flat fee rate includes a discount to enable absorption of your current City Attorney's severance
package . The City will not be charged for travel-related expenses to and from the City (e .g. tolls , mileage) for
providing General Municipal Services. Unless otherwise modified as part of an adopted budget, beginning with
the one-year anniversary of this retainer agreement , the flat or fixed fee, and hourly rates for Excluded Services ,
will be adjusted by up to a 5% increase annually. For Excluded Services , it is our practice to charge for actual
time expended on your behalf, but not less than 2/1 0ths of an hour for each activity .
3. Costs. In addition to the fees discussed in paragraph 2 , we anticipate that certain expenses
may be incurred and advanced on your behalf. These expenses may include recording costs , out-of-town
travel expenses, delivery charges , long distance telephone charges , photocopies (xerox), special postage
(express mail, certified mail and the like), computer research charges , court reporter expenses (including cost
of transcript and court reporter's fee for attendance), court costs (such as filing fees , service of process,
newspaper publication costs , subpoena costs, witness fees , recording fees , etc.), accounting and appraisal
fees , expert fees, trial/hearing exhibit costs , and investigation costs. In addition to our fees for legal services,
you agree to pay us for such out-of-pocket expenditures.
4. Payment of Fees and Costs . Our invoices will be submitted to you on a monthly basis and
each invoice will be due and payable when rendered. You must understand that if any invoice remains unpaid
for more than 30 days after it is rendered , we reserve the right , in our discretion (subject to court approval, if
necessary), to cease to provide further legal services to the City. You will , however, be liable to us for the
payment of any fees earned and any costs incurred by us to that time , together with any applicable taxes.
5. Representation of Other Clients. We are bound by rules of legal ethics not to represent any
client if the representation of that client will be directly adverse to the interests of another client unless each
such client consents to such representation after consultation . Should such a situation arise, you will be
immediately informed and a proposed manner to address the conflict will be provided by us.
6. Withdrawal from Representation. The City at any time may choose to terminate this retainer
agreement with or without cause and shall only be liable for anu fees and costs incurred to the date of
termination. We, likewise , reserve the right to withdraw from representing the City if you have misrepresented
or failed to disclose material facts to us , or if we disagree about the course of action which should be pursued .
7. Commencement of Representation. If the foregoing is agreeable to you, please acknowledge
your understanding and agreement by having the Acknowledgement and Agreement section below executed .
We stand ready and able to commence representation immediately or whatever date the City Commission
determines.
We appreciate your confidence in our Firm and we assure you that we will make every effort to perform
our services in a prompt and efficient manner and ensure a seamless transition from City Attorney Thomas
Pepe.
M IAM I I FT LAUDERDALE I BOCA RA TON I T AMPA I GA IN ESV ILLE I WS H -LAW.CO M
18
Honorable Mayor Javier Fernandez
& Commissioners
City of South Miami
December 13, 2022
Page 3
Thank you for your consideration of our Firm .
Very truly yours ,
WEISS SEROTA HELFMAN COLE & BIERMAN , P.L.
----~ecio
;;f~.
Lillian Arango
M IAM I I FT LAUDERDALE I BOCA RATON I TAMPA I GA IN ESV ILLE I WS H-LAW.COM
19
Honorable Mayor Javier Fernandez
& Commissioners
City of South Miami
Decembe r 13, 2022
Page 4
Acknowledgement and Agreement
Having been duly authorized by an affirmative vote of the City of South Miami Commission , the undersigned
has read this retainer agreement and on behalf of the City of South Miami , agrees to the terms set forth herein .
AGREED AND ACCEPTED on ______ , 2022.
CITY OF SOUTH MIAMI
By: ________________ _
Javier Fernandez
Mayor
M IAM I I FT LAUDERDALE I BOCA RA TON I T AMPA I GA IN ESV ILLE I WS H-LAW.COM
WEISS SEROTA BILLING FOR FY23
FIRM RETAINER
Date Invoice#Amount For
2/28/2023 266366 20,000.00 January Retainer
3/17/2023 266844 20,000.00 February Retainer
4/21/2023 268299 20,000.00 March Retainer
5/24/2023 269430 20,000.00 April Retainer
6/29/2023 271174 20,000.00 May Retainer
7/27/2023 272378 20,000.00 June Retainer
8/29/2023 273756 20,000.00 July Retainer
9/15/2023 274617 20,000.00 August Retainer
Anticipated Invoice N/A 20,000.00 September Retainer
TOTAL FIRM RETAINER 180,000.00
EXCLUDED SERVICES
Date Invoice#Amount For
6/29/2023 271177 660.00 005-Labor
7/27/2023 272384 420.00 005-Labor
8/29/2023 273762 900.00 005-Labor
1,980.00 005-Labor
9/15/2023 273763 2,490.00 006-1 Tien, Ming
2/28/2023 266116 1,080.00 006-Litigation/McCormick
4/21/2023 268302 270.00 006-Litigation/McCormick
6/29/2023 271178 7,294.31 006-Litigation/McCormick
7/27/2023 272385 750.00 006-Litigation/McCormick
3/17/2023 266852 240.00 006-Litigation/Rodriguez
5/24/2023 269434 660.00 006-Litigation/US Bank v Martinez
12,784.31 006-Litigation
2/28/2023 266117 2,010.00 007-Mark Richman/Zoning Parking Garage
3/17/2023 266854 4,680.00 007-Mark Richman/Zoning Parking Garage
4/21/2023 268303 5,000.00 007-Mark Richman/Zoning Parking Garage
5/24/2023 269435 630.00 007-Mark Richman/Zoning Parking Garage
6/29/2023 271179 2,550.00 007-Mark Richman/Zoning Parking Garage
7/27/2023 272386 5,760.00 007-Mark Richman/Zoning Parking Garage
8/29/2023 273764 3,799.25 007-Mark Richman/Zoning Parking Garage
24,429.25 007-Mark Richman/Zoning Parking Garage
2/28/2023 266118 5,220.00 008-Stunnas Fit LLC
3/17/2023 266856 2,730.00 008-Stunnas Fit LLC
4/21/2023 268304 3,795.00 008-Stunnas Fit LLC
5/24/2023 269436 1,200.00 008-Stunnas Fit LLC
6/29/2023 271180 5,546.00 008-Stunnas Fit LLC
7/27/2023 272387 3,770.00 008-Stunnas Fit LLC
8/29/2023 273765 660.00 008-Stunnas Fit LLC
22,921.00 008-Stunnas Fit LLC
3/17/2023 266857 1,080.00 009-City Hall Redevelopment
4/21/2023 268305 3,185.00 009-City Hall Redevelopment
5/24/2023 269437 480.00 009-City Hall Redevelopment
6/29/2023 271181 1,830.00 009-City Hall Redevelopment
7/27/2023 272388 1,290.00 009-City Hall Redevelopment
8/29/2023 273766 930.00 009-City Hall Redevelopment
8,795.00 009-City Hall Redevelopment
6/29/2023 271182 1,260.00 010-Zoning District Changes
7/27/2023 272389 840.00 010-Zoning District Changes
8/29/2023 273767 1,410.00 010-Zoning District Changes
3,510.00 010-Zoning District Changes
8/29/2023 273768 60.00 011-Annexation
60.00 011-Annexation
TOTAL EXCLUDED SERVICES 74,479.56
NON-PROFESSIONAL EXPENSES
Date Invoice#Amount For
8/29/2023 273756 1,321.07 Disbursements/Title Searches
9/15/2023 274617 115.00 Disbursements/Title Searches
TOTAL NON-PROFESSIONAL EXPENSES 1,436.07
20