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Res. No. 139-04-11918RESOLUTION NO.139-04-11918 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO LEGAL SERVICES;APPROVING A RETAINER FEE FOR TANNEBAUM PLANAS &WEISS,LLP,IN THE AMOUNT OF $5,000;CHARGING $5,000 TO ACCOUNT NO.1500-514-3450, OTHER CONTRACTUAL SERVICES;PROVIDING AN EFFECTIVE DATE. WHEREAS,the Mayor and City Commission of the City of South Miami, uponthe recommendation of thecity attorney's office,have agreed to retain the legal services of Tannebaum Planas&Weiss,LLPto provide the City withlegal advice and assistance concerning future assessments for the Shops of Sunset and Valencia Place Apartments;and, WHEREAS,Daniel A.Weiss submitted his engagement letter of July 19, 2004,a copy of which is attached tothis resolution;and WHEREAS,thecity attorney's office recommends payment of the retainer fee. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA; Section 1.The retainer fee for Tannebaum Planas &Weiss,LLP in the amount of $5,000 is approved for payment and charging the amount to account no. 1500-514-3450,Other Contractual Services. Section 2.This resolution shalltake effect immediately upon approval. PASSED AND ADOPTED this 17th day of August,2004. ATTEST:APPROVED: CITY CLERK" Additions shown by underlining and deletions shown by overstriking. Res.No.139-04-11918 READ AND APPROVED AS TO FORM: CIT^ATTORNEY COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Birts-Cooper Commissioner Sherar: Commissioner Wiscombe: \\02srvplaw\prolaw\Doenments\0022\RI<X'\24717.doc -Reso -payment of retainer fee for Tannebaum Planas &Weiss,LLP Page 2 of2 5-0 Yea Yea Yea Yea Yea BRIAN L.TANNEBAUM JUAN-CARLOS "J.C."PLANAS DANIEL,A.WEISS JENNIFER J.ATOR Tannebaum,Planas «c Weiss,LLP —«__ Attorneys at Law VIA EMAIL AND FACSIMILE ONLY July 19,2004 Luis Figueredo,Esq. Office oftheCityAttorney City of South Miami Nagin Gallop Figueredo,P.A. 3225AviationAvenue,Suite301 Miami,Florida 33133-4741 Fax:305-8544-5351 Email:lfiguerdo@ngf-law.com Re:Engagement Letter for Professional Legal Services, Representation oftheCityofSouthMiami for 2004 PropertyTaxAssessmentRoll Dear Mr.Figueredo: The purpose ofthis letter isto propose the engagement ofour firm for legal services to be performed inthe representation of the City of South Miami asit relates tothe 2004 property tax assessment roll. 1-Scope of Legal Services.Itis agreed thatthe firm of Tannebaum Planas &Weiss,T,LP (hereinafter referred to as the "Attorney")shall provide legal services consisting of representation of me City of South Miami ("City"),by acting as counsel with respect to the matter herein,by giving legal advice to the City,supporting the Miami-Dade County Property Appraiser,preparing for,attending,and actively participating in Value Adjustment Board hearings to the extent authorized by law,and by coordmating with the City the work of any expert(s)retained by the City in conjunction with the foregoing engagement The scope of legal services shall be limited solely to properties tobe identified bythe City. 2.E^s."Attorney"will be compensated for services rerideredwm an initial retainer of $5,000,to be billed at an hourly rate of $250.It is further understood mat any billings by Attorney"beyond this amount shall be with the prior consent of*the City Attorney and subject to City Cbirunission's approval. MUSEUM TOWER I BO WEST FLAGLER STREET PENTHOUSE MIAMI,FLORIDA 33ISO TELEPHONE!(SOS)374-7SSO Telefax:(aos)374-oosi WWW,T>WLiW.i.u ,~M Luis Figueredo,Esq. July 19,2004 Page2 3-,Payment of Expenses.The City shall be responsible for all costs associated with this matter.Accordingly,the City has agreed to pay all of Tannebaum, Planas &Weiss's actual out-of-pocket expenses or costs.By way of example,such expenses include those for long distance telephone charges,Federal Express, photocopying expenses at cost for outside copy service fees and postage.The Attorney's itemized expenses will be billed to the City each month.Payment in full of the Attorney's statements for expenses is due when the statement is received by the City Attorney.Expenses do not include fees for any experts which may be retained by the City inconjunction with thismatter. 4.No Conflict.Itis also understood that City Attorney has determined that no confliot exists and will noL exist during the period of services rendered herein. If the foregoing isagreeable to you,please acknowledge same by executing this letter and returning it Representation shall commence upon the execution of this engagement letter,and receipt by Tannebaum,Planas &Weiss,along with the required retainer. Very truly yours, Daniel A.Weiss,Esq. DAW^sw AGREED AND ACCEPTED thisday of July, MARIA V.DAVIS CITY MANAGER TANNEBAUM,PLANAS &WEISS,LLP 4 ATTORNEYS at Law