Res. No. 059-05-12038RESOLUTION NO. 59-05-12038
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA APPROVING A CONTRACT FOR LEGAL
SERVICES PROVIDED BY CITY ATTORNEY AND LAW FIItM; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission have selected the law firm of Nagin Gallop
Figueredo to provide the services of the City Attorney, to serve at the will and pleasure of the City
Commission; and,
WHEREAS, the City Attorney is required to provide the professional representation described in
Article II, Section 7, paragraph A(3) of the Charter of the City of South Miami, Section 2 -10 of the Code
of Ordinances, and as may be normal and customary; and,
WHEREAS, Louis Figueredo is a partner of that law firm and will be the responsible supervising
attorney, thus filling the position of City Attorney with other members and paralegal assistants of the law
firm approved to provide services to assist in the performance of his/her official duties; and
WHEREAS, Section 112.313, Florida Statutes, providing for standards of conduct for public
officers, was amended by Ch. 94 -277, Laws of Fla. (1994), to prohibit a local government attorney from
utilizing the services of other members of the law firm unless a written contract authorizes such services;
and ,
WHEREAS, the Mayor and City Commission believe it is in the best interests of the City of
South Miami and the City Attorney to enter into a written contract for legal representation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
SECTION 1. The Mayor and Commission of the City of South Miami hereby accept the
attached proposal from Nagin Gallop Figueredo, dated July 12, 2004, as a binding contract for that firm's
legal service.
SECTION 2. This Resolution shall take effect immediately upon approval.
PASSED AND ADOPTED THIS 3rd DAY OF May , 2005.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
C TTORNEY
►.\»!1x111 -11 M
Commission Vote:
5 -0
Mayor Russell:
Yea
Vice Mayor Palmer:
Yea
Commissioner Wiscombe:
Yea
Commissioner Birts- Cooper:
Yea
Commissioner Sherar:
Yea
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor
and City Commission
From: Maria V. Davis / /
City Manager � C
REQUEST
South Miami
P&Ameica city
I 11.1
2001
Date: May 3, 2005
Subject: Agenda Item #
Commission Meeting
5103105
Re: Appointment of City Attorney
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA APPROVING A CONTRACT FOR LEGAL SERVICES
PROVIDED BY CITY ATTORNEY AND LAW FIRM; PROVIDING AN
EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
The attached resolution is in compliance with the Commission's wishes as expressed during the
meeting of January 1$'h. The fee schedule as outlined in the frm's proposal will be effective retro-
active to February 1, 2005 when they were appointed by resolution no. 14 -05 -11993
RECOMMENDATION:
Approval is recommended.
NAGINGALLOPFIGUEREDOPA,
Attorneys & Counselors
3225 Aviation Avenue - Third Floor
Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 854 -5351
July 12, 2004
Via Hard Delivery
Maria Menendez
City Clerk
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Proposal for legal services for the City of South Miami
. Dear Ms. Menendez:
We are pleased to submit our letter of interest and proposal to provide legal
services for the city of South Miami.. Prior to the formation of our firm, one of the.
founding members, Earl G. Gallop served as city attorney. For the past seven years,
Mr. Gallop relied on the lawyers at Nagin Gallop Figueredo to assist him in providing
effective legal services to the city on matters of importance. We have demonstrated on
numerous occasions our firm's ability to provide exceptional counsel and effectively
advocate the city's interests on matters ranging from negotiating lease agreements,
handling code enforcement and forfeiture matters, negotiating interlocal agreements,
and in crafting ordinances. As a firm, Nagin Gallop Figueredo has succeeded in
understanding the city's goals and has worked closely and in sync with the city to
achieve them. Needless to say, we have the skill set, track record and the experience to
continue to provide effective legal services to the city of South Miami.
1. Introduction
Nagin Gallop Figueredo is a local firm with a nation-wide practice. The firm is
located at 3225 Aviation Avenue, Miami, Florida, 33133. The firm provides high
quality advice, advocacy and proactive problem solving solutions, with an emphasis on
local government law, transactional law, land use and environmental law,
Maria Menendez
Proposal For Legal Services
July 12, 2004
administrative law, Indian Gaming law, Indian law and trial and appellate
representation for public entities and businesses. While we are a small firm, our six
lawyers can effectively provide legal services to meet, and beat, any large law firm.
Nagin Gallop Figueredo was recognized in the 2004 Bar Register of Preeminent
Lawyers for our high professional legal standards and ethics.
The firm is rated AV, the highest ranking afforded by Martindale Hubbell. Mr.
Figueredo has worked with Mr. Gallop in representing the city of South Miami (CSM)
for the past seven years. Mr. Figueredo received his law degree from Harvard Law
School. He served as special counsel to Governor Graham where he served as lead
counsel on land use matters for the Governor. Mr. Figueredo has practiced
government regulation, environmental, transactional and Indian law for 20 years. Mr.
Nagin served as a Florida Assistant Attorney General, Federal Trade Commission
Attorney, and Special Assistant U.S. Attorney. His practice areas are intellectual
property, antitrust and commercial litigation. He is recognized by his peers in the
Martindale- Hubbell Register of Preeminent Lawyers, the South Florida Legal Guide
List of Top Lawyers, and has been selected as one of the Leading American Attorney's
in the field of antitrust law. Ms. Eve A. Boutsis is the firm's newest partner. She has
also represented the city of South Miami for seven years. Ms. Boutsis represents the
city of South Miami Community Redevelopment Agency, and :the Housing Authority
of the City of Miami. Beach ( HACMB). When the firm became counsel for the
HACMB, the HACMB was regarded as a troubled agency in danger of immediate
takeover by U.S. HUD. In the past four years with the active support of staff, the
HACMB has become, once again a high performing agency with a balanced annual
budget. Due to the foregoing, both our firm and HACMB have garnered the respect of
U.S. HUD and the community. In addition to general counsel skills, Ms. Boutsis
actively prosecutes forfeitures, foreclosures and government enforcement actions,
assists cities in defending against land use related appeals and defends cities in EEOC,
whistle - blower ,and other employer practices liability actions. Further, she defended
the city of South Miami against the Department of Agriculture during the citrus canker
crisis, which resulted in an effective enforceable settlement agreement, rather than
protracted litigation.
Mr. James Montalvo is a senior trial lawyer specializing in commercial and
employment litigation. Mr. Montalvo has served as special litigation counsel for
several municipalities on employment discrimination cases. Prior to entering private
Maria Menendez
Proposal For Legal Services
July 12, 2004
practice, Mr. Montalvo worked in Washington, D.C. with the U.S. Department of
Justice, where Mr. Montalvo focused primarily on civil rights cases. Ms. Catherine A.
Van Horn received her law degree from the University of Chicago in 1990. She is an
accomplished trial lawyer and specializes in commercial litigation, media and first
amendment law, copyright and trademark Jaw. Her practice areas also include
intellectual property and anti -trust litigation. Ms. Nakia D. Henry, a recent law
graduate from the University of Miami, is also engaged in the firm's litigation and
government practices and now acts as counsel during GSM's special master hearings.
II. Proposal
We propose to provide the city of South Miami with all necessary, usual and
customary general counsel legal services, such as attending meetings, negotiating
contracts, preparing resolutions and interlocal agreements, preparing ordinances,
counseling concerning compliance with applicable federal and state law, and any other
necessary services as requested by the city commission, the city manager, or as deemed
necessary by us to protect the city's legal interests.
Staffing of this engagement will be provided by Mr. Figueredo (Fla. Bar No.
0454613), who will be the responsible supervising attorney. Ms. Boutsis (Fla. Bar No.
008253 S) and Mr. Montalvo (Fla. Bar No. 0887056) will also be actively involved in
the day -to -day representation of the city. Mr. Figueredo and Ms. Boutsis will serve as
lead counsel for meetings, hearings, compliance, and general consultation. Either Mr.
Figueredo or Ms. Boutsis will serve as the main contact for the firm.
The staffing for the legal services to be provide under this engagement will
generally consist of the following:
(a) Attendance at all meetings of the City Commission, including special and
emergency meetings, and all required committee or agency meetings;
Responsible Attorneys: Luis Figueredo, Eve Boutsis and Nakia Henry
(b) Preparation of resolutions and ordinances;
Responsible Attorneys: Luis Figueredo and Eve Boutsis
Maria Menendez
Proposal For Legal Services
July 12, 2004
(c) Preparation of legal opinions;
Responsible Attorneys: Luis Figueredo, Eve Boutsis and Jim Montalvo
(d) Preparation of contracts, employment agreements and other
documentation;
Responsible Attorney: Luis Figueredo and Eve Boutsis
(e) Expert advice on local government law and procedure (including, without
limitation, Chapter 166, Fla. Stat., Chapter 119, Fla. Stat., Public Records
Act, appropriations and procurement laws, competitive bidding law,
Ethics Code for Public Officials, conflicts of interest and parliamentary
procedure);
Responsible Attorneys: Luis Figueredo and Eve Boutsis
(f) Advice on general questions of zoning, land use, labor, utilities,
municipal finance litigation and other matters; and
Responsible Attorneys: Luis Figueredo and Eve Boutsis
(g) Liaison with outside counsel, when required.
Responsible Attorneys: Luis Figueredo and Eve Boutsis
Mr. Nagin and Ms. Van Horn will be available as needed for litigation matters. Mr.
Montalvo will provide consultation on civil rights and employment matters.
III. Fee Schedule
Nagin Gallop Figueredo has traditionally collected a retainer fee from the City
for general services and billed the city hourly for special projects. This proposed fee
structure is designed to provide the city with a cost cap on general services. This
ensures that the city's legal fees for general services will not exceed the retainer
amount. We find that the Monthly retainer as opposed to a straight hourly charge
encourages city staff to utilize legal staff.
Special projects initiated by the city and litigation will be charged to separate
matters and will be billed at a reduced hourly rate of $200.00 per hour.
Maria Menendez
Proposal For Legal Services
July 12, 2004
Monthly Retainer — includes all matters $8,500.00 per month 1p us costs
addressed in letters (a) through (g) Expenses such as photocopies, postage,
addressed in Article II of this proposal. facsimiles and court reporters charges will
continue to be billed to the city when
incurred.
IV. Government practice
We have vast experience in government, development and business transactions.
We will present only a few examples here. Working closely with the City of South
Miami, we created the South Miami Health Facility Authority, which issuedrover $200
million in three series of bonds to South Miami Hospital and Baptist Health Systems.
We took over and successfully prosecuted a CERCLA cost - recovery action for the city
of North Miami, the removal of the Munisport landfill for the National Priorities List
(Superfand), and participated in making the land available for a DRI -scale mixed use
development by Swerdlow Partners. We also serve as village attorney for newly
incorporated village of Palmetto Bay. in the capacity as village attorney, we negotiated
interlocal agreements with Miami -Dade County for funding, local patrol and
specialized police services, transfer of parks, and assisted in the start -up of the village.
In addition to providing city attorney services to the city of South Miami and the
village of Palmetto Bay, we serve as general counsel to the Housing Authority of the
city of Miami Beach, and the South Miami CRA. We currently serve as special
counsel to the city of Pompano Beach, the city of Miami Beach, the city of North
Miami and the village of Miami Shores and special litigation counsel to the Miami -
Dade County Commission on Ethics and Public Trust.
V. Miscellaneous
No member of the law firm has any knowledge of likely potential conflicts of
interest because of other engagements, work performed, or personal or professional
activities.
The law firm meets usual government requirements for insurance coverage.
Maria Menendez
Proposal For Legal Services
July 12, 2004
Thank you for the opportunity to provide this information to you. We have
enjoyed our relationship with the city and take pride in the various successes we have
been able to obtain on the city's behalf. It is our sincere desire to be able to continue to
provide the city with exceptional legal services. Should you need any further
information or documentation, please do not hesitate to contact us.
Very ti
uis R Figueredo
Encl. References and Law firm profile