08-17-04 Item 11/I
I RESOLUTION NO.
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4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
6 LEGAL SERVICES; APPROVING A RETAINER FEE FOR
7 TANNEBAUM PLANAS & WEISS, LLP, IN THE AMOUNT OF
8 $5,000; CHARGING $5,000 TO ACCOUNT NO. 1500 -514 -3450,
9 OTHER CONTRACTUAL SERVICES; PROVIDING AN
10 EFFECTIVE DATE.
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13 WHEREAS, the Mayor and City Commission of the City of South Miami,
14 upon the recommendation of the city attorney's office, have agreed to retain the
15 legal services of Tannebaum Planas & Weiss, LLP to provide the City with legal
16 advice and assistance concerning future assessments for the Shops of Sunset and
17 Valencia Place Apartments; and,
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19 WHEREAS, Daniel A. Weiss submitted his engagement letter of July 19,
20 2004, a copy of which is attached to this resolution; and
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22 WHEREAS, the city attorney's office recommends payment of the retainer
23 fee.
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25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
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28 Section 1. The retainer fee for Tannebaum Planas & Weiss, LLP in the
29 amount of $5,000 is approved for payment and charging the amount to account no.
30 1500 -514 -3450, Other Contractual Services.
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32 Section 2. This resolution shall take effect immediately upon approval.
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34 PASSED AND ADOPTED this day of August, 2004.
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36 ATTEST: APPROVED:
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39 CITY CLERK MAYOR
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Additions shown by underlining and deletions shown by ^v°r n .
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READ AND APPROVED AS TO FORM:
CITY ATTORNEY
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Birts - Cooper:
Commissioner Sherar:
Commissioner Wiscombe:
\ \02srvplaw \prolaw \Documents \0022\REC \24717.doc - Reso - payment of retainer fee for Tannebaum
Planas & Weiss, LLP
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F W7 BRIAN L. TANNEBAUM
JUAN- CARLOS "J.C.- PLANA3
Tannebaum, Planar & 'Weiss, LLp DANIEL A.WMISS
Attorney's at Law JENNIFER J.ATOR
VIA EMAIL AND FACSMLE ONLY
July 19, 2004
Luis Figueredo, Esq.
Office of the City Attorney
City of South Miami
Nagin Gallop Figueredo, F.A.
3225 Aviation Avenue, Suite 301
Miami, Florida 33133 -4741
Fax: 305 -8544 -5351
Email: lfitguerdo @ngf- law.com
Re: Engagement Letter for Professional Legal Services,
Representation of the City of South Miami for 2004
Property Tax Assessment Roll
Dear Mr. Figueredo:
The purpose of this letter is to propose the engagement of our firm for legal services to be
performed in the representation of the City of South Miami as it relates to the 2004
property tax assessment roll.
1. Soope of Legal Services. It is agreed that the firm of Tannebaum Planas
& Weiss, TIP (hereinafter referred to as the "Attorney") shall provide legal services
consisting of representation of the 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
coordinating 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 to be identified by the City.
2. Fees. "Attorney" will be compensated for services rendered with an initial
retainer of $5,000, to be billed at an hourly rate of $250. It is further understood that any
billings by "Attorney" beyond this amount shrill be with the prior consent of the City
Attorney and subject to City Comm ssion's approval.
MUSEUM TOWER
I SO WEST F'LAGL,ER STREET
PENTHOUSE
MIAMI, FLORIDA 33130
TSI,SPHONE: (308) 374-7960
TEI.M rA= (805) 3714 -0081
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,Luis Figueredo, Fsq.
July 19, 2004
Page 2
3. Payment of Expenses. The City shall be responsible for all costs
associated with this matter. ,Accordingly, the City has agreed to pay all of Taxnebaum,
Planes & Weiss's actual out -of- pocket expenses or costs. By way of example, such
expenses include those for long distance telephone charges, Federal Express
photocopying expenses at cost for outside copy service fees and postage. The Attorney's
itemized expenses will be billed to the City each month. Payment in fall of the
Attorney's statements for expenses is due when the statement is received by the City
Attorney. Expenses do not include fees for any experts which may be retained by the City
in conjunction with this matter.
4. Na. Conflict. It is also understood that City Attorney has determined that
no conflict exisis and will not exist during the period of services rendered herein.
If the foregoing is agreeable to you, please acknowledge same by executing this letter and
returning it Representation shall commence upon the execution of this engagement
letter, and receipt by Tannebaum, Plana$ & Weiss, along with the required retainer.
Very truly yours,
Daniel A. Weiss, Esq.
DAW /bsw
AGREED AND ACCEPTED
this day of July, 2004.
UO
TANNEBAUM, PLANAS & WEISS, LLP ♦ ATTORNEYS AT LAW