Res No 154-10-13188RESOLUTION NO. 154 -10 -13188
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, relating to attorneys' fees; approving attorneys' fees
for Squire Sanders and Dempsey, LLP in the amount of $31,912.19;
charging account no. 001.1500.514.3410 legal services - litigation; and
providing an effective date.
WHEREAS, the City Commission of the City of South Miami approved
Resolution No. 115 -10- 13149, employing the Law Firm of Squire Sanders and Dempsey,
LLP on behalf of the City of South Miami to serve as Bond Counsel for the City on an
"as needed" basis; and
WHEREAS, Squire Sanders and Dempsey, LLP submitted invoices to the City
for legal services rendered in the amount of $31,912.19; and,
WHEREAS, the City Attorney recommends payment of the attached invoices.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The invoices for attorneys' fees received from Squire Sanders and
Dempsey, LLP in the total amount of $31,912.19, are approved for payment; charging
account no. 001.1500.514.3410, Legal Services - Litigation, with a current balance of
$33,190.63.
Section 2. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 3rd day of August , 2010.
ATTEST: APPROVED-�
A h
CITY CLERK MAYO
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
c
CITY ATTORNEY
Additions shown by underlining and deletions shown by erg strikes.
M
Yea
Yea
Yea
Yea
out of room
RESOLUTION NO.
A Resolution of the Mayor and of the City Commission employing the law firm of
Squire Sanders, Luis Reiter as Bond Counsel of the City of south Miami in conjunction
with the City Municipal Garage and all other issues of public financing; and providing
for an effective date.
WHEREAS, the terms and conditions of the Municipal Garage lease to Mark Richman Properties
have been complex and controversial; and
WHEREAS, at all times pertinent since on or about 2002, former City Attorney Luis Figueredo or
his law firm have solely represented the City in conjunction with the transactions resulting in the
Municipal Parking Garage; and
WHEREAS, it is deemed necessary and proper to review, evaluate, and analyze the outstanding
Bond issues related to the aforesaid Municipal Garage, including 2002 Bond financing in the amount of
$6,500,000 and 2007 Bond financing in the amount of $5,500,000; and ,
WHEREAS, such review is traditionally done by Bond Counsel employed by the City but the
former City Attorney never sought to engage Bond Counsel; and
WHERAS, the intricacies of public financing are sufficiently complex so as to require that most
cities hire their own Bond Counsel; and
WHEREAS, our current City Attorney has recommended that the city of South Miami hire Bond
Counsel whose services are billed on a "as needed " basis for these purposes; and
WHEREAS, it is necessary to not only review the aforesaid existing public financing represented
by the existing bonds, but the City is also bound to consider other alternatives, such as refinancing said
bonds with more favorable interest rates when financially advantageous to the City; and
WHEREAS, the Squire Sanders Law Firm and Luis Reiter have consistently been rated number
one as Bond Counsel in the State of Florida for the years 2007, 2008, and 2009; and
WHEREAS, upon the recommendation of our City Attorney, the City Commission did on May 18,
2010 hire Squire Sanders for a one month trial period; and
WHEREAS, the performance of said firm in acting as Bond Counsel has been satisfactory to
date.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF SOUTH
MIAMi, FLORIDA:
Section 1. The Law Firm of Squire Sanders and Luis Reiter are hereby employed on behalf
of the City of south Miami pursuant to the terms and conditions of the attached letter of May 13, 2010 to
serve as Bond Counsel for the City of South Miami on an "as needed" basis.
Section il. The City Attorney is directed to sign the attached Letter Agreement of May 13,
2010 on behalf of the City of South Miami.
Section Ilt. The attached Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 2nd dap � 2010.
Page 1 of 2
Res. No, 115 -10 -13149
ATTEST:
A ERK
READ AND APPROVED AS TO FORM:
APPROVED:
8QV
MAYOli
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
W: \My Docume nts\ resolutbns Vesoludvn97_tohimbondmuncil.doc
Page 2 of 2
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Yea
absent
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May 13,2416
Laurence Feingold,lsq.
City la dorney
City of souti Miatrrii, Florida
6130 Sunset liirvG .
SouthMiarmi, Flo ;ida33143
Rm Muriid Pal Parking Garage indebtedness
Deas'1Vlr, i~oirigoid:
On behalf of Squire, Sanders & 17empsey L,L.P. ("Squire Sanders" or the "`Faris °}, l aul .
pleased to submit "this ldttai to you, setting foitlz. tiie terxris upon wbich Squire Sanders agrees tq
provide legal s& ices to the City.o£South Mzakmi, liok da (the "City") in cbnvreetion with certain
potpritial legal issues that have arisen . s 6fl respect to the. City's indebtedness flzat financed The
construction ofits municipal pgkuig'gat age (the "Garage indebtedness" ).
Our 'represdutatloti of the City Will relate sbiely to the Garage Indebtedness, We
andeistana that,separats .eoutzsei will represent the City, with respect to certain other matters that
Have arisen, with respect to die munioipal parking garage.
s vtittem ex gagemenL agreement is reyulrod dX
recommended by the lady of proftsfotzat
r titles in tic jr?xisdxctiors la y✓hlcliihe Fizxii.pr&ctic�s law. The enogernent agreement baYwBOn
us cirosists of this letter, and thq eliclosed Standard 'forms• and Conditions :of Enttgagetment
( "standard. Terms,'). 'The engagement agreement is (leoped to address our responsibilities to
each other and to outline for,you certain lmpoitant Wafters that are best establisima early as we
form an atiokney- cliemY relationship with you im•this matter. It is governed by die lays bfFiorida.
We request that ysu review this agreement carefully. By. proeeedWgr with this engagement you
will be indicating to us that you hayeMOne so. yt is imp'okta t that you -review and understand.-die
terins of our relat onshlp, such.as the section on "Conflicts of lnteresUi
Out professional, fees for legal set4ices rdMered will be based on did hourly billing rate
fdr eadi, poison degotitig time td this 3natiP. We will also 'bill the City l'or'all client obarges
made or incurred in eonucction With our representation, su)[k as travel costs, photocopying,
courier detiverles, long distance telephone charges, •talectipier charges, filing flea, computer
assisted research,, preparafiotr of documents and'ddrer expenses. Please note that we tivill bill for
MFAMil4254¢2iJ,
SQUFRt, SANDOW & DEMMY t..t..F.
Laurence Feingold, Esq.
City of South Miami, Florida
May 13, 2010
Page 2
such fees and other charges on a monthly basis and payment is due within 30 days of the date of
each statement.
Any of the following alteriratve methods for acceptance of this engagement agreement
will be effective: (i) signing and returning the Copy of this letter that is enclosed for that
purpose, or (ii) assigning us work, including continuing any previous assignment of work, or (iii)
sending us a letter or e -inail clearly referencing this engagement agreement and agreeing to it.
However, even if you accept this engagement agreement vy methods (ii) or (iii), I would
appreciate it if you would confirm your acceptance by countersigning the enclosed copy of this
letter and returning it to me. If you do not agree with one or more of the provisions of the
engagement agreement, please contact me so that we can try to address your concerns,
Throughout our relationship, we want you to be satisfied with the professional services
that we perform on your behalf. Accordingly, we encourage You to contact us just as soon as
you have any questions or concerns regarding our services or our fees.
Leiter and Standard Terms Accepted,
including section on "Conflicts of Interest"
CITY Of SOl MIAMI, FLORIDA
By:
Laurence Feingold
City Attorney
L l2:ge
Enclosure
MAM11425023.1
Very truly our
1�
is R4,Ir
mate: May —_ 20l n
SQUIRE COUNSEL
S.&N Eps WORLDWIDE
July 6, 2010
Laurence Feingold, Esq.
City Attoniey
City of South Miami, Florida
6130 Sunset Drive
South Miami, Florida 33143
Re: Municipal Parking Garage Indebtedness
Dear Larry:
Soulne, SnxDrazs & Drarrssr L LP.
200 Smith Biscayne Boulevard, Suite 4100
Miami, FL 33131
Office: +1.305.577.7000
Fax: +1.305.577.7001
Enclosed please find our statement for services rendered and costs incensed for the month
of June, 2010 in connection with the captioned matter.
We appreciate. the opportunity of being of service to the City. Should you have any
questions, please do not hesitate to call.
Very truly yours,
Reiter
LR:ge
Enclosure
MIAM114256657A
CLERK'S
I
SQUIRE, SANDERS & DPMiPSIEY L.L.P.
BEUING- BRATISLAVA, BRUSSELS, BUDAPEST • CARACAS, CINCINNATI- CLEVELAND COLUMBUS. FRANKFURT- HONGKONG- HOUSTON KYIV
LONDON LOS ANGELES- MIAMI MOSCOW • NEW YORK PALO ALTO- NOENIX- PRAGUE,- RIO OE JANEIRO,
SANFRANCISCO� SANTO DOMINGO- SAO PAULO- SHANGHAI' TALLAHASSEE, TAMPA- TOKYO- TYSONs CORNER• WARSAW- WASHINoTONDC- WESTPALMBEAC41
INDEPENDENT NETWORK FIRMS: BEIRUT � BOGOTA BUCHAREST, BUENOS AnzE s- DUBLIN - LA PAZ, LIMA -PANAMA• RIYADPC'SANTIAGO
City of South Miami, Florida
Laurence Feingold, Esq.
City Attorney
South Miami City Hall
6130 Sunset Drive
South Miami, Florida 33143
Invoice Number:
Invoice Date:
Matter Number:
8564714
07/06/10
028597.00004
Municipal Parking Garage
INVOICE SUMMARY
Fees:
Disbursements:
Amount Due for this Invoice:
Remit Check Payments to:
Squire, Sanders & Dempsey L.L.P.
P.O. Box 643051
Cincinnati, OH 45264
Phone: 216.687.3400
Fax: 216,687.340I
PAYMENT INSTRUCTIONS
Remit Wire Payments to:
Squire, Sanders & Dempsey L.L.P.
US Bank
425 Walnut St. Cincinnati, OH 45264
Bank Routing #042000013
Bank Account #576762314
For Wires outside the US:
US Bank, St. Louis MO 63101 USA
SWIFT Code: USBKUS44SfL
Bank Account #576762314
31,831.50
$ 80.69
$ 31,912.19
Direct Billing Inquiries to:
Estate of Kenneth M. Myers
200 South Biscayne Boulevard
Suite 4000
Miami, FL 33131 -2398
United States
Phone; +1.305.577.7000
Fax: +1.305.577.7001
email: aestrada@ssd.com
Please Include Reference Number 8564714.28597 with all Payments
Tax identification Number 34-0648199