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Res. No. 027-09-12836RESOLUTION NO. 27 -09 -12836 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $21,760.00; CHARGING $21,760.00 TO ACCOUNT NO. 001 -1500- 514.34-10; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 14 -05 -11993 authorizing payment of City Attorney non- retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending January 28, 2009, in the amount of $21,760.00; and, WHEREAS, the office of 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 and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $21,760.00 is approved for payment; charging to account no. 001- 1500 - 514.34 -10 leaving a remaining balance in the account of $98,795.98. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of February, 2009. ATTEST: QY�CLERK gallop Figueredo, P.A. of the City Attorney APPROVED: MAYOR COMMISSION VOTE: 3 -1 Mayor Feliu: Yea Vice Mayor Beasley: Nay Commissioner Palmer: Yea Commissioner Beckman: Yea Commissioner Newman: Absent Additions shown by underlinine and deletions shown by Ong. NAGIN GALLOPFIGUEREDOP. A, Attorneys & Counselors 18001 Old Cutler Road - Fifth Floor Telephone: (305) 854 -5353 Miami, Florida 33157 -6417 Facsimile: (305) 854 -5351 January 29, 2009 Ajibola Balogan City Manager CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES — Retainer and Non - Retainer for the City of South Miami Dear Mr. Balogun: Enclosed are our invoices for professional services rendered and for costs advanced for the period ending January 28, 2009, in the amount of $22 ,100.00 and requisition no. 4 FY 2008 -09. I have tabulated the amounts currently due on each individual file as follows: Ajibola Balogun, City Manager CITY OF SOUTH MIAMI January 29, 2009 0022 -213 FPL Transmission Lines Project Prof't Services 240.00 Invoice No. 19851 dated 128109 Disburesments 0.00 Total Due 240.00 0022 -217 Revisions to Land Development Prof 1 Services 2,300.00 Invoice.No. 19852 dated 128109 Disburesments 0.00 Total Due 21300.00 Grand Total $22,100.00 Do not hesitate to call me if you have any questions regarding these statements. LRF:lcm Enclosures cc: Mayor and City Commission very truly yours, 4tusA�J. R. Figueredo Page 2 of 2 CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 4, FY 2008 -09 Date: January 29, 2009 Finance Department I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Approved Purchases as Aoove Hpproveu and Issuance of Purchase Order Authorized Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance Quantit Description and Specifications TOTAL Account Number 001 -1500- 514.34 -10 Unit Price $22,100.00 Total $22,100.00 $22,100.00 Item No. 1 I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Approved Purchases as Aoove Hpproveu and Issuance of Purchase Order Authorized Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance NAGIN GALLOP FI GUEREDOP" ,4ttorneys & Counselors 18001 Old Cutler Road, Suite 556 Telephone: (305) 854 -5353 Ajibola Balogun City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33157 Facsimile:,(305) 854 -5351 January 28, 2009 Matter ID: 0022 -046 Merrick v. City of South Miami invoice Number 19846 Hours . Amount 1/20/2009 LRF Received e -mail from Ms Merrick's attorney regarding delay in 0.50 100.00 pension distribution. Followed up with staff and Pension attorney regarding same. Total Professional Services 100.00 Rate Summary Luis R. Figueredo 0.50 hours at $ 200.00/hr 100.00 Total hours: 0.50 Payments 1/13/2009 Payment Check No.: 63990 Sub -total Payments: 1,600.00 1,600.00 Payment is due upon receipt. rate Please 15% per �Mthin 10 be charged if payment is not received within 30 days.9 this invoice. Interest at a Nagin Gallop Figueredo P.A. Matter ID: 0022 -046 Statement No.: 19846 Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 100.00 0.00 100.00 1,600.00 .M, Total Due 100.00 Invoice Number: 19846 To be properly credited, please indicate invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within to days of receipt of any questions you have regarding this invoice. Interest at a tale of 1.5% per month will be charged If payment Is not received within $0 days. NAGINGALLOPFIGUEREDORA- Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 January 28, 2009 Ajibola Balogun Matter ID: 0022 -083 City Manager Planning Board City of South Miami invoice Number 19847 6130 Sunset Drive City of South Miami, FL 33143 Hours Amount 1/1512009 LRF Telephone conference with Matilde regarding Bank of America bridge 030 60.00 loan. 1/16/2009 LRF tax assessment and 0.50 100.00 conference with Ms. Mat Ide Menendez regarding same.1ephone 5!22/2009 LRF tnium for 3.70 garage 740A0 parking arage. Telephontelconfe conference with M.rt'Mark Richman regarding bridge loan and need to discuss replacement of bridge loan. 1/22/2009 LRF Worked on Ordinance regarding establishes criteria and procedures 1.00 200.00 for preparation of annual budgets. 1/23/2009 LRF Meeting with Mr. Youkilis to develop ordinance responding to and 1.00 200.00 resolving EAR process. 1/23/2009 LRF Meeting with Mr. Sandy Youkilis to address possible approaches to 1.20 240.00 respond to [Commissioner Velma Palmer's request to develop an which passes along attorney fees and specialized ordinance professional fees. Conference with City Manager regarding same. Began research of other jurisdictions. 1/23/2009 LRF Meeting with Ms. Matilde Menendez to address Bridge loan which 0.50 100.00 has a one year term. The purpose of the one year term was to complete construction with alternate financing since league of cities bond program was no longer available. Total Professional Services 1,640.00 Rate Summary Luis R. Figueredo 8.20 hours at $ 200.001hr 1,640.00 Total hours: 8.20 Payment is due upon receipt, rate off please 5 % per moan h will be days rged if payment is9 of rreceived within 30 days. ffils Invoice. Interest at a Nagin Gallop Figueredo P.A. Matter ID: 0022 -083 Statement No.: 19847 Page: 2 Payments 1,710.00 1/13/2009 Payment Check No.: 63990 Sub -total Payments: 1,710.00 For Professional Services 1,640.00 For Disbursements Incurred 0.00 Current Balance: 1,640.00 Previous Balance: 1,710.01 Payments -Thank you 1,710.00 Total Due 1,640.01 Invoice Number: 19847 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt Please notify us 1 5% per within 10 ii be chargedifpayment is not received within 30 regarding ys.g this invoice. interest at a NAGIN GALLOPFIGUEREDOEA Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Telephone: (305) 854 -5353 Ajibola Balogun City Manager City of South Miami 6130 Sunset Ddve City of South Miami, FL 33143 Miami, Florida 33157 Facsimile: (305) 854 -5351 January 28, 2009 Matter ID: 0022 -137 Special Master Hearings invoice Number 19848 Rate Summary Eve A. Boutsis payments 1/1312009 Payment 10.60 hours at $ Total hours: 10.60 Check No.: 63990 Total Professional Services 200.00 /hr 2,120.00 160.00 Sub -total Payments: 160.00 Amount 80.00 40.00 300.00 400.00 800.00 500.00 2,120.00 Payment is due upon recelpl. to of i.b % notify us per month thwill be charged If payment is not rueceived within 30 days. this invoice. Interest at a Hours 12/30/2008 EAB compliance 0.40 matters (barking dog, foreclosure property and and numbernof persons living as a family unit). 1/812009 EAB Attention to Palms at Sunset item. 020 1/13/2009 EAB Attended foreclosure seminar and foreclosure court and relation to 1.50 city advalorem and liens. 1/15/2009 EAB Prepared for and attended special master hearing. 2.00 1/23/2009 EAB Attended Judge Balleys seminar on homestead foreclosures, new 4.00 system, and relation to municipalities. 1/28/2009 EAB Drafted code division relating to abandoned property. 2.50 Rate Summary Eve A. Boutsis payments 1/1312009 Payment 10.60 hours at $ Total hours: 10.60 Check No.: 63990 Total Professional Services 200.00 /hr 2,120.00 160.00 Sub -total Payments: 160.00 Amount 80.00 40.00 300.00 400.00 800.00 500.00 2,120.00 Payment is due upon recelpl. to of i.b % notify us per month thwill be charged If payment is not rueceived within 30 days. this invoice. Interest at a Nagin Gallop Figueredo P.A. Matter ID: 0022 -137 Statement No.: 19848 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due invoice Number: 19848 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 2 2,120.00 0.00 2,120.00 160.00 160.00 2,120.00 Payment is. due upon receipt ofot,6 % per month willtbe charged K p3ayment is notsreceived within 30 daysng this invoice. Interest at a NAGIN GALLOP FIGUEREDOp Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Telephone: (305) 854 -5353 Ajibola Balogun City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 1/14/2009 1/19/2009 Rate Summary Payments 12/22/2008 Miami, Florida 33157 Facsimile: (305) 854 -5351 January 28, 2009 Matter ID: 0022 -181 Special Meetings - CSM Invoice Number 19849 Hours LRF Attended special meeting to install new commissioner Valerie 0.70 Newman. LRF Attended meeting with Mr. Balogun and Commissioner Newman to 1.80 review ethics issues and code of conduct. Total Professional Services Luis R. Figueredo 2.50 hours at $ 200.00/hr 500.00 Total hours: 2.50 payment Check No.: 63762 160.00 Sub -total Payments: 160.00 Amount 140.OD 360.00 500.00 Payment Is due upon receiraate Please notify us 1 6% per monthhvvnlltbe charged if piayment questions received within So regarding this invoice. Interest at a Nagin Gallop Figueredo P.A. Matter ID: 0022 -181 Statement No.: 19849 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due Invoice Number: 19849 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 2 500.00 0.00 500.00 160.00 160.00 500.00 Payment is due upon rece(raate Please notKY us 15% per month hwillibe charged paymenti Snot received you d w thin 30 regarding ys his invoice. Interest at a NAGIN GALLOP FIGUEREDOP" Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854-5353 Facsimile: (305) 854 -5351 January 28, 2009 Matter ID: 0022 -210 Ajibola Balogun Pension Amendments City Manager City of South Miami Invoice Number 19850 6130 Sunset Drive City of South Miami, FL 33143 Hours Amount Payment is due upon receipt te off 11..5°/ per mourn will bean rged payment is notsreceived within 30 d ys g this invoice. interest at a HJM Continued preparing response to Retirement Director, Ms. Sarabeth 7.80 1,560.00 1/13/2008 Snuggs, of the Department of Retirement; continued reviewing voluminous file for preparation of the response, continued conducting legal research concerning the authority of the department to withhold funds due the City, continued conducting research concerning whether the pension provided in mandatory; continued conducting of the Florida Statutes concerning the legal research on requirements City's Pension. Received and reviewed documents from City Manager, Mr. Ajibola 0.80 160.00 1/5/2009 HJM Balogun, regarding additional names for pension research. HJM Conference with Mr. Luis Figueredo concerning pension research. 0.20 40.00 1/5/2009 HJM Conducted legal research on issue of whether the City's pension plan 4.80 960.00 1/5/2009 requires employees to formally opt -out if they are not to be included in the plan. LRF Meeting with city manager to address pension issue, methodology 2.00 400.00 1/5/2009 used to calculate payment to Ms. Scanlon from pension fund to ensure consistency. Follow up with Mr. Banos. Telephone conference with Ken Harrison to confirm that methodology utilized has been consistently applied. 1/6/2009 HJM Continued conducting legal research and reading case law on violate Florida or Federal 7.40 1,480.00 whether City's action concerning its pension law, including ERISA provisions. HJM Received and reviewed ordinance and resolution and pertinent 2.00 400.00 1/7/2009 attachments from Mr. Luis Figueredo concerning Pension Plan. 1/7/2009 HJM Prepared e-mail correspondence to Matilda Menendez re: 0.10 20.00 documentation from auditors. HJM Continued conducting legal research on the City's potential liability 4.80 960.00 117/2009 concerning its Pension Plan. up with s of research, 1.60 320.00 117/2009 LRF ordinances and and issues potentially o affecting the city's Payment is due upon receipt te off 11..5°/ per mourn will bean rged payment is notsreceived within 30 d ys g this invoice. interest at a Nagin Gallop Figueredo P.R. Matter ID: 0022 -210 Statement No.: 19850 Page: 2 liability. Reviewed research. HJM Continued revs volumit ous file including all ordinances, 2.00 400.00 1/8/2009 amg HJM Continued conducting legal research on issues of pension and 5.80 1,160.00 1/8/2009 potential liability for improper funding; conducted legal research on defense of statute of limitation and waiver. LRF Reviewed pertinent sections of files relating to pension and personnel 3.00 600.00 1/8/2009 that did not participate in pension. Discussed same with Mr. Montaivo. HJM Attended conference with Mr. Luis Figueredo, Mr. AJibola Balogun 3.20 640.00 1/9/2009 . and Ms. Jeanette Navarro, LRF Pension meetin with Jim ette and Mr. vplan. 3.20 640.00 1/9/2009 address matters related to pension Conference with h Mr. M additional material submitted ipr 0.20 40.00 1/9/2009 LRF by nne nt and ordinance HJM Continued conducting legal research on whether a pension must be 2.80 560.00 1/1212009 to City employees other than police. provided HJM Co tinuedd con uciiahassel reseagency arch 3.40 680.00 1/12/2009 for and requestiforfheariogeparation HJM Reviewed additional files received by Ms. Navarro re: pension issue. 2.80 560.00 1/12/2009 HJM Conducted legal research on issue of "compensation" and 0.80 160.00 1/12/2009 "opting -out" concerning pension plan. 1/1212009 HJM Conference with Mr. Figueredo re: ordinance preparation. 0.20 40.00 1/14/2009 HJM Telephone conference with Department of Retirement System re: 0.20 40.00 response. 0.40 80.00 1/14/2009 HJM Cotninued preparing response to DRS agency. Continued conducting legal research in preparation of response to 3.80 760.00 1/14/2009 HJM agency. 0.60 120.00 1/14/2009 HJM Continued reviewing file. LRF Telephone conference with Mr. Balogun to coordinate meeting with 0.30 60.00 1/16/2009 Mr. Banos regarding Pension and proposal to address concerns raised by Board. HJM Conducted and updated the legal research on pension legal 3.50 700.00 1/19/2009 requirements in anticipation for meeting with City Manager. HJM Conducted legal research to update research on legal requirements of 2.30 460.00 1/23/2009 City's Pension. HJM Reviewed with Mr. Luis anticipation iMrflBal together 1.00 200.00 1128/2009 concerning pension. meeting h unh and Ms. Navarro co of n Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this Invoice. is not received within 30 days. Interest at a rate of 1.5% per month will be charged if payment Nagin Gallop Figueredo P.A. Matter iD: 0022 -210 Statement No.: 19850 1128/2009 1/28/2009 1/28/2009 HJM Attended meeting with Mr. Balogun and Mr. Figueredo regarding pension. LRF Reviewed pension file together with Mr. James Montalvo in . anticipation of meeting with Mr. Balogun and Ms. Navarro concerning pension. LRF Attended meeting with Mr. Balogun and Mr. Montalvo regarding pension. Total Professional Services 15,200.00 Rate Summary H. James Montalvo Luis R. Figueredo Payments 1/1312009 Payment 62.70 hours at $ 13.30 hours at $ Total hours: 76.00 Check No.: 63990 Page., 3 2.00 400.00 1.00 200.00 2.00 400.00 200.00/hr 12,540.00 200.00 /hr 2,660.00 1,200.00 Sub -total Payments: 1,200.00 Invoice Number: 19850 To be properly credited, please Indicate Invoice Number above on your remittance check. Payment is due upon reoeipate Please noOfY us Wthin 10 L5% per Month v0II be Charged H ptayment isghotsreceived within 30 days. 9 this Invoice. Interest at a 15,200.00 For Professional Services 0.00 For Disbursements Incurred Current Balance: 15,200.00 1,200.00 Previous Balance: 1,200.00 Payments - Thank you Total Due 15,200.00 Invoice Number: 19850 To be properly credited, please Indicate Invoice Number above on your remittance check. Payment is due upon reoeipate Please noOfY us Wthin 10 L5% per Month v0II be Charged H ptayment isghotsreceived within 30 days. 9 this Invoice. Interest at a NAGIN GALLOPFIGUEREDOP" Attorneys £v Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Facsimile: (305) 854 -5351 Telephone: (305) 854-5353 January 28; 2009 Ajibola Balogun Matter ID: 0022 -213 City Manager FPL Transmission Lines Project City of South Miami Invoice Number 19851 6130 Sunset Drive City of South Miami, FL 33143 Hours Amount 1/1212009 LRF Meeting g n with g FPL Commissioner Beckman, line. the City Manager and city 1.20 240.00 Total Professional Services 240.00 Rate Summary Luis R. Figueredo 1.20 hours at $ 200.00 /hr 240.00 Total hours: 1.20 Payments 2,100.00 1/13/2009 Payment Check No.: 63990 Sub -total Payments: 2,100.00 Payment is due upon receipt- rate Of Please 5 % perm us within 10 nth x All be charged if payment is any questions received within 36 daye.g his invoice. Interest at a Nagin Gallop Figueredo P.A. Matter 1D: 0022 -213 Statement No.: 19851 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due Invoice Number: 19851 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 2 240.00 0.00 240.00 2,100.00 2,100.00 240.00 Payment is due upon receipt. rate of 11..6% per month will be charged if payment Is not received within 3D daysng this invoice. Interest at a NAGIN GALLOP FIGUEREDOp" !Attorneys & Counselors Rate Summary Luis R. Figueredo 11.50 hours at $ 200.00Jhr 2,300.00 Total hours: 11.50 Payment is due upon recefp to of please per mow h will be days of receipt p of ant's questions ot received within regarding da this Invoice. Interest at a 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Facsimile: (305) 854 -5351 Telephone: (305) 854 -5353 January 28, 2009 Ajibola Balogun Matter ID: 0022 -217 Revisions to Land Development City Manager City of South Miami Invoice Number 19852 6130 Sunset Drive City of South Miami, FL 33143 Hours Amount 12/29/2008 LRF Reviewed and revised draft chapters to land development code 1.00 Research and reviewed 200.00 prepared by Commissioner Beckman. numerous municipal codes. LRF Reviewed and revised draft chapters to land development code 1.00 200.00 12/30/2008 prepared by Commissioner Beckman. Research and reviewed numerous municipal codes. LRF Planning reviewed and revised chapters to Land Development Code 2.00 400.00 1/5/2009 LRF Reviewed and revised draft chapters to land development code 2.50 500.00 1/6/2009 prepared by Commissioner Beckman. Research and reviewed numerous municipal codes and meeting with Commissioner Beckman to discuss revisions, formatting and alternative methodologies LRF Reviewed and revised draft chapters to land development code 3.00 600.00 1/7/2009 prepared by Commissioner Beckman. Conference with Commissioner Beckman to discuss revisions, formatting and alternative methodologies. Research and reviewed numerous municipal codes. LRF Reviewed and revised draft chapters to land development code 2.00 400.00 1/13/2009 prepared by Commissioner Beckman. Conference with Commissioner Beckman to discuss revisions, formatting and alternative methodologies. Total Professional Services 2,300.00 Rate Summary Luis R. Figueredo 11.50 hours at $ 200.00Jhr 2,300.00 Total hours: 11.50 Payment is due upon recefp to of please per mow h will be days of receipt p of ant's questions ot received within regarding da this Invoice. Interest at a Nagin Gallop Figueredo P.A. Matter ID: 0022 -217 Statement No.- 19852 Page: 2 Payments 5,200.00 1/13/20D9 Payment Check No.: 63990 Sub -total Payments: 5,200.00 Invoice Number: 19552 To be properly credited, please indicate Invoice Number above on your remittance check. payment is due upon receipt, please 1.5% per within 10 be charged if payment is questions ot received within 30 days. g this invoice. Interest at a 2,300.00 For Professional Services D.OD For Disbursements Incurred Current Balance: 2,300.00 5,200.00 Previous Balance: 5,200.00 Payments - Thank you Total Due 2,300.00 Invoice Number: 19552 To be properly credited, please indicate Invoice Number above on your remittance check. payment is due upon receipt, please 1.5% per within 10 be charged if payment is questions ot received within 30 days. g this invoice. Interest at a 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SUBSTITUTE ITEM 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 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF $21,760.00; CHARGING $21,760.00 TO ACCOUNT NO. 001 -1500- 514.34-10; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 14 -05 -11993 authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period ending January 28, 2009, in the amount of $21,760.00; and, WHEREAS, the office of 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 I. The invoices for attorneys' fees and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $21,760.00 is approved for payment; charging to account no. 001- 1500 - 514.34 -10 leaving a remaining balance in the account of $98,795.98. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this _____ day of February, 2009. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo Nagin Gallop Figueredo, P.A. Office of the City Attorney APPROVED: u ffl, COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Beckman: Commissioner Newman: Additions shown by underlining and deletions shown by everstfikki Page 1 of 1 Menendez, Maria M. From: Laura Mares [Imares @ngf- law.com] Sent: Thursday, February 12, 2009 5:11 PM To: Balogun, Ajibola; Beasley, Brian; Feliu, Horace G; Beckman, Jayl; Newman, Valerie; Palmerl, Velma Cc: Figueredo, Luis; Menendez, Maria M. Subject: NGF Corrected Billing for January 2009 Attachments: Corrected Billing for January 2009.pdf Good afternoon: Attached please find corrected billing for January 2009. Three items were moved from the Planning Board bill into the Mark Richman Properties matter. Item number one in the Planning Board matter as well as item number 1 in the Special Meetings' matter were discounted as a no charge. Should you have any questions for Mr. Figueredo regarding this matter, he will make himself available to any /all of you at your convenience before the Commission Meeting scheduled for next Tuesday, February 17th, 2009. Thank you for you attention and prompt cooperation in this matter. Laura Mares Nagin Gallop Figueredo, P.A. 18001 Old Cutler Road Suite 556 Miami, Florida 33157 (305) 854- 5353 - Telephone (305) 854 -5351- Facsimile 1 11 1 Il An �1AN 1� `r��T�OP �T��R�D�P� tlttotlteys ��"a�snselors 18001 Old Cutler Road - Fifth Floor Telephone: (305) 854 -5353 Miami, Florida 33157 -6417 Facsimile: (305) 854 -5351 February 12, 2009 Ajibola Balogun City Manager CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES — Retainer and Non - Retainer for the City of South Miami Dear Mr. Balogun: Enclosed are our invoices for professional services rendered and for costs advanced for the period ending January 28, 2009, in the amount. of $21,760.00 and requisition no. 4 FY 2008 -09. 1 have tabulated the amounts currently due on each individual file as follows: Ajibola Balogun, City Manager CITY OF SOUTH MIAMI February 12, 2009 0022 -210 Pension Amendments Invoice No. 19850 dated 1128109 3 FPL Transmission Lines Project Invoice No. 19851 dated 128109 Revisions to Land lieve'opmGIIL Invoice No. 19852 dated 128109 F-MI H 0.00 Total Due 15,200.00 Prof,I Services $ 240.00 Disburesments 0.00 Total Due 240.00 II Disburesments 0.00 Total Due 2,300.00 Do not hesitate to call me if you have any questions regarding these statements, LRF:lcm Enclosures cc: Mayor and City Commission very truly yours, Luis R. Figueredo Page 2 of 2 SUBSTITUTE ITEM RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH NVHAN% FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR NAGIN $21,7 0.00; GALLOP CHARGING $217 0.00 TO ACCOUNT NO. 0Q01-1500- 514.34-10; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 14 -05 -11993 authorizing payment of City Attorney non - retainer attorneys' fees and costs; and, WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for legal services rendered, and costs advanced, for the period January 28, 2009, in the amount of $21,760.00; and, WID REAS, the office of the City Attorney recommends payment of the attached invoices. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CTTY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. The invoices for attorneys' fees and costs received from Nagin Gallop Figueredo, P.A., in the total amount of $21,760.00 is approved for payment; charging to account no. 001 -1500- 514.34 -10 leaving a remaining balance in the account of $98,795.98. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this _ day of February, 2009. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: Luis R. Figueredo Nagin Gallop Figueredo, P.A. Office of the City Attorney APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Beckman: Commissioner Newman: Additions shown by underlining and deletions shown by event4"g• CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 4, FY 2008 -09 Date: January 29, 2009 I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Codes Charge Accounts Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Purchases as Above t.PPIUv�u- and Issuance of Purchase Order Authorized NAGIN GALLOPFIGUEREDORL Attorneys Fe Counselors 18001 Old Cutler Road, Suite 556 Telephone: (305) 854 -5353 Ajibota Balogun City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33157 Facsimile:,(305) 854 -5351 January 28, 2009 Matter ID: 0022 -048 Merrick v. City of South Miami Invoice Number 19846 1/20/2009 LRF Received e-mail from Ms MsrricVs attorney regarding delay in pension distribution. Followed up with staff and Pension attorney regarding same. Rate Summary Luis R. Flgueredo payments 1/1312009 Payment Hours Amount 0.50 100.00 Total Professional Services ' 100.00 0.50 hours at $ 200.00lhr 100.00 Total hours: 0.50 Check No.: 63990 1,600.00 Sub -total Payments: 1,600.00 Payment Is due Won reoetpt Please rrotHy us within 10 days of reoelpt of any 9uestione You have regarding this tnvOICe. Interest at a rate of 1.6% per month will be charged "rf payment Is not reeeived within 30 days. Nagin Gallop Figuersdo PA Master ID: 0022 -046 Statement No.: 10846 For Professional Services For Disbursements incurred current Balance: Previous Balance: Payments - Thank you Total Due invoice Number: 19846 To be properly credited, please indicate invoice Number above on your remittance check. Page: 2 100.OD 0.00 100.00 1,600.00 1,600.00 100.00 110 days of receipt ol any payment is due upon receipt lase o"rr us w wID be arged M payment is9 otttacelved within 30 days. this fhvolce. interest at a NAGIN GALLOP FIGUEREDOr" Attorneys F> Counselors 18001 Old Cutler Road, Suite 556 Telephone: (305)854 -5353 Ajibola Salogun City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33157 Facsimile: (305) 854 -5351 January 28, 2009 Matter ID: 0022 -083 Planning Board Invoice Number 19855 1/2212009 LRF Worked on Or of annual budge s. (No establishes criteria and procedures for 1/23/2009 LRF with r. You silis to develop ordinance responding to and resolving 1/23/2009 LRF respond with o !Comm ssionerr VelmaoPaime s request t approaches velop an o ordinance which passes along attorney fees and specialized professional fees. Conference with City Manager regarding same. Began research of other jurisdictions. 1/23!2009 LRF a has o with year term. The purpose address of theone year ter which term was to one complete construction with alternate financing since league of cities bond program was no longer available. Rate Summary Luis R. Figueredo Luis R. Figueredo Payments 1/13/2009 Payment Hours Amount 1.00 0.00 1.00 200.00 1,20 240.00 0.50 1100.00 Total Professional Services 540.00 1.00 hours at $ o.00/hr 0.00 2.70 hours at $ 200.00 /hr 540.00 Total hours: 3.70 Check No.: 63990 1,710.00 Sub -total Payments: 1,710.00 Payment is due upon receipt. off Please .s % per mon h will be charged H payment is questions ot received Within 3 das regarding this invoice. Interest at a Nagin Gallop Figueredo P.A Matter ID: 0022 -083 Statement No.: 19855 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due Invoice Number: 19855 To be property credited, please indicate Invoice Number above on your remittance check. Page: 2 540.00 0.00 540.00 1,710.01 1,710.00 540.01 of Payment IS due upon r�Blpt le1.5% per month Will tbe charged 8 payment Is questions received Within 30 days.g this invoice. Interest at a NAGIN GALLOPFIGUEREDOP'' Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Facsimile: (305) 854 -5351 Telephone: (305) 854 -5353 January 28, 2009 Matter ID: 0022-129 Eliza Rassf Mark Richman Properties v. City Finance Director City of South Miami Invoice Number 19856 6130 Sunset Drive City of South Miami, FL 33143 Hours 1/1512009 LRF loan. eiephone conference with Matilde regarding Bank of America bridge 0.30 1/16/2009 LRF Reviewed tax assessment and exemption denial; and telephone 0.50 conference with Ms. Matilde Menendez regarding same. 112212009 LRF Parking garage reviewed initial draft of Declaration of Condominium for 3.70 parking garage. Telephone conference with Mr. Mark Richman regarding bridge loan and need to discuss replacement of bridge loan. Total Professional Services Rate Summary 4,50 hours at $ 200.00/hr 900.00 Luis R. Figueredo Total hours: 4.50 Amount '60.00 100.00 740.00 Payment is due upon receirat. please 1 5°I• per m us within charged tr payment is9 of received within 30 days. g this invoice. Interest at a Nagin Gallop Figueredo P.A. Master ID: 0022 -129 Statement No.: 19856 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due Invoice Number: 19856 To be property credited, please indicate Invoice Number above on your remittance check. Page. 2 900.00 0.00 900.00 0.00 0.00 900.00 Payment is due upon receiPate of 1.5% per moot days of fl payment is not received have in 30 daysng his invoice. Interest at a NAGIN GALLOPFIGUEREDOP" Attorneys F> Counselors 18001 Old Cutler Road, Suite 556 Telephone: (305) 854 -5353 Ajibola Balogun City Manager City of South Miami 6,130 Sunset Drive City of South Miami, FL 33143 — Hours Communications with Ms. Eva Rosa regarding continuing compliance 0.40 matters (barking dog, foreclosure property and number of persons living as a family unit). 0.20 Attention to Palms at Sunset item. Attended foreclosure seminar and foreclosure court and relation to 1.50 city advalorem and bens. 2.00 Prepared for and attended special master hearing. Attended Judge Batley s seminar on homestead foreclosures, new 4A0 system, and relation to municipalities. 2.50 Drafted code division relating to abandoned property. Miami, Florida 33157 Facsimile: (305) 854-5351 January 28, 2009 Matter ID: 0022-137 Special Master Hearings invoice Number 19848 12/301200s EAB 1/6/2009 EAB 1/1312009 EAS 1/15/2009 EAB 1/2312009 EAS 1/28/2009 EAB Rate Summary Eve A. Boutsls Payments 1/13/2009 Payment 10.60 hours at $ Total hours: 10.60 Check No.: 63990 Amount 80.00 500.00 Total Professional Services 2,120.00 200.0p1hr 2,120.00 Subtotal Payments: 160.00 Payment is due upon recelple�teass ptI orAh w7Qtbe cchar9 it paymerd is not recei� ham ithan regarding ddays thts itrwice. !Merest at a Nagin Gallop Figueredo P.A. Matter ID: 002137 Statement No.: 19848 For Professional Services For Disbursements incurred Current Balance: previous Balance: payments - Thank you Total Due invoice Number. 19846 To be properly credited please indicate invoice Number above on your remittance check. Page: 2 2,120.00 0.00 2,120.00 160.00 160.00 2,120.00 payment is.dua upon recefrais doff 14% e ty m l be charged N playment is nDt rawhed �n 30 days. this irnrotce. Inferest at a NAGIN GALLOPFIGUEREDOp" Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Telephone: (305) 854.5353 Ajibola Balogun City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33157 Facsimile: (305) 854 -5351 January 28, 2009 Matter ID: 0022-181 Special Meetings - CSM Invoice Number 19857 Hours 1/14/2009 LRF Attended special meeting to install new commissioner Valerie 0.00 Newman.. (No Charge) 1/19/2009 LRF Attended meeting with Mr. Balogun and Commissioner Newman to 1.80 review ethics issues and code of conduct. Total professional Services Rate Summary Luis R. Figueredo 1.80 hours at $ 200.001hr 360.00 Total hours: 1.80 Payments 160.00 12122/2008 Payment Check No.: 63762 Sub -total Payments: 160.00 Amount 0.00 360.00 360.00 ceipt. please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a payment is due upon re mte of 1.6% per month wilf be charged 9 payment is not received within 30 days. Nagin Gallop Figueredo P.A. Matter ID: 0022 -181 Statement No.: 19857 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you. Total Due Invoice Number: 19857 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 2 360.00 0.00 360.00 160.00 160.00 360.00 Payment Is due upon receipt. lase Ater month willibe charged it receipt pyment is notsreceived within 30 days 9 this invoice. Interest at a NAGINGALLOPFIGUEREDO"'- Attorneys f> Counselors 18001 Old Cutler Road, Suite 556 Telephone: (305) 854 -5353 Ajibola Balogun City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 1/13/2008 HJM 115/2009 HJM 1/5/2009 HJM 1/5/2009 HJM 1/5/2009 LRF 1/6/2009 HJM 1/7/2009 HJM 1/7/2009 HJM 1/7/2009 HJM 117/2009 LRF Miami, Florida 33157 Facsimile: (305) 854 -5351 January 28, 2009 Matter iD: 0022 -210 Pension Amendments Invoice Number 19850 Continued preparing response to Retirement Director, Ms. Sarabeth Snuggs, of the Department of Retirement; continued reviewing voluminous file for preparation of the response; continued conducting legal research concerning the authority of the department to withhold funds due the City; continued conducting research concerning whether the pension provided in mandatory; continued conducting legal research on requirements of the Florida Statutes concerning the City's Pension. Received and reviewed documents from City Manager, Mr. Ajibola Balogun, regarding additional names for pension research. Conference with Mr. Luis Figueredo concerning pension research. Hours 7.80 Conducted legal research fmaaly op out if they are not o citys pension to be Included n requires employees In the plan. Meeting with city manager to address pension issue, methodology used to calculate payment to Ms. Scanlon from pension fund to ensure consistency. Follow up with Mr. Banos. Telephone conference with Ken Harrison to confirm that methodology utilized has been consistently applied. Continued conducting legal research and reading case law or Federal on whether C tys action concerning its pension violate Florida a law, including F-RISA provisions. Received and reviewed ordinance and resolution and pertinent, attachments from Mr. Luis Flgueredo concerning Pension Plan. Prepared a -mail correspondence to Matilda Menendez re: documentation from auditors. Continued conducting legal research on the City's potential liability concerning its Pension Plan. Pension follow up with Mr. Monte] VD on status of research, ordinances and actions and issues potentially affecting the city`s Amount . r ►71 0,80 160.00 0.20 40.00 4.60 960.00 2,00 400.00 7.40 1,480.00 2.00 400.00 0.10 20.00 4.80 980.00 1.60 320.00 payment is due upon racer 5 %oil mood tI b days charged B pa payment is not rreceived wWn 30 days. g this krvofca. Interest at a Nagin Gallop Figuerado P-A Page: 2 Master ID: 0022 -210 Statement No.: 19650 liabilq, Reviewed research. 2.00 400.00 1/8/2009 HJM �o nued reviewing and amendmenin us file including all ordinances, 1/8/2009 HJM Continued conducting legal research on issues of pension and 5.80 1,160.00 Potential liability for improper funding; conducted legal research on defense of statute of limitation and waiver. 60000 1!8l2009 LRF tth Reviewed nt pertinent icipate inopension. Discussed to sme Pension with Mr.� personnel 3.00 Montalvo. 1/S /2009 HJM Attended conference with Mr. F Luis gueredo, Mr. A)ibola Balogun 3.20 640.00 and Ms. Jeanette Navarro. 1/9/2009 LRF Pension meeting with Jim Montalvo, Ms. Jeanette Navarro and Mr. 3.20 640.00 AJiboia Balogun to address matters related to pension plan. 40.00 LRF Conference with Mr. Montalvo regarding additional materiai submitted 1/9/2009 020 by personnel department and ordinance prepay 1/12/2009 HJM Con provided nu io City employees conducting al other thanopo caner a pension must be 2.80 560.00 680.00 1112/2009 HJM Continued conducting legal research and reviewing file In preparation 3.40 for response to Tallahassee agency and request for hearing. 1/f 212009 HJM Reviewed additional files received by Nis. Navarro re: pension Issue• 0.80 560.00 1/12120D9 HJM Conducted legal research " resear issue of "oompensaton and opting -ou concerning pension plan 0.20 40,00 1/12/2009 HJM Conference with Mr. ngueredo re: ordinance praparaton• 0.20 40.00 1/14/2009 HJM Telephone conference with Department of Retirement System re: response. 0.40 80.00 1/14/2009 HJM Continued preparing response to DRS agency. 1/14/2009 HJM Continued conducting legal research In preparation of response to 3.80 760.00 agency. 0,60 120.00 1/14/2009 HJM Continued reviewing file. 60.00 1116/2009 LRF Telephone conference with Mr. BaloguDSio� o address concerns with 0.30 Mr. Banos regarding pension and prop raised by Board. 3.50 700.00 1/19/2009 HJM requirements n anancpationn for meeting with City Manager. 1/23/2009 HJM Conducted legal research to update research on legal requirements of 2.30 460.00 City's pension. HJM Reviewed pension file together with Mr. Luis Figueredo in anticipation 1.00 200.00 1/28/2009 of meeting with Mr. Balogun and Ms. Navarro concerning Pension. Payment is due upon receipt. Please notify us within 10 days of receipt of arty questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment is not received within 30 days. Nagln Gallop Flgueredo P.A Matter 1D: 0022-210 Statement No.: 19850 2 00 1/28/2009 HjM Attended meeting with Mr. Balogun and Mr. Figueredo regarding pension. 1.00 1/28/2009 LRF Reviewed pension file together Ballogu�n James and Ms Navarro concerning anticipation of meeting pension. 2.00 1/28/2009 LRF Attended meeting with Mr. Balogun and Mr. Montaivo regarding pension. Total Professional Services Rate Summary H. James Montaivo Luis R. Figueredo Payments 1/13/2009 Payment 62.70 hours at $ 13.30 hours at $ Toiat hours: 76.00 Check No.: 63990 For Professional Services For Disbursements Incurred Current Balance; Previous Balance: payments -Thank you 200.0011hr 12,540.00 200.00/ttr 2,660.00 Subtotal Payments: 1,200.00 Total Due Page: 3 400.00 200.00 400.00 15,200.00 Invoke Number, 19850 To be properly credited, please indicate Invoice Number above on your remittance check. 15200.00 0.00 15200.00 1,200.00 1,200.00 15,200.00 of 'In 10 payment is due Upon recelpt or please 1,6-4 npity Us Will w4A be ct artJsd�ayment ISQnetsreceived within dep. this Invoke, interest at a NAGIN GALLOFFIGUEREDOPAI Attorneys & Counselors 18001 Old Cutler Road, Suite 558 Telephone: (305) 854-5353 Ajibola Balogun City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33W Miami, Florida 33157 Facsimile: (305) 854 -5351 January 28, 2009 Matter ID, 0022 -213 FPL Transmission Lines Project Invoice Number 19851 1/12/2009 LRF Meeting Commissioner , me City Manager and city staff regarding transmission 1m Rate Summary Luis R. Figueredo Payments 1/1312009 Payment Hours Amount 1.20 M.OD Total Professional Services 120 hours at $ 200.00/hr 240.00 Total hours: 120 Check No :63990 2,100.00 Sub -total Payments: 2,10D.00 Payment is due upon reoel� { {e i {eases HiRift be charged of receipt of Paymert is questions ot received within so days. �{s invoice. interest at a Nagln Gallop Figueredo P.A Matter ID: 0022 -213 Statement Nc.: 19851 For Professional Services For Disbursements Incurred Current Balance: previous Balance: payments - Thank you Total Due invoice Number: 19651 To be properly credited, please indicate invoice Number above on your remittance check. page: 2 240.00 0.00 240.00 2,100.00 2,1()0.01) 240.00 payment 15 due upon recat� d 6% pear monlh'mn be charged H payment is of to etv d wiRdn 0�� this invoice. Interest at a NAGIN GALLOPFIGUEREDOW- Attorneys 6 Counselors 16001 Old Cutler Road, Suite 556 Telephone: (305) 854 -5353 Ajibola Balogun City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 12/29/2008 LRF 1213012008 LRF 1/5/2009 LRF 1/612009 LRF 1/7/2009 LRF 1/13/2009 LRF Miami, Florida 33157 Facsimile: (305) 854 -5351 January 28, 2009 Matter ID: 0022 -217 Revisions to Land Development invoice Number 19852 ' Reviewed and revised draft chapters to lad development code prepared by Commissioner Beckman. Research and reviewed numerous municipal codes. Reviewed and revised draft chapters to land development code prepared by Commissioner Beckman. Research and reviewed numerous municipal codes. Planing reviewed and revised chapters to Land Development Code Reviewed and revised draft chapters to lad development code prepared by commissioner Beckman. Research and reviewed numerous municipal codes and meeting with Commissioner Beckman to discuss revisions, formatting and alternative methodologies Reviewed and revised draft chapters to lad development code prepared ekman to discuss rev stone formatting and alternativ commissioner methodologies. Research and reviewed numerous municipal codes. Reviewed and revised draft chapters to land development code prepared by Commissioner Beckman. Conference with Commissioner Beckman to discuss revisions, formatting and alternative methodologies. Hours Amount 1.00 200.00 1.00 200.00 Rate summary 11.50 hours at $ Luis R. Ffgueredo Total hours: 11.50 2.00 400.00 2.50 500.00 3.00 600.00 Total Professional Services O 200.00/hr 2,300.00 400.00 2,300.00 Payment W due upon recefroe of 1,6% par month willtbe charged f ppayment isgnotot received within 3o days. g �� Invoice, Interest at a Nagin Gallop Figueredo P.A. Payments 1/13/2009 Payment Matter ID. 0022.217 Statement No.: 19552 Check No.: 6399D For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments -Thank you 5,200.00 Sub -total Payments: 51200.00 Total Due Invoice Number: 19852 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 2 2,300.00 0.00 2,300.00 5,200.00 5,2OO.OD 2,300.00 Payment Is due upon mcelpt. Please noflfy us within 10 days of reoelpt of any g6estlons you have regarding this Invoice. Interest at a rate of i.5% par month will be charged If payment Is not resolved within 30 days. a