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02-03-09 Item 12I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING ATTORNEYS' FEES FOR 6 NAGIN GALLOP FIGUEREDO, P.A. IN THE AMOUNT OF 7 $22,100.00; CHARGING $22,100.00 TO ACCOUNT NO. 001 -1500- 8 514.31 -20; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of South Miami approved 11 Resolution No. 14 -05 -11993 authorizing payment of City Attorney non - retainer 12 attorneys' fees and costs; and, 13 14 WHEREAS, Nagin Gallop Figueredo, P.A., submitted invoices to the City for 15 legal services rendered, and costs advanced, for the period ending 16 January 28, 2009, in the amount of $22,100.00; and, 17 18 WHEREAS, the office of the City Attorney recommends payment of the attached 19 invoices. 20 21 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 22 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 23 24 Section 1. The invoices for attorneys' fees and costs received from Nagin 25 Gallop Figueredo, P.A., in the total amount of $22,100.00 is approved for payment; 26 charging to account no. 001 - 1500 - 514.34 -10 leaving a remaining balance in the account 27 of $98,455.98. 28 29 Section 2. This resolution shall take effect immediately upon approval. 30 31 PASSED AND ADOPTED this day of February, 2009. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37 38 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 39 Mayor Feliu: 40 Vice Mayor Beasley: 41 Commissioner Palmer: 42 Luis R. Figueredo Commissioner Beckman: 43 Nagin Gallop Figueredo, P.A. Commissioner Newman: 44 Office of the City Attorney Additions shown by underlining and deletions shown by evofstfikin . 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 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 $22,100.00 and requisition no. 4 FY 2008 -09. I have tabulated the amounts currently due on each individual file as follows: ]Billing Account No. 001 - 1500 - 514.34 -10 0022 -046 Merrick v. City of South Miami Prof l Services 100.00 Invoice No. 19846 dated 1128109 Disburesments 0.00 Total Due 100.00 0022 -083 Planning Board Prof! Services 1,640.00 Invoice No. 19847 dated 1128109 Disburesments 0.00 Total Due 1,640.00 0022 -137 Special Master Hearings Prof l Services 2,120.00 Invoice No. 19848 dated 1128109 Disburesments 0.00 Total Due 2120.00 0022 -181 Special Meetings Prof'1 Services 500.00 Invoice No. 19849 dated 1128109 Disburesments 0.00 Total Due 500.00 0022 -210 Pension Amendments Prof'l Services 15,200.00 Invoice No. 19850 dated 1128109 Disburesments 0.00 Total Due 151,200.00 Ajibola Balogun, City Manager CITY OF SOUTH MIAMI January 29, 2009 0022 -213 FPL Transmission Lines Project Prof'l Services 240.00 Invoice No. 19851 dated 1128109 Disburesments 0.00 Total Due 240.00 0022 -217 Revisions to Land Development Prof 'l Services 2,300.00 Invoice, No. 19852 dated 1128109 Disburesments 0.00 Total Due 2,300.00 Grand Total $22,100.00 Do not hesitate to call me if you have any questions regarding these statements. LRF:Icm Enclosures cc: Mayor and City Commission Very truly yours, uis 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 Item No. Quantity Description and Specifications Account Number Unit Price Total 1 7 001- 1500 - 514.34 -10 $22,100.00 $22,100.00 F� - TOTAL $22,100.00 I Purchase Order No. I Terms/Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The C arge Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Finance NAGIN GALLOP FIGUEREDORA. 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 -046 City Manager City of South Miami Merrick v. City of South Miami 6130 Sunset Drive Invoice Number 19846 City of South Miami, FL 33143 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. Rate Summary Luis R. Figueredo Payments 1/13/2009 Payrrient Total Professional Services ' 100.00 0.50 hours at $ 200.00 /hr Total hours: 0.50 Check No.: 63990 Sub -total Payments 100.00 1,600.00 1,600.00 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 -046 Statement No.: 19846 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you Total Due Page: 2 100.00 0.00 100.00 1,600.00 1,600.00 100.00 Invoice Number: 19846 To be properly credited, please indicate Invoice Number above on your remittance check. I 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 FIGUEREDOrA 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 6130 Sunset Drive Invoice Number 19847 City of South Miami, FL 33143 Rate Summary Total Professional Services 1,640.00 Luis R. Figueredo 8.20 hours at $ 200.00/hr 1,640.00 Total hours: 8.20 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 1/15/2009 LRF Telephone conference with Matilde regarding Bank of America bridge 0.30 60.00 loan. 1/16/2009 LRF Reviewed tax assessment and exemption denial; and telephone 0.50 100.00 conference with Ms. Matilde Menendez regarding same. 1/22/2009 LRF Parking garage reviewed initial draft of Declaration of Condominium for 3.70 740.00 parking garage. Telephone conference with Mr. 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 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 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. Rate Summary Total Professional Services 1,640.00 Luis R. Figueredo 8.20 hours at $ 200.00/hr 1,640.00 Total hours: 8.20 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 -083 Statement No.: 19847 Page: 2 Payments 1/13/2009 Payment Check No.: 63990 1,710.00 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 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 FIGUEREDOP. A: Attorneys & Counselors Rate Summary Eve A. Boutsis Payments 1/13/2009 Payment 10.60 hours at $ 200.00 /hr 2,120.00 Total hours: 10.60 Check No.: 63990 160.00 Sub -total Payments: 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. 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 -137 City Manager Special Master Hearings City of South Miami - 6130 Sunset Drive invoice Number 19848 City of South Miami, FL 33143 Hours Amount 12/30/2008 EAB Communications with Ms. Eva Rosa regarding continuing compliance 0.40 .80.00 matters (barking dog, foreclosure property and number of persons living as a family unit). 1/8/2009 EAB Attention to Palms at Sunset item. 0.20 40.00 1/13/2009 EAB Attended foreclosure seminar and foreclosure court and relation to 1.50 300.00 city advalorem and liens. 1/15/2009 EAB Prepared for and attended special master hearing. 2.00 400.00 1/23/2009 EAB Attended Judge Batley's seminar on homestead foreclosures, new 4.00 800.00 system, and relation to municipalities. 1/28/2009 EAB Drafted code division relating to abandoned property. 2.50 500.00 Total Professional Services 2,120.00 Rate Summary Eve A. Boutsis Payments 1/13/2009 Payment 10.60 hours at $ 200.00 /hr 2,120.00 Total hours: 10.60 Check No.: 63990 160.00 Sub -total Payments: 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. 0 Nagin Gallop Figueredo P.A. Matter ID: 0022 -137 Statement No.: 19848 Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 2,120.00 0.00 160.00 160.00 Total Due 2,120.00 Invoice Number: 19848 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. NAGIN GALLOP FIGUEREDOP.A. 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 -181 City Manager Special Meetings - CSM City of South Miami 6130 Sunset Drive Invoice Number 19849 City of South Miami, FL 33143 Hours Amount 1114/2009 LRF Attended special meeting to install new commissioner Valerie 0.70 140.00 Newman. 1/19/2009 LRF Attended meeting with Mr. Balogun and Commissioner Newman to 1.80 360.00 review ethics issues and code of conduct. Rate Summary Luis R. Figueredo Payments 12/22/2008 Payment Total Professional Services 500.00 2.50 hours at $ ' 200.00/hr Total hours: 2.50 Check No.: 63762 Sub -total Payments: 160.00 160.00 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 notreceived within 30 days. 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 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. D NAGIN GALLOP FI GUERED OP.A. 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 -210 City Manager Pension Amendments City of South Miami 6130 Sunset Drive Invoice Number 19850 City of South Miami, FL 33143 Hours Amount 1/13/2008 HJM Continued preparing response to Retirement Director, Ms. Sarabeth 7.80 1,560.00 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. 1/5/2009 HJM Received and reviewed documents from City Manager, Mr. Ajibola 0.80 160.00 Balogun, regarding additional names for pension research. 1/5/2009 HJM Conference with Mr. Luis Figueredo concerning pension research. 0.20 40.00 115/2009 HJM Conducted legal research on issue of whether the City's pension plan 4.80 960.00 requires employees to formally opt -out if they are not to be included in the plan. 1/5/2009 LRF Meeting with city manager to address pension issue, methodology 2.00 400.00 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 7.40 1,480.00 whether City's action concerning its pension violate Florida or Federal law, including ERISA provisions. 1/7/2009 HJM Received and reviewed ordinance and resolution and pertinent 2.00 400.00 attachments from Mr. Luis Figueredo concerning Pension Plan. 1/7/2009 HJM Prepared e-mail correspondence to Matilde Menendez re: 0.10 20.00 documentation from auditors. 117/2009 HJM Continued conducting legal research on the City's potential liability 4.80 960.00 concerning its Pension Plan. 1/7/2009 LRF Pension - follow up with Mr. Montalvo on status of research, 1.60 320.00 ordinances and actions and issues potentially affecting the city's 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 -210 Statement No.: 19850 Page: 2 Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you Rave regarding this invoice. Interest at a .rate of 1.5% per month will be charged if payment is not received within 30 days. liability. Reviewed research. 1/8/2009 HJM Continued reviewing voluminous file including all ordinances, 2.00 400.00 resolutions and amendments. 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. 1/8/2009 LRF Reviewed pertinent sections of files relating to pension and personnel 3.00 600.00 that did not participate in pension. Discussed same with Mr. Montalvo. 1/9/2009 HJM Attended conference with Mr. Luis Figueredo, Mr. Ajibola 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 Ajibola Balogun to address matters related to pension plan. 1/9/2009 LRF Conference with Mr. Montalvo regarding additional material submitted 0.20 40.00 by Personnel department and ordinance preparation. 1/12/2009 HJM Continued conducting legal research on whether a pension must be 2.80 560.00 provided to City employees other than police. 1/12/2009 HJM Continued conducting legal research and reviewing file in preparation 3.40 680.00 for response to Tallahassee agency and request for hearing. 1/12/2009 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 "opting -out" concerning pension plan. 1/12/2009 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. 1/14/2009 HJM Cotninued preparing response to DRS agency. 0.40 80.00 1/14/2009 HJM Continued conducting legal research in preparation of response to 3.80 760.00 agency. 1/14/2009 HJM Continued reviewing file. 0.60 120.00 1/16/2009 LRF Telephone conference with Mr. Balogun to coordinate meeting with 0.30 60.00 Mr. Banos regarding Pension and proposal to address concerns raised by Board. 1/19/2009 HJM Conducted and updated the legal research on pension legal 3.50 700.00 requirements In anticipation 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. 1/28/2009 HJM Reviewed pension file together with Mr. Luis Figueredo in anticipation 1.00 200.00 of meeting with Mr. Balogun and Ms. Navarro concerning pension. Payment is due upon receipt. Please notify us within 10 days of receipt of any questions you Rave 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 -210 Statement No.: 19850 Page: 3 1/28/2009 HJM Attended meeting with Mr. Balogun and Mr. Figueredo regarding 2.00 400.00 pension. 1/28/2009 LRF Reviewed pension file together with Mr. James Montalvo in 1.00 200.00 anticipation of meeting with Mr. Balogun and Ms. Navarro concerning pension. 1/28/2009 LRF Attended meeting with Mr. Balogun and Mr. Montalvo regarding 2.00 400.00 pension. Rate Summary H. James Montalvo Luis R. Figueredo Payments 1/13/2009 Total Professional Services 15,200.00 62.70 hours at $ 200.00/hr 12,540.00 13.30 hours at $ 200.00 /hr 2,660.00 Total hours: 76.00 Payment Check No.: 63990 1,200.00 Sub -total Payments: 1,200.00 For Professional Services 15,200.00 For Disbursements incurred 0.00 Current Balance: 15,200.00 Previous Balance: 1,200.00 Payments - Thank you 1,200.00 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 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. 4 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 Ajibola Balogun Matter ID: 0022 -213 City Manager FPL Transmission Lines Project City of South Miami 6130 Sunset Drive Invoice Number 19851 City of South Miami, FL 33143 Hours Amount 1/12/2009 LRF Meeting with Commissioner Heckman, the City Manager and city 1.20 240.00 staff regarding FPL transmission line. Total Professional Services 240.00 Rate Summary Luis R. Figueredo 1.20 hours at $ 200.00/hr 240.00 Total hours: 1.20 Payments 1/13/2009 Payment Check No.: 63990 Sub -total Payments: 2,100.00 2,100.00 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 -213 Statement No.: 19851 . Page: 2 For Professional Services For Disbursements Incurred Current Balance: Previous Balance: Payments - Thank you 240.00 0.00 240.00 2,100.00 2,100.00 Total Due 240.00 Invoice Number: 19851 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. NAGIN GALLOPFIGUEREDOPA. 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 -217 City Manager Revisions to Land Development City of South Miami 6130 Sunset Drive Invoice Number 19852 City of South Miami, FL 33143 Hours Amount 12/29/2008 LRF Reviewed and revised draft chapters to land development code 1.00 200.00 prepared by Commissioner Beckman. Research and reviewed numerous municipal codes. 12/30/2006 LRF Reviewed and revised draft chapters to land development code 1.00 200.00 prepared by Commissioner Beckman. Research and reviewed numerous municipal codes. 1/5/2009 LRF Planning reviewed and revised chapters to Land Development Code 2.00 400.00 1/6/2009 LRF Reviewed and revised draft chapters to land development code 2.50 500.00 prepared by Commissioner Beckman. Research and reviewed numerous municipal codes and meeting with Commissioner Beckman to discuss revisions, formatting and alternative methodologies 117/2009 LRF Reviewed and revised draft chapters to land development code 3.00 600.00 prepared by Commissioner Beckman. Conference with Commissioner Beckman to discuss revisions, formatting and alternative methodologies. Research and reviewed numerous municipal codes. 1/13/2009 LRF Reviewed and revised draft chapters to land development code 2.00 400.00 prepared by Commissioner Beckman. Conference with Commissioner Beckman to discuss revisions, formatting and alternative methodologies. Rate Summary Luis R. Figueredo 11.50 hours at $ Total hours: 11.50 Total Professional Services 2,300.00 200.00 /hr 2,300.00 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. q Nagin Gallop Figueredo P.A. Matter ID: 0022 -217 Statement No.: 19852 Page: 2 Payments 1/13/2009 Payment Check No.: 63990 5,200.00 Sub -total Payments: 5,200.00 For Professional Services 2,300.00 For Disbursements Incurred 0.00 Current Balance: 2,300.00 . Previous Balance: 5,200.00 Payments - Thank you 5,200.00 Total Due 2,300.00 Invoice Number: 19852 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.