05-15-07 Item 12South Miami
All- AmericaCify
CITY OF SOUTH MIAMI 11111,
Zoi9 OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: Yvonne S. McKinley, City Manager 1i1ir
From: Jeanette Enrizo, Human Resource Manager
Human Resource 14;ls Date: Ma 15 2007 A enda Item No..
Y � g
Subject: Approval of Legal Services
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO PENSION CONSULTING FEES;
APPROVING ATTORNEYS' FEES FOR SUGARMAN AND SUSSKIND, P.A. IN
THE AMOUNT OF $5,400 TO BE CHARGED TO ACCOUNT NUMBER 01 -1500-
514 -3440; PROVIDING FOR AN EFFECTIVE DATE.
Request: Authorizing payment to Sugarman and Susskind, P.A. for legal services.
Reason/Need: Due to concerns brought up by a resident during a City Commission meeting, the
Pension Consulting Attorney (Sugarman & Susskind, P.A.) was directed to attend
City Commission meetings on 10/03/06, 10/17/06, 02/06/07 to address the
concerns and to provide information regarding pension. Although Sugarman &
Susskind, P.A. are currently on retainer services with the Pension Board, the
service provided during the City Commission meetings were outside the scope of
their retainer agreement. The $5,400 will be charged to account number 01-
1500- 514 -3440, with current balance of $28,000.
Cost: $5,400
Funding Source: Account Number: 01- 1500- 514 -3440
Backup Documentation:
❑ Proposed Resolution
❑ Invoices for Legal Services from January to February 2007
❑ Retainer Agreement
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RESOLUTION NO.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO PENSION CONSULTING FEES; APPROVING
ATTORNEYS' FEES FOR SUGARMAN AND SUSSKIND, P.A. IN THE AMOUNT OF
$5,400 TO BE CHARGED TO ACCOUNT NUMBER 01- 1500 - 514 -3440; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS; Sugarman and Susskind, P.A. provided legal services for pension matters including
visits to the City Commission meetings on 10/03/06, 10/17/06 and 02/06/07 to address concerns raised
by a resident and clarified other pension issues for the City Commission; and,
WHEREAS, the $5,400 legal service fee will be charged to account no. 01 -1500 -514 -3440 with a
current balance of $28,000.
NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Commission is authorizing payment of consulting attorneys' fees in an amount of
$5,400.00 to be charged to account number 01- 1:500- 514 -3440 with a current account balance of
$28,000.
Section 2: The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
Include File Name and Path
day of , 2007.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor'Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
Sugarman & Susskind P.A.
2801 Ponce de Leon Boulevard
Suite 750
Coral Gables, Florida 33134
Telephone: (305) 529 -2801
Fax: (305) 447 -8115
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Client:Matter SMIA:MEET
In Reference To: MEETINGS
Professional Services Rendered thru October 31, 2006: .
10/02/2006 Prepare for meeting .
For professional services rendered
Client:Matter SMIA:PENS
In Reference To: Pension Plan
Professional Services
10/02/2006 Review, research and respond e-mail city attorney reference
ordinance amendment board make up date change
10/03/2006 Review and respond e-mail city attorney reference ordinance
amendment
Attend city commission meeting reference ordinance amendment
10/05/2006 Review, research and revise proposed ordinance amendment
reference compliance with collective bargaining agreements and
Telephone conference with actuary
10/10/2006 Review and respond e-mail client reference revisions to ordinance
amendment
10/12/2006 Research and revised proposed ordinance amendment reference
compliance with collective bargaining agreements
°10/13/2006 Review and revised proposed ordinance amendment reference
collective bargaining agreement and Telephone conference with
actuary pd2porlV1 fvy- (0
January 17, 2007
Hrs/Rate Amount
0.50 150.00
300.00/hr
------ - - - - -- ------- - - - - --
0.50 $150.00
Hrs/Rate Amount
1.00 300.00
300.00/hr
0.50 150.00
300.00/hr
0.50 150.00
300.00/hr
3.00 900.00
300.00/hr
0.50 150.00
300.00/hr
4.00 1,200.00
300.00/hr
3.00 900.00
300.00/hr
5,
10/17/2006 Attend meeting city commission reference ordinance amendme
I" reading
10/19/2006 Telephone conference with client reference Merrick
10/31/2006 Review, revise and respond e-mail reference memo to employees
For professional services rendered
CURRENT FEES:
CURRENT COSTS:
PREVIOUS BALANCE:
PAYMENTS RECEIVED:
TOTAL AMOUNT DUE:
$4,800.00
$ 0.00
$ 0.00
$4,84.00
0.00
300.00/hr
0.50
300.00/hr
1.50
300.00/hr
15.50
300.00
150.00
450.00
$4,650.00
Sugarman & Susskind
2801 Ponce de Leon Boulevard
Suite 750
Coral Gables, Florida 33134
Telephone: 305-529-2801
Fax: 305- 447 -8115
City of South Miami
6130 Sunset Drive
South Miami FL 33143
Client:Matter SMIA:MEET
In Reference To: Meetings
February 01, 2007
Invoice #46855
Professional Services
Hrs /Rate Amount
1/18/2007 Attend meeting reference invoices and retainer 0.50 150.00
300.00 /hr
For professional services rendered 0.50 $150.00
Previous balance $2,175.00
Balance due $2,325.00
Client:Matter SMINPENS
In Reference To: Pension Plan
Amount
Previous balance $6,150.00
Balance due $6,150.00
SUGARMAN & SUSSKIND
PROFESSIONAL ASSOCIATION
ATTORNEY'S AT LAW
Robert A. Sugarman
Howard S. Susskind
David E. Robinson
Kenneth R. Harrison, Sr.
D. Marcus Braswell, Jr.
Pedro A. Herrera
February 5, 2007
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
CURRENT FEES:
CURRENT COSTS:
PREVIOUS BALANCE:
PAYMENTS RECEIVED:
TOTAL AMOUNT DUE:
150.00
0.00
8,475.00
0.00
8,625.00
Two Datran Center, Suite 1129
9130 South Dadeland Boulevard
Miami, Florida 33156
(305) 529 -2801
Broward 763 -2566
Toll Free 1- 800 -329 -2122
Facsimile (305) 447 -8115
V
SUGARMAN & SUSSKIND
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
Robert A. Sugarman
Howard S. Susskind
David E. Robinson
Kenneth R. Harrison, Sr.
D. Marcus Braswell, Jr.
Pedro A. Herrera
Mauch 5, 2007
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
CURRENT FEES:
CURRENT COSTS:
PREVIOUS BALANCE:
PAYMENTS RECEIVED:
TOTAL AMOUNT DUE:
Two Datran Center, Suite 1129
9130 South Dadeland Boulevard
Miami, Florida 33156
(305) 529 -2801
Broward 763 -2566
Toll Free 1- 800 -329 -2122
Facsirtiale (305) 447 -8115
300.00
0.00
8 „625.00
3,525.00 =ck #05597
5,400.00
el
Sugarman & Susskind
Two Datran Center, Suite 1129
9130 South Dadeland Boulevard
Miami, Florida 33156
Telephone: 305.-529-2801
Fax: 305- 447 -8115
0
City of South Miami March 05, 2007
6130 Sunset Drive Invoice #47332
South Miami FL 33143
Client:Matter SMIAWEET
In Reference To: Meetings
Frofessonal Services se
01 CL-+[C Lchecl
&"L L Hrs /Rate Amount
2/6/2007 Attend meeting and travel 0.50 150.00
300.00 /hr
Attend meeting 0.50 150.00
300.00 /hr
For professional services rendered 1.00 $300.00
Previous balance .$2,325.00
2/26/2007 Payment - Thank You. Check No. 055974 ($1,725.00)
2/26/2007 Payment - Thank You. Check No. 055974 ($150.00)
2/26/2007 Payment - Thank You. Check No. 055974 ($150.00)
Total payments and adjustments ($2,025.00)
Balance due
Client:Matter SMIA:PENS
In Reference To: Pension Plan
$600.00
City of South Miami Page 2
Amount
Previous balance $6,150.00
2/26/2007 Payment - Thank You. Check No. 055974 'x($1,500.00)
Total payments and adjustments ($1,500.00)
Balance due $4,650.00 ``
SUGARMAN & SUSSKIND
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
Robert A. Sugarman ♦ 2801 Ponce De Leon Boulevard
Howard S. Susskind Suite 750
David E. Robinson Coral Gables, Florida 33134
Kenneth R. Harrison, Sr. t�9 (305) 529 -2801
$'� Broward 327 -2878
D. Marcus Braswell, Jr. ( .�.
George S. Aude , i� i i% `T . , Toll Free 1- 800 -329 -2122
Charles A. Gibson !; Facsimile (305) 447 -8115
♦ Board Certified Labor SEp 1 G'
& Employment Lawyer 6
August 7, 2002
Board of Trustees
City of South Miami Pension Funds
c/o Ms. Jeanette Navarro, Human Resources
6130 Sunset Drive
South Miami, Florida 33143
Re: City of South Miami Pension Funds
Dear Trustees:
Thank you for retaining our firm. We look forward to working with you for the benefit
of the Pension Funds, the trustees and the participants and beneficiaries
This is to confirm the terms of our retainer agreement. The following services will be
provided for a monthly retainer of $1,250.00, commencing August 1, 2002. This fee .
arrangement shall remain in effect through 2004, at which time the Retainer Agreement may be
reviewed and the fee adjusted accordingly, although you have the right to discharge us as your
attorneys at any time.
The services included under the retainer arrangement are as follows:
• Attendance at all quarterly meetings of the Boards of Trustees;
• Research and preparation of Special Reports and educational workshops
concerning new laws or case decisions;
• Drafting of Amendments to Pension Ordinance;
• Drafting of Policy Statements or Procedures
• Advise on compliance with relevant Florida Statutes, including but not limited
to, Chapters 112 and 185, Florida Sunshine Laws and Public Records Acts;
• Participation in negotiations with service providers and drafting or amending
service provider agreements;
a
Board of Trustees
City of South Nfiami Pension Funds
August 7, 2002
Page 2
• Provision of written and verbal general legal opinions to the Boards of
Trustees regarding Plan and statutory interpretations (including telephone
advice);
• Legal opinions and correspondence regarding Qualified Domestic Relations
Orders and Income Deduction Orders;
• All office work connected with informal and formal disability claim
proceedings;
• All services in connection with collection of subrogation claims, excluding
litigation;
• Correspondence with members' attorneys, regulatory agencies, city, vendors
and others;
• Photocopying not in connection with litigation;
• Consultation with and review of work of special counsel (such as securities
fraud lawyers) as may be retained by the boards of trustees; and
• Reviewing Summary Plan Description updates.
Under the proposed monthly arrangement the following are excluded and will be billed at
the discounted hourly rate of $200.00:
• Legal fees and costs associated with lawsuits or regulatory proceedings
brought by or against the Trust Fund;
• Out -of -office work on disability proceedings (doctors' depositions and special
trustee meetings);
• Legal services and costs in connection with Division of Retirement, Internal
Revenue Service and other regulatory agency audits, investigations and
proceedings;
• Legal services and costs in connection with mergers, consolidations, or
termination, and
• Special projects of a significant and non - routine nature authorized by the
Trustees which would include substantial rewriting or revisions of ordinance,
creation of new benefit programs (such as health insurance subsidy trust
fund), IRS Determinations and associated out -of- pocket expenses.
We also bill for out -of- pocket costs, such as photocopying, computerized legal research,
special postage (such as certified mail), long distance. telephone, travel expenses outside South
Florida, filing fees, court reporter's fees and word processing.
e
Board of Trustees
City of South Miami Pension Funds
August 7, 2002
Page 3
Our bills are rendered monthly by our computerized billing system.
To indicate your agreement to this, please sign the two original copies of this letter
below and return one copy to me.
ur-s trn}v
OBFR
WE HEREBY AGREE to the terms and conditions set forth in the aforementioned fee
arrangement.
7 , 02.
RAS /jd
G:IISMPFa NRTmpg==tAgte=ent -LtC
CITY OF SOUTH MIAMI PENSION FUNDS
I vPrint Name:. ill E V 6