95-21563 RESO
RESOLUTION NO. 95-21563
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND THE CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH AND THE MIAMI BEACH
HOUSING AUTHORITY.
WHEREAS, the Housing Authority requires legal representation
from time to time; and
WHEREAS, pursuant to Section 421.05, Florida Statutes, the
Housing Authority has the choice of retaining the services of
either the City Attorney's office of the City or of a private
lawyer to represent the Housing Authority in legal matters; and
WHEREAS, the Housing Authority has requested that the City
Attorney's Office act as legal counsel to the Housing Authority;
and
WHEREAS, the cost of legal services performed on behalf of the
Housing Authority will decrease if the Housing Authority retains
the City Attorney's Office instead of a private lawyer, thus,
saving money for taxpayers.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Clerk are authorized to execute the attached interlocal
aggreement between the City of Miami Beach and the Miami Beach
Housing Authority.
PASSED and ADOPTED this 19th day of April, 1995.
ATTEST:
(signed) Richard E. Brown
City Clerk
(signed) Seymour Gelber
Mayor
CITY OF MIAMI BEACH
LEGAL SUB-COMMITTEE
TO:
MAYOR SEYMOUR GELBER
COMMISSIONER NEISEN KASDIN
COMMISSIONER DAVID PEARLSON
COMMISSIONER MARTIN SHAPIRO
FROM:
LAURENCE FEINGOLD
CITY ATTORNEY
DATE:
APRIL 7, 1995
RE:
MIAMI BEACH HOUSING AUTHORITY UTILIZATION OF CITY ATTORNEY
----------------------------------------------------------------------------------------------------------------------
In the past, the City of Miami Beach Housing Authority has either utilized outside
private counselor hired their own in-house staff. Under Florida Statute 421.05 the Miami
Beach Housing Authority may utilize the services of the office of the City Attorney.
The pertinent parts of the Statute state the following:
For such legal services as it may require, an authority may call
upon the chief law officer of the city or may employ its own
counsel and legal staff.
Pursuant to the above, the Miami Beach Housing Authority has asked the City
Attorney to act as its attorney. It is recommended that the Sub-Committee approve this
concept. Further attached is the proposed Interlocal Agreement which is submitted for the
approval of the Legal Sub-Committee prior to its submission to the City Commission.
LF/pgr
cc: Commissioner Susan Gottlieb
Commissioner Nancy Liebman
Commissioner Sy Eisenberg
City Manager Roger M. Carlton
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INTERLOCAL AGREEMENT FOR LEGAL SERVICES
THIS INTERLOCAL AGREEMENT (the "Agreement") is dated as of the si{ day of
MAi ,1995, and is by and between the MIAMI BEACH HOUSING AUTHORITY
(the "Housing Authority"), and the CITY OF MIAMI BEACH,
FLORIDA, a Florida municipal corporation (the "City"),
WITNESSETH:
WHEREAS, the Housing Authority requires legal representation from time to time; and
WHEREAS, pursuant to Section 421.05, Florida Statutes, the Housing Authority has the
choice of retaining the services of either the City Attorney's Office of the City or of a private lawyer
to represent the Housing Authority in legal matters; and
WHEREAS, in the past the Housing Authority has utilized the services of the City Attorney;
and
WHEREAS, the Housing Authority has requested that the City Attorney's Office act as legal
counsel to the Housing Authority; and
WHEREAS, the cost of legal services performed on behalf of the Housing Authority will
decrease if the Housing Authority retains the City Attorney's Office instead of a private lawyer, thus,
saving money for taxpayers.
NOW, THEREFORE, in exchange for the mutual promises contained herein, and other good
and valuable consideration, the receipt and adequacy of which is hereby conclusively established, the
parties agree as follows:
1. ABOVE STATEMENTS.
The above statements are true and correct.
2. BASIC SERVICES AND EXPANDED SERVICES.
The Office of the City Attorney shall perform both "Basic Services" and "Expanded
Services", as those terms are defined herein. "Basic Services" shall mean acting as legal counsel to
the Housing Authority, including, but not limited to, attending meetings of the Housing Authority
and providing legal advice. "Expanded Services" shall mean representing the Housing Authority in
litigation, arbitration and administrative proceedings, and in commercial transactions. Any work
which is considered "Expanded Services" shall not be considered "Basic Services". Notwithstanding
anything to the contrary, the City Attorney will provide legal services to the Housing Authority only
in response to requests by the Chairman of the Housing Authority or his designee to the City
Attorney or his designee that the Housing Authority requests legal representation as to a particular
matter. In the event of any need for outside counsel, the City Attorney shall cooperate with the
Housing Authority in the selection of outside counsel. The City Attorney shall have discretion to
assign any of his assistants to work with him on any particular matter, The City Attorney, in his sole
discretion, has the right to decline to represent the Housing Authority as to any matter.
"Expanded Services" as defined above, shall be deemed authorized by the Housing Authority
when the majority of the members of the Miami Beach Housing Authority authorize such expanded
services. In the event that the Board is not in session, the Chairman of the Housing Authority may
initially authorize such Expanded Services, but the matter shall then be brought to the Housing
Authority Committee Meeting for after-the-fact approval.
3. COMPENSA TION.
For Basic Services as heretofore defined, the Housing Authority will pay the City an
annual fee of Twelve Thousand Dollars and No/lOO ($12,000.00) upon execution of this Agreement
by all parties. For Expanded Services as heretofore defined, the Housing Authority will pay the City
a fee of One Hundred Fifty Dollars and No/lOO ($150.00) per hour to represent the Housing
Authority. All out-of-pocket costs incurred by the City in representing the Housing Authority in any
capacity shall be paid by the Housing Authority,
The City will send the Housing Authority a bill for fees and costs on a monthly basis. The bill
will identify the services rendered and any costs advanced or incurred, Fees will be computed on the
basis of time, specifically, hours and tenths of an hour, incurred by the attorneys handling the mattel:.
At the discretion of the City Attorney, the Housing Authority may be obligated to pay certain costs
directly, rather than as a reimbursement to the City for expenses incurred by the City. The Housing
Authority will pay to the City all fees and costs due within thirty (30) days of the City mailing a bill
to the Housing Authority.
4. TERM.
The term of this Agreement shall be one (1) year, commencing as of the date of this
Agreement.
5. TERMINA TION OF SERVICES.
The Housing Authority can terminate the services of the City under this Agreement
at any time upon written notice to the City Attorney. The City Attorney has the right to withdraw
from representing the Housing Authority at any time upon written notice to the Housing Authority,
upon grounds consistent with the ethical standards of The Florida Bar. In the event of such
termination or withdrawal from representation, the Housing Authority will be liable to the City for
the pro-rata portion of the Twelve Thousand Dollar ($12,000.00) lump sum payment described in
Paragraph 3 above and for all fees and out-of-pocket costs incurred as of the date of receipt of
written notice of termination or withdrawal from representation. The Housing Authority also shall
be liable for any services performed and costs incurred by the City Attorney to cease representation.
2
6. A TTORNEY'S FEES AND COSTS.
In the event of any arbitration and/or litigation arising out of this Agreement, the
losing party shall pay the prevailing party's reasonable attorneys' fees and costs, at the trial and all
appellate levels.
7. NO ASSIGNMENT.
Neither party shall assign, transfer or sub-contract this Agreement, any portion of this
Agreement or any work under this Agreement without the prior written consent of the other party.
8. EXCLUSIVE ARBITRATION AND/OR LITIGA TION VENUE.
The exclusive venue for any arbitration and/or litigation between the parties, arising
out of or in connection with this Agreement, shall be Dade County, Florida.
9. ENTIRE AGREEMENT.
This document embodies the entire Agreement and understanding between the parties
hereto, and there are no other agreements or understandings, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby,
10. NO MODIFICATION.
No change in the terms of this Agreement shall be valid unless made in writing and
signed by both parties hereto.
11. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida.
12. ARBITRATION.
Any controversy or claim arising out of or relating to this Agreement, or the breach
thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the
American Arbitration Association (the "Rules"), and the arbitration award shall be final and binding
upon the parties hereto and subject to no appeal, except as provided in the Rules, and shall deal with
the question of the costs of arbitration and all matters related thereto. In that regard, the parties shall
mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then each
party shall select one arbitrator, and those arbitrators in turn shall select a third arbitrator. Judgment
upon the award rendered may be entered into any court having jurisdiction, or application may be
made to such court for an order of enforcement.
3
13. HEADINGS.
The headings in this Agreement are only for convenience, are not a substantive part
of this Agreement and shall not affect the meaning of any provision of this Agreement.
14. NOTICES.
All notices under the terms of this Agreement shall be sent to the following:
To City:
Laurence Feingold
City Attorney
1700 Convention Center Drive
Miami Beach, Florida 33139
To Housing Authority:
Howard Galbut
Chairman
999 Washington Avenue
Miami Beach, Florida 33139
IN WITNESS WHEREOF, the City of Miami Beach has caused this Agreement to be signed
and executed on its behalf by the Mayor, and duly attested by the City Clerk, and the Miami Beach
Housing Authority has signed and executed this Agree nt as of the day and ear first above written.
Attest:
Qki<~
City Clerk
/ktttJlk
oward Galbut, Chairman
Miami Beach Housing Authority
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FORM APPROVED
LEGAL DEPT.
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CITY OF MIAMI BEACH
LEGAL SUB-COMMITTEE
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TO:
MAYOR SEYMOUR GELBER
COMMISSIONER NEISEN KASDIN
COMMISSIONER DAVID PEARLSON
COMMISSIONER MARTIN SHAPIRO
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FROM:
LAURENCE FEINGOLD
CITY ATTORNEY
DATE:
APRIL 7,1995
RE:
MIAMI BEACH HOUSING AUTHORITY UTILIZATION OF CITY ATTORNEY
----------------------------------------------------------------------------------------------------------------------
In the past, the City of Miami Beach Housing Authority has either utilized outside
private counselor hired their own in-house staff. Under Florida Statute 421.05 the Miami
Beach Housing Authority may utilize the services of the office of the City Attorney.
The pertinent parts of the Statute state the following:
For such legal services as it may require, an authority may call
upon the chief law officer of the city or may employ its own
counsel and legal staff.
"4;
Pursuant to the above, the Miami Beach Housing Authority has asked the City
Attorney to act as its attorney. It is recommended that the Sub-Committee approve this
concept. Further attached is the proposed Interlocal Agreement which is submitted for the
approval of the Legal Sub-Committee prior to its submission to the City Commission.
LF/pgr
cc: Commissioner Susan Gottlieb
Commissioner Nancy Liebman
Commissioner Sy Eisenberg
City Manager Roger M. Carlton
c:\wpwin60'alex\commission.1
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