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15-
RESOLUTION No.
A Resolution of the Mayor and the City Commission of the City of South Miami,
Florida authorizing the current City Attorney to add the duties of labor attorney
to his existing contract, and to place a one -year term on the existing contract of
the City Attorney; providing an effective date.
WHEREAS, the City of South Miami does not have a labor lawyer since the departure of
former labor lawyer James Crosland; and,
WHEREAS, it has been determined that the cost of a labor lawyer is at least $50,000 per year;
and,
WHEREAS, it is in the best interest of the City of South Miami to have our current City
Attorney perform the functions of labor attorney at no additional charge.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section I. That it is the desire of the City Commission to have the current City Attorney, to be
hereby empowered to do the additional task of labor law at no additional charge.
Section 2. All the terms and conditions of the attached agreement, dated August 12, 2010, as
amended by this resolution, shall be in full force and effect as a binding contract of employment for
a set term of one year, starting January 18, 2011 and terminating January 17, 2012.
All prior references to term and termination contained in the original agreements of
August 12, 2010, and September 1, 2009, be and the same are hereby rescinded as this resolution
supersedes any prior reference to term and termination.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this , day of , 2011.
ATTEST: APPROVED:
CITY CLERK
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer
Commissioner Barris:
Law Offices
Laurence Feingoid
Professional Association
August 12, 2010
Alfredo Riverol
Finance Director
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Dear Mr. Riverol:
Attached here is my September 2009 letter to former Mayor Feliu, wherein I proposed
the terms and conditions of my initial employment, commencing with September 154,
2009, as Interim City Attorney which position was converted into Permanent City
Attorney.
It is necessary and proper to modify the attached letter of September 154 2009 to reflect
terms that were added afterwards during my first fiscal year of employment.
By way of example, my monthly fee of $16,700 was spelled out quite clearly, but
nowhere in said letter does it allude to the fact that the correct proportion of my monthly
fee is 80 percent to be assumed by the City of South Miami and 20 percent to be assumed
by the SMCRA.
It is most important and vital that these prorata payment of my monthly attorney's fees by
these two city agencies be spelled out on the 80 -20 basis that was to be followed during
the fiscal year with September 1", 2009.
Also note that despite references to labor law it was clearly understood that Jim
Crossland retained his services as labor counsel for the City and for the SMCRA for the
fiscal year September 1s4, 2009.
There is an open item that will affect future years, namely Mark Goldstein has
considerable experience in the field of labor law and thus the Feingold Goldstein team is
willing to consider for future years assuming the duties of labor counsel at a flat fee of
$50,000.
I trust this clarifies this matt
Sincere ,
L enee Feingold
City Attorney
Law l7)rrces
Laurence Feingold
Murray B. Weil, Jr, ,prt�fcicetptalAssociation
S. David Sheffman, ).D., I.G.B.
of Counsel Attorney /Mcdfator
Admitted in Florida & Massachusetts
September 1, 2009
Mayor Horace G. Feliu
City Commissioners
6130 Sunset drive
South Miami; Florida 33139
Ladies and Gentlemen:
I have been contacted by several Commissioners because I am a South Miami
resident and have considerable experience as a City Attorney in Miami Beach.
As a concerned South Miami resident (6620.SW 581h Street) i would be happy to
help solely and entirely on an Interim basis until South Miami can hire a
permanent City Attorney.
I will charge a non - refundable monthly fee in the amount of $16,700.00 which
vests on the first of every month and which services include my assistant, Mark
Goldstein, who will be compensated solely by me.
Mark Goldstein served as I did in the Miami Beach City Attorneys office followed
by his 3 & 1/2 year tenure as the full time City Attorney of Hallandale. Thus
South Miami would have available two (2) retired City Attorneys. We will not
"double dip" on our charges for the same services at any time but t verily believe
South Miami will need both of us on a interim basis particularly because of
potential scheduling conflicts that could occur at the inception of being on board
plus the fact that this is the budget period for our city.
This letter will confirm my application to offer the City of South Miami my services
as Interim City Attorney.
These services would include everything namely attendance at commission
meetings ,all workshops including budget, preparation and review of resolutions
and ordinances, attendance at Board meetings, conferences with Commissioners
and staff as required on any legal or ethical issue, executive sessions when
required, election supervision , all aspect of tabor law including contract
negotiations and litigation as well as the myriad of other duties required of a City
Attorney in cities like Miami Beach or Hallandale.
The costs of these services which includes my Assistant, Mark Goldstein will be
in the amount of $16,700.00 every month payable and vesting on the first of
every month, even if the interim services terminates during that month.
207Ltnebin Road ,Suite 703
,Vkamt Reach, Blmrda 3313,9
p05) s38as8s • rrox (305) 538-7875
Yes, you will not be required to have outside counsel for labor matters including
litigation under the above $16,700.00 projection. I served many years as
industrial relations Counsel for Aero Mexico in its ongoing conflicts with US
employees.
Mark's resume in this field Is spotless as his record will attest to. During 3 & 112
years as City Attorney of Hallandale, he never lost a single labor case whether
arbitration, civil service or lawsuit. There are numerous published decisions
wherein Mark successfully represented Miami Beach and then _Hallandale in
employment cases.
Interestingly enough, neither Mark nor I have found a case where it states you.
require outside counsel when a City Manager sues the City. In fact, logic
dictates the opposite since it is the City Attorney who is designated to represent
the City, so why would we defend a suit brought by a garbage worker but not one
by a city manager ?? Now sometimes policy reasons...... such as a friendship
between the City Manager and City Attorney or a feeling that too much is at stake
can cause a City to use outside Counsel but there is no legal basis for not
defending the City Manager's lawsuit in house.
Finally, the above $16,700.00 monthly fee Includes all other litigation besides
labor matters and it will be a rarity when the Commission and City Attorney
mutually agree that outside'counsel is required. If Feingold deems it necessary
to bring in another retired City Attorney to cover the City s needs, then, in that
event, Feingold shall compensate said attorneys from his own pocket without
extra costs to the City.
This proposal does not include costs or salaries of supporting city staff but is
solely limited to fees or salary paid actual attorneys.
To put it simply, the Feingold /Goldstein team will serve as interim City Attorneys
under Laurence Feingold with Mark Goldstein as Deputy City Attorney for the
above $16,700.00 a month.
TERM AND TERMINATION:
The term of this Agreement shall commence on September 1, 2008, and shall
continue thereafter until terminated as follows:
A. TERMINATION BY CITY. The City Commission by majority vote may
terminate this Agreement at any time, with or without cause, upon ten (10) days
written notice to Feingold.
B. TERMINATION BY FEiNGOLD. Feingold may at any time, with or
without cause, terminate this Agreement upon thirty (30) days written notice to
the City.
I.AW Or"OSB
LAURENCE FETNGOLD
PROPROSIONAL ASSOCIATION
Feingold may terminate Goldstein employment upon three (3) days written
notice, with or without cause and may hire replacement attorneys solely at
Feingold's own costs and expense for said substitute counsel.
GENERAL PROVISIONS:
A. Assignment. The parties to this Agreement may not assign assign this
Agreement, or any of the rights, duties or obligations hereunder.
B. Entire Agreement. This Agreement constitutes the entire Agreement of
the parties conceming the subject matter hereof and all prior agreements, or
understandings, oral or Written, are hereby merged herein. Except as expressly
set forth herein, this Agreement shall not be amended in any way except by a
writing expressly purporting to be such an amendment, signed and
acknowledged by all of the parties hereto.
C. Interpretation. Should interpretation of this Agreement, or any portion
thereof, be necessary, it is deemed that this Agreement was prepared by the
parties jointly and equally, and shall not be interpreted against either party on the
ground that the party prepared the Agreement or caused it to be prepared.
EFFECTIVE DATE:
This Agreement shall be effective on September 1, 2009.
This Agreement shall not be valid until the City passes a Resolution adapting the
terms and conditions of this letter.
Sincerely
LAURENCE FEINGOLD
LF:wb
LAW 0MTORS
F
LAuRNNON RINGYOLD
BROFSSSTW4AI. ASSOCIATION