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Home My Public Portal About2010 - 6 Harbor Pointttitg .orb 4J1Iiami JULIE O. BRU City Attorney April 30, 2010 Genaro "Chip" Iglesias Village Manager Village of Key Biscayne Village Hall 88 West McIntyre Street Key Biscayne, FL 33149 RE: Office of the City Attorney - General File for FY 2009 - 2010 09-3150 Dear Mr. Iglesias: Telephone: (305) 416-1800 Telecopier: (305) 416-1801 E-MAIL : Law@ci.miami.fl.us This letter will confirm our agreement of April 23, 2010, as to the nature and scope of legal services to be performed in the representation of the Village of Key Biscayne ("Village") as special counsel to the Village. 1. Scope of Legal Services: It is agreed that the City of Miami City Attorney's Office ("CAO") shall provide legal services consisting of representation of the Village in connection with a pending code enforcement matter currently scheduled for a hearing before a special magistrate on May 14, 2010 at 9:00 a.m. by counseling, giving legal advice, formulating legal strategy, and prosecuting said case before the special master. It is agreed that the CAO will have an attorney attend the pending special magistrate hearing, unless there are extreme circumstances that do not permit its presence. Once the CAO is engaged to render legal services as described above, the CAO is expected to abide by the Village's decisions concerning the objectives of representation. The CAO's contact within the Village is Assistant City Attorney, Barnaby L. Min. 2. Contact with Third Parties or Media. In matters relating to this engagement, the CAO shall have no contact or communication with interested or affected third parties, such as neighborhood associations, condominium associations, developers, contractors, etc., or anyone related to them, without prior approval of the Village. In addition, the CAO shall also have no contact with the media without the prior approval of the Village. 3. Fees and Billing. The CAO shall provide the legal services as described above as an intergovernmental courtesy. blm:Document 223859.doc OFFICE OF THE CITY ATTORNEY/444 S.W. 2nd Avenue, Suite 945/Miami, Florida 33130-1910 4. Costs, Expenses and Other Disbursements. The Village shall be responsible for costs and expenses associated with the CAO's rendering of these legal services as follows: Court reporters; deposition transcripts; witness fees; filing fees; and outside photocopying, binding and exhibit preparation expenses. All other costs, expenses or other disbursements, including experts, consultants, and any travel or travel - related per diem expenses, shall require prior written approval from the Village. All costs and expenses billed to the Village will be at the CAO's actual cost, without any mark-up. All billings for costs expenses and disbursements must be accompanied by backup documentation, such as invoices from the vendor of services, etc. 5. Conflicts of Interest. The CAO certifies that no conflict of interest currently exists with regard to the rendering of these legal services to the Village. If a conflict is discovered, the CAO's disclosure will be brought to the attention of the Village for its determination whether the conflict should be waived by the Village. If a conflict arises in the future concerning an unrelated matter in which the Village is a party, the Village will either waive any such conflict, or allow the CAO to withdraw its legal representation of the Village. 6. Termination of Representation. Upon conclusion of the code enforcement matter currently scheduled for a hearing before a special magistrate on May 14, 2010 at 9:00 a.m., no further legal services will be required of the CAO and the representation shall cease. The CAO shall not be responsible for any appeals, mitigation, hearings, or subsequent hearings before the special magistrate unless a new and separate agreement is entered into. Additionally, either party may terminate the representation for any cause upon written notice. If the foregoing terms are agreeable to the Village, please acknowledge same by executing this letter and returning it to this office. Representation shall commence upon completion of the foregoing acknowledgment and receipt thereof by the City Attorney. Very truly yours, Julie City Attorney AGREED A ► D ACCEPTED this day of , 2010 By: enaro "Chip" I ias Village Manager Village of Key Biscayne blm:Document 223859.doc Jennifer Medina From: Sent: To: Cc: Subject: Attachments: Jud Kurlancheek Tuesday, May 04, 2010 2:46 PM 'Stephen J. Helfman' Chip Iglesias; Jennifer Medina; Conchita Alvarez RE: CITY OF MIAMI ATTORNY AGREEMENT WITH THE VILLAGE: 6 HARBOR PT 6 HARBOR PT. BZP ATTORNEY AGREEMENT.pdf Steve says the attached agreement is OK. Pls see his e mail below. There is no fee for this attorney as Steve has the same arrangement when the City needs an attorney. Jennifer, can you place a paper copy of the Agreement in the signature file for Chip to sign. When it is signed pls provide the Village Clerk and myself with electronic copies. Thanks Jud Kurlancheek, AICP, Director Building, Zoning, and Planning Department Village of Key Biscayne 88 W. McIntyre St. Key Biscayne, FL 33149 305 365 8908 Office 305 365 5556 FAX From: Stephen 3. Helfman [mailto:SHelfman@wsh-law.com] Sent: Tuesday, May 04, 2010 2:21 PM To: Jud Kurlancheek Sub M • ' 1 OF MIAMI ATTORNY AGREEMENT WITH THE VILLAGE: 6 HARBOR PT The agreement is fine. WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.L `-A Think before you print Stephen J. Helfman, Esq. Member Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, FL 33134 www.wsh-law.com Tel: (305) 854-0800 Fax: (305) 854-2323 This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (305) 854-0800 or by return e-mail and delete the message, along with any attachments. 1 Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. From: Jud Kurlancheek [mailto:jkurlancheek@keybiscayne.fl.gov] Sent: Tuesday, May 04, 2010 1:36 PM To: Stephen J. Helfman Subject: CITY OF MIAMI ATTORNY AGREEMENT WITH THE VILLAGE: 6 HARBOR PT Steve, pls review the attached agreement. I was not aware the City of Miami City Attorney's Office was representing BZP in the 6 Harbor Pt. code enforcement action. I thought you said you had an attorney who lives in the City of Miami. Please negotiate the agreement. Chip, any comments? We are meeting with him on Wednesday, May 12. Jud Kurlancheek, AICP, Director Building, Zoning, and Planning Department Village of Key Biscayne 88 W. McIntyre St. Key Biscayne, FL 33149 305 365 8908 Office 305 365 5556 FAX From: Jennifer Medina Sent: Tuesday, May 04, 2010 1:16 PM To: Jud Kurlancheek Subject: City of Miami Pending Code Enforcement Matter Jud, I believe the attached document pertains to your department. Please send to our Attorney for their review. Upon their approval I will provide to the Village Manager for his signature. I will keep the original in my office. Thanks. Executive Assistant to the Village Manager Village of Key Biscayne 88 West McIntyre Street, Suite 210 Key Biscayne, Florida 33149 (305) 365-8919 Fax: (305) 365-8936 keybiscayne.fl.gov jmedina@keybiscayne.fl.gov 2