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Res No 119-13-13937RESOLUTION NO. 119-13-13937 A Resolution authorizing the City Manager to expend an amount not to exceed $25,000 with Lewis, Longman & Walker, P.A. to provide the City of South Miami legal representation on pension matters, charging account 001.1500.514.3410, Legal Service Outside Litigation. WHEREAS, Lewis, Longman & Walker, P.A. will provide the City advice and representation on pension matters as directed by the City Manager; and, WHEREAS, the legal representation on pension matters is required for the City's Police Benevolent Association (PBA) negotiations; and, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT, Section 1. The City Manager is authorized to expend an amount not to exceed $25,000 with Lewis, Longman & Walker, P.A. to provide the City of South Miami legal representation on pension matters, charging account 001.1500.514.3410, Legal Service Outside Litigation. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 4th day of READ AND APPROVED AS TO FORM, LANGUAGE, GALITY AND EXECUTION THEREOF RN EY ,June , 2013 UA MTO MAYOR COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea Aq CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM. C+ To The Honorable Mayor .& Members of the City Commission FROM: Steven Alexander, City Manager GATE: May 30, 2013 Agenda Item No..; SUBJECT; A Resolution authorizing the City Manager to expend an amount:. not to. exceed $25. ,000 with Lewis, Longman & Walker; PA. to provide the 'City of South Miami legal representation on Pension matters, charging: account 00:1.1 50.0:5 1 4.34.10, Legal Service Outside Litigation. BACKGROUND*, Lewis, Longman & Walker, P.A. will ,provide the City advice and representation on pension, matters as directed by the City Manager: The legal representation, on pension matters is. requ.ii eri for; the. Clty's "Police Benevolent Association' _(PISA) negotiation's. Amount* An amount not to exceed $25;0.0.0.; Account:: '001.15 ,00.514:3410; Legal Services Outside Litigation; with a current balance of $136,61 °.0: ATTACHMENTS* Resolution #or approval. Lewis, Longman & Walker, PA, engagement letter. J LEWIS =� LONGMAN & WALKER I P.A. A 1- T 0 R N E Y S A 1' L A W June 10, 2013 Alftedo Riverol, CPA, Cr.FA, CGFM, CGMA Chief Financial Officer Finance Department City of South Miami 6130 Sunset Drive South Miami, FL 33143 REPLY To: TALLAHASSEE CONFIDENTIAL ATTORNEY /CLIENT PRIVILEGED Re: Legal Representation of City of South Miami — Pension Matters Dear Mr. Riverol: On behalf of the law firm of Lewis, Longman & Walker, P.A., thank you for the opportunity to work with you on the above matter. The terms and conditions of our representation are outlined below. 1. Services. Lewis, Longman & Walker, P.A. will provide advice and representation on pension matters. I will be the shareholder in charge of this matter and will be primarily responsible for providing and supervising the legal services required. I will be responsible for ensuring that this matter is staffed in a manner adequate and appropriate to the requirements of the representation. Glenn Thomas, a shareholder who works with me on pension matters, will also be involved in this matter. We will use our best judgment to determine the amount of time, who is to perform specific tasks and work, and the nature of the services to be performed in your best interests. 2. Professional Fees. I will be the primary attorney working on your matter and my standard hourly rate is $275.00. In addition to me, I may assign work to other attorneys or paralegals within the office, depending upon who can best do the work in the most efficient manner. The hourly rates for attorneys range from $195.00 to $275.00 per hour. The hourly rates for paralegals /law clerks range from $100.00 to $150.00 per hour. These rates will be in effect through December 2013 and may be modified annually thereafter in January of each BRADENTON 101 Riverfront Boulevard Suite 620 Bradenton, Florida 34205 p 941 - 708 -4040 • f 1941-708-4024 00210383 -1 See Things Differently JACKSONVILLE 245 Riverside Avenue Suite 150 Jacksonville, Florida 32202 TALLAHASSEE 315 South Calhoun Street Suite 830 Tallahassee, Florida 32301 p 904.353 -6410 f 1904-353-7619 p 1850-222-5702 • f 850 - 224 -9242 www.11w-law.com WEST PALM BEACH 515 North Flagler Drive Suite 1500 West Palm Beach, Florida 33401 p1561 -640 -0820 • f1561 -640 -8202 &: Alfredo Riverol, CPA, Cr.FA, CGFM, CGMA June 10, 2013 Page 2 &, subsequent year. We will provide you with our new rates along with the Firm's statement of services rendered in January of each year. 3. Costs and Expenses. The firm charges for costs and expenses incurred on your behalf for this representation. We have established a surcharge of 3.5% of fees to cover many of these costs and expenses. Attachment 1 sets forth the most commonly incurred costs and expenses and explains the terms of how they are billed as not every cost or expense is covered under the surcharge. We may advance these costs and seek reimbursement in our billings or we may at our discretion require you to deposit these costs with us before the costs are incurred. 4. Billing and Payment. We will bill you on a monthly basis for professional services rendered and expenses incurred in connection with this matter, less any retainer amounts applied against these services and expenses. You agree to pay the amount of each statement in full within twenty (20) days of the date the billing is received. Should you question or dispute any items or any statement, you agree to notify us in writing of any such question or dispute within fifteen (15) days of the date you receive the billing, and we will assume you do not have any dispute if we do not hear from you in that time. Any amounts remaining unpaid for more than thirty (30) days from the date of billing shall bear interest at the rate of twelve (12 %) percent per annum, until paid. 5. Client Documents. During the course of your matter, you may be required to provide to us documents such as pension plan documents, actuarial reports, etc. We will hold these records during the pendency of this matter. At the conclusion of this matter, you may contact us and make arrangements for the return of your records. It is your responsibility to secure the return of your records. We will retain the balance of your file for an appropriate time period. If arrangements are not made for the return of your records within six (6) years following the conclusion of your matter, they will be destroyed according to the guidelines set out in our Records Retention Policy. We sincerely thank you for choosing our firm to assist you in this most important matter. If you agree with the foregoing terms and conditions, please sign in the space provided at the bottom of the letter, return the original to me, and retain a copy for your records. On behalf of the Firm, I look forward to assisting you in this matter. Sincerely, ACCEPTED BY: 0. L_ 7. Linn JWL /es Enclosure 00210383 -1 CITY OF SO MIAMI By: Title: i°TL)AnCk O \ A MUPC Date:i ?t'1q ATTACHMENT 1 Cost/Expense Costs & Expenses Covered by The 3.5% Surcharge Delivery Charges Included within surcharge of 3.5% of hourly fees. Messenger Service Included within surcharge of 3.5% of hourly fees. Overnight Express Included within surcharge of 3.5% of hourly fees. Tele - facsimile Outgoing: Included within surcharge of 3.5% of hourly fees. Incoming: No charge Photocopying Inside copies: Included within surcharge of 3.5% of hourly fees. Secretarial Overtime No charge Telephone Charges Included within surcharge of 3.5% of hourly fees. Word Processing No charge Cost/Expense Costs & Expenses Not Covered by The 3.5% Surcharge Photocopying Outside services: Actual amount invoiced to firm. Travel -Local /Surface Reasonable mileage or actual rental charges. Travel - Out -of- -Town Intrastate: Actual common carrier charges for coach. Interstate: Actual common carrier charges for coach . ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... . . . . . . . . . . . . . . . . . . . . . . . . . ... . .... . . . . . . ................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... . . . . . . . . . . . . . . . . . . _ . . . . . . . . Meals /Accommodations: Lowest corporate seasonal rate available, reasonable business related meal expenses. Other Expenses Actual cost invoiced to the firm. In selected cases, these items may be directly invoiced from vendor to client. Computer Research Actual usage + proportionate share of base subscription. Court Reporters Direct invoice from vendor to client or paid from retainer. 00210383.1 0; CERTIFICATE OF LIABILITY INSURANCE 01 DATE(MMIDDIYYYY) 7/11/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER N NAME: Wells Fargo Insurance Services, USA P PHO 5 368 -2777 A 561} 226 -6: �. nennAA RFVISInN Nt1MR VVYL, \l1VLV THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER MMIDDYIYYYY MM10Dr EXP LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE f0 REWf A X COMMERCIAL GENERAL LIABILITY 21SBQBPOI60 7/1/2012 7/1/2013 PREMISES Eaoccurrence S 300,000 CLAIMS•MADE Fx1 OCCUR MED EXP (Any one person) $ 10 , 0.00 PERSONAL& AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2 , 000 , 000 POLICY PRa X LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 11 000 r oo0 (Ea accident) B ANY AUTO CN0100025404 7/112012 7/1/2013 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ - (Per accident) X MIRED AUTOS $ X NON- OWNEDAVTOS $ A UMBRELLA X 213BQBP8160 7/i/2012 7/1/2013 OCCUR EACH OCCURRENCE $ 5,000,000 _ •— X EXCESS LIAR CLAIMS -MADE AGGREGATE _ $ 510001000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X 1♦CAT�IUT- OTH- C AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNE (EXECUTIVE Y❑ N f A 21WBQXV5951 7/1/2012 7/1/2013 E.L. EACH ACCIDENT $ 140001000 OFFICERlMEMBER EXCLUDED? (Mandatory in NH) E.L DISEASE • EA EMPLOYE $ 1, 000, 000 If yes, describe under E.L. DISEASE - POLICY LIMIT 1 $ 1,000 000 DESCRIPTION OF OPERATIONS below D Professional Liaba i MNN 5079 01 2012 7/1/2012 7/1 2013 53 000 000 ag regate 56,006 retengion each claim DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 1010 Additional Remarks Schedu(e, if more space is required) RE. 2600 Centennial Place #100 Tallahaesee, FL 32308 For Information Purposes SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE lI 04 ©1988 -2009 ACORD CORPORATION. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD Page 1 of 1 rights reserved. For Information Purposes SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE lI 04 ©1988 -2009 ACORD CORPORATION. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD Page 1 of 1 rights reserved.