Res. No. 139-09-12948RESOLUTION NO. 139-09-12948
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, APPOINTING
LAW Fl LAURENCE FEINGOLD, ESQ. TO ACT AS
INTERIM CITY ATTORNEY; APPROVING CONTRACT FOR
INTERIM LEGAL SERVICES, PROVIDED BY INTERIM CITY
ATTORNEY AND LAW — FIRM MARK GOLDSTEIN
ASSISTANT TO INTERIM CITY ATTORNEY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Article II, Section 7, paragraph A(2) of the Charter of the City
of South Miami establishes the office of City Attorney; and,
WHEREAS, the City Attorney is appointed by and serves at the will and
pleasure of the City Commission; and
WHEREAS, the Mayor and City Commission, now desire to terminate the
current City Attorney and law firm and appoint, on an interim basis, the law i n
e€ Laurence Feingold, Esq.
WHEREAS, Mark Goldstein is a partner in ran an Assistant City
Attorney and will be the responsible supervising attorney, thus filling the position
of Assistant to Interim City Attorney; and
WHEREAS, Section 112.313, requires a written contract be entered in
order for other attorney members of the responsible supervising attorney to
provide services; and
WHEREAS, the Mayor and City Commission believe it is in the best
interests of the City of South Miami.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The Mayor and City Commission of the City of South Miami
hereby appoint Laurence Feingold, Esq. as Interim City Attorney and accept and
approve the attached contract to provide Interim City Attorney services until such
time as the City Commission can appoint a permanent City Attorney.
Additions shown by underlining and deletions shown by everstrikin
Res. No. 139 -09 -12948
Section 2. This resolution shall take effect at the end of this current
Commission meeting.
PASSED AND ADOPTED this ls` day of September 2009.
ATTEST:
TCT� CLERK
A nnn nA M' .
COMMISSION VOTE: 4 -1
READ APPROVED TO FORM: Mayor Feliu: yea
Vice Mayor Beasley: yea
Commissioner Palmer: Nay
Commissioner Newman: yea
f Ice of City Attorney Commissioner Sellars: yea
Page 2 of 2
LdU) Offices
Laurence Feingald
Murray B. Weil, Jr. Professional Association
of Counsel S. David Sheffman, J.D., LL.B.
Admitted in Florida & Massachusetts Attorney /Mediator
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 56th 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 I 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 labor 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.
407 Lincoln Road • Suffe 708
Miami Beach, Florida 33139
(305) 538 -1686 • Fax (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 & 1/2
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 $16,700.00 a month.
TERM AND TERMINATION
The term of this Agreement shall commence on September 1, 2009, and shall
continue thereafter until terminated as follows:
A. TERMINATION BY CITY. The City Commission by majority vote may
terminate this Agreement at any time, with or without cause, upon ten (10) days
written notice to Feingold.
B. TERMINATION BY FEINGOLD. Feingold may at any time, with or
without cause, terminate this Agreement upon thirty (30) days written notice to
the City.
LAW OFFICES
LAURENCE FEINGOLD
PROFESSIONAL ASSOCIATION
Feingold may terminate Goldstein employment upon three (3) days written
notice, with or without cause and may hire replacement attorneys solely at
Feingold's own costs and expense for said substitute counsel.
GENERAL PROVISIONS:
A. Assignment. The parties to this Agreement may not assign this
Agreement, or any of the rights, duties or obligations hereunder.
B. Entire Agreement. This Agreement constitutes the entire Agreement of
the parties concerning the subject matter hereof and all prior agreements or
understandings, oral or written, are hereby merged herein. Except as expressly
set forth herein, this Agreement shall not be amended in any way except by a
writing expressly purporting to be such an amendment, signed and
acknowledged by all of the parties hereto.
C. Interpretation. Should interpretation of this Agreement, or any portion
thereof, be necessary, it is deemed that this Agreement was prepared by the
parties jointly and equally, and shall not be interpreted against either party on the
ground that the party prepared the Agreement or caused it to be prepared.
EFFECTIVE DATE:
This Agreement shall be effective on September 1, 2009.
This Agreement shall not be valid until the City passes a Resolution adapting the
terms and conditions of this letter.
Sincerely
LAURENCE FEINGOLD
LF:wb
LAW OFFIC &S
LAURENCE FEINGiOLD
PROF$SSIONAL ASSOCIATION