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Res. No. 111-03-11660111 -03 -11660 RESOLUTION NO. A RESOLUTION OF T'HE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES AND COSTS; APPROVING PAYMENT OF ATTORNEYS' FEES AND COSTS FOR NAGIN GALLOP FIGUEREDO, P.A. IN TIIE AMOUNT OF $16,826.20; CHARGING $1,872.50 TO ACCOUNT NO. 1500 -514 -3435, REAL PROPERTY /FORECLOSURE; CHARGING $13,229.99 TO ACCOUNT NO. 1500 -514 -3410, LEGAL SERVICES, NON - RETAINF,R; CHARGING $753.50 TO ACCOUNrI' NO. 615- 1910 -521 -3100, PROFESSIONAL SERVICES, FORFEITURES; AND CHARGING $970.21 TO ACCOUNT NO, 1500 -514 -3452, PROVIDING AN EFFEC "I'IVE DATE. WHEREAS, the City Commission of the City of South Miami approved Resolution No. 99 -94 -9500, as amended by Resolution No. 217 -97- 10187, authorizing payment of City Attorney non - retainer attornevs' 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 May 31, 2003, in the amount of $16,826.20; and, WHEREAS, the City Attorney recommends payment of the attached invoices. NOW THEREFORI BE IT' RESOLVED ICY '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 $16 "826.20, are approved for payment and charging $1,872.50 to account no. 1500 -514 -3435, real estate /foreclosure; charging $13,229.99 to account no. 1500 -514 -3410, legal, non - retainer; charging $753.50 to account no. 615 -1910 -521 -3100, professional services, forfeitures, and charging $97021 to account no. 1500 -514 -3452, code enforcement. Section 2. This resolution shall take effect immediately upon approval. Additions shown by underl.ininu and deletions shown by Res. No. 111-03-11660 PASSED AND ADOPTED this22nd day of July, 2003. ATTEST: CT Y CI_, -R K READ AND APPROVED AS TO FORM CITY ATTORNEY COMMISSION VOTE: 4-0 Mayor Feliu: Yea Vice Mayor Russell: out of room Commissioner Wiscombe: Yea Commissioner Bethel: Yea Commissioner McCrea: Yea \\02si-vplaw\prolaw\DOCLli-neiits\0022\DAJ\ I 8395.doc - Reso - June 2003 Statements 1> 0 MW NAGIN GALLOP FIGUEREDO PA Attorneys & Counselors 3225 Aviation Avenue - Third Floor Telephone: (305) 854 -5353 Miami, Florida 33133 -4741 Facsimile: (305) 85a -5351 June 17, 2003 Hakeem Oshikoya Finance Director CITY OF SOUTH MIAN I 6130 Sunset Drive South Miami, Florida 33143 Re: STATEMENTS FOR PROFESSIONAL SERVICES City of South Miami Dear Mr. Oshikoya: Enclosed are our statements for professional services rendered and for costs advanced for the period ending May 31, 2003, in the amount of $16,826.20. I have tabulated the amounts currently due on each individual file as follows: 0022 -002 Real Estate & Contracts Profl Services $ 1,767,50 Statement No. 14153 dated 06106103 Disbursements 0.00 Total Due 15767.50 0022 -011 Tooks v. City of South Miami Profl Services $ 87.50 Statement No. 14155 dated 06106103 Disbursements al Due 87.500 $ 0022 -027 Bruce v. CSM Code Enforcement ProFl Services 840 .00 Disbursements 130.21 Statement No_ 14156 dated 06106103 Total Due 970.21 $ 0022 -046 Merrick V. City of South Miami ProFl Services 87.50 Disbursements 0.00 Statement No. 14157 dated 06106103 87.50 Total Due 0 0 , . w 1jakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI June 17, 2003 Page 2 of 4 0022 -055 Purchase of 7800 Sw 5SP (Hammock House) Prod Services S 105.00 Statement No. '14164 dated 06106103 Disbursements 0.00 Total Due 105.00 0022 -061 NRA, et al. V. City of South Miami Prof 1 Services $ 437.50 Statement No. 14017 dated 06106103 Disbursements 0.00 Total Due 437.50 0022 -083 Planning Board Prof l Services $ 1,295.00 .Statement No. 14158 dated 06106103 Disbursements 0.00 Total Due 17295.00 0022 -095 Lazaro Tabares - EEOC Claim Prof l Services S 270.00 Statement No. 14159 dated 06106103 Disbursements 0.00 Total Due 270.00 0022 -101 Hampton Pre - Determination Prod Services $ 297.50 Statement No. 14160 dated 06106103 Disbursements 0.00 Total Due 297.50 0022 -113 Forfeiture of 1991Nissan 300zx Prof I Services $ 290.00 Statement No. 14161 dated 06106103 Disbursements 15350 Total Due 443.50 0022 -119 Deborah Benfield Arbitration Prof 1 Services $ 35.00 Statement No. 14022 dated 06106103 Disbursements 0000 Total Due 35.00 0022 424 Maria Anduiza— EEOC Claim Prof 1 Services $ 1,177050 Statement No. 14162 dated 06106103 bu Du ents 1,236.99 0022 -125 John Hampton— EEOC Claim Prof 1 Services $ 11085.00 Statement No. 14163 dated 06106103 Disbursements 0.00 Total Due 1,085.00 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI June 17, 2003 Page 3 of 4 0022 426 Deborah Benfield — EEOC Claim Prod Services $ 175.00 Statement No. 14025 dated 06106103 Disbursements 0.00 Total Due 175.00 0022 -128 Maria S. Anduiza v. City of South Miami Prof l Services $ 4,145.00 Statement No. 14165 dated 06106103 Disbursements 52.00 Total Due 45197.00 0022.129 Mark Richman Prop. v. City of South Miami Prod Services $ 2,957.50 Statement No. 14166 dated 06106103 Disbursements 0600 Total Due 2,957.50 0022 -130 OPEIU v. City of South Miami ProPl Services $ 105.00 Statement No. 14167 dated 06106103 Disbursements 0.00 Total Due 105400 0022 -131 Dynabilt v. City of South Miami Prof I Services $ 700.00 Statement No. 14168 dated 06106103 Disbursements 36.00 Total Due 736.00 0022 -132 Jeffrey Griffin Arbitration Prof 1 Services $ 87.50 Statement No. 14030 dated 06106103 Dios 0 Due Disbursements 87.50 0022 -133 Max Valdes Arbitration Prof 1 Services $ 140.00 Statement No. 14169 dated 06106103 Disbursements 0.00 Total Due 140.00 0022 435 Forfeiture of Blue 1988 Blue Mercury Cougar Prof I Services $ 310.00 Statement No. 14170 dated 06106103 Disbursements 0.00 Total Due 310.00 CURRENT TOTAL DUE $ 16,82620 0 Hakeem Oshikoya, Finance Director CITY OF SOUTH MIAMI June 17, 2003 Page 4 of 4 LI Do not hesitate to call me if you have any questions regarding these statements. Very truly yours, Earl G. Gallop EGG:daj Enclosures cc: Mayor and City Commission Sandy Youkilis, Acting City Manager CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: NAGIN GALLOP & FIGUEREDO, P.A. Finance Department Item Description and No. Quantity Specifications 1 '21 Real Estate/Foreclosure 2 16 Legal, Non - Retainer 3 Forfeitures 4 Code Enforcement TOTAL Purchase Order No. I 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 Account Number Req. No. 145 Date: July 17, 2003 1500 - 514 -3435 1500- 514 -3410 6084910- 521-3100 1500 -514 -3452 Coding of Accounts Approved Y 1.872.50 13,229.99 di 753.50 970.21 Purchases as Above Approved and Issuance of Purchase Order Authorized Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) City Manager Finance Department CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED NAGIN GALLOP FIGUEREDO RA. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director City of South Miami 6130 Sunset Drive City of South Miami, FL 33143 Miami, Florida 33133 Facsimile: (305) 854 -5351 June 6, 2003 Matter ID: 0022 -027 Bruce v. Code Enforcement Statement No. 14156 05/22/2003 MDS Prepared for and attended hearing on motion for more definite 2.60 455.00 statement. 05/23/2003 MDS Reviewed materials post pre -trial hearing in anticipation of 0.50 87.50 amended counter claim to be filed by defendant; prepared letter to opposing counsel concerning a list of possible stipulations to be agreed to by the parties and concerning setting of depositions for late listed defense witnesses. 05/27/2003 MDS Prepared letter to opposing counsel concerning setting 0.10 17.50 depositions. 05/31/2003 EGG Reviewed Bruce's answers to city's interrogatories. 0.20 35.00 Total Professional Services 840.00 Rate Summary Eve A. Boutsis 1.50 hours at $ 0.00 /hr 0.00 Earl G. Gallop 0.20 hours at $175.00/hr 35.00 Michael D. Spivack 4.60 hours at $175.00/hr 805.00 Total hours: 6.30 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 05/09/2003 MDS Reviewed defendant's answers to plaintiffs interrogatories. 0.10 17.50 05/12/2003 MDS Prepared letter to opposing counsel concerning opposing 0.80 140.00 counsel's failure to provide adequate and complete discovery. 05/21/2003 MDS Prepared for pre -trial hearing. 0.50 87.50 05/22/2003 EAB Observed hearing for more definitive statement and motion to file 1.50 0.00 counter claim. 05/22/2003 MDS Prepared for and attended hearing on motion for more definite 2.60 455.00 statement. 05/23/2003 MDS Reviewed materials post pre -trial hearing in anticipation of 0.50 87.50 amended counter claim to be filed by defendant; prepared letter to opposing counsel concerning a list of possible stipulations to be agreed to by the parties and concerning setting of depositions for late listed defense witnesses. 05/27/2003 MDS Prepared letter to opposing counsel concerning setting 0.10 17.50 depositions. 05/31/2003 EGG Reviewed Bruce's answers to city's interrogatories. 0.20 35.00 Total Professional Services 840.00 Rate Summary Eve A. Boutsis 1.50 hours at $ 0.00 /hr 0.00 Earl G. Gallop 0.20 hours at $175.00/hr 35.00 Michael D. Spivack 4.60 hours at $175.00/hr 805.00 Total hours: 6.30 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. Expenses Payments 05/09/2003 Legal research Payment CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -027 Statement No.: 14156 130.21 Sub -total Expenses: 130.21 Ck #041017 6,032.50 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Sub -total Payments: 61032.50 Total Due To be properly credited, please indicate Statement Number on your remittance check. Page: 2 840.00 130.21 970.21 8,204.06 6,032.50 3,141.77 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. Vendor: Finance Department CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 3314' ) NAGIN GALLOP & FIGUEREDO, P.A. Req. No. 146 Date: July 17, 2003 Item Description and No. Quantity Specifications Account Number Unit Price Total 1 1 Legal, Non - Retainer 1500 -514 -3410 $812.50 $812.50 TOTAL I I $812.50 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 Coding of Accounts Approved Sufficiency of Appropriation Balances Verified (Except As Purchases as Above Approved and Issuance of Purchase Order Authorized Otherwise Noted) Head of Department Finance Department City Manager NAGIN GALLOP FIGUEREDO P.A. Telephone: (305) 854 -5353 Hakeem Oshikoya Finance Director CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, FL 33143 Attorneys & Counselors 3225 Aviation Avenue - Third Floor Miami, Florida 33133 -4741 July 17, 2003 Re: STATEMENT FOR PROFESSIONAL SERVICES City of South Miami — Legal Services, Retainer Dear Mr. Oshikoya: Facsimile: (305) 854 -5351 Enclosed is our statement for retainer fees and costs advanced for the period ending June 30, 2003. Included is our requisition no. 140 pertaining to the costs billed in the amount of $903.52. Please issue a check payable to Nagin Gallop & Figueredo, P.A. representing payment of these costs. Please do not hesitate to contact me if you have any gtrstions regarding the subject matter of this letter. Very truly yours, Earl G. Gallop EGG:daj Enclosure cc: Mayor and City. Commission CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 Vendor: Nagin Gallop Figueredo, P.A. Req. No. 140 Date: July 17,2003 Finance Department Item Description and No. Quantity Specifications Account Number Unit Price Total 1 1 Consulting - Legal 1500 -514 -3410 $903.52 $903.52 TOTAL $90152 Purchase Order No. Terms /Discount I Hereby Certify That The Above Material, Equipment, Or Service Is Essential And A Proper Request Against The Codes Char e Coding of Accounts Approved Sufficiency of Appropriation Balances Verified (Except As Purchases as Above Approved and Issuance of Purchase Order Authorized I Otherwise Noted) Head of Department Finance Department City Manager CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGE NAGIN GALLOP FI GUEREDO P.A. Attorneys & Counselors 3225 Aviation Avenue, Suite 301 Miami, Florida 33133 Telephone: (305) 854 -5353 Facsimile: (305) 854 -5351 Finance Director July 9, 2003 Hakeem Oshikoya Matter ID: 0022 -001 City of South Miami General Municipal 6130 Sunset Drive Statement No. 14352 City of South Miami, FL 33143 Hours Amount 06/02/2003 EGG Attention to scheduling interviews of city manager candidates. 0.20 35.00 06/02/2003 EGG Telephone conference with Mr. Meyers, MDC comm'n. on ethics. 0.30 52.50 06/03/2003 EAB Attention to voting process for selecting city manager. 0.30 52.50 06/03/2003 EAB Attention to Robert Haddad building permit issue. 0.20 35.00 06/03/2003 EGG Communicated with comm'r. McCrea regarding NUI gas franchise 0.10 17.50 agreement. 06/03/2003 EGG Prepared for and attended city comm In. meeting. 6.00 11050.00 06/04/2003 EAB Attended pre and post agenda meeting with city directors and began 3.00 525.00 analysis of legal questions presented during meeting. 06/05/2003 LRF Conference with Ms. Boutsis regarding question raised by Mr. 1.20 210.00 Youkilis concerning budget ordinance. 06/06/2003 EAB Analysis of Mr. Haddad's construction permit; analysis of FBC and 0.40 70.00 25% modification of structure and requirement to come up to code requirements; telephone conference with Ms. Sonia Lama; and affirmed building department's interpretation and directed Mr. Haddad to Board of Rules and Adjustments. 06/06/2003 EAB Attention to issue whether budget ordinance may be revised by 0.40 70.00 resolution; analysis of section 166.251, Fla. Stat. 06/06/2003 EGG Telephone conference with vice mayor Russell. 0.30 52.50 06/06/2003 EGG Analyzed and advised city manager regarding amendment to budget. 1.00 175.00 06/07/2003 EGG Reviewed a -mails regarding FPL franchise fee and other matters. 0.50 87.50 06/09/2003 EGG Attention to FPL franchise agreement. 0.20 35.00 06/10/2003 EAB Observed commission meeting. 1.00 175.00 06/10/2003 LRF Worked on issues related to Interlocal Agreement and Snapper 2.00 350.00 Creek resolution. Participated in various telephone conferences with Comm'r McCrea regarding same. 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. CONFIDENTIAL - ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number Page: 2 06/10/2003 EGG Reviewed agenda and prepared Mr. Figueredo for city comm'n. 1.00 175.00 meeting. 06110/2003 EGG Telephone conference with vice mayor Russell. 0.40 70.00 06/10/2003 EGG Prepared resolution appointing city manager; telephone calls to vice 0.40 70.00 mayor Russell, Mr. Youkilis and Ms. Navarro. 06/11/2003 EAB Attended charter cable franchise transfer, renewal and bankruptcy 2.50 437.50 seminar. 06/11/2003 EAB Attended post agenda meeting and pre- agenda meeting with staff. 2.40 420.00 06/11/2003 LRF Worked on language for Interlocal Agreement and Snapper Creek 4.20 735.00 resolution; participated in various telephone conferences with Comm'r McCrea and conferenced with Earl Gallop, 06/11/2003 EGG Telephone conference with vice mayor Russell. 0.30 52.50 06/12/2003 EGG Telephone conference with Mr. Youkilis regarding resolution 0.20 35.00 approving amended interlocal agreement for Snapper Creek annexation and budget workshop. 06/12/2003 EGG Attended budget workshop. 2.50 437.50 06/13/2003 EGG Telephone conference with comm'r. Wiscombe. 0.20 35.00 06/13/2003 EGG Reviewed notice of hearing in bankruptcy proceeding concerning 0.20 35.00 Metromedia Fiber Network, Inc. 06/13/2003 EGG Reviewed May 30 letter from Mr. Proctor and exhibits regarding 0.40 70.00 replatting of 3 lots at 5900 SW 84 Court. 06/13/2003 EGG Reviewed letters from communications counsel regarding renewal fo 0.30 52.50 Charter Communications cable franchise and transmitted same to comm'n. 06/13/2003 EGG Reviewed letter from Mr. Flaxman, counsel for Lt. Feldman regarding 0.30 52.50 potential claims. 06/13/2003 EGG Reviewed public records request by Mr. John Shubin and forwarded 0.20 35.00 same to Ms. Taylor. 06/13/2003 EGG Reviewed request by Mr. Protor on behalf of Center for Arthritis and 0.30 52.50 Rheumatic Diseases for use of on- street parking spaces at location adjacent to property; discussed same with Mr. Basu and transmitted request to Mr. Figueredo for handling. 06/13/2003 EGG Reviewed e-mail communications by Ms. Newman regarding 0.20 35.00 complaints against police department command staff. 06/16/2003 LRF Telephone conference with Mr. Procter regarding planning and zoning 0.50 87.50 matter. 06/16/2003 EGG Reviewed and approved Greenberg Traurig invoice for June in the 0.40 70.00 amount of $2,074.42; prepared resolution and city attorney memorandum. 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. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 -001 Statement Number 06/16/2003 EGG Attention to effect of budget amendments and personnel actions on 0.50 labor agreements; reviewed recent judicial opinion on same; telephone conferences with Mr. Youkilis and Mr. Crosland, labor counsel. 06/16/2003 JMP Deliver package to CSM City Hall. 0.75 06/17/2003 LRF Prepared for and attended City Commission meeting. 7.00 Page: 3 �4&111411 15.00 1,225.00 06/17/2003 EGG Reviewed and responded to e-mail communications from commrIs 0.40 70.00 regarding resident question concerning special agenda format and multiple items to be addressed. 06/17/2003 EGG Reviewed response to request for production of documents. 2.50 06117/2003 EGG Reviewed and transmitted public records request to Ms. Taylor 0.20 regarding Lt. Feldman. 06/17/2003 EGG Prepared for and attended special city comm'n. meeting and budget 4.50 workshop. 06/18/2003 EGG Attention to disallowance of payment to Architectonica. 0.20 06/18/2003 EGG E -mail communication regarding MRP litigation and scheduling of 0.10 attorney - client meeting. 06/18/2003 EGG Attended meeting with Ms. Navarro regarding background and 0.30 contract with new city manager. 06/18/2003 EGG Telephone conference with comm'r. McCrea. 0.50 06/19/2003 EGG Telephone conferences with mayor Feliu and Ms. Maria Davis 1.00 regarding CM contract. 06/19/2003 EGG Telephone conference with Subrata regarding several planning 0.50 issues. 06/19/2003 EGG Telephone conference with Ms. Sylvia Cadiglia, comm'r. Morales 0.30 aide, regarding county comm'n, committee rejection of resolution transferring jurisdiction over certain streets and attention to further handling needs. 437.50 35.00 I! : 0111 35.00 17.50 52.50 87.50 175.00 87.50 52.50 06/19/2003 EGG Reviewed and approved invoice 9041 by Kurzban, etc, in the amount 0.30 52.50 of $2,074.49 for MRP litigation; prepared resolution and city attorney memo. 06/20/2003 EAB E -mail communications with A.C. Mills regarding the Ashbritt 0.30 52.50 contract. 06/20/2003 EAB Attention to Mr. Neil Flaxman's public record request and provided 0.30 52.50 direction to city clerk; police chief and h.r. director on responding to request. 06/20/2003 LRF Met with Mr. Basu to discuss various planning and zoning matters. 2.80 490.00 06/20/2003 EGG Responded to comm'r. inquiries. 0.20 35.00 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. CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Matter ID: 0022 =001 Statement Number Page: 5 Total hours: 75.70 Expenses Please notify us within 05/30/2003 Parking Charge 10.00 06/02/2003 Mileage 3.00 06/02/2003 Mileage 3.00 06/12/2003 Parking Charge 6.00 06/16/2003 Mileage 3.00 06/17/2003 Legal research 41.48 06/23/2003 Mileage 3.00 06/24/2003 Mileage 3.00 06/30/2003 Postage Charge 23.29 06/30/2003 Photocopies 546.75 06/30/2003 Telefacsimile charge 261.00 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 ID: 0022 -001 For Professional Services For Disbursements Incurred Current Balance: CONFIDENTIAL- ATTORNEY /CLIENT PRIVILEGED Statement Number To be properly credited, please indicate Statement Number on your remittance check. Page: 6 0.00 903.52 903.52 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.