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Res No 118-10-13152RESOLUTION NO: 118-10-13152 A resolution of the Mayor and City Commission of the City of South Miami, Florida, employing Warren Trazenfeld to ascertain if former City Attorney Luis Figueredo and his law firm committed legal malpractice in his representation of The City of South Miami in conjunction with the City Municipal Garage; and providing for an effective date. WHEREAS, the citizens of South Miami have longed been dissatisfied with the terms and conditions of a fifty year lease on the City Municipal Garage; and WHEREAS, at all times pertinent, former City Attorney Luis Figueredo, and his law firm, represented the City in conjunction with the fifty year lease on the Municipal Parking Garage; and WHEREAS, it is verily believed that Mr. Figueredo may have acted below the Standard of Conduct required of lawyers acting in similar situations; and WHEREAS, such acts could and did indeed damage the City of South Miami; mm WHEREAS, Warren R. Trazenfeld is the leading malpractice lawyer in Florida, having among his government clients, the State of Florida, who regularly retains Mr. Trazenfeld in malpractice cases against lawyers; and WHEREAS, Warren. R. Trazenfeld has offered to look into the alleged allegations of malpractice against Luis Figueredo for no fee as indicated by the attached letter of June I, 2010, which letter is attached to and made a part of this Resolution as though fully set forth herein; and WHEREAS, the attached letter of Mr. Trazenfeld charges no fee whatsoever to the City of South Miami to determine this matter. NOW, THEREFORE, BE IT RESOLVEDBY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. Warren R. Trazenfeld is hereby employed as an attorney on behalf of the City of South Miami, pursuant to the terms and conditions of the attached letter of June 1, 2010 to determine if legal malpractice exists against Luis Figueredo and his law firm for their role as lawyers in the Municipal Panting Garage. Section II. The City Attorney is directed to sign the attached Letter Agreement prepared by Warren R. Trazenfeld on behalf of the City of South Miami. Section III. This Resolution shall take effect immediately upon adoption. Page I of 2 Res. No. 118 -10 -13152 PASSED AND ADOPTED this 2nd ATTEST: TY CLERK READ AND APPROVED AS TO FORM: of Jun (2010. WAlvly DocumentsVesolutionsVesolutins employing trvenfeld.doc Page 2 of 2 APPROVED: MAY R COMMISSION VOTE: 4 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: absent Commissioner Beasley: Yea Commissioner Harris: Yea N. WON WARREN R.TRnZENFELD, PA. A T T O R N E Y A T L A W May 17, 2010 VIA E -MAIL AND REGULAR MAIL Laurence Feingold, Esq, City Attorney of South Miami City of South Miami City Hall 5130 Sunset Drive South Miami, FL 33143 Re: Potential legal malpractice claim against Luis Figueredo Dear Mr. Feingold: My practice is to confirm in writing the identity of any client who I represent, the nature of my undertaking on behalf of that client and my billing and payment arrangements with respect to legal services. You have asked me to represent the City of South Miami in connection with obtaining a tolling agreement regarding a potential legal malpractice claim against Luis Figueredo, and any law firm he was associated with, and I am pleased to do so. The limited services outlined in this letter will be provided at no cost to the City of South Miami. At the conclusion of this matter, you may have the contents of your file. I will retain my personal notes, and other work product we mutually agree is necessary for me to retain. If you choose to leave all or part of your file in my possession, I will have the authority to destroy the file within thirty days from the date of the conclusion of this matter. This agreement constitutes the complete agreement with respect to my retention. If you want to retain me for representation for matters other than those described above, an additional agreement regarding such new representation will be necessary. Please contact me with regard to any questions you may have concerning this agreement; otherwise, please indicate your acceptance of the foregoing agreement by signing and dating the enclosed copy of this letter where indicated below and returning the signed and dated copy of this letter to me. An attorney- CERTIFIED IN LEGAL PROFESSIONAL LIABILITY CERTIFIED MEDIATOR 3225 Aviation Ave., Suite 600, Miami, Florida 33133 -4741 Tel 305.860.1100 Fax 305.858.6'123 wrt@trazlaw.com May 17, 2010 NVAN1' 2 of client relationship will not be established until l am in receipt of an executed copy of this letter. Thank you. Very truly yours, WARREN R. TRAZENFELD, P.A. By: Warren R. Trazenfeld, Esq. WRT:jb -• �� 01 CITY OF SOUTH MIAMI Name: t Title: Date: (U /. WARREN R.TKAZENFELD,PA. A T T O R N E Y A 'r L A W