9To: The Honorable Mayor & Members of the C ommission
From: Laurence Feingold, City Attorney 4a� -„�'
Date: September 13, 2010 Agenda Item No.:
A Resolution of the Mayor and City Commission of the City
of South Miami, Florida, relating to attorney fees; approving
Subject: attorney fees for Squire Sanders and Dempsey, LLP in the
amount of $46,908.64; charging account No.
001.1500.514.3410; and providing an effective date.
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
Background: South Miami to serve as Bond Counsel for the City on an
"as needed" basis; Squire Sanders and Dempsey, LLP
submitted invoice for the services rendered in August of
2010 to the City in the amount of $46,908.64
Supporting
Documentation: Invoice No. 8578854
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RESOLUTION NO.
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, relating to attorney fees; approving attorney fees for Squire
Sanders and Dempsey, LLP in the amount of $46,908.64; charging account
No. 001.1500.514.3410; 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 invoice for the services
rendered in August of 2010 to the City in the amount of $46,908.64; 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 $46,908.64 are approved for payment; charging account
No. 001.1500.514.3410, with a current balance of $12,438.19 and an anticipated balance of
$119,438.19, after the approved Budget Transfer.
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:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
Additions shown by underlining and deletions shown by e .,_strikin .
SQUME, SANDERS & ]DEMPsEY L.L.P.
SEUING • BRATISLAVA • BRUSSELS • BUDAPEST. CARACAS • CINCINNATI • CLEVELAND • COLUMBUS • FRANKFURT • HONG KONG • HOUSTON • KYIV
LONDON • LOS ANGELES • MIAMI • MOSCOW • NEW YORK • PALO ALTO - PHOENIX • PRAGUE, RIO DEJANr= -
SANFRANCISCO• SANTO DOMINGO -SAO PAULO, SHANGHAI. TALLAHASSEE. TAMPA• TOICYO• TYSONS CORNER• WARSAW• WASHINGTONDC• WESTPALMBEACR
INDEPENDENT NETWORK FIRMS: BEIRUT • BOGOTA BUCHAREST - BUENOS AIRES• DUBLIN • LA PAZ - LIMA • PANAMA • RIYADH - SANTIAGO
City of Soutb Miami, Florida
Laurence Feingold, Esq.
City Attorney
South Miami City Hall
6130 Sunset Drive
South Miami, Florida 33143
:Municipal Parking Garage
INVOICE SUMMARY
Fees: -
Less Discount on Services:
Disbursements:
Amount Due for this Invoice:
Remit chCelt Payments to:
Squire, Sanders & Dempsey L.L.P.
P.O. Box 643051
Cincinnati, OTi 45264
Phone: 2I6.687.3400
Fax: 216.687.3401
PAYMENT INSTRUCTIONS
Remit wise 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: USBICUS44STL
Bank Account #576762314
Invoice Number:
Invoice Date:
Matter Number:
8578854
09/07/10
028597.00004
$ 51,378.00
$ (5,137.80)
$ 668.44
$ 46,908.64
Direct Billing Inquiries to:
Estate of Kenneth M. Myers
200 South Biscayne Boulevard
Suite 4000
Miami, FL 33 131-23 98
United States
Phone: +1.305.577.7000
Fax: +1.305.577.7001
email: aestrada@ssd.eom
Please Include Reference Number 8578854.28597 with all Payments
Tax Identification Number 34- 0648199
SQUIRE, SANDERS & DEMPSEY L.L.P.
BtU[NG• BRATISLAVA• BRUSSELS• BUDAPEST• CARACAS, CINCINNATI. CLEVELAND COLUMBUS FRANKNRT- BONG KONO- HOUSTON ICYIV
LONDON - LOS ANGELES • MIAMI • MOSCOW • NEW YORIC. PALO ALTO - PHOENIX • PRAGUE • RIO DEIANEIRO
SANFRANCISCO- SANTO DOMINGO -SAO PAULO- SHANGHAI. TALLAHASSEE. TAMPA. TOKYO, TYSONSCORNER- WARSAW- WASHINGTONDC• WESTPALMBEACH
INDEPENDENT NETWORK FIRMS: BEIRUT • BOGOTA BUCHAREST • BUENOS AIRES- DUBLIN • LA PAZ - LIMA - PANAMA • RIYADH - SAN77AGO
City of South Miami, Florida
Laurence Feingold, Esq.
City Attorney
South Miami City Fall
6130 Sunset Drive
South Miami, Florida 33143
REMI'T'TANCE COPY
Invoice Number:
8578854
Invoice Date:
09/07/10
Matter Number:
028597.00004
Municipal Parking Garage
INVOICE SUMMARY
Fees: $ 51,378.00
Less Discount on Services:
Disbursements:
Amount Due for this Invoice:
Bengt Check Payments to:
Squire, Sanders & Dempsey L.L.P
P.O. Box 643051
Cincinnati, OH 45264
Phone: 216.687.3400
Fax: 226.687.3401
PAYMENT INSTRUCTIONS
Remit If1rePayments to:
Squire, Sanders & Dempsey L.L.P.
US Bank
425 Walnut St. Cinchnati, OH 45264
Bank Routing #042000013
Bank Account #576762314
For Wires outside the US:
US Bank, St. Louis MO 63101 USA
SWIFT Code: USBICUS44STL
Bank Account #576762314
$ (5,137.80)
$ 668.44
$ 46,908.64
Direct Bitting b:gairies to:
Estate of Kenneth M, Myers
200 South Biscayne Boulevard
Suite 4000
Miami, FL 33131 -2398
United States
Phone: +1305.577.7000
Fax: +1.305.577.7001
email: aestrada@ssd.com
Please Include Reference Number 8578854.28597 with all Payments
Tax Identification Number 34- 0648199
09/07/10
Page 1
MUNICIPAL PARKING GARAGE
SQUIRE, SANDERS & DEMPSEV L.L.P.
028597.00004
South Miami, City of/ Municipal Parking Garage
invoice Number: 8578854
08/05/10 0.50 D. Wall Review and evaluate draft VCAP submission and emails regarding same; emails with Larry
Feingold regarding potential insurance coverage.
LEGAL SERVICES
DATE HOURS TIMEKEEPER
NARRATIVES
08/01/10 0.30 J. Hutchinson
Initial drafts to VCAP submission.
08/02/10 3.50 J. Hutchinson
Edits to VCAP submission request and teleconference regarding same.
08 /02/10 2.60 D. Wall
Preparation for SEC and South Miami officials meetings on August 3; emails regarding tax
exemption issues and SEC status, and evaluation of SEC and tax issues.
08/03/10 1.50 T. Cooper
Review supplemental submission draft, mark up, email to arrange time to review tomorrow
morning.
08/03/10 1.00 T. Cooper
Telephone conference to plan for Commission meeting.
08/03/10 6.30 J. Hutchinson
Drafts to VCAP submission; teleconference regarding same; email correspondence regarding
same; review of initial submission regarding same.
08/03/10 6.40 D. Wall
Meetings with Mayor Stoddard, Commissioner Valerie Newman, Commissioner Walter Harris,
Larry Feingold and Luis Reiter regarding status of SEC and M matters; meeting with Sue
Curtin, Teresa Verges and additional SEC enforcement office attorney regarding SEC
investigation; telephone call regarding IRS matter status; prepare for meetings with SEC and
South Miami officials.
08/04/10 3.40 T. Cooper
Telephone conference to provide comments, telephone conference with A. Riverol and left
message regarding governmental use from league bonds and additional date on city imancWs,
status to incorporate in VCAP; review revised draft, comments, telephone conference witb A.
Riverol regarding developer loan, public improvements, forensic auditors, telephone
conference with A. Riverol regarding 2010 budget, layoffs, decreased revenues.
08/04/10 6.50 J. Hutchison
Teleconference with Mr. Riverol regarding response to VCAP; teleconference; edits to VCAP
response.
08/04/10 0.70 D. Wall
Emails with Alfredo Riverol regarding MRP payments and use of bond proceeds; emails
regarding VCAP and evaluate issues for VCAP submission to IRS.
08/05/10 1.50 L. Reiter
Review and comment on IRS Supplemental Submission.
08/05/10 0.50 D. Wall Review and evaluate draft VCAP submission and emails regarding same; emails with Larry
Feingold regarding potential insurance coverage.
09/07/10
Page 2
08/06/3.0
08/06/10
08/07/30
08/07/10
08/07/10
08/07/10
08/08/10
08 /08/10
08/08/10
08/09/10
SQUIRE, SANDERS & DrMPSEN, L.L.P.
028597.00004
South Miami, City of / Municipal Parking Garage
Invoice Number: 8578854
2.80 T. Cooper Review comments, edit draft supp, submission, telephone conference regarding IRM and 110%
of exposure if more than 180 days after discovery.
2.80 D. Wall Review and revise draft submission to IRS VCAP program; review documents for factual
information for VCAP submission, emails regarding same.
4.30 T. Cooper Review comments on revised draft of supp. submission, email exchanges regarding same;
research of IRM regarding who has to sign given no actual knowledge and regarding penalties
of perjury; make changes and circulate draft, conference call to review and edt submission, fix,
redline and send to A. Riverol and L. FeingoId.
2.50 J. Hutchinson Review of drafts of VCAP submission; review of applicable Internal Revenue Manual
provisions governing elements of VCAP submission and required declarations and penalties of
perjury statements; teleconference.
2.80 L. Reiter
2.40 D. Wall
0.60 T. Cooper
1.00 J. Hutchinson
0.90 D. Wall
0.50 J. Browning
08/09/10
2.80
T. Cooper
08/09/10
1.50
J. Hutchinson
08/09/10
1.80
L. Reiter
08/09110
3.10
D. Wall
Preparation of VCAP submission; comments regarding same.
Review and evaluate draft VCAP submission to W and conference call regarding revisions to
same.
Email exchange with L. Feingold regardiig draft of supp. submission, email exchanges
regarding same.
Review of VCAP submission edits and email correspondence with internal working group
regarding same.
Work on factual issues for VCAP submission and emails with Larry Feingold regarding same.
Talks regarding audit matters.
Telephone conference regarding paragraph 3 of statements of good faith; conference call with
L. Feingold regarding same, revise per L. Feingold's comments and redline out internally, send
clean to J. Theberge.
Teleconference regarding updated submission; email correspondence regarding same.
Review of e-mails and responses regarding issues raised by L. Feingold; conference tail with L.
Feingold to resolve issues; review of new draft of WAY submission.
Multiple emails with Larry Feingold regarding VCAPsubmission, tax law requirements for
avoiding private activity bond finding; conference call with Larry Feingold regarding VCAP
submission revisions; review and evaluate revised VCAP submission language.
SQVWX,, SANDERS & DFmPSEy L.L.P.
028597.00004
09/07/10 South Miami, City of / Municipal Parking Garage
Page 3 Invoice Number: 8578854
08 /10 /10 0.60 T. Cooper Email exchange regarding developer does not pay on $300,000 portion of 2008 E of A loan
because that was the street and sidewalk project.
08/10110 0.60 J. Hutchinson Voicemail and email correspondence with Mr. lMverol regarding use of proceeds for qualified
proposes.
08/10/10 2.80 D. Wall Work on development of search terms for email searches requested by the SEC; emails with
Larry Feingold and Alfredo Riverol regarding email searches requested by the SEC, VCAP
submission and factual information for same, use of bond funds; telephone call Mb Alfredo
Riverol regarding ernail server and searches.
O8 /11/10 1.00 T. Cooper Review J. Theberge's redline draft of VCAP supplemental submission, email exchange
regarding we are signed off on J. Theberge's changes and that we will share the SEC
submission.
08/11/10 0.20 J. Hutchinson Review of correspondence with IRS regarding VCAP.
08/11/10 210 D. Wall Compile and revise draft lists of search terms and files for email searches requested by the
SEC; emails and telephone calls with Larry Feingold, Alfredo RiveroI, Dennis Dublois (City's
information technology contractor), Sue Curtin (SEC enforcement attorney) regarding email
searches for SEC, League of Cities revisions to draft VCAP submission, Luis Figueredo public
records request, revisions to email search Iists, and evaluation of same.
08/12/10 2.70 T. Cooper
Telephone conference regarding L. Feingold's sign off, email to J. Theberge authorizing, email
exchange with J. Theberge regarding delete "that" in first paragraph of Resolving Norrqualified
Use, email exchange with J. Theberge regarding add loan agreement; to list of enclosures,
email to J. Theberge regarding need clean copy for signature page, email exchange regarding
completed VCAP package for SEC; email exchange with J. Theberge regarding he needs 2009
loan agreement, pdf loan agreement to J. Theberge, telephone conference with L. Feingold
regarding sending his signature by FedEx; review email from J. Theberge regarding keeping
BM0 apprised, email regarding same.
08/12110 0.20 J. Hutchinson
Email correspondence with working group.
08/12/10 0.40 D. Wall
Evaluate revisions to draft VCAP submission, and emails with Larry Feingold regarding same
and regarding sharing of information with 13MO.
08/13/10 1.20 T. Cooper
Email exchanges regarding sharing VCAP information with EMO, email to L. Feingold
regarding same, telephone conference with J. Theberge regarding same, email exchange with L.
Feingold regarding same.
08/13/10 0.90 D. Wail
Review and evaluate final draft VCAP submission and review official statement attachments;
emails with Larry Goldfein and John Theberge related to same and factual information,
09/07/10
Page 4
08/15/10
08/16/10
08/17/10
08/17/10
08/17/10
08/19/10
08/19/10
08/20/10
08/23/10
08/23/10
08125/10
08/26/10
08/27/10
08/27/10
SQUIRE, SANDERS & DEMPSEY L.L.P.
028597.00004
South Miami, City of / Municipal Parking Garage
Invoice Number: 8578854
document production to SEC, sharing of VCAP submission with BMO.
1.10 D. Wall Compile information regarding City covenants and representations and emails with Larry
Feingold and Warren Trazenfeld regarding same.
0.90 D. Wall Telephone call with Ana Santa Ana regarding Municipal Insurance Trust coverage; telephone
call with Larry Feingold regarding SEC investigation; emails with Larry Feingold, Alfredo
Riverol and Luis Figueredo regarding SEC investigation, email searches, relevant City
documents, BMO conflicts.
0.30 T. Cooper Telephone conference regarding no tax law rules governing public records.
0.30 A. Goth
0.70 D. Wall
0.30 T. Cooper
0.30 D. Wall
0.10 D. Wall
0.30 T. Cooper
0.20 D. Wall
0.10 D. Wall
0.10 D. Wall
1.30 D. Wall
3.40 S. Young
08/28/10 3.30 D. Wall
Review data volume from vendor and approve for shipment to SEC.
Telephone call with City's insurance counsel regarding potential claims, status of SEC and IRS
matters, and background facts relevant to possible claims and insurance coverage; letter to Sue
Curtain (SEC enforcement attorney) regarding VCAP submission toIRS.
Review and e-mails regarding N7 settlement with SEC.
Emails with Alfredo Riverol, Larry Feingold and Dennis Dublois regarding SEC investigation
and email searches.
Emails with Dennis Dublois regarding email search progress.
Telephone conference with I. Theberge and S. Haycock.
Emails with Dennis Dublois, Emily Cardoso and Alfredo RiveroI regardingemail searches.
Emails with Emily Cardoso regarding email searches.
Emails with Emily Cardoso regarding email searches and CDs.
Emails with Larry Feingold and Warren Trazenfeld regarding documents requested, and
compile documents; review and evaluate disks of emails received from City's IT consultant
today.
Search electronic database and retrieve documents requested by Laurence Feingold; work
regarding the same.
Review and evaluate City of South Miami emails from City's IT consultant, review and evaluate
Adriana Hussein email folders for content, and evaluate searches for relevant documents for
production to SEC.
SQUIRE, SANDERS & DEMPsEY L.L.P.
028597.00004
09/07/10 South Miami, City of/ Municipal Parldng Garage
Page 5 Invoice Number: 8578854
08/29/10 0.50 D. Wall Emails with Larry Fehrgold regarding documents in Hussein folder and emaii search status and
process.
08/30/10 0.40 D. Wall Collect: requested documents and email Warren Trazenfeld regarding same; emailswith Larry
Fehigold and Alfredo Riverol regarding parking garage expenses.
08/31110 1.90 A: Goth Call with IC Gutlileben, D. Wall and S.J. Young regarding exclusionary search terms (.8); Run
exclusionary search temps to identify norrrelevant materials (1.1)
08/31/10 2.00 IC. Guthleben Load 14 Consultant CDs provided by Finance Director -- City of South Miami.
08/31/10 1.00 K. Guthleben Teleconference to prepare exclusion list for searching 371 pst files from Consultant CDs to
reduce universe of document to review.
08/31/10 0.90 D. Wall Narrow and refine terms for email assessment and conference with IT people regarding same,
and regarding ways to reduce volume of emails which need to be reviewed or produced.
08/31/10 1.50 S. Young Work with Don Wall and litigation support regarding client a-mails and options to eliminate
those documents that are not pertinent to the on -going lawsuit; address various searches to be
conducted regarding multiple search terms to assist with document production to the SEC.
TOTAL HOURS FOR THIS MATTER:
TOTAL SERVICES:
DISBURSEMENT SUMMARY
Express Mail - Fedex VENDOR: FEDERAL EXPRESS INVOICE#: 719490948 DATE: 8/18/2010
FedEx Delivery; Tracking :792203845208 Send By: Todd L Cooper - Squire, Sanders &
Dempsey LLP Shipped On: 08122010; Shipped to: John Theberge, Holland & Knight, ;
2099 Pennsylvania Ave NW Ste 1, WASHINGTON, DC 20006; Received Orn
08132010;028597.00004
Express Mail - Fedex 'VENDOR: FEDERAL, EXPRESS INVOICE #: 720295059 DATE: 8/25/2010
FedEx Delivery; Tracking :971292538788 Send By: Wall Donald A SQUARE
SANDERS & DEMPSEY LLP Shipped On: 08172010; Shipped to: Sue Curtin Senior
Counsel, U S Securities and Exchange, ; Southeast Regional Office, MIAMI, FL 33131;
97.60
$ 51,378.00
11.32
13.66
09/07/10
Page 6
Received On: 08182010; 028597.00004
Online services - Lexis/Nexis
Image Printing
Printing/duplicating-in-house
Telephone
TOTAL DISBURSEMENTS:
MATTER TOTAL
SUBTOTAL SERVICES:
LESS 10.0% DISCOUNT:
SERVICES LESS DISCOUNT:
TOTAL DISBURSEMENTS:
TOTAL AMOUNT DUE FOR THIS MATTER:
SQUIRE, SANDERS & DEMPSEY L.L.P.
028597.00004
South Miami, City of / Municipal Parking Garage
Invoice Number: 8578854
0.03
437.40
10.26
195.77
$ 668.44
$ 51,378.00
S (5,137.80)
$ 46,240.20
$ 668.44
$ 46,908.64
S((�"��T TT'f) T_' LEGAL
SANDERS I WORLDWIDE
September 8, 2010
Alfredo Riverol, CPA Cr.FA
Finance Director
City of South Miami, Florida
6130 Sunset Drive
South Miami, Florida 33143
Re: Municipal Parking Garage Indebtedness
Dear Alfredo:
SQ=E, SANDERS & DBwSEY L.L.P.
200 South Biscayne Boulevard, Suite 4100
Miami, PL 33131
Office: +1.3GS.577.7000
Pax: +1.305.577.7001
Enclosed please find our statement for services rendered and costs incurred for the month
of August, 2010 in connection with the captioned matter. As you will see, the statement reflects
the agreed -upon 10% discount.
As we have discussed with Larry, our monthly invoices will vary from month to month
based on the work having to be done during the month and prior invoices have been below the
$30,000 average monthly invoice estimated by Larry. In fact, on an average basis over the four
months we have invoiced the City, including the enclosed invoice, the average has been below
$30,000.
The larger invoice for this month reflects the fact that during the month of August, we
spent a very substantial amount of time preparing the IRS VCPA submission, discussing it with
counsel to the FMLC and filing the same with the IRS, as well as preparing for and meeting in
person with the SEC. You will note from the invoice that, as I had promised Larry, although I
devoted much time to this matter during August, very little of my time was billed to the City.
Finally, as also discussed with Larry, we have not billed the City for Don Wall's travel
costs to Miami in order to appear before the Commission and meet with the SEC.
We appreciate the opportunity of being of service to the City. Should you have any
questions, please do not hesitate to call
Very
Reiter
LR:ge
Enclosure
cc: Laurence Feingold, Esq.
NOAMIi4258984.1