HomeMy WebLinkAboutCity of Tamarac Resolution R-97-1831
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Temp. Reso. 7942 1
7/11 /97
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97- I 93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIAL TO EXECUTE AN
AGREEMENT WITH THE LAW FIRM OF STEPHEN T.
MAHER, P.A., AS COUNSEL TO REPRESENT THE CITY OF
TAMARAC IN ANY ADMINISTRATIVE PROCEEDINGS AND
JUDICIAL REVIEW PROCEEDINGS THAT ARE
DETERMINED APPROPRIATE TO PURSUE IN ORDER TO
ADVANCE THE CITY OF TAMARAC'S CLAIMS AGAINST
THE STATE OF FLORIDA, DEPARTMENT OF BANKING
AND FINANCE, DIVISION OF SECURITIES AND INVESTOR
PROTECTION, TO RECOVER MONIES FROM THE
SECURITIES GUARANTY FUND, IN RE: E.S.M.
GOVERNMENT SECURITIES, INC.; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 1987, the City of Tamarac, along with other cities, filed a claim with
the Florida Securities Guaranty Fund relative to the cities' losses from investments placed
with E.S.M. Securities; and
WHEREAS, the Florida Department of Banking issued a Notice of Intent to pay the
City(ies) Ten Thousand Dollars ($10,000.00) on the referenced claim; and
WHEREAS, in July, 1994, Stephen T. Maher, an attorney associated with the law
firm of Shutts & Bowen, contacted the City of Tamarac and indicated that the City of
Tamarac may be eligible for an additional recovery of Thirty Thousand Dollars
($30,000.00); and
Temp. Reso. #7942 2
7/11 /97
WHEREAS, Mr. Maher moved forward in this matter and has recouped an additional
Ten Thousand Dollars ($10,000.00) for the City of Tamarac in this matter; and
WHEREAS, Mr. Maher wishes to enter into a formal Attorney's contingent Fee
Employment Agreement with the City of Tamarac, which provides that his fee will be
33 1/3% of any amount recovered in excess of the $10,000.00 that the agency has
preliminarily determined to be awardable, whether recovered by settlement, final order,
mandate or judgment, and that he will be reimbursed associated costs limited to Two
Thousand Dollars ($2,000.00); and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac that the City of
Tamarac enter into an Attorney's Contingent Fee Employment Agreement with Stephen
T. Maher, P.A., for the recovery of additional monies due the City of Tamarac in the case
In Re: E.S.M. Securities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: That the appropriate City official execute an Attorney's
Contingent Fee Employment Agreement with Stephen T. Maher, P.A., for recovery of
Temp. Reso. #7942 3
7/11 /97
additional monies due the City of Tamarac in the case In Re: E.S.M. Securities, for a
professional services fee of 33 1/3% of any amount recovered in excess of the $10,000.00
that the agency has preliminarily determined to be awardable, whether recovered by
settlement, final order, mandate or judgment, and reimbursement of associated costs
limited to Two Thousand Dollars ($2,000.00), (a copy of the Agreement is attached hereto
as Exhibit "A".)
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
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PASSED, ADOPTED AND APPROVED this
ATTEST:
CAROL A. EVANS
CITY CLERK
1:I:1:01 Wiffel =I :4111 W&II lI
RESOLUTIOWas to
CHELL
CITY ATTORN
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Temp. Reso. #7942 4
7/11 /97
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day of , 1997.
KkdE SCHREIBER, MAYOR
RECORD OF COMMISSION
�%YOR SCHREIBER
DIST 1: COMM. MGKAYE
DIST 2; V/M MISHKIN
DIST COMM. SULTANOF
DIST 11. CO M. ROBERTS
E X HIBIT A
1r✓ATTORNEYS' CONTINGENT FEE EMPLOYMENT AGREEMENT
The City of Tamarac, Florida employs the law firm of Stephen
T. Maher, P.A., 1500 Miami Center, 201 S. Biscayne Blvd., Miami.,
Florida 33131, as counsel to represent The City of Tamarac, the
client, in any administrative proceedings and judicial review
proceedings that counsel determines are appropriate to pursue in
order to advance the client's claims against the State of Florida,
Department of Banking and Finance, Division of Securities and
Investor Protection. Through those claims, the client seeks to
recover an award of $40,000.00 from the Securities Guaranty Fund,
rather than the $10,000.00 that the agency has preliminarily
determined to be awardable to the client from the fund.
1. Contingent Fee
For those professional services, the client agrees to pay an
attorneys' fee of 33 1/3% of any amount recovered in excess of the
$10,000.00 that the agency has preliminarily determined to be
awardable, whether that amount is recovered by settlement, final
order, mandate or judgment. Should attorneys' fees be awarded
pursuant to statute, counsel is entitled to either the contingent
fee or the statutory fee, whichever is larger.
This employment is upon a contingent fee basis. Unless a
recovery is made, the client is not obligated to pay any attorneys'
fees.
2. Costs
ru z 00 0r00 .
The client will be responsible for all costs incurred.
"Costs" shall include, but not be limited to, expenditures for
filing fees, the cost of preparing the record on appeal,
photocopying, postage, and all other costs necessary for proper
performance of legal services.
3. Role of Counsel
The client understands that Stephen T. Maher, P.A. will
simultaneously act as counsel for four governmental entities in all
proceedings: The City of Tamarac, City of Beaumont, Texas, The City
of Allentown, Pennsylvania, and Board of Education, Memphis City
Schools.
4. The Statement of Client Rights
The undersigned client has, before signing this contract,
received and read The Statement of Client's Rights attached to this
agreement, and understand each of the rights set forth therein.
The undersigned client has signed the statement and received a
signed copy to keep and to refer to while being represented by
undersigned counsel.
r `' 7 /�-373
5. Three Day Right to Cancel
This contract may be cancelled by written notification to
counsel at any time within 3 business days of the date the contract
was signed, as shown below, and if cancelled the client shall not
be obligated to pay any fees to counsel for the work performed
during that time. If counsel has advanced funds to others in
representation of the client, counsel is entitled to be reimbursed
for such amounts reasonably advanced on behalf of the client.
6. Recovery
The client expressly grants power to counsel to deduct fees
and costs from the client's share of the recovery.
I have read and I agree to the above terms.
The City of Tamarac
By: Robert S. Noe, Jr., City Manager
V)27� 1
Dated
I accept this engagement.
Stepl jyen T . Maher, P.A.
by " Stephen T. Maher, Esq.
1 0 Miami Center
2 1 S. Biscayne Blvd.
Miami, Florida 33131
(305) 375-0085
fa (305)375-0095
DiVted
� / D
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STATEMENT OF CI.IENT's RIGHTS
Before you, the prospective client, arrange a con-
tingent fee agreement with a lawyer, you should,
\understand this statement of your rights as a client.
This statement is not a part of the actual contract
between you and your lawyer, but, as a prospective
client; you should'he aware of these rights:
L There is no legal requirement that a lawyer
charge a client a set fee or a percentage of money
recovered in a case. You, the client, have the right
to taut with your lawyer about the proposed fee and
to bargain about the rate or percentage as in any
Other contract. If you do not reach an agreement
With- one lawyer you may talk with other lawyers.
L Any contingent fee contract must be in writ-
i ing and you have 8 business days to reconsider the
i Contract. You may cancel the contract without any
reason if you notify your lawyer in writing within 3
business days of signing the contract. If you with.
drawfrom the contract within the - first 3 business
days, you do not owe the lawyer a fee although you
Maybe responsible for the lawyer's actual costs
.during that time. If your lawyer begins to repre-
sent you, your. lawyer may not .withdraw from the
case without giving you notice, delivering necessary
papers to you, and allowing you time to employ
another lawyer. Often, your lawyer must obtain
court approval before withdrawing from a case. If
you discharge your lawyer without good cause after
the 8-day period, you may have to pay a fee for
work the lawyer has done.
S. Before hiring a lawyer, you, the client, have
the right to know about the lawyers education,
training, and experience. If you ask, the lawyer
should tell you specifically about the lawyer's actual
experience dealing with cases similar to yours. If
you ask, the lawyer should provide information
about special training or knowledge and give you
this information in writing if you request it.
4. Before signing a contingent fee contract with
you, a lawyer must advise you whether the lawyer
intends to handle your case alone or whether other
lawyers will be helping with the case. If your
lawyer intends. to refer the case to other lawyers,
the lawyer should tell you what kind of fee sharing
arrangement will be made with the other lawyers.
If lawyers from different law firms will represent
you, at least 1 lawyer from each law firm must sign
the contingent fee contract.
6. If your lawyer intends to refer your case to
another lawyer or counsel with other lawyers, your
lawyer should tell you about that at the beginning.
If your lawyer takes the case and later decides to
refer it to another lawyer or to associate with other
lawyers, you should sign a new contract that in-
cludes the new lawyers. You, the client, also have
the right to consult with each lawyer working on
your case and each lawyer is legally responsible to
represent your interests and is legally responsible
for the acts of the other lawyers involved in the
case.
6. You, the client, have the right to know in
advance how you will need to pay the expenses and
isthe legal fees at the end of the case. If you pay a
deposit in advance for costs, you may ask reason-
able questions about how the money will be or has
been spent and how much of it remains unspent.
Your lawyer should give a reasonable estimate
about future necessary costs. If your lawyer
agrees to lend or advance you money to prepare or
research the case, you have the right to know
periodically how much money your lawyer has spent
on your behalf. You also ,hare the right to decide,
after consulting with your lawyer, how much money
is to be spent to prepare a case. If you pay the
expenses, you have the right to decide how much to
spend. Your lawyer should also inform you wheth-
er the fee will be based on the gross amount recov-
ered or on the amount recovered minus the costs.
7. You, the client, have the right to be told by
your lawyer about possible adverse consequences if
You lose the case. Those adverse consequences
might include money that you might have to pay to'
your lawyer for costs and liability you might have
for attorney's fees to the other side.
8. You, the client, have the right to receive and
approve a closing statement at the end of the case
before you pay any money. The statement must
list all of the financial details of the entire case,
including the amount recovered, all expenses, and a
precise statement of your lawyers fee. Until you
approve the closing statement you need not pay any
money to anyone, including your lawyer. You also
have the right to have every lawyer or law firm
working on your case sign this closing statement.
9. You, the client, have the right to ask your
lawyer at reasonable intervals how the case is pro-
gressing and to have these questions answered to
the best of your lawyers ability.
10. You, the client, have the right to make the
final decision regarding settlement of a case. Your
lawyer must notify you of all offers of settlement
before and after the trial. Offers during the trial
must be immediately communicated and you should
consult with your lawyer regarding whether to ac-
cept a settlement. However, you must make the
final decision to accept or reject a settlement.
11. If at any time you, the client, believe that
your lawyer has charged an excessive or illegal fee,
You have the right to report the matter to The
Florida Bar, the agency that oversees the practice
and behavior of all lawyers in Florida. For informa-
tion on how to reach The Florida -Bar, call
904-561-5600, or contact the local bar association.
Any disagreement between you and your lawyer
about a fee can be taken to court and you may wish
to hire another lawyer to help you resolve this
disagreement. Usually fee disputes must be han-
dled in a separate lawsuit.
ity of Tamarac
Robert S. Noe, Jr. +DATE
City Manager
ep en T. Maher D to