10CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
South Miami
tlOd
ifi~P
2001
To: The Honorable Mayor & Members of the City Commission
FROM:
DATE:
SUBJECT:
BACKGROUND:
Amount:
Account:
ATTACHMENTS:
Steven Alexander, City Manager
Agenda Item No.: / () May 30,2013
A Resolution authorizing the City Manager to expend an amount
not to exceed $25,000 with Lewis, Longman & Walker, P.A. to
provide the City of South Miami legal representation on pension
matters, charging account 001.1500.514.3410, Legal Service
Outside Litigation.
Lewis, Longman & Walker, P.A. will provide the City advice and
representation on pension matters as directed by the City
Manager. The legal representation on pension matters is required
for the City's Police Benevolent Association (PBA) negotiations.
An amount not to exceed $25,000.
001.1500.514.3410, Legal Services Outside Litigation, with a
current balance of $136,610.
Resolution for approval.
Lewis, Longman & Walker, P.A. engagement letter.
1 RESOLUTION NO. ______ _
2 A Resolution authorizing the City Manager to expend an
3 amount not to exceed $25,000 with Lewis, Longman &
4 Walker, P .A. to provide the City of South Miami legal
5 representation on pension matters, charging account
6 001.1500.514.3410, Legal Service Outside Litigation.
7 WHEREAS, Lewis, Longman & Walker, P.A. will provide the City advice and
8 representation on pension matters as directed by the City Manager; and,
9 WHEREAS, the legal representation on pension matters is required for the
10 City's Police Benevolent Association (PBA) negotiations; and,
11 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
12 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT;
13 Section I. The City Manager is authorized to expend an amount not to exceed
14 $25,000 with Lewis, Longman & Walker, P.A. to provide the City of South Miami legal
15 representation on pension matters, charging account 001.1500.514.3410, Legal Service
16 Outside Litigation.
17 Section 2. This resolution shall take effect immediately upon adoption.
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PASSED AND ADOPTED this ___ day of ____ , 2013
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
May 30, 2013
LEWIS
LONGMAN &
WALKER I P.A.
ATTORNEYS AT LAW
REPLY To: TALLAHASSEE
CONFIDENTIAL Alfredo Riverol, CPA, Cr.F A, CGFM, COMA
Chief Financial Officer
Finance Department
A TIORNEY /CLIENT
PRlVlLEOED
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: Legal Representation of City of South Miami-Pension Matters
Dear Mr. Riverol:
On behalf of the law firm of Lewis, Longman & Walker, P.A., thank you for the opportunity to
work with you on the above matter . The terms and conditions of our representation are outlined
below.
1. Services. Lewis, Longman & Walker, P.A. will provide advice and representation on
pension matters. I will be the shareholder in charge of this matter and will be primarily
responsible for providing and supervising the legal services required. I will be responsible for
ensuring that this matter is staffed in a manner adequate and appropriate to the requirements of
the representation. Glenn Thomas, a shareholder who works with me on pension matters, will
also be involved in this matter. We will use our best judgment to determine the amount of time,
who is to perform specific tasks and work, and the nature of the services to be performed in your
best interests.
2. Professional Fees. I will be the primary attorney working on your matter and my
standard hourly rate is $275.00. In addition to me, I may assign work to other attorneys or
paralegals within the office, depending upon who can best do the work in the most efficient
manner. The hourly rates for attorneys range from $195.00 to $275.00 per hour. The hourly
rates for paralegals/law clerks range from $100.00 to $150.00 per hour. These rates will be in
effect through December 2013 and may be modified annually thereafter in January of each
BRADENTON
101 Riverfront Bouleva rd
Suite 620
Bradenton, Florida 34205
P i 941-708-4040 • f I 941· 708-4024
retainer letter·l
See Things Differently
JACKSONVI LLE
245 Riverside Avenue
Suite 150
Jacksonville, Florida 32202
pi 904·353·6410 • f 1904-353-7619
TALLAHASSEE
315 South Calhoun Street
Suite 830
Tallahassee, Florida 32301
p I 850-222·5702 • f I 850·224-9242
www.llw-law.com
WEST PALM BEACH
SIS North Flagler Drive
Suite' 500
West Palm Beach, Flonda 33401
p I 56' ·640-0820 • f I 56 1-640·8202
Alfredo Riverol, CPA, Cr.F A, CGFM, CGMA
May 30, 2013
Page 2
subsequent year. We will provide you with our new rates along with the Firm's statement of
services rendered in January of each year.
3. Costs and Expenses . The firm charges for costs and expenses incurred on your behalf for
this representation. We have established a surcharge of 3.5% of fees to cover many of these
costs and expenses. Attachment 1 sets forth the most commonly incurred costs and expenses and
explains the terms of how they are billed as not every cost or expense is covered under the
surcharge. We may advance these costs and seek reimbursement in our billings or we may at our
discretion require you to deposit these costs with us before the costs are incurred.
4. Billing and Pavrnent. We will bill you on a monthly basis for professional services
rendered and expenses incurred in connection with this matter, less any retainer amounts applied
against these services and expenses. You agree to pay the amount of each statement in full
within twenty (20) days of the billing date. Should you question or dispute any items or any
statement, you agree to notify us in writing of any such question or dispute within fifteen (15)
days of the billing date, and we will assume you do not have any dispute if we do not hear from
you in that time. Any amounts remaining unpaid for more than thirty (30) days from the date of
billing shall bear interest at the rate of twelve (12%) percent per annum, compounded daily, until
paid.
5. Client Documents. During the course of your matter, you may be required to provide to
us documents such as pension plan documents, actuarial reports, etc. We will hold these records
during the pendency of this matter. At the conclusion of this matter, you may contact us and
make arrangements for the return of your records. It is your responsibility to secure the return of
your records. We will retain the balance of your file for an appropriate time period. If
arrangements are not made for the return of your records within six (6) years following the
conclusion of your matter, they will be destroyed according to the guidelines set out in our
Records Retention Policy.
We sincerely thank you for choosing our firm to assist you in this most important matter. If you
agree with the foregoing terms and conditions, please sign in the space provided at the bottom of
the letter, return the original to me, and retain a copy for your records. On behalf of the Firm, I
look forward to assisting you in this matter.
Sincerely, ACCEPTED BY:
CITY OF SOUTH MIAMI
By: __________________________ __
Enclosure
Title: _____________ _
Date: _____________ _
relainer letter· 1
ATTACHMENT 1
Costs & Expenses Covered by
CostlExpense The 3.5% Surcharge
Delivery Charges I Included within surcharge of3.5% of hourly fees.
Messenger Service Included within surcharge of3.5% of hourly fees.
Overnight Express Included within surcharge of3.5% of hourly fees.
Tele -facsimile Outgoing: Included within surcharge of 3.5% of hourly
fees.
Incoming: No charge
Photocopying Inside copies: Included within surcharge of 3.5% of hourly
fees.
Secretarial Overtime No charge
Telephone Charges Included within surcharge of3.5% of hourly fees.
Word Processing No charge
CostlExpense Costs & Expenses Not Covered by
The 3.5% Surcharge
Photocopying Outside services : Actual amount invoiced to firm .
Travel-LocaVSurface Reasonable mileage or actual rental charges.
Travel-Out-of-Town Intrastate: Actual common carrier charges for coach.
Interstate: Actual common carrier charges for coach
., ..... u ••• ~ .................................................. " ................................. u .................. _ ..............................................................................
Meals/Accommodations: Lowest corporate seasonal rate
available, reasonable business related meal expenses.
Other Expenses Actual cost invoiced to the firm. In selected cases, these items
may be directly invoiced from vendor to client.
Computer Research Actual usage + proportionate share of base subscription.
Court Reporters Direct invoice from vendor to client or paid from retainer.
retainer letter-l