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RESOLUTION NO.
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 day of , 2010.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
APPROVED:
�_s_ •
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
Additions shown by underlinine and deletions shown by eve '°gig.
FL40
RESOLUTION NO. 1 K_1 0 -1 31 49
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,OOD 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 11. The City Attorney is directed to sign the attached Letter Agreement of May 13,
2010 on behalf of the City of South Miami,
Section 111. The attached Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 2nd day guye2010.
Page 1 o f 2
Res. No, 115 -10 -13149
ATTEST:
AFIG
CITY CLERK
READ AND APPROVED AS TO FORM:
EY
APPROVED:
qjQv
MAYO
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
W: \MY Documents\ resolutions\ resolutlon87 _tohirebondcouncli,doc
Page 2 of 2
4 -0
Yea
Yea
absent
Yea
Yea
LWAL
WORLDWIDE
May 13,2010
Laurence Feingold, Esq.
City. Attorney
City of SouthMiarril, Florida
6130 SunSCt IirAVe
South Miami, Flo ;'ida 33143
Re: Mudiatpal Parldng Garage Indebtedness
lJear Mr,,Feiiigoid:
SQM:aV,SANbERS&.XnE omp L.L.P.
200 Souxhl3kmpeBotL6rd, ruhedr00
Mivmi, Fr. 33131
Qf x"t +(.30$.577,7000
Fax: +1.305.577.7001
On behalf of Squire, Sanders & Dbmpsey LL.P. ("Squire Sanders" or the "F.ixni " }, I am
pleased to subtriit"this letter to you, setting forth the terms upon which Squire Sanders agrees tb
provide legal. seavtces to the City.of south Miami, Florida (the "City ") in connection with certain
potential legal. issues'that have arisen with respect to the City's indebtedness that financed the
construction of its municipal parkutggarage (the "Garage Indebtedness").
Our'represeatatiofn of the City Will relate sorely to the Garage indebtedness. We
understand that-separate .eounseI wIII represeni the City. with respect to certain other matters that
have arisen, with respect to the-municipal parking garage.
A written engagement agreemertti's required or recoiimiciided by the lair of professional
ethics hi the jurisdictioris '"" Whicb. the Finn practiecs law. The engagement agreement between
ALI
us c'opsists of this letter and the enclosed Standard Terms. and Conditions :of Engagement
( "Standard. Terms'). The, engagement agreement is designccl to address out responsibilities to
cacti other and to outline foz,you certain important matters that are best established early as w`e
form an attorney-client relationship with you in'tbis matter. It is governed by the law of Florida.
We request that you review this agreement carefully.. gy.,prooseding; with this engagement you
will be indicating to us that you have:done so. it is important that you•review and understand the
terms of our relationship, such -as the section on ".Conflicts of interest."
Out professional fees for legal services rendered will be based on the, hourly billing rate
£or each poison deVotitig time id this Wattx r. Wo will also bill the City for'all client charges
M6,& or incurred iq connection, with our representadop, such as travel costs, photocopying,
courier deliveries, long distance telephone Aarges, telecopier charges, filing fees, computer -
assisted research,, preparation of documents amid othbr'expenses. Pteasc note that we will bill for
M1AMU42SO23.1,
SQU(Rii, SANDERS & DtNw5RY LL.P.
Laurence Feingold, ) -sq.
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 alternative 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 -mail clearly referencing this engagement agreement and agreeing to it.
However, even if you accept this engagement agreement.by 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 ttte
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.
Letter and Standard Terms Accepted,
including section on "Conflicts of Interest"
CITY OF SOI MIAMI, FLORIDA
c
By:
Laurence Feingold
City Attorney
LR:ge
Enclosure
MIAM11425023.1
Very truly our ;
�s l2�'ter
�.iG„fts- ..3
Date: 20T60
ST IRE LEGAL
S1"l1Vl./I COUNSEL
WORLDWIDE
July 6, 2010
Laurence Feingoid, Esq.
City Attorney
City of South Miami, Florida
6130 Sunset Drive
South Miami, Florida 33143
Re: Municipal Parking Garage Indebtedness
Dear Larry:
SQutR% SANDR.R9 & DEMPsEY L.L.P.
200 South Biscayne Boulevard, Suite 4100
Miami, FL 33131
Office: 1- 1.305.577.7000
Fax: +1.305.577.7001
Enclosed please find our statement for services rendered and costs incurred 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.
LR:ge
Enclosure
MIAM/4256657.1
Very truly yours,
L s Reiter
F, • ll ja
E
CITY CLERK 'S OFFICE
SQUIRE, SANDERS & Y}IEIV psFy L.L.P.
BEIJING- BRATISLAVA- BRUSSELS- BUDAPEST' CARACAS, CINCINNATI CLEVELAND- COLUMBUS FRANKFURT. HONGKONG HOUSTON, KYIV
LONDON, LOSANGELES- MIAMI, MOSCOW. NEW YORK- PALOALTO- PHOENIX' PRAGUE RIODEJANEIRO
SANFRANCISCO� SANTO DOMINGO- SAO PAULO- SHANGHAI• TALLAHASSEE TAMPA' TOKYO, TYSONSCORNER- WARSAW- WASHNGTONDC- WESTPALMBBACH
INDEPENDENT NETWORK FIRMS: BEIRUT � BOGOTA BUCHAREST BUENOS AIRES DUBLIN LA PAZ- LIMA- PANAMA � RIYADH• SANTIAGO
City of South Miami, Florida
Laurence Feingold, Esq.
City Attorney
South Miami City Hall
6130 Sunset Drive
South Miami, Florida 33143
Municipal Parkin Gara e
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, OI'1 45264
Bank Routing #042000013
Bank Account #576762314
For Wires outside the US:
US Bank, St. Louis MO 63101 USA
SWIFT Code: USBKUS44STL
Bank Account #576762314
Invoice Number:
Invoice Date:
Matter Number:
8564714
07/06/10
028597.00004
-11,63 1. D'U
$ 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