HomeMy WebLinkAbout2019-265-3394 contingency Fee Water Surcharge Litigation RESOLUTION NO. 2019-265-3394
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
ATTORNEY TO EXECUTE A CONTINGENCY FEE
AGREEMENT WITH STEARNS WEAVER MILLER WEISSLER
ALHADEFF & SITTERSON, P.A. FOR THE WATER SURCHARGE
LITIGATION AGAINST THE CITY OF NORTH MIAMI BEACH;
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK,-
PROVIDING
LERK;PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council previously authorized the City Attorney to take any
and all steps to initiate litigation against the City of North Miami Beach over the water
surcharge issue, and
WHEREAS, the City Attorney engaged the law firm of Stearns Weaver Miller
Weissler Alhadeff & Sitterson, P.A. to represent the City in the litigation and entered into
an hourly fee Agreement with the firm, and
WHERAS, it is expected that the litigation expenses for this matter will be
significant given the nature of the litigation, and
WHERAS, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. has agreed
to a Contingency Fee arrangement moving forward which provides that the firm will only
recover money if they are successful in the litigation, and
WHERES, the Retainer Agreement will provide that the firm will recover 33 1/3%
of the gross monetary recovery retained on behalf of the City and the members of the
class if obtained before or after trial and 40% of any recover obtained after appeal, and
WHEREAS, the City will be credited for any attorneys fees paid to date,
WHEREAS, the City Attorney recommends this arrangement to the City Council,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOkNS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes the City Attorney to execute a contingency fee agreement with
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. as outlined in this Resolution.
the water surcharge litigation against the City of North Miami Beach.
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON DECEMBER 11 , 2019.
OLIVE GILBERT, III, MAYOR
ATTEST:
MARIO BA AILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: SONJA K. DICKENS, CITY ATTORNEY
Moved by: Ca LQr�lS
Seconded by: Cow,), c.cdr�nrl �v�
VOTE: -O
Mayor Oliver Gilbert, III X (Yes) (No)
Vice Mayor Rodney Harris x (Yes) (No)
Councilwoman Katrina Wilson x (Yes) (No)
Councilman Erhabor Ighodaro, Ph.D. __Z._ (Yes) (No)
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Resolution No 2019-265-3394
Councilwoman Lillie Q. Odom X (Yes) (No)
Councilman Reggie Leon T (Yes) (No)
Councilman David Williams Jr u (Yes) (No)
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Resolution No. 2019-265-3394