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HomeMy WebLinkAboutReso 2005-815 RESOLUTION NO. 2005- ~ I 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE RETAINER AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND LAURI WALDMAN ROSS, ESQ. AS OUTSIDE COUNSEL, TO HANDLE ALL APPELLATE LITIGATION MATTERS ARISING FROM THE LAWSUIT OF RK ASSOCIATES, INC. V. CITY OF SUNNY ISLES BEACH AT AN HOURLY RATE OF TWO HUNDRED FIFTY DOLLARS ($250.00); AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an appeal has been filed in the eminent domain case involving RK Associates, Inc. the City wishes to retain outside counsel to provide specialized legal representation in this appellate lawsuit; and WHEREAS, Lauri Waldman Ross, Esq. is highly qualified to represent the City in appellate matters involving the RK Associates, Inc v. City of Sunny Isles Beach lawsuit; and WHEREAS, the City Attorney desires to enter into an agreement to retain the services of Lauri Waldman Ross, Esq., attached hereto as Exhibit "A", NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves the retainer agreement of the Law Firm of Lauri Waldman Ross, P.A. as Special Counsel at an hourly rate not to exceed Two Hundred Fifty Dollars ($250.00). Section 2. Authority of the City Manager and City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate this agreement. Section 3. Effective Date. This Resolution is effective upon adoption PASSED AND ADOPTED this 14th day of July 2005. : / '- '. ~ . . eo' ATTEST; .' . :~.A.~~ Jane 'A. Hi~es, City 'Clerk , Authorizing The Agreement With Lauri Waldman Ross, Esq. Page 1 of 2 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~- Moved by: CO\'Yvvv\.\.S~lQw\) UL -:L"G ~I~S' Seconded by: ~~'\,<;~ID,uu... ~~'"2.-I.v Vote: t;-D Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias V(Yes) _J.4.Yes) ~Yes) ~Yes) _(Yes) _(No) _(No) _(No) _(No) _(No) Authorizing The Agreement With Lauri Waldman Ross, Esq. Page 2 of 2 LAURI WALDMAN ROSS, P. A. A Professional Association Two Datran Center, Suite 1612 9130 South Dadeland Boulevard Miami, Florida 33156 305 670-8010 telephone 305 670-2305 fax LWRPA@laurilaw.com - e-mail STATEMENT OF PRACTICE: General Civil Trial and Appellate Practice in State and Federal Courts. FIRM PROFILE: Lauri Waldman Ross was admitted to the Florida Bar in 1980 and is a board certified appellate lawyer. She was a shareholder in the firm Kelly, Black, Black, Byrne, Beasley, Bales and Ross, P.A. before forming her own firm in 1992. Ms. Ross has handled appeals in all of the state appellate courts in Florida, as well as the Eleventh Circuit Court of Appeals. LAURI WALDMAN ROSS: Born Buffalo, New York, May, 1956; admitted to bar 1980, Florida, U.S. District Court, Southern District of Florida including Trial Bar; 1983, U.S. Court of Appeals, Eleventh Circuit; 1990, U.S. District Court, Middle District of Florida; 1996, U.S. Supreme Court. Education: University of Florida (B.A., with high honors, 1977); University of Miami (J.D., cum laude, 1980). Phi Beta Kappa; Phi Alpha Delta. President, Eugene P. Spellman Inn of Court, 1995-1996. Participant American Inns of Court Series of Florida Civil Procedure, 1995; Lecturer on Ethics, University of Miami School of Law, 1995 & 2002. Member, Eugene P. Spellman Inn of Court, 1991-1998. Author, "Jury Duty: When Service Becomes Penance," Florida Bar Journal, Vol. 64 #6, 1990; with L.D. Black, "Severance Damages: The Effect of Intangibles on Full Compensation," 18 Stetson L. Rev., 549, 1989; with W.S. Frates, "Let's Lay Libel Per Se to Rest," Florida Bar Journal, June 1983; "Erosion of the Strict Scrutiny Standard," 10 Lawyers of America 1049, 1978. Member, Florida Appellate Rules Committee, 1989-1994. Special Counsel, Florida Judicial Qualifications Commission, Case Nos. 92-208, 93-353, 95-412, 97-74, 97-376. Research Aide to the Hon. Phillip Hubbart, Third District Court of Appeals, 1980-1982. Member: Dade County Bar; The Florida Bar (Member, Eleventh Judicial Circuit Grievance Committee H, 1985-1988). (Board Certified Appellate Practice Lawyer, Florida Bar Board of Legal Specialization and Education), Appellate Practice Certification Committee, 2000-03; the Florida Bar; Chairman, Appellate Practice Certification Committee 2003-04, Vice Chairman, Appellate Practice Certification Committee 2004-05. Languages: Dutch. Practice areas: Civil trial and Appeals. REFERENCE: Mellon United National Bank of Miami REPRESENTATIVE OPINIONS: International Cosmetics Exchange, Inc. v. Gapardis Health & Beauty, Inc., 303 F. 3d 1242 (11th Cir. 2002); American Red Cross v. Palm Beach Blood Bank, Inc., 143 F. 3d 1407 (11th Cir. 1998); Banco Industrial de Venezuela, C.A. v. Credit Suisse, 99 F.3d 1045 (11th Cir. 1996); Fayad v. Clarendon Ins. Co., 2005 WL 729172 (Fla. 2005); Allstate Ins. Co. v. Martinez, 833 So. 2d 761 (Fla. 2002); Ricks v. Loyola, 822 So. 2d 502 (Fla. 2002); Rosen v. Florida Ins. Guar. Ass'n, 802 So. 2d 291 (Fla. 2001); In re Shea, 759 So. 2d 631 (Fla. 2000); Fittipaldi USA, Inc. v. Castroneves, 2005 WL 714919 (Fla. 3d DCA 2005); Russell v. KSL Hotel Corp., 887 So. 2d 372 (Fla. 3d DCA 2004); Christopher Advertising Group v. R & B Holding Co., 883 So. 2d 867 (Fla. 3d DCA 2004); M.S. v. Nova Southeastern University, 881 So. 2d 614 (Fla. 3d DCA 2004); Jones v. Goodyear Tire Co., 871 So. 2d 899 (Fla. 3d DCA 2003); Hyatt Corp. v. Palm Beach Nat. Bank, 2003 WL 244888, 28 FLW 0393 (Fla. 3d DCA 2003); Homestead-Miami Speedway, LLC v. City of Miami, 828 So. 2d 411 (Fla. 3d DCA 2002); Portell Intern. Realty, Inc. v. Jacobson, 802 So. 2d 431 (Fla. 3DCA 2001); Pacheco v. Florida Power & Light Co., 784 So. 2d 1159 (Fla. 3d DCA 2001); Rezevskis v. Aries Ins. Co., 784 So. 2d 472 (Fla. 3d DCA 2001); Kolski v. Kolski, 731 So. 2d 169 (Fla. 3d DCA 1999); Johnson v. Johnson, 725 So. 2d 1209 (Fla. 3d DCA 1999); Miami Lakes Civic Ass'n v. Encinosa, 699 So. 2d 271 (Fla. 3d DCA 1997); Girten v. Andreu, 698 So. 2d 886 (Fla. 3d DCA 1997); Spanish Broadcasting System of Florida, Inc. v. Alfonso, 689 So. 2d 1092 (Fla. 3d DCA 1997); Kenet v. Bailey, 679 So. 2d 348 (Fla. 3d DCA 1996) . THERESA L. GIRTEN: Born Miami, Florida, March, 1956; admitted to Bar, 1987, Florida, 1989, U.S. District Court, Southern District of Florida, 1991, U.S. Court of Appeals, Eleventh Circuit. Education: University of South Florida (B.A. 1978), University of Miami (J.D. 1987). Law Clerk to the Honorable Philip A. Hubbart, Third District Court of Appeals, 1987-1989; Assistant City Attorney, City of Miami, litigation and appellate counsel 1991 - 1997. Member: The Florida Bar and Dade County Bar Association. REPRESENTATIVE OPINIONS: Barnett v. City of Okeechobee Hospital, 283 F. 3d 1232 (11th Cir. 2002); Badia v. City of Miami, 133 F.3d 1443 (11th Cir. 1998); U.S. v. City of Miami, 115 F.3d 870 (11th Cir. 1997); Pottinger v. City of Miami, 40 F.3d 1155 (11th Cir. 1996); Haves v. City of Miami, 52 F.3d 918 (11th Cir. 1995); Walgreen Ins. Co. v. Sklandis, 2005 WL 416173 (Fla. 3d DCA 2005); City of Miami v. Case, 882 So. 2d 398 (Fla. 3d DCA 2004); Lago v. City of Miami, 843 So. 2d 304 (Fla. 3d DCA 2003); Allstate Insurance Company v. Perez, 817 So. 2d 945 (Fla. 3d 2002); Acosta v. City of Hialeah, 780 So. 2d 300 (Fla. 3DCA 2001); Allstate Insurance Company v. Cruz, 768 So. 2d 1138 (Fla. 3d DCA 2000); Coconut Grove Civic Club v. City of Miami, 703 So. 2d 515 (Fla. 3d DCA 1997); Rodriguez v. City of Miami, 665 So. 2d 1150 (Fla. 3d DCA 1996); City of Miami v. Bazemore, 611 So. 2d 551 (Fla. 3d DCA 1992); City of Miami v. Cisneros, 662 So. 2d 1272 (Fla. 3d DCA 1995); Dozier v. City of Miami, 639 So. 2d 167 (Fla. 3d DCA 1994). CONTRACT FOR LEGAL SERVICES (HOURLY) I/We, City of Sunnv Isles , do hereby retain and employ: Lauri Waldman Ross, P.A., Two Datran Center, 9130 S. Dadeland Boulevard, Suite 1612, Miami, Florida 33156, [herein "ROSS"], as our attorneys to ~epresent us in the handing of appellate remedies in my claims arising out of the matter of RK Associates v. City oLSunny ,1s~eB~.h: 3D05-811 , based upon the terms and conditions set forth below, this 6!'5 day of ~UN.. , 2005. By signing below, you agree to pay any amount billed to you in excess of the retainer promptly upon receipt of a bill. You agree to pay this firm a regular hourly rate of $250.00 per hour plus costs for the services of Lauri Waldman Ross, and $225.00 per hour for the services of Theresa Girten. You will be charged for all telephone calls and travel time. We shall have the authority to make advances (costs, suit money, etc.) on your behalf in such amounts as we shall determine best in representing you in these proceedings, which advances shall be for expenses, including but not limited appellate costs for the notice of appeal, record and any transcripts of proceedings. Should it become necessary .to enforce the terms of this Agreement through legal proceedings, you agree to pay, in addition to any judgment for such fees and costs, reasonable attorney's fees, pre-judgment interest and costs incurred in connection with such proceedings. The agreement to pay attorney's fees involved in the collection of legal fees or enforcement of the terms of this agreement includes the time expended by Lauri Waldman Ross, even if additional or separate counsel are not employed. Furthermore, you agree and hereby waive your right to trial by jury. You acknowledge that we have made no guarantees. All expressions which relate to the possible results in your case are based strictly on our opinion. The provisions contained in this Agreement apply to the instant matter or such other matter, which we may undertake on your behalf, unless other written arrangements are made for payment of the fees and expenses. 1 In accordance with Section 62-6 (B), of the City of Sunny Isles Beach, Code the total amount of compensation for the Services or Additional Services shall not exceed $10,000. However, in the event that the total charge by Ross approaches tha t amount'l in accordance with the City Manager shall, require an approval y the City Commission for such expenditures. kJ All ~Q.. ~+t~ i" ad"~~Ce,. b~' ~ ~\ Sr- ~i.k1'o... · sS WARNING ~ t"1 ~~ dP THIS IS A LEGAL, BINDING, CONTRACT. BEFORE SIGNING PLEASE READ IT ~~~:,c CAREFULLY AND BE SURE YOU UNDERSTAND ALL ITS CONTENTS. IF THERE IS (-, . ANYTHING YOU DO NOT UNDERSTAND, ASK ABOUT IT. DO NOT HESITATE TO '.~ HAVE THIS AGREEMENT REVIEWED BY ANOTHER ATTORNEY OF YOUR CHOICE. ~~l WE ENCOURAGE ITl ~ READ, UNDERSTOOD AND AGREED: LAURI WALDMAN ROS S , P _ A . BY:/ [ Et::::!r~~:i::c CITY ATTORNEY DATED: 0/;~/~ . DATED: fellt/(J('" - ~ 2 ,,,,"y IS< Cityof SunnyIsles Beach CIN Commission s Norman S.Edelcup. Was AsO°� �m 18070 Collins Avenue, Suite 250 Lents J.Thaler,vice,Mayor /' itfr Sunny Isles Beach, Florida 33160 Roslyn Brain Commissioner i Gerry Gooamen,Commissioner (305) 947-0606 City Hall Danny Iglesias.Com�mssioner (305( 949-3113 Fax Christopher J.Russo,Cie Manager i,, °°>, f lop ° e (305) 947-2150 Building Department cans Ottinot,Sr.,en)miorne o. sug ,.+° (305) 947-5107 Fax Jane A.Hines,Cay Werk MEMORANDUM TO: The Honorable Mayor and City Commissionss FROM: Hans Ottinot, City AttorneW/ I_ DATE: July 14, 2005 RE: Approving Contract for Legal Services with Lauri Waldman Ross, P.A. Recommendation: It is recommended that the attached Resolution be approved. Reasons: Lauri Waldman Ross, P.A. has been retained to represent the City in the appeal of RK Associates No, 1, Inc. v. City of Sunny Isles Beach. She was highly recommended by Norman Malinski because of her appellate experience in condemnation cases. Lauri Waldman Ross is a board certified appellate lawyer, who has handled appeals in all of the state appellate courts in Florida, as well as the Eleventh Circuit Court of Appeals. She served as a member of the Florida Appellate Rules Committee from 1989-1994 and a research aide to the Hon. Phillip Hubbart of the Third District Court of Appeals from 1980-1982. Ms. Waldman Ross is highly regarded in her field. HO/jb Attachment Agenda Item Mayor,&Commisiiun Appmving Lantra&for I.cti I SL VICCS with faun Waldman Ross,I' k Date