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Res. No. 156-08-12753* 1. 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 August 29, 2008, in the amount of $9,737.38; 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 $9,737.38-are approved for payment-, charging $8,900.38 to account no. 001-2100-519-99-20, leaving a remaining balance in the account of $500.00 and charging $837.00 to account no. 001-2100-519-99-24, leaving a remaining balance in the account of $0.00. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this /� (4day of September, 2008. ATTEST: TY CLERK READ AND APPROVED AS TO FORM: Nagin Gallop Figueredo, P.A. Office of the City Attorney APPROVED: AMMYOR Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Wiscornbe: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea Additions shown by underlining and deletions shown by ovefstfikiffg. 18001 Old Cutler Road - Fifth Floor Telephone: (305) 854-5353 Miami, Florida 33157-6417 Facsimile: (305) 854-5351 September 10, 2008 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 August 29, 2008, in the amount of $9,737.38 and requisition no. 20 FY 2007-08. 1 have tabulated the amounts currently due on each individual file as follows: City Attorney Account No. 00-1,1500-514-34-10, Other Contra�tual Services/Litigatiow� Special Projects and Costs 0022-001 General Municipal Prof'l Services $ 0.00 Invoice No. 19728 dated 8128108 Disburesments 204.37 Total Due 204.37 0022-083 Planning Board Prof'l Services 5,160.00 Invoice No. 19716 dated 8129108 Disburesments 0.00 Total Due 5,160.00 0022-137 Special Master Hearings Prof'l Services 860.00 Invoice No. 19717 dated 8129108 Disburesments 21.25 Total Due 881.25 0022-182 Dabby Properties v. CSM Prof'l Services 0.00 Invoice No. 19718 dated 8129108 Disburesments 252.67 Total Due 252.67 0022-192 Valencia Condominiums Prof I Services 159.60 Invoice No. 19719 dated 8129108 Disburesments 0.00 Total Due 159.60 Ajibola Balogun, City Manager CITY OF SOUTH MIAMI September 10, 2008 0022-201 Rene Guim v. City of South Miami Prof'l Services 440.00 Invoice No. 19720 dated 8129108 Disbursements 7.50 Total Due 447.50 0022-204 Doug Barker Prof'l Services 200.00 Invoice No. 19721 dated 8129108 Disburesments 0.00 Total Due 200.00 0022-206 Almukhtar Developers — Writ of Prof' I Services 580.00 Certiorari Disburesments 0.00 Invoice No. 19722 dated 8129108 Total Due 580.00 0022-208 Forfeiture — Mendez/Florez. Prof"I Services 1,757.50 Invoice No. 19723 dated 8129108 Disburesments 94.49 Total Due 1 851.99 Grand Total 9J37.38_ Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Lui�is �R. Fig-au ed LRF:Icm Enclosures cc: Mayor and City Commission Page 2 of 2 CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAG IN GALLOP &IFIGUEREDO, P.A. Req. No. 19, FY 2007-08 Date: September 10, 2008 Finance Department Item No. Quantity Description and Specifications Account Number Unit Price Total I I General Contingency 001-2100-519-99-20 $8,900.38 $8,900.38 Settlements 001-2100-519-99-24 $837.00 $837.00 TOTAL $9,737.38 Purchase Order No. Terms/Discount I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Codes Charge Head of Department Coding of Accounts Approved Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance Department Purchases as Above Approved and Issuance of Purchase Order Authorized NAGIN GALLOP F IGUEREDO P A. 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 Expenses 7/18/2008 Mileage 7/1812008 Mileage 7/24/2008 Database Legal research 7/30/2008 Mileage 7/30/2008 Mileage 8/11/2008 Mileage -8/11/2008 Mileage 8/15/2008. Mileage 8/15/2008 Mileage 8/18/2008 Mileage 8/18/2008 Mileage 8/2512008 Telefacsimile charge Payments 7130/2008 Payment 8/15/2008 Payment Check No. 62446 Check No.: 62621 Miami, Florida 33157 Facsimile: (305) 854-5351 August 28, 2008 Matter ID: 0022-001 General Municipal Invoice Number 19729 8.64 8.64 109.72 8.64 8.64 8.64 8.64 8.64 8.64 8.64 8.64 8.25 Sub-total Expenses: 204.37 N Sub-total Payments: 164.24 Payment is due upon receipt. Please notify us within 10 days of receipt of any 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. Nagin Gallop Figueredo P.A. Matter ID: 0022-001 Statement No.: 16729 Page:, 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 0.00 204-37 204.37 164.24 I][.^WZ-ll Total Due 204-37 Invoice Number: 19729 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any 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. NAGINGALLOPFIGUEREDO R A. Attorneys & Counselors 18001 Old Cutler Road, Suite 656 Miami, Florida 33157 Telephone: (305) 854-5353 Facsimile: (305) 854-5351 August 29, 2008 Ajibola Balogun Matter ID: 0022-083 City Manager Planning Board City of South Miami 6130 Sunset Drive Invoice Number 1.9716 City of South Miami, FL 33143 Rate Summary Luis R. Figueredo, Eve A. Boutsis 13.00 hours at $ 12.80 hours at $ Total hours: 25.80 Total Professional Services 5,160.00 200.001hr 200.00/hr W. I 1=6 4", 2,660.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this. invoice. Interest ata rate of 1.5% per month will be charged if payment is not received within 30 days. Hours Amount 7/28/2008 LRF Researched Florida statutes, Florida Administrative codes and 13.00 2,600.00 relevant case law concerning licensing requirements for group homes and substance abuse programming. Meeting with Planning Director and Mr. Youklis regarding same. Numerous Telephone conferences with Commissioners. Telephone conferences with Simon Ferro. Telephone conferences with state regulatory agencies. Meeting with planning department, Simon Ferro and Robert Fine. Researched and drafted regulatory ordinance. Meeting with Robert Fine to review operating procedures. (7-24-08 through 7-28-08) 8/12/2008 EAB Prepared for P&Z board meeting; analyzed ADA, FHA, Rehab Acts 3.00 600.00 and Florida case law and. interplay with zoning. 811212008 EAB Attended P&Z meeting. 4.00 800.00 8/1512008 EAB Research on vested rights. 3.00 600.00 8/21/2008 EAB Meeting with Jose Olivo on pending matter; meeting with Ms. Navarro 2.50 500.00 regarding insurance claim relating to construction by contractor; meeting with building official and inspector re: CO, ERPB , determination, and legal issues raised by building official and comments by attorney /developer regarding same. 8/2712008 EAB Attention to zoning inquiry by Attorney Mickey Marrero. 0.30 60.00 Rate Summary Luis R. Figueredo, Eve A. Boutsis 13.00 hours at $ 12.80 hours at $ Total hours: 25.80 Total Professional Services 5,160.00 200.001hr 200.00/hr W. I 1=6 4", 2,660.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this. invoice. Interest ata rate of 1.5% per month will be charged if payment is not received within 30 days. Nagin Gallop Figueredo P.A, Matter ID: 0022-083 Statement No.: 19716 Payments 7/30/2008 Payment Check No. 62446 687.50 8/15/2008 Payment Check No.: 62621 2,797.50 Sub-total Payments: 3,485.00 For Professional Services For Disbursements Incurred Current Balance: Previo, us Balance: Paym I ents - Thank you Total Due Invoice Number: 19716 To be properly credited, please indicate Invoice Number above on your remittance check.; Page: 2 5,160.00 0.00 5,160-00 3,485.00 5,160.00 Payment is due upon receipt Please notify us within 10 days of receipt of any 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. NAGINGALLOPFIGUEREDOPI& Attorneys & Cavizselors 18001 Old Cutler Road, Suite 556 Telephone: (305) 854-5353 Ailbola Balogun City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33167 Facsimile: (305) 854-5351 August 29, 2008 Matter ID: 0022-137 Special Master Hearings Invoice Number 19717 Total Professional Services 860.00 Eve A. Boutsis 4.30 hours at $ 200.00/hr Total hours: 4.30 Expenses 7/17/2008 Database Legal research Payments 7/30/2008 8/15/2008 Payment Check No. 62446 Payment Check No.: 62621 Sub-total Expenses: Sub-total Payments: 21.25 21.25 1,162.85 1,611.31 2,774.16 Payment is due upon receipt. Please notify us within 10 days of receipt of any 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. Hours Amount 7/31/2008 EAR Telephone conference with Mr. David Struder relating to pening code 0.40 80.00 enforcement matters. 8/7/2008 1 EAR Meeting vj It, � P &. staff and Mr. Figueredo on pending agenda items. 1.50 300.00 8/20/2008 EAR Analyzed special ecial master agenda; follow up with Mr. Balogun and Ms. 1.20 240.00 Rosa regarding same; and telephone conference with Building Official; telephone conference with Mr. Balogun on new assignments. 8/21/2008 EAR Attended staff meeting to prepare for special master hearing; and 1.00 200.00 attended hearing. 8127/2008 ­ EAR Attention to Irish Times matter. 0,20, 40,00_1 Total Professional Services 860.00 Eve A. Boutsis 4.30 hours at $ 200.00/hr Total hours: 4.30 Expenses 7/17/2008 Database Legal research Payments 7/30/2008 8/15/2008 Payment Check No. 62446 Payment Check No.: 62621 Sub-total Expenses: Sub-total Payments: 21.25 21.25 1,162.85 1,611.31 2,774.16 Payment is due upon receipt. Please notify us within 10 days of receipt of any 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. Nagin Gallop Figueredo P.A. Matter ID: 0022-137 Statement No.: 19717 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due Invoice Nul`6 ber: 19717 To be properly credited, please indicate in oice Number above on your remittance check. Page: 2 860.00 21.25 881.28 2,774.16 2,774.16 881.25 Payment is due upon receipt. Please notify us Within 10 days of receipt of any 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. NAGINGALLOPFIGUEREDO PA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 8545353 Facsimile: (305) M4-5351 August 29, 2008 Ajibola Balogun Matter ID: 0022-182 City Manager Dabby Properties v CSM and City of South Miami 6130 or% Q U"a ^+ Drive invoice Number 19718 City of South Miami, FL 33143 Expenses 8/8/2008 Filing fee 8/8/2008 Mileage Payments 7/30/2008 Payment Check No. 62446 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you I Sub-total Expenses: Sub-tofiicl Payments: 243.50 9.17 252.67 1,155.35 0.00 252.67 252.67 1,155.35 1,155.35 Total Due 252.67 Invoice Number: 19718 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any 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, Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 8545353 Facsimile: (305) 854-5351 August 29, 2008 Ajibola Balogun Matter ID: 0022-192 City Manager Valencia Condominiums v. City City of South Miami 6130 Sunset Drive Invoice Number 19719 City of South Miami, FL 33143 Hours Amount 8/8/2008 HJM Received and reviewed Notice of Cancellation of Hearing. 0.10 20.00 Total Professional, Services 20.00 Rate Summary H. James Montalvo 0.10 hours at $ 200.00/hr 20.00 Payments 7/3012008 Total hours:. 0.10 Payment Check No. 62446 273.75 Sub-total Payments: 273.75 For Professional Services 20.00 For Disbursements Incurred 0.00 Current Balance: 20.00 Previous Balance: 413.35 Payments - Thank you 273.75 Total Due 159.60 Invoice Number: 19719 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month wilt be charged if payment is not received within 30 days. NAGINGALLOPFIGUEREDO PA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 . Miami, Florida 33157 Telephone: (305) 854-5353 Facsimile: (305) 854-5351 August 29, 2008 Ajibola Balogun Matter ID: 0022-201 City Manager Rene Gulm v. City of South City of South Miami 6130 Sunset Drive Invoice Number 19730 City of South Miami, FL 33143 Sub-total Payments: 29,179.26 Payment is due upon receipt. Please notify us within 10 days of receipt of any 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. Hours Amount 7/28/2008 HJM Received and reviewed Final Judgment. 0,70 140.00 8/8/2008 HJM Received and reviewed Defendant Palmer's request for special set 0.40 80.00 hearing correspondence to Court 8/8/2008 HJM Received and reviewed Defendant Palmer's Motion for Costs (0.2); 0.40 80.00 Received and reviewed Defendant Palmer's request for special set hearing and correspondence to court. 8/11/2008 HJM Received and reviewed Plaintiff's Notice of Hearing (0.1); Received 0.70 140.00 and reviewed Plaintiff's Declaration of Thomas F. Pepe (0.3); Reviewed file in preparation for hearing (0.3). Total Professional Services 440.00 Rate Summary H. James Montalvo 2.20 hours at $ 200.00/hr 440.00 Total hours: 2.20 Expenses 8/25/2008 Telefacsim ile charge for the month of Aug-2008 7.50 Sub-total Expenses:, 7.50 Payments 7/30/2008 Payment Check No. 62446 18,756.39 8/15/2008 Payment Check No.: 62621 10,422.87 Sub-total Payments: 29,179.26 Payment is due upon receipt. Please notify us within 10 days of receipt of any 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. Nagin Gallop Figueredo P.A. Matter ID: 0022-201 Statement No.: 19730 Page: 2 For Professional Services 440.00 For Disbursements Incurred 7,50 Current Balance: 447.50 Previous Balance: 29,179.28 Payments - Thank you 29,179.26 Total Due 447.50 Invoice Number: 19730 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any 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. NAGINGALLOPFIGUEREDO P.A. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Telephone:, (305) 854-5353 Ajiboia Balogun City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33157 Facsimile: (305) 854-5351 August 29, 2008 Matter ID: 0022-204 Doug Baker purchase of Invoice Number 19721 Hours 8/27/2008 HJM Received and reviewed letter from Mr. Baker to Mr, de la Torre re: 1.00 request for documents (0.2); Reviewed file for documents responsive to Mr. Baker's request (0.8). Rate Summary H. James Montalvo Payments 7/30/2008 Payment 1.00 hours at $ Total hours: 1.00 Check No. 62446 Total Professional Services 200.001hr Sub-totdl Payments: 200.00 160.00 Amount 200.00 200.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any 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. Nagin Gallop Figueredo P.A. Matter [D: 0022-204 Statement No.- 19721 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments -Thank you Total Due Invoice Number: 19721 To be properly credited, please indicate Invoice Number above on your remittance check. Page: 2 200-00 0,00- 200.00 160.00 160.00 200.00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1.5% per month will be charged if payment Is not received within 80 days. NAGIN GALLOP FIGUEREDO PA. 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 August 29, 2008 Matter ID: 0022-206 Alm ukhtar Developers-Writ of Invoice Number 19722 Hours 8/6/2008 HJM Received and reviewed Notice of Hearing concerning oral argument 0.10 8/7/2003 HJM Reviewed file and Petition for Writ of Certiorari in preparation for 2.80 hearing. Rate Summary Total Professional Services H. James Montalvo 2.90 hours at $ 200.00/hr 580.00 Total hours: 2.90 Payments 7/30/2008 Payment Check No. 62446 3,381.67 8/15/2008 Payment Check No.: 62621 723.63 Sub-total Payments: 4,105.30 Amount 20.00 560,00 580,00 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest ata rate of 1.5% per month will be charged if payment is not received within 30 days, Magin Gallop Figueredo P.A. Matter ID: 00222-206 Statement No.: 19722 Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 580.00 0.00 580.00 4,105.30 4,105.30 Total Due 580.00 Invoice Number: 19722 To be properly credited, please indicate Invoice Number above on your remittance check. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you have regarding this invoice. Interest at a rate of 1,5% per month will be charged if payment is not received within 34 days. NAGINGALLoPFIGUEREDO PA. Attorneys & Counselors 18001 Old Cutler Road, Suite 556 Miami, Florida 33157 Telephone: (305) 854-5363 Ajibola Balogun City Manager City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 8/6/2008 8/6/2008 81 008 8/7/2008 8/11/2008 8/12/2008 8/12/2008 iiM EAB Ss EAB Ss EAB EAB EAB Facsimile: (305) 854-5351 August 29, 2008 Matter ID: 0022-208 Forfeiture Mendez-Florez Invoice Number 19723 Hours Drafted letter to judge for adversarial preliminary hearing; and 0.60 attention to answer filed by defendant. Performed Lexis database research to obtain caselaw for Ms. Boutsis' use at preliminary probable cause hearing; organized and prepared binder for same. Attention to scheduling adversarial preliminary hearing; attention to answer. Telephone call to Judge Scola's chambers concerning preliminary probable cause hearing; telephone discussions with Francisco at Mr. Chambrot's office concerning hearing date; prepared notice of hearing and posted dates in Prol-aw database; e-mail to involved officers. Prepared for and completed legal research on forfeiture/pc hearing. Prepared for hearing; prepared officer witnesses; and attended hearing on pc (ultimately stipulated to). Follow up with Acting Richardson and Dot. Munoz on offer of judgment; drafted discovery (requests for production and interrogatories). Drafted reply to affirmative defense. Rate Summary Eve A. Boutsis Susan Snavely 8.00 hours at $ 2.10 hours at $ Total hours: 10.10 it too, 2.50 2.50 1.70 Amount 120.00 90.00 80.00 67,50 500,00 500.00 340.00 0.30 60.0t, Total Professional Services 1,757.50 200.00/hr 1,600.00 75.00/hr 157.50 Payment is due upon receipt. Please notify us within 10 days of receipt of any 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. Nagin Gallop Figueredo P.A. Matter ID: 0022-208 Statement No.: 19723 Expenses 8/6[2008 Parking Charge 8/6/2008 Mileage 8/25/2003 Talefacsimile charge for the month of Aug-2008 8/26/2008 Postage Charge for the Month of Aug-2008 Payments 8/15/2008 Payment Check No.: 62621 For Professional Services For C lsbursements Incurred I Current Balance: Previous Balance: Payments - Thank you Sub-total Expenses: Sub-total Payments: WOM Page: 2 5.00 8.40 80.25 0.84 94.49 1,817.56 1,817.56 1,757.50 94.49 Invoice Number: 19723 To be properly credited, please indicate Invoice Number above on your remittance check. 1,851.99 1,817.56 1,817.56 1,851.99 Payment is due upon receipt. Please notify us within 10 days of receipt of any 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.