08-17-04 Item 10- CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Hakeem Oshikoya, finance director
Date: August 6, 2004
Mayor and city commission
Maria V. Davis, city manager
/0
From: Luis R. Figueredo, city attorney
Re: Payment of Kurzban
Kurzban Weinger &
Tetzeli, P.A. Invoice for
$3,947.99
REQUEST
Payment of Kurzban Kurzban Weinger & Tetzeli, P.A.'s invoice number 10709 dated July 7,
2004 of $3,947.99 for services rendered in defense of Mark Richman Properties, Inc. v. City
of South Miami, Case No. 03- 07058 -CA -24 (Fla. 11"' Cir. Ct. 2003).
BACKGROUND AND ANALYSIS
Mark Richman Properties, Inc. initiated litigation against the city in which it seeks specific
performance under a lease agreement and, or, $4.5 million in damages for an alleged breach
of contract pertaining to the proposed development of the SW 73`a Street parking lot. With
the city commission's consent, the city attorney retained special litigation counsel to defend
against the action. The total billed to date for fiscal year 2003 -04 is $7,814.62. 1 recommend
payment of this invoice by the finance department as the amount of fees and costs are
reasonable and necessary.
CITY ATTORNEY ACCOUNT STATUS
This matter is charged to city attorney account no. 1500 -514 -3450, other contractual services.
As of August 3, 2004 the account balance is $72,185.38.
RECOMMENDATION
The finance department issue payment to Kurzban Kurzban Weinger & Tetzeli, P.A.
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5 ATTORNEYS' FEES; APPROVING PAYMENT OF
6 ATTORNEYS' FEES FOR KURZBAN KURZBAN WEINGER &
7 TETZELI, P.A. IN THE AMOUNT OF $3,947.99; CHARGING
8 $3,947.99 TO ACCOUNT NO. 1500 -514 -3450, OTHER
9 CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE
10 DATE.
11
12 WHEREAS, Mark Richman Properties, Inc. initiated litigation against the
13 City of South Miami in which it seeks specific performance under a lease
14 agreement and, or, damages for an alleged breach of contract pertaining to the
15 proposed development of the SW 73 Street parking lot; and,
16
17 WHEREAS, with the city commission's consent, the city attorney retained
18 special litigation counsel, Kurzban Kurzban Weinger & Tetzeli, P.A. to defend the
19 lawsuit; and,
20
21 WHEREAS, Kurzban Kurzban Weinger & Tetzeli, P.A. submitted its
22 invoice to the City for legal services rendered, and costs advanced, for the period
23 ending June 30, 2004, totaling $3,947.99; and,
24
25 WHEREAS, as of August 3, 2004, the existing balance is $72,185.38 in
26 city attorney account no. 1500 -514 -3450, other contractual services.
27
28 WHEREAS, the city attorney recommends payment of the attached invoice
29 as the amount of fees and costs are reasonable and necessary.
30
31 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
33
34 Section 1. The invoice for attorneys' fees and costs received from
35 Kurzban Kurzban Weinger & Tetzeli, P.A. totaling $3,947.99 is approved for
36 payment and charging the amount to account no. 1500 -514 -3450, other contractual
37 services.
38
39 Section 2. This resolution shall take effect immediately upon approval
Additions shown by underlining and deletions shown by ovefstr-il4g.
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of August, 2004.
�.... 611M
MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Birts- Cooper:
Commissioner Sherar:
Commissioner Wiscombe:
\ \02srvplaw \prolaw \Documents \0022\REC\24616.doc - Reso. - KKW &T Invoice
Page 2 of 2
CITY OF SOUTH MIAMI
6130 Sunset Drive, South Miami, Florida 33143
Vendor: Kurzban Kurzban Weinger & Tetzeli, P.A. Req. No. 47, FY 2003 -04
Date: August 6, 2004
Finance Department
Item
No.
Quantity
Description and
Specifications
Account Number
Unit Price
Total
1
1
Other Contractual
1500 -514 -3450
$3,947.99
$3,947.99
Services
TOTAL 1 1 $3,947.99
Purchase Order No. I Terms/Discount
I Hereby Certify That The
Above Material, Equipment,
Or Service Is Essential And A
Proper Request Agans The
Codes Charge
Coding of Accounts Approved
Purchases as Above Approved
and Issuance of Purchase Order
Authorized
Sufficiency of Appropriation
Balances Verified (Except As
Otherwise Noted)
Finance Department City Manager
F
KURZBAN KURZBAN WEINGER & TETZELI, P.A.
2650 SOUTHWEST 27TH AVENUE, 2ND FLOOR
MIAMI, FLORIDA 33133
(305) 444 -0060
TAX ID # 59- 1778659
CITY OF SOUTH MIAMI
C/O EARL E. GALLOP, ESQ.
3225 AVIATION AVENUE, SUITE 301
MIAMI, FL 33133
MARK RICHMAN PROPERTIES, INC. VS. CITY OF S. MIAMI
PAGE: 1
07/01/2004
CLIENT NO: 3917 -0001M
STATEMENT NO: 10709
EXPENSES
05/04/04
FAX CHARGES
HOURS
05/05/04
P, REVIEWED STATUS, MEETING WITH CITY ATTORNEY OFFICE
1.50
05/20/04
RECEIVED AND INITIAL REVIEW OF PROPOSED SETTLEMENT
1.00
06/03/04
REVIEW OF DOCUMENTS; TELEPHONE CALL RE PROPOSED SETTLEMENT
0.60
06/11/04
TERMS
1.00
06/07/04
TELEPHONE CONFERENCE RE POSSIBLE SETTLEMENT
0.90
06/11/04
REVIEWED AND FULLY EDITED PROPOSED SETTLEMENT
2.80
06/16/04
REVIEWED REVISIONS AND AGREEMENT, EMAIL AND TELEPHONE CALLS
1.10
DRAFT MEMO OF LAW RE MOTION TO DISMISS
2.70
06/17/04
DRAFT /RESEARCH MOTION DISMISS MEMO
2.20
06/21/04
WORK ON MEMO LAW; R &R MESS. RE HEARING FROM OPPOSING
COUNSEL; TELEPHONE CONFERENCE WITH JUDGE'S OFFICE
1.90
FOR CURRENT SERVICES RENDERED
15.10 3,775.00
EXPENSES
05/04/04
FAX CHARGES
6.00
05/17/04
POSTAGE
0.37
06/11/04
PHOTOCOPY CHARGE
0.30
06/11/04
PHOTOCOPY CHARGE
0.60
06/11/04
POSTAGE
0.37
TOTAL EXPENSES 7.64
04/07/04 CAMPBELL AUTO PARK 8.00
05/01/04 WEST GROUP - LEGAL RESEARCH 157.35
TOTAL ADVANCES 165.35
TOTAL CURRENT FEES & EXPENSES 3,947.99
PREVIOUS BALANCE $4,457.82
PAYMENTS
05/19/04 FEE PAYMENT RECEIVED -62.50
05/19/04 COST PAYMENT RECEIVED -2.67
PAGE: 2
CITY OF SOUTH MIAMI 07/01/2004
CLIENT NO: 3917 -0001M
STATEMENT NO: 10709
MARK RICHMAN PROPERTIES, INC. VS. CITY OF S. MIAMI
06/16/04 FEE PAYMENT RECEIVED - 3,350.00
06/16/04 COST PAYMENT RECEIVED -34.64
06/16/04 ADVANCED COSTS PAYMENT RECEIVED - 842.16
TOTAL PAYMENTS - 4,291.97
TOTAL BALANCE DUE $4,113.84
AGED DUE AMOUNTS
0 -30 31 -60 61 -90 91 -120 121 -180 181+
3,947.99 0.00 0.00 0.00 0.00 165.85