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Home My WebLink AboutReso 2008-1360 ,-- RESOLUTION NO. 2008-~ 0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA APPROVING AN AGREEMENT TO RETAIN THE SERVICES OF THE BARTHET FIRM, A CONSTRUCTION LITIGATION FIRM, TO REPRESENT THE CITY IN A CONSTRUCTION DISPUTE WITH SIL TEK GROUP, INC.; 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, the City retained the Siltek Group, Inc. ("Siltek") to construct the Pelican Community Park; and WHEREAS, the City and Siltek are currently disputing certain construction related claims; and WHEREAS, the City Attorney desires to enter into an agreement to retain the services of the Barthet Firm, 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 the Agreement. The City Commission hereby approves the agreement of the Barthet Firm as Special Counsel at an hourly rate not to exceed Two Hundred Dollars ($250.00) per hour. Section 2. Authorization of the City Manager and the City Attorney. The City Manager and the City Attorney is hereby authorized to do all things necessary to effectuate this agreement. Section 3. Effective Date. This Resolution shall become effective upon adoption. ATTEST: ~~~ Jane A. Hines, CMC, City Clerk Approving An Agreement With The Barthet Finnement with the Barthet Firm APPROVED AS TO FORM AND L ; SUF "I IENCY: Vote: ~-O-\ Mayor EdeIcup Vice Mayor Thaler Commissioner Goodman Commissioner Brezin - Ab~ Commissioner Scholl Moved by: Seconded by: Approving An Agrccmcnt With Thc Ilarthct Firmcmcnt with thc Barthcl Firm ~Yes) 0Yes) ---.0Y es) _(Yes) ~Yes) C.o~ S:CHOLL \/, <J. ((\~y Titt\:LE~ _(No) _(No) _(No) (No) (No) THE BARTHET FIRM LAWYERS TO IIUSINESS . 200 South Biscayne Boulevard, Suite 1800 Miami, Florida .33131 (305) 347.5290 . Fax (305) 377.8695 www.bartheLcom mail@barthet.com Patrick C. Banher Alexander E. Barthel Paul D. Breilner Peler H. Leavy John C. Hanson, 11 Daniel Morman Doron Weiss Ryan B. Lamchick Daniel Wasserstcin - Publishers THELlENZONE6 www.lhclicnzonc.com September 18, 2008 F" r t"';"" \. ti C t.J '~~' i .. .~ j;. If Via Electronic Mail Dnlv Hans Ottinot. City Attorney City or Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (') 1..Jcr -l '1"''''0 Ll,.i\-.J CITY('C' ' OFFiC-~ ,:> ;' RE: Engagement Agreement Dear Hans: We are writing this letter to confirm the basis of our engagement. I f you agree with the noted terms, please sign and return a copy as soon as possible. IfyolJ have any questions, feel free to call me. I. Clicnt: Scope of Representation. The City of Sunny Isles Beach will be ourclienl (relerrcd to as "you" or "your" throughout this letter). We have been engaged to dran an opinion letter with respect to the viability of a liquidated damages claim and additional set-off claims that you may havc against the contractor of the public project known as Pelican Community Park "Community Center. II You may limit or expand the scope of our representation from time to time, provided that any substantial expansion must be agreed to by us. 2. Term of Enga~emenL Either of us may terminate the engagement at any time for any reason by written notice, subject on our part to applicable rules of professional conduct. In the event that we terminate the engagement, we will take such steps as are reasonably practicable to protect your interests in the above matter. I fpermission for withdrawal is required by a cour1, we will promptly apply For such permission, and you agree to engage successor counsel to represent you. If you terminate the engagement, you agree to immediately pay our costs and fees, incurred through the date oftennination on a non-litigation matter and those incurred through the date ofa court ratified withdrawal on a litigation matter. Unless previously terminated, our representation of you will terminate upon our sending you our final statement for services rendered in this matter. Following such termination, any other.vise nonpublic information you have supplied to llS which is retained by us will be kept confidential in accordance with applicable rules of professional conduct. At your written rcqucst, your papers and propcr1y will be returned to you promptly upon our receipt of payment for outstanding fees and costs. Our own files, including lawyer work product, pertaining to the matter will be retained by thc firm. For various reasons, Exhibit "A" Hans Ottinat RE: Engagement Agreement September I R, 2008 Page 2 includ ing the m in im ization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any such documents or other materials retained by us. You are engaging the firm to provide legal services in connection with a specific matter as referenced within Section 1 of this Jetter. After completion of the matter, changes may occur that could have an impact upon your future rights and liabilities. Unless you actually engage us after the matll:r is concluded to provide such additional advice on issues arising from the matter, you understand the firm has no continuing obligation to advise you with respect to related, future legal developments. You also agrec that this engagement letter will serve as the basis for any continuing, expanded or different representation by the firm of your interests and that we have made no guarantees as to the disposition of any phase ol'thc matter or matters for which we have been retained. 3. Fees, EXRenses and Retainer. Our fees will be based on the billing rate li)r each attorney and legal assistant devoting time to this matter. Our billing rates for attorneys currently range from $250.00 to $350.00 per hour. Time devoted by legal assistants is charged at $105.00 per hour. These billing rates are subject to change from time to time. As a courtesy to you, all attorneys working on this motter will charge a rate (~f $250.()() per hour. The initial retainer will al.\'o he waived. Our representation will commence upon our receipt of an executed copy of this letter. As appropriate, we will include within our statements separate charges for perforrning services such as photocopying, messenger and delivery services, computerized research, tnlVel, long-distance telephone and telecopy, investigative and filing fees. Fees and expenses ofothers (such as consultants, appraisers and experts) will not be paid by us, but will be billed directly to you. Statements nonnally will be rendered monthly for work performed and expenses incurred the previolls month. Payment is due promptly upon receipt 0 four statement. I fany statement rl:l1lains unpaid for more than thil1y (30) days. we may cease performing services for you until arrangements satisfactory to us have been made for payment of outstanding statements and for the payment of future fees and expenses. Our fees and costs relating to this matter arc not predictable. Accordingly, we have made no commitment to you concerning the maximum fees and costs that will be necessary to resolve or complete this matter. [t is also expressly understood that payment of our fees and costs is in no way contingent on the ultimate outcome of the matter. 4. Conflict of\nter~st. Ifat some point in the future we become aware of an actual conflict of interest, we will inform you of such conflict. At such time, we may be requested or obligated to withdraw from further representation and you may be required to retain new counsel. Hans Ottinot RE: Engagement Agreement September 18, 2008 Page 3 5. Client Respon~ibilities. You agree to be truthful, to cooperale fully with us and to promptly provide all information known or available to you relevant to our representation. You agree to pay our statements for services and expenses within thiliy (30) days of receipt and understand you will be responsible for 12% interest on any unpaid balance as well as any ineuITed fees and cosls (including reasonable attorney's fees) in the event we arc required to initiate action to collect our statements. 6. Retaining Lien. We shall have a lien on all your documents, property or money in our possession for the payment of all sums due to us from you pursuant to the terms orthis engagement letter. Once again, we arc r1eased to provide you th is engagement letter, and we vcry much appreciate this opportunity to represent your interests. Yours (I'ul\'. // . //1"-. ' /\~ J6rge L. Cruz-Bustillo For the Firm Acknowledged and agreed to this ~y of _Q0'-b~ . 2008 on heha I f nf Client. THE CITY OF SUNNY ISLES BEACH ik5~~1 Print THE BARTHET FIRM I^WYIRS rn III1SINIS' . -~~l PRACTICE CLIENTS CONTACT LIENZONE connecting . the pIeCeS '- of We are commercial lawyers. expericnccd in what it takes to dcvclop workablc legal stratcgics suited to a client's uniquc circumstances. With a kccn apprcciation of the business as well as legal conscqucnccs of each engagcment. wc provide clients a candid analysis. taking into account the risks. the costs and the possiblc outcomcs associatcd with thcir matters. From inccption. our legal team has becn focused on thc advocacy and resolution of commercial disputes. including business and construction relatcd claims. Whether wc're reviewing a contract or litigating a maltcr. thc hallmarks of our practice havc becn and remain our accessibility. follow through and practical analysis. Practice'Areas Wc concentrate our practice around four major areas of the law: Commercial Disputes Construction Contracts Creditors' Rights Patrick C. Barthet Alexander E. Barthet Paul D. Breitner Petcr H. Leavy John C. Hanson. II Daniel Morman Jorge L. Cruz-Bustillo Doron \'ieiss Ryan B. Lamchick Daniel Wasserstein CONTACT 2(J() S. Biscayne BIH!. Suite I SOO, f\liami. Florida lllll Phone: l05.l.J7.5290. Fax. l05377.i\695 home I team I practice I clients I contaclI lienzone COP) ri~hl <;"; 200S \I \I w.hJrlhcl.c'<lIn. \11 Ri~hh Re'CT\cd. disclaimer THE BARTHET FIRM I ^ W Y I It ~ I n II II ~ I N I , ., . HOME I ---1 I 1J]Ji.~ PRACTICE CLIENTS Accessible and focused, our legal team has years of experience. We work together. drawing on each other's strengths and capabilitics. This allows us to combine academic excellence with real world expcricncc. Many or our attorneys have becn honorcd for their rolcs within professional and community organizations and the firm is listcd in the Bar Rcgister of Preemincnt Lawyers. ~iIr.~~~~~L .. ~o~ ll1" r~' ~ dl ~y"l ~'- ~.~ I " " 'QI , '. ~ , I I ~ r . 1 ~ ~ Ii, ~. , ~ PATRICK ALEXANDER PAUL PETER JOHN BARTHET BARTHET BREITNER LEA VY HANSON, " 1--tJ ~I b . - . .~~ c. ~ I ~. ,... ~ ,"" I ~';':: __ :''''l ",<) ..-f' ~- \:' 1.. \ - - ~t.' I r' ~ ,-'. '--1 ~ L ~~.A _!/ 1 t.'-! DANIEL JORGE L DORON RYAN MORMAN CRUZ-BUSTILLO WEISS LAMCHICK o ,.., _1.. 1 DANIEL W ASSERSTEIN CONTACT 201l S. Bisc;lyne' Bl\'d. Suite' 1800. Miami, Flurid" 3.' 131 Phone: .,05..,47.:i291l. Fa\: 305.377.8695 CONTACT LIEN ZONE ;v'V~ ~~~~ r~ ~~ l ' , ... ~.....r\- home Iteam I practice I clients I contact I lienzone Copyright () ~{ItlR \\\\ \\harthl'u:om. All Ri!;hh Hl-'''L'l \ ell I ^ \V 'r' I It " THE BARTHET FIRM , HOME Inn " ... I N I " .s . .. ~ 'F~! CLIENTS Our practice is concentrated around four major areas of the law: commercial disputes. construction, contracts and creditors' rights. By focusing our approach and bringing together lawyers seasoned in these disciplines, we have developed a bank of experience and knowledge. This allows us to intelligently guide and advise our clients. We encourage you to view each of our practice concentrations to learn more about what we do by reading about what we have done. Commercial Disputes Contracts COi\:TACT 200 S. Biscaync Blvd. Suitc 180U. Miami. r'lorida 3.\ 131 Phon,,: 305.3475290. Fa\: .~05 377.8695 Construction Creditors' Rights ~ ;; ~ " . :f':,. '" ~ .~.~ , CONTACT LIENZONE /"t \ ..'Y C , <~'-I < N) J \../0 G> --;.I ( homc Itcam I practicc I dients I contactlliclllOllC Cnl'.'lI~lll (i) ::'(\(18 \\" \I.harthcl ,'(\in. All Ri~ht, R"".,\t'd. IAWYlltS THE BARTHET FIRM 101l1lSINIS.' . HOME CLIENTS PRACTICE Construction Those involved in any aspect of construction. from contract to collection. look to us when it comes to their rights and liabilities within the intricacies and statutory time frames of Florida's mechanic's lien and construction laws. Having analyzed. negotiated. mediated, arbitrated and litigated contract. lien and bond claims. we have the experience to assist our clients on bid disputes; the applicability of pay when paid provisions; ambiguities between contracts. plans and specifications; warranty issues; and payment hold backs. We have dealt with the impact of partial performance. differing site conditions. job delays and improperly documented change orders and extras. We understand the significance of properly filed Notices of Commencement. Notices to Owner. Claims of Lien. Sworn Statements of Account and Contractors' Final Affidavits. Not only have we enforced 713.23 and 255.05 claims. but we have also successfully resisted the imposition of fraudulent liens. We arc litigation counsel to several statewide construction companies. including the state's largest engineering firm and some of Miami's and South Florida's most recognized names in the industry. We have advocated both small and large dollar cases. We are not only invited participants but selected moderators at industry conferences and seminars. and we sponsor a website (........ ....thel ien/onecorn) geared exclusively to providing construction executives and design professionals information on current legal developments in this complex area of the law. * It began twelve years earlier when a municipality which had hired our engineering firm client accused it of professional negligence for providing inaccurate estimates. The municipality relied on this information to obtain what turned out to be an unnecessary bond to help finance a road improvement project. As this litigation developed. the firm's lawyers presented arguments before four different judges. conducted two jury trials and handled an imervening appeal. However. a six person jury. having heard the case for seven days. ended our client's ordeal hy returning a zero verdict in its favor. a compete victory made even sweeter when the municipality also paid a sizeable amount of our client's legal fees and costs incurred over the course of the litigation. * Pursuing an invitation to work on an off shore luxury hOlel. a major subcontractor asked us to review the extensive contract documents and help negotiate more favorable terms on this multi-million dollar opportunity. We linked our client's treatment by the contractor to that of the contractor by the owner. placing our client on a more equitable. if not even. playing field. I CONTACT LIENZONE '1 \ ".. ,.... <' ~J) <-J~GJ' ' '-'2 r We then went about working on a joint venture agreement required by our client's need to partner with a local entity supplying the labor. "* An owner who had embarked on a ten million dollar renovation of his facilily asked us 10 intervene when he discovered a number of subcontractors and materialmen had liened his property. The general contractor. having been fired for its inability to meet scheduled time frames, had also failed 10 pay several of its suppliers. A close reviewal' the facts and the recorded liens revealed a number of inconsistencies and technical flaws. allowing us to negotiate significant reductions on certain liens and 10 set aside other cncumbrances Ihrough suit. Not all results are prOl,ided. the results are not necessarily representatil'e of results obtained by the firlll, and a prospecti\'e clielll's indi\'idual facts and circumstances may differ from the mailer iI/which Ihe rem/ls are prol'ided. CONTACT 200 S. Bisl'uyne Blvd. Suite IROO. MiamI. Florida 331.11 Phone: 30~.3..j7 ~290. Fax: 30~.3778()9~ home I team I practice I clients I contact Ilienzone CopYrlf:ht {~.\ 20()i\ \.n\ \\ ,hailh\.'LL'oll1. ,\11 Ri!!hh Re>';l'f\I.:d. r I I I I THE BARTHET FIRM I ^ W Y I It , I' ,", 1\'" I N I , ,\ . HOME PRACTICE ~~~i.Th CONTACT LIENZONE '\Ie work hard to make a difference and clients have eo me to count on us for assistance in addressing their legal challenges. Learn more about a few of the companies we are fortunate to currently serve by taking a moment to tour their web sites. 1 :a. International Glme TKhnolol:Y POSf.I' t.d. + ! . IU' '1'" ~...- -~ ~- ~.........., ." ~'~'4. :~14 1;.... ;J~~:- '" ..:J .-, ,,..- ..~ "" ... J . ~./" . II' .., . It,\,: /',1 "'1' ',;-.. 't' I \1-,1; PEDIATRI~ TaSCI!l GIHRALlAR ,I , -ilE-lE SI RROI E.S.sI(}N,~1 IIMBINC .3 GRYPHON II I f I 'fl( \1 ..11,,.111... ., c .. \ , . II I I ~"I ~ .I nliCAL ICITCHENS ~ ....1...l4..fLOilI(.l... Q~ , .0. .; ;;) n~11d EkactrJc Suppl} .!!.p, f'V7 Kimco RC'dlty ~ Corporation l"'" . . .... . - wHITTeLse.... I /' ,-/ IES IIJI. ,1,,1.', II", I" "I ,';1'1'\ .1,1". III! pAsn~UR . . ~ - J '''II'~ t~.l'lI . UMI'" "'JOH/\ nU:RE r.:e CREnJT I1BUILDERI\ 19SPECIALTlEsE[ EL DORADO r. Cqllucrcltq .~8.tsl1J1[~-.p~M ~ GreatAmerica ~"..,"" t4......'... USES~ ~1 FERGUSON' 2neT~ 4"~& EBSARY 0MasterPlaster . JUNCLE "..- 1St AND -- ~--- ~.~~~~~ " I ~ ~J", '" "'. "'LC1QI~A~ C'lN.}t'GI' ~ , ".. . ~;)'>. 1'11111111 ~~~ ~ E.1,....~rn \\""tf' :)\'sh'll1'i ~rH)IlII'\I"CI'\1 .!\ !-i.,-!!1 weather' 1'0/ ~ CONTACT 200 S. Bi>C<t}n~ BiI.d. Suite 1800. Miami. Florida 331.11 Ph(lll~: 30'\..1475290. F,l\: 30:\..177.8695 home Iteam I practice I clients I contact IlienlOne Cl'lpyn~hl tf) 2/IIiS \~'\\\\'.h:lrlht'l.('(\m .'Xll Ri~hlS Rc~(,I'\'t'rt '^"'Yln\ THE BARTHET FIRM Inn II , I N I , , HOME . PRACTICE CLIENTS Located in the heart of Miami's business and financial district. only minutes away from county and city govemmel1l offices. and both state and federal courthouses. we are able to promptly attend to client matters. 200 S. Biscayne Blvd. Suite 1800 Miami, Florida 33131 Tel: 305.347.5290 Fax: 305.377.8695 web: www.barthet.com email: maj]@ban!lel.com CO'\TACT 200 S. Bi.'caync B!\d Suilc IXIIO. Miami. Florida .'.'1,'1 Phonc: 305..\'17.5290. Fax. 31l5377.X6lJ5 :'.:: .' J\:.lJ' LIENZONE *~ 7 , ~". homc Itcam I practicc I clicnts I contact llicnznnc C"ryrl~hl 0 21ln~ ,",IV\\ .harll1l'I.L', "'1. .-\11 Ri)'hls RCSl'I\l'd. TO: FROM: DATE: RE: City of Sunny Isles Beach ] 8070 Collins Avenue. Suite 250 Sunny Isles Beach. Florida 33160 (305) 947-0606 City Hall (305) 949-3 II 3 Fax (305) 947-2150 Building Department (305) 947-5107 Fax Cily Commission Norman S. Edelcup, Mayor Lewis .1. Thaler. r k'e Mayor Gerry Goodman. (O/ll"/IsslOner I{oslyn Brezin, CO/ll/llisslOner ()anny Iglesias. CO/lln/lssioner A. .John Szerlag, CIl)' ,'vIanager lIans OUinot, (11)' Allome)' .Jane A. lIines, Ci\lC, (1)' Clerk MEMORANDUM The Honorable City Commission Hans Ottinot, City Attornen ~ December 18. 2008 ~ \..J RESOLUTION APPROVING AN AGREEMENT WITH THE BARTHET LAW FIRM RECOMMENDATION: It is recommended that the City Commission approve the attached Resolution. REASONS: I have determined that the City is in need of hiring an additional counsel to represent the City in the dispute with the Siltek Group. Inc. ("Siltek") regarding the construction of the Pelican Community Park. As such. I have retained the Barthet Firm. The Barthet Firm specializes in Commercial Disputes. Construction, Contracts and Creditors' Rights. The legal team at the Barthet Firm has many years of experience and has represented several well-known statewide construction companies in various construction litigations. Since construction law is a highly specialized area of law. I am recommending the retention of the Barthet Firm as co-counsel to assist me in this matter. Moreover. the firm has agreed to provide these services at the discounted rate of two hundred and fifty dollars ($250.00) an hour. Please find attached the Barthet Firm's resume for your review. HO:jb / Attachment Agenda Item ~ Date I 2- I ~ r 0 8 TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-31 13 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM Hans Gttinot, City Attorney Jane A. Hines, CMC, City Clerk ~ f\ ~ December 24, 2008 Approval of Agreements At its regular meeting of December 18, 2008, the City Commission adopted the following Resolutions: . Resolution No. 2008-1360 Approving an Agreement with Barthet Firm; . Resolution No. 2008-1361 Approving a Settlement Agreement with the County Property Appraiser's Office; and . Resolution No. 2008-1362 Approving a Non-Binding Agreement with LSB Investment. Enclosed is a copy of each of the adopted Resolutions for your handling. Thank you. Attachments cc: Doug Haag, Assistant City Manager/Finance Memo Hans Otcinot Re Resolutions Approved 121808